RESEARCH VOICE

TERMS & CONDITIONS

1.    Generally.

These Terms and Conditions govern your membership in Research Voice and use of, and interaction with, www.research-voice.com (the "Website"). Research Voice was created and will be operated by Survey Sampling International, LLC ("SSI").  SSI shall sponsor and operate the Website. Research Voice was created for the purpose of exploring industry practices and procedures for enhancing the respondent experience and data quality.

2.    Use of the Website.

Access to, and use of, the Website is subject to these Terms and Conditions, and is limited to your personal, non-commercial use. Any use of the Website in violation of these Terms and Conditions is strictly prohibited. You may terminate your membership at any time; see Section 6 of these Terms and Conditions for more details. Membership is open to individuals who are eighteen (18) years of age or older.

If you do not qualify, please do not attempt to register as a member or to ACCESS THE WEBSITE.

Research Voice reserves the right to refuse to offer or provide membership to anyone, at anytime, in its sole discretion.

3.    Application and Passwords.

You may access a publicly available portion of the Website as a visitor and such access will not require the provision of any personal information ("Personal Information"). In order to access certain benefits offered by or through Research Voice, including without limitation access to articles, blogs, and chat rooms, you will be required to register with the Website and to provide certain Personal Information in connection with such registration. As a condition of membership, you are required to truthfully provide all information requested by Research Voice and you are strictly prohibited from using any aliases or other means to mask or conceal your true identity. If you provide any information to Research Voice or to any of its employees, agents, or representatives that is untrue, inaccurate, not current, or incomplete, or if Research Voice or any of its employees, agents, or representatives has reasonable grounds to suspect such information is untrue, inaccurate, not current, or incomplete, Research Voice reserves the right to terminate your membership and to prevent you from any current or future access to, or use of, the Website.

Research Voice permits you to create your own username and password. You are solely responsible for the security of your username and password and you will be solely liable and responsible for any use or unauthorized use of your accounts. Research Voice strongly recommends against using social security numbers, financial account numbers, or any other identification or account numbers, as a username or password.

4.    Unauthorized Use(s).

You are prohibited from:

a. using spiders, robots or other automated data mining techniques to catalog, download, store or otherwise reproduce or distribute content available on the Website;
b. taking any action to interfere with the Website or any other individual's use of the Website, including, without limitation, via means of overloading, "flooding," "mail bombing" or "crashing" the Website;
c. sending unsolicited email, including promotions and/or advertising of products or services, through the Website;
d. forging or masking true identities in any email, blog, chat room or other posting;
e. framing portions of the Website within another website or altering the appearance of the Website;
f. establishing links from any other website to any page of the Website without the prior express written permission of Research Voice, which consent may be granted or withheld in the sole discretion of Research Voice;
g. posting or transmitting any infringing, threatening, libelous, defamatory, obscene, scandalous, or inflammatory information, material, and/or content or any information, material, and/or content that could otherwise violate any applicable international, national, Federal, state and/or local laws, codes, regulations, rules and/or requirements, including without limitation any copyright law(s); and
h. encouraging, coaching, and/or advising any individual to commit any act(s) prohibited hereunder. You acknowledge and agree that Research Voice and/or SSI will fully cooperate with any law enforcement authorities or court order, within the limits of all applicable laws, requesting or directing Research Voice and/or SSI to disclose or reveal the identity of anyone posting any such information or materials or using the Website in violation of these Terms and Conditions.

5.    Digital Millennium Copyright Act.

It is the policy of Research Voice and SSI to respond to clear notices of alleged copyright infringement. Research Voice and SSI have a policy of (a) removing or replacing, or disabling access to, any information, material, or content that violates or allegedly violates applicable copyright law(s); and (b) suspending or terminating a member's access to the Website if a member uses the Website in violation of applicable copyright law(s) or if the member repeatedly engages in activities that infringe applicable copyright law(s).

This Section describes the information that should be included in any notices related to alleged copyright infringement. Pursuant to Title 17 of the United States Code §512, Research Voice and SSI have implemented procedures for receiving written notification of claimed copyright infringement and for processing such claims in accordance with such law.

A. Initial Infringement Notice. If you believe your copyright or other intellectual property right is being infringed by a member of the Website, please provide written notice to the following Research Voice agent for notice of claims of infringement:

Duane L. Berlin, Esq.
Lev & Berlin, P.C.
200 Connecticut Avenue
Norwalk, CT 06854
(T) +1 203 838 8500
(F) +1 203 854 1652

The written notice must:

(i) contain your physical or electronic signature;
(ii) identify the copyrighted work or other intellectual property alleged to have been infringed;
(iii) identify the allegedly infringing material in a sufficiently precise manner to allow Research Voice to locate the information, material or content;
(iv) contain adequate information by which Research Voice can contact you (including postal address, telephone number, and e-mail address);
(v)     contain the following statement: "I have a good faith belief that use of the copyrighted material or other intellectual property is not authorized by the owner, the owner's agent or the law;" and
(vi) contain the following statement: "I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or I am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed."

Please do not send notices or inquiries unrelated to alleged copyright or other intellectual property right infringement to Research Voice designated agent, as they will be deleted upon receipt. Pursuant to applicable law(s), Research Voice will provide the infringement notice to the individual or entity allegedly committing the infringement.

B. Counter Notification. In response to an initial infringement notification, the member responsible for submitting the allegedly infringing information, material, or content, shall have the right to provide counter notification disputing the allegations of copyright infringement. Upon receipt of such counter notification, Research Voice will provide a copy of the counter notification to the individual or entity providing the initial infringement notification and if such individual or entity fails, within ten (10) business days following receipt of the counter notification, to provide Research Voice designated agent with notification that it has filed a legal action seeking a court order to restrain the infringing activity, Research Voice reserves the right to reinstate or repost or cease, disabling access to, the allegedly infringing information, material or content.

To file a counter notification with Research Voice designated agent, you must provide a written communication (by fax or regular mail) that complies with the following:

(i)         Identifies the allegedly infringing information, material and/or content that was removed or replaced or to which access was disabled, and the location of such information, material and/or content within the Website prior to such removal or replacement, or prior to access being disabled;
(ii)        Provides your name, address, telephone number, email address, and a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which your address is located (or Fairfield County, Connecticut, if you reside outside of the United States), and that you will accept service of process from the individual or entity providing the initial infringement notification or an agent of such individual or entity;
(iii)       Includes the following statement: "I swear, under penalty of perjury, that I have a good faith belief that the information, material and/or content identified in this notice was removed or disabled as a result of a mistake or misidentification of the information, material, or content to be removed or disabled;"
(iv)       Contains either a physical or electronic signature; and
(v)        Sent to the following address:

Duane L. Berlin
Lev & Berlin, P.C.
200 Connecticut Avenue
Norwalk, CT 06854
(T) +1 203 838 8500
(F) +1 203 854 1652

6.    Profile Updates; Termination of Membership.

For the purpose of these Terms and Conditions, the term "Personal Information" includes, without limitation, an individual's first and last name, employer and employer's address, email address, and telephone number. You agree to promptly notify Research Voice of any changes in your Personal Information and any other information that you supply or provide to Research Voice, by updating such Personal Information and any other information as described herein. If you need to update or correct your Personal Information you may do so by visiting your User Profile on the Website.  

In the event that you voluntarily wish to terminate your membership with Research Voice, you may terminate your membership by sending an email with your request to info@research-voice.com.  SSI will use reasonable efforts to read and respond to each email request within a reasonable period of time. Upon termination, your membership account will be terminated and you will be removed from any further communication or contact lists. Please allow a few days for the complete removal of your information from the Research Voice's communication or contact lists; during which time period you may receive communications. Research Voice apologizes for any inconvenience. Research Voice will retain your Personal Information in its databases indefinitely; however, Research Voice will continue to protect such Personal Information in accordance with Research Voice Privacy Policy.

7.    Third Party Information.

The Website may contain (i) links to websites maintained by a third party or third parties ("Third Party Websites") and/or (ii) information about products and/or services offered by a third party or third parties ("Third Party Information"). The inclusion of links to Third Party Websites and/or Third Party Information does not constitute an endorsement of such Third Party Websites or Third Party Information by Research Voice and/or any of its employees and/or agents. Neither Research Voice nor any of its employees and/or agents has, or will, independently verify the business and/or privacy practices of the third party or third parties connected to the Third Party Websites and/or Third Party Information. Research Voice recommends that you independently investigate the Third Party Websites and Third Party Information and review all applicable terms and conditions, and privacy policies.

8.    Communications.

Any information, communication(s), or material(s) that you submit or transmit to Research Voice by electronic mail or otherwise, is and will be treated as non-confidential and non-proprietary information, unless specifically indicated by you either immediately prior to, or contemporaneously with, the submission or transmission of such information, communication(s) or material(s).

Except to the extent that the information, material, content and/or communication are covered by Research Voice Privacy Policy, You acknowledge and agree that any such information, material, content and/or communication are submitted or transmitted to Research Voice on a non-confidential basis and Research Voice may use such information, material, content and/or communication for any purpose(s).

You further acknowledge and agree that any information, material, content, ideas, suggestions, practices, policies, strategies, and/or communication posted or made available either in a public forum, or via any e-mail, blog, chat room or any other electronic message system, available to members on the Website, are not subject to Research Voice Privacy Policy and shall not be considered or classified as your confidential and/or proprietary information. Further any such information, material, content, ideas, suggestions, practices, policies, strategies, and/or communications may be used, reused, disclosed, reproduced, modified, distributed, transferred, adapted, published, and/or publicly displayed by any recipient of the same, or any person accessing or viewing the public forum in which the same was submitted, published or distributed, without any restriction or limitation and without any compensation due and owing to you.

9.    Privacy.

Research Voice takes the privacy of you and your Personal Information very seriously. For further information about how Research Voice collects, maintains, uses, and discloses Personal Information provided by or collected from you, please review Research Voice Privacy Policy.

10.    Disclaimer.

The Website, including all information, content, AND/OR material made available on, or accessed through, the Website, are provided "as is."

To the fullest extent permissible by law, NEITHER Research Voice NOR SSI make any representations or warranties of any kind whatsoever in connection with any INFORMATION, MATERIAL, OR content on the Website. Further, Research Voice AND SSI hereby disclaims any and all express or implied warranties, including, without limitations, non-infringement, merchantability and fitness for a particular purpose. NEITHER Research Voice NOR SSI  warrant that the TOOLS OR functions contained in the Website or any information, MATERIAL, OR content contained therein, will be uninterrupted or error free, that defects will be corrected, that the SYSTEMS or the server(s) that SUPPORT THE WEBSITE AND make THE WEBSITE AVAILABLE will be corrected, or that the SYSTEMS or the servers that SUPPORT THE WEBSITE AND MAKE THE WEBSITE available ARE free of viruses or other harmful components.

YOU acknowledge and agree that NEITHER Research Voice NOR SSI IS LIABLE OR RESPONSIBLE FOR ANY INFORMATION, MATERIAL, AND/OR CONTENT SUBMITTED, UPLOADED, OR CONTAINED WITHIN THE WEBSITE.

THE VIEWS, OPINIONS AND/OR STATEMENTS OF ANY MEMBER, WHETHER IN A PUBLIC FORUM, OR VIA ANY E-MAIL, BLOG, CHAT ROOM, OR ANY OTHER ELECTRONIC MESSAGE SYSTEM, AVAILABLE TO MEMBERS ON, OR THROUGH, THE WEBSITE, ARE SOLELY THOSE OF THE AUTHOR OF SUCH VIEWS, OPINIONS AND/OR STATEMENTS AND DO NOT REFLECT THE VIEWS, OPINIONS, AND/OR STATEMENTS OF Research Voice , SSI AND/OR ANY OF THEIR RESPECTIVE EMPLOYEES AND/OR AGENTS.

11.    Changes.

All information posted on the Website is subject to change without prior notice. In addition, these Terms and Conditions may be changed at any time without prior notice from Research Voice . Any changes to these Terms and Conditions will be posted on the Website. Research Voice recommends that members check the Website frequently for any changes. Your continued use of, and access to, the Website, after these Terms and Conditions are modified, constitutes acceptance of these Terms and Conditions, as modified.

12.    Indemnification.

You agree to indemnify, defend and hold harmless Research Voice , SSI and/or any of their respective  employees and/or agents, from and against any and all claims, demands, liabilities, losses, and/or costs and/or expenses, including reasonable attorneys' fees and court costs, arising out of, resulting from, in connection with, or caused by, whether directly or indirectly, (i) your breach or violation of these Terms and Conditions and/or (ii) your breach or violation of applicable international, national, Federal, state and/or local laws, codes, regulations, rules and/or requirements.

13.    Limitations of Liability.

EXCEPT TO THE EXTENT PROHIBITED BY APPLICABLE LAWS, YOU ACKNOWLEDGE AND AGREE THAT IN NO EVENT WILL Research Voice OR SSI BE LIABLE, OR OTHERWISE RESPONSIBLE, TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL AND/OR PUNITIVE DAMAGES, ARISING OUT OF, RESULTING FROM, IN CONNECTION WITH, OR CAUSED BY, WHETHER DIRECTLY OR INDIRECTLY, (i) YOUR MEMBERSHIP WITH Research Voice ; AND/OR (ii) YOUR RELIANCE ON, OR USE OF, ANY INFORMATION, MATERIAL, OR CONTENT PROVIDED BY, ON, OR THROUGH THE WEBSITE; REGARDLESS OF WHETHER Research Voice OR SSI IS INFORMED OF THE POSSIBILITY THE SAME MAY EXIST.

14.    Compliance with Applicable Laws.

You acknowledge and agree that you will comply with all applicable international, Federal, state and/or local laws, statutes, ordinances and regulations regarding your use of the Website.

15.    Suspension and Termination.

Without limiting any other available remedies, you acknowledge and agree that Research Voice may, without any notice, suspend or terminate your account if you breach, violate or otherwise fail to abide by or comply with these Terms and Conditions.

16.    Notices.

All notices to be sent or provided to Research Voice should be correctly addressed to the applicable e-mail or business address, and shall be sufficiently delivered if delivered: (i) by Federal Express, Express Mail, or other nationally or internationally recognized overnight courier service (in which case notice shall be effective one (1) business day following dispatch); (ii) by certified mail, return receipt requested, postage prepaid (in which case notice shall be effective six (6) days following deposit in mail); or (iii) by e-mail (in which case notice shall be effective one (1) day following the date the e-mail was sent, provided that the sender did not receive an error message stating that delivery of the e-mail was delayed, that the e-mail address was invalid or that the e-mail otherwise could not be delivered to the intended recipient).

Research Voice may provide required notice(s) to you either (i) via the e-mail address provided by you to Research Voice (in which case notice shall be effective one (1) day following the date the e-mail was sent, provided that Research Voice did not receive an error message stating that delivery of the e-mail was delayed, that the e-mail address was invalid, or that the e-mail otherwise could not be delivered to the intended recipient); or (ii) by certified mail, return receipt requested, postage prepaid addressed to the address provided by you to Research Voice (in which case notice shall be effective six (6) days following deposit in mail).

17.    Severability.

If any provision of these Terms and Conditions shall be held or declared to be invalid or unenforceable for any reason by any court of competent jurisdiction, such provision shall be deemed null and void and shall not affect the application and/or interpretation of these Terms and Conditions. The remaining provisions of these Terms and Conditions shall continue in full force and effect, as if the invalid or unenforceable provision was not a part of these Terms and Conditions.

18.    Governing Laws; Disputes.

These Terms and Conditions shall be governed by and construed in accordance with the laws of the state of Connecticut, USA, without regard to its conflict of laws principles. Any controversy or claim arising out of or relating to these Terms and Conditions and/or your membership shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in Fairfield County, Connecticut, USA, and judgment on the arbitration award may be entered in any court having jurisdiction thereof. Notwithstanding the foregoing, in no event shall you or Research Voice  or SSI be restricted or limited from seeking equitable relief from a court of competent jurisdiction located in Fairfield County, Connecticut, USA, to protect rights and/or property from damage or injury. 

19.    Miscellaneous Terms.

The headings contained in these Terms and Conditions are for reference only and shall have no effect on the interpretation and/or application of these Terms and Conditions. Failure of Research Voice to enforce a breach by you of these Terms and Conditions shall not waive or release you from such breach and shall not waive, release or prevent Research Voice from enforcing any subsequent breach by you of these Terms and Conditions. These Terms and Conditions and any policy or policies referenced or incorporated into these Terms and Conditions, represents the entire understanding and agreement between Research Voice and you with respect to the subject matter hereof.

20.    Questions.

Any questions regarding these Terms and Conditions should be directed, in accordance with Section 16, to:

Research Voice
c/o Survey Sampling International, LLC
International Place
6 Research Drive
Shelton, Connecticut 06484
Attn: Tracy Vollaro

21.    Agreement.    

By registering to become a member of Research Voice, you signify your acceptance of these Terms of Use.

Last Updated: August 2009 .