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Submitted URL: https://www.bofaadvisorypanel.ipsos-forum.com/uc/admin/1fe5/ospe.php?SES=86b5e31258af43ea96aa2331783b1602&syid=18737&sid=18738&act=start&js=0&...
Effective URL: https://www.bofaadvisorypanel.ipsos-forum.com/registration.php?ch_md_sample_type_registration=&ch_md_email_rec_literal_registration=&ch_md_top...
Submission: On November 03 via api from US — Scanned from US
Effective URL: https://www.bofaadvisorypanel.ipsos-forum.com/registration.php?ch_md_sample_type_registration=&ch_md_email_rec_literal_registration=&ch_md_top...
Submission: On November 03 via api from US — Scanned from US
Form analysis 1 forms found in the DOM
POST /registration.php?ch_md_sample_type_registration=&ch_md_email_rec_literal_registration=&ch_md_top_email_recruit_registration=&ch_md_optout_email_recr_registration=&ch_md_cta_email_recruit_registration=&ch_md_email_rec_cm_mmc_registration=&ch_md_qcode_registration=&ch_md_qemailsamp_reg_registration=&ch_md_qptyidtemp_reg_registration=&return_tic=&ch_stage_registration=execute&frmnd=registration
<form
action="/registration.php?ch_md_sample_type_registration=&ch_md_email_rec_literal_registration=&ch_md_top_email_recruit_registration=&ch_md_optout_email_recr_registration=&ch_md_cta_email_recruit_registration=&ch_md_email_rec_cm_mmc_registration=&ch_md_qcode_registration=&ch_md_qemailsamp_reg_registration=&ch_md_qptyidtemp_reg_registration=&return_tic=&ch_stage_registration=execute&frmnd=registration"
method="post" class="form-horizontal">
<div class="row">
<div class="col-md-6">
<div class="" id="form-group-u_email">
<label class="label-placeholder" for="ch_u_email_registration"> E-mail address <span class="form-field-required">*</span>
</label>
<div class="form-elements">
<input type="text" name="ch_u_email_registration" id="ch_u_email_registration" class="form-control" value="" placeholder="E-mail address *" required="">
</div>
</div>
</div>
<div class="col-md-6">
<div class="" id="form-group-u_email2">
<label class="label-placeholder" for="ch_u_email2_registration"> E-mail address (confirm) <span class="form-field-required">*</span>
</label>
<div class="form-elements">
<input type="text" name="ch_u_email2_registration" id="ch_u_email2_registration" class="form-control" value="" placeholder="E-mail address (confirm) *" required="">
</div>
</div>
</div>
</div>
<div class="row" id="reg-group-2">
<div class="col-md-6">
<div class="" id="form-group-u_firstname">
<label class="label-placeholder" for="ch_u_firstname_registration"> First Name <span class="form-field-required">*</span>
</label>
<div class="form-elements">
<input type="text" name="ch_u_firstname_registration" id="ch_u_firstname_registration" class="form-control" value="" placeholder="First Name *" required="">
</div>
</div>
</div>
<div class="col-md-6">
<div class="" id="form-group-u_name">
<label class="label-placeholder" for="ch_u_name_registration"> Last Name <span class="form-field-required">*</span>
</label>
<div class="form-elements">
<input type="text" name="ch_u_name_registration" id="ch_u_name_registration" class="form-control" value="" placeholder="Last Name *" required="">
</div>
</div>
</div>
</div>
<div class="row" id="reg-group-3">
<div class="col-md-1">
<div class="" id="form-group-md_sample_type">
<label class="label-placeholder" for="ch_md_sample_type_registration"> sample_type </label>
<div class="form-elements">
<input type="text" name="ch_md_sample_type_registration" id="ch_md_sample_type_registration" class="form-control" value="" placeholder="sample_type">
</div>
</div>
</div>
<div class="col-md-1">
<div class="" id="form-group-md_cta_email_recruit">
<label class="label-placeholder"> cta </label>
<div class="form-elements">
<input type="checkbox" name="ch_md_cta_email_recruit_registration" id="ch_md_cta_email_recruit_registration" value="">
</div>
</div>
</div>
<div class="col-md-1">
<div class="" id="form-group-md_top_email_recruit">
<label class="label-placeholder"> top </label>
<div class="form-elements">
<input type="checkbox" name="ch_md_top_email_recruit_registration" id="ch_md_top_email_recruit_registration" value="">
</div>
</div>
</div>
<div class="col-md-1">
<div class="" id="form-group-md_optout_email_recr">
<label class="label-placeholder"> optout </label>
<div class="form-elements">
<input type="checkbox" name="ch_md_optout_email_recr_registration" id="ch_md_optout_email_recr_registration" value="">
</div>
</div>
</div>
<div class="col-md-1">
<div class="" id="form-group-md_email_rec_cm_mmc">
<label class="label-placeholder" for="ch_md_email_rec_cm_mmc_registration"> CM_MMC </label>
<div class="form-elements">
<input type="text" name="ch_md_email_rec_cm_mmc_registration" id="ch_md_email_rec_cm_mmc_registration" class="form-control" value="" placeholder="CM_MMC">
</div>
</div>
</div>
<div class="col-md-1">
<div class="" id="form-group-md_email_rec_literal">
<label class="label-placeholder" for="ch_md_email_rec_literal_registration"> Literal Value </label>
<div class="form-elements">
<input type="text" name="ch_md_email_rec_literal_registration" id="ch_md_email_rec_literal_registration" class="form-control" value="" placeholder="Literal Value">
</div>
</div>
</div>
<div class="col-md-1">
<div class="" id="form-group-md_qcode">
<label class="label-placeholder" for="ch_md_qcode_registration"> QCode </label>
<div class="form-elements">
<input type="text" name="ch_md_qcode_registration" id="ch_md_qcode_registration" class="form-control" value="" placeholder="QCode">
</div>
</div>
</div>
<div class="col-md-1">
<div class="" id="form-group-m_email_domain">
<label class="label-placeholder" for="ch_m_email_domain_registration"> Email Domain </label>
<div class="form-elements">
<input type="text" name="ch_m_email_domain_registration" id="ch_m_email_domain_registration" class="form-control" value="" placeholder="Email Domain">
</div>
</div>
</div>
</div>
<div class="row" id="reg-group-4">
<div class="col-md-4">
<div class="" id="form-group-u_account">
<label class="label-placeholder" for="ch_u_account_registration"> Username (will be visible to other members) <span class="form-field-required">*</span>
</label>
<div class="form-elements">
<input type="text" name="ch_u_account_registration" id="ch_u_account_registration" class="form-control" value="" placeholder="Username (will be visible to other members) *" required="">
<div id="account_check"></div>
</div>
</div>
</div>
<div class="col-md-4">
<div class="" id="form-group-u_passwd">
<label class="label-placeholder" for="ch_u_passwd_registration"> Password <span class="form-field-required">*</span>
</label>
<div class="form-elements">
<input type="password" name="ch_u_passwd_registration" id="ch_u_passwd_registration" class="form-control" value="" placeholder="Password *" required="">
<div id="pw_check"></div>
</div>
</div>
</div>
<div class="col-md-4">
<div class="" id="form-group-u_passwd2">
<label class="label-placeholder" for="ch_u_passwd2_registration"> Password (confirm) <span class="form-field-required">*</span>
</label>
<div class="form-elements">
<input type="password" name="ch_u_passwd2_registration" id="ch_u_passwd2_registration" class="form-control" value="" placeholder="Password (confirm) *" required="">
<div id="pw2_check"></div>
</div>
</div>
</div>
</div>
<div class="row" id="reg-group-3">
<div class="col-md-1">
<div class="" id="form-group-m_rout_sid">
<label class="label-placeholder" for="ch_m_rout_sid_registration">
</label>
<div class="form-elements">
<input type="text" name="ch_m_rout_sid_registration" id="ch_m_rout_sid_registration" class="form-control" value="" placeholder="">
</div>
</div>
</div>
<div class="col-md-1">
<div class="" id="form-group-md_qemailsamp_reg">
<label class="label-placeholder" for="ch_md_qemailsamp_reg_registration"> md_qemailsamp_reg </label>
<div class="form-elements">
<input type="text" name="ch_md_qemailsamp_reg_registration" id="ch_md_qemailsamp_reg_registration" class="form-control" value="" placeholder="md_qemailsamp_reg">
</div>
</div>
</div>
<div class="col-md-1">
<div class="" id="form-group-md_qptyidtemp_reg">
<label class="label-placeholder" for="ch_md_qptyidtemp_reg_registration"> md_qptyidtemp_reg </label>
<div class="form-elements">
<input type="text" name="ch_md_qptyidtemp_reg_registration" id="ch_md_qptyidtemp_reg_registration" class="form-control" value="" placeholder="md_qptyidtemp_reg">
</div>
</div>
</div>
<div class="col-md-1">
<div class="" id="form-group-md_pty_id_alias">
<label class="label-placeholder" for="ch_md_pty_id_alias_registration"> md_pty_id_alias </label>
<div class="form-elements">
<input type="text" name="ch_md_pty_id_alias_registration" id="ch_md_pty_id_alias_registration" class="form-control" value="" placeholder="md_pty_id_alias">
</div>
</div>
</div>
</div>
<div class="row">
<label class="col-xs-12" for="ch_captcha_input_registration">Code from image <span class="form-field-required">*</span></label>
<div class="col-xs-8 col-sm-9 col-md-9"><input type="text" name="ch_captcha_input_registration" id="ch_captcha_input_registration" class="form-control" required=""></div>
<div class="col-xs-4 col-sm-3 col-md-3 text-right"><img onclick="play_captcha();" src="https://www.bofaadvisorypanel.ipsos-forum.com/uc/__pixcache/gb8879.customervoice360.com_captcha_518183e0abf922bc6d7b34b1d00d9bbf27c9850d.jpg"
alt="Play CAPTCHA Code" class="img-thumbnail img-responsive captcha-img"><img tabindex="0" onclick="play_captcha();" src="assets_websites/10/Influencers_Panel/speaker_30.png" alt="" class="img-thumbnail img-responsive captcha-icon"></div>
</div>
<div class="row accept-terms">
<label class="checkbox-inline">
<input type="checkbox" name="ch_confirm_privacy_registration" id="ch_confirm_privacy_registration" value="1" required=""> <strong>Accept terms and conditions.</strong>* </label>
<div style="max-width:300px;margin:5px auto;max-height:300px;overflow:scroll;position:relative;border:1px solid #CCC;">
<div style="display:inline-block;width:100%;height:auto;position:relative;text-align:left;background-color:#FFF;padding:5px;font-size:.75em;">
<h3>Summary</h3>
<p> We recommend reading the Terms & Conditions in its entirety, but advise you to pay particular attention to the highlights below: </p>
<ul>
<li> You agree to keep your user name and password information confidential.</li>
<li>You understand that you are responsible for the content and picture posted as part of your profile information.</li>
<li>Certain categories of information such as your user name and profile photo are available to other users, Ipsos and the company sponsoring the project, and therefore will not be kept confidential. </li>
<li>You agree not to post any content that is illegal, threatening, obscene, or invasive of another's privacy or otherwise inappropriate. </li>
<li>You understand that all content posted to the Panel is voluntary and that Ipsos and/or the company sponsoring will own all ideas, developments and/or inventions conceived by you and shared as a result of your participation. </li>
<li>You agree to respect others’ opinions that may be posted during Panel discussions, and will not hold Ipsos responsible for other Panel members’ comments that you may find offensive. </li>
<li>You acknowledge that Ipsos shall have the right (but not the obligation) in their sole discretion to refuse or remove any Content that is posted via the Panel. </li>
<li>You agree to keep all information related to our surveys, new product ideas and product-related information confidential. </li>
<li>You agree not to copy, sell, trade, resell or exploit for any commercial purposes, any portion of the Panel. </li>
<li>You understand that any material downloaded (such as video) is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of such
material. </li>
<li>You understand that cookies, and Java Script/Java must be enabled on your computer in order to access and participate in the Interactive Panel. </li>
<li>You understand that Ipsos shall have the right to disclose your Personal Information in certain cases, such as when mandated by regulatory requirements (e.g., feedback provided is considered a complaint against Merrill Edge and must be
documented). </li>
</ul>
<h3>1. Acceptance of Terms and Conditions</h3>
<p>
<b>Bank of America Advisory Panel</b> is provided to you by Ipsos, subject to the following Terms and Conditions. Use of the Panel Site indicates you accept these terms. If you do not accept these terms, do not use the Panel Site. Ipsos
reserves the right to modify the Terms and Conditions at any time and may update them without notice to you. Terms and Conditions are considered effective upon posting of the modified guidelines on the Panel.
</p>
<p>
<b>Bank of America Advisory Panel</b>, herein known as “the Panel” is defined as an interactive Panel where registered members can answer questions and discussion threads posted to the Panel for research purposes. All content is owned and
controlled by Ipsos and/or its clients. You understand and agree that joining the Panel may include certain communications from Ipsos, such as administrative messages, and that these communications are considered part of the <b>Panel</b>
membership and you will not be able to opt out of receiving them without ceasing to be a member of the Panel. Unless explicitly stated otherwise, any new features that augment or enhance the current Panel, including the release of new
features, shall be subject to these Terms and Conditions. You are responsible for obtaining access to the Panel and that access may involve third party fees (such as Internet service provider or airtime charges). In addition, you must
provide and are responsible for all equipment necessary to access the Panel.
</p>
<h3>2. Registration Information & Privacy Policy</h3>
<p>When you register for the Panel, you will be required to provide your name, e-mail address, mailing address, and other information about you. Any information provided by you or gathered by the Panel during any visit to the Panel shall be
subject to the terms of Ipsos Privacy Policy. For more information, see our full <a href="https://www.bofaadvisorypanel.ipsos-forum.com/privacy_policy.php?frmnd=registration" target="_blank">Privacy Policy</a>. </p>
<p> You will choose a username and password upon completing the Panel registration process. You are responsible for maintaining the confidentiality of the username and password, and are fully responsible for all activities that occur under
your username and password. You agree to (a) immediately notify Ipsos of any unauthorized use of your username and password or any other breach of security, and (b) ensure that you log-out at the end of each Panel session. Ipsos cannot and
will not be liable for any loss or damage arising from your failure to comply with this. </p>
<p> At any time after the completion of the registration process you have the opportunity to add a picture of yourself or your choice. You can visit your profile at any time to add/remove/change your profile photo as well as change your user
name, password and email address. You can access your profile information on the Panel website: click on My Profile and choose My Profile in the dropdown menu, then update your profile details and save the updates you made by clicking on
“Change” at the bottom left of each section. You are fully responsible for the content posted as part of your Profile. You must be 18 years of age or older to access the Panel. </p>
<h3>3. User Profile Information</h3>
<p> We may refuse to grant you, and you may not use, a screen name or email address that is already being used by someone else, that impersonates another person, that belongs to another person (without that person's prior consent), that
violates the intellectual property or other rights of any person, that is vulgar or otherwise offensive, or that we reject for any other reason, at our sole discretion. In consideration of your use of the <b>Panel</b>, you agree that all
information provided in your profile is accurate, true, current, and complete. Ipsos may terminate your account if any of the information provided is found to be inaccurate, false, out of date, or incomplete. </p>
<h3>4. Content of Messages</h3>
<p> You understand that all opinions, information, data, text, messages or any other materials ("Content"), that are publicly posted, are the sole responsibility of the person from which such Content originated.<br><br> You understand that by
using the Panel, you may be exposed to Content that is opinionated, offensive, indecent or objectionable. Under no circumstances will Ipsos be liable in any way for any Content, including, but not limited to, for any errors or omissions in
any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Panel.<br><br> You may NOT use your registration membership or allow anyone
else to use your registration membership to post, email, transmit or otherwise make available:<br>
</p>
<ol type="1">
<li>Content that is abusive, vulgar, obscene, hateful, fraudulent, or that discloses private or personal matters concerning any person. This includes language, information, or images. Masked vulgarity, obscenity or profanity (e.g. “f*ck”)
is deemed to be equivalent to including the actual objectionable word, phrase or symbol in your post, message or otherwise on in the Panel.</li>
<li>Content that is threatening, harassing, libelous, defamatory or abusive, either between Panel members or directed towards an Ipsos moderator, Panel manager or other employee.</li>
<li>"Rants," "slams," or threats of any nature against Ipsos or another company or competitor.</li>
<li>Bigoted, racially, or ethnically offensive comments.</li>
<li>Political or religious statements or commentary (unless within the scope of the topic area of a message board as determined by Ipsos at its sole discretion).</li>
<li>Sexually oriented content (unless within the scope of the topic area of a message board as determined by Ipsos at its sole discretion).</li>
<li>Off-topic comments not related to enterprise communities or the Ipsos platform.</li>
<li>Any material that you don't have the right to transmit under law (such as copyright, patent, trademark, trade secret, securities or other proprietary rights of any party) or under contractual or fiduciary relationships (such as
nondisclosure agreements).</li>
<li>Language that promotes illegal activity or discusses illegal activities with the intent to commit them. This includes any message that solicits or promotes the use of an illegal substance.</li>
<li>Unsolicited or unauthorized advertising, promotional materials, or other forms of solicitation including chain letters, pyramid schemes, class action suits, charitable appeals, "junk mail", or "spam". This includes advertising links in
signatures.</li>
<li>Any file or link to a file that contains viruses, corrupted files, "Trojan Horses," or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or
telecommunications equipment.</li>
<li>Duplicate posts, spam messages, or posts repeated excessively on one or more boards.</li>
<li>Messages designed to evade profanity or other filters.</li>
<li>Personal phone numbers or addresses (to protect privacy).</li>
<li>Personal email addresses, private information such as social security numbers, or other contact information that is not your own, including, but not limited to Ipsos employee's email addresses.</li>
<li>Hyperlinks that lead to sites that violate any of the Panel guidelines.</li>
<li>Any message that impersonates another person or affiliation with an entity, including but not limited to Ipsos.</li>
</ol>
<p> In addition, our guidelines do not permit you to:<br>
</p>
<ol type="1">
<li>Intentionally violate any other applicable law, regulation, contractual or fiduciary relationships (such as by posting inside information, proprietary and confidential information learned or disclosed as part of employment relationships
or under nondisclosure agreements) while accessing and using our site.</li>
<li>Interfere in any way with the operations in the Panel or with a fellow user's message box, including but not limited to mail or "post" bombing, news bombing, other flooding techniques, deliberate attempts to overload a system and
broadcast attacks, or attempts to avoid messaging blocking.</li>
<li>Evade bans or suspensions or otherwise disregard directions from Panel moderators or administrators.<br><br> Panel moderators may at any time and without prior notice remove any posted message or thread, delete words that violate these
guidelines from posted messages, or ban your account for violating the above reasonable provisions.</li>
</ol>
<p> You also agree to NOT use the Panel to:<br></p>
<ol type="1">
<li>Harm minors in any way;</li>
<li>Impersonate any person or entity, including, but not limited to, an Ipsos official, Panel moderator, leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;</li>
<li>Forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Panel;</li>
<li>Disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other users of the Panel are able to type, or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges;</li>
<li>Interfere with or disrupt the Panel or servers or networks connected to the Panel, or disobey any requirements, procedures, policies or regulations of networks connected to the Panel;</li>
<li>Intentionally or unintentionally violate any applicable local, provincial, state, national or international law;</li>
<li>"Stalk" or otherwise harass another;</li>
<li>Collect or store personal data about other users;</li>
</ol>
<p> You acknowledge that Ipsos does not pre-screen Content before it’s posted to the Panel, but that Ipsos and its designees shall have the right (but not the obligation) in their sole discretion to refuse or remove any Content that is posted
via the Panel. <br><br> You acknowledge and agree that Ipsos may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a)
comply with legal process; (b) enforce the Terms and Conditions; (c) respond to claims that any Content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of Ipsos, its Clients, Panel users and the
public.<br><br> You understand that the technical processing and transmission of the Panel, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of
connecting networks or devices.<br><br> Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws
regarding the transmission of technical data exported from the country in which you reside.<br><br> Please note that by submitting any Content to the Panel Site, you are granting Ipsos and/or the sponsoring company nonexclusive, worldwide
rights to republish, redistribute, or otherwise use the Content in perpetuity in any way deemed fit. This includes, but is not limited to, use in marketing and recruitment materials. </p>
<h3>5. Member Generated Content, Content Submitted or Made Available for Inclusion in the Panel</h3>
<p> The content found in the <b>Panel</b> Site comes from a variety of sources, primarily from Panel members. Ipsos makes no claims or representations as to the accuracy, completeness, or truth of any material submitted or found in the
discussion areas. Ipsos is not liable for any website links posted within the discussion areas; website links posted in the discussion areas may link to sites not administered or under the control of Ipsos and users must open such links at
their own risk. Ipsos is not liable for any errors or delays in the content or transmission of postings on the site. Remember that you are responsible for your own decisions to act upon the information provided by Panel members. Ipsos makes
no guaranty of the confidentiality or privacy of any communication or information transmitted on the site, or any web-site linked to the site, or otherwise in connection with the services and Ipsos will not be liable for the privacy of any
e-mail addresses, registration and identification information, confidential or trade-secret information that is publicly posted.<br><br> Your contribution of Content to the Panel is completely voluntary. Ipsos and/or the company sponsoring
this project will own all ideas, whether patentable or not patentable, and all suggestions contributed by you to the Panel, as well as any ideas, developments and/or inventions conceived by you and shared as a result of your participation
in the Panel. Ipsos and/or the sponsoring company may use these ideas, suggestions, developments, and/or inventions in any manner it sees fit without any compensation or attribution to you.<br><br> Any Content you contribute to the Panel
will be considered a “work-made-for-hire” under copyright law for the benefit of Ipsos and/or the sponsoring company. If for any reason such Content is deemed not to be a work-made-for-hire, you hereby assign to Ipsos and/or the sponsoring
company all right and title in and to such Content (including all intellectual property rights), including any renewals. This means that Ipsos and/or the sponsoring company will own all rights in and to the Content you contribute, and no
compensation will be due to you for any reason. </p>
<h3>6. Sharing Content and Information made available on the Panel</h3>
<p> Creating a Profile or adding Content or uploading a picture to your Profile is completely voluntary. Certain information you provide in your public Profile, such as your user name and profile photo are considered publicly available to
everyone including other Panel members, and therefore will not be kept confidential. <br><br> Even after you remove information from your profile or delete your account, copies of that information and all posts and content added to the
Panel will remain viewable by Ipsos and the sponsoring company.<br><br> Unauthorized Use: If your user identification or password(s) is compromised, or if you become aware of any unauthorized use of your account or other breach of security,
you are responsible for promptly notifying us. You can notify us by sending us a message through the Contact Us page located in the footer of the Advisory Panel. </p>
<h3>7. Links to Websites</h3>
<p> The Panel may provide links to other World Wide Web sites or resources. Because Ipsos has no control over such sites and resources, you acknowledge and agree that Ipsos is not responsible for the availability of such external sites or
resources, and does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that Ipsos shall not be responsible
or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource. </p>
<h3>8. Surveys / Threads Directed At Children</h3>
<p> Ipsos is concerned about the safety and privacy of all its users, particularly children. From time to time, survey invitations and threads posted to the Panel may be intended for children under the age of 18. In these instances, the
survey/thread invitation will be sent to the Panel member age 18 or older, asking for either: </p>
<ol type="i">
<li>the teen in the household, age 13 to 17 to conduct the survey;</li>
<li>their child, under the age of 13 to conduct the survey (in some cases, with assistance from the parent)</li>
</ol>
<br>
<p> In the case of surveys being conducted by a child under the age of 13, a Panel member who is the parent must certify that they are at least 18 years old and that they are the legal guardian of the child. The parent must also give their
child permission to access the Panel and all its Content, including threads posted by others. The Panel is designed to appeal to a broad audience. Therefore, as the legal guardian, it is the parent’s responsibility to determine whether any
of the Panel and/or Content are appropriate for their child. </p>
<h3>9. Technology Requirements</h3>
<p>
<b>Cookies</b><br><br> You understand that cookies must be enabled on your computer in order to access and participate in the Panel. <br><br> A cookie is a small bit of information that is stored in a user's browser, often just a code that
contains the server name and a generated string of unique text and numbers. A cookie cannot be used to get data from your hard drive. Cookies are used to store information about what pages you have requested within that specific site. Other
than the personal information already provided during the recruiting process, there is no way for the site to know more about you. <br><br>
<b>Java Script/Java</b><br><br> You understand that you must have Java Script enabled on your computer. Some of the features in the Interactive Panel are programmed using Java Script or Java, and you must have this enabled in order to
complete the surveys and participate in the Interactive Panel.
</p>
<h3>10. Indemnity; Liability</h3>
<p> You agree to indemnify and hold Ipsos, and its subsidiaries, affiliates, officers, agents, co-branders, clients or other partners, and employees, harmless from any claim or demand, including reasonable legal fees, made by any third party
due to or arising out of Content you submit, post, transmit or make available through the Panel, your use of the Panel, your connection to the Panel, your violation of the Terms & Conditions, or your violation of any rights of another.
<br><br> Except where prohibited, you agree that (1) any and all disputes, claims or causes of action arising out or connected with the Panel shall be resolved individually, without resort to any form of class action, and exclusively by
arbitration or alternate dispute resolution, as selected by Ipsos, to take place in the County of New York, State of New York; (2) any and all claims, judgments and awards shall be limited to actual out of pocket costs incurred in
participation but in no event attorney’s fees; and (3) under no circumstances will a member be entitled to obtain awards for and members hereby waive all rights to claim punitive, incidental, special and consequential damages and any other
damages, other than for actual out-of-pocket costs, and any and all rights to have damages multiplied or otherwise increased. Except where prohibited, all issues and questions concerning the construction, validity, interpretation and
enforceability of these Terms & Conditions and the decisions of Ipsos or the Panel Managers in connection with the Panel, shall be governed by and construed in accordance with the laws of the State of New York, without regard for
conflict of laws doctrine. Should any term or provision of this paragraph or any other rule herein be concluded to be void, unenforceable or contrary to applicable law as provided herein, such term or provision shall, but only to the extent
necessary to bring the rule within the requirements of such law, be deemed to be severed from the other terms and conditions; and the remainder of these Terms and Conditions shall be given effect as if it had not included the severed item.
</p>
<h3>11. No Resale of Service</h3>
<p> You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of the Panel (including your Panel username), Content within the Panel, use of the Panel, or access to the Panel. </p>
<h3>12. Ipsos Proprietary Rights</h3>
<p> You acknowledge and agree that the Panel and any necessary software used in connection with the Panel ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You
further acknowledge and agree that Content contained in information presented to you through the Panel is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by
Ipsos, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Panel or the Software, in whole or in part. <br><br> You additionally agree to keep all information provided to you during your
participation in the Community confidential, including but not limited to information related to surveys, new product ideas and product-related information. </p>
<h3>13. Termination</h3>
<p> Ipsos reserves the right, at its sole discretion, to immediately, without notice, suspend or terminate (i) these Terms and Conditions; and/or (ii) your registration(s) with or ability to access the Panel upon any breach by you of these
Terms and Conditions or otherwise. Notwithstanding any termination or expiration of these Terms and Conditions, whether by Ipsos or by you, the terms of Sections 3, 4, 5, 6, 7, 10, 11, 12, 14 and 16 shall survive. </p>
<h3>14. DISCLAIMER OF WARRANTIES</h3>
<p> YOU EXPRESSLY UNDERSTAND AND AGREE THAT: <br><br> YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. IPSOS EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR
IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. <br><br> IPSOS MAKES NO WARRANTY THAT (i) THE Panel WILL MEET YOUR REQUIREMENTS, (ii) THE Panel WILL BE
UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE Panel WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY
YOU THROUGH THE Panel WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED. <br><br> ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE Panel IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT
YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. <br><br> NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE Panel OR THROUGH
THE Panel SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS AND CONDITIONS. <br><br> A SMALL PERCENTAGE OF Panel USERS MAY EXPERIENCE EPILEPTIC SEIZURES WHEN EXPOSED TO CERTAIN LIGHT PATTERNS OR BACKGROUNDS ON A COMPUTER SCREEN OR
WHILE USING THE Panel. CERTAIN CONDITIONS MAY INDUCE PREVIOUSLY UNDETECTED EPILEPTIC SYMPTOMS EVEN IN USERS WHO HAVE NO HISTORY OF PRIOR SEIZURES OR EPILEPSY. IF YOU, OR ANYONE IN YOUR FAMILY, HAVE AN EPILEPTIC CONDITION, CONSULT YOUR
PHYSICIAN PRIOR TO USING THE SERVICE. IMMEDIATELY DISCONTINUE USE OF THE Panel AND CONSULT YOUR PHYSICIAN IF YOU EXPERIENCE ANY OF THE FOLLOWING SYMPTOMS WHILE USING THE Panel -- DIZZINESS, ALTERED VISION, EYE OR MUSCLE TWITCHES, LOSS OF
AWARENESS, DISORIENTATION, ANY INVOLUNTARY MOVEMENT, OR CONVULSIONS. </p>
<h3>15. Copyright</h3>
<p> If you believe that your work has been copied or used in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide our copyright agent with the following information
(“Notice”) in accordance with the Digital Millennium Copyright Act: (1) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest; (2) a description
of the copyrighted work or other intellectual property that you claim has been infringed; (3) a description of where the material that you claim is infringing is located on the site; (4) your address, telephone number, and email address;
(5) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (6) a statement by you, made under penalty of perjury, that the above information in your
Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf. Any Notice of claims of copyright or other intellectual property infringement
must be sent to us at the following address: Ipsos, Social Media Exchange, Member Relations, 222 West Adams Street, Suite 1100, Chicago IL 60606, Attn: Copyright Agent, Attn: Copyright Agent. Please note that this procedure is exclusively
for notifying us that your copyrighted material has been infringed. You can also notify us using the <a href="https://www.bofaadvisorypanel.ipsos-forum.com/contact.php?frmnd=registration">Contact Us</a> page. </p>
<h3>16. Expiration of Points</h3>
<p> Some Panels utilize a points-based program for the redemption of rewards. Where applicable, points never expire as long as you continue to be an active member of the Panel and as long as the points program remains in effect. However, if
you unsubscribe from the panel or if your membership is terminated, your points account will be closed after 45 days. At that time, all points will be forfeited. Not all Panels include this points-based program. </p>
<h3>17. Miscellaneous</h3>
<p> These Terms and Conditions and any other terms or documents referred to herein represent your entire agreement with Ipsos with respect to your use of the Panel or any part thereof. You understand and agree that, except as expressly set
forth herein, these Terms and Conditions are not intended to confer and does not confer any rights or remedies upon any person other than the parties to these Terms and Conditions. If any part of these Terms and Conditions is held invalid
or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. Ipsos’
failure to pursue any available claim or defense pursuant to these Terms and Conditions or otherwise will not be a waiver of such claim or defense. The headings used in these Terms and Conditions are for convenience only, and will have no
effect on the interpretation or legal enforceability of the terms herein. <br>
</p>
<h3>18. Dispute Resolution/Arbitration</h3>
<p>PLEASE READ THIS ARBITRATION PROVISION CAREFULLY. IT AFFECTS YOUR RIGHTS AND THE RIGHTS OF THOSE TO WHOM YOU PROVIDE ACCESS TO YOUR ACCOUNT. <br><br> Except as expressly provided below, you and Ipsos agree that to the fullest extent
permitted by applicable law, any dispute arising out of or relating in any way to the relationship between you and Ipsos and its affiliates, including, but not limited to, disputes arising out of or relating to these Terms and Conditions,
the Community, or your account (including matters occurring prior to the date hereof and disputes with third parties) (collectively, “Claims”) will be resolved by binding arbitration. Further, all disputes or questions relating to
arbitrability, such as questions as to the validity, formation, scope, and enforceability of this arbitration agreement are expressly and conclusively delegated to the arbitrator for resolution. The right and obligation to arbitrate under
this section shall extend to all Claims, including those against or involving third parties such as Ipsos’ or its affiliates’ officers, directors, employees, agents, shareholders, members, partners, subsidiaries, joint ventures, or
contractors, all of whom or which are intended third-party beneficiaries of this arbitration agreement. <br><br> Except as expressly provided herein, any arbitration will be conducted pursuant to the applicable rules (the “Arbitration
Rules”) of the American Arbitration Association (“AAA”). Should the AAA be unavailable, unable, or unwilling to accept and administer the arbitration of any claim under these arbitration provisions as written, the parties shall agree on a
substitute arbitration organization, such as the Judicial Arbitration and Mediation Services (“JAMS”), that will enforce the arbitration provisions as written pursuant to its rules. The parties will select a single arbitrator by mutual
agreement or, if the parties cannot agree, in accordance with the Arbitration Rules. The arbitrator will be a practicing attorney with over ten (10) years’ experience in litigating and/or presiding over cases involving the substantive legal
areas involved in the dispute. The arbitrator shall apply applicable law to all claims and defenses and shall be authorized to award any and all relief permitted by law to the party that prevails on any or all such claims or defenses.
<br><br> The parties shall have an opportunity to conduct discovery sufficient to present a meaningful prosecution or defense of the claims. The arbitrator must issue their award in writing, setting forth in summary form the factual
findings, evidence cited and reasons for the arbitrator’s determination. To the extent permitted by the Arbitration Rules and applicable law, the arbitrator shall have the authority to issue an award or partial award without conducting a
hearing on the grounds that there is no claim on which relief can be granted or that there is no genuine issue of material fact to resolve at the hearing, consistent with Rules 12 and 56 of the Federal Rules of Civil Procedure. The
arbitration will be concluded within three months of the date the arbitrator is appointed. Either party may appeal an award in excess of $75,000 to a three-arbitrator panel administered by the AAA and selected according to the AAA Appellate
Rules by filing a written notice of appeal within thirty (30) days after the date of entry of the arbitration award, which notice will be contemporaneously served on the other party. Because the Terms and Conditions memorialize a
transaction in interstate commerce, the United States Federal Arbitration Act governs the interpretation and enforcement of these arbitration provisions. More information about arbitration, including the Arbitration Rules, is available at
www.adr.org or by calling 1-800-778-7879.<br><br> The following matters will not be subject to arbitration but will instead be adjudicated in an appropriate court: (a) actions to enforce intellectual property rights; (b) any claim or
dispute for which applicable law (as determined by a binding appellate court decision) or the applicable arbitration rules do not permit arbitration and require adjudication in a civil court; and (c) at your election, any claims that fall
within the jurisdiction of an applicable small claims court.<br><br> You also agree that, to the fullest extent permitted by law: (A) CLAIMS MAY ONLY BE BROUGHT IN AN INDIVIDUAL, NON-CLASS, AND NON-REPRESENTATIVE CAPACITY, AND THAT CLAIMS
OF TWO OR MORE PERSONS MAY NOT BE JOINED OR CONSOLIDATED ABSENT CONSENT OF ALL PARTIES; (B) NO CLAIMS MAY BE BROUGHT ON A CLASS, COLLECTIVE, OR OTHER REPRESENTATIVE CAPACITY; AND (C) THE PARTIES HEREBY WAIVE THEIR CONSTITUTIONAL AND
STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JURY, EVEN FOR DISPUTES NOT SUBJECT TO ARBITRATION.<br><br> You can opt out of this arbitration agreement by timely writing to 360 Park Avenue South, 17th Floor, New York, NY
10010 and providing the following information: (1) name; (2) address; (3) phone number; and (4) a clear statement that you wish to opt out of this arbitration agreement. To be effective, the opt-out notice must be mailed no later than
thirty (30) days after the date you become bound by the arbitration agreement by accepting these Terms and Conditions. Please note that you will continue to be bound by any older arbitration provision you did not out opt of and any other
arbitration provision that might otherwise govern the Claims.<br><br> If any provision of this arbitration agreement is found unenforceable, the unenforceable provision shall be severed, and the remaining arbitration terms shall be
enforced, except that if the class, collective, or representative action waiver above is determined to be unenforceable, then the entire arbitration agreement shall be void, except that the jury waiver provision shall remain intact.<br><br>
These Terms and Conditions were last revised on December 16, 2021. </p>
</div>
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* Login
REGISTRATION
We appreciate your interest in becoming a member of the Bank of America Advisory
Panel. This is a private panel where members share their opinions with key
decision makers to influence products, services and programs to improve the
customer banking experience. Every time you complete a survey you will receive
reward points that can be used toward gift cards or charitable donations.
If you experience any problems with this page or have any concerns, please
contact us at support@bofaadvisorypanel.ipsos-forum.com.
Username and password requirements
Your username will be visible to other members when you post in discussion
boards, blogs and online focus groups. Please do not use your Bank of America
online banking username and password for this panel.
Username: Must be a minimum of 6 characters in length and must contain at least
one letter.
Password: Must be between 8 and 20 characters in length and must include at
least one lowercase letter, one uppercase letter, and one number.
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E-mail address *
E-mail address (confirm) *
First Name *
Last Name *
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Password *
Password (confirm) *
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Accept terms and conditions.*
SUMMARY
We recommend reading the Terms & Conditions in its entirety, but advise you to
pay particular attention to the highlights below:
* You agree to keep your user name and password information confidential.
* You understand that you are responsible for the content and picture posted as
part of your profile information.
* Certain categories of information such as your user name and profile photo
are available to other users, Ipsos and the company sponsoring the project,
and therefore will not be kept confidential.
* You agree not to post any content that is illegal, threatening, obscene, or
invasive of another's privacy or otherwise inappropriate.
* You understand that all content posted to the Panel is voluntary and that
Ipsos and/or the company sponsoring will own all ideas, developments and/or
inventions conceived by you and shared as a result of your participation.
* You agree to respect others’ opinions that may be posted during Panel
discussions, and will not hold Ipsos responsible for other Panel members’
comments that you may find offensive.
* You acknowledge that Ipsos shall have the right (but not the obligation) in
their sole discretion to refuse or remove any Content that is posted via the
Panel.
* You agree to keep all information related to our surveys, new product ideas
and product-related information confidential.
* You agree not to copy, sell, trade, resell or exploit for any commercial
purposes, any portion of the Panel.
* You understand that any material downloaded (such as video) is done at your
own discretion and risk and that you will be solely responsible for any
damage to your computer system or loss of data that results from the download
of such material.
* You understand that cookies, and Java Script/Java must be enabled on your
computer in order to access and participate in the Interactive Panel.
* You understand that Ipsos shall have the right to disclose your Personal
Information in certain cases, such as when mandated by regulatory
requirements (e.g., feedback provided is considered a complaint against
Merrill Edge and must be documented).
1. ACCEPTANCE OF TERMS AND CONDITIONS
Bank of America Advisory Panel is provided to you by Ipsos, subject to the
following Terms and Conditions. Use of the Panel Site indicates you accept these
terms. If you do not accept these terms, do not use the Panel Site. Ipsos
reserves the right to modify the Terms and Conditions at any time and may update
them without notice to you. Terms and Conditions are considered effective upon
posting of the modified guidelines on the Panel.
Bank of America Advisory Panel, herein known as “the Panel” is defined as an
interactive Panel where registered members can answer questions and discussion
threads posted to the Panel for research purposes. All content is owned and
controlled by Ipsos and/or its clients. You understand and agree that joining
the Panel may include certain communications from Ipsos, such as administrative
messages, and that these communications are considered part of the Panel
membership and you will not be able to opt out of receiving them without ceasing
to be a member of the Panel. Unless explicitly stated otherwise, any new
features that augment or enhance the current Panel, including the release of new
features, shall be subject to these Terms and Conditions. You are responsible
for obtaining access to the Panel and that access may involve third party fees
(such as Internet service provider or airtime charges). In addition, you must
provide and are responsible for all equipment necessary to access the Panel.
2. REGISTRATION INFORMATION & PRIVACY POLICY
When you register for the Panel, you will be required to provide your name,
e-mail address, mailing address, and other information about you. Any
information provided by you or gathered by the Panel during any visit to the
Panel shall be subject to the terms of Ipsos Privacy Policy. For more
information, see our full Privacy Policy.
You will choose a username and password upon completing the Panel registration
process. You are responsible for maintaining the confidentiality of the username
and password, and are fully responsible for all activities that occur under your
username and password. You agree to (a) immediately notify Ipsos of any
unauthorized use of your username and password or any other breach of security,
and (b) ensure that you log-out at the end of each Panel session. Ipsos cannot
and will not be liable for any loss or damage arising from your failure to
comply with this.
At any time after the completion of the registration process you have the
opportunity to add a picture of yourself or your choice. You can visit your
profile at any time to add/remove/change your profile photo as well as change
your user name, password and email address. You can access your profile
information on the Panel website: click on My Profile and choose My Profile in
the dropdown menu, then update your profile details and save the updates you
made by clicking on “Change” at the bottom left of each section. You are fully
responsible for the content posted as part of your Profile. You must be 18 years
of age or older to access the Panel.
3. USER PROFILE INFORMATION
We may refuse to grant you, and you may not use, a screen name or email address
that is already being used by someone else, that impersonates another person,
that belongs to another person (without that person's prior consent), that
violates the intellectual property or other rights of any person, that is vulgar
or otherwise offensive, or that we reject for any other reason, at our sole
discretion. In consideration of your use of the Panel, you agree that all
information provided in your profile is accurate, true, current, and complete.
Ipsos may terminate your account if any of the information provided is found to
be inaccurate, false, out of date, or incomplete.
4. CONTENT OF MESSAGES
You understand that all opinions, information, data, text, messages or any other
materials ("Content"), that are publicly posted, are the sole responsibility of
the person from which such Content originated.
You understand that by using the Panel, you may be exposed to Content that is
opinionated, offensive, indecent or objectionable. Under no circumstances will
Ipsos be liable in any way for any Content, including, but not limited to, for
any errors or omissions in any Content, or for any loss or damage of any kind
incurred as a result of the use of any Content posted, emailed, transmitted or
otherwise made available via the Panel.
You may NOT use your registration membership or allow anyone else to use your
registration membership to post, email, transmit or otherwise make available:
1. Content that is abusive, vulgar, obscene, hateful, fraudulent, or that
discloses private or personal matters concerning any person. This includes
language, information, or images. Masked vulgarity, obscenity or profanity
(e.g. “f*ck”) is deemed to be equivalent to including the actual
objectionable word, phrase or symbol in your post, message or otherwise on
in the Panel.
2. Content that is threatening, harassing, libelous, defamatory or abusive,
either between Panel members or directed towards an Ipsos moderator, Panel
manager or other employee.
3. "Rants," "slams," or threats of any nature against Ipsos or another company
or competitor.
4. Bigoted, racially, or ethnically offensive comments.
5. Political or religious statements or commentary (unless within the scope of
the topic area of a message board as determined by Ipsos at its sole
discretion).
6. Sexually oriented content (unless within the scope of the topic area of a
message board as determined by Ipsos at its sole discretion).
7. Off-topic comments not related to enterprise communities or the Ipsos
platform.
8. Any material that you don't have the right to transmit under law (such as
copyright, patent, trademark, trade secret, securities or other proprietary
rights of any party) or under contractual or fiduciary relationships (such
as nondisclosure agreements).
9. Language that promotes illegal activity or discusses illegal activities
with the intent to commit them. This includes any message that solicits or
promotes the use of an illegal substance.
10. Unsolicited or unauthorized advertising, promotional materials, or other
forms of solicitation including chain letters, pyramid schemes, class
action suits, charitable appeals, "junk mail", or "spam". This includes
advertising links in signatures.
11. Any file or link to a file that contains viruses, corrupted files, "Trojan
Horses," or any other computer code, files or programs designed to
interrupt, destroy or limit the functionality of any computer software or
hardware or telecommunications equipment.
12. Duplicate posts, spam messages, or posts repeated excessively on one or
more boards.
13. Messages designed to evade profanity or other filters.
14. Personal phone numbers or addresses (to protect privacy).
15. Personal email addresses, private information such as social security
numbers, or other contact information that is not your own, including, but
not limited to Ipsos employee's email addresses.
16. Hyperlinks that lead to sites that violate any of the Panel guidelines.
17. Any message that impersonates another person or affiliation with an entity,
including but not limited to Ipsos.
In addition, our guidelines do not permit you to:
1. Intentionally violate any other applicable law, regulation, contractual or
fiduciary relationships (such as by posting inside information, proprietary
and confidential information learned or disclosed as part of employment
relationships or under nondisclosure agreements) while accessing and using
our site.
2. Interfere in any way with the operations in the Panel or with a fellow
user's message box, including but not limited to mail or "post" bombing,
news bombing, other flooding techniques, deliberate attempts to overload a
system and broadcast attacks, or attempts to avoid messaging blocking.
3. Evade bans or suspensions or otherwise disregard directions from Panel
moderators or administrators.
Panel moderators may at any time and without prior notice remove any posted
message or thread, delete words that violate these guidelines from posted
messages, or ban your account for violating the above reasonable provisions.
You also agree to NOT use the Panel to:
1. Harm minors in any way;
2. Impersonate any person or entity, including, but not limited to, an Ipsos
official, Panel moderator, leader, guide or host, or falsely state or
otherwise misrepresent your affiliation with a person or entity;
3. Forge headers or otherwise manipulate identifiers in order to disguise the
origin of any Content transmitted through the Panel;
4. Disrupt the normal flow of dialogue, cause a screen to "scroll" faster than
other users of the Panel are able to type, or otherwise act in a manner that
negatively affects other users' ability to engage in real time exchanges;
5. Interfere with or disrupt the Panel or servers or networks connected to the
Panel, or disobey any requirements, procedures, policies or regulations of
networks connected to the Panel;
6. Intentionally or unintentionally violate any applicable local, provincial,
state, national or international law;
7. "Stalk" or otherwise harass another;
8. Collect or store personal data about other users;
You acknowledge that Ipsos does not pre-screen Content before it’s posted to the
Panel, but that Ipsos and its designees shall have the right (but not the
obligation) in their sole discretion to refuse or remove any Content that is
posted via the Panel.
You acknowledge and agree that Ipsos may preserve Content and may also disclose
Content if required to do so by law or in the good faith belief that such
preservation or disclosure is reasonably necessary to: (a) comply with legal
process; (b) enforce the Terms and Conditions; (c) respond to claims that any
Content violates the rights of third-parties; or (d) protect the rights,
property, or personal safety of Ipsos, its Clients, Panel users and the public.
You understand that the technical processing and transmission of the Panel,
including your Content, may involve (a) transmissions over various networks; and
(b) changes to conform and adapt to technical requirements of connecting
networks or devices.
Recognizing the global nature of the Internet, you agree to comply with all
local rules regarding online conduct and acceptable Content. Specifically, you
agree to comply with all applicable laws regarding the transmission of technical
data exported from the country in which you reside.
Please note that by submitting any Content to the Panel Site, you are granting
Ipsos and/or the sponsoring company nonexclusive, worldwide rights to republish,
redistribute, or otherwise use the Content in perpetuity in any way deemed fit.
This includes, but is not limited to, use in marketing and recruitment
materials.
5. MEMBER GENERATED CONTENT, CONTENT SUBMITTED OR MADE AVAILABLE FOR INCLUSION
IN THE PANEL
The content found in the Panel Site comes from a variety of sources, primarily
from Panel members. Ipsos makes no claims or representations as to the accuracy,
completeness, or truth of any material submitted or found in the discussion
areas. Ipsos is not liable for any website links posted within the discussion
areas; website links posted in the discussion areas may link to sites not
administered or under the control of Ipsos and users must open such links at
their own risk. Ipsos is not liable for any errors or delays in the content or
transmission of postings on the site. Remember that you are responsible for your
own decisions to act upon the information provided by Panel members. Ipsos makes
no guaranty of the confidentiality or privacy of any communication or
information transmitted on the site, or any web-site linked to the site, or
otherwise in connection with the services and Ipsos will not be liable for the
privacy of any e-mail addresses, registration and identification information,
confidential or trade-secret information that is publicly posted.
Your contribution of Content to the Panel is completely voluntary. Ipsos and/or
the company sponsoring this project will own all ideas, whether patentable or
not patentable, and all suggestions contributed by you to the Panel, as well as
any ideas, developments and/or inventions conceived by you and shared as a
result of your participation in the Panel. Ipsos and/or the sponsoring company
may use these ideas, suggestions, developments, and/or inventions in any manner
it sees fit without any compensation or attribution to you.
Any Content you contribute to the Panel will be considered a
“work-made-for-hire” under copyright law for the benefit of Ipsos and/or the
sponsoring company. If for any reason such Content is deemed not to be a
work-made-for-hire, you hereby assign to Ipsos and/or the sponsoring company all
right and title in and to such Content (including all intellectual property
rights), including any renewals. This means that Ipsos and/or the sponsoring
company will own all rights in and to the Content you contribute, and no
compensation will be due to you for any reason.
6. SHARING CONTENT AND INFORMATION MADE AVAILABLE ON THE PANEL
Creating a Profile or adding Content or uploading a picture to your Profile is
completely voluntary. Certain information you provide in your public Profile,
such as your user name and profile photo are considered publicly available to
everyone including other Panel members, and therefore will not be kept
confidential.
Even after you remove information from your profile or delete your account,
copies of that information and all posts and content added to the Panel will
remain viewable by Ipsos and the sponsoring company.
Unauthorized Use: If your user identification or password(s) is compromised, or
if you become aware of any unauthorized use of your account or other breach of
security, you are responsible for promptly notifying us. You can notify us by
sending us a message through the Contact Us page located in the footer of the
Advisory Panel.
7. LINKS TO WEBSITES
The Panel may provide links to other World Wide Web sites or resources. Because
Ipsos has no control over such sites and resources, you acknowledge and agree
that Ipsos is not responsible for the availability of such external sites or
resources, and does not endorse and is not responsible or liable for any
Content, advertising, products, or other materials on or available from such
sites or resources. You further acknowledge and agree that Ipsos shall not be
responsible or liable, directly or indirectly, for any damage or loss caused or
alleged to be caused by or in connection with use of or reliance on any such
Content, goods or services available on or through any such site or resource.
8. SURVEYS / THREADS DIRECTED AT CHILDREN
Ipsos is concerned about the safety and privacy of all its users, particularly
children. From time to time, survey invitations and threads posted to the Panel
may be intended for children under the age of 18. In these instances, the
survey/thread invitation will be sent to the Panel member age 18 or older,
asking for either:
i. the teen in the household, age 13 to 17 to conduct the survey;
ii. their child, under the age of 13 to conduct the survey (in some cases, with
assistance from the parent)
In the case of surveys being conducted by a child under the age of 13, a Panel
member who is the parent must certify that they are at least 18 years old and
that they are the legal guardian of the child. The parent must also give their
child permission to access the Panel and all its Content, including threads
posted by others. The Panel is designed to appeal to a broad audience.
Therefore, as the legal guardian, it is the parent’s responsibility to determine
whether any of the Panel and/or Content are appropriate for their child.
9. TECHNOLOGY REQUIREMENTS
Cookies
You understand that cookies must be enabled on your computer in order to access
and participate in the Panel.
A cookie is a small bit of information that is stored in a user's browser, often
just a code that contains the server name and a generated string of unique text
and numbers. A cookie cannot be used to get data from your hard drive. Cookies
are used to store information about what pages you have requested within that
specific site. Other than the personal information already provided during the
recruiting process, there is no way for the site to know more about you.
Java Script/Java
You understand that you must have Java Script enabled on your computer. Some of
the features in the Interactive Panel are programmed using Java Script or Java,
and you must have this enabled in order to complete the surveys and participate
in the Interactive Panel.
10. INDEMNITY; LIABILITY
You agree to indemnify and hold Ipsos, and its subsidiaries, affiliates,
officers, agents, co-branders, clients or other partners, and employees,
harmless from any claim or demand, including reasonable legal fees, made by any
third party due to or arising out of Content you submit, post, transmit or make
available through the Panel, your use of the Panel, your connection to the
Panel, your violation of the Terms & Conditions, or your violation of any rights
of another.
Except where prohibited, you agree that (1) any and all disputes, claims or
causes of action arising out or connected with the Panel shall be resolved
individually, without resort to any form of class action, and exclusively by
arbitration or alternate dispute resolution, as selected by Ipsos, to take place
in the County of New York, State of New York; (2) any and all claims, judgments
and awards shall be limited to actual out of pocket costs incurred in
participation but in no event attorney’s fees; and (3) under no circumstances
will a member be entitled to obtain awards for and members hereby waive all
rights to claim punitive, incidental, special and consequential damages and any
other damages, other than for actual out-of-pocket costs, and any and all rights
to have damages multiplied or otherwise increased. Except where prohibited, all
issues and questions concerning the construction, validity, interpretation and
enforceability of these Terms & Conditions and the decisions of Ipsos or the
Panel Managers in connection with the Panel, shall be governed by and construed
in accordance with the laws of the State of New York, without regard for
conflict of laws doctrine. Should any term or provision of this paragraph or any
other rule herein be concluded to be void, unenforceable or contrary to
applicable law as provided herein, such term or provision shall, but only to the
extent necessary to bring the rule within the requirements of such law, be
deemed to be severed from the other terms and conditions; and the remainder of
these Terms and Conditions shall be given effect as if it had not included the
severed item.
11. NO RESALE OF SERVICE
You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for
any commercial purposes, any portion of the Panel (including your Panel
username), Content within the Panel, use of the Panel, or access to the Panel.
12. IPSOS PROPRIETARY RIGHTS
You acknowledge and agree that the Panel and any necessary software used in
connection with the Panel ("Software") contain proprietary and confidential
information that is protected by applicable intellectual property and other
laws. You further acknowledge and agree that Content contained in information
presented to you through the Panel is protected by copyrights, trademarks,
service marks, patents or other proprietary rights and laws. Except as expressly
authorized by Ipsos, you agree not to modify, rent, lease, loan, sell,
distribute or create derivative works based on the Panel or the Software, in
whole or in part.
You additionally agree to keep all information provided to you during your
participation in the Community confidential, including but not limited to
information related to surveys, new product ideas and product-related
information.
13. TERMINATION
Ipsos reserves the right, at its sole discretion, to immediately, without
notice, suspend or terminate (i) these Terms and Conditions; and/or (ii) your
registration(s) with or ability to access the Panel upon any breach by you of
these Terms and Conditions or otherwise. Notwithstanding any termination or
expiration of these Terms and Conditions, whether by Ipsos or by you, the terms
of Sections 3, 4, 5, 6, 7, 10, 11, 12, 14 and 16 shall survive.
14. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS
IS" AND "AS AVAILABLE" BASIS. IPSOS EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY
KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND
NON-INFRINGEMENT.
IPSOS MAKES NO WARRANTY THAT (i) THE Panel WILL MEET YOUR REQUIREMENTS, (ii) THE
Panel WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS
THAT MAY BE OBTAINED FROM THE USE OF THE Panel WILL BE ACCURATE OR RELIABLE,
(iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL
PURCHASED OR OBTAINED BY YOU THROUGH THE Panel WILL MEET YOUR EXPECTATIONS, AND
(V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE Panel IS
DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR
ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE
DOWNLOAD OF ANY SUCH MATERIAL.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE
Panel OR THROUGH THE Panel SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE
TERMS AND CONDITIONS.
A SMALL PERCENTAGE OF Panel USERS MAY EXPERIENCE EPILEPTIC SEIZURES WHEN EXPOSED
TO CERTAIN LIGHT PATTERNS OR BACKGROUNDS ON A COMPUTER SCREEN OR WHILE USING THE
Panel. CERTAIN CONDITIONS MAY INDUCE PREVIOUSLY UNDETECTED EPILEPTIC SYMPTOMS
EVEN IN USERS WHO HAVE NO HISTORY OF PRIOR SEIZURES OR EPILEPSY. IF YOU, OR
ANYONE IN YOUR FAMILY, HAVE AN EPILEPTIC CONDITION, CONSULT YOUR PHYSICIAN PRIOR
TO USING THE SERVICE. IMMEDIATELY DISCONTINUE USE OF THE Panel AND CONSULT YOUR
PHYSICIAN IF YOU EXPERIENCE ANY OF THE FOLLOWING SYMPTOMS WHILE USING THE Panel
-- DIZZINESS, ALTERED VISION, EYE OR MUSCLE TWITCHES, LOSS OF AWARENESS,
DISORIENTATION, ANY INVOLUNTARY MOVEMENT, OR CONVULSIONS.
15. COPYRIGHT
If you believe that your work has been copied or used in a way that constitutes
copyright infringement, or your intellectual property rights have been otherwise
violated, please provide our copyright agent with the following information
(“Notice”) in accordance with the Digital Millennium Copyright Act: (1) an
electronic or physical signature of the person authorized to act on behalf of
the owner of the copyright or other intellectual property interest; (2) a
description of the copyrighted work or other intellectual property that you
claim has been infringed; (3) a description of where the material that you claim
is infringing is located on the site; (4) your address, telephone number, and
email address; (5) a statement by you that you have a good faith belief that the
disputed use is not authorized by the copyright owner, its agent, or the law;
and (6) a statement by you, made under penalty of perjury, that the above
information in your Notice is accurate and that you are the copyright or
intellectual property owner or authorized to act on the copyright or
intellectual property owner's behalf. Any Notice of claims of copyright or other
intellectual property infringement must be sent to us at the following address:
Ipsos, Social Media Exchange, Member Relations, 222 West Adams Street, Suite
1100, Chicago IL 60606, Attn: Copyright Agent, Attn: Copyright Agent. Please
note that this procedure is exclusively for notifying us that your copyrighted
material has been infringed. You can also notify us using the Contact Us page.
16. EXPIRATION OF POINTS
Some Panels utilize a points-based program for the redemption of rewards. Where
applicable, points never expire as long as you continue to be an active member
of the Panel and as long as the points program remains in effect. However, if
you unsubscribe from the panel or if your membership is terminated, your points
account will be closed after 45 days. At that time, all points will be
forfeited. Not all Panels include this points-based program.
17. MISCELLANEOUS
These Terms and Conditions and any other terms or documents referred to herein
represent your entire agreement with Ipsos with respect to your use of the Panel
or any part thereof. You understand and agree that, except as expressly set
forth herein, these Terms and Conditions are not intended to confer and does not
confer any rights or remedies upon any person other than the parties to these
Terms and Conditions. If any part of these Terms and Conditions is held invalid
or unenforceable, that portion shall be construed in a manner consistent with
applicable law to reflect, as nearly as possible, the original intentions of the
parties, and the remaining portions shall remain in full force and effect.
Ipsos’ failure to pursue any available claim or defense pursuant to these Terms
and Conditions or otherwise will not be a waiver of such claim or defense. The
headings used in these Terms and Conditions are for convenience only, and will
have no effect on the interpretation or legal enforceability of the terms
herein.
18. DISPUTE RESOLUTION/ARBITRATION
PLEASE READ THIS ARBITRATION PROVISION CAREFULLY. IT AFFECTS YOUR RIGHTS AND THE
RIGHTS OF THOSE TO WHOM YOU PROVIDE ACCESS TO YOUR ACCOUNT.
Except as expressly provided below, you and Ipsos agree that to the fullest
extent permitted by applicable law, any dispute arising out of or relating in
any way to the relationship between you and Ipsos and its affiliates, including,
but not limited to, disputes arising out of or relating to these Terms and
Conditions, the Community, or your account (including matters occurring prior to
the date hereof and disputes with third parties) (collectively, “Claims”) will
be resolved by binding arbitration. Further, all disputes or questions relating
to arbitrability, such as questions as to the validity, formation, scope, and
enforceability of this arbitration agreement are expressly and conclusively
delegated to the arbitrator for resolution. The right and obligation to
arbitrate under this section shall extend to all Claims, including those against
or involving third parties such as Ipsos’ or its affiliates’ officers,
directors, employees, agents, shareholders, members, partners, subsidiaries,
joint ventures, or contractors, all of whom or which are intended third-party
beneficiaries of this arbitration agreement.
Except as expressly provided herein, any arbitration will be conducted pursuant
to the applicable rules (the “Arbitration Rules”) of the American Arbitration
Association (“AAA”). Should the AAA be unavailable, unable, or unwilling to
accept and administer the arbitration of any claim under these arbitration
provisions as written, the parties shall agree on a substitute arbitration
organization, such as the Judicial Arbitration and Mediation Services (“JAMS”),
that will enforce the arbitration provisions as written pursuant to its rules.
The parties will select a single arbitrator by mutual agreement or, if the
parties cannot agree, in accordance with the Arbitration Rules. The arbitrator
will be a practicing attorney with over ten (10) years’ experience in litigating
and/or presiding over cases involving the substantive legal areas involved in
the dispute. The arbitrator shall apply applicable law to all claims and
defenses and shall be authorized to award any and all relief permitted by law to
the party that prevails on any or all such claims or defenses.
The parties shall have an opportunity to conduct discovery sufficient to present
a meaningful prosecution or defense of the claims. The arbitrator must issue
their award in writing, setting forth in summary form the factual findings,
evidence cited and reasons for the arbitrator’s determination. To the extent
permitted by the Arbitration Rules and applicable law, the arbitrator shall have
the authority to issue an award or partial award without conducting a hearing on
the grounds that there is no claim on which relief can be granted or that there
is no genuine issue of material fact to resolve at the hearing, consistent with
Rules 12 and 56 of the Federal Rules of Civil Procedure. The arbitration will be
concluded within three months of the date the arbitrator is appointed. Either
party may appeal an award in excess of $75,000 to a three-arbitrator panel
administered by the AAA and selected according to the AAA Appellate Rules by
filing a written notice of appeal within thirty (30) days after the date of
entry of the arbitration award, which notice will be contemporaneously served on
the other party. Because the Terms and Conditions memorialize a transaction in
interstate commerce, the United States Federal Arbitration Act governs the
interpretation and enforcement of these arbitration provisions. More information
about arbitration, including the Arbitration Rules, is available at www.adr.org
or by calling 1-800-778-7879.
The following matters will not be subject to arbitration but will instead be
adjudicated in an appropriate court: (a) actions to enforce intellectual
property rights; (b) any claim or dispute for which applicable law (as
determined by a binding appellate court decision) or the applicable arbitration
rules do not permit arbitration and require adjudication in a civil court; and
(c) at your election, any claims that fall within the jurisdiction of an
applicable small claims court.
You also agree that, to the fullest extent permitted by law: (A) CLAIMS MAY ONLY
BE BROUGHT IN AN INDIVIDUAL, NON-CLASS, AND NON-REPRESENTATIVE CAPACITY, AND
THAT CLAIMS OF TWO OR MORE PERSONS MAY NOT BE JOINED OR CONSOLIDATED ABSENT
CONSENT OF ALL PARTIES; (B) NO CLAIMS MAY BE BROUGHT ON A CLASS, COLLECTIVE, OR
OTHER REPRESENTATIVE CAPACITY; AND (C) THE PARTIES HEREBY WAIVE THEIR
CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF
A JURY, EVEN FOR DISPUTES NOT SUBJECT TO ARBITRATION.
You can opt out of this arbitration agreement by timely writing to 360 Park
Avenue South, 17th Floor, New York, NY 10010 and providing the following
information: (1) name; (2) address; (3) phone number; and (4) a clear statement
that you wish to opt out of this arbitration agreement. To be effective, the
opt-out notice must be mailed no later than thirty (30) days after the date you
become bound by the arbitration agreement by accepting these Terms and
Conditions. Please note that you will continue to be bound by any older
arbitration provision you did not out opt of and any other arbitration provision
that might otherwise govern the Claims.
If any provision of this arbitration agreement is found unenforceable, the
unenforceable provision shall be severed, and the remaining arbitration terms
shall be enforced, except that if the class, collective, or representative
action waiver above is determined to be unenforceable, then the entire
arbitration agreement shall be void, except that the jury waiver provision shall
remain intact.
These Terms and Conditions were last revised on December 16, 2021.
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