This Terms and Conditions Agreement ("Agreement") constitutes a valid, binding contract between you (“You”/”Your”) and exëvo India (along its affiliates, licensors, and suppliers, and their respective members, directors, officers, agents, and employees; together “exëvo”), the owner and operator of http://www.exevo.com/, with respect to your membership and participation with exëvo’s Panel program (“Services”) and your access to its website and computer network and systems, as you have actually signed it. The Services of exëvo are provided subject to Your compliance with the terms of this Agreement. Your use of this Site signifies and constitutes your acceptance of this Agreement, which may be amended/updated from time to time without notice to You. You can review the most current version of the terms on the Site at any time. In addition, when accessing or using particular exëvo website or services, owned or operated by exëvo, You and exëvo shall be subject to any additional terms and conditions, guidelines applicable to such services, which may be posted from time to time.
Please read this Agreement carefully. If you do not agree to any provisions of this Agreement, You should not access or use the Services.
The Services are limited to individuals only. Corporations and other business entities are not eligible to become members. The Services are limited to one (01) account per individual, even if the individual has multiple e-mail addresses.
In case You are participating in the Services on behalf of your company, You acknowledge and undertake that You are authorized to share and disclose information about the company and shall at all times be responsible and liable for any claims that your Company may bring against exëvo due to any such disclosure made by you.
Panel members can only join the panel once. Your membership to the Services is free and is personal to You and is non- transferable. In consideration of Your membership, you represent that You are of a legal age of 18 years to form a binding contract and not a person barred from receiving services under the applicable jurisdiction. In order to participate in the Services, you should be a registered panelist in good standing with exëvo with accurate, complete and updated information. You shall maintain and promptly update the information You provide during the registration, and any other information that You provide to exëvo, so as to keep it accurate, current and complete.
Registration requires You to provide exëvo with Your personal and demographic information.
exëvo reserves the right to refuse Your membership application, or right to suspend/terminate your account and refuse any all current or future participation (or any part thereof), if You:
exëvo offers You the ability to participate in the Services and Your participation is solely at Your discretion. By participating in the Services, You will earn rewards and incentives as per the rewards and incentives policy. You agree to participate in good faith and to the best of your ability in any of the surveys in which you participate in connection with the Services. You acknowledge and agree that exëvo shall have the right to contact You telephonically for any queries, clarification or follow- up related to Your participation in the surveys. You will not provide false or misleading data, including without limitation, survey responses that are inconsistent with prior responses ,statistically improbable ,outliers, non- sensical and/or unacceptable by market research standards.
You hereby expressly agree that exëvo will not be in any way be responsible and assumes no liability, obligation, or responsibility for the maintenance of privacy of any personally identifiable information that You may voluntarily share (other than the information provided by You at the time of registration) in the course of answering a survey. You agree to be subject to any additional terms and conditions that may apply to You when You obtain or use any third-party content, software, goods and services provided by or through exëvo or its clients.
exëvo shall issue a user name and password for maintaining Your account. Such username and password should not be shared with any third parties. You are solely responsible for the security and confidentiality of Your user name and password. For security purposes, You are advised to memorize, and not to write down Your password. exëvo strongly recommends against using Your social security number, financial account number, or any other identification or account number, as a user name or password.
You are solely responsible for all usage and activity on Your account, including all costs associated therewith, whether or not the usage is authorized by You or as a result of You authorizing a third party to use Your username and password. You agree to (a) immediately notify exëvo of any unauthorized use of your password or account or any other breach of security, and (b) ensure that You properly log out from Your account at the end of each session. exëvo cannot and will not be liable for any loss or damage arising from Your failure to comply with this section.
exëvo will not and cannot be held liable for any transactions made from Your account by another individual who uses Your user name and password, or for any loss or damage arising from Your failure to adequately safeguard Your e-mail address and/or password, provided that such results are not attributable to exëvo’s failure fraud or gross negligence.
You agree to abide by all applicable laws and regulations with respect to Your account and abide by any instructions sent to You under Member's password and e-mail address.
All the surveys, information and content made available to You by exëvo, may contain trade secrets and information which is confidential and proprietary in nature, of either exëvo or of its client. The confidential information may include, but is not limited to, new product ideas or concepts, advertising, text, visual images, and sounds related thereto ("confidential information"). You must hold in strict confidence and not disclose to any other person any information and content that You access or learn in connection with Your participation in any survey, project, questionnaire, or other market research activity related to the Services. You agree that if you access confidential information You will not copy, print, store, forward, or otherwise collect the confidential information, and will not disclose the confidential information to anyone (unless as directed by the owner of the confidential information), and will not use the confidential information except for the express purpose for which it was disclosed to You. You hereby agree to notify exëvo immediately if You learn of or suspect any use or disclosure of, or access to, any such information or content other than as specifically authorized in this Agreement.
You agree that any confidential information that You access shall remain exëvo’s property in right and title at all times. Your violation of the provisions of this section will be a breach of this Agreement and shall result in the termination of Your account and the forfeiture of all incentives and prizes, and may also be a breach of civil and criminal laws. exëvo and/or its clients reserve the right to enforce any such laws against You.
When You register with exëvo or visit exëvo’s website or send mails to us, You are communicating with us electronically and in a similar fashion, we will communicate with You by e-mails or by posting notices on the website. For all contractual purposes, You agree to receive all communication from us electronically and agree that all such electronic communication shall have the same force and satisfy all legal requirements as if all such communication, disclosure, notices are in writing.
Any information, communication(s), or material(s) that You submit or transmit to exëvo by electronic mail or otherwise, including any data, questions, comments, panel responses, suggestions or similar information or material, 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).
You acknowledge and agree that exëvo is free to use (or not use) any and all ideas, concepts, know-how, tools, methods, procedures, techniques and/or any similar information and/or materials, submitted, communicated or transmitted to exëvo by You, in connection with Your use of a Website, for any purpose(s), without compensation due and owing to You and without any notice to or consent from You.
You understand that all information, data, text, or other materials ("Content"), are Your sole responsibility of You being the originator of the Content. Without liability of any kind whatsoever, under any circumstances, You explicitly agree to be entirely responsible for all the Content that You transmit or otherwise make available including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, e-mailed, transmitted or otherwise as a result of Your participation. exëvo shall have the exclusive right (but not the obligation) in their sole discretion to pre-screen, refuse, delete or move any Content that violates the terms of this Agreement or is otherwise objectionable.
You acknowledge, consent and agree that exëvo may access, preserve and disclose Your account information and Content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) enforce this Agreement and comply with legal process; or (b) respond to Your requests for customer service; or (c) respond to claims that any Content violates the rights of third parties; or
(d) Protect exëvo’s rights, reputation and property for those viewing and accessing this website.
You expressly grant exëvo a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display the Content throughout the world in any media, without acknowledgement or compensation to You.
exëvo reserves the right, in its sole discretion, to revoke any and all points awarded to You or credited to Your account in case You/Your:
(a) Provide false or incomplete information during the registration process;
(b) Register through unauthorized means or misappropriate another member’s registration number;
(c) Accumulated points due to fraud, mistake or misuse;
(d) Provide answers which are false, incomplete , outliers, non- sensical and/or unacceptable by market research standards , to survey questions or commits acts that are likely to cause serious impediment in the quality of a survey;
(e) Account has been inactive (if You have not participated in a survey or accrued or redeemed points in any twelve-month period);
(f) Engage in any act(s) that constitutes a violation of any law, statute or regulation relating to Your participation; or
(g) Violate the terms and conditions of this Agreement;
You agree to not use your Participation or access to exëvo’s website to:
(a) Intentionally or unintentionally violate any applicable laws;
(b) You are prohibited from intentionally or willfully impersonating any person or entity and submitting falsified data and from committing any other fraudulent act(s) in connection with use of the panel or survey system;
(c) Posting any content that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, false, inaccurate, misleading, fraudulent, or misrepresents an affiliation with any person or entity;
(d) Infringe any patent, trademark, trade secret, copyright, or other intellectual or proprietary right of any person or entity;
(e) Use spiders, robots or other automated data mining techniques to catalog, download, store or otherwise reproduce or distribute content available on the website or to manipulate the results of any panel, poll, survey or prize draws on website;
(f) Send unsolicited e-mails, including promotions and/or advertising of products or services, through the website or misrepresent your true identity in any e-mail or posting;
(g) Framing portions of a website within another website or altering the appearance of a website or enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of exëvo without its prior express written consent;
(h) Establishing links from the website to any page of a website without the prior express written permission of exëvo, and in no event shall link to any page other than the home page established;
(i) Upload, post, e-mail, transmit or otherwise make available any Content, proprietary and confidential information that you do not have a right to make available under any law or under the contractual obligations under this Agreement; or
(j) upload, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
(k) forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through participation;
(l) Collect or store data about individuals that contains any private/personal information of any person or entity, including, without limitation, addresses, phone numbers, e-mail addresses, social security numbers, and credit card numbers;
(m) upload, transmit or otherwise make available any material that contains software viruses or any other computer code, worms, trojan horses, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
(n) Attempt to gain unauthorized access to the website, or to other accounts, computer systems, or networks connected to the website;
(o) Resell, barter, trade, auction or otherwise generate income by providing access to the panel to others;
(p) interfere with or disrupt participation by others member or servers or networks connected to exëvo, or disobey any requirements, procedures, policies or regulations of networks connected to exëvo;
(q) Engage in the practice of “screen scraping,” “database scraping,” or any other practice or activity the purpose of which is to obtain lists of users, portions of a database, or other lists or information from the website, or compile directly or indirectly, in whole or in part, a collection, compilation, database or directory in any manner not authorized by exëvo;
(r) Use any device, software or routine to bypass any code which may be included to prevent you from breaching the obligations of this section or to interfere or attempt to interfere with the proper working of the website.
(s) In the sole judgment of exëvo, is objectionable, does not reflect your good faith efforts to be responsive to survey or market research questions, or which may expose exëvo to liability of any type;
(t) Circumvent, reverse engineer, decrypt, or otherwise alter any Content.
(u) Encourage and/or advising any individual, to commit any act(s) prohibited under this section.
Any violation of any of the terms of this Agreement shall lead to You being immediately and permanently disqualified, with notification of Your internet service provider if required by exëvo and that exëvo shall fully cooperate with any law enforcement authorities or court order, within the limits of all applicable laws, requesting or directing exëvo 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.
exëvo reserves the right, in its sole discretion, including, without limitation to update, revise, supplement, modify, or amend this Agreement, any part of, the rules of participation, termination of your participation, the incentive / prize program, discontinuation of the incentive / prize program and the threshold for redemption of incentives and prizes at any time.
Any updates, revisions, supplements, modifications or amendments shall be effective immediately upon its posting on the website, and will only be applicable to disputes arising, or arising out of events occurring, after such posting has been made. You agree that you will continue to be bound by this Agreement, however and whenever it is updated, revised, supplemented, modified, or amended, if You continue to use the website after the updates, revisions, supplements, modifications, or amendments have been posted.
To the extent permitted by applicable laws:
(a) Your use of the site is at your sole risk including, without limitation, Your use of any Content. The Site is provided on an “as is” and “as available” basis. exëvo expressly disclaims all warranties of any kind, whether express or implied or statutory, including, but not limited to the implied warranties of fitness for a particular purpose, merchantability, non-infringement, quality, performance, non-interference with information, uninterrupted use, operation, or availability of the Services or any content and accuracy of informational content. There is no warranty that information provided hereunderor the Site will fulfill any of your particular purposes.
(b) exëvo does not warrant, that any submission or transaction request You attempt using the Services will be successful, uncorrupted, or completed within a reasonable amount of time.
(c) exëvo shall not be responsible for any delay or loss of any kind that results from Your access to, or use of, the services, information and the content.
(d) exëvo assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, the site or any user communications.
(e) exëvo is not responsible for any incorrect or inaccurate content posted on the Site, whether caused by users of the Site or by any of the equipment or programming associated with or utilized in the Site, 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 server(s) that support the website and make the Site available are free of viruses or other harmful components.
(f) exëvo makes no warranty that:
(i) Your use of the Site will be uninterrupted, timely, secure, or error-free,
(ii) The results that may be obtained from the use of the Site will be accurate or reliable, or
(iii) The quality of any products, services, information, or other material obtained by you through the Site will meet your expectations.
(g) Any material downloaded or otherwise obtained through the use of the Site 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.
(h) exëvo does not warrant that the incentive / reward program will remain operational, and we disclaim any liability for any losses You experience because the incentive / reward program is not operational or accessible by You.
(i) exëvo cannot and shall not be liable or responsible for any guarantees, warranties and representations, if any, of the manufacturers of merchandise or suppliers of Services. No advice or information, whether oral or written, obtained by You from exëvo or any other provider through or from the Services, will create any warranty regarding the Services that is not expressly stated in this Agreement.
Except to the extent prohibited by applicable laws, You acknowledge and agree that in no event will exëvo be liable, or otherwise responsible, to You for any injury, loss, claim, damage, or any indirect, incidental, special, consequential and/or punitive damages including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses whether based in contract, tort, strict liability or otherwise (regardless of whether exëvo is informed of the possibility the same may exist), arising out of, resulting from, in connection with, or caused by, whether directly or indirectly,
(a) Your panel membership with exëvo; or
(b) Your reliance on, or use of, any information, goods, services and/or merchandise provided by, on, or through any website(s); or
(c) Your reliance on any statement, conduct or representations made by third party sites in relation to the information provided in this Site; or
(d) Any use or misuse of the program or any failure or delay by exëvo, its officers, directors, agents or employees in connection with the program (including without limitation the use of or inability to use any component of the program) due to infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes beyond the reasonable control of exëvo; or
(e) The performance or non performance by exëvo, its officers, directors, agents or employees (including but not limited to any failure, delay or error in crediting points to the member account) ; or
(f) The accuracy of material contained or any infringement of third-party intellectual property rights or any fraud or other crime facilitated by or arising from the electronic mail, Internet, or other communications.
(g) The use or the inability to use the Site; or
(h) Unauthorized access to or alteration of your transmissions or data; or
(i) Loss or misdirected registration forms or survey submissions whether due to technical or computer malfunctions or otherwise; or
(j) Any hacking attempt that may lead to the data being compromised; or
(k) The fact that You have relied on information from this Site; or
(l) The cost of procurement of substitute goods or services; or
(m) Any transaction entered into or through the Site; or
(n) Any claim attributable to errors, omissions or other inaccuracies in Services and/or materials or information retrieved through the Services; or
(o) Any modification, suspension or discontinuance of any part or all of the Services, including changes or discontinuances of service, which may affect the amount of the incentives or rewards; or
(p) Any other matter relating to the Site.
Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, so the above limitation may not apply to You. Each provision of this Agreement that provides for a limitation of liability, disclaimer of warranties, or exclusion of damages is to allocate the risks under this Agreement between You and exëvo. Each of these provisions is severable and independent of all other provisions of this Agreement. The limitations in this section will apply even if any limited remedy fails of its essential purpose.
You agree to indemnify, defend and hold harmless exëvo 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, (a) Your negligent or willful breach or violation of the terms and conditions of this Agreement and/or (b) Your breach or violation of applicable international, national, Federal, state and/or local laws, codes, regulations, rules and/or requirements and/or (c) any content or material that You submit, transmit or otherwise make available through Your participation and/or, (d) Your violation of any rights of a third party.
You agree that exëvo has the unlimited right to defend any claim(s) and to settle any claims without Your prior permission. You agree to provide exëvo with all reasonable assistance in the defense of any claim(s).
exëvo reserves the right, without notice and future liabilities of any nature whatsoever, in its sole discretion and at any time, to terminate and discontinue Your membership, right to participate and access the account given to You and the right to participate in the surveys for, including, without limitation (a) actual breach of the terms or where exëvo has reasons to believe that You have violated or acted inconsistently with the terms of this Agreement and the documents incorporated herein, (b) failure to provide accurate registration data, (c) requests by law enforcement or other government agencies, (d) Your misuse of Your membership for any improper purpose, (e) inactivity (f) material modification and/or discontinuance of exëvo's right to process and use information necessary to carry out the panel services by law or otherwise, (g) failure to provide accurate or truthful survey responses (f) unexpected technical or security issues or problems, and/or (g) Your participation in any fraudulent or illegal activities.
The termination of this Agreement shall lead to (a) Denial of access to Your account and deletion of Your password and all related information, files and Content associated with Your account (or any part thereof), (b) disqualification from further participation, and (c) cancellation of all of Your entries into members benefits, prize draws, promotions, or other programs, and (d) Denial of access to the reward and incentive program, and (e) without redemption and forfeiture of all the accumulated rewards and incentives.
By becoming a member, You agree to receive e-mail newsletters to make You aware of new features or contests running and e-mails inviting You to participate in surveys that exëvo conducts and believes may match Your experience and background. Participation in any survey(s) is strictly voluntary. You may opt-out from any further communications, at any time, by (a) following the unsubscribe procedures described on the appropriate website for your panel membership or contained in any survey e-mail invitation, web intercepts or any other manner or method of invitation sent to You to participate in certain studies or surveys; or (b) by contacting us directly.
You and exëvo are independent contractors for all purposes. No agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship is intended or created by this Agreement or by Your access to or use of the Services/Site.
exëvo’s website, system and Your participation may provide links to websites maintained by a third party or parties. All information provided or supplied by a third party or parties in connection with the Site are for informational purposes only and do no necessarily reflect or express the views and opinions of exëvo and/or any of its respective employees and/or agents.
The inclusion of links to third Party websites and/or information neither makes exëvo responsible and liable for the availability, content, advertising, products, information, software , links or other materials available on such sites nor constitutes an endorsement of such third party websites and/or information . exëvo does not, and will not, independently verify the business and/or privacy practices of such third party websites and/or information.
You further acknowledge and agree that exëvo shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.
The Site is protected by applicable copyright, trademark and other intellectual property rights laws and You agree that the title, ownership rights, and other intellectual property and proprietary rights in the website shall remain with exëvo. If You comply with all the terms and conditions of this Agreement, exëvo grants you a limited, revocable, non-transferable, and non-exclusive license to access and use the Services, solely for Your personal, non-commercial purposes. You are hereby expressly prohibited from modifying, copying, reproducing, creating derivative works of, republishing, displaying, uploading, posting, transmitting or distributing, in any way, the Content available on the Site, without the prior express written consent of exëvo, which may be granted or withheld in the sole discretion of exëvo. Except for those rights expressly granted in this Agreement, no other rights are granted, either express or implied, to You under this Agreement. Unless explicitly stated in this Agreement, nothing in this Agreement will be construed as conferring any license to intellectual property rights and can be revoked at any time.
exëvo’s logos, trademarks, service marks, labels, product names, service names, information, content, designs, text, graphics, information, data, software, other files, the selection and arrangement thereof are owned or licensed by exëvo. You agree not to copy, imitate, display or otherwise use, in whole or in part, any of the marks without the prior written permission of exëvo.
You acknowledge and agree that Your membership, the surveys and any necessary software used in connection with Your participation or embedded into the software contains proprietary and confidential information that is protected by applicable intellectual property and other laws. You agree not to copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, rent, lease, loan, sublicense, grant a security interest in, or otherwise transfer any right in any such software, in whole or in part.
You agree not to modify the software in any manner or form, nor to use modified versions of the software, including (without limitation) for the purpose of obtaining unauthorized access to participation.
Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by exëvo.
You acknowledge and agree that You will comply with all applicable laws, statutes, ordinances and regulations regarding including but not limited to the use, access, transmission of the information and Content on the Site.
(a) Your correspondence or participation in promotions of, advertisers found on or through the panel under the rewards and incentives program, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between You and such advertiser. exëvo shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the exëvo’s Panel or in any communication from exëvo.
(b) 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.
(c) exëvo’s failure 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 exëvo from enforcing any subsequent breach by You of these terms and conditions.
(d) 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.
(e) Notwithstanding any statute or law to the contrary, any claim or cause of action arising out of or related to the use of this Agreement or the services must be filed within one (1) year after the claim or cause of action arose or be forever barred.
(f) Neither the course of conduct between the parties nor trade practice shall act to modify any provision of this Agreement.
(g) exëvo may assign its rights and delegate its duties under this Agreement to any party at any time without notice to You.
(h) You shall not be entitled to join or consolidate claims in arbitration by or against other members with respect to other accounts, bring mass or consolidated claims in arbitration, or arbitrate any claim as a representative or member of a class.
(i) All notices to be sent or provided to exëvo should be correctly addressed to the applicable e-mail or business address stated in the Agreement.
(j) exëvo shall have the exclusive and unconditional right to assign this Agreement to any party at anytime.
(k) These terms and conditions shall be governed by and construed in accordance with the laws of India. The Courts of Delhi shall have the exclusive jurisdiction to try any disputes related to or arising out of this Agreement.
(l) These terms and conditions and any policy or policies referenced or incorporated into these terms and conditions, represents the entire understanding and agreement between exëvo and You with respect to the subject matter hereof.
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