Welcome to Greenfield.com the corporate website (the “Site”) for Greenfield Online, Inc. This Site is provided as a service to our customers and shareholders and may be used for informational purposes only. Because the Terms and Conditions contain legal obligations, please read them carefully.
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Your Agreement. By using this Site, you agree to be bound by, and to comply with, these Terms and Conditions. If you do not agree to these Terms and Conditions, please do not use this Site. PLEASE NOTE: We reserve the right, at our sole discretion, to change, modify or otherwise alter these Terms and Conditions at any time. Unless otherwise indicated, amendments will become effective immediately. Please review these Terms and Conditions periodically. Your continued use of the Site following the posting of changes and/or modifications will constitute your acceptance of the revised Terms and Conditions and the reasonableness of these standards for notice of changes. For your information, this page was last updated as of the date at the top of these terms and conditions.
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Privacy. Please review our Privacy Policy, which also governs your visit to this Site, to understand our practices.
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Linked Sites. This Site may contain links to other independent third-party Web Sites ("Linked Sites”). These Linked Sites are provided solely as a convenience to our visitors. Such Linked Sites are not governed under Greenfield Online’s Terms and Conditions, and Greenfield Online is not responsible for and does not endorse the content of such Linked Sites, including any information or materials contained on such Linked Sites. You will need to make your own independent judgment regarding your interaction with these Linked Sites.
- Forward Looking Statements. All materials, including without limitation, annual reports to shareholders, press releases and Greenfield Online, Inc., filings with the Securities and Exchange Commission (the "SEC") reproduced on this Site speak as of the original date of publication or filing. The fact that a document is available on this Site does not mean that the information contained in such document has not been modified or superseded by events or by a subsequent document or filing. Any forward-looking statement reproduced on this Site speaks as of the original date the document containing such statement was published or filed and should be read together with certain factors set forth in the Company's Annual Report on Form 10-K under the heading "Forward-Looking Statements", the Company's Quarterly Reports on Form 10-Q under the heading "Other Information" and in other Greenfield Online, Inc., filings with the SEC available on this Site or on the SEC's Edgar Database (http://www.sec.gov/edgarhp.htm) that could cause actual future events or results to differ materially from anticipated events or results. Greenfield Online has no duty or policy to update any information or statements contained on this Site and, therefore, such information or statements should not be relied upon as being current as of the date you access this Site.
- Indemnification. You agree to indemnify and hold Greenfield Online, Inc. harmless from any and all claims, losses, damages, suits, fines, levy’s and costs (including reasonable attorney’s fees and expert witness costs, including costs associated with in-house counsel), (Collectively “Claims”), arising from or related to your use of the Site and any content you place on the Site, including claims made by third parties. You agree that Greenfield Online, Inc. has the unlimited right to defend any Claim and to settle any Claim without your prior permission. You agree to provide Greenfield Online, Inc. with all reasonable assistance in the defence of any Claim.
- No Warranties; As Is. You agree that our Site and all Site information, services and functionality (collectively, “complete Site”) are provided by us or any of our affiliates, suppliers or agents "as is" and "with all faults," and the entire risk as to the satisfactory quality, performance, accuracy and effort is with you. We do not make any representations or express warranties. Except for duties of good faith, we disclaim all warranties, conditions and duties, express, implied or statutory, including but not limited to any (if any) implied warranties, duties or conditions: (a) of merchantability, of fitness for a particular purpose or use, of results, and of accuracy or completeness or privacy or security of information; and (b) created by trade usage, course of dealing or course of performance. We further disclaim all duties to you, if any such duties exist, including but not limited to reasonable care, workmanlike effort, and lack of negligence. If a duty cannot be disclaimed, that duty shall be measured by intentional misconduct. Also, there is no warranty of title or against interference with your enjoyment of any aspect of the complete Site, or against infringement. You expressly waive all duties and all warranties that might exist but for this paragraph.
- No Incidental, Consequential or Certain Other Damages. To the full extent allowed by law, you agree that neither we nor any of our affiliates or agents will be liable to you and/or any other person for any special, incidental, punitive, consequential or similar general damages, or for damages for lost profits, loss or impairment of privacy, security or data, failure to meet any duty (including but not limited to any duty of good faith, workmanlike effort or of lack of negligence), or for any other similar damages whatsoever that arise out of or are related to any breach or other aspect of the entire agreement or complete Site, even if we have been advised of the possibility of such damages and even in the event of fault, tort (including negligence) or strict or product liability or misrepresentation.
- Limitation Of Liability And Exclusive Remedy. You agree that your sole, aggregate remedy for any breach of the Entire Agreement (as defined below) (including without limitation the Privacy Policy, and for any cause of action of any nature (including without limitation, tort) relating to any aspect of the Entire Agreement or the Complete Site shall be, at our option: (1) repair, substitution, replacement or correction of all or part of the information or act giving rise to damages incurred in reasonable reliance and not excluded above; or (2) refund of the amount you actually paid for the item causing your damages that are not excluded above and that you actually incur in reasonable reliance. the damage exclusions and limitation of liability in these terms shall apply even if any remedy fails of its essential purpose.
- Termination or Cancellation. Either we or you may end this agreement (the Terms) with or without cause or notice at any time.
- Entire Agreement; Miscellaneous. These Terms, including items incorporated into them (e.g., the Privacy Policy), as well as any additional terms or conditions contained on the Site for particular activities, and disclosures provided by us and consents provided by you on the Site (collectively, “Entire Agreement”), constitute the entire agreement between us and neither party has relied on any representations made by the other that are not expressly set forth in the Entire Agreement. If any provision of the Entire Agreement is found by a court of competent jurisdiction to be invalid, the remaining provisions will remain in full force and effect, provided that the allocation of risks described herein is given effect to the fullest extent possible. Our failure to act with respect to a breach does not waive our right to act with respect to subsequent or similar breaches, and time is of the essence of the Entire Agreement. Also, there are no third party beneficiaries of the Entire Agreement. This Site is controlled by us from our offices within the United States of America and is directed to U.S. users. If you choose to access this Site from locations outside the U.S., you do so at your own risk and you are responsible for compliance with applicable local laws. You may not use or export anything from the Site in violation of U.S. export laws and regulations or the Entire Agreement.
- Connecticut Law Applies and Connecticut is the Exclusive Forum. The Entire Agreement and all performances and claims of every nature (including without limitation, contract, tort and strict liability) relating in any way to any aspect of the Complete Site shall be governed by the laws of the State of Connecticut, U.S.A. without regard to its conflict of law provisions. Any disputes regarding such claims or arising under or related in any way to the Entire Agreement or the Complete Site shall be heard exclusively in the appropriate forum in Connecticut. You hereby consent to jurisdiction in a state or federal court sitting in Bridgeport, Connecticut and waive any claim or defense that such forum is not convenient or proper, and consent to service of process by any means authorized by Connecticut or federal law.
- Notices. Notices to You. We may give you all notices that we are required to give by posting notice on the Site. You also agree that we may give notice by email in our discretion, including notice of subpoenas or other legal process (if any). We may provide notice to any email or other address that you provide during registration. You agree to keep your address current and to check for notices posted on the Site.
Notices to Us; Our Address for Legal Notices. We receive many emails and not all employees are trained to deal with every kind of communication, so you agree to send us notice by mailing it to “Our Address for Legal Notices” which is Greenfield Online, Inc., 21 River Road, Wilton, CT 06897, U.S.A. Attn. Legal Department and General Counsel. If a law requires us to accept email notice notwithstanding the foregoing, call us at 203 834 8585 for our address established for receipt of such notices.
- Amendments. You agree that from time to time we may alter these Terms, including adding or eliminating all or parts of the Privacy Policy or any other terms (“Amendments”). See the Amendments section of our Privacy Policy for details regarding how Amendments will be made – those details apply to all Amendments.
- Legal Notices. Various laws require or allow us to give users of this Site certain notices and each of them is incorporated into these Terms. You may review the notices by clicking on their link.
Notice of Copyright Agent.
Notice of Availability of Filtering Software.
Notice: No Harvesting or Dictionary Attacks Allowed.
Notice Re Trademarks.
Notice Re Copyright Ownership.
- Further Information. If you have a complaint, you may contact us at Greenfield Online, Inc., 21 River Road, Wilton, CT 06897, U.S.A. If you are a California resident, the Complaint Assistance Unit of the Division of Consumer Services of the Dept. of Consumer Affairs may be contacted at 400 R Street, Sacramento, CA 95814 or (800) 952-5210.
- Notice re copyright agent. Greenfield Online, Inc. respects the intellectual property rights of others and requests that you do the same. Anyone who believes that their work has been reproduced in the Site in a way constituting copyright infringement may provide a notice to the designated Copyright Agent for the Site containing the following:
- An electronic or physical signature of a person authorized to act on behalf of the owner of the copyright interest;
- Identification of the copyrighted work claimed to have been infringed;
- Identification of the material that is claimed to be infringing and information reasonably sufficient to permit us to locate the material;
- The address, telephone number, and, if available, an e-mail address at which the complaining party may be contacted;
- A representation that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;
- A representation that the information in the notice is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
- Copyright infringement claims and notices (but not other notices) should be sent to the attention of General Counsel in the following manner:
- by mail: Greenfield Online, Inc. Legal Department 21 River Road, Wilton CT 06897, Attn. General Counsel
- by phone: 203 834 8585
- by fax: 203 834 8686
- by email: security@Greenfield.com
- Notice of availability of filtering software. We do not believe that the Site contains materials that would typically be the subject of filtering software. Nevertheless, all users are hereby informed by the provider of this interactive computer service that parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist in limiting access to material that is harmful to minors. A report detailing some of those protections can be found at http://www.ntia.doc.gov/ntiahome/ntiageneral/cipa2003/index.html (Children’s Internet Protection Act: Report on the Effectiveness of Internet Protection Measures and Safety Policies).
- Notice: no harvesting or dictionary attacks allowed. We will not give, sell, or otherwise transfer addresses maintained by us to any other party for the purposes of initiating, or enabling others to initiate, electronic mail messages except as authorized by appropriate our personnel or policies. Except for parties authorized to have addresses maintained by us, persons may violate federal law if they: (1) initiate the transmission to our computers or devices of a commercial electronic mail message (as defined in the U.S. “Can-Spam Act of 2003”) that does not meet the message transmission requirements of that act; or (2) assist in the origination of such messages through the provision of selection of addresses to which the messages will be transmitted.
- Notice re trademarks. The trademarks "Greenfield Online, " and all other trademarks used in the Site are trademarks or registered trademarks or trademarks used under license of Greenfield Online, Inc.. All rights are reserved.
- Notice re Copyright ownership: © Greenfield Online, Inc. All rights reserved. As used herein, “Content” means (without limitation) all text, design, graphics, images, sound files, animation, video, interfaces, code and the selection and arrangement thereof appearing or included from time to time on the Site. All Content on the Site is subject to intellectual property rights, contractual or other protection. The intellectual property rights are owned by us or our licensors. No Content may be copied, distributed, republished, uploaded, posted or transmitted in any way except pursuant to the express provisions of the Terms or with our prior non-electronic consent. Modification or use of the materials for any other purpose may violate intellectual property rights. No title to copies or to intellectual property rights are transferred to users – all title and rights remain with us.