TheoremReach Inc. is a market research access panel. As a member of the Panel, you will have the opportunity to participate in market research activities including online and mobile surveys, product tests, focus groups, and more.
1. Applicability; Agreement
All references in these terms to “TheoremReach” include TheoremReach, Inc. and its parents, subsidiaries and affiliates. All references in these Terms to “us” or “we” refer to TheoremReach.
By registering for, accessing, using, and/or participating in, the Applications/Services, you hereby expressly agree to comply with and be bound by these Terms.
TheoremReach reserves the right to refuse, restrict, prohibit or reject your access to, use of, and/or participation in the Applications/Services, at any time and for any reason.
2. Membership Eligibility and Participation
The Applications/Services are strictly for your personal, non-commercial use. You may use the Applications/Services only when and as available. The Applications/Services are only available to individuals who are thirteen (13) years of age or older residing in the United States of America and individuals who are sixteen (16) years of age residing outside of the United States of America. Participation on the Panel is limited to only one (1) account per person.
Your participation in survey, focus group, telephone or other research (“Research”) through the Applications/Services is based on your desire to share opinions and provide feedback. Such participation in the Research is voluntary for you, without control or direction of TheoremReach, and you shall exercise independent judgment and discretion while doing so.
3. Use of the Applications/Services
The Applications/Services are for personal, non-commercial use. You may use the Applications/Services only when and as available. TheoremReach reserves the right to change, modify or eliminate, and/or restrict or block access to, all or any part of the Applications/Services, without notice, at any time, for any reason or for no reason.
4. Panel Registration; Passwords
You may access any Website(s) as a visitor without registering for membership with the Panel associated with the Website(s) and without providing or disclosing personal information.
In order to register as a Panel member, you must register with or for the Panel and provide certain personal information. Panel members and non-Panel members are required to truthfully provide all information. TheoremReach reserves the right to restrict or prohibit your use of, access to and/or participation in the Applications/Services if you provide, or TheoremReach reasonably suspects that you have provided, information that is untrue, inaccurate, not current, or incomplete.
Each Panel member will create his/her own username and password. Panel members are solely responsible for the security of their usernames and passwords and will be solely liable and responsible for any use, whether authorized or unauthorized, of their membership accounts. TheoremReach strongly recommends against the use of a social security number, financial account number or any other identification or account number, as a username or password. Please do not disclose your password to anyone else, you are responsible for keeping it safe. We will not be liable for any unauthorized use of your account, which includes unauthorized use of your email address, password and reward redemption.
Panel membership is specific to the individual who registers for membership with the Panel; panel membership is not transferrable.
You acknowledge that you are accessing, using and/or participating in the Applications/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 this agreement.
5. Unauthorized Uses
You agree not to: (i) use 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 Applications/Services, or to manipulate the results of any survey, prize draw or contest; (ii) take any action to interfere with any Website(s) or an individual’s use of any Website, including, but not limited to, by overloading, “flooding”, “mail bombing” or “crashing” any Website; (iii) send or transmit any viruses, corrupted data or any other harmful, disruptive or destructive code, file or information, including, but not limited to, spyware; (iv) collect any personally identifiable information of or about any other user of the Applications/Services; (v) send unsolicited emails, including, but not limited to, promotions and/or advertising of products or services; (vi) open, use, or maintain more than one (1) membership account with a Panel; (vii) forge or mask your true identity; (viii) frame a portion(s) of any Website within another website or alter the appearance of any Website; (ix) establish links from any other website to any page of, on or located within any Website or to the Applications/Services, without the prior express written permission of TheoremReach; (x) post or transmit any threatening, libelous, defamatory, obscene, pornographic, lewd, scandalous or inflammatory material or content or any material or content that could otherwise violate Applicable Laws (as defined herein); (xi) engage 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, redeeming or attempting to redeem rewards, prizes and/or incentives through false or fraudulent means, and tampering with surveys; (xii) reverse engineer any aspect of the Applications/Services or do any act or take any action that might reveal or disclose the source code, or bypass or circumvent measures or controls utilized to prohibit, restrict or limit access to any webpage, content or code, except as expressly permitted by Applicable Laws; (xiii) engage in any criminal or illegal act(s); (xiv) use Restricted Content (as defined herein) in violation or breach of these Terms; or (xv) encourage and/or advise any individual, including, but not limited to, any TheoremReach employee, to commit any act(s) prohibited hereunder.
You acknowledge and agree that TheoremReach will fully cooperate with all legal disclosure request(s) it receives (e.g., court order or subpoena).
6. Restricted Content
In connection with your use of, access to and/or participation in the Applications/Services, you may have the opportunity to review or access confidential and proprietary information, materials, products and content (“Restricted Content”) belonging to TheoremReach and/or TheoremReach’s clients, partners and/or licensors. Restricted Content is and shall remain the sole and exclusive property of the owner of the Restricted Content. In no event shall you obtain or receive any right, title and/or interest in or to any Restricted Content. You agree to protect the confidentiality and secrecy of the Restricted Content and you agree not to modify, copy, reproduce, republish, display, transmit, distribute, reverse engineer, create derivative works of, decompile or otherwise use, alter or transfer Restricted Content without the prior express written consent of TheoremReach. You acknowledge and agree that Restricted Content may be subject to, and protected by, intellectual property laws, regulations and codes. You further acknowledge and agree that if you breach or otherwise violate the restrictions, limitations and prohibitions contained in this Section, in addition to any other rights or remedies available to TheoremReach, TheoremReach reserves the right to terminate, prohibit or restrict your use of, access to and/or participation in the Applications/Services.
7. User Content
By using, uploading, posting or submitting User Content in connection with the Applications/Services, you hereby grant to TheoremReach a perpetual, irrevocable, unlimited, transferrable, sub-licensable, world-wide, royalty free, right and license to edit, copy, transmit, publish, display, create derivative works of, reproduce, modify, distribute and otherwise use, modify or distribute your User Content in any manner, without compensation or notice.
You are solely responsible for User Content. TheoremReach does not and cannot review all User Content and TheoremReach is not responsible for User Content. TheoremReach reserves the right to delete, move or edit User Content that is, in TheoremReach’s sole discretion, deemed to: (i) violate these Terms; (ii) violate copyright or trademark laws; or (iii) be abusive, defamatory, obscene or otherwise unacceptable.
8. Rewards Programs
A. In connection with your use of the Applications/Services, you may have the opportunity to accumulate rewards, incentives and entries into prize draws or sweepstakes. Incentives may be in the form of program/panel currency including “WizardBucks” or “gold” or other panel currency offered (“Panel Currency”). Panel Currency have no monetary value and cannot be redeemed for cash; Panel Currency may not be auctioned, traded, bartered or sold and is not transferrable upon death, by gift, as part of a domestic relations matter, or otherwise, except by operation of law. Information, official rules and terms and conditions for rewards, incentives and prize draws or sweepstakes may be available in these Terms, on the Website for a Panel, at the beginning or end of a survey, in survey invitations, on the website(s) or webpage(s) for redeeming rewards, incentives, and prizes, and/or may be described in any newsletter or other communication distributed or published by TheoremReach.
The various types of incentives and rewards TheoremReach may provide are to encourage participation in the Panel and are not compensation for time spent. Any Panel Currency that is earned or paid to you or any reward that is redeemed by you for participation in the Research or other activity on a Panel is not calculated based on time spent by you. Similarly, any consideration paid to or Panel Currency earned by you for participation is not pro-rated on an hourly basis or otherwise.
B. All Panel Currency posted to a Panel member’s account expire one (1) year following posting, unless the Panel Currency are forfeited or canceled earlier due to membership or account inactivity or as otherwise set forth in these Terms. Panel member accounts are not actual bank or financial accounts and do not accrue or accumulate interest of any kind.
C. Panel Currency posted in connection with the Applications/Services do not constitute property of the Panel member, cannot be transferred during or after the Panel member’s life, by operation of law or otherwise, and have no value until presented by the Panel member for redemption in accordance with these Terms.
D. In the event that any Panel Currency, or incentive have been erroneously posted to a Panel member’s account, TheoremReach may remove them from the Panel member’s account.
E. In the event that any Panel Currency, or incentive have been obtained and/or posted to a Panel member’s account through fraudulent means, TheoremReach will remove them from the Panel member’s account and the account may be suspended and/or terminated.
(1) Panel Currency will be deducted from the Panel member’s account at the time the redemption request is made.
(2) All redemptions are final, and rewards may not be returned for credit except as otherwise provided in these Terms or as otherwise agreed to in writing by an authorized representative of TheoremReach.
(3) The minimum Panel Currency redemption threshold required to redeem a reward is the equivalent of Twenty United States Dollars ($20). Unless there is a lower redemption option available, if you do not satisfy the foregoing threshold, you will not have a redemption option under TheoremReach’s rewards program. TheoremReach reserves the right to provide reward options with lower minimum redemption thresholds without prior notice to or consent from you.
G. TheoremReach may modify, alter, delete or add new terms and conditions for its rewards program or the Applications/Services at any time without notice. For TheoremReach this includes, but is not limited to, modifying, altering, adding or deleting point values, redemption levels, conversion ratios, conditions for status, conditions for membership and conditions for earning incentives or rewards, at any time without notice. In addition, TheoremReach may terminate or cease offering any incentive or reward in connection with TheoremReach’s rewards program, at any time without notice.
H. You may not combine Panel Currency with Panel Currency belonging to any other member, including, but not limited to, any family member or friend.
I. TheoremReach make no representations or warranties of any kind, express or implied, regarding any product or service received in connection with TheoremReach’s rewards program, including, but not limited to, any warranty of merchantability or fitness for a particular purpose. TheoremReach is not, and will not be, liable or responsible for the performance of, or for the failure of the performance of, any product or service for which Panel Currency, incentives or rewards are redeemed. In addition, TheoremReach is not and will not be responsible or liable for any cost, damage, accident, delay, injury, loss, expense or inconvenience that may arise in connection with the use of, or defect in, any product or service for which Panel Currency, incentives or rewards are redeemed. TheoremReach will not replace any lost, stolen, misplaced or damaged incentives or rewards.
J. YOU HEREBY EXPRESSLY ACKNOWLEDGE AND AGREE THAT THE PANEL CURRENCY, INCENTIVES OR REWARDS EARNED THROUGH THE APPLICATIONS/SERVICES MAY BE SUBJECT TO TAX, WHICH IS THE SOLE RESPONSIBILITY OF THE PANEL MEMBER. TheoremReach may provide you and/or the appropriate government agency or taxing authority with information related to any payments or incentives you earn in connection with your use of the Applications/Services. You agree to provide TheoremReach with all required information to assist TheoremReach in complying with its reporting or withholding obligations. TheoremReach may withhold any tax from any incentive or reward as required by applicable law.
K. TheoremReach uses reasonable efforts to ensure that Panel Currency are credited and debited appropriately; however, the Panel member should review their account to ensure that their account correctly identifies the posted Panel Currency, incentives, or rewards, and reflects all of the appropriate redemption transactions. If you feel that your account was not credited or debited correctly or reflects incorrect redemption transactions, please send an email to firstname.lastname@example.org. Any email sent to TheoremReach should include the Panel member’s name, email address and specific information on the subject matter. TheoremReach will use reasonable efforts to investigate the matter and to respond back to the Panel member promptly. TheoremReach’s decision is final and binding.
L. The suppliers or providers of the products or services offered in connection with TheoremReach’s rewards program and/or the owners or operators of the website(s)/webpage(s) on which redemption transactions occur, may have their own terms and conditions; please review these terms and conditions carefully.
You agree that we and/or our affiliates may collect and use technical data and related information, including but not limited to technical information about your device, system and application software, and peripherals, that is gathered periodically to facilitate the provision of software updates, product support and other services to you (if any) related to the Application. Licensor and/or its affiliates may use this information, as long as it is in a form that does not personally identify you, to evaluate or improve its products or to provide services or technologies.
N. If a Panel member elects to donate Panel Currency to one of the charities approved by TheoremReach, TheoremReach will donate said Panel Currency to the selected charity. The donation is not made by or on behalf of TheoremReach and TheoremReach does not and will not match any donation. Please note that the donation option is not available on every panel owned and/or operated by or on behalf of TheoremReach. Please check the redemption options available for the panel to which you belong.
O. Your daily limit on the redemption of Panel Currency is limited to two (2) redemptions per 24-hour period.
P. In the United States, TheoremReach has an obligation to: (i) provide a W-9 tax form to individuals who receive payments (whether via the redemption of Panel Currency or other means) of $600 or more in a tax year; and (ii) file a 1099-Misc form with the United States Internal Revenue Service (“IRS”) for such payments. In addition, TheoremReach will provide you with a completed 1099-Misc form for your tax compliance purposes. As a result, please see the following:
(1) If you have received payments of $599 during a tax year, your account will be suspended (i.e., you will not be able to receive further payments and will not be able to complete or participate in surveys) for the remainder of the applicable tax year unless and until you provide TheoremReach with a completed and verified W-9 form.
(2) If you have received payments of $600 or more during a tax year, your account will be suspended indefinitely (i.e., you will not be able to receive further payments and will not be able to complete or participate in surveys) unless and until you provide TheoremReach with a completed and verified W-9 form. In this case, your account will not be reinstated at the beginning of the next tax year, unless or until you provide TheoremReach with a completed and verified W-9 form.
If you have any questions, please contact email@example.com.
9. Profile Updates
Panel members agree to notify TheoremReach promptly of any changes in or to the information contained in their member profile. A Panel member may update, correct and/or delete information contained in his or her membership profile by: (i) accessing his or her Panel membership account; or (ii) sending an email to the appropriate Panel member services team for the appropriate Panel.
10. Opt-Out Policy
In connection with your use of the Applications/Services, you may be able to link or connect voluntarily to websites maintained and/or operated by third parties (“Third Party Websites”). TheoremReach does not endorse any Third-Party Website nor any products, services and/or opportunities advertised, offered and/or sold by, through or in connection with any Third-Party Website (“Third-Party Information”). TheoremReach does not make any representations or warranties regarding Third Party Websites and/or Third-Party Information. Please carefully review all policies and terms applicable to Third-Party Websites and Third-Party Information.
12. Communications with TheoremReach
All communications (excluding personal information) and User Content submitted or transmitted by you to TheoremReach, by electronic mail or otherwise, shall be treated as non-confidential and non-proprietary information, unless specifically indicated by you either prior to, or contemporaneously with, the submission or transmission of such communications and User Content. You agree that any such communications and User Content may be used by TheoremReach for any legal reason.
THE APPLICATIONS/SERVICES, INCLUDING ALL INFORMATION, SURVEYS, CONTENT, MATERIAL, COMMENTARY AND APPLICATIONS/SERVICES MADE AVAILABLE ON OR THROUGH THE APPLICATIONS/SERVICES, ARE PROVIDED “AS IS”. THEOREMREACH DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER IN CONNECTION WITH ANY INFORMATION, CONTENT, MATERIAL, COMMENTARY, SURVEYS, PRODUCTS OR SERVICES MADE AVAILABLE ON OR THROUGH THE APPLICATIONS/SERVICES, INCLUDING, BUT NOT LIMITED TO, ANY USER CONTENT. FURTHER, THEOREMREACH HEREBY DISCLAIMS ANY AND ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE. THEOREMREACH DOES NOT WARRANT THAT THE TOOLS, TECHNOLOGY OR FUNCTIONS CONTAINED IN THE APPLICATIONS/SERVICES OR ANY CONTENT, MATERIAL, COMMENTARY, INFORMATION AND/OR SERVICES CONTAINED THEREIN, WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, THAT THE SYSTEMS OR THE SERVER(S) THAT SUPPORT THE APPLICATIONS/SERVICES AND MAKE THE APPLICATIONS/SERVICES AVAILABLE WILL BE CORRECTED OR THAT THE APPLICATIONS/SERVICES AND/OR THE SYSTEMS AND/OR THE SERVER(S) THAT SUPPORT THE APPLICATIONS/SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THEOREMREACH DOES NOT PROVIDE ACCESS OR CONNECTION TO THE INTERNET AND IS NOT AND SHALL NOT BE RESPONSIBLE OR LIABLE FOR THE ACTIONS OR OMISSIONS OF THIRD PARTIES THAT INTERFERE WITH, LIMIT, RESTRICT OR PREVENT ACCESS OR CONNECTION TO, OR USE OF, THE APPLICATIONS/SERVICES.
TheoremReach hereby reserves the right, in TheoremReach’s sole discretion, to make changes to these Terms. TheoremReach encourages you to review these Terms on an ongoing basis. TheoremReach will obtain your consent prior to changes that are of such nature that consent is needed or required. For changes that do not require consent, your continued use of, access to, and/or participation in the Applications/Services does and will constitute your acceptance of these Terms as amended.
You agree to indemnify, defend and hold harmless TheoremReach and its parent, affiliated and subsidiary companies and its and their respective members, managers, shareholders, directors, officers, employees and agents from and against any and all claims, liabilities, losses, judgments, awards, fines, penalties and costs and/or expenses of any kind, including, but not limited to, reasonable attorneys’ fees and court costs, arising out of, resulting from or caused, either directly or indirectly, by: (i) your breach or violation of these Terms; and/or (ii) your use of, participation in, and/or access to the Applications/Services.
16. Limitations of Liability
EXCEPT TO THE EXTENT PROHIBITED BY APPLICABLE LAWS, YOU ACKNOWLEDGE AND AGREE THAT IN NO EVENT WILL THEOREMREACH BE LIABLE OR OTHERWISE RESPONSIBLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL AND/OR PUNITIVE DAMAGES, FOR ANY REASON(S) OR FOR ANY CAUSE(S), REGARDLESS OF WHETHER THEOREMREACH IS INFORMED OF THE POSSIBILITY THAT SUCH DAMAGES MAY EXIST.
ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO USE OF THE APPLICATIONS/SERVICES AND/OR THESE TERMS MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE.
17. Compliance with Applicable Laws
You acknowledge and agree that you will comply with all applicable international, national, Federal, state and/or local laws, codes, regulations, rules and/or requirements (“Applicable Laws”) regarding your use of, participation, in, and/or access to the Applications/Services.
18. Suspension; Termination; De-Activation of Panel Membership Accounts
Either party may terminate your membership with a Panel at any time, with or without cause, for any reason or for no reason, and without liability for the termination.
In addition to any and all other available remedies, TheoremReach may, without notice, suspend and/or terminate your use of, access to, and/or participation in the Applications/Services if you are in breach or violation of these Terms. If TheoremReach terminates your membership due to your breach or violation of these Terms: (i) you forfeit all rights, title and interest in and/or to all unredeemed rewards, incentives and/or prizes, effective immediately upon termination; (ii) your membership will immediately be canceled; and (iii) your access to, participation in and use of the Applications/Services (including, but not limited to, participation in survey projects) will immediately cease.
In the event that a non-Panel member breaches or otherwise violates these Terms, such non-Panel member hereby agrees that: (a) all rights, title and interest in and/or to all unredeemed rewards, incentives and/or prizes (if any), shall be forfeit effective immediately upon termination; and (b) access to, use of, and participation in the Applications/Services will immediately cease.
In addition, TheoremReach reserves the right to de-activate your Panel membership account: (a) if your membership account does not remain Active (as defined herein); (b) if TheoremReach receives a hard bounce or delivery failure notice in regards to email communications sent by TheoremReach to your email account; or (c) if TheoremReach receives a “mailbox full” reply notice three (3) times in regards to email communications sent by TheoremReach to your email account.
For the purpose of these Terms, “Active” means that you: (i) participate in a survey at least once every six (6) months; or (ii) update your profile or member information at least once every six (6) months.
In the event of deactivation, termination by you or termination by TheoremReach (other than for your breach or violation of these Terms), TheoremReach shall maintain a record of the posted, unredeemed rewards, incentives and/or prizes and, subject to the applicable minimum redemption thresholds, shall allow you to redeem such rewards, incentives and/or prizes for a period of thirty (30) days following the effective date of termination or deactivation of your account. Termination or deactivation of your membership will not delete or remove any application(s).
A. Notice from You to TheoremReach. Except as otherwise set forth herein or as required by Applicable Laws, all notices to be sent or provided to TheoremReach should: (i) be correctly addressed to the applicable business address, and shall be sufficiently delivered if delivered: (a) by Federal Express, Express Mail or other nationally or internationally recognized overnight courier service; or (b) by certified mail, return receipt requested, postage prepaid; or (ii) be sent via email to the appropriate member services team for the appropriate Panel. All notices shall be effective upon actual receipt.
B. Notice from TheoremReach to You. Except as otherwise required by Applicable Laws, you agree that TheoremReach may provide notices to you: (i) via the email address provided by you to TheoremReach (in which case notice shall be effective one (1) day following the date the email was sent, provided that TheoremReach did not receive an error message stating that delivery of the email was delayed, that the e-mail address was invalid or that the email otherwise could not be delivered); (ii) by certified mail, return receipt requested, postage prepaid addressed to the address provided by you to TheoremReach (in which case notice shall be effective six (6) days following deposit in the mail); or (iii) by posting notices on the applicable Website(s). You agree to check the applicable Website(s) frequently for notices and to keep your personal information up to date.
C. Legal Notice. All questions regarding these Terms and all legal notices should be sent, in accordance with Section 20.A. of these Terms, to:
525 Junction Road, Suite 6500
Madison, Wisconsin 53717
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.
21. Arbitration Agreement
Any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, shall be determined by arbitration in Madison, Wisconsin, before one arbitrator. The arbitration shall be administered by JAMS pursuant to its Comprehensive Arbitration Rules and Procedures and in accordance with the Expedited Procedures in those Rules or pursuant to JAMS’ Streamlined Arbitration Rules and Procedures. Judgment on the Award may be entered in any court having jurisdiction. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a federal or state court in Dane County, Wisconsin, to whose venue and jurisdiction each party irrevocably submits.
If non-appearance-based arbitration is elected, the arbitration shall be conducted by telephone, online and/or based solely on written submissions; the specific manner shall be chosen by the party initiating the arbitration. The arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise agreed by the parties.
If you or TheoremReach pursue arbitration, the arbitration action must be initiated and/or demanded within the statute of limitations (i.e., the legal deadline for filing a claim) and within any deadline imposed under the JAMS Rules for the pertinent claim.
If arbitration is initiated, the arbitrator will decide the rights and liabilities, if any, of you and TheoremReach, and the dispute will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator shall have the authority to grant motions dispositive of all or part of any claim (including any claim regarding the enforceability of this Arbitration Agreement or any unconscionability in connection with these Terms). The arbitrator shall have the authority to award monetary damages, and to grant any non-monetary remedy or relief available to an individual under applicable law, the JAMS Rules, and the Terms. The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and TheoremReach.
THE PARTIES HEREBY WAIVE THEIR CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY, instead electing that all claims and disputes shall be resolved by arbitration under this Arbitration Agreement. Arbitration procedures are typically more limited, more efficient and less costly than rules applicable in a court and are subject to very limited review by a court. In the event any litigation should arise between you and TheoremReach in any state or federal court in a suit to vacate or enforce an arbitration award or otherwise, YOU AND THEOREMREACH WAIVE ALL RIGHTS TO A JURY TRIAL, instead electing that the dispute be resolved by a judge.
ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS, AND CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER.
All aspects of the arbitration proceeding, including but not limited to the award of the arbitrator and compliance therewith, shall be strictly confidential. The parties agree to maintain confidentiality unless otherwise required by law. This paragraph shall not prevent a party from submitting to a court of law any information necessary to enforce this Agreement, to enforce an arbitration award, or to seek injunctive or equitable relief. If any part or parts of this Arbitration Agreement are found under the law to be invalid or unenforceable with regards to any particular subject matter by a court of competent jurisdiction, then such specific part or parts shall be of no force and effect with regard to such specific subject matter and shall be severed and the remainder of the Agreement shall continue in full force and effect.
Any or all of the rights and limitations set forth in this Arbitration Agreement may be waived by the party against whom the claim is asserted. Such waiver shall not waive or affect any other portion of this Arbitration Agreement.
This Arbitration Agreement will survive the termination of your relationship with TheoremReach.
Notwithstanding the foregoing, either you or TheoremReach may bring an individual action in small claims court.
Notwithstanding the foregoing, either party may seek emergency equitable relief before a state or federal court in order to maintain the status quo pending arbitration. A request for interim measures shall not be deemed a waiver of any other rights or obligations under this Arbitration Agreement.
Notwithstanding the foregoing, claims of defamation, violation of the Computer Fraud and Abuse Act, and infringement or misappropriation of the other party’s patent, copyright, trademark or trade secrets shall not be subject to this Arbitration Agreement.
22. Governing Laws; Jurisdiction and Venue
These Terms and your access to, use of or participation in the Applications/Services shall be governed by and construed in accordance with the laws of the state of Wisconsin, USA, without regard to any portion of any choice of law principles (whether those of Wisconsin or any other jurisdiction) that might provide for application of a different jurisdiction’s laws. All claims or disputes arising in connection with these Terms and/or your access to, use of or participation in the Applications/Services shall be subject to the exclusive jurisdiction of the state or Federal courts located in Dane County, Wisconsin.
23. Miscellaneous Terms
The headings contained in these Terms are for reference only and shall have no effect on the interpretation and/or application of these Terms. TheoremReach’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 TheoremReach from enforcing any subsequent breach by you of these Terms. These Terms and any rules, terms or policies referenced herein or incorporated herein, and any Panel-specific requirements, represent the entire understanding and agreement between TheoremReach and you with respect to the subject matter hereof.
Last updated: April 24, 2023