Terms of Service

Intellectual Property

All content on the Site including logos, articles, materials, documents, text, graphics, survey instruments, methodologies, and other content (collectively, “Site Contents”) and the Services offered by RE/SRCH are the intellectual property of RE/SRCH and are protected by applicable U.S. trademark, trade dress, copyright, and other intellectual property laws. Site Contents and Services may not be copied, imitated, used, reproduced, or disseminated in whole or in part without the prior written permission of RE/SRCH. RE/SRCH reserves the right to revoke any authorization at any time. You may not reverse engineer, decompile, modify, reproduce, distribute, publish, or disassemble any portion of the Site or any Service except to the extent expressly authorized by RE/SRCH in writing.

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All work product, deliverables, surveys, programs, analyses, and other materials developed by RE/SRCH in connection with the Services (“Work Product”) remain the intellectual property of DMSR Consulting LLC. A limited license to use Work Product is granted to paying clients as set forth in the applicable Master Consulting Services Agreement and Statement of Work. Concepts, proposals, or materials presented by RE/SRCH but not contracted and paid for by a client may not be used, reproduced, or implemented in any form.

Eligibility

By using the Site or engaging RE/SRCH for Services, you represent and warrant that you: (a) are at least 18 years of age; (b) have full legal power and authority to enter into an agreement with RE/SRCH, and doing so does not violate any other agreement to which you are a party; (c) will use the Site and Services only for lawful business purposes; and (d) understand that your use of the Site and Services is subject to these Terms. The Site and Services are intended for business clients within the United States. Users located outside the United States use the Site and engage RE/SRCH for Services with the understanding that U.S. law governs the relationship.

General Terms of Use

You must provide accurate and complete information in any inquiry form, proposal request, or engagement documentation submitted to RE/SRCH. By submitting any information to RE/SRCH including contact information, business information, contact lists, or other materials for use in connection with the Services you represent and warrant that such submission is accurate, complete, current, and does not violate any contractual restriction or third-party right.

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RE/SRCH exercises no control over the accuracy or completeness of information submitted by you or on your behalf. RE/SRCH has no obligation to verify the identity of users accessing the Site. We may update our policies, procedures, and practices from time to time at our sole discretion. If you believe someone is misusing or misappropriating your information, please contact us immediately at info@RE-SRCH.com.

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If you provide RE/SRCH with feedback, comments, or ideas about the Site or Services, you agree that RE/SRCH may use that feedback without restriction and without any compensation, attribution, or accounting to you.

Nature of Services; No Professional Guarantee

RE/SRCH ’s Services consist of professional consulting advice, research, survey design and administration, statistical analysis, feedback program development, and related advisory services. All Services and Work Product reflect RE/SRCH ’s professional judgment based on information available at the time of engagement. RE/SRCH does not guarantee any specific business outcome, result, response rate, retention improvement, or other performance metric as a result of any Service or deliverable. Results may vary based on factors outside RE/SRCH ’s control, including Client implementation, market conditions, and respondent behavior.

RE/SRCH ’s Services are not legal, financial, accounting, or regulatory compliance advice. Clients should consult appropriate licensed professionals for advice in those areas.

Data Security and Confidentiality

RE/SRCH will store and process any content, data, or materials submitted by Client in a manner consistent with commercially reasonable security standards. RE/SRCH has implemented appropriate technical, organizational, and administrative systems, policies, and procedures designed to help ensure the security, integrity, and confidentiality of Client information.
If RE/SRCH becomes aware of any unauthorized or unlawful access to, or acquisition, alteration, use, disclosure, or destruction of, personal data related to your engagement (“Security Incident”), RE/SRCH will take reasonable steps to notify you without undue delay, but in no event later than seventy-two (72) hours after becoming aware of the Security Incident. RE/SRCH will reasonably cooperate with Client with respect to any investigation, required notices, or other information reasonably requested in connection with a Security Incident.

RE/SRCH will not disclose or communicate information obtained during a client engagement to any person or entity unassociated with the applicable project, except as required by law or as otherwise set forth in the applicable engagement agreement. No person affiliated with an RE/SRCH engagement may communicate pricing or other agreement details to anyone not directly associated with the planning or rollout of the contracted work.

Prohibited Conduct

By using the Site or engaging RE/SRCH for Services, you expressly agree not to, either personally or through an agent:

•    Use any automated device, robot, spider, script, or other process to harvest information from the Site or about other users.
•    Transmit, upload, or transfer any virus, malware, or other harmful code or process to the Site or any RE/SRCH system.
•    Submit to RE/SRCH any material that is fraudulent, inaccurate, defamatory, offensive, discriminatory, illegal, infringing, or in violation of any third-party right.
•    Transmit or upload any content that violates or infringes the intellectual property rights of any third party, including copyrights, trademarks, trade secrets, patents, or rights of publicity.
•    Use the Site or Services for any unlawful purpose or in violation of any applicable law or regulation.
•    Engage in any action that imposes an unreasonable or disproportionately large load on the Site or RE/SRCH’s systems, or that RE/SRCH determines is detrimental to the use and enjoyment of the Site by others.
•    Provide false or misleading information in connection with any engagement or inquiry.
•    Use or attempt to use the work product, methodologies, surveys, or deliverables developed by RE/SRCH beyond the scope of the license granted in the applicable engagement agreement.

Indemnification

You agree to defend, indemnify, and hold harmless RE/SRCH and its members, managers, officers, employees, agents, and representatives from and against any claim, demand, damage, liability, cost, or expense  including reasonable attorneys’ fees  made by any third party arising out of or related to: (a) your use of the Site or Services; (b) any data, content, contact lists, materials, or other information you submit to RE/SRCH , including any claim that such materials infringe or violate the intellectual property or privacy rights of any third party; (c) your breach of these Terms; or (d) your violation of any applicable law or third-party right. RE/SRCH reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you, in which event you will cooperate with RE/SRCH in asserting any available defenses. RE/SRCH reserves the right to decline Services to any person, at any time, for any lawful reason.

Disclaimer of Warranties

EXCEPT AS EXPRESSLY SET FORTH IN A WRITTEN ENGAGEMENT AGREEMENT SIGNED BY RE/SRCH, THE SITE AND ALL SERVICES AND WORK PRODUCT ARE PROVIDED “AS IS,” “AS AVAILABLE,” AND “WITH ALL FAULTS,” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. RE/SRCH DISCLAIMS ALL IMPLIED WARRANTIES AND CONDITIONS, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. RE/SRCH MAKES NO REPRESENTATION OR WARRANTY THAT: (A) THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (B) ANY SERVICE OR WORK PRODUCT WILL ACHIEVE ANY PARTICULAR BUSINESS RESULT, RESPONSE RATE, OR OUTCOME; (C) THE QUALITY OR ACCURACY OF ANY DELIVERABLE WILL MEET YOUR EXPECTATIONS; OR (D) ANY DEFICIENCIES IN THE SITE OR SERVICES WILL BE CORRECTED. SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF CERTAIN WARRANTIES, IN WHICH CASE THE ABOVE DISCLAIMER APPLIES TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

RE/SRCH is not responsible for any loss or damage arising from your reliance on information obtained from the Site or any deliverable without independently verifying its accuracy or applicability to your specific circumstances. RE/SRCH is not responsible for the availability, accuracy, or content of any third-party site or resource linked from the Site.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, RE/SRCH IS NOT LIABLE FOR ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES INCLUDING WITHOUT LIMITATION LOSS OF BUSINESS, REVENUE, PROFITS, GOODWILL, DATA, OR OTHER ECONOMIC ADVANTAGE ARISING OUT OF OR IN CONNECTION WITH THE SITE, THE SERVICES, OR ANY WORK PRODUCT, EVEN IF RE/SRCH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, HOWEVER THEY ARISE, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, RE/SRCH ’S AGGREGATE LIABILITY FOR ANY CLAIM ARISING OUT OF OR RELATED TO THE SITE OR SERVICES SHALL NOT EXCEED THE TOTAL FEES ACTUALLY PAID BY YOU TO RE/SRCH IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY, IN WHICH CASE THE ABOVE LIMITATION APPLIES TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

Termination

RE/SRCH reserves the right, at its sole discretion and with reasonable notice, to terminate or suspend access to the Site or any Service at any time for any lawful reason, including breach of these Terms. RE/SRCH also reserves the right to discontinue or modify any Service or any portion of the Site with reasonable notice and without liability. You agree that any material breach of these Terms will result in irreparable harm to RE/SRCH for which monetary damages would be an inadequate remedy and that, in addition to any other rights and remedies available at law, RE/SRCH will be entitled to seek equitable relief, including preliminary and permanent injunctive relief, without the requirement to post a bond or other security. Upon termination, all licenses and rights granted to you under these Terms immediately terminate.

Third-Party Content and Links

The Site may contain links to third-party websites, resources, or services. RE/SRCH is not responsible for the availability, content, accuracy, or practices of any third-party site or resource, and does not endorse any third-party content, product, or service. RE/SRCH will not be responsible or liable, directly or indirectly, for any damage or loss caused by or in connection with your use of or reliance on any third-party content or resource accessible through the Site.
RE/SRCH may engage third-party vendors, platforms, or service providers (such as survey distribution platforms or data-processing tools) in connection with the Services. RE/SRCH is not required to disclose all such third parties but will handle data shared with such third parties in accordance with Section 5 and the applicable engagement agreement.

Copyright DMCA

RE/SRCH respects the intellectual property rights of others and expects the same from those who use the Site. RE/SRCH responds to notices of alleged copyright infringement in accordance with the U.S. Digital Millennium Copyright Act (DMCA). If you believe that content on the Site infringes your copyright, please notify RE/SRCH at info@RE-SRCH.com with the information required under the DMCA. If you believe any RE/SRCH user or client is infringing upon your intellectual property rights, please report it promptly.

Governing Law; Venue

These Terms are governed by the laws of the State of Maryland and applicable U.S. federal law, without regard to any choice-of-law rules that would require application of another jurisdiction’s law. You and RE/SRCH agree to submit to the personal and exclusive jurisdiction of the state and federal courts located in the State of Maryland for resolution of any dispute arising under or related to these Terms or your use of the Site or Services.

Entire Agreement; Severability

These Terms, together with any applicable Master Consulting Services Agreement, Statement of Work, and any other written agreement signed by both parties, constitute the entire agreement between you and RE/SRCH with respect to the subject matter hereof and supersede all prior representations or agreements, whether oral or written. If any provision of these Terms is held invalid or unenforceable by any court or law, that provision will be modified to the minimum extent necessary to make it enforceable, and the remaining provisions will remain in full force and effect. RE/SRCH’s failure to enforce any right or provision of these Terms does not constitute a waiver of that right or provision.

Contact

Questions regarding these Terms of Service may be directed to RE/SRCH at info@RE-SRCH.com.