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ErliBird Participant Terms of Usage Agreement

This Participant Terms of Usage Agreement ("Agreement") sets forth the legally binding terms under which you (“Participant”) may participate in ErliBird focus groups, beta tests, and usability tests (collectively called “Focus Groups”). ErliBird’s website and associated products and services (“Services”) are found at the domain and associated subdomains of erlibird.com (“Website”). ErliBird products and services are provided by ErliBird Nest, Inc (hereafter described as "ErliBird", "we", "us", "our")).

You agree to be bound and abide by this Agreement if you (a) sign up or use ErliBird as a member; or (b) apply to participate in a Focus Group, or (c) participate in a Focus Group.

Amendments and Modifications

ErliBird may modify this Agreement from time to time without prior notice, and any changes to the Agreement are immediately effective upon posting the Agreement to the ErliBird Website. You agree, and it is your responsibility, to review this Agreement regularly to ensure you are aware of any changes.

Eligibility

To use ErliBird Services, you must be able to form a binding contract with ErliBird in compliance with all applicable laws and these terms of Agreement.

You must be an individual over the age of eighteen (18). To become a Member of the Website, you must read and accept all of the terms and conditions in this Agreement. By using ErliBird Services, you represent and warrant that you (a) meet the requirements defined of this "Eligibility" section; (b) agree and abide by the requirements of the terms and conditions of this Agreement; (c) are financially responsible for your use of the Website; and (d) acknowledge and agree that ErliBird reserves the right to suspend, terminate, or refuse service to anyone, for any reason, or for no reason. You represent and warrant that you are not required to register as a sex offender with any government entity, and that you have never been convicted of a felony.

Description of Website

The website allows clients (“Product Owners”) to collect ideas and feedback from Participants through a focus group of one or more users (“Focus Group”). The primary function of the website is to help match Product Owners to Participants and facilitate the collection of market research data for clients.

Participants are independent service providers that use the Website to provide their services to clients.

ErliBird Product Owners are to be considered third party beneficiaries of this Agreement.

Independent Contractors

As a Participant, you are acting as independent contractor for ErliBird. You are not an employee, agent, or legal representative of ErliBird and are not entitled to any benefits. You are solely responsible for your own taxes, including the determination of any tax liabilities from payments received by ErliBird. If you have U.S. tax obligations, you may be required to provide a W-9 to ErliBird.

Process & Guidelines for Participants

For each Focus Group, Participants are invited to review the prerequisites, requirements, and any associated compensation, whether in the form of money or other rewards.

As a Participant, you are entirely and solely responsible for deciding if the financial aspects and business requirements of the Focus Group are satisfactory, and if you would like to apply to become a member of the Focus Group (“Focus Group Member”) by completing the focus group application (“Focus Group Application”). Only a portion of the Participants that complete a Focus Group Application are selected and accepted as Focus Group Members. This selection process is a competitive process among the applications, and based on each Participant’s history on ErliBird, Focus Group Application responses, interests, demographic and profile data, and general client preferences.

You are responsible for providing your own equipment, tools, and supplies required for any Focus Group and bearing all costs, which may include but not be limited to a computer, phone, internet service, and a work environment. No expenses that you incur for participating in a Focus Group will be reimbursed.

You are entirely responsible for determining when, where, and how the Focus Group requirements and deliverables are completed, within the scope of the project requirements.

Payments And Rewards For Participants

As specified in the details for each Focus Group, we provide payments or other rewards to accepted Focus Group Members in exchange for completing the requirements and associated tasks and Feedback. The majority of the Focus Groups offer compensation of $10.

Payments are made using PayPal and it is a requirement that you have a PayPal account which can receive payments from the United States. Most payments to PayPal accounts incur standard PayPal fees that are charged directly by PayPal (contact PayPal to learn what fees will apply for you).

We employ automated, random, and manual methods to detect spam and other security issues. At our sole discretion and for any reason or no reason, prior to receiving a payment, you may be required to validate your identity, provide proof of identification (driver’s license, passport, etc), and obtain a Verified PayPal account.

We reserve the right to deny and withhold payments and rewards to any Participant that is found or suspected to have (a) provided incorrect or misleading information; or (b) failed to meet the Focus Group requirements; or (c) provided low quality Feedback; or (d) maintained multiple accounts on ErliBird; or (e) cheated or manipulated the Service in any way.

There are no guarantees about how many Focus Group invites you will receive each month. Most users receive 0-5 invites. It is not possible to receive a consistent or meaningful income by using ErliBird alone.

Ownership of Feedback

“Feedback” shall be defined as any information or other reaction or input provided by a Participant concerning a product, including without limitation, response to a questionnaire, survey, live chat, video, audio, screen capture or other results or reports made in connection with users’ participation through a Focus Group.

For any and all Feedback that you provide, you hereby assign to ErliBird without any limitation and for no additional consideration, all of your right, title and interest in such Feedback, including without any limitation, all Intellectual Property Rights. You agree that in connection with any such assignment you reserve no rights.

You agree to release and hold harmless ErliBird and our officers, directors, managers, employees, agents and all third party beneficiaries to this Agreement, and all associated heirs, assigns, and successors, from all claims, damages, expenses or proceedings of any kind related to (a) the transfer, assignment, or exercise of rights contained within this section; or (b) any allegations that any of the activities by ErliBird or such third party infringe your or anyone else's Intellectual Property Rights.

In accordance with our privacy policy, you agree to grant to ErliBird a royalty-free, worldwide, fully paid-up, perpetual, irrevocable, non-exclusive right and license to exercise the copyright, publicity, and database rights you have in your profile and account information, including any data generated or gathered through your use of the website.

You agree that any payment or reward that you might receive as a result of submitting Feedback may be inadequate in comparison to the benefits derived by the Product Owner, and may be below fair market value, and you agree to bear this risk through your participation.

Warranty Disclaimer

ERLIBIRD IS PROVIDED "AS-IS" AND "AS AVAILABLE" WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE. ERLIBIRD TRIES TO KEEP THE WEBSITE SAFE, SECURE, BUG-FREE, AND AVAILABLE, BUT WE DO NOT GUARANTEE THAT THE ErliBird WEBSITE WILL BE SAFE, SECURE, AVAILABLE, OR BUG-FREE. YOU USE THE WEBSITE AT YOUR OWN RISK. ERLIBIRD DOES NOT WARRANT OR GUARANTEE THE QUALITY, RELIABILITY, ACCURACY, AVAILABILITY AND SECURITY OF THE ERLIBIRD WEBSITE, OR CONTENT ON THE WEBSITE.

THE ERLIBIRD WEBSITE IS DEVELOPED AND CONTROLLED IN THE UNITED STATES OF AMERICA. WE DO NOT GUARANTEE THAT THE WEBSITE IS AVAILABLE OR SUITABLE IN OTHER JURISDICTIONS AND THOSE THAT ACCESS THE SITE FROM OTHER JURISDICTIONS DO SO AT THEIR OWN RISK AND ARE SOLELY RESPONSIBLE TO COMPLY WITH ALL APPLICABLE UNITED STATES AND LOCAL LAWS.

APPLICABLE LAW IN SOME JURISDICTIONS DOES NOT ALLOW FOR ALL LIMITATIONS ON IMPLIED WARRANTIES, SO SOME OR ALL OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.

Limitation of Liability

YOU AGREE THAT IN NO EVENT SHALL ERLIBIRD OR OUR THIRD PARTY SERVICE PROVIDERS BE LIABLE TO YOU OR ANY OTHER MEMBER FOR ANY INCIDENTAL, SPECIAL, INDIRECT, CONSEQUENTIAL OR PUNITIVE DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO, LOSS OF BUSINESS OPPORTUNITIES, LOSS OF PROFITS, DISCLOSURE OF CONFIDENTIAL INFORMATION, LOSS OF PRIVACY, OR LOSS OF GOODWILL, ARISING OUT OF OR RELATED TO YOUR USE OF THE ERLIBIRD WEBSITE OR SERVICE, EVEN IF ERLIBIRD HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

NOTWITHSTANDING ANYTHING TO THE CONTRARY, ERLIBIRD’S AGGREGATE LIABILITY TO YOU FOR ANY CAUSE OR CLAIM RELATED TO THE ERLIBIRD WEBSITE OR SERVICE WILL AT ALL TIMES NOT EXCEED THE TOTAL SERVICE FEES PAID BY YOU TO ERLIBIRD DURING THE SIX (6) MONTH PERIOD IMMEDIATELY PRECEDING THE DETERMINATION OF LIABILITY.

APPLICABLE LAW IN SOME JURISDICTIONS DOES NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OR ALL OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. ERLIBIRD’S LIABILITY SHALL BE LIMITED TO THE FULL EXTENT PERMITTED BY APPLICABLE LAW.

Release of Liability from Damages

In the event that you have a dispute with another party on ErliBird, you affirmatively agree to hold ErliBird, and our officers, directors, managers, employees, and agents, harmless from any losses, claims, or other damage whatsoever, whether actual or consequential, of every kind and nature, arising out of or in any way related to such dispute.

You expressly waive Section 1542 of the California Civil Code, and any similar law in any other jurisdiction, which provides that: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release which if known by him must have materially affected his settlement with the debtor."

Indemnity

You agree to indemnify, defend, and hold ErliBird, its officers, managers, and employees harmless from any claim, demand, action, loss or damages, including reasonable attorney's fees, brought by a third party against ErliBird arising out of, relating to, or resulting from (a) your use of the Website or services provided by ErliBird; (b) any and all payment obligations incurred through the use of the Website, or your failure to pay any invoice or dispute of any payment; (c) your decision to submit personal financial information or credit card information through the Website; (d) your decision to submit Projects, offer Proposals, extend or accept offers from other Members; (e) any claims or breach of contract made by Members with which you worked with through the Website; (f) any claims or liabilities related to the payment and reporting of taxes for any payments made through the Website; (g) your breach of this Agreement; or (h) any intentional wrongdoing by any other Member on the Website whom with you interacted.

We will notify you in writing of any such claim or liability or threat thereof, cooperate with you in the defense or settlement, and allow you to control the defense or settlement. We shall be at liberty to partake in the defense at our own expense through our own council.

General Terms

This Agreement is a complete and exclusive statement of the entire agreement between you and ErliBird concerning the Website.

If any portion of this Agreement is found to be illegal or unenforceable, neither the validity nor enforceability of the remainder of the Agreement shall be affected. The failure of ErliBird to enforce its rights under this Agreement at any time for any period shall not be construed as a waiver of such rights.

You may not assign or transfer all or any part of your rights under this Agreement without the express written consent of ErliBird.

The captions and bold paragraph headings included in this Agreement are for convenience only and shall not be given any legal or contractual effect.