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Terms of Use

Terms of Use

Last Updated: March 19, 2025

1. Agreement to Terms

These Terms of Use (these “Terms of Use” or “Terms”) constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”) and Curion, LLC ("Company", “we”, “us”, or “our”), concerning your access to and use of the Curion website located at https://curioninsights.com/ and all subsites thereof, including but not limited to https://consumers.curioninsights.com/ and http://curionpanelist.com/, the Curion platform, all affiliated mobile applications, and any related services (collectively, the “Platform”). By accessing or using any part of the Platform and/or by creating a Curion account, you agree that you have read, understood, and agreed to be bound by these Terms and Curion’s Privacy Policy available at https://consumers.curioninsights.com/hc/en-us/articles/21081338130957-Curion-s-Privacy-Policy (the “Privacy Policy”). IF YOU DO NOT AGREE WITH THESE TERMS OF USE AND OUR PRIVACY POLICY, YOU ARE EXPRESSLY PROHIBITED FROM CREATING AN ACCOUNT AND/OR ACCESSING OR USING THE PLATFORM, AND YOU MUST DISCONTINUE ANY SUCH USE IMMEDIATELY.

ATTENTION!—CLASS ACTION WAIVER AND ARBITRATION AGREEMENT: These Terms contain provisions that govern how claims you and we may have against each other are resolved—including a class action waiver and an agreement and obligation to arbitrate disputes. YOU WILL NOT BE ABLE TO BRING OR PARTICIPATE IN A CLASS OR COLLECTIVE ACTION AGAINST US. And the arbitration agreement, subject to limited exceptions, requires you to submit claims you have against us to binding individual arbitration, unless you opt-out in accordance with Section 22. CAREFULLY REVIEW SECTION 22 BELOW ENTITLED “DISPUTE RESOLUTION – ARBITRATION AGREEMENT AND CLASS ACTION WAIVER” BEFORE YOU AGREE TO THESE TERMS OR USE OUR PLATFORM.

2. Modifications to Terms

We reserve the right, at our sole discretion, to make changes or modifications to these Terms of Use at any time and for any reason. We will alert you about any changes by updating the “Last Updated” date of these Terms of Use, and you waive any right to receive specific notice of each such change. It is your responsibility to periodically review these Terms of Use to stay informed of updates. You will be subject to and will be deemed to have been made aware of and to have accepted the changes in any revised Terms of Use by your continued use of the Platform after the date such revised Terms are posted. 

3. User Eligibility

The Platform is intended for users who are at least 18 years old. People under the age of 18 are not permitted to use or register for the Platform without parental consent, which includes creating a Curion account. See our information about adding children under a parent/guardian account here. By using our Platform, you represent and warrant that you meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Platform.

4. Panelist Qualifications

Panelists must reside and be physically located within the United States to be eligible to participate in studies, take screeners, and earn Curion rewards. Providing false location information, including using VPNs or other methods to misrepresent your physical presence within the US, is strictly prohibited. Curion employs various methods to verify panelist location and reserves the right to suspend or remove any panelist found to have falsified their location information. Rewards earned through misrepresentation of location will be forfeited in Curion’s sole discretion.

5. Accessing the Platform and Account Security

We reserve the right to withdraw or amend the Platform in our sole discretion without notice. We will not be liable if for any reason all or any part of the Platform are unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Platform, or the entire website, to users, including registered users.

You are responsible for both:

  • making all arrangements necessary for you to have access to the Platform; and
  • ensuring that all persons who access the Platform through your internet connection are aware of these Terms and comply with them.

To create an account, you are required to provide certain information. It is a condition of your use of the Platform that all the information you provide on the Platform is correct, current, and complete. You agree that all information you provide to register with this Platform or otherwise, including, but not limited to, through the use of any interactive features on the Platform, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

If you choose, or are provided with, a user name, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to the Platform or portions of it using your user name, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.

We have the right to disable any user name, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use.

6. Code of Conduct

Maintaining the highest quality results and data integrity for our clients is paramount. All panelists must adhere to this Code of Conduct and Curion's Terms of Use. Failure to comply may result in removal from our database, ineligibility for future studies, dismissal from a study (potentially without pay), and/or permanent suspension, at Curion's sole discretion.

The following standards of conduct are expected of all panelists:

  • Accurate Information: Panelists must provide truthful and accurate information during registration and throughout their participation in studies. Falsifying information, including creating duplicate accounts, is strictly prohibited.
  • Respectful and Professional Behavior: Respectful and professional communication and behavior are expected at all times. Harassing, intimidating, or threatening our employees, agents, clients, or other Curion panelists is unacceptable. Disruptive, combative, or non-compliant behavior will not be tolerated.
  • Compliance with Terms of Use: All panelists must abide by these Terms of Use. Failure to do so may result in permanent suspension or removal from the panel.
  • Data Integrity: Panelists must not engage in any activity that could compromise the integrity of our data, including using automated systems (bots, scripts, etc.), manipulating responses, or sharing confidential study information.
  • Personal Belongings: Panelists are solely responsible for the security and safekeeping of their personal belongings while participating in studies, whether on-site at Curion facilities or during off-site testing. Curion is not responsible for any loss or damage to personal items. 

7. Facility Guidelines

To maintain an atmosphere that is conducive to testing, ensures our clients’ confidentiality, and maintains our study validity, the following guidelines should be adhered to when coming to one of our facilities or participating in off-site testing for Curion. Additional rules may apply depending on the facility or test.

  • Confidentiality: All studies conducted at Curion are confidential. Please DO NOT discuss any Curion studies with fellow consumers or staff while you are on-site. Project discussion with other consumers prior to, during or after testing could result in dismissal from a study.
  • Arrival Time: Please arrive 10-15 minutes prior to your scheduled time. All studies are scheduled at set intervals to ensure that all respondents are attended to in a timely manner.
  • Cancellations and Rescheduling: Notify us as soon as possible if you are running late, need to cancel, or reschedule. Excessive no shows or Same Day Cancellations may affect your ability to participate in future studies. Review our attendance policies below.
  • Guests and Children: Only scheduled panelists are allowed on the premises during testing. No guests will be permitted in the facility. Please refrain from bringing children into any part of the facility unless they are participating in a study. This is to ensure the safety and well-being of your children.
  • Mobile Phones: Turn off and put away your mobile phone. You may be asked to leave the facility if your phone is visible or being used while you are testing.
  • Recording: Please be aware that our facility is often under observation by our clients. You may be videotaped or recorded at any time when participating in a study with Curion.
  • Fragrances and Odors: To ensure that we maintain the integrity of our environment for flavor or fragrance evaluations, please do not wear any fragrance to a study (including fragrance gels, lotions, hairsprays, etc.) because it can interfere with evaluations. Strong odors can impact research studies. Heavy odors from the following may result in your dismissal without pay. If you are visiting our facilities, please refrain from the following activities for at least one hour before your appointment: 
      • Smoking/vaping (tobacco/nicotine products, marijuana, etc.)
      • Eating garlic, onions, or other fragrant foods
      • Drinking coffee
      • Chewing gum/mints

8. Attendance Policies

  • No Show/Same Day Cancel Policy: Excessive No-Show or Same Day Cancel behavior will affect a consumer’s good standing/active status. 
      • Automated Email: Each no-show (failure to attend a scheduled session without contacting Curion to cancel or reschedule) or same-day cancellation will trigger an automated email notification.
      • 60-Day Suspension: Excessive is defined as three (3) no-shows or same-day cancellations within a 60-day period will result in an automatic 60-day suspension. During this suspension, panelists will not be invited to surveys.
      • Permanent Suspension: More than one suspension for poor attendance may lead to permanent suspension at the discretion of the Facility or Recruiting Manager.
      • Avoiding Penalties: To avoid same-day cancellation penalties, contact Curion at least 24 hours in advance of the session or reschedule online at https://curionpanelist.com/Portal/Default 
      • Contacting Curion: If unable to cancel through the portal, contact Curion directly via telephone: 800-291-1907.
      • Communication Responsibility: Leaving a message or submitting a ticket via the Consumer Support Center may not guarantee avoidance of a same-day cancellation. It is the consumer's responsibility to ensure Curion is informed 24 hours in advance of any absence. 
  • Pay and Send Policy: At Curion, we strive to ensure every qualified consumer has the opportunity to participate in their scheduled studies. Sometimes, things happen beyond our control, such as unexpected attendance rates or encountering issues with the product.
      • In these situations, we may need to implement our 'Pay and Send' policy.
      • If this happens, you'll be notified and receive 50% of your expected compensation and you won't be required to participate in the study. ‘Pay and send’ payments are to be a minimum of $25 and a maximum of $75.
      • These 'Pay and Send' payments are processed according to our usual schedule and will be sent to your email.
      • Please note that if a study is canceled ahead of time or if we can offer you alternative scheduling options, we won't be providing a partial payment. Excessive tardiness may result in a forfeiting of payment.

  • Late Arrivals: We understand that unexpected things can happen, so if you're a bit behind schedule and arrive within 15 minutes of your scheduled appointment, we'll do our best to accommodate you.
          • Arrive within 5 minutes: No worries, just head on into the lobby!
          • Arrive 6-14 minutes late: You might be eligible for a reduced incentive, so please check with the session host when you arrive.
          • Arrive 15+ minutes late: Unfortunately, we may not be able to include you in this session and you'll be excused without pay.

9. Payments

Curion partners with Tremendous, a secure platform for payment disbursement and tax information collection, to manage the W-9 form process. Upon reaching $500 in annual earnings, you will be prompted to complete a W-9 form through Tremendous. 

  • W-9 Requirement: When your earnings reach $500 for the calendar year, Curion requires you to fill out a W–9 form via Tremendous. 
  • 1099 Threshold: Although a 1099 form is only issued when your annual earnings reach $600, you must complete a W-9 form when your Curion earnings reach $500. This allows Curion to collect the necessary tax information and accurately report your earnings to the IRS, if applicable.
  • Payment Hold: Once your earnings reach $500 within a calendar year, you will be unable to redeem any further payments until a completed W-9 form is submitted via Tremendous. 
  • Earnings Definition: Remember, "earnings" means any compensation you have earned from Curion including all gift cards (pre-paid Visa, Amazon.com, etc.). 
  • Calendar Year Attribution: The calendar year the payment is issued is the year in which the earnings are attributed, regardless of when the payment is redeemed. 

For additional information, please see Curion Payments: Your Guide to Getting Paid.

10. Curion Rewards, Contests, and Raffles

The Curion Rewards program is a points-based system that allows panelists to earn points for participating in Curion activities and redeem those points for digital gift cards. Curion Contests and Raffles are open to US-based Curion panelists only. Winners of Curion contests and raffles must be active Curion panelists. Fraudulent or manipulative activity, including but not limited to misrepresenting your location, using bots or scripts, or providing inattentive survey responses, is strictly prohibited and may result in account suspension, forfeiture of accrued points and rewards, and disqualification from future participation in the Curion Rewards program, contests, and raffles. For information on earning rewards points and for the complete Rewards Program terms and conditions, click here (the “Rewards Terms”). For complete Curion Contests and Raffles terms and conditions, click here (the "Contests Terms").

11. Prohibited Activities

You may not access or use the Platform for any purpose other than that for which we make the Platform available. The Platform may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.

As a user of the Platform, you agree to abide by the below:

  • Automated Use: You may not use any automated systems or tools, including but not limited to bots, scripts, scrapers, data mining tools, robots, or similar technologies, to access, interact with, or collect information from the Platform.
  • Account Restrictions: You may not create duplicate accounts. Your account information must match your valid photo identification. You may not sell or transfer your user profile. Impersonating another user or person, or using another user's username, is prohibited.
  • Platform Interference: You may not disrupt or overload the Platform or its connected networks and services. You may not attempt to circumvent access restrictions to the Platform, bypass or interfere with the Platform's security features (including those protecting content usage) or engage in unauthorized framing or linking to the Platform. Reverse engineering or decompiling any Platform software is prohibited. You may not remove any copyright or proprietary notices from content.
  • Commercial Use: You may not use the Platform to compete with us or for any commercial purpose, including advertising or selling products or services, except those specifically endorsed or approved by us.
  • Harmful Code: You may not upload or transmit viruses, spam, or other disruptive material, including any data collection mechanisms such as spyware or web bugs.
  • Data Misuse: You may not extract data or content from the Platform to create any kind of collection or database without our express written consent. You may not use platform information to harass, abuse, or harm anyone. Unauthorized site use, including gathering user information for unsolicited emails or creating accounts through automated means or under false pretenses, is prohibited.
  • Misrepresentation and Abuse: You may not deceive or mislead us or other users, especially to obtain sensitive account details. Misusing our support services or submitting fabricated abuse reports is prohibited. You agree not to disparage or harm us or the Platform. 
  • Unlawful Activity: You may not use the Platform in any way that violates applicable laws or regulations. 
  • Respectful Conduct: Harassing, intimidating, or threatening our employees, agents, clients, or other Curion panelists is unacceptable. Using the platform to harass, abuse, or harm anyone is strictly forbidden.

12. Permanent Suspension or Removal from Panel

Curion reserves the right to suspend or remove any consumer from the Curion Consumer Panel at its sole discretion, with or without cause, including but not limited to violations of these Terms of Use, disruptive behavior, providing false information, or any other activity deemed detrimental to Curion or its clients.  Upon notification of permanent suspension or removal from the panel, the following restrictions will apply:

  • Panel Ineligibility: You will no longer be eligible to participate in the Curion Consumer Panel, including taking screeners, participating in studies, or earning/redeeming Curion rewards. 
  • Account Restrictions: You will be prohibited from creating new accounts. 
  • Study Cancellation: You will be cancelled from any studies for which you were previously recruited. 
  • Premises Restriction: You will not be permitted to enter, directly or indirectly, onto any premises or property associated with Curion, including Curion’s corporate offices and consumer center locations nationwide.
  • Removal is Final: Removal from the Curion Consumer Panel is at Curion's sole discretion and is considered final. Curion is not obligated to provide specific details regarding the reason for removal. Harassment or abusive communication towards Curion staff will be escalated, potentially involving legal action.

13. Intellectual Property Rights

This Platform, including its source code, databases, functionality, software, designs, audio, video, text, photos, graphics (collectively, the "Content"), and trademarks, service marks, and logos (the "Marks"), is our proprietary property or licensed to us, unless stated otherwise. It's protected by copyright, trademark, and other intellectual property and unfair competition laws. The Content and Marks are provided "AS IS" for your personal, non-commercial use only. You may not copy, reproduce, aggregate, republish, upload, post, display, encode, translate, transmit, distribute, sell, license, or otherwise use any part of the Platform or its Content or Marks for commercial purposes without our express written permission, except as specifically allowed in these Terms of Use.

14. Monitoring and Enforcement; Termination

We have the right to:

  • Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Platform. 
  • Terminate or suspend your access to all or part of the Platform for any or no reason, including without limitation, any violation of these Terms.

Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Platform. YOU WAIVE AND HOLD HARMLESS CURION AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.

We do not undertake to review material before it is posted on the Platform and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.

15. Reliance on Information Posted

The information presented on or through the Website is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents.

This Website may include content provided by third parties, including materials provided by third-party licensors, syndicators, aggregators and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by us, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of us. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

16. Information About You and Your Visit to the Platform

All information we collect on the Platform is subject to our Privacy Policy. By using the Platform, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

17. Links from the Platform

If the Platform contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to the Platform, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

18. Notice to Individuals Outside the United States

Curion directly conducts studies only in the United States, and our Platform is only intended for residents of the United States. If you are not a resident of the United States, please do not provide us with any information through the Platform. Curion does work with third-party partners in other countries on some international studies. Any information collected in such studies is done in compliance with local privacy laws. If you are a panelist in an international study, please contact the company you enrolled as a panelist with to manage your information.

19. Disclaimer of Warranties

YOUR ACCESS TO AND USE OF THIS PLATFORM AND PARTICIPATION IN THE SERVICES OFFERED THEREON ARE AT YOUR SOLE RISK. YOU ARE ENTIRELY LIABLE FOR YOUR ACTIVITIES RELATED TO THE PLATFORM. CURION DOES NOT WARRANT (A) THE ACCURACY, COMPLETENESS, TIMELINESS OR OTHER CHARACTERISTICS OF ANY CONTENT AVAILABLE ON OR THROUGH THE PLATFORM; (B) THAT THE PLATFORM WILL BE AVAILABLE FOR ACCESS ALL THE TIME OR AT ANY TIME ON A CONTINUOUS, UNINTERRUPTED BASIS; (C) THAT ANY DEFECTS IN THE PLATFORM CAN OR WILL BE CORRECTED; OR (D) THAT THE PLATFORM IS FREE OF VIRUSES OR OTHER HARMFUL CODE OR MATERIALS. THE PLATFORM AND ITS CONTENTS ARE PROVIDED "AS IS." CURION MAKES NO REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT. YOU MUST EVALUATE AND BEAR ALL RISKS ASSOCIATED WITH THE USE OF ANY CONTENT, INCLUDING ANY RELIANCE ON THE ACCURACY, COMPLETENESS, OR USEFULNESS OF THE CONTENT. CURION IS NOT RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER, HARDWARE, SOFTWARE, PROPERTY OR PERSON, OR ANY OTHER INCONVENIENCE OR LOSS, RESULTING IN ANY WAY FROM YOUR USE OF THE PLATFORM. Where applicable law does not allow the exclusion of implied warranties, some of the foregoing exclusions may not apply to you. 

20. Limitation of Liability

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL CURION, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE PLATFORM, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE PLATFORM OR SUCH OTHER WEBSITES OR ITEMS OBTAINED THROUGH THE PLATFORM OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE. THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

21. Indemnification

You agree to defend, indemnify and hold harmless Curion, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Use or your use of the Platform, including, but not limited to, any use of the Platform’s content, services and products other than as expressly authorized in these Terms of Use, or your use of any information obtained from the Platform.

22. Dispute Resolution—Arbitration Agreement and Class Action Waiver

    • PLEASE READ THIS CAREFULLY. IT AFFECTS YOUR RIGHTS. YOU AGREE THAT BY AGREEING TO THESE TERMS, YOU AND CURION ARE EACH WAIVING THE RIGHT TO A COURT OR JURY TRIAL OR TO PARTICIPATE IN A CLASS ACTION. YOU AND CURION AGREE THAT YOU MAY BRING CLAIMS AGAINST CURION ONLY IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, REPRESENTATIVE, OR COLLECTIVE PROCEEDING. ANY ARBITRATION WILL TAKE PLACE ON AN INDIVIDUAL BASIS; YOU AND CURION AGREE THAT CLASS ARBITRATIONS, CLASS ACTIONS, OR OTHER COMBINED PROCEEDINGS ARE NOT PERMITTED.
    • You and Curion agree that any and all claims and disputes arising from or relating in any way to the subject matter of these Terms, your participation in a Consumer Study, or your and Curion’s dealings with one another (including, but not limited to, your receipt of marketing telephone calls, text messages, emails, or other communications from or on behalf of Curion) shall be finally settled and resolved through BINDING INDIVIDUAL ARBITRATION as described in this Section 22. You and we also agree that the arbitration provision and class action waiver apply to claims made regarding past, present, or future conduct, and also apply to claims made independently or with other claims. 
    • YOU AND WE AGREE THAT “CLAIMS” AND “DISPUTES” SUBJECT TO THIS ARBITRATION PROVISION THEREFORE ARE TO BE GIVEN THE BROADEST POSSIBLE MEANING AND INCLUDE CLAIMS OF EVERY KIND AND NATURE, INCLUDING, BUT NOT LIMITED TO, INITIAL CLAIMS, COUNTERCLAIMS, CROSS-CLAIMS, AND THIRD-PARTY CLAIMS, AND CLAIMS BASED ON ANY FEDERAL, STATE, OR LOCAL CONSTITUTION, STATUTE, REGULATION, ORDINANCE, WARRANTY, COMMON LAW RULE (INCLUDING RULES RELATING TO CONTRACTS, TORTS, NEGLIGENCE, FRAUD, OR ANY OTHER INTENTIONAL WRONGS), AND EQUITY. THEY INCLUDE CLAIMS AND DISPUTES THAT SEEK RELIEF OF ANY TYPE—INCLUDING ACTUAL, STATUTORY, OR PUNITIVE DAMAGES AND/OR INJUNCTIVE, DECLARATORY, OR OTHER EQUITABLE RELIEF.
    • You and Curion each understand and agree that by agreeing to resolve any dispute through individual arbitration, YOU AND CURION ARE EACH WAIVING THE RIGHT TO A COURT OR JURY TRIAL. ANY DISPUTE SHALL BE ARBITRATED ON AN INDIVIDUAL BASIS, AND NOT AS A CLASS ACTION, REPRESENTATIVE ACTION, CLASS ARBITRATION, OR ANY SIMILAR PROCEEDING. The arbitrator may not consolidate or combine the claims or arbitrations of multiple parties.
    • In the event of a dispute, and before initiating an arbitration proceeding under this section, you and Curion agree that the party alleging a dispute must send to the other party a notice of dispute, which is a written statement that sets forth the name, address, and contact information of the party giving the notice, a brief summary the facts giving rise to the dispute, and the relief requested. You must send any notice of dispute to legal@curioninsights.com and via mail to Curion, LLC,  111 Deer Lake Road, Suite 120
    • Deerfield, Illinois 60015, Attention: Legal. We will send any notice of dispute to you at the contact information we have for you. You and Curion agree to attempt to resolve a dispute through informal negotiation within sixty (60) days from the date the notice of dispute is sent. After that 60-day period and not before, you or we may commence an arbitration proceeding in accordance with this section.
    • If you and Curion do not resolve a dispute by informal negotiation, the dispute shall be resolved by binding individual arbitration before a neutral arbitrator whose decision will be final except for a limited right of appeal under the U.S. Federal Arbitration Act. The arbitration will be governed by the JAMS Streamlined Arbitration Rules and Procedures (“JAMS Rules”), as modified by this section. The arbitration will be conducted by JAMS using one arbitrator with substantial experience in resolving consumer contract disputes, who shall be selected from the appropriate list of JAMS arbitrators in accordance with the JAMS Rules. If JAMS is unable or unwilling to arbitrate a dispute, then the dispute may be referred to any other arbitration organization or arbitrator that you and Curion both agree upon in writing or that is appointed pursuant to section 5 of the Federal Arbitration Act.
    • For any claim where the total amount of the award sought is $10,000 or less, the arbitrator, you and Curion must abide by the following rules: (a) the arbitration shall be conducted solely based on telephone or online remote appearances and/or written submissions (or some combination thereof); and (b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties. If the claim exceeds $10,000, the right to a hearing will be determined by the JAMS Rules and the hearing (if any) will be conducted under the JAMS Rules in person (at a mutually-agreeable location) or virtually by conference call, videoconference, or using other communications technology with participants in one or more geographical places, or in a combined form. The arbitrator’s ruling is binding and may be entered as a judgment in any court of competent jurisdiction, or application may be made to such court for judicial acceptance of any award and an order of enforcement, as the case may be.
    • This arbitration agreement involves interstate commerce and, therefore, shall be governed by the Federal Arbitration Act, 9 U.S.C. §§ 1-16 (“FAA”), and not by state law. THE ARBITRATOR SHALL BE AUTHORIZED TO AWARD ALL REMEDIES AVAILABLE IN AN INDIVIDUAL LAWSUIT UNDER APPLICABLE SUBSTANTIVE LAW, INCLUDING, WITHOUT LIMITATION, COMPENSATORY, STATUTORY, AND PUNITIVE DAMAGES, AS WELL AS, DECLARATORY, INJUNCTIVE, AND OTHER EQUITABLE RELIEF—INCLUDING PUBLIC INJUNCTIVE RELIEF AND ATTORNEYS’ FEES AND COSTS.
    • In accordance with the JAMS Rules, the party initiating the arbitration (either you or Curion) is responsible for paying the filing fee. However, if the arbitrator issues you an award of damages and: (a) that award is greater than the amount of our last written settlement offer; or (b) if we did not make a settlement offer, then in addition to paying for any JAMS Case Management Fees and all professional fees for the arbitrator’s services, we will reimburse you for the filing fees you incurred. Further, if you demonstrate that paying the arbitrator’s costs and fees would be prohibitively expensive for you, Curion shall pay those costs and fees regardless of whether you prevail in the arbitration—unless the arbitrator determines that your claim was frivolous. The JAMS Rules and instructions about how to initiate an arbitration are available at www.jamsadr.com or 1-800-352-5267.
    • You and Curion empower the arbitrator with the exclusive authority to resolve any dispute relating to the interpretation, applicability, or enforceability of these Terms, or the arbitration provision—including the formation of the Terms, the arbitrability of any dispute, and any claim that all or any part of the Terms is void or voidable (such as, but not limited to, whether the arbitration provision is unconscionable).
    • Notwithstanding any provision in these Terms to the contrary, you and we agree that if the class action waiver above is deemed invalid or unenforceable, neither you nor we are entitled to arbitration and any proceeding shall be brought and proceed exclusively in the state courts of competent jurisdiction located in Chicago, Illinois, or the United States District Court for the Northern District of Illinois.
    • If the arbitration provision in this section is found unenforceable or to not apply for a given dispute, then the proceeding must be brought exclusively in the state courts of competent jurisdiction located in Chicago, Illinois, or the United States District Court for the Northern District of Illinois, as appropriate, and you agree to submit to the personal jurisdiction of each of these courts for the purpose of litigating such claims or disputes, and you still waive your right to a jury trial and waive any right to initiate or proceed in a class or collective action. This arbitration agreement and class action waiver shall survive termination of these Terms.

23. Limitation on Time to File Claims

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING IN ANY WAY TO THESE TERMS, YOUR USE OF THE PLATFORM, OR YOUR PARTICIPATION IN A CONSUMER STUDY MUST BE COMMENCED IN ARBITRATION WITHIN ONE YEAR AFTER THE CAUSE OF ACTION ACCRUES. AFTER THAT ONE-YEAR PERIOD, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED. SOME JURISDICTIONS DO NOT ALLOW TIME LIMITATIONS OTHER THAN THOSE SET FORTH IN SUCH STATE’S STATUTE OF LIMITATIONS LAWS. IN SUCH CASES, THE APPLICABLE STATUTE OF LIMITATIONS PROVIDED FOR UNDER THE LAWS OF SUCH STATE SHALL APPLY.

24. Governing Law and Jurisdiction

Except as otherwise provided in Section 22, all matters relating to the Platform and these Terms of Use, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Illinois without giving effect to any choice or conflict of law provision or rule (whether of the State of Illinois or any other jurisdiction). Except as otherwise provided in Section 22, any legal suit, action or proceeding arising out of, or related to, these Terms of Use or the Platform shall be instituted exclusively in the courts located in Cook County, Illinois. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

25. Waiver and Severability

No waiver of by Curion of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Curion to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision. If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

26. Entire Agreement

The Terms of Use, our Privacy Policy, the Rewards Terms, the Contest Terms, and, if applicable, the Study Participant Agreement, constitute the sole and entire agreement between you and Curion with respect to the Platform and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Platform.

27. Contact Us

The Platform is operated by Curion, LLC located at 111 Deer Lake Road, Suite 120, Deerfield, Illinois 60015, USA. All feedback, comments, requests for technical support and other communications relating to the Platform should be submitted through the Consumer Support Center or by emailing us at privacy@curioninsights.com. 

 

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