LifePoints Membership Terms and Conditions

Last updated: February 20th 2024

These LifePoints Membership Terms & Conditions (“Terms”, “Agreement”) describe the terms and conditions applicable to the LifePoints Panels operated and owned by Lightspeed LLC, 3 World Trade Center, 175 Greenwich Street, New York, NY 10007 USA ("Lightspeed", “We”), a Kantar group company ("Kantar"). This Agreement sets the commitments of Lightspeed and the LifePoints Panelists in regards to their participation in the Panels (as each capitalized term is defined herein). You should read these Terms, understand them, and review them periodically for updates. Your participation as a LifePoints Panelist means you understand and agree to be bound by this Agreement. If you do not agree to these Terms, do not use our Site or Services.

For clarity, these Terms apply to your access to, and use of, Lightspeed's sites, social and mobile applications (altogether the "Site") and the services provided by Lightspeed, including Lightspeed's LifePoints Panel and related research services.

1. The Services

The Services allow living individuals who meet certain eligibility requirements to register as a member (“Panelist”) of our research panel (the "Panel") and to participate in the various online and offline research activities (“Activities”) made available to them and proposed by Lightspeed (altogether the “Services”). These Activities, always market research-related, are delivered by Lightspeed directly, or through or with the support of, third-parties working for Lightspeed (“Vendors”) or our clients (“Clients”). Virtual agents, robots or other forms of programs that simulate human activity are not permitted to register as Panelists.

2. Service Eligibility and Registration

The Services may be used only by individuals who are at least 14 years of age and are not intended for the use of children under 14 years of age. These Terms, and any associated use of the Services is void where prohibited. In some countries, you may need to be older than 14 to access our Services.

After your registration to the Panels, a Panel account (“Account”) will be created. You are solely responsible for this account, which you need to protect at any times with a password that you must keep securely.

You can only register to our Panel in the country in which you live. You should not try to access our Services from another country as your account may immediately be suspended. This is true regardless of the situation, including if you are on vacation outside of your country.

BY ACCESSING OR USING THE SERVICES, YOU REPRESENT AND WARRANT THAT YOU MEET THESE ELIGIBILITY REQUIREMENTS AND WILL ABIDE BY THE TERMS OF THIS AGREEMENT.

3. Fees for the Services

There is currently no fee for Panelists to participate in the Services. Lightspeed may, in its sole discretion, elect to charge fees for participating in the Services, or to use or access any other services, at any time. If it does, Lightspeed will update these Terms to reflect any such changes and will notify you 30 calendar days in advance.

4. Incentives

Once you have joined the Panel, LifePoints Points (“Points”) or other LifePoints types of incentives will be awarded when you undertake various Activities on the Site, in line with the LifePoints Rewards Program Terms.

Points are credited to your Account and are available for you to redeem as long as your Account is “active” (see section #7 of these terms).

Points have no monetary value, and no value outside of our Services, and will not earn interest. You cannot sell, trade or transfer Points, or exchange them for cash

Each party shall be solely responsible for any tax(es) imposed upon it by applicable law(s), including any taxes on a party’s income, or relating to a party’s receipt of Points pursuant to these Terms.

5. Participation requirements

Your ability to participate in the Services is expressly conditioned upon your compliance with these Terms and with all policies and guidelines applicable to the Services that Lightspeed may make available from time to time. In the event of your non-compliance, fraud or other inappropriate activity (as determined by Lightspeed in its sole discretion), Lightspeed may close or suspend your Account. The closure or the suspension of your Account may restrict, block, limit, and prevent your access to and use of the Services and, further, all Points, incentives and rewards shall be subject to forfeiture (see section section #7 of these terms).

Without limiting the generality of the foregoing, non-compliance any one of the following requirements may automatically lead to the closure of your Accounts, forfeiture of any Points, and all related consequences to your participation in the Panel.

Confidentiality

Non-Use and Nondisclosure. Information and content made available to you as part of the Services may contain trade secrets or other confidential or proprietary information of Lightspeed, its Vendors, Clients or licensors. You must hold in strict confidence and not disclose to any other person any information and content that you access or learn in connection with your participation in any Panel, survey, project, questionnaire, or other market research activity related to the Services. You must not use any such information or content for any purpose other than your participation in the Services in accordance with these Terms.

You hereby agree to notify Lightspeed immediately if you learn of or suspect any use or disclosure of, or access to, any such information or content other than as specifically authorized in these Terms.

Sincere and accurate panel profile information

You agree to (a) provide accurate, current and complete information about you as may be prompted by any registration forms on the Services and (b) maintain and promptly update your panel profile information and any other information you provide to Lightspeed, so as to keep it accurate, current and complete. Registration requires information about You that includes, without limitation, full legal name, date of birth, the address of your primary residence, phone number and functioning email address.

Multiple Accounts

Only one Account per living individual is allowed at any time.

Compliance with laws

You must at any times comply with all applicable laws, rules, regulations, and orders, and not cause Lightspeed to violate any laws, rules, regulations, or orders.

Good-faith and sincere participation

You agree to participate in good faith and to the best of your ability in any Activities in which you participate in connection with the Services. You will not provide false or misleading data, including without limitation, survey responses that are false, inconsistent with prior responses, or statistically improbable.

Appropriate communications

If you communicate with our Support Team or other Lightspeed or LifePoints personnel ("Personnel"), you agree to do so in a respectful and appropriate manner. You shall not send, upload, share or otherwise distribute to Personnel, Personnel of Vendors, or other users of the Services any rude or offensive communications or any content that is obscene, vulgar, sexually-oriented, shock-oriented, threatening, hateful, illegal or otherwise inappropriate.

Quality checks

As a member of our Panels, we need and expect you to participate in line with reasonable but strict quality standards, as indicated in the section “Participation requirements”. We are performing regular checks on the Panels to monitor the interactions of our Panelists with the Services. To perform those checks, we are using several tools and methods, developed in-house or supplied by trusted third-party vendors, which analyze, in real-time or not, data generated by the Services. Such analyses may be supported by artificial intelligence models and engines. Those checks have been developed as a decision-making support tool, allowing our Panel team to identify behaviours which may not be in line with these Terms.

If your account has been identified in such way, you may be asked, at Lightspeed’s sole discretion, to further verify your account. These further verifications may require you to share with us additional identity details or you may be required to perform additional account-security related tasks, such as but not limited to, securing your digital payment account if you use one or to enable multi-factor authentication on your Panel Account.

The protection of Panel Accounts and of our Services is our highest priority and we may add from time-to-time new means and procedures to protect ourselves against fraudulent behaviours or behaviours which we consider as not in line with these Terms.

6. User Content

You may provide information to Lightspeed in connection with your participation in the Activities or otherwise in connection with the Services, including survey responses, ideas, feedback, or other information or content ("User Content"). If you provide any User Content, unless Lightspeed expressly indicates otherwise, you grant Lightspeed, its Vendors and Clients a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such User Content throughout the world in any media for any and all known purposes, without acknowledgement or compensation to you.

By providing any User Content, you represent and warrant that you have the lawful right to provide it, and that it is accurate and complete. You must not provide any User Content that:

Is unlawful, libellous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, false, inaccurate, misleading, fraudulent, or impersonates or misrepresents an affiliation with any person or entity;

Would violate an obligation of confidentiality or the rights of any person or entity, or that would otherwise create liability or violate any local, state, national, or international law, including, without limitation, the regulations of the U.S. Securities and Exchange Commission or any rules of a securities exchange such as the New York Stock Exchange, the American Stock Exchange, or the NASDAQ;

May infringe any patent, trademark, trade secret, copyright, or other intellectual or proprietary right of any person or entity;

Contains any private information of any person or entity, including, without limitation, addresses, phone numbers, email addresses, Social Security numbers, and credit card numbers;

Contains any viruses, corrupted data or other harmful, disruptive, or destructive files or information; or

In the sole judgment of Lightspeed, is objectionable, does not reflect your good faith efforts to be responsive to survey or market research questions, or which may expose Lightspeed or its Vendors or Clients to liability of any type.

You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, original or creative materials, or other information or content provided by you to Lightspeed, to the extent it is not User Content, will become the sole property of Lightspeed. Lightspeed will own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of such information and content for any purpose, commercial or otherwise, without acknowledgment or compensation to you. Further, you hereby grant to Lightspeed a perpetual and irrevocable license to use such information and content for any purpose.

7. Keeping your Account in good standing

When you register to the Panel, Lightspeed will open a panel account (“Account”) for you. You will choose a password for this account. You are, at all times, responsible for maintaining the security of your password and login credentials and your Account. We recommend that you change your password regularly.

When you register to the panel, your Account will have the status Active. It means that you can participate in all Activities you are invited to by Lightspeed, and you can enjoy all Panel benefits such as access our Services, your incentives, contacting our Personnel.

Under certain circumstances, including those described herein, your Account may be closed or suspended by Lightspeed, at which point you will no longer be considered in good standing and will be unable to participate in future Activities and Panel benefits.

Closure of your Account

Your Account can be closed at any time and for any reason, in Lightspeed’s sole discretion, including if you breach these Terms. Without limiting the foregoing, Lightspeed also specifically reserves its right to terminate your Account if Lightspeed’s right to process and use information which is necessary to run the Panel is legally withdrawn, by law or otherwise. Lightspeed may also terminate your membership immediately without specifying a reason.

The closure of your Account means that your access to and use of the Services will be disabled; that your personal data will be deleted from our database after 3 months (giving you the time to appeal) and all Points, incentives and rewards shall be subject to forfeiture. Once your Account is closed, we cannot reinstate it.

Suspension of your Account

Your Account can be suspended at any time and at Lightspeed’s discretion if one of the following situations arise:

No participation after you’ve joined the Panel

If you register to the Panel and do not start a survey within your first 30 days in the Panel.

No participation in the last 90 days

If you don’t start any survey within a 90-day period.

Account security

If our systems detect an anomaly with your Account or if we believe that your Account has been compromised.

Quality

If your participation doesn’t meet the quality criteria specified above in section 5 “Quality checks”.

Your right of second review

If your Account has been suspended or closed, you have the right to ask Lightspeed to investigate the situation and to confirm or reverse the decision which impacts the standing of your Account. To ask Lightspeed for a second review, you need to go to the Panel Site and contact the Panel support team, by selecting the “Right of second review” choice in the contact form. You may be requested to prove your identity. Lightspeed will respond to your petition within 30 days. We will then communicate with you the conclusion of this investigation and our final decision. By agreeing to these Terms, you agree that Lightspeed’s decision is final and that the level of detail shared with you through this right to appeal will be solely determined by Lightspeed.

Your right to close your Account (unsubscribe)

If you wish to unsubscribe from the Panel and close your Account, you can simply close your Account by going to our Site in the account preferences section. Your Account will be immediately closed, and your Points immediately forfeited, and will not be recoverable in the event you change your mind. Your personal data will be deleted in line with our Privacy Policy. In the event that you are unable to close your Account personally, you may also contact our Panel support team through the LifePoints Site, who shall close the Account manually.

8. Confidentiality & Copyright

The Services and other materials contained on the Site or within the Services and Activities provided to you by Lightspeed, including, without limitation, the Lightspeed, Kantar and LifePoints marks, logos, and all information, content, designs, text, graphics, information, data, software, other files, and the selection and arrangement thereof (collectively, the "Content"), are the property of Lightspeed, its Vendors, licensors and clients and are protected by U.S. and international copyright laws.

As long as you comply with these Terms, Lightspeed grants you a limited, revocable, non-transferable, and non-exclusive license to access and use the Services, solely for your personal, non-commercial purposes in accordance with these Terms. Except for those rights expressly granted in these Terms, no other rights are granted, either express or implied, to you under these Terms. Unless explicitly stated in these Terms, nothing in these Terms will be construed as conferring to you any license to intellectual property rights, whether by estoppel, implication or otherwise. This license is revocable at any time.

Any use of the Services or any Content other than as specifically authorized in this Agreement and by applicable laws and regulations, without the prior written permission of Lightspeed, is strictly prohibited and will terminate the license granted in this section. Your Account will be closed immediately without any notification.

For clarity, by agreeing to these Terms, you explicitly agree to refrain posting any Content on the Internet, regardless the type of sites, including but not limited to social sites such as Facebook, Twitter, YouTube. You also refrain taking pictures of Content using a smartphone, a camera or any similar devices. You agree to keep any Content shared with you as confidential as all times, including not discussing Activities with your friends and acquaintances. You hereby acknowledge that any violation of the confidentiality obligations imposed under these Terms would cause irreparable harm Lightspeed and/or its Vendors, and that remedies at law would be inadequate to redress any actual or threatened violation of these Terms. Accordingly, you agree that, in addition to other any other relief available, Lightspeed and/or its Vendors may seek to enforce the confidentiality obligations by temporary and permanent injunctive relief, without posting a bond or proving actual damages.

9. Trademarks

Kantar, LifePoints and Lightspeed marks and logos, and other products, service names or slogans contained in any Content or otherwise within the Services are property of Lightspeed, its Vendors or licensors, and may not be copied, imitated or used, in whole or in part, without the prior written permission of Lightspeed or the applicable right holder. All other trademarks, registered trademarks, product names and company names or logos appearing in the Services or in any Content are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by Lightspeed. All rights are reserved.

10. Disclaimer of Warranties

YOUR USE OF THE SERVICES, INCLUDING, WITHOUT LIMITATION, YOUR USE OF ANY CONTENT, IS AT YOUR SOLE RISK. THE SERVICES AND ALL CONTENT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" WITH ALL FAULTS BASIS. Lightspeed, ITS VENDORS, LICENSORS, AND SUPPLIERS, AND THEIR RESPECTIVE MEMBERS, DIRECTORS, OFFICERS, AGENTS, AND EMPLOYEES (COLLECTIVELY, THE "PROVIDERS") EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

NEITHER Lightspeed NOR ANY OTHER PROVIDERS WARRANT UNINTERRUPTED USE, OPERATION, OR AVAILABILITY OF THE SERVICES OR ANY CONTENT, OR THAT ANY SUBMISSION OR TRANSACTION REQUEST YOU ATTEMPT USING THE SERVICES WILL BE SUCCESSFUL, UNCORRUPTED, OR COMPLETED WITHIN A REASONABLE AMOUNT OF TIME. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DELAY OR LOSS OF ANY KIND THAT RESULTS FROM YOUR ACCESS TO, OR USE OF, THE SERVICES AND THE CONTENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM Lightspeed OR ANY OTHER PROVIDER THROUGH OR FROM THE SERVICES, WILL CREATE ANY WARRANTY REGARDING THE SERVICES THAT IS NOT EXPRESSLY STATED IN THIS AGREEMENT. SOME JURISDICTIONS MAY PROHIBIT A DISCLAIMER OF WARRANTIES AND YOU MAY HAVE OTHER RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.

User-Generated Content, in particular, is provided by and is solely the responsibility of the users providing that Content. No advice or information, whether oral or written, obtained from other users or through the Services, will create any warranty not expressly made herein.

11. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE), UNDER NO CIRCUMSTANCES WILL Lightspeed OR ANY OTHER PROVIDERS WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, REVENUE, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF Lightspeed OR ANY OTHER PROVIDERS HAVE BEEN ADVISED OF THE POSSIBILITY OF THESE DAMAGES), RESULTING FROM YOUR ACCESS TO OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, THE SERVICES OR ANY CONTENT. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE MAXIMUM TOTAL LIABILITY OF Lightspeed AND ALL OTHER PROVIDERS TO YOU FOR ALL CLAIMS UNDER THIS AGREEMENT, WHETHER IN CONTRACT, TORT, OR OTHERWISE, IS THE GREATER OF (A) ANY AMOUNTS PAID BY Lightspeed TO YOU UNDER THIS AGREEMENT IN THE TWELVE MONTHS PRECEDING THE APPLICABLE CLAIM, AND (B) 100 UNITED STATES DOLLARS ($100 USD). EACH PROVISION OF THIS AGREEMENT THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, RELEASES OR EXCLUSION OF DAMAGES IS TO ALLOCATE THE RISKS UNDER THIS AGREEMENT BETWEEN THE PARTIES, AND REFLECTS A FAIR AND REASONABLE ALLOCATION OF THE RISK BETWEEN YOU AND Lightspeed. Lightspeed WOULD NOT BE ABLE TO PROVIDE THE SERVICES AND CONTENT TO YOU ON AN ECONOMICALLY REASONABLE BASIS WITHOUT THESE LIMITATIONS, DISCLAIMERS AND RELEASES, AND THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THIS AGREEMENT. THE LIMITATIONS IN THIS SECTION WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

12. Indemnification

To the maximum extent permitted by applicable law, you will indemnify and hold harmless Lightspeed and all other Providers from and against any costs, damages, expenses, and liabilities (including, but not limited to, reasonable attorneys' fees) arising out of or related to any User Content, your use of the Services or any Content, your violation of this Agreement, or your violation of any rights of a third party. Lightspeed reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify Lightspeed under this Agreement, and you agree to cooperate with our defense of such claims.

13. Third-Party Content

Services may contain links or references to information, content, and services provided by third parties (collectively, "Third-Party Content"). Lightspeed does not monitor or have any control over Third-Party Content. Lightspeed does not endorse or adopt any Third-Party Content and can make no guarantee as to its accuracy or completeness. Lightspeed undertakes no responsibility to update or review any Third-Party Content, and does not represent or warrant the accuracy of any information contained in any Third Party Content. You use any Third-Party Content contained therein at your own risk. Views expressed in Third Party Content are not endorsed by Lightspeed.

14. Privacy

Lightspeed may collect registration data and obtain other information about you through the Services. Please see our Privacy Policy for information regarding Lightspeed's collection, use, and disclosure of such information. Lightspeed will never rent or sell your personal data without your permission.

15. Independent Contractors

You and Lightspeed are independent contractors for all purposes. No agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship is intended or created by this Agreement or by your access to or use of the Services.

16. Termination

Notwithstanding any term of this Agreement, Lightspeed reserves the right, without notice and in its sole discretion (except where otherwise restricted by law), to discontinue or terminate any of the Services, to terminate your license to use the Services, to delete any Accounts, Panel registrations or other accounts, to delete Points without redemption, and to restrict, block, limit, and prevent your access to and use of the Services. Any termination or other action by Lightspeed described in this paragraph will not limit any other remedies available to Lightspeed at law, equity or otherwise.

17. Updates and changes to this Agreement

We reserve the right to change, modify, add or remove portions of the Terms at any time, at our sole discretion. When we update these Terms, we will revise the "updated" date. If the changes are material, we will email you or may ask you to agree to such material changes. You are responsible for reviewing and adhering to the most recent update of these Terms. Your continued use of our Site and Services will always indicate your acceptance of the latest version of these Terms.

Last updated: February 20th 2024

18. Change of panel ownership

If it happens that Lightspeed merges with another company or is purchased by another company or that the Panel is merged with another panel, you grant Lightspeed permission to take the necessary steps to manage your Account through this situation. Lightspeed will take all reasonably necessary steps to protect your personal data and Account-related data, e.g. your Points or your rewards.

19. General Legal Notices

By accessing or using the Services, you consent to receiving electronic communications from Lightspeed. These communications may include notices about your account and information concerning or related to the Services. You agree that any notices, agreements, disclosures, or other communications that Lightspeed sends to you electronically will satisfy any legal communication requirements, including any requirement that communications be in writing.

Lightspeed's failure to act in a particular circumstance does not waive its ability to act with respect to that circumstance or similar circumstances.

Any provision of this Agreement that is found to be invalid, unlawful, or unenforceable will be severed from this Agreement, and the remaining provisions of this Agreement will continue to be in full force and effect. The section headings and titles in this Agreement are for convenience only and have no legal or contractual effect. Any provisions in this Agreement that by their nature should survive the termination of this Agreement (including, without limitation, provisions governing indemnification, limitations on liability, disclaimers of warranty, and ownership of intellectual property) will continue to remain in full force and effect after the termination of this Agreement.

This Agreement, your use of the Site and Lightspeed’s provision of Services is governed by the laws of the State of New York, USA, excluding conflicts of law principles. Any controversy or claim arising out of or relating to the Services or this Agreement must be commenced within one year after the claim arose. Before commencing a claim, you must have satisfied the conditions precedent in this Agreement, including but not limited to, following the requirements for a second review as described in Section 7. The parties hereto further agree that they shall bring any action or proceeding arising from or relating to the Services or this Agreement exclusively in the courts of the State of New York and the Federal courts located in New York, New York (the "Agreed Courts"), and they irrevocably submit to the exclusive jurisdiction of the Agreed Courts, waiving any objection to venue in the Agreed Courts, and waiving any objection that the Agreed Courts are an inconvenient forum or do not have jurisdiction over any party hereto.

EACH PARTY HERETO IRREVOCABLY WAIVES ANY AND ALL RIGHT TO TRIAL BY JURY IN ANY LEGAL PROCEEDING ARISING OUT OF OR RELATING TO THIS AGREEMENT.

This Agreement, including all terms, policies, and guidelines referenced in this Agreement, is the entire agreement between you and Lightspeed concerning the Services. This Agreement supersedes all prior agreements or communications between you and Lightspeed regarding the subject matter of this Agreement.

20. Contacting Lightspeed

If you wish to contact us regarding any questions or concerns about this Agreement or the Services, please contact us directly from our LifePoints Site.

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