Terms of Use and Survey Participation Agreement
Davis Research LLC
Effective Date: August 7, 2026
These Terms of Use and Survey Participation Agreement (the “Terms”) are a legally binding agreement between you and Davis Research LLC (“Davis Research LLC,” “we,” “us,” or “our”). They govern your access to and use of the Survey Services and your participation or attempted participation in any research study administered, hosted, recruited, or managed by or for Davis Research LLC.
1. Acceptance of These Terms
By clicking a survey link; clicking “Begin,” “Start,” “Next,” “Continue,” “Submit,” “I Agree,” or similar language after being given access to these Terms; or otherwise beginning or continuing a study after reasonable notice of these Terms, you acknowledge that you have read, understood, and agree to be bound by these Terms, the applicable Privacy Policy, and any study-specific notices, consent materials, incentive rules, confidentiality requirements, or instructions. If you do not agree, do not access or use the Survey Services or participate in the study.
If you use the Survey Services on behalf of an organization, you represent that you have authority to bind that organization. If you are a minor, you may participate only if the study permits your age group and all required parental or guardian permissions and minor assent have been obtained.
2. Definitions and Scope
“Survey Website” means any website, domain, subdomain, survey page, respondent portal, invitation link, landing page, application, or other online research interface owned, operated, hosted, or administered by or for Davis Research LLC and that links to or incorporates these Terms, regardless of the domain name used.
“Survey Services” means the Survey Websites and the related research activities they support, including recruitment, screening, surveys, interviews, focus groups, usability tests, diaries, communities, recordings, uploads, verification, quality review, incentive fulfillment, and participant communications.
“Study” means any research project, survey, screener, interview, test, community, or related activity made available through the Survey Services.
“Confidential Study Materials” has the meaning stated in Section 11.
These Terms apply across Davis Research LLC’s evolving portfolio of survey domains. Study-specific terms control only for the applicable Study and only to the extent they expressly conflict with these Terms. The applicable Privacy Policy governs the collection, use, disclosure, retention, and protection of personal information.
3. Nature of the Survey Services; Voluntary Participation; No Guarantee
Davis Research LLC conducts and supports market research, public-opinion research, customer-experience research, usability research, and related data-collection activities for itself and for clients. Participation is voluntary unless a separate written agreement states otherwise.
A survey invitation is only an invitation to be considered for participation. It is not an offer of employment or professional services and does not guarantee eligibility, admission, completion, payment, future invitations, or inclusion of your responses in the final research dataset. We may screen participants, impose quotas, close a Study, change Study logistics, or end participation at any time. You may stop participating, but stopping early may make you ineligible for an incentive unless study-specific terms or applicable law provide otherwise.
4. Eligibility, Truthful Identity, and Link Security
You represent and agree that:
- You are the person to whom the invitation or access was validly issued, or you are otherwise expressly authorized to participate;
- You meet all stated age, residence, occupation, household, product-use, purchasing, ownership, experience, and other eligibility requirements;
- All information you provide is truthful, accurate, complete, current, and based on your own knowledge, opinions, experiences, and circumstances;
- You will not impersonate another person, participate for another person, allow another person to answer for you, or misrepresent a material fact;
- You will not participate more than once unless expressly invited or instructed to do so;
- Survey links, access codes, invitations, and credentials are personal, limited, revocable, non-transferable, and may be used only as instructed; and
- You will protect any link, access code, or credential and promptly notify Davis Research LLC if you believe it has been used without authorization.
We may request reasonable verification before, during, or after participation. Failure or refusal to provide requested verification may result in disqualification or nonpayment where permitted by law.
5. Independent and Authentic Responses; No Improper Assistance
Unless the Study expressly authorizes assistance, each response must reflect your own personal knowledge, opinions, experiences, attention, and wording. You may not use or rely on another person, answer key, copied material, search result, chatbot, generative artificial intelligence, large language model, automated writing or translation system, script, bot, macro, plug-in, browser extension, software agent, or other tool to generate, select, improve, paraphrase, translate, coach, or materially assist your responses in a manner that misrepresents your identity, abilities, attention, opinions, or experiences.
Ordinary accessibility technology, spelling correction, or translation expressly permitted by the Study may be used as directed. When uncertain whether a tool is permitted, do not use it unless Davis Research provides written authorization.
6. Prohibited Conduct
You may not, directly or indirectly:
- Provide false, fabricated, copied, coached, automated, artificially generated, materially AI-assisted, or otherwise inauthentic information or responses;
- Misrepresent your identity, age, location, residence, demographics, occupation, employment, health, finances, household, product ownership, purchasing, experiences, opinions, eligibility, or any other material fact;
- Participate more than once, create or control duplicate accounts, share an account or invitation, transfer or sell access, manipulate referrals, or coordinate answers with another person;
- Use bots, scripts, macros, automation, answer farms, device farms, emulators, virtual machines, remote desktops, spoofing, tampering, or automated completion;
- Use a VPN, proxy, anonymizer, location-spoofing tool, browser-spoofing tool, device-spoofing tool, or other method to conceal or falsify a material identity, location, eligibility, or quality signal, unless expressly authorized;
- Respond randomly, straight-line, click in patterns, speed excessively, ignore instructions, provide contradictory or implausible answers, submit nonsensical or irrelevant open-ended responses, or copy or plagiarize content;
- Copy, record, photograph, screenshot, download, scrape, index, disclose, publish, distribute, sell, reverse engineer, reproduce, create derivative works from, or train or test an AI system with survey questions, answers, concepts, stimuli, prototypes, client information, or other Confidential Study Materials;
- Exploit or attempt to exploit a technical error, quota, incentive process, panel reconciliation, payment system, security control, or vulnerability;
- Upload malicious code, interfere with operation or security, overload the Survey Services, or circumvent technical controls;
- Use the Survey Services for unlawful, abusive, threatening, defamatory, discriminatory, deceptive, or fraudulent conduct; or
- Assist, direct, encourage, or enable another person to do any of the foregoing.
7. Quality Review and Fraud Detection
All participation and incentive eligibility are subject to quality and fraud review before, during, and after completion. Review may be performed by Davis Research LLC, a research sponsor or client, a panel or sample provider, or a service provider and may combine manual, statistical, technical, behavioral, linguistic, identity, and automated methods.
Quality and fraud review may consider, among other things:
- Response speed; timing by page or question; pauses; changes; navigation; focus changes; copy-and-paste activity; keyboard, pointer, or interaction patterns; and completion path;
- Attention and instruction checks; internal consistency; logic; plausibility; relevance; specificity; duplication; language patterns; and comparison with other responses;
- Potential generation or material assistance by artificial intelligence, automation, templates, copied sources, or another person;
- IP address; approximate or precise location where authorized; network provider; proxy or VPN indicators; browser and device characteristics; capabilities; cookies; local storage; digital fingerprints; embedded-image or pixel responses; and other security signals;
- Duplicate-device, duplicate-household, duplicate-identity, duplicate-contact, prior-participation, panel-history, and cross-study indicators;
- Information from clients, panel providers, sample sources, identity-verification or fraud-prevention services, and other lawful sources; and
- Any other factor reasonably related to eligibility, authenticity, attention, compliance, security, or data quality.
Quality and fraud systems are probabilistic. To protect research integrity and prevent circumvention, Davis Research LLC is not required to disclose proprietary scoring methods, thresholds, client criteria, security controls, or detailed evidence except where applicable law requires disclosure.
8. Davis Research LLC Decisions and Remedies
To the fullest extent permitted by law, Davis Research LLC may make a good-faith determination, based on the totality of available information, that participation is invalid, ineligible, fraudulent, duplicative, noncompliant, or below required quality standards. Davis Research may:
- Refuse, suspend, block, or end access or participation without allowing completion;
- Reject, remove, quarantine, redact, or exclude some or all submitted data;
- Classify the interview as incomplete, invalid, duplicate, fraudulent, or unusable;
- Withhold, cancel, reverse, recover, or require repayment of an incentive or payment where permitted by law;
- Disqualify the participant from the current Study or future studies;
- Block accounts, devices, telephone numbers, email addresses, IP addresses, or other identifiers;
- Provide relevant quality or fraud information to the sponsoring client, panel provider, sample source, incentive vendor, or other parties involved in preventing abuse;
- Preserve and use records to investigate, enforce agreements, defend claims, or comply with law; and
- Refer suspected unlawful conduct to appropriate authorities.
A quality decision is a determination about whether the particular participation meets applicable Study and data-integrity requirements; it is not a statement about your general character. We may reconsider a decision but are not obligated to do so unless required by law or contract.
9. Incentives Are Conditional and Not Earned at Submission
An incentive may take the form of cash, check, electronic payment, gift card, points, charitable donation, drawing entry, sweepstakes opportunity, or another item described in the invitation. Unless study-specific rules expressly state otherwise, an incentive is not earned, vested, or owed merely because you clicked a link, answered some or all questions, reached an end page, received a completion message, or were initially marked complete by a platform.
Incentive eligibility becomes final only after Davis Research LLC and, where applicable, the client, panel provider, or sample source complete reconciliation, eligibility confirmation, duplicate review, quality review, fraud review, and any required verification. Processing may take a reasonable period after fieldwork closes. A displayed or estimated delivery date is not a guarantee.
Davis Research LLC may withhold, cancel, reverse, recover, or require repayment of an incentive when participation violates these Terms, fails Study requirements, is unusable or removed from the final dataset, is duplicative or unauthorized, or is reasonably determined to involve fraud, AI or automation misuse, material misrepresentation, or other invalid conduct. Nothing in these Terms permits withholding compensation that applicable law requires regardless of quality outcome.
10. Incentive Administration and Promotions
- You are responsible for providing accurate fulfillment information and promptly reporting delivery problems;
- Gift cards, points, and third-party payment services are subject to issuer terms, lawful expiration rules, and third-party availability;
- Drawings and sweepstakes are subject to separate official rules. No purchase is necessary where required by law;
- Charitable donations, when offered, will be made to an eligible organization in accordance with the applicable Study rules;
- We are not responsible for loss caused by inaccurate fulfillment information, spam filtering, account restrictions, third-party issuer failure, unauthorized access after delivery, or failure to redeem, except to the extent caused by our legally actionable conduct.
11. Confidentiality of Study Materials
Studies may expose you to confidential, proprietary, or nonpublic information, including survey questions, response choices, research objectives, client identity, products, services, advertisements, concepts, designs, prototypes, software, prices, packaging, claims, images, audio, video, and other materials (“Confidential Study Materials”). You must keep Confidential Study Materials strictly confidential and use them only to participate in the Study.
You may not photograph, screenshot, record, copy, download, reproduce, summarize, post, publish, transmit, discuss, sell, disclose, reverse engineer, train or test an AI system with, or otherwise make Confidential Study Materials available to any person or system. These obligations apply during and after the Study. They do not apply to information that becomes public through no breach by you or that you are legally required to disclose, provided you give advance notice where legally permitted.
12. Recordings, Observation, and Follow-Up
A Study may request audio, video, photographs, screen recordings, webcam access, eye tracking, location, passive measurement, or observation by researchers or clients. We will provide study-specific disclosure or obtain consent where required. If you do not agree, do not participate in that component. Unless expressly stated otherwise, you may not make your own recording of a Study.
We may contact you to verify responses, clarify an answer, schedule an interview, resolve an incentive issue, or invite follow-up research. Follow-up participation is voluntary unless it is an expressly stated condition of the original Study.
13. Intellectual Property and Limited License
The Survey Services and all survey instruments, text, graphics, software, designs, questions, response options, concepts, product materials, audiovisual materials, trademarks, logos, databases, reports, and other content made available through them are owned by Davis Research, its clients, licensors, or suppliers and are protected by intellectual-property and other laws.
Subject to these Terms, Davis Research LLC grants you a limited, personal, revocable, non-exclusive, non-transferable license to access and use the Survey Services solely for their intended research-related purpose. No other right, title, license, or interest is transferred. “Davis Research LLC” and associated names and marks may not be used without prior written permission. Client names and marks remain the property of their respective owners.
14. Participant Submissions and Use of Responses
As between you and Davis Research LLC, you retain whatever ownership rights you may have in original content you submit, subject to the rights and permissions necessary to conduct, validate, analyze, report, archive, and otherwise use the research. You grant Davis Research LLC, its clients, and their service providers a worldwide, perpetual, irrevocable, royalty-free, sublicensable license to collect, host, reproduce, analyze, adapt, translate, combine, create derived data from, disclose, and otherwise use your submissions for the purposes described in the applicable Privacy Policy, Study materials, client agreement, and applicable law. This license does not override any express confidentiality commitment or legal restriction.
Research results may be reported in aggregate, de-identified, coded, verbatim, audio, video, or another form depending on the Study disclosures. You represent that your submissions are truthful, authentic, created by you, and do not violate any law or third-party right. Do not submit information you are not authorized to disclose. Participation does not give you ownership of the survey, research design, report, client work product, dataset, analytic output, or incentive program.
15. Minors, Sensitive Information, and No Professional Relationship
No person under 13 may participate unless Davis Research LLC has implemented a legally compliant process, including verifiable parental consent where required. Participants age 13 through 17 may participate only when the Study permits their age group and any required parental or guardian permission and minor assent have been obtained. A minor may not falsely claim to be an adult. A parent or guardian may not complete answers on behalf of a minor unless the Study expressly instructs that format.
Some Studies request sensitive information. Answer only as instructed and do not provide unnecessary identifiers, account credentials, full financial-account numbers, medical-record numbers, Social Security numbers, passwords, or information about another person unless specifically requested through an authorized process. Survey participation does not create a physician-patient, attorney-client, financial-adviser, employment, or other professional relationship, and Survey Services content is not professional advice.
16. Technical Requirements, Availability, Study Changes, and Force Majeure
You are responsible for a compatible device, internet or telephone service, data charges, and a reasonably secure environment. We are not responsible for outages, lost connectivity, device incompatibility, browser settings, carrier delays, or other technical conditions outside our reasonable control. We may decline to reopen a survey or restore responses after a technical interruption, but may do so in our discretion.
We or the sponsoring client may modify, pause, restrict, discontinue, cancel, or terminate a Survey Service, Study, invitation, feature, quota, incentive, interview, or access at any time, with or without notice, including because of client direction, insufficient participation, filled quotas, changed requirements, technical problems, security events, legal restrictions, quality concerns, force majeure, or other legitimate reasons. We do not guarantee uninterrupted, secure, or error-free availability. If a Study is canceled after valid compensable work, any payment obligation will be determined by study-specific terms and applicable law.
17. Third-Party Services and Links
The Survey Services may rely on or link to panel providers, sample suppliers, survey platforms, cloud hosting, communications providers, analytics services, fraud-prevention vendors, identity-verification services, incentive vendors, or other third parties. Those parties may have separate terms and privacy practices. Davis Research LLC is not responsible for third-party services that it does not control, although our use of service providers is addressed in the applicable Privacy Policy.
18. Disclaimer of Warranties
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SURVEY SERVICES, STUDIES, INVITATIONS, CONTENT, AND RELATED MATERIALS ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITH ALL FAULTS. DAVIS RESEARCH LLC AND ITS CLIENTS, AFFILIATES, LICENSORS, AND SERVICE PROVIDERS DISCLAIM ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, AVAILABILITY, SECURITY, AND RESULTS. WE DO NOT WARRANT THAT YOU WILL QUALIFY FOR OR COMPLETE A STUDY, THAT AN INCENTIVE WILL BE AVAILABLE OR PAID, OR THAT THE SURVEY SERVICES WILL BE ERROR-FREE OR FREE OF HARMFUL COMPONENTS.
19. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, DAVIS RESEARCH LLC AND ITS CLIENTS, AFFILIATES, MEMBERS, MANAGERS, OFFICERS, EMPLOYEES, AGENTS, LICENSORS, AND SERVICE PROVIDERS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR ENHANCED DAMAGES; LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR OPPORTUNITY; PERSONAL DEVICE OR COMMUNICATION COSTS; OR DAMAGES ARISING FROM THIRD-PARTY CONDUCT, EVEN IF ADVISED OF THE POSSIBILITY.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE TOTAL AGGREGATE LIABILITY OF ALL DAVIS RESEARCH LLC PARTIES ARISING OUT OF OR RELATING TO THE SURVEY SERVICES, A STUDY, AN INVITATION, AN INCENTIVE, OR THESE TERMS WILL NOT EXCEED THE GREATER OF (A) THE AMOUNT OF THE SPECIFIC INCENTIVE ACTUALLY OWED TO YOU FOR THE STUDY GIVING RISE TO THE CLAIM, OR (B) FIFTY U.S. DOLLARS (US $50). THESE LIMITATIONS APPLY REGARDLESS OF THE THEORY OF LIABILITY AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE. NOTHING IN THESE TERMS EXCLUDES LIABILITY THAT CANNOT LAWFULLY BE EXCLUDED.
20. Indemnification
To the maximum extent permitted by law, you agree to defend, indemnify, and hold harmless Davis Research LLC and its clients, affiliates, members, managers, officers, employees, agents, licensors, and service providers from claims, demands, losses, liabilities, damages, judgments, awards, penalties, costs, and reasonable attorneys’ fees arising out of or relating to your violation of these Terms, fraud or misconduct, submissions, infringement of another person’s rights, or unlawful use of the Survey Services. Davis Research LLC may control the defense and settlement of any covered matter, and you agree to cooperate. This provision does not require a consumer to indemnify a party for that party’s own unlawful conduct where prohibited by law.
21. Governing Law
The Federal Arbitration Act governs the interpretation and enforcement of Section 23. For all other matters, these Terms are governed by the laws of the State of California, without regard to conflict-of-law rules, except that mandatory consumer protections of your state of residence continue to apply to the extent they cannot lawfully be waived.
22. Quality or Incentive Appeals; Informal Dispute Resolution
22.1 Quality or Incentive Review Request
You may request review of a quality or incentive decision by emailing terms@davisresearchsurvey.com within 30 days after notice of the decision or the date the incentive was reasonably expected, whichever is later. Include your name, contact information, Survey Website or invitation identifier, incentive description, date of participation, and a concise explanation with supporting information. We may request verification. Failure to submit a timely and complete request may limit our ability to investigate.
22.2 Notice of Dispute
Before filing an arbitration or court action, the claimant must send a written Notice of Dispute to terms@davisresearchsurvey.com and by certified mail to Davis Research LLC, 26610 Agoura Road, Calabasas, California 91302, Attention: Legal Notice. The notice must include the claimant’s full name, mailing address, email address, telephone number, the relevant Study, Survey Website, or invitation identifier if available, a detailed description of the dispute, supporting documents, and the specific relief requested.
The parties will attempt in good faith to resolve the dispute individually for 60 days after a complete notice is received. Any applicable limitations period is tolled during that 60-day period. This pre-filing process is a condition precedent to arbitration or litigation, except where emergency injunctive relief is necessary. Nothing prevents you from submitting a complaint to a government agency or exercising non-waivable rights.
23. Binding Individual Arbitration; Mass Arbitration Procedures; Class-Action and Jury-Trial Waivers
23.1 Agreement to Arbitrate
Except for the exceptions in Section 23.4, you and Davis Research LLC agree that any dispute, claim, or controversy arising out of or relating to the Survey Services, a Study, an invitation, an incentive, these Terms, the Privacy Policy, or the relationship between you and Davis Research—including questions of contract, tort, statute, fraud, misrepresentation, privacy, data use, validity, enforceability, scope, or arbitrability—will be resolved by final and binding individual arbitration, not in court.
The arbitrator, and not a court, will decide issues concerning the formation, interpretation, applicability, enforceability, or scope of this arbitration agreement, except that a court will decide any challenge to the class-action or representative-action waiver and any request for public injunctive relief that applicable law requires a court to decide.
23.2 Arbitration Procedures
The arbitration will be administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules then in effect, as modified by these Terms. If AAA is unavailable or unwilling to administer the arbitration consistent with these Terms, the parties will agree on another nationally recognized administrator or a court of competent jurisdiction will appoint one. The arbitration may be conducted by telephone, video conference, written submissions, or in person in the county where you reside, unless the parties agree otherwise.
The arbitrator may award any individual remedy available in court that is necessary to resolve the claimant’s individual claim, but may not award relief for or against anyone who is not a party. Judgment on the award may be entered in any court with jurisdiction. Davis Research LLC will pay arbitration filing, administration, and arbitrator fees to the extent required by AAA rules or applicable law. Each party will otherwise bear its own attorneys’ fees and costs unless a statute or the arbitrator permits an award. If the arbitrator determines that a claim or requested relief was frivolous or brought for an improper purpose under standards comparable to Federal Rule of Civil Procedure 11, the arbitrator may allocate fees as permitted by law and the applicable rules.
23.3 Mass Arbitration Procedures
For purposes of these Terms, a “Mass Arbitration” means twenty-five (25) or more similar demands for arbitration filed against or on behalf of Davis Research LLC or related parties where representation of the parties is consistent or coordinated across the cases. Any Mass Arbitration will be administered under the AAA Mass Arbitration Supplementary Rules and the applicable AAA Consumer Arbitration Rules then in effect, as modified by these Terms and applicable law.
Each claimant must individually satisfy the Notice of Dispute requirements in Section 22.2 before filing a demand for arbitration. Each notice and demand must identify the individual claimant, include the claimant’s contact information and signature, describe the claimant’s individual circumstances and alleged injury, identify the relevant Study, Survey Website, or invitation when reasonably available, and state the individual relief requested. A submission made solely on behalf of an unidentified group or containing only generalized allegations does not satisfy these requirements.
AAA may appoint a Process Arbitrator as provided in the AAA Mass Arbitration Supplementary Rules. The Process Arbitrator may determine non-merits administrative issues within the authority granted by those rules, including filing requirements and deficiencies, conditions precedent, fee disputes, which demands are included in the Mass Arbitration, the applicable AAA rules, arbitrator selection procedures, locale, and other case-administration issues.
The parties may agree in writing to bellwether cases, staged proceedings, streamlined scheduling, global mediation, or other procedures intended to facilitate efficient resolution. Unless all affected parties expressly agree otherwise in writing, an award or merits determination in one claimant’s arbitration will bind only the parties to that individual arbitration and will not have precedential or preclusive effect in another claimant’s arbitration.
Claims that are not initially selected for merits proceedings under an agreed staging process will remain pending and will not be deemed abandoned. To the extent permitted by applicable law, any applicable limitations period will be tolled from the date the claimant submits a complete individual Notice of Dispute until the claimant’s arbitration is resolved, withdrawn, settled, or permitted to proceed.
If claims are not resolved through mediation, settlement, or another agreed process, each claimant retains the right to have the claimant’s individual case administered and decided under the applicable AAA rules, subject to reasonable scheduling and case-management procedures permitted by those rules and applicable law.
Nothing in this subsection authorizes class, collective, consolidated, coordinated, or representative arbitration; permits a merits arbitrator to award relief for a person who is not a party to the individual arbitration; or prevents either party from exercising rights that cannot lawfully be waived.
23.4 Exceptions
Either party may: (a) bring an individual claim in small-claims court if the claim remains within that court’s jurisdiction and proceeds only individually; (b) seek temporary or preliminary injunctive relief in court to prevent actual or threatened misuse of intellectual property, Confidential Study Materials, security systems, or personal information while arbitration is pending; or (c) bring a claim that applicable law expressly prohibits from being arbitrated. Government agencies may investigate or pursue enforcement actions as authorized by law.
23.5 No Class, Collective, Consolidated, or Representative Proceedings
YOU AND DAVIS RESEARCH LLC AGREE THAT EACH MAY BRING CLAIMS ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF, CLASS MEMBER, PRIVATE ATTORNEY GENERAL, OR REPRESENTATIVE IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, COORDINATED, OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE CLAIMS OF DIFFERENT PERSONS OR PRESIDE OVER ANY FORM OF REPRESENTATIVE OR CLASS PROCEEDING EXCEPT WITH THE WRITTEN CONSENT OF ALL PARTIES.
If a final judicial determination holds that this paragraph is unenforceable as to a particular claim or request for relief, that claim or request will be severed and decided by a court after all arbitrable claims are completed.
23.6 Jury-Trial Waiver
TO THE EXTENT ANY DISPUTE PROCEEDS IN COURT RATHER THAN ARBITRATION, YOU AND DAVIS RESEARCH LLC KNOWINGLY AND VOLUNTARILY WAIVE ANY RIGHT TO A TRIAL BY JURY, TO THE MAXIMUM EXTENT PERMITTED BY LAW.
23.7 Opt-Out Right
You may opt out of this arbitration agreement by sending a signed written notice within 30 days after the date you first accept these Terms. The notice must state that you opt out of arbitration, identify the applicable Study or Survey Service if known, and include your full name, mailing address, email address, telephone number, and signature. Send the notice by certified mail to Davis Research LLC, 26610 Agoura Road, Calabasas, California 91302, Attention: Arbitration Opt-Out, and email a copy to terms@davisresearchsurvey.com. Opting out of arbitration will not affect the remaining Terms or your ability to participate, but any dispute will remain subject to the other limitations and venue provisions in these Terms.
24. Venue for Non-Arbitrable Disputes
Except for small-claims matters and claims that applicable law permits to be filed elsewhere, any non-arbitrable dispute must be brought exclusively in the state or federal courts located in Los Angeles County, California, and each party consents to personal jurisdiction and venue there. Mandatory consumer venue rights that cannot be waived remain unaffected.
25. Changes to These Terms
We may update these Terms from time to time. The “Effective Date” identifies the current version. Material changes will apply prospectively after reasonable notice through the Survey Services, an invitation, or another appropriate method. Your continued use after the effective date of revised Terms constitutes acceptance, except where applicable law requires additional consent. A change to Section 23 will not apply retroactively to a dispute for which a complete Notice of Dispute was received before the change took effect.
26. General Provisions
These Terms, the applicable Privacy Policy, and applicable study-specific terms constitute the entire agreement concerning access to the Survey Services and participation in the Study. If a provision is invalid or unenforceable, it will be enforced to the maximum extent permitted and the remainder will remain effective, subject to Section 23.4. A waiver must be in writing and is not a continuing waiver.
You may not assign these Terms without our written consent. Davis Research may assign them in connection with a merger, reorganization, sale of assets, financing, transfer of a Study, or transfer of all or part of its business. Headings are for convenience only. Provisions that by their nature should survive—including quality review, incentive conditions, confidentiality, intellectual property, licenses, disclaimers, limitations, indemnification, dispute resolution, and general provisions—survive completion, suspension, or termination.
Electronic Acceptance and Records
You agree that clicking a button labeled “Begin,” “Start,” “Next,” “Continue,” “Submit,” “I Agree,” or similar language after being presented with a link to these Terms constitutes your electronic signature and acceptance. Davis Research LLC may retain records of the version accepted, date and time, IP address, device or browser identifiers, and other evidence of assent. You may print or save a copy of these Terms for your records.
Contact Information
Davis Research LLC
26610 Agoura Road
Calabasas, California 91302
Email:
terms@davisresearchsurvey.com
Telephone:
818-591-2408