Introduction and Eligibility
This agreement is a legally binding contract. It may change as our business changes, and you agree you will review it and any updates regularly. Your continued use of the Services means you accept any changes.
Binding Agreement. These Terms constitute a binding agreement between you and First Insights LLC and its affiliates and subsidiaries (“First Insights” “we,” “us”). “You” and “users” shall mean all visitors to the First Insights Service. You accept these Terms each time you access the First Insights Service. If you do not accept these Terms, you must not use the First Insights Service.
Revisions to Terms. We may revise these Terms at any time by posting an updated version. You should visit this page periodically to review the most current Terms, because you are bound by them. Your continued use of the First Insights Service after a change to these Terms constitutes your binding acceptance of these Terms.
The First Insights Service
The “First Insights Service” means any website, including www.firstinsights.com, mobile application, or Internet service under First Insight’s control, whether partial or otherwise, in connection with providing its services. The First Insights Service provides an online interface that enables visitors to learn about, sign up for, and share information about market research & consulting services
FirstInsights.com Does Not Provide Advice. First Insights provides a platform for users to read about our services. FirstInsights.com may provide educational information, but it does not provide any legal, financial, marketing, or other advice to users and should not be a substitute for professional advice.
FirstInsights.com is Not a Transactional Interface. The First Insights Service does not offer any way to log in, provide ongoing registration credentials or create a membership of any kind. No monetary transactions can be made via FirstInsights.com on any device or platform.
First Insights may communicate with you by email or posting notice on the First Insights Service. You may request that we provide notice of security breaches in writing.
You agree to receive email from us at the email address you provided to us for customer service-related purposes.
Electronic Notices. By using the First Insights Service or providing Personal Information to us, you agree that we may communicate with you electronically regarding security, privacy, and administrative issues relating to your use of the First Insights Service. If we learn of a security system’s breach, we may attempt to notify you electronically by posting a notice on the First Insights Service or sending an email to you. You may have a legal right to receive this notice in writing. To receive free written notice of a security breach (or to withdraw your consent from receiving electronic notice), please write to us at [email protected]
First Insight’s Content Ownership and Use
First Insights owns or has rights to all of the content we make available through the First Insights Service, but you may use it as you use the First Insights Service. You cannot use our logo or trademark without our written permission.
The contents of the First Insights Service include: designs, text, graphics, images, video, information, logos, button icons, software, audio files, computer code, and other First Insights content (collectively, “First Insights Content”). All First Insights Content and the compilation (meaning the collection, arrangement, and assembly) of all First Insights Content are the property of First Insights or its licensors and are protected under copyright, trademark, and other laws.
License to You. We authorize you, subject to these Terms, to access and use the First Insights Service and the First Insights Content solely for the personal use of the First Insights Service, at our discretion. Any other use is expressly prohibited. This license is revocable at any time without notice and with or without cause. Unauthorized use of the First Insights Content may violate copyright, trademark, and applicable communications regulations and statutes and is strictly prohibited. You must preserve all copyright, trademarks, service marks, and other proprietary notices contained in the original First Insights Content on any copy you make of the First Insights Content.
First Insights Marks. “First Insights,” the First Insights logo, and other First Insights logos and product and service names are or may be trademarks of First Insights (the “First Insights Marks”). Without our prior written permission, and except as solely enabled by any link as provided by us, you agree not to display or use the First Insights Marks in any manner.
Suggestions and Submissions
We appreciate your comments, but if you send us creative ideas, we can use them without compensating you.
We appreciate hearing from our users and welcome your comments regarding the First Insights Service. Please be advised, however, that if you send us creative ideas, suggestions, inventions, or materials (“creative ideas”), we shall:
- own, exclusively, all now known or later discovered rights to the creative ideas;
- not be subject to any obligation of confidentiality and shall not be liable for any use or disclosure of any creative ideas; and
- be entitled to unrestricted use of the creative ideas for any purpose whatsoever, commercial or otherwise, without compensation to you or any other person.
First Insight’s Liability
We are not liable for the actions of users when they use the First Insights Service. We may also change the First Insights Service at any time and are not liable for how this may affect you. We do not guarantee the quality or accuracy of any content you view using the First Insights Service or other websites.
Changes to the First Insights Service. We may change, suspend, or discontinue any aspect of the First Insights Service at any time, including hours of operation or availability of the First Insights Service or any feature, without notice or liability.
User Disputes. We are not responsible for any disputes or disagreements between you and any third party you interact with using the First Insights Service. You assume all risk associated with dealing with third parties. You agree to resolve disputes directly with the other party. You release First Insights of all claims, demands, and damages in disputes among users of the First Insights Service. You also agree not to involve us in such disputes. Use caution and common sense when using the First Insights Service.
Content Accuracy. We make no representations about accuracy, reliability, completeness, or timeliness of any contents of the First Insights Service. Similarly, we make no representations about accuracy, reliability, completeness, or timeliness of any data from a third-party service provider or the quality or nature of third-party products or services obtained through the First Insights Service. Use the First Insights Service at your own risk.
Third-Party Websites. The First Insights Service may include links to third party websites and applications. You are responsible for evaluating whether you want to access or use them. We are not responsible for and do not endorse any features, content, advertising, products, or other materials on other websites or applications. You assume all risk and we disclaim all liability arising from your use of them.
Third-Party Functionality. The First Insights Service may allow you to use third-party content and functionality. You use such content or functionality subject to such third parties’ terms and conditions.
We make no promises and disclaim all liability of specific results from the use of the First Insights Service.
Released Parties Defined. “Released Parties” include First Insights and its affiliates, officers, employees, agents, partners, and licensors.
DISCLAIMER OF WARRANTIES
You use the First Insights Service at your own risk. We make no warranties or guarantees.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT: (A) YOUR USE OF THE FIRST INSIGHTS SERVICE IS AT YOUR SOLE RISK, AND THE FIRST INSIGHTS SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND THE RELEASED PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES AS TO PRODUCTS OR SERVICES OFFERED BY BUSINESSES LISTED ON THE FIRST INSIGHTS SERVICE, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT; (B) THE RELEASED PARTIES MAKE NO WARRANTY THAT (i) THE FIRST INSIGHTS SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE FIRST INSIGHTS SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE FIRST INSIGHTS SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY GOODS OR SERVICE AVAILABLE ON THE FIRST INSIGHTS SERVICE WILL MEET YOUR EXPECTATIONS, AND (iv) ANY ERRORS IN THE FIRST INSIGHTS SERVICE WILL BE CORRECTED; AND (C) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE FIRST INSIGHTS SERVICE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF ANY SUCH MATERIAL.
LIMITATION OF LIABILITY AND INDEMNIFICATION
We are not liable for anything that happens to you in connection with your use of the First Insights Service. If you use the First Insights Service in a way that causes us to be included in litigation, you agree to pay all legal fees and costs for Released Parties.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE RELEASED PARTIES SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF FIRST INSIGHTS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE FIRST INSIGHTS SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH, FROM, OR AS A RESULT OF THE FIRST INSIGHTS SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY USER OR THIRD PARTY ON THE FIRST INSIGHTS SERVICE; (v) YOUR RELIANCE ON CONTENT MADE AVAILABLE BY US; OR (vi) ANY OTHER MATTER RELATING TO THE FIRST INSIGHTS SERVICE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS IN THIS PARAGRAPH MAY NOT APPLY TO YOU.
TO THE FULLEST EXTENT POSSIBLE BY LAW, THE RELEASED PARTIES’ MAXIMUM LIABILITY ARISING OUT OF OR IN CONNECTION WITH THE FIRST INSIGHTS SERVICE OR YOUR USE OF FIRST INSIGHTS CONTENT, REGARDLESS OF THE CAUSE OF ACTION (WHETHER IN CONTRACT, TORT, BREACH OF WARRANTY, OR OTHERWISE), WILL NOT EXCEED $100.
You agree to defend, indemnify, and hold harmless the Released Parties from and against any claims, actions, or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from (i) your use of or reliance on any third-party content, (ii) your use of or reliance on any First Insights Content, or (iii) your breach of these Terms. We shall provide notice to you promptly of any such claim, suit, or proceeding.
These Terms constitute the entire agreement between you and First Insights concerning your use of the First Insights Service. Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms remain in full force and effect. The section titles and annotations in these Terms are for convenience only and have no legal or contractual effect.
Arbitration, Class Waiver, and Waiver of Jury Trial
We are located in New York, so all disputes must be resolved there. We will use arbitration to resolve any problems, and you cannot join a class action lawsuit or obtain a jury trial for any disputes you have with us related to your use of the First Insights Service.
These Terms and the relationship between you and First Insights shall be governed by the laws of the state of New York without regard to its conflict of law provisions. You and First Insights agree to submit to the personal and exclusive arbitration of any disputes relating to your use of the First Insights Service under the rules of the American Arbitration Association. Any such arbitration, to the extent necessary, shall be conducted in Manhattan, New York. You covenant not to sue First Insights in any other forum.
You also acknowledge and understand that, with respect to any dispute with the Released Parties arising out of or relating to your use of the First Insights Service or these Terms:
- YOU ARE GIVING UP YOUR RIGHT TO HAVE A TRIAL BY JURY;
- YOU ARE GIVING UP YOUR RIGHT TO SERVE AS A REPRESENTATIVE, AS A PRIVATE ATTORNEY GENERAL, OR IN ANY OTHER REPRESENTATIVE CAPACITY, OR TO PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS, IN ANY LAWSUIT INVOLVING ANY SUCH DISPUTE; AND
- YOU MUST FILE ANY CLAIM WITHIN ONE (1) YEAR AFTER SUCH CLAIM AROSE OR IT IS FOREVER BARRED
First Insights LLC
41 Madison Avenue 31st Floor
New York NY 10010
Updated: May 16, 2018