Terms of Use for www.IdeaMap.NET PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING OR OBTAINING ANY MATERIALS, INFORMATION, PRODUCTS OR SERVICES THROUGH THIS SITE. I-NOVATION Inc. ("we" or "us") offers access to and use of our site to you subject to your acceptance of these terms and conditions ("Terms"). By accessing, using or obtaining any content, data, materials, information, products or services through our site, you agree to observe these Terms. User hereby acknowledges and warrants that user is 18 years of age or older. I-NOVATION INC. a New York corporation, provides and maintains an Internet Web site (the "Site") with related tools and processes to create individualized surveys and obtain survey results and associated services (the "Services") for use by you ("Member", "User" or "you"). We grant you a limited license to access the Site and utilize the services strictly under the terms and conditions set forth in the Terms of Agreement and any rules or policies otherwise set forth on this site or published from time to time by I-NOVATION Inc. The Terms of Agreement set forth below and any rules or policies otherwise set forth on this Site comprise the entire agreement between Member and I-NOVATION Inc. and supersedes any and all prior agreements or understandings between the parties. Use of Information Unless otherwise specified, copyright in all copyrightable subject matter on our Site is owned by I-NOVATION Inc. Trademarks IdeaMap® is a registered trademark of Luxton Enterprises.i-NOVATION, i-NOVATION.com, MindREAD&trade and the i-NOVATION logo are trademarks of i-NOVATION Inc. These trademarks, and other trademarks that may be use by us on this Site may not be used in connection with any product or service that does not belong to i-NOVATION, Inc. in any manner that is likely to cause confusion or in any manner that disparages or discredits i-NOVATION, Inc. Consent to Monitoring and Disclosure i-NOVATION Inc. is under no obligation to monitor the information residing or transmitted to this site. However, anyone accessing this site agrees that i-NOVATION Inc. may monitor the site (1) to comply with any necessary laws, regulations or governmental requests; and (2) to, in its sole discretion, operate the Site in a manner it deems proper or to protect against conduct it deems inappropriate. i-NOVATION Inc. shall have the right but not the obligation, to reject or eliminate any information residing on or transmitted to the Site that it, in its sole discretion, believes is unacceptable or inconsistent with these terms and conditions. Limitation of Liability YOU ASSUME ALL RESPONSIBILITY AND RISK FOR THE USE OF THIS SITE AND THE INTERNET GENERALLY. IN NO EVENT SHALL I-NOVATION INC. NOR ANY PARENT ENTITIES, SUBSIDIARIES, AFFILIATES, OFFICERS OR EMPLOYEES BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER; INCLUDING BUT NOT LIMITED TO LOSS OF USE, DATA, OR PROFITS, WITHOUT REGARD TO THE FORM OF ANY ACTION, INCLUDING BUT NOT LIMITED TO CONTRACT, NEGLIGENCE, OR OTHER TORTIOUS ACTIONS, ARISING OUT OF OR IN CONNECTION WITH THE USE, COPYING, OR DISPLAY OF THE CONTENT RESULTING FROM ACCESS TO OR USE OF THIS SITE, OR THE INTERNET GENERALLY, UNDER CONTRACT, TORT OR ANY OTHER CAUSE OF ACTION OR LEGAL THEORY. ALTHOUGH I-NOVATION INC. BELIEVES THE CONTENT TO BE ACCURATE, COMPLETE, AND CURRENT, I-NOVATION INC. MAKES NO WARRANTY AS TO THE ACCURACY, COMPLETENESS OR CURRENCY OF THE CONTENT. IT IS YOUR RESPONSIBILITY TO VERIFY ANY INFORMATION BEFORE RELYING ON IT. THE CONTENT OF THIS SITE MAY INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. FROM TIME TO TIME, CHANGES ARE MADE TO THE CONTENT HEREIN. I-NOVATION INC. MAY MAKE CHANGES IN THE PRODUCTS AND/OR THE SERVICES DESCRIBED HEREIN AT ANY TIME. Disclaimer of warranties USER EXPRESSLY ACKNOWLEDGES AND AGREES THAT USE OF THE SERVICE AND THE SITE IS AT USER'S SOLE RISK. THE SERVICE AND THE SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT ALLOWED BY LAW, I-NOVATION INC. IS NOT RESPONSIBLE FOR THE CONTENTS OF ANY SURVEY OR INVITATIONS TO TAKE SURVEYS OR INVITATIONS TO VIEW SURVEY RESULTS CREATED ON OR THROUGH THE SERVICE NOR IS IT RESPONSIBLE FOR THE RESPONSES SUBMITTED TO ANY SURVEY REQUESTS OR FOR THE RESULTS GENERATED BY SURVEY RESPONSES. I-NOVATION INC. DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE RELIABILITY OR ACCURACY OF THE REGISTRATION INFORMATION SUPPLIED TO I-NOVATION INC. NOR THE RESPONSES OR INFORMATION SUPPLIED BY PANELISTS TO USERS IN RESPONSE TO SURVEYS. I-NOVATION INC. DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE CONSEQUENCES OF THE USE OF ANY SURVEY, SURVEY RESPONSES OR SURVEY RESULTS NOR DOES I-NOVATION INC. WARRANT THE CORRECTNESS, USEFULNESS, RELIABILITY, ACCURACY OR OTHERWISE OF ANY SURVEY, SURVEY RESPONSES OR SURVEY RESULTS. I-NOVATION INC. IS NOT RESPONSIBLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION, LOST PROFITS, BUSINESS INTERRUPTION OR OTHER LOSS RESULTING FROM USE OF OR RELIANCE IN ANY WAY ON ANY SURVEY, SURVEY RESPONSES OR SURVEY RESULTS CREATED ON OR THROUGH THE SERVICE OR THE SITE. IT IS SOLELY USER'S RESPONSIBILITY TO EVALUATE THE ACCURACY, RELIABILITY, COMPLETENESS AND USEFULNESS OF ANY SURVEYS, SURVEY RESPONSES, SURVEY RESULTS OR OTHER INFORMATION RECEIVED WHILE USING THE SERVICE OR SITE. I-NOVATION INC. MAKES NO WARRANTY THAT THE SERVICE OR SITE WILL MEET USER'S REQUIREMENTS OR THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, VIRUS-FREE, ERROR-FREE, ACCURATE OR RELIABLE; NOR DOES I-NOVATION INC. MAKE ANY WARRANTY AS TO ANY INFORMATION THAT MAY BE OBTAINED THROUGH THE SERVICE OR SITE OR THAT DEFECTS IN THE SOFTWARE FOR THE SERVICE WILL BE CORRECTED OR THAT THE SITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. USER UNDERSTANDS AND AGREES THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH USE OF THE SERVICE OR SITE IS DONE AT USER'S OWN DISCRETION AND RISK AND THAT USER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO USER'S COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL OR DATA. Payment Terms User agrees to pay all charges to user’s account, at the rates in effect when the charges are incurred. i-NOVATION Inc. may change the fees and charges or add new fees or charges at any time, by giving Users notice in advance. User must provide i-NOVATION Inc. with valid credit card information, and must promptly inform i-NOVATION Inc. of any changes in credit card validity or expiration date. i-NOVATION Inc. will keep User’s credit card information confidential except we are required to transmit User's credit card information to the appropriate credit card company during payment processing. If payment cannot be charged to User’s credit card, i-NOVATION Inc. reserves the right to suspend or terminate User’s account and access to the Services. User may cancel his or her account at any time by sending an email to customer service requesting cancellation. Upon receipt of such notification, i-NOVATION Inc. will immediately terminate User’s access to the Services, except that user will remain liabile for all charges or fees incurred prior to termination at User's access to the Services. Maintenance i-NOVATION INC. reserves the right to perform maintenance on the Site at any time. It is currently anticipated the i-NOVATION may perform maintenance every first Wednesday of every month (8 AM EST Wednesday to 8 AM EST Thursday). During maintenance, the system will not be available for creation, administration or fielding. Security You agree that you will comply with any security processes and procedures (such as passwords) specified by i-NOVATION INC. with respect to access to or use of the Site. Further, you agree not to access or attempt to access any areas of or through a Site that are not intended for general public access, unless you have been provided with explicit written authorization to do so by i-NOVATION Inc. Registration & Password User shall provide complete and accurate information on the registration form. User is responsible to notify i-NOVATION INC. of any changes. i-NOVATION INC. will provide User with an account name and password in order to access the Services. User is solely responsible for maintaining the confidentiality of User's password and account information. User shall immediately notify i-NOVATION Inc. of any unauthorized account activity, or any unauthorized use of User's email list(s) or any other breach of security known to User. Changes and Other Terms i-NOVATION Inc. has the right to make changes and updates to any information contained within this Site without prior notice. This does not include customized information that has been entered by IdeaMap®.Net users in their own accounts. i-NOVATION Inc. also has the right to make improvements or changes in the products without prior notice. Such improvements or changes will not take place in the middle of specific account activity. i-NOVATION Inc. reserves the right to change any of the Terms of Use without prior notice. No Spamming User acknowledges and agrees that i-NOVATION Inc. serves only as the "survey host" and is not the sender or originator of any survey. From time to time, i-NOVATION Inc. may solicit feedback on services provided by the site. User warrants and promises that User either has an ongoing relationship with respondents or has obtained consents to send emails inviting participation in a survey to the persons on the User's own email list or such lists purchased from a third party. Failure to Comply i-NOVATION INC. has the right to terminate or restrict your access to our site, unilaterally and without notice, in the event you violate any of these Terms of Use. i-NOVATION INC. also reserves any and all remedies at law or equity in connection with violation of these Terms of Use. Fielding time Any client that launches a study with IdeaMap.Net in compliance with these terms of use is entitled to 14 days of active on-line fielding for such study. Any study that remains active on-line for more than 14 days will incur an additional fee. It is the User's responsibility to take studies off-line promptly upon completion. Unless previously agreed otherwise, i-NOVATION INC. reserves the right to take a study off-line after 60 days. Requests for extended activity should be emailed to billing@i-novation.com Database and Storage of surveys, responses and related survey data Survey results will not be deleted from User’s account by i-NOVATION for a period of 90 days after launch date, after which the survey data will be permanently deleted. Base Size The definition of 'base size' in IdeaMap®.Net refers to the number of completed interviews (all respondents that completed the survey). i-NOVATION INC. will not be responsible for the quality of responses or respondents. Privacy i-NOVATION INC. is committed to its policy of protecting the privacy and confidential information of the Users and Panelists. Any information provided by commercial accounts to i-NOVATION INC. including but not limited to feedback, data, questions, comments, suggestions, or the like, shall be deemed to be confidential. i-NOVATION INC. will not reproduce, use, disclose, and distribute the information to others unless requested to do so by the provider of such information or required by law to do so. Academic Accounts i-NOVATION INC. will provide the use of IdeaMap.Net free of charge for academic class work, upon application to i-NOVATION. Work that is funded by grant or contract is not eligible and therefore will be charged according to standard IdeaMap®.Net fees. i-NOVATION Inc. reserves the right to execute academic studies based on availability. i-NOVATION Inc. is not obligated to provide customer support or customization requests for academic studies. Information Provided by Academic Accounts Any information provided by academic accounts to i-NOVATION INC. including but not limited to feedback, data, questions, comments, suggestions, or the like, shall be deemed to be non-confidential. i-NOVATION INC. shall have no obligation of any kind with respect to such information and shall be free to reproduce, use, disclose, and distribute the information to others without limitation. Additionally, i-NOVATION Inc. shall be free to use any ideas, concepts, know-how or techniques contained in such information for any purpose whatsoever, including but not limited to developing, manufacturing, and marketing products incorporating such information. Jurisdiction The Terms of Use and the relationship between User and i-NOVATION Inc. shall be treated as if entered into and executed in the State of New York and shall be governed and construed in accordance with the laws of the State of New York, without regard to conflict of law principles. User agrees to submit to personal and exclusive jurisdiction and venue of the State and Federal Courts in the State of New York County of Westchester, USA for any claims arising out of or in connection with the use of IdeaMap®.Net. i-NOVATION INC. makes no representation that the materials and content on the Site or relating to the Services are appropriate or available for use in other locations, and accessing them from territories where their contents are illegal is strictly forbidden. Those who access the Services or the Site from other locations do so on their own initiative and at their own risk and are responsible for compliance with local laws. Termination Either party may terminate these Terms of Use at any time. i-NOVATION INC. shall not be liable to Users or any third party in any manner for termination of the Service. In the event User should become dissatisfied with the Terms of Use or any modifications thereof, or with the Service or the Site, User's only recourse is to discontinue use of the Service, terminate the usership and give notice of these actions. Upon termination, User's right to use the Service and the Site shall cease immediately and i-NOVATION INC. shall have no obligation whatsoever to forward any surveys, survey responses or survey results to User. Limitation Any claim or demand under the Terms of Use must be made within one (1) year of the occurrence. For questions on these Terms of Use: webmaster@i-NOVATION.com