BRIGHTSIDE RESEARCH TERMS OF USE

Last Updated: November 1, 2023

These Terms of Use (“Terms”) are posted by Brightside Research (“Brightside,” “we,” “us,” or “our”) and govern your use of https://teambrightsider.com/ and/or any other website or application where these Terms are posted (collectively, the “Site”).

These Terms also govern your membership, as applicable, in any Brightside research panel (collectively, the “Panel”) and/or your participation in any survey or research study administered by Brightside (“Research”), whether in your capacity as a Panel member or otherwise (collectively, including the Site, the Panel, and Research, the “Services”).

By using the Site, participating in research, or joining the Panel, you acknowledge that you have read, understood, and agreed to be bound by these Terms.

If you do not agree to these Terms, you should not access the Services. Brightside reserves the right to refuse, restrict, prohibit, or reject your access to the Services, at any time, for any reason.

Our collection and use of your personal information is also governed by our Privacy Policy, which is incorporated into these Terms by this reference.

Brightside reserves the right to revise these Terms at any time. You are encouraged to review these Terms each time you use the Services because your use of the Services after the posting of changes will constitute your acceptance of the changes.

1. Use of the Services

The Services are available to individuals who are eighteen (18) years and older and who have not been suspended or removed by Brightside for any reason.

You may use the Services only for your own noncommercial personal use and in compliance with these Terms. You are responsible for your own communications, including the transmission, uploading, or posting of information in connection with your Panel membership, and are responsible for the consequences of such communications.

We grant you a personal, limited, revocable, non-transferable, non-exclusive license to access and use the Services. We reserve the right, in our sole discretion and without notice to you, to change, suspend, add to, or discontinue any aspect of the Services, and we will not be liable to you or to any third party for doing so. Your continued use of the Services will constitute your acceptance of any such changes.

You acknowledge that you are accessing the Services in the capacity of an independent contractor and that no agency, partnership, join venture, employee-employer, or franchisor-franchisee relationship is intended or created by these Terms.

2. Prohibited Uses

You agree you will not use the Services for any of the following purposes:

• Posting, communicating, or transmitting any material that infringes on any intellectual property, publicity, or privacy right of another person or entity;
• Posting any information which is untrue, inaccurate, or not your own;
• Engaging in conduct that may constitute a criminal offense, give rise to civil liability, or otherwise violate any law or regulation;
• Attempting to interfere in any way with Brightside’s network security, or attempting to use the Services to gain unauthorized access to any other computer system;
• Using spiders, robots or other automated data mining techniques to catalogue, download, store, or otherwise reproduce or distribute data or content available in connection with the Services;
• Manipulating the results of any survey or research project;
• Collecting any personal information of any other user of the Services;
• Opening, using, or maintaining more than one Panel membership;
• Forging or masking your true identity, using proxy servers, or engaging in any other activity that, in Brightside’s sole and absolute discretion, suggests an effort to abuse the Services;
• Posting or transmitting any threatening, libelous, defamatory, obscene, pornographic, lewd, scandalous or inflammatory material or content or any material or content that could otherwise violate applicable laws; or
• Engaging in any fraudulent activity, including but not limited to speeding through surveys, taking the same survey more than once, masking or forging your identity, submitting false information during the registration process, submitting false or untrue survey data, or redeeming or attempting to redeem rewards, prizes or incentives through false or fraudulent means.

You also agree that additional terms and conditions may apply to specific research opportunities or specific uses of certain portions of the Services (“Additional Terms”). Such Additional Terms, if any, are made part of these Terms by reference. If there is a conflict between these Terms and the Additional Terms, the Additional Terms shall control.

3. Panel Membership

By signing up to join the Panel you represent and warrant that you are at least eighteen (18) years of age, and all information you provide to us is and shall at all times remain accurate. You agree to notify Brightside promptly of any changes in or to the information contained in your account profile.

Your membership in the Panel, whether as a healthcare provider or a patient, will also entail the collection or personal information as further described in our Privacy Policy.

Please be advised that your membership in the Panel and participation in research is completely voluntary. You may decline to start or continue your participation in research at any time. You may also leave the Panel at any time after joining by emailing us at the contact information below.

You acknowledge and agree that nothing herein or elsewhere guarantees you the right to be accepted to the Panel, and we reserve the right, in our sole and absolute discretion, to reject any registration attempt for any reason or no reason at all.

We also reserve the right to revoke your membership for any reason at any time, including with limitation as a result of a violation of these Terms or applicable law, without notice. Membership is void where prohibited by law.

If you are a registering as a physician or other healthcare provider, you represent and warrant that you are not prohibited by your employer or any other third party from joining the Panel or participating in a study or survey administered by Brightside.

4. Proprietary Rights, Non-Disclosure

You acknowledge and agree that the content, materials, text, images, videos, graphics, trademarks, logos, button icons, music, software, and other elements available on the Services are the property of Brightside, our licensors, and/or our clients and are protected by copyright, trademark, and/or other proprietary rights and laws. You agree not to sell, license, rent, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, modify, or create derivative works from any content or materials on the Services.

During the course of your participation in research, confidential information may be shared with you as part of the study materials, including without limitation non-public information about our clients’ products and services (“Confidential Information”). By joining our Panel or participating in research, you acknowledge and agree that all ideas and concepts discussed in any of our market research studies are considered Confidential Information.

You agree that you will not use, disclose, or reproduce the Confidential Information or discuss the Confidential Information with anyone. You further agree that you will not photograph, copy, or record any of the Confidential Information. You acknowledge and agree that any ideas, discoveries or inventions which you develop as a result of your participation in a research study will be the property of Brightside or the research study sponsor, as applicable.

5. Your Content

You represent, warrant, and covenant that any materials you provide to Brightside do not include anything (including but not limited to text, images, music, or video) to which you do not have the full right to provide to Brightside. You further represent, warrant, and covenant that any materials you provide will not contain libelous or otherwise unlawful, abusive, or obscene material. Brightside will be entitled to use any content submitted by you without incurring obligations of confidentiality, attribution, or compensation to you. With respect to any materials you submit or make available for inclusion on the Services, you grant Brightside and our clients a perpetual, irrevocable, non-terminable, worldwide, royalty-free, and non-exclusive license to use, copy, distribute, publicly display (including but not limited to display for promotion purposes), modify, create derivative works, and sublicense such materials or any part of such materials. Brightside will be entitled to use any content submitted by you without incurring obligations of confidentiality, attribution, or compensation to you.

6. Telephone Contact

By becoming a member of the Panel and/or providing us with your telephone number, you consent to be contacted by telephone at the number you provide to us, and specifically consent to our use of autodialing technology to reach you. SMS and other fees imposed by your carrier may apply, and we are not responsible for such fees.

7. Adverse Events

We may be required by applicable laws to follow-up with you if you adverse event, as defined under applicable law, during your participation in a market research study. You may have the right to refuse to provide additional details regarding an adverse event, but please be advised that we may still be required to report such adverse events in accordance with applicable law.

8. Incentives

 If you complete a market research study with Brightside that includes a financial incentive, you acknowledge and agree that the compensation, together with the benefits you derive from participating in research, constitutes fair consideration for your participation. You acknowledge and agree that you will not be compensated unless the applicable study is completed, and that whether a study is actually completed will be decided in our sole discretion.

In the event you are found to have submitted inaccurate or illogical information or answers as part of a study that includes a financial incentive, we reserve the right, without limitation, to withhold or cancel any or all incentives outstanding to you.

9. Disclaimers

THE SERVICES, AND ALL CONTENT, MERCHANDISE, AND OTHER INFORMATION ON OR ACCESSIBLE FROM OR THROUGH THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, SECURITY, OR ACCURACY. BRIGHTSIDE MAKES NO WARRANTIES OF ANY KIND REGARDING ANY THIRD-PARTY SITES TO WHICH YOU MAY BE DIRECTED OR HYPERLINKED FROM THE SERVICES. HYPERLINKS ARE INCLUDED SOLELY FOR YOUR CONVENIENCE, AND BRIGHTSIDE MAKES NO REPRESENTATIONS OR WARRANTIES WITH REGARD TO THE ACCURACY, AVAILABILITY, SUITABILITY, OR SAFETY OF INFORMATION PROVIDED IN SUCH THIRD-PARTY SITES. BRIGHTSIDE DOES NOT ENDORSE, WARRANT, OR GUARANTEE ANY PRODUCTS OR SERVICES OFFERED OR PROVIDED BY OR ON BEHALF OF THIRD PARTIES THROUGH THE SERVICES.

10. Indemnification

You agree to indemnify, defend, and hold harmless Brightside and its affiliates, service providers, and clients, together with their respective officers, directors, employees, and agents, from and against any and all claims, liabilities, damages, costs, and expenses of defense, including but not limited to attorneys’ fees, in any way arising from or related to your use of the Services, your violation of these Terms, content posted to the Services by you, or your violation of any law or the rights of a third party.

11. Limitation of Liability

IN NO EVENT SHALL BRIGHTSIDE, ITS AFFLIATES, OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS, SUBSIDIARIES, SUPPLIERS, AFFILIATES, OR THIRD PARTIES PROVIDING INFORMATION ON THE SERVICES BE LIABLE TO ANY USER OF THE SERVICES OR ANY OTHER PERSON OR ENTITY FOR (I) ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, CONSEQUENTIAL, OR EXEMPLARY DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, OR LOSS OF USE) ARISING OUT OF OR RELATED TO THE USE OR INABILITY TO USE THE SERVICES, WHETHER BASED UPON WARRANTY, CONTRACT, TORT, OR OTHERWISE, EVEN IF BRIGHTSIDE OR ANY OF THE RELATED PARTIES NAMED ABOVE HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES; OR (II) THE GREATER OF (A) ANY AMOUNT IN EXCESS OF THE AMOUNT OF INCENTIVES PAID TO YOU IN CONNECTION WITH THE RESEARCH GIVING RISE TO YOUR CLAIM OR (B) TWO HUNDRED AND FIFTY DOLLARS ($250.00).

ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO USE OF THE SERVICES OR THESE TERMS MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE.

You hereby acknowledge the foregoing limitation of liability shall apply to all content, merchandise, and services available through the Services. Because some states do not allow limitations on implied warranties or the exclusion or limitation of certain damages, some of the above limitations may not apply to you.

12. Class Action Waiver

UNLESS RESTRICTED OR PROHIBITED BY LAW AS AGAINST PUBLIC POLICY, ANY ACTION UNDER OR RELATING TO THESE TERMS OR THE SERVICES, WHETHER BEFORE A JUDGE OR JURY OR PURSUANT TO JUDICIAL REFERENCE, WILL TAKE PLACE ON AN INDIVIDUAL BASIS, WITHOUT RESORT TO ANY FORM OF CLASS OR REPRESENTATIVE ACTION (“CLASS ACTION WAIVER”). THIS CLASS ACTION WAIVER PRECLUDES ANY PARTY FROM PARTICIPATING IN OR BEING REPRESENTED IN ANY CLASS OR REPRESENTATIVE ACTION REGARDING A CLAIM UNDER THESE TERMS.

13. Governing Law and Venue

Any dispute hereunder shall be resolved in the state and federal courts in New York, NY, but may proceed telephonically if the parties so agree. These Terms shall be governed and enforced by applicable laws of the State of New York, without regard to conflict of law provisions thereof.

14. Miscellaneous

The headings contained in these Terms are for reference only and shall have no effect on the interpretation or application of these Terms. Brightside’s failure to enforce a breach by you of these Terms shall not waive or release you from such breach and shall not waive, release, or prevent Brightside from enforcing any subsequent breach by you of these Terms. If any term or provision of these Terms shall be held or declared to be invalid or unenforceable for any reason by any court of competent jurisdiction, such term or provision shall be deemed null and void and shall not affect the application and/or interpretation of these Terms. The remaining terms or provisions of these Terms shall continue in full force and effect, as if the invalid or unenforceable term or provision was not a part of these Terms.

15. Contact Us

Should you have any questions or concerns about these Terms or our Services, please contact us at:

[email protected]