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Terms of Use

Last Revised: February 15, 2017

Please read these Terms of Use (“Terms”) carefully before using this website. By continuing to use this website you agree to be bound by these Terms, to the greatest extent permitted by law. In addition, if you register to participate in the Technomic Operator Community Panel or any other panel or user forum on our websites (each, a “Panel”), you agree to abide by the Panel Terms set forth below and incorporated herein by reference.

As used herein, “you” and “your” refers to any visitor to Technomic.com, Technomic.net, TechnomicPanel.com, and/or a Technomic conference website that includes a link to the Terms (the “Sites”), including visitors who are our customers or conference attendees, and also including Panel participants. “We” and “our” refers to Technomic, a Winsight affiliate and part of the Winsight family of companies.

Please note that the section titled “Consumer Protection Notice” includes important limitations on the applicability of these Terms of Use, including limitations on the sections titled “Member Information and Content,” “Limitation of Liability,” “Disclaimers,” “Indemnification,” “Class Action Waiver,” and “Violation of Terms.”

Code of Conduct, and Responsibility for Account Credentials

You agree to abide by the Code of Conduct set forth below in connection with any and all use of the Services, including with respect to any communication, content, or other interaction through or with the Sites.

If you register for any account (including any Panel account) in connection with the Services, you acknowledge and agree that you are responsible for the security and confidentiality of your account credentials (including userid and password), and that you are responsible for the activity of anyone using your account credentials on the Sites if such use is with your permission or as a result of your failure properly to secure or maintain the confidentiality of such account credentials. You agree to immediately notify us whenever you believe the security or confidentiality of your account credentials has been compromised.

The Code of Conduct requires that you treat all other visitors with respect, and that you conduct yourself in a manner consistent with the business of a trade and market intelligence community. More specifically, the Code of Conduct requires that you refrain from using the Sites or the Services:

  1. in violation of the lawful terms-of-service of any third-party website;
  2. to impersonate or claim to be any other person;
  3. to “spam” others (where “spam includes sending identical and irrelevant or unsolicited submissions to many different members or visitors, and includes misrepresenting the source of anything you post);
  4. to threaten, harass, stalk, or abuse any other person;
  5. to solicit or promote any goods or services, or solicit any donations;
  6. to engage in any behavior or provide any content constituting or relating to illegal activities or a violation of our or any third party’s rights;
  7. in violation of any copyright, trademark, trade secret, or other intellectual property rights, or any privacy or publicity rights, or others;
  8. to publish, post, or distribute defamatory, infringing, pornographic, obscene, or unlawful content;
  9. to post or promote any materials that you know or should know could harm or disrupt another person's computer, or that you know or should know could permit others to inappropriately access software or websites.

If you participate in any Panels (as addressed further in the Panel Terms below), the applicable Code of Conduct also requires that you refrain from:

  1. attempting to earn or redeem rewards in a fraudulent manner and/or in violation of the applicable guidelines, terms, and rules;
  2. tampering with surveys, polls, or links that we provide;
  3. providing information that you know to be defamatory, false, confidential, improperly obtained, or materially misleading;
  4. recording or storing personal information about another Panel user without such user’s express permission; or
  5. using any other Panel member’s contact details or any information or other content posted by another Panel member for any purpose other than participation in the Panel, unless you first obtain that Panel member’s express consent.

We retain the right to moderate use of Panels or other components of the Sites, but we do not warrant or represent that we will do so. To report abuse by another visitor, or to contact us concerning any action taken with respect to your use of the Sites, please email us at inquire@winsightmedia.com.

Propriety Rights to Content You Post

You hereby grant such rights and permissions as necessary for us to use as contemplated herein, any content you upload, post, or otherwise submit to a Panel, blog or other component of the Sites, including the right to edit, copy, transmit, publish, display, modify, distribute, create derivative works from and develop such content and to transfer such content to third parties. You have sole responsibility and liability for all content you upload, post, or otherwise submit to a Panel, blog, or other component of the Sites (including our discussion boards and in any survey in which you participate) including the obligation to obtain in advance any necessary approvals and authorizations required to post such content.

Copyrights and Trademarks

All content contained on the Sites is owned or licensed by us or our affiliates and is protected by United States and international copyright laws. All Technomic, Winsight, and other branding associated with the Sites and the Services are trademarks and services marks of us and our affiliates. All rights not expressly granted are reserved.

DMCA Notice and Procedure for Copyright Infringement Claims

If you are a copyright owner, or authorized on behalf of one, and you believe that your copyrighted work (or one for which you are an authorized agent) has been posted on the Sites in a way that constitutes copyright infringement, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):

  1. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright's interest;
  2. a description of the copyrighted work that you claim has been infringed, including the URL (i.e., web page address) or other description of the location where the copyrighted work exists;
  3. your address, telephone number, and email address;
  4. a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
  5. a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

Note that the DMCA provides that you may be held accountable for any misrepresentations or bad-faith copyright claims that you submit.

Our Copyright Agent and contact information is:

Copyright Agent
inquire@winsightmedia.com
312-876-0004
Technomic, A Winsight Company
300 S. Riverside Plaza, Suite 1600
Chicago, IL 60606

Links

The Sites may provide links to third-party content and third-party websites that are not operated by us or our affiliates. We do not endorse, sponsor, or accept any responsibility for such material or websites.

Limitation of Liability

To the fullest extent permitted by law, in no event will we or our affiliates, or any of our or our affiliates’ officers, directors, employees, or representatives, be liable to you for any consequential, special, indirect, incidental, punitive, or exemplary damages (including damages for loss of profits, business interruption, loss of data or business information, and the like) arising out of the use of or inability to use the Sites or the Services, including any content posted on the Sites.

Regardless of the theory of liability or the basis for damages, neither we nor our affiliates will be liable to you under these Terms in an amount that exceeds one hundred U.S. dollars.

Please note that the section titled “Consumer Protection Notice” includes important limitations on the applicability of this section.

Disclaimers

ALTHOUGH WE USE COMMERCIALLY REASONABLE EFFORTS TO ENSURE THAT THE INFORMATION PROVIDED BY US ON THE SITES OR IN CONNECTION WITH THE SERVICES IS REASONABLY ACCURATE, TO THE FULLEST EXTENT PERMITTED BY LAW, WE EXPRESSLY DISCLAIM ANY WARRANTY, EXPRESS OR IMPLIED, FOR THE PROVISION OF THE SITES OR THE SERVICES PURSUANT TO THESE TERMS, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

Please note that the section titled “Consumer Protection Notice” includes important limitations on the applicability of this section.

Violation of Terms

To the fullest extent permissible by law, failure to comply with these Terms including the Code of Conduct may result in immediate termination of your account and/or your right and ability to use the Sites or the Services, and you may be legally responsible for damages resulting from such non-compliance.

In addition, to the fullest extent permitted by law, failure to comply with the Panel Terms (below) or any other component of these Terms may result in immediate forfeiture of any accumulated reward points and termination of Panel membership. Moreover, to the fullest extent permissible by law, we shall be the sole determiner of responsibility in cases of suspected abuse, fraud, or violation of rules in connection with your membership in any Panel.

Please note that the section titled “Consumer Protection Notice” includes important limitations on the applicability of this section.

Indemnification

You understand and agree that you are, to the fullest extent permitted by law, responsible for your use of the Sites and the Services. You agree, to the fullest extent permitted by law, to indemnify, defend and hold harmless us, our affiliates, and any of our or our affiliates’ officers, directors, employees, or representatives from and against all claims, losses, expenses, damages and costs (including, but not limited to, direct, incidental, consequential, exemplary, and indirect damages), and reasonable attorneys’ fees, resulting from or arising out of (i) misuse of the Sites or the Services by you or anyone using your account credentials with your permission, (ii) any use of the Sites or the Services in violation of these Terms by you or a person using your account credentials with your permission, or (iii) any use of the Sites or the Services by a person using your account credentials if such use is a result of your failure properly to secure or maintain the confidentiality of your account credentials.

Please note that the section titled “Consumer Protection Notice” includes important limitations on the applicability of this section.

Applicable Law, and Contractual Limit on Time to Assert Claims

These Terms shall be governed by the laws of the state of Illinois, without regard to its rules regarding conflict of laws.

No claim under these Terms may be asserted more than one (1) year after the date on which such claim accrues.

Class Action Waiver

Neither you nor we shall be entitled to join or consolidate claims under or relating to these Terms by or against other individuals or entities, or litigate or pursue any claim as a representative member of a class or in a private attorney general capacity. THIS MEANS THAT YOU WAIVE YOUR RIGHT TO INITIATE OR PARTICIPATE IN ANY CLASS OR CONSOLIDATED ACTION WHATSOEVER. A court may sever any portion of this dispute resolution provision if it finds such unenforceable.

Please note that the section titled “Consumer Protection Notice” includes important limitations on the applicability of this section.

Consumer Protection Notice

Please note that, if you are a consumer, the limitations in these Terms are intended to be only as broad and inclusive as is permitted by the laws of your state of residence. If you are a New Jersey consumer, the terms of the sections titled “Member Information and Content,” “Limitation of Liability,” “Disclaimers,” “Indemnification,” “Class Action Waiver,” and “Violation of Terms” do not limit or waive your rights under New Jersey law and the limitations in these Terms are intended to be only as broad and inclusive as is permitted by the laws of the State of New Jersey.

Subject to the foregoing, we reserve all rights, defenses and permissible limitations under the laws of the State of New Jersey and under the laws of your state of residence.

Updates to these Terms

We may update these Terms from time to time. Although we will generally post notice on the Sites of any material changes to the Terms, you should review the currently applicable version of these Terms (and the “last revised” date set forth above) from time to time before using the Sites. Notwithstanding the foregoing, if you have specifically signed a version of these Terms (by “clicking” a button or otherwise) in connection with a specific Service or set of Services, the version of the Terms signed by you will apply to that specific Service or set of Services notwithstanding any subsequent updates to the Terms, although we always reserve the right to require that you agree to and sign an updated version of the Terms a condition of continued use of any specific Service or set of Services.

Contact Us

Should you have any questions or concerns regarding these terms of use polices, please call us at 312-876-0004 or send us an email at inquire@winsightmedia.com.

Technomic Inc.
300 South Riverside Plaza
Suite 1600
Chicago, IL 60606
Phone: 312-876-0004

Panel Terms

These Panel Terms include the above generally applicable Terms of Use, which are incorporated herein by reference.

Membership in our Panels, including the Operator Community Panel, is available to individuals who qualify based on our review of information submitted by such individuals or obtained from other sources. In some cases, we invite specific individuals to be considered for membership in Panels. If you would like to be considered for membership and have not received an invitation, please submit your request to panelinfo@technomic.com.

All Panel membership decisions, including the duration of any individual’s membership, are made in our sole discretion.

You may terminate your membership (and your right to use accumulated points or to redeem such points for rewards) at any time by using a link available on the Panel website.

Member Information and Content

You agree to provide accurate profile information (e.g., name, business, title, email address, and other contact information) in registering for a Panel membership, and to thereafter maintain that information as accurate and current. You must ensure that you have obtained your employer’s permission to participate in the Panel and to provide your work-related contact information to us, and you warrant and represent that you have done so.

You also agree to refrain from providing any information that you know or should know is false, defamatory, or materially misleading in connection with Panel activity such as responding to surveys or posting on discussion boards. Failure to do so may result in termination of your membership account and the associated forfeiture of any used reward points, and could give rise to other rights and remedies.

You understand and agree that your username and basic profile information, along with the content you post, may be viewed by other Panel members in connection with your posts on any Panel discussion board or other section of a Panel that permits member participation. Even though the Code of Conduct prohibits use of such information other than for Panel purposes by another Panel member without your advance consent, you agree that we are not responsible for any misuse of such information by other Panel members.

Please note that the section titled “Consumer Protection Notice” includes important limitations on the applicability of this section.

Confidential Survey Information

We may disclose confidential and/or proprietary information and materials to you as part of surveys (“Confidential Survey Information”), but we will inform you in advance when a given survey will include Confidential Survey Information (so that you may decline to participate if you do not wish to agree to maintain the confidentiality of such information and materials as set forth herein). Confidential Survey Information shall remain the sole and exclusive property of us or the third party that provided the information to us for use in the survey. Confidential Survey Information may relate to new product ideas or concepts, packaging concepts, equipment, advertising, and the text, visual images and sounds related thereto. You agree to maintain the Confidential Survey Information in strict confidence, and to refrain from (i) making any copies of that information or (ii) using that information for any purposes other than in connection with your participation in the survey. The preceding sentence shall not apply to any Confidential Survey Information that is publicly available or that you already have or subsequently obtain in a lawful manner independent of your participation in the survey. Failure to comply with the confidentiality obligations set forth herein may result in termination of your membership account and the associated forfeiture of any used reward points, and could give rise to other rights and remedies.

Points

As a Panel member, you agree to receive email containing opportunities to participate in Panel surveys and other market research activities in exchange for various incentives. Although we typically provide multiple opportunities per month to participate in surveys, we do not guarantee that you will receive any particular type or number of such opportunities.

Panels typically will offer incentives in the form of points which are credited to your account. Points are redeemable for prizes such as gift certificates and Technomic’s industry newsletters and reports. You can redeem your available points at any time by logging in and navigating to the “Redeem” tab. Note, however, that you must be a current member in good standing in order to earn or redeem points. Also, all rewards are subject to availability.

Points will be credited to your account for your participation in a variety of Panel activities such as registration, completion of profile surveys, completion of qualitative or quantitative market research activities, and referring a new Panel member. Points awarded vary by the type of activity. In many cases, points are applied within a few business days; for some activities, however, points are applied after the activity has closed. Our current schedule of points rewards (which may be updated from time to time) is as follows:

  1. Registration: Earn 5 points when you become a new member.
  2. Profile survey completion: Earn 10 points when you complete the new member profile survey.
  3. Market research survey completion: Earn a certain number of points for each survey for which you qualify that you complete. Number of points varies by survey.
  4. Refer a new member: 10 points for referring a new, eligible member who completes registration and is approved as a Panel member.

You may check the current points balance and recent activity by logging in and navigating to the “Redeem” tab. Although we take commercially appropriate measures to credit you with points when earned, it is your responsibility to verify that your points have been credited properly. If you feel that the amount of points credited to your account is incorrect, you must contact us by emailing PanelInfo@Technomic.com within sixty days of the alleged error and explain the basis of your dispute, including or attaching any relevant information. We will investigate your dispute and notify you of our decision within thirty days. To the extent permissible by law, our decision will be final.

If you redeem points for Amazon gift certificates, a gift certificate code will be sent to the email address you used to register. To use the gift certificate, follow these steps:

  1. Visit http://www.amazon.com
  2. Add items to your Amazon Shopping Cart and click the “Proceed to Checkout” button. Note that you cannot redeem the gift certificate using Amazon’s 1-Click® service.
  3. When prompted to select a payment method, enter your gift certificate claim code in the field provided on the order form.
  4. You must, of course, pay for any remaining balance on your order with a credit card.

If you redeem points for one or more of Technomic’s industry newsletters and reports, a link to download the selected material(s) will be sent to the email address in your member profile.

Points have no cash value, and may not be assigned, transferred, or pledged to any third party.

Expiration or Forfeiture of Points

As a general rule, points do not have an expiration date. However, points will be forfeited (i) whenever you membership is canceled, for whatever reason (including violation of our Code of Conduct) or (ii) if your account ceases to be “active”. To maintain “active” status requires that you have participated in a survey or other market research opportunity offered in exchange for points within a twelve month period. It is your responsibility to ensure that you are maintaining “active” status, as we do not guarantee that we will notify you before your account becomes inactive and you forfeit all unused and otherwise available points.

Changes to Panel Terms

We may amend these Panel Terms (including the schedule of point redemption amounts for various rewards) from time to time, and this could impact your ability to use points you have accumulated. Although we may notify you of any material changes, we will not be responsible if you do not learn of those changes. The Panel Terms in effect at any given time will govern the earning, redemption, forfeiture, or expiration of points at that time.

Updating Personal & Other Information

It is important for our market research purposes that industry-relevant information concerning our Panel members is accurate and current. Accordingly, from time to time (generally 2-3 times per year), we will send a profile survey to our Panel members, requesting that they review and update their profile information as necessary. As a condition of membership, you agree to update your Panel profile as requested in connection with such profile surveys.