YOUR ACCESS AND USE OF THE SERVICE IS SUBJECT TO THE FOLLOWING TERMS AND CONDITIONS (THE "TERMS AND CONDITIONS") AND ALL APPLICABLE LAWS. BY ACCESSING OR USING ANY PART OF THE SITE, YOU ACCEPT, WITHOUT LIMITATION OR QUALIFICATION, THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE WITH ALL OF THESE TERMS AND CONDITIONS, YOU MAY NOT USE ANY PORTION OF THE SERVICE.
1. Acceptance of Terms and Privacy Policies
This Site is provided pursuant to these Terms and Conditions solely for your personal, non-commercial use. The information contained on this Site is for informational purposes only. Any use contrary to as stated herein requires our prior written consent. You must be 18 years of age or older, or have consent of your legal guardian to participate in any surveys, polls, or community panels on this Site.
In order to access certain services and content on the Site, such as surveys, you will be required to provide specific information. All information about you must be truthful and you may not use any aliases or other means to mask your true identity. We may suspend or terminate your access at any time with or without notice. To understand how we use information collected from you, please read our Privacy Policy.
Fuel Cycle provides the community service that supports and hosts the Service hereunder. The Service is offered to you conditioned upon your acceptance of this Agreement and Fuel Cycle Inc.’s (“Fuel Cycle”) privacy policy (available here: https://fuelcycle.com/legal/privacy-policy/), each incorporated herein by reference. Your use of the Service constitutes your acceptance of this Agreement, our Privacy Policy and Fuel Cycle’s privacy policy. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT OR OUR PRIVACY POLICY OR FUEL CYCLE’S PRIVACY POLICY, YOU MAY NOT USE OR ACCESS THE SERVICE.
2. Unauthorized Use
You agree not to use the Site for illegal purposes (including, without limitation, unlawful, harassing, libelous, and invasive of another's privacy, abusive, threatening or obscene purposes). You agree that you will comply with all laws related to your use of the Site. You may not use spiders, robots, data mining techniques or other automated devices or programs to catalog, download, store or otherwise reproduce or distribute content available on the Site or to manipulate the results of any panel, poll, survey or sweepstakes on the Site. You may not take any action to interfere with the Site or any other user's use of the Site, including, without limitation, via means of overloading, "flooding," "mailbombing" or "crashing" the Site. You may not send unsolicited email, including promotions and/or advertising of products or services, through the Site or forge or mask your true identity in any email or posting. You may not frame portions of the Site within another website, alter the appearance of the Site or establish links from any other website to any page of the Site other than the home page. You may not resell use of, or access to, the Site to any third party. An individual cannot register for or maintain more than one account.
You are prohibited from posting or transmitting any threatening, libelous, defamatory, obscene, scandalous, or inflammatory material or any material that could otherwise violate any law. Hivemind Market Research will fully cooperate with any law enforcement authorities or court order requesting or directing Hivemind Market Research to disclose the identity of anyone posting any such information or materials.
Hivemind Market Research may not use the Service or the Software, in whole or in part, for any purpose that is unlawful in any way, that may cause Hivemind Market Research (or any of its licensors, including without limitation Fuel Cycle) legal liability of any kind or nature (either civilly or criminally), that may disrupt the Service or disrupt others’ use of the Service, that may be considered by Company to be any of the following: harassing, libelous, invasive of anyone’s privacy, defamatory, obscene, illegal, harmful, incendiary, discriminatory, prejudice, offensive, hostile, and/or pornographic, that may be prohibited by these Rules of Participation. Hivemind Market Research may also not use the Service or the Software for any commercial purpose of any kind or nature. You agree not to modify, rent, lease, loan, reproduce, duplicate, copy, sell, distribute, otherwise exploit, or create derivative works based on, the Service and/or the Software, in whole or in part, or any Content (as defined below) contained therein.
3. Intellectual Property
Hivemind Market Research is the exclusive owner of, or is authorized to use or provide access to, all parts of the Site, including all copy, graphics, designs, trademarks, service marks, copyrights, patents, and other intellectual property or proprietary rights contained therein. Except as expressly permitted in these Terms and Conditions, you may not modify, copy, reproduce, create derivative works, republish, display, upload, post, transmit, or distribute in any way content available on this Site without the prior written consent of Hivemind Market Research No license is granted to you and no rights are conveyed by virtue of accessing or using the Site. All rights not granted under these Terms and Conditions are reserved by Hivemind Market Research
4. Sweepstakes and Promotions
From time to time Hivemind Market Research may offer or conduct panels, surveys, sweepstakes, points programs or other promotions or programs ("Services") in connection with this Site. All such Services shall be subject to any additional terms, conditions, rules, guidelines or agreements that are provided to you at the time of accessing such Services. Hivemind Market Research reserves the right to change point awards or other incentives offered in connection with these Services.
Surveys are typically compensated by Visa debit cards, checks and/or points. Regarding Visa cards, please visit our FAQ page.
Note that, during any calendar year, no individual shall be awarded a prize or prizes or given other items of value, which, solely or in the aggregate, as the case may be, have an approximate retail value of greater than $599.99 from Hivemind Market Research or any of its partners, affiliates, agents or licensors (including without limitation Fuel Cycle, Inc., a third-party beneficiary of these Rules of Participation).
5. Third-Party Information
This Site may contain (i) links to other websites not maintained by Hivemind Market Research or (ii) information about products or services of third parties. Hivemind Market Research does not independently verify the business practices of these third parties and makes no warranties on their behalf. The availability of any link or reference of any third party shall in no way constitute an endorsement by Hivemind Market Research of such third party. We encourage you to be aware when you leave our Site and to read the terms and conditions of each and every website that you visit. Hivemind Market Research is not responsible for practices or content of such other web-sites. The views and opinions expressed on this Site are not necessarily those of Hivemind Market Research.
The appearance, availability, or your use of URLs or links referenced or included anywhere in the Service or any other form of link or re-direction of your connection to, with or through the Service, does not constitute an endorsement by, nor does it incur any obligation, responsibility or liability on the part of, Hivemind Market Research or Fuel Cycle, any of their successors and assigns. We do not verify, endorse or have any responsibility for any such third-party sites, their business practices (including their privacy policies), or any of their goods or services.
Fuel Cycle is an intended third-party beneficiary of this Agreement.
6. Communications with Hivemind Market Research
Any communication or material you transmit to Hivemind Market Research by electronic mail or otherwise, including any data, questions, comments, panel responses, suggestions, or the like is, and will be treated as, non-confidential and nonproprietary. Except to the extent expressly covered by our Privacy Policy, anything you transmit or post may be used by Hivemind Market Research or its affiliates for any purpose, including but not limited to, reproduction, disclosure, transmission, publication, broadcast and posting. Furthermore, Hivemind Market Research is free to use any ideas, concepts, know-how, or techniques contained in any communication you send to the Site without compensation and for any purpose whatsoever, including but not limited to, developing, manufacturing and marketing products and services using such information.
7. Privacy
Hivemind Market Research takes the privacy of you and your information very seriously. For further information about how we use information collected from you, please view our Privacy Policy.
To provide the Service, Hivemind Market Research and Fuel Cycle must collect and use your personal data. All Registration Data and whatever other information about you that we receive from you through your use of the Service is subject at all times to the terms of Hivemind Market Research’s Privacy Policy and Fuel Cycle’s privacy policy.
You represent, warrant, and promise to Company and Fuel Cycle that: (a) the Member Content is your original work and that you have the right to assign (or license as applicable) to Company the Member Content posted by you on the Service, (b) your posting or transmitting of Registration Data and Member Content on or through the Service and Hivemind Market Research and Fuel Cycle’s exercise of their rights you grant hereunder, does not/do not, and will not, violate Section 9 (Member Content) or infringe, violate, or otherwise misappropriate the privacy rights, publicity rights, copyrights, trademark rights, patent rights, trade secret rights, contract rights, confidentiality rights, or any other rights of any kind or nature of any person or entity at any time (or otherwise violate any law, rule, or regulation, and/or the terms hereof), and (c) none of Hivemind Market Research or Fuel Cycle will be required to pay or incur any sums to any person or entity as a result of its exercise of its rights hereunder.
You hereby grant to Hivemind Market Research and Fuel Cycle a worldwide, irrevocable, sublicensable, transferable, exclusive, royalty-free, and perpetual right and license to use the Registration Data and Member Content for purposes such as technical support, notifying users of changes, providing or enhancing the Services, or any other reasons specifically set forth in any of our policies (including Fuel Cycle’s privacy policy).
No compensation will be paid or due you with respect to Hivemind Market Research’s, Fuel Cycle’s or Fuel Cycle’s sublicensees’ or transferee’s use of the Registration Data or Member Content.
As between Hivemind Market Research and you, all right, title and interest in and to the Service, the Software, and any Service Content (including any intellectual property rights contained in any of the aforementioned) is and will remain the sole property of Hivemind Market Research and Fuel Cycle.
8. No Warranties
THE SITE, INCLUDING ALL CONTENT OR SERVICES MADE AVAILABLE ON OR ACCESSED THROUGH THE SITE, IS PROVIDED "AS IS." TO THE FULLEST EXTENT PERMISSIBLE BY LAW, Hivemind Market Research MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER FOR THE CONTENT ON THE SITE. FURTHER, Hivemind Market Research DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, NON-INFRINGEMENT, TITLE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. Hivemind Market Research DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SITE OR ANY MATERIALS OR CONTENT CONTAINED THEREIN WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVER THAT MAKES IT WILL BE CORRECTED, OR THAT THE SITE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. IN NO EVENT WILL Hivemind Market Research BE LIABLE UNDER ANY THEORY OF TORT, CONTRACT, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR ANY LOST PROFITS, LOST DATA, LOST OPPORTUNITIES, COSTS OF COVER EXEMPLARY, PUNITIVE, PERSONAL INJURY/WRONGFUL DEATH, SPECIAL INCIDENTAL, INDIRECT OR OTHER CONSEQUENTIAL DAMAGES, EACH OF WHICH IS HEREBY EXCLUDED BY AGREEMENT OF THE PARTIES TO THE BROADEST EXTENT PERMITTED BY LAW, REGARDLESS OF WHETHER OR NOT EITHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
If any part of these warranty disclaimers or limitations of liability is found to be invalid or unenforceable for any reason or if we are otherwise found to be liable to you in any manner, then Hivemind Market Research aggregate liability for all claims under such circumstances for liabilities shall not exceed ten dollars (US $10).
You, and not Company or Fuel Cycle, are responsible for compliance with all laws, rules, regulations, and ordinances in connection with your use of the Service.
SUBJECT TO APPLICABLE LAW, YOUR USE OF THE SERVICE, THE SOFTWARE, AND ALL CONTENT OF ANY KIND CONTAINED THEREIN OR DERIVED THEREFROM, IS AT YOUR SOLE RISK. HIVEMIND MARKET RESEARCH AND HIVEMIND MARKET RESEARCH’S PARTNERS, TECHNOLOGY LICENSORS, SOFTWARE VENDORS, SUPPLIERS AND CONTENT SUPPLIERS (INCLUDING FUEL CYCLE AND ITS PARTNERS, TECHNOLOGY LICENSORS, SOFTWARE VENDORS AND SUPPLIERS) PROVIDE THE SERVICE, INCLUDING ALL CONTENT, SOFTWARE, FUNCTIONS, MATERIALS, AND INFORMATION MADE AVAILABLE ON OR ACCESSED FROM OR THROUGH THE SERVICE, “AS IS” AND WITHOUT ANY WARRANTY OR CONDITION OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. HIVEMIND MARKET RESEARCH AND HIVEMIND MARKET RESEARCH’S PARTNERS, TECHNOLOGY LICENSORS, SOFTWARE VENDORS, SUPPLIERS AND CONTENT SUPPLIERS (INCLUDING FUEL CYCLE AND ITS PARTNERS, TECHNOLOGY LICENSORS, SOFTWARE VENDORS AND SUPPLIERS) MAKE NO WARRANTY THAT: (i) THE SERVICE WILL MEET YOUR REQUIREMENTS; (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE, AND/OR FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS; OR (iii) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, PRIZES (IF ANY), OR OTHER MATERIALS OR INFORMATION OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. WITHOUT LIMITATION ON THE FOREGOING, WE ARE UNDER NO OBLIGATION TO STORE AND/OR PROTECT YOUR MEMBER CONTENT, SO IT IS ADVISABLE THAT YOU MAINTAIN YOUR OWN COPY AT ALL TIMES. NOT ALL STATES PERMIT ALL OF THE ABOVE DISCLAIMERS, SO THEY MAY NOT ALL BE APPLICABLE TO YOU.
9. Limitation of Liability
SUBJECT TO APPLICABLE LAW, IN NO EVENT WILL HIVEMIND MARKET RESEARCH OR ANY OF HIVEMIND MARKET RESEARCH’S PARTNERS, TECHNOLOGY LICENSORS, SOFTWARE VENDORS, SUPPLIERS AND CONTENT SUPPLIERS (INCLUDING FUEL CYCLE AND ITS PARTNERS, TECHNOLOGY LICENSORS, SOFTWARE VENDORS, AND SUPPLIERS) BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, EXEMPLARY, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR FAILURE OF PERFORMANCE, ERRORS, OMISSIONS, INTERRUPTIONS, DELETIONS, DEFECTS, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUSES, COMMUNICATION LINE FAILURES, THEFT OR DESTRUCTION, UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF THE SERVICE, OR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN CONNECTION WITH THE SERVICE OR THIS AGREEMENT, DIRECTLY OR INDIRECTLY, EVEN IF HIVEMIND MARKET RESEARCH OR ANY OF HIVEMIND MARKET RESEARCH’S PARTNERS, TECHNOLOGY LICENSORS, SOFTWARE VENDORS, SUPPLIERS AND CONTENT SUPPLIERS (INCLUDING FUEL CYCLE AND ITS PARTNERS, TECHNOLOGY LICENSORS, SOFTWARE VENDORS AND SUPPLIERS) HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL HIVEMIND MARKET RESEARCH’S (OR FUEL CYCLE’S OR ANY OF HIVEMIND MARKET RESEARCH’S OR FUEL CYCLE’S PARTNERS’, TECHNOLOGY LICENSORS’, SOFTWARE VENDORS’, SUPPLIERS’ AND CONTENT SUPPLIERS’) AGGREGATE LIABILITY TO YOU OR ANY THIRD-PARTY ARISING FROM OR RELATING TO THE SERVICE OR THIS AGREEMENT (OR ANY OTHER AGREEMENT ENTERED INTO BY YOU WITH HIVEMIND MARKET RESEARCH IN CONNECTION WITH YOUR USE OF THE SERVICES) EXCEED $500.00. SOME STATES DO NOT ALLOW CERTAIN LIMITATIONS OF LIABILITY SO SOME OF THE ABOVE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU.
10. Changes
All information posted on the Site is subject to change without notice. In addition, these Terms and Conditions may be changed at any time without prior notice. We will make such changes by posting them on the Site. You should check the Site frequently for such changes. Your continued access of the Site after such changes conclusively demonstrates your acceptance of those changes.
11. Indemnification
You agree to indemnify, defend and hold harmless Hivemind Market Research, its employees, directors, officers, agents and representatives from and against any and all third party claims, demands, liabilities, costs or expenses, including reasonable attorney's fees and expenses, arising from, or related to, any breach by you of any of these Terms and Conditions or applicable law, or otherwise arising out of your use of the Site or any content contained therein.
You agree to indemnify, defend, and hold harmless Hivemind Market Research and Hivemind Market Research’s shareholders, parents, subsidiaries, affiliates, officers, directors, employees, agents, advisors, partners, technology licensors, software vendors, suppliers, Content Suppliers, and assigns (including Fuel Cycle and its partners, technology licensors, software vendors and suppliers), from and against any and all losses, liabilities, claims (including claims without legal merit or brought in bad faith), demands, damages, costs or expenses, causes of action, suits, proceedings, judgments, awards, executions and liens, including reasonable attorneys’ fees and costs (whether brought by third parties or otherwise) relating to or arising out of, directly or indirectly: (a) your use of the Service (including, without limitation, the Service Content, Software and any Member Content) in violation of this Agreement; (b) your breach of any representation, warranty, or covenant contained in this Agreement; (c) any Member Content posted or transmitted by you on or through the Service; (d) your acts and omissions; and (e) your negligence, intentional misconduct, or violation or alleged violation of any law or any rights of any third party. Hivemind Market Research reserves the right (but is not obligated), at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you hereunder, and in such event, you will have no further obligation to provide indemnification for such matter; provided, however, that you will use best efforts to cooperate with Hivemind Market Research and Fuel Cycle in such defense and shall be fully responsible for all costs associated therewith. To the fullest extent permitted by law, the foregoing indemnity will apply regardless of any fault, negligence, or breach of warranty or contract by Hivemind Market Research or any of Hivemind Market Research’s shareholders, parents, subsidiaries, affiliates, officers, directors, employees, agents, advisors, partners, technology licensors, software vendors, suppliers, and Content Suppliers (including Fuel Cycle and its partners, technology licensors, software vendors and suppliers).
12. Severability
If any part 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 ineffective but shall not affect any other part of these Terms and Conditions and, in such event, such provision shall be changed and interpreted so as to best accomplish the objectives of such unenforceable or invalid provision within the limits of applicable law or applicable court decisions.
You agree not to seek, and you acknowledge and agree that you are not entitled to, rescission of this Agreement or any part of this Agreement or any injunctive or other equitable relief for any reason, including without limitation, an injunction that would restrain the operation of the Service, the exploitation of any advertising or other materials on the Service, the exploitation of the Service or any Content displayed on the Service, and/or the exploitation of any Promotion or other rights granted to Hivemind Market Research (and/or any of its affiliates or partners, including Fuel Cycle) hereunder.
13. Waiver; Remedies
The failure of Hivemind Market Research to partially or fully exercise any rights or the waiver of Hivemind Market Research of any breach of these Terms and Conditions by you shall not prevent a subsequent exercise of such right by Hivemind Market Research or be deemed a waiver by Hivemind Market Research of any subsequent breach by you of the same or any other term of these Terms and Conditions. The rights and remedies of Hivemind Market Research under these Terms and Conditions and any other applicable agreement between you and Hivemind Market Research shall be cumulative, and the exercise of any such right or remedy shall not limit Hivemind Market Research right to exercise any other right or remedy.
14. Termination
These Rules of Participation (as may be revised from time to time) shall remain in full force and effect at all times while you are a community member. You may terminate your membership at any time and for any reason upon your provision of written notification to us. You understand and agree that the termination of your membership is your sole right and remedy with respect to any dissatisfaction you may have with the Service, subject to applicable law and Hivemind Market Research’s Privacy Policy and Fuel Cycle’s privacy policy. Hivemind Market Research may terminate or suspend your membership at any time, for any or no reason, with or without prior notice or explanation, and without liability other than as expressly provided. Even after a membership is terminated, the terms hereof that, by their very nature, are intended to survive termination or expiration, shall so survive.
15. No Ideas Accepted
Hivemind Market Research does not accept any unsolicited ideas from outside the company including without limitation suggestions about advertising, promotion or merchandising of products or services, or changes in methods of doing business. Hivemind Market Research may already be working on or may in the future work on a similar idea. This policy eliminates concerns about ownership of such ideas. If, notwithstanding this policy, you submit an unsolicited idea to this Site, you understand and acknowledge that such idea is not submitted in confidence and Hivemind Market Research assumes no obligation, expressed or implied, by considering it. You further understand that Hivemind Market Research shall exclusively own all known or hereafter existing rights to the idea everywhere in the world, and that such idea is hereby irrevocably assigned to Hivemind Market Research Without limiting the foregoing, to the extent any such assignment is deemed unenforceable, you hereby grant Hivemind Market Research an irrevocable, perpetual, world-wide license to use the idea in any manner, in any medium now known or hereafter developed, without compensation to you.
16. Governing Law
The laws of the State of New Jersey (without regard to its conflicts of law rules) shall govern these Terms and Conditions. YOU HEREBY EXPRESSLY CONSENT TO EXCLUSIVE JURISDICTION AND VENUE IN THE COURTS LOCATED IN THE STATE OF NEW JERSEY FOR ALL MATTERS ARISING IN CONNECTION WITH THESE TERMS AND CONDITIONS AND YOUR ACCESS OR USE OF THE SITE.
SUBJECT TO APPLICABLE LAW, HIVEMIND MARKET RESEARCH AND FUEL CYCLE ARE NOT RESPONSIBLE OR LIABLE FOR ANY MEMBER’S USE, MISUSE OR MISAPPROPRIATION OF ANY MEMBER CONTENT POSTED BY YOU ON THE SERVICE (PUBLIC AREAS), AND HEREBY DISCLAIM ANY WARRANTY (EXPRESS OR IMPLIED) WITH RESPECT THERETO.
17. Independent Contractor
Your participation in a project through Hivemind or any affiliated company does not constitute employment with Hivemind, its affiliates or clients.
Any services performed by you in connection with Hivemind are performed solely as an independent contractor and not as an employee of Hivemind Market Research or our customers.
Your participation in our studies does not create any partnership with Hivemind, its affiliates, or clients and you should not represent yourself as an employee of Hivemind, its affiliates, or clients.
We will not provide you with any company information that goes beyond your participation in our studies.
18. Questions
Should you have any questions regarding these Terms and Conditions you may contact us by email at info@hivemind.zone.
The terms of these Terms and Conditions are effective and were last updated on June 16, 2020.