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Research Participant Terms

By scheduling a research interview, you confirm that you have read, understand and agree to be bound by and comply with these Participant Terms (the “Agreement”), which are as follows. References to “I”, “me”, and “my” in the Agreement refer to you: 

I understand that Furniture.com America LLC (“Furniture.com”), along with any third party research companies engaged by Furniture.com (“Research Companies”), will be conducting research through surveys, interviews or other means, in order to obtain opinions, comments, suggestions and other feedback about or relating to furniture shopping and Furniture.com, and to generate ideas for new products, services, features, offers, benefits, advertising, marketing, and/or activities on behalf of Furniture.com (“Research”). Not all recipients who receive email invitations or are otherwise invited to participate in Research will be eligible to do so.  

For good and valuable consideration, I agree to participate in the Furniture.com Research and to provide my opinions, ideas, comments, suggestions and other feedback (“Feedback”) to Furniture.com and the Research Companies, subject to the terms and conditions set forth in this Agreement.  

I understand that any collection, use, or sharing by Furniture.com of my personal information will be subject to the Furniture.com Privacy Notice available on the Furniture.com website at https://legal.furniture.com/privacy-notice . I understand that my use of the Furniture.com website or mobile application is governed by the Furniture.com Terms of Use available on the website at https://legal.furniture.com/terms-of-use

 

I hereby irrevocably and unconditionally assign to Furniture.com all right, title, and interest in and to my Feedback, including, but not limited to, any and all ideas, expressions, designs, concepts, and improvements proffered, created, conceived, reduced to practice, authored, or otherwise provided by me and all worldwide intellectual property rights therein to be used in any manner and for any purpose whatsoever without any obligation or compensation to me. To the extent that the foregoing assignment is ineffective, in whole or in part, for any reason, I hereby grant to Furniture.com an unrestricted, worldwide, perpetual, irrevocable, royalty-free, fully paid, sublicensable, and exclusive license to all intellectual property rights in my Feedback in any medium now known or hereafter devised. I hereby represent and warrant that (i) the information that I have provided and will provide to Furniture.com is true, accurate, and complete in all respects, (ii) I am at least eighteen (18) years of age, (iii) I am a citizen or permanent resident of the United States of America (U.S.), (iv) my Feedback is original to me, and (v) I have all necessary rights to fulfill the 

obligations and grant the rights granted herein. I hereby further represent and warrant that Furniture.com’s use of my Feedback as permitted hereunder will not (a) violate any federal, state, local or international law, regulation, rule, or 

other governmental requirement, (b) infringe any privacy, publicity, intellectual property, or other right of any third party, or (c) breach any contractual rights of or obligations to any third party, including the terms of use or terms of service of any website. 

 

I agree to be contacted by Furniture.com and the Research Companies for follow up relating to my participation in the Research in which I participate. I hereby release Furniture.com, its affiliates and the Research Companies, and each of its or their officers, directors, managers, members, partners, employees and agents from any and all current or future claim, dispute or controversy arising out of or relating to the Research or my participation in any research, including, my Feedback.  

 

NOTWITHSTANDING ANY OTHE RPROVISION HEREOF, IN NO EVENT SHALL FURNITURE.COM, OR ITS AFFILIATES, AGENTS, EMPLOYEES OR REPRESENTATIVES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECULATIVE, SPECIAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES OF ANY KIND OR FOR ANY LOST PROFITS OR REVENUES, RELATING TO OR ARISING OUT OF THIS AGREEMENT.  

I agree that I will not disclose any Confidential Information to anyone or use or reproduce any Confidential Information except in connection with the Research and only to the extent expressly authorized by Furniture.com. I agree to exercise reasonable care to protect the secrecy of the Confidential Information and to promptly notify Furniture.com of any actual or suspected unauthorized access to or disclosure or use of the Confidential Information. As used herein, the term “Confidential Information” means (i) any and all information disclosed to me in connection with the Research or any research (whether before, during, or after), including, without limitation, information concerning Furniture.com’s products, services, features, benefits, business activities, product development, advertising or marketing plans, system architecture, technology, inventions, capabilities, data collection and reporting, technical information, pricing, contract terms and conditions, intellectual property, trade secrets, know-how, and other proprietary information, and (ii) my Feedback. 

 

This Agreement does not and is not intended to confer any rights or benefits on any person that is not a party hereto (including, without limitation, any third-party beneficiary remedies with respect to any provision contained herein) and none of the provisions of this Agreement shall be enforceable by any person other than the parties hereto, their successors, and permitted assigns. Furniture.com may assign this Agreement to its parent, subsidiaries, or affiliated companies. This Agreement shall be governed in all respects by, construed in accordance with, the substantive laws of the State of Georgia without regard for conflict of law principles. 


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