THIS IS A LEGAL DOCUMENT. BY CLICKING THE “I ACCEPT” BUTTON DISPLAYED AS PART OF THIS REGISTRATION PROCESS, YOU AGREE TO THE FOLLOWING TERMS AND CONDITIONS (THE “TERMS”) GOVERNING YOUR USE OF IPERCEPTIONS’ 4Q ONLINE SERVICE, INCLUDING ANY OFFLINE COMPONENTS (COLLECTIVELY, THE “SERVICE”). IF YOU ARE ENTERING INTO THESE TERMS ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY, YOU REPRESENT THAT YOU HAVE THE AUTHORITY TO BIND SUCH ENTITY TO THESE TERMS AND CONDITIONS, IN WHICH CASE THE TERMS “YOU” OR “YOUR” SHALL REFER TO SUCH ENTITY. IF YOU DO NOT HAVE SUCH AUTHORITY, OR IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS, YOU MUST NOT SELECT THE “I AGREE” BUTTON AND MAY NOT USE THE SERVICE.
For reference, a Definitions section is included at the end of this Agreement.
Right to Use
Your right to use the Service is subject to any limitations, conditions and restrictions contained in these Terms. We may alter, suspend or discontinue any aspect of the Service at any time, including the availability of any Service feature, database or content. You will use the Service solely in compliance with these Terms and with applicable law.
iPerceptions hereby grants you a non-exclusive, non-transferable, worldwide right to use the Service, solely for your own internal business purposes, subject to the terms and conditions of these Terms. All rights not expressly granted to you are reserved by iPerceptions and its licensors.
You may use the Service only for your internal business purposes and shall not: (i) send spam or otherwise duplicative or unsolicited messages in violation of applicable laws; (ii) send or store infringing, obscene, threatening, libelous, or otherwise unlawful or tortuous material, including material harmful to children or violative of third party privacy rights; (iii) send or store material containing software viruses, worms, Trojan horses or other harmful computer code, files, scripts, agents or programs; (iv) interfere with or disrupt the integrity or performance of the Service or the data contained therein; or (v) attempt to gain unauthorized access to the Service or its related systems or networks.
You shall not (i) license, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the Service or the Content in any way; (ii) modify or make derivative works based upon the Service or the Content; (iii) create Internet “links” to the Service or “frame” or “mirror” any portion of the Service or Content on any other server or wireless or Internet-based device; or (iv) reverse engineer or access the Service in order to (a) build a competitive product or service, (b) build a product using similar ideas, features, functions or graphics of the Service, or (c) copy any ideas, features, functions or graphics of the Service. Your license cannot be shared or used by another user.
You may not access the Service if you are a direct competitor of iPerceptions, except with iPerceptions’ prior written consent. In addition, you may not access the Service for purposes of monitoring its availability, performance or functionality, or for any other benchmarking or competitive purposes.
You are responsible for all activity occurring under your Account and shall abide by all applicable local, state, national and foreign laws, treaties and regulations in connection with your use of the Service, including those related to data privacy, international communications and the transmission of technical or personal data. You shall: (i) notify iPerceptions immediately of any unauthorized use of any password or Account or any other known or suspected breach of security; (ii) report to iPerceptions immediately and use reasonable efforts to stop immediately any copying or distribution of Data that is known or suspected by you or your Users; and (iii) not impersonate another iPerceptions user or provide false identity information to gain access to or use the Service.
Collection and Use of Personal Information
iPerceptions alone (and its licensors, where applicable) shall own all right, title and interest, including all related Intellectual Property Rights, in and to the Service and the underlying infrastructure, software and technology and any suggestions, ideas, enhancement requests, feedback, recommendations or other information provided by you or any other party relating to the Service. These Terms do not operate a sale and do not convey to you any rights of ownership in or related to the Service or the Intellectual Property Rights owned by iPerceptions. The iPerceptions name, “4Q”, the iPerceptions and “4Q” logos, and any other product names associated with the Service are trademarks of iPerceptions or third parties, and no right or license is granted to use them.
You remain the sole proprietor of and are solely responsible for Data collected from studies completed through the Service that are deployed and running on your Site. However, you hereby irrevocably authorize iPerceptions to retain and use, aggregate and/or publish Data in a non personally-identifiable manner. Further, you authorize iPerceptions to disclose raw and unmodified Data to third parties in the following manner: (i) to agents and licensors of iPerceptions or its affiliates, such as independent auditors, consultants or attorneys; (ii) to comply with government agency or court orders or requests, or (iii) where otherwise authorized by you.
You agree to include the prominent notice “Source: 4Q or iPerceptions” on any Data derived from your use of the Service that you post, transmit, disseminate or redistribute on any manner whatsoever, along with a functioning link to the Site.
By signing up for the Service, you agree to receive communication from iPerceptions (e.g., e-mail newsletters, new or updated services and features, etc.). You can opt-out of receiving emails that are not Account-related by following the unsubscribe link on any of the emails. Since we must from time to time communicate with you in order to operate the Service, you may not “unsubscribe” from such Account-related emails. If your wish is to never hear from us, even if just to hear that we have update(s) to your Account or sometimes to offer you free advantages, you can terminate or cancel your Account by sending an email to customer service.
Any unauthorized use of the Service will be deemed a material breach of these Terms. iPerceptions, in its sole discretion, may terminate your password, Account and use of the Service if you breach or otherwise fail to comply with these Terms. You agree and acknowledge that iPerceptions has no obligation to retain the any data uploaded, generated or processed by you or on your behalf through the Service, and may delete such data, if you are in material breach of these Terms, and such breach has not been cured within 30 days of notice of such breach or if your Account is otherwise terminated.
The Service is provided on an “as is” basis. We do not warrant that this Service will be uninterrupted or error-free, that it will meet your requirements, or that any result obtained through the Service will be accurate or reliable. iPerceptions has no obligation to correct any errors in the Service. There may be delays, omissions, and interruptions in the Service’s availability. To the maximum extent permitted by law, you acknowledge that the Service is provided without any warranties of any kind whatsoever either express or implied, including implied warranties of merchantability and fitness for a particular purpose. You acknowledge that use of the Service is at your own risk.
IPERCEPTIONS IS NOT LIABLE FOR UNAUTHORIZED ACCESS TO OR ALTERATION OR LOSS OF YOUR TRANSMISSIONS OR DATA OR ANY MATERIAL OR DATA SENT OR RECEIVED OR NOT SENT OR RECEIVED. IPERCEPTIONS IS NOT LIABLE FOR ANY THREATENING, DEFAMATORY, OBSCENE, HARMFUL, OFFENSIVE OR ILLEGAL CONTENT OR CONDUCT OF ANY OTHER PARTY OR ANY INFRINGEMENT OF ANOTHER’S RIGHTS, INCLUDING INTELLECTUAL PROPERTY RIGHTS. IPERCEPTIONS IS NOT LIABLE FOR ANY DATA SENT USING THE SERVICE BY ANY THIRD PARTY.
IN NO EVENT SHALL IPERCEPTIONS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO ANY AMOUNT YOU HAVE PAID TO IPERCPETIONS.
Choice of Law, Assignment, Severability
These Terms are governed by the laws of the province of Quebec and the laws of Canada applicable therein. You irrevocably agree to submit all disputes arising out of these Terms to Quebec courts, judicial district of Montreal.
You may not assign these Terms or any of your rights to the Service to a third party. iPerceptions may assign any or all of its rights and duties hereunder to any third party. Any such assignment will relieve iPerceptions of its obligations hereunder.
Each provision of these Terms is separate and distinct and, if a provision of these Terms is determined to be invalid, illegal or unenforceable, all other provisions will remain in full force and effect.
You agree to indemnify us, our officers, directors, employees and agents, from any loss or damages, including reasonable legal fees, which we may suffer from your activities on or use of the Service, including your breach of these Terms. You shall cooperate as fully as reasonably required in the defence of any claim. We reserve the right to assume the exclusive defence and control of any matter otherwise subject to indemnification by you; provided, however, that you shall remain liable for any such claim.
We may amend these Terms at any time. Upon making such a change, we will post a revised version on the Site and we may seek to obtain your consent to the Terms as amended.
Choice of Language
Les parties expriment leur volonté que ces termes, ainsi que les documents qui s’y rattachent, soient rédigés en anglais.
“Account” refers to your account for the Service.
“Data” means the information, documents, software, products and services contained or made available to you in the course of using the Service, including any data, information or material concerning the characteristics and activities of visitors to the Site that is collected through the Service.
“iPerceptions” means iPerceptions Inc., a corporation incorporated under the laws of Canada and having a place of business at 4999 Ste-Catherine St. West, Suite 500, Montreal, Quebec H3Z 1T3.
“Site” means a group of web pages that are linked to an Account. Each Site consists of a default Profile that measures all pages within the Site. Additional Profiles can be established under a Site to evaluate subsections of a Site in greater detail.