Market Research Participation Agreement and Website Terms of Service

Last Modified: 09-08-2016

  1. Acceptance of the Terms and conditions
  2. This Market Research Participation Agreement and Website Terms of Service (the “Agreement”) is an agreement between 9310-9056 QUÉBEC INC. doing business as LaunchLeap, (“LaunchLeap”), the owner and operator of the website at launchleap.com providing access to and use of market research online services in a software-as-a-service mode (“SaaS”) and any downloadable electronic application published by LaunchLeap and related to LaunchLeap SaaS (the "Platform"), and you (“you” or “ You”), a visitor of or participant in the Platform. By visiting or using the Platform you acknowledge and agree to the terms and conditions of this Agreement and of LaunchLeap Personal Information Protection Policy, which can be found at https://launchleap.com/privacy and is incorporated by reference. If you choose to not agree with any of these terms, you may not use the Platform.

  3. DEFINITIONS

    Whenever used in this Agreement, the following capitalized terms shall have the meaning ascribed to them herein below:
  4. Activities” means market research activities proposed by LaunchLeap to Registered Participants through the Platform.

  5. Panel” means any LaunchLeap market research panel, made of the community of Registered Participants or a subset thereof.

  6. Participation Currency” means participation points earned by participating in Activities.

  7. Registered Participant means any individual member of a Panel.

  8. Reward” means any redeemable advantage offered to Registered Participants through the Platform in exchange for their participation to Activities.

  9. CHANGES TO TERMS OF SERVICE
  10. Right to Change Terms. LaunchLeap reserves the right, in its sole discretion, to change the terms and conditions of this Agreement (“Updated Terms”) from time to time.

  11. Notice of Updated Terms. Unless LaunchLeap makes a change for legal or administrative reasons, LaunchLeap will provide reasonable advance notice before the Updated Terms become effective. You agree that LaunchLeap may notify you of the Updated Terms by posting them on the Platform.

  12. Acceptance of Updated Terms. Your use of the Platform after the effective date of the Updated Terms constitutes your agreement to the Updated Terms. You should review these terms and conditions of this Agreement and any Updated Terms before using the Platform.

  13. Effective Date of Updated Terms. The Updated Terms will be effective as of the time of posting, or such later date as may be specified in the Updated Terms, and will apply to your use of the Platform from that point forward.

  14. PROVISIONS APPLICABLE ONLY TO REGISTERED PARTICIPANTS
    1. Eligibility

      1. Subject to specific exceptions and applicable laws, membership in LaunchLeap Panels is open to residents of Canada & US who are at least 13 years old.

      2. Employees of LaunchLeap are not permitted to claim Rewards.

    2. Registration

      1. Account Creation. You must complete the registration process by providing LaunchLeap with current, complete, and accurate information as prompted by the applicable registration form. You also will choose a password, and an email address as username. You may only open one account per Registered Participant. Your account is not transferrable.

      2. Responsibility for Account. You are entirely responsible for maintaining the confidentiality of your password and account. Furthermore, you are entirely responsible for any and all actions performed under your account. You agree to notify LaunchLeap immediately of any unauthorized use of your account or any other breach of security.

      3. Liability for Account Misuse. LaunchLeap will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. You could be held liable for losses incurred by LaunchLeap or another party due to someone else using your account or password.

      4. Use of Other Accounts. You may not use anyone else's account at any time, without the permission of the account holder.

    3. Account Use and Benefits

      1. To receive offers of Activities, you must fill in your profile.

      2. LaunchLeap’s systems will select your account for Activities based on the information it contains.

      3. Participation in a Panel is free of charge, but may be subject to conditions.

      4. You may earn Participation Currency, which will be credited to your account, by participating in Activities. Once you have accumulated sufficient Participation Currency to reach a redemption threshold, you can exchange your Participation Currency for Rewards.

      5. Participation Currency has no monetary value and may not be redeemed for cash, bartered, auctioned, traded, sold or transferred and is not transferrable upon death, by gift, as part of a domestic relations matter, or otherwise, except by operation of law.

    4. Conduct

      1. LaunchLeap relies on accurate data to serve its clients that reflect the true opinions of Registered Participants. As a Registered Participant, you agree to provide truthful and well considered answers to LaunchLeap’s Activities.

      2. You must ensure that the information you provide both when setting up your account and completing your profile is accurate. If, in LaunchLeap’s reasonable view, the information you provided was inaccurate, your account may be terminated.

      3. LaunchLeap reserves the right to withhold awarding Participation Currency to a Registered Participant or cancel his membership if, in LaunchLeap's reasonable view, a Registered Participant’s survey responses are untruthful or not well considered.

    5. Termination

      1. You can terminate your account at any time, but in doing so you forfeit the Participation Currency in your account. If you wish to do so you can unsubscribe via the following link https://launchleap.com/settings or email Registered Participant services or from the unsubscribe link present in the footer in any email from LaunchLeap.

      2. LaunchLeap reserves the right to terminate your account at any time, immediately without specifying a reason, or if:

        1. You have been inactive for 365 days or more; or

        2. You are in breach of these terms.

      3. Your account termination will result in your Participation Currency being deleted.

    6. Ownership of Content, Assignment of Rights to Content

      1. When you become a Registered Participant, you agree that title, ownership rights, and other intellectual property and proprietary rights in all content of Panels shall remain in LaunchLeap and/or its licensors and suppliers.

      2. Through your participation, you acknowledge that the content of the Platform, including but not limited to text, sound, photographs, graphics, software or other material contained in LaunchLeap e-mail communications, services or software - is copyrighted and owned by LaunchLeap and/or its licensors and suppliers. Such content may not be copied, modified, reproduced, republished, posted, transmitted, sold, offered for sale, or redistributed in any way without the prior written permission of LaunchLeap and its applicable licensors or suppliers, with the sole exception that one copy of any necessary software that may be provided by LaunchLeap may be downloaded onto a single computer for Registered Participant's personal, non-commercial use. You must abide by all copyright notices, information, or restrictions contained in or attached to any such content.

      3. Any and all survey responses, data and information provided by a Registered Participant during his participation in any Panel, including as part of a survey or study, becomes the Intellectual Property of LaunchLeap and/or its client or partners. This includes:

        1. Survey responses;

        2. Images or videos; and

        3. Response to open-ended survey questions.

    7. Confidentiality

      1. As a Registered Participant of LaunchLeap’s Panel, you will be exposed to some new products and innovative ideas from LaunchLeap’s clients and you must not share any of the information relating to the products or the research activity in which you participated, via any medium.

      2. If LaunchLeap has reason to believe you have shared material containing LaunchLeap’s client’s intellectual property outside the context of the research activity, your participation may be terminated, without prejudice to any other recourses.

    8. Limitation of liability

      1. Neither LaunchLeap nor its officers, directors, stockholders, subsidiaries, employees, agents, licensors, affiliates, or other third-party providers shall be held liable for any damages or losses, whether direct, indirect, incidental, special, consequential or exemplary damages resulting from:

        1. The use or inability to participate in any Panel;

        2. The cost of procurement of substitute goods or services;

        3. Any transaction entered into or through any Panel;

        4. The reliance on or use of any information, goods, services or merchandise provided through participation in any Panel;

        5. Unauthorized access to or alteration of Registered Participant's transmissions or data;

        6. Statements or conduct of any third party;

        7. Any claim attributable to errors, omissions or other inaccuracies in any Panel and/or materials or information retrieved through any Panel; or

        8. Any other matter relating to any Panel or these terms.

      2. If this limitation of liability provision shall be deemed unenforceable, either in whole or in part, then such parts as are unenforceable shall be deleted, the remaining parts shall remain in full force and effect and the liability of LaunchLeap shall be limited to the greatest extent permitted by applicable law.

  15. Use of The Platform
  16. Access and Use. During the term of this Agreement, LaunchLeap grants to Registered Participants a limited, non-exclusive, non-transferable right to access and use the Platform to participate in Activities in accordance with the terms and conditions of this Agreement.

  17. User Conduct

    You may not engage in any of the following prohibited activities:

    1. copying, distributing, or disclosing any part of the Platform in any medium, including without limitation by any automated or non-automated "scraping",

    2. using any automated system, including without limitation "robots," "spiders," "offline readers," etc., to access the Platform,

    3. transmitting spam, chain letters, or other unsolicited email,

    4. attempting to interfere with, compromise the system integrity or security, or decipher any transmissions to or from the servers running the Platform,

    5. taking any action that imposes, or may impose at LaunchLeap’s sole discretion an unreasonable or disproportionately large load on Platform infrastructure,

    6. uploading invalid data, viruses, worms, or other software agents through the Platform,

    7. collecting or harvesting any personally identifiable information, including account names, from the Platform,

    8. using the Platform for any commercial solicitation purposes,

    9. impersonating another person or otherwise misrepresenting your affiliation with a person or entity, conducting fraud, hiding or attempting to hide your identity,

    10. interfering with the proper working of the Platform,

    11. accessing any content on the Platform through any technology or means other than those provided or authorized by the Platform;

    12. bypassing the measures LaunchLeap may use to prevent or restrict access to the Platform, including without limitation features that prevent or restrict use or copying of any content or enforce limitations on use of the Service or the content therein; or

    13. modify, make derivative works of, disassemble, reverse compile or reverse engineer any part of the Platform in order to build a similar or competitive product or service, except as expressly permitted by applicable law

  18. links and THIRD-PARTY Content
  19. Links. The Platform may contain links to third-party websites or resources. You acknowledge and agree that LaunchLeap is not responsible or liable for: (i) the availability or accuracy of such websites or resources, or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by LaunchLeap of those websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.

  20. Third Party Content. Through the Platform, you will have the ability to access and/or use content provided by third parties. LaunchLeap cannot guarantee that such third party content will be free of material you may find objectionable or otherwise. LaunchLeap disclaims any responsibility or liability related to your access or use of any third party content.

  21. Trademarks

    LaunchLeap name and logo are trademarks of LaunchLeap, and may not be copied, imitated or used, in whole or in part, without the prior written permission of LaunchLeap. Other trademarks, as well as any third-party trademarks, logos and tradenames appearing on the Platform, the application or through any Panel, are the property of their respective owners. In addition, all page headers, custom graphics, button icons and scripts are service marks, trademarks, and trade dress of LaunchLeap, and may not be copied, imitated, or used, in whole or in part, without prior written permission from LaunchLeap. LaunchLeap reserves all rights not expressly granted in and to the Platform. You agree to not engage in the use, copying, or distribution of any part of the Platform other than expressly permitted.

  22. Termination
  23. Termination upon Notice. Either party may terminate this Agreement at any time by notifying the other party.

  24. Termination by LaunchLeap. LaunchLeap may terminate or suspend your access to or ability to use the Platform immediately, without prior notice or liability, for any reason or no reason, including breach of this Agreement.

  25. Effect of Termination. Upon termination of your access to or ability to use the Platform, your right to use or access the Platform will immediately cease.

  26. Survival of Provisions. This agreement's provisions that by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, and limitations of liability. Termination of your access to and use of the Platform shall not relieve you of any obligations arising or accruing prior to termination or limit any liability that you otherwise may have to LaunchLeap or any third party.

  27. Disclaimers
  28. The Platform is provided on a strictly "as is" and "as available" basis, without any warranties of any kind. Your use of the Platform is solely at your risk. To the fullest extent permissible under applicable law, LaunchLeap disclaims all such warranties, express or implied, including, but not limited to, warranties of merchantability, fitness for a particular purpose, non-infringement, accuracy, freedom from errors, suitability of content, or availability.

  29. Neither LaunchLeap nor its third-party partners make any warranty, express or implied:

    1. with regard to any products, services, or gifts obtained by Registered Participants through a Panel.

    2. that a Panel will meet Registered Participant's requirements.

    3. that a Panel will be uninterrupted, timely, free of errors or without defects.

    4. as to the results a Registered Participant may obtain by using a Panel.

    5. as to the accuracy or reliability of any information obtained via a Panel.

    6. That unauthorized third parties will never be able to defeat the Platform's security measures or to access or use for improper purposes any personal information you provide to LaunchLeap.

  30. LaunchLeap cannot and shall not be liable or responsible for those guarantees, warranties and representations, if any, offered by clients, partners, reward partners, manufacturers of merchandise or suppliers of services.

  31. No advice or information, whether oral or written, obtained by a Registered Participant from LaunchLeap or via a Panel shall create any warranty not expressly made herein.

  32. Limitation of Liability

    To the fullest extent permitted by applicable law in no event shall LaunchLeap be liable for any direct, special, indirect or consequential damages, or any other damages of any kind, including but not limited to loss of use, loss of profits or loss of data, whether in an action in contract, tort (including but not limited to negligence) or otherwise, arising out of or in any way connected with the use of or inability to use the Platform, including without limitation any damages caused by or resulting from reliance by user on any information obtained from Platform, or that result from mistakes, omissions, interruptions, deletion of files or email, errors, defects, viruses, delays in operation or transmission or any failure of performance.

  33. Indemnification

    You agree to defend, indemnify and hold harmless LaunchLeap, its subsidiaries and affiliated companies, and their officers, directors, employees, contractors and agents from and against any and all claims, causes of action, damages, obligations, losses, liabilities, costs or debt, and expenses (including attorneys' fees and costs) and all amounts paid in settlement arising from or relating to your use of the Platform. LaunchLeap may assume the exclusive defense and control of any matter for which users have agreed to indemnify LaunchLeap and you agree to assist and cooperate with LaunchLeap in the defense or settlement of any such matters.

  34. Governing Law and Severability

    This agreement will be governed by and construed in accordance with the laws of the province of Quebec, without regard to its conflict of laws rules. Any dispute arising from this Agreement or the use of Platform will be subject to the jurisdiction of the courts of the District of Montreal in the Province of Quebec. If any provision of these Terms of Use is deemed invalid by a competent court, this will not render invalid all other provisions, as the invalid provision will be separated from the remaining provisions of these Terms of Use, which will remain in effect.

  35. Feedback

LaunchLeap welcomes any comment, question and communication at contact@launchleap.com.