Terms of Use
Last Updated: December 28, 2021
Acceptance of the Terms of Use
Welcome to the website for JM Research Solutions, https://www.jmresearchsolutions.com/ (the “Site”). The following Terms of Use, which together with our Privacy Policy and any documents expressly incorporated herein (collectively, “Terms & Conditions”) govern your access to and use of the Site, including any content, functionality, products, and services offered on or through the Site, whether as a guest or a registered User. You are only authorized to use the Site if You agree to abide by all applicable laws, rules, and regulations and these Terms of Use.
The terms “JM Research Solutions LLC” or “Company” or "Us" or "We" refer to the owner and operator of the Site, JM Research Solutions LLC, a South Carolina limited liability company. The term "You" or “User” refers to the user or viewer of our Site. You and JM Research Solutions LLC are each a “Party” to these Terms of Use, and together We are the “Parties”.
JM Research Solutions is a full-service market research and data analytics firm.
By using this Site or by clicking to “accept” or “agree” to the Terms of Use, You are agreeing to these Terms of Use. Future use of the Site will be subject to the Terms of Use in effect at that time. These Terms of Use are subject to change or even termination without notice. Barring some other formally and specifically executed agreement between You and Us, these Terms of Use govern the entire relationship between You and JM Research Solutions LLC.
IF YOU DO NOT AGREE TO ALL OF THESE TERMS OF USE, THEN YOU ARE NOT AUTHORIZED TO USE THIS SITE OR ACCESS CONTENT ON THIS SITE OR PURCHASE PRODUCTS OR SERVICES FROM THIS SITE AND MUST TERMINATE USE IMMEDIATELY.
The use of the Site is subject to the following Terms of Use:
1. Changes to the Terms of Use: We may at any time revise these Terms of Use in our sole discretion. All changes are effective immediately when We post them, and apply to all access to and use of the Site thereafter. You are bound by such revisions and should therefore periodically review these Terms of Use. Your continued use of the Site following the posting of revised Terms of Use means that You accept and agree to the changes.
2. Account Registration and Site Security: By using the Site or purchasing any products or services from the Site, You represent and warrant that: (a) You are 18 years of age or older; (b) You have the authority to enter into these Terms of Use on your own account; and (c) your use of the Site or purchase of any products or services does not violate any applicable law, regulation, or agreement. Use of the Site is void where prohibited.
You are not required to create a username and password in order to access content and purchase products and services of the Site. By registering for the Site, You agree to provide and maintain true, accurate, current and complete information about yourself as prompted by the Site’s registration form. Registration data and certain other information about You are governed by our Privacy Policy. If You are under 18 years of age, You are not authorized to use the Site. Your user account may be deleted and/or terminated without warning if We believe that You are under 18 years of age.
It is your exclusive obligation to maintain and control passwords to your account. You are exclusively responsible for all activities that occur in connection with your username and password. You agree to immediately notify Us of any unauthorized uses of your username and password or any other breaches of security. Company will not be liable for any loss or damages of any kind, under any legal theory, caused by your failure to comply with the foregoing security obligations or caused by any person to whom You grant access to your account.
Should You take any actions which damage the Site or endanger the safe, efficient, and fair use of the Site by others, You will be liable for damages to Us and agree to indemnify Us and hold Us harmless for any claims, damages, or other liabilities incurred by Us due to your actions or inactions.
Additionally, by accessing and using the Site, You agree to be bound by the terms found in our Privacy Policy which can be accessed by the following https://www.jmresearchsolutions.com/privacy-policy. Any personal information You supply to Us when using the Site will be used by Us in accordance with our Privacy Policy.
3. Use of the Site; Purchase of Products or Services. The Site, and any content offered through the Site, are solely for your personal and non-commercial use. Any content offered through the Site is for informational purposes only. With your use of the Site, We grant You a limited, non-exclusive, non-transferable, license to access JM Research Solutions blogs and content through the Site. Except for the foregoing limited license, no right, title or interest shall be transferred to You.
Any products or services purchased from the Site are for personal use only. You agree not to reproduce, duplicate, copy, sell or resale any of the products or services purchased from the Site.
You will not act in a vulgar, disrespectful, or illegal way while using the Site or interacting with any users or third parties known to You as a result of using the Site. We reserve the right to refuse service, terminate your account, cancel any pending orders, and report your actions to the appropriate authority.
Your use of any information, content, or materials on the Site is entirely at your own risk, for which We shall not be liable. It shall be your own responsibility to ensure that any products, services, or content available through this Site meet your specific requirements.
By purchasing a product or service from the Site, You are solely responsible for complying with any local, state or federal law. We are not responsible for ensuring correct use or safety of the products. You agree to indemnify and hold JM Research Solutions LLC harmless from and against any claims, loss, liability, demand, suit, damage, or expense made against Us relating to your use or safety of the products. IT IS YOUR RESPONSIBILITY TO EVALUATE AND VERIFY THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY PRODUCT, SERVICE, OPINION, ADVICE, OR OTHER CONTENT AVAILABLE THROUGH THE SITE.
4. Intellectual Property Rights: You acknowledge and agree that the Site may contain blogs, information, content or features (“Intellectual Property”) that are protected by copyright, patent, trademark, trade secret or other proprietary rights and laws. All blog, podcasts, information, and materials offered on the Site are protected by copyright. Any Intellectual Property, including any the trademarks, logos and service marks, displayed on the Site are the property of Company and other parties. You are prohibited from using any of the Intellectual Property for any purpose including, but not limited to, use as metatags on other pages or websites on the World Wide Web without the written permission of Company or such third party which may own the content.
You are prohibited from modifying, copying, distributing, transmitting, displaying, publishing, selling, licensing, creating derivative works or using any content available on or through the Site for commercial or public purposes.
More specifically, You may not modify, copy, reproduce, publish, upload, post, transmit, translate, remove or alter any proprietary notices or labels, sell, decompile, create derivative work(s) of, exploit, disassemble, broadcast, license, sublicense, transfer, mirror, frame, rent, lease, private label, grant a security interest in, distribute in any manner or medium (including by email or other electronic means) or otherwise use the Intellectual Property, any information or content from the Site in a manner not explicitly authorized in these Terms of Use or by the owner(s) of the relevant materials. Unauthorized use of the Intellectual Property or the Site may give rise to a claim for damages and/or be a criminal offense.
The JM Research Solutions name, logos, and all related names, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs, and slogans on the Site are the trademarks of their respective owners. Nothing in this Terms of Use or the Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of JM Research Solutions’ trademarks displayed on the products, without our prior written permission in each instance. All goodwill generated from the use of JM Research Solutions trademarks will inure to our exclusive benefit.
5. Products or Services; Price Policy; Shipping: The products and services are subject to change, update, or even discontinuation without notice. You consent to the same and understand and agree that the same may impact your use of the products and services.
We reserve the right to make substitutions for any products or services offered on the Site.
All prices for products or services listed on the Site are subject to change without notice. Descriptions and pricing may be inaccurate or omitted information from time to time. We reserve the right to correct any errors without prior notice.
6. Third Party Content: The Site provides links to other websites by allowing You to leave this Site to access third-party material or by bringing third-party material into this Site via “inverse” hyperlinks and framing technology (a “Linked Site”). We have no discretion to alter, update, or control the content on a Linked Site. The fact that We have provided a link to a Linked Site is not an endorsement, authorization, sponsorship, or affiliation with respect to such Linked Site, its owners, or its providers. There are inherent risks in relying upon, using or retrieving any information found on the internet, and We urge You to make sure You understand these risks before relying upon, using, or retrieving any such information on a Linked Site.
JM Research Solutions does not endorse and is not responsible for: (a) the accuracy or reliability of an opinion, advice, or statement made through the Site by any party other than Us; (b) any content provided on Linked Sites; or (c) the capabilities or reliability of any product or service obtained from a Linked Site. Other than as required under applicable consumer protection law, under no circumstance will We be liable for any loss or damage caused by your reliance on information obtained through a Linked Site, or your reliance on any product or service obtained from a Linked Site. Please seek the advice of professionals, as appropriate, regarding the evaluation of any specific opinion, advice, product, service, or other content.
7. Warranties and Disclaimers: ALL CONTENT, PRODUCTS, AND SERVICES ON THE SITE, OR OBTAINED FROM A SITE TO WHICH THE SITE IS LINKED ARE PROVIDED TO YOU “AS IS” WITHOUT WARRANTY OF ANY KIND EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, SECURITY OR ACCURACY.
COMPANY DOES NOT WARRANT THAT THIS SITE, ITS SERVERS, OR E-MAIL SENT FROM THIS SITE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
IN NO EVENT SHALL COMPANY BE LIABLE TO YOU OR ANY THIRD PARTY FOR CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR ENHANCED DAMAGES, LOST PROFITS OR REVENUES OR DIMINUTION IN VALUE, ARISING OUT OF, OR RELATING TO, AND/OR IN CONNECTION WITH ANY BREACH OF THESE TERMS OF USE OR THE USE OF THIS SITE OR MATERIAL PROVIDED BY THIS SITE, REGARDLESS OF (A) WHETHER SUCH DAMAGES WERE FORESEEABLE, (B) WHETHER OR NOT COMPANY WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND (C) THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT OR OTHERWISE) UPON WHICH THE CLAIM IS BASED.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
COMPANY’S SOLE AND ENTIRE MAXIMUM LIABILITY, FOR ANY REASON, AND YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY CAUSE WHATSOEVER, SHALL BE LIMITED TO THE ACTUAL AMOUNT PAID BY YOU FOR THE PRODUCTS OR SERVICES PURCHASE FROM THE COMPANY.
8. Errors and Inaccuracies: The information, software, products, and descriptions of services published on the Site may include inaccuracies or typographical errors, and We specifically disclaim any liability for such inaccuracies or errors. We do not warrant or represent that the content on the Site is complete or up-to-date. We are under no obligation to update the content on the Site. We may make improvements or change the content of the Site at any time without notice.
9. Governing Law: The laws of the State of South Carolina apply to these Terms of Use and to any dispute arising from or related to these Terms of Use, Privacy Policy, or use of the Site.
10. Dispute Resolution and Binding Arbitration: YOU AND COMPANY ARE AGREEING TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY, OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO A CLAIM. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY ALSO BE UNAVAILABLE OR MAY BE LIMITED IN ARBITRATION.
ANY CLAIM, DISPUTE OR CONTROVERSY (WHETHER IN CONTRACT, TORT OR OTHERWISE, WHETHER PRE-EXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL TORT, INJUNCTIVE AND EQUITABLE CLAIMS) BETWEEN YOU AND COMPANY ARISING FROM OR RELATING IN ANY WAY TO YOUR PURCHASE OF PRODUCTS OR SERVICES THROUGH THE SITE, THESE TERMS OF USE, OR PRIVACY POLICY WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION. THE PROVISIONS BELOW IN THIS SECTION SHALL APPLY TO ALL ARBITRATION PROCEEDINGS.
If a dispute between the Parties exists which arises from or is related to these Terms of Use, Privacy Policy, the products, the services, or the Site, the Parties irrevocably agree the mandatory provisions below in this section apply.
The Parties first must and shall engage in informal good faith resolution efforts. Only after such good faith efforts are made, but fail, can any formal dispute resolution process can be initiated.
The formal dispute resolution process shall and must be binding arbitration to take place in Charleston County, South Carolina. Should a lawsuit be filed instead of arbitration initiated, the Parties agree that the applicable court should either dismiss said suit or stay it so that this mandatory arbitration process can take place and be completed.
Unless the Parties agree otherwise in writing, including anything in these Terms of Use, the arbitration shall be through the American Arbitration Association and shall be subject to that body’s Consumer Arbitration Rules in effect at the time of the arbitration’s initiation, as those Rules are published on the American Arbitration Association’s website (currently www.adr.org).
Each Party shall be responsible for its own costs and legal fees, including attorneys’ fees, except that a Party which wrongfully disregards the mandatory arbitration process described herein and instead initiates formal litigation may be required to pay the other Party’s costs and legal fees, including attorneys’ fees.
Regardless of any other language in this Agreement, unless equivalent relief can be obtained from an arbitrator in a timely fashion, JM Research Solutions LLC may seek an equitable remedy such as, but not limited to, a restraining order from a court if reasonably necessary to do so on an urgent basis to prevent immediate and serious harm to Us.
You may elect to pursue your claim in small-claims court rather than arbitration if You provide Company with written notice of your intention do so within sixty (60) days of your purchase. The arbitration or small-claims court proceeding will be limited solely to your individual dispute or controversy.
Except where prohibited by law, You agree to an arbitration on an individual basis. In any dispute, NEITHER YOU NOR COMPANY WILL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER USERS IN COURT OR IN ARBITRATION OR OTHERWISE PARTICIPATE IN ANY CLAIM AS A CLASS REPRESENTATIVE, CLASS MEMBER OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. The arbitral tribunal may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding. The arbitral tribunal has no power to consider the enforceability of this class arbitration waiver and any challenge to the class arbitration waiver may only be raised in a court of competent jurisdiction.
11. Notice:
a. To You. Company may provide any notice to You under these Terms & Conditions by: (i) sending a message to the email address You provide; or (ii) by posting to the Site. Notices sent by email will be effective when Company sends the email and notices Company provides by posting will be effective upon posting. It is your responsibility to keep your email address current.
b. To Company. To give Us notice under these Terms & Conditions, You must contact Us as follows: (i) by email to contact@jmresearchsolutions.com. Company may update the email address for notices to Us by posting a notice on the Site. Notices provided by email will be effective one (1) business day after they are sent.
12. Severability: If any provision of these Terms of Use is invalid, illegal, void or unenforceable, then that provision will be deemed severed from these Terms of Use and will not affect the validity or enforceability of the remaining provisions of these Terms of Use.
13. Contact Us: If You have any questions about these Terms of Use, please contact Us at contact@jmresearchsolutions.com.