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. Authorized Use of This Site
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 to participate in any surveys, polls, or panels on this Site.
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. Schlesinger Group, Inc. will fully cooperate with any law enforcement authorities or court order requesting or directing Schlesinger Group, Inc. to disclose the identity of anyone posting any such information or materials.
3. Intellectual Property
Schlesinger Group, Inc. 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 Schlesinger Group, Inc. 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 Schlesinger Group, Inc.
4. Sweepstakes and Promotions
From time to time Schlesinger Group, Inc. 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. Schlesinger Group, Inc. 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.
5. Third-Party Information
This Site may contain (i) links to other websites not maintained by Schlesinger Group, Inc. or (ii) information about products or services of third parties. Schlesinger Group, Inc. 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 Schlesinger Group, Inc. 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. Schlesinger Group, Inc. 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 Schlesinger Group, Inc.
6. Communications with Schlesinger Group, Inc.
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, SCHLESINGER GROUP, INC. MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER FOR THE CONTENT ON THE SITE. FURTHER, SCHLESINGER Group, INC. DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, NON-INFRINGEMENT, TITLE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. SCHLESINGER GROUP, INC. 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 SCHLESINGER GROUP, INC. 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 Schlesinger Group, Inc. aggregate liability for all claims under such circumstances for liabilities shall not exceed ten dollars (US $10).
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.
You agree to indemnify, defend and hold harmless Schlesinger Group, Inc., 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.
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.
12. Waiver; Remedies
The failure of Schlesinger Group, Inc. to partially or fully exercise any rights or the waiver of Schlesinger Group, Inc. of any breach of these Terms and Conditions by you shall not prevent a subsequent exercise of such right by Schlesinger Group, Inc. or be deemed a waiver by Schlesinger Group, Inc. of any subsequent breach by you of the same or any other term of these Terms and Conditions. The rights and remedies of Schlesinger Group, Inc. under these Terms and Conditions and any other applicable agreement between you and Schlesinger Group, Inc. shall be cumulative, and the exercise of any such right or remedy shall not limit Schlesinger Group, Inc. right to exercise any other right or remedy.
13. No Ideas Accepted
Schlesinger Group, Inc. 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. Schlesinger Group, Inc. 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 Schlesinger Group, Inc. assumes no obligation, expressed or implied, by considering it. You further understand that Schlesinger Group, Inc. 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 Schlesinger Group, Inc. Without limiting the foregoing, to the extent any such assignment is deemed unenforceable, you hereby grant Schlesinger Group, Inc. 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.
14. 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.
Should you have any questions regarding these Terms and Conditions you may contact us by email at [email protected], or by mail at Focus Group Health by Schlesinger, Terms Inquiries, 101 Wood Avenue South, Suite 501, Iselin, NJ 08830.
The terms of these Terms and Conditions are effective and were last updated on June 13, 2020