TERMS AND CONDITIONS

Terms and Conditions of Use for https://www.brightwoodresearch.com,  https://www.tamrafeldman.com/, and TF Consulting Resources (as defined herein)

Last revised: November 25, 2020

TF Consulting, LLC, its affiliates including Brightwood Research, and authorized partners (collectively the “TF Consulting” or “we,” “us,” or “our”) assists clients with Consumer Insights work, including qualitative and quantitative user research.  By accessing or viewing  https://www.brightwoodresearch.com, https://www.tamrafeldman.com/, and/or by participating in TF Consulting’s surveys and/or research projects, or otherwise utilizing content, media, or any other products or services owned or operated by TF Consulting (collectively referred to as “TF Consulting Resources”), you acknowledge that you have read, understood, and agree to be bound by the Terms and Conditions of Use (the “Terms”) described below.  You further agree that your use of TF Consulting Resources is at all times subject to these Terms. In some cases, TF Consulting Resources may be integrated into websites and mobile applications provided by third parties (including social networking sites, survey hosting providers such as SurveyMonkey, or otherwise), and these Terms continue to apply.

Additionally, by accessing  https://www.brightwoodresearch.com,  https://www.tamrafeldman.com/, or utilizing TF Consulting Resources, you represent that you are at least 18 years old and that you are fully able and competent to enter into and comply with these Terms. If you are 18 or older but under the age of consent where you live, then you must get the consent of your parents prior to accessing  https://www.brightwoodresearch.com, https://www.tamrafeldman.com/, or utilizing TF Consulting Resources, and represent to us that you have done so.

Your privacy is important to us. Any information that you provide to TF Consulting is subject to our Privacy Policy, which governs our collection and use of your information, and is incorporated by reference into these Terms. You understand that through your use of  https://www.brightwoodresearch.com, https://www.tamrafeldman.com/ or TF Consulting Resources you consent to the collection and use (as set forth in the Privacy Policy) of this information, including the transfer of this information to the United States and/or other countries for storage, processing and use by TF Consulting and its clients, or otherwise.  

Consent to Contact, Participation and Opt-Out 

When you register, or express interest in, or utilize TF Consulting Resources via  https://www.brightwoodresearch.com, or https://www.tamrafeldman.com/ (including through mobile devices and applications), or via email, sign-up list(s), in person or virtual interactions, or otherwise, including for example, to take part in paid marketing research opportunities, your contact information and other information provided will be retained by Brightwood Research and TF Consulting.  In addition, you may consent to receive emails, text messages, telephone calls, and push notifications related to TF Consulting Resources, including opportunities to participate in research studies, and you give TF Consulting (including its contractors, employees, designees or third-parties who have relationships with TF Consulting) permission to do so, until and unless you opt-out, as set forth below.  You expressly provide permission to receive telephone calls, including on your cellular phone, emails, text messages, and other forms of communication from TF Consulting (including its contractors, employees, designees or third-parties who have relationships with TF Consulting) with regard to participation in marketing research opportunities.  In addition, you acknowledge and agree that submitting  information via online survey to TF Consulting, there is no guarantee that you will be chosen, selected or qualify for any online surveys or in-person groups, or will receive any compensation, and TF Consulting has no obligation to provide you with such opportunities or compensation.  

TF Consulting is exempt from the Federal Do Not Call List, as it only engages in legitimate marketing, survey, and opinion research.  Conversely, telemarketers, telemarketing, and sellers or promoters of goods and services would be covered.  Despite this, it is never the intention of TF Consulting to call anyone who does not want to be contacted.  Please do not hesitate to contact us if you do not wish to receive further calls, and we will undertake reasonable efforts to ensure you are removed from our contact list.  

In order to register for and/or participate in TF Consulting Resources, you must provide all required information, which includes personal information. In some cases, at the sole discretion of TF Consulting, you may not meet the criteria and/or profile for a specific TF Consulting Resources opportunity, and may not be selected to participate. You acknowledge and agree that TF Consulting does not guarantee that you will qualify and/or be selected for any TF Consulting Resource, including online surveys or in-person groups, and we have no obligation to provide you with survey or focus group opportunities.  If we have reasonable grounds to question the truthfulness of the information provided, or otherwise engage in conduct which violates TF Consulting’s policies, we reserve the right, in our sole discretion, to suspend or terminate your use of  https://www.brightwoodresearch.com, https://www.tamrafeldman.com/ and TF Consulting Resources and refuse any and all current or future use by you.

In addition to the Privacy Policy, you are also subject to any additional posted guidelines, policies, or rules applicable to specific services and features on  https://www.brightwoodresearch.com or  https://www.tamrafeldman.com/ which may be posted by us from time to time, at our sole discretion, (the “Guidelines”), and we encourage you to read such Guidelines. All of these Guidelines are part of these Terms and are hereby incorporated by reference. To the extent that any terms of these Terms conflict with any Guidelines, these Terms shall control.  These Terms, and any future modifications to such Terms, govern your access to and use of  https://www.brightwoodresearch.com, https://www.tamrafeldman.com/ and TF Consulting Resources, and constitute a legal contract between you and TF Consulting. If you do not agree to these Terms, please immediately discontinue using https://www.tamrafeldman.com/and TF Consulting Resources.

You may opt-out of further contact by TF Consulting, by sending an email to info@brightwoodresearch.com, requesting to be removed from further contacts.  Your email should include your name, address, telephone number, and email address in order to allow TF Consulting to process your request, which may take up to seven (7) business days upon receipt of all required information.  

Use of  https://www.brightwoodresearch.com and https://www.tamrafeldman.com/

You must not use or attempt to access  https://www.brightwoodresearch.com or https://www.tamrafeldman.com/ or TF Consulting Resources by any means other than as permitted in these Terms, or in any way that causes, or may cause, damage to  https://www.brightwoodresearch.com, https://www.tamrafeldman.com/ or TF Consulting Resources or impairment of the availability or accessibility of  https://www.brightwoodresearch.com, https://www.tamrafeldman.com/ or TF Consulting Resources; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity. You agree to indemnify and hold harmless TF Consulting and its subsidiaries, affiliates, officers, employees, contracted employees, interns, agents, partners, licensors and successors for any damage or harm caused by your use or misuse of  https://www.brightwoodresearch.com, https://www.tamrafeldman.com/ or TF Consulting Resources.

TF Consulting offers  https://www.brightwoodresearch.com, https://www.tamrafeldman.com/ and TF Consulting Resources as-is and as-available, and makes no representations or warranties of any kind concerning them, whether express, implied, statutory, or other.  This includes, without limitation, warranties of title, merchantability, fitness for a particular purpose, non-infringement, absence of latent or other defects, accuracy, or the presence or absence of errors, whether or not known or discoverable.  

In no event will TF Consulting, its subsidiaries, affiliates, officers, employees, contracted employees, interns, agents, partners, clients, licensors and successors be liable to you on any legal theory (including, without limitation, negligence) or otherwise for any direct, special, indirect, incidental, consequential, punitive, exemplary, or other losses, costs, expenses, or damages arising from use of  https://www.brightwoodresearch.com, https://www.tamrafeldman.com/ and TF Consulting Resources, even if TF Consulting had been advised of the possibility of such losses, costs, expenses, or damages.  This disclaimer of warranties and limitation of liability must be interpreted in a manner that, to the extent possible, most closely approximates an absolute disclaimer and waiver of all liability.  You will be solely liable for any and all damages to you, TF Consulting, its subsidiaries, affiliates, officers, employees, contracted employees, interns, agents, partners, clients, licensors and successors, or any third-party related to your use of  https://www.brightwoodresearch.com, https://www.tamrafeldman.com/ and TF Consulting Resources, and agree to indemnify and hold harmless TF Consulting (including their subsidiaries, affiliates, officers, employees, contracted employees, interns, agents, partners, licensors and successors) for any alleged damages or claims related to your use of  https://www.brightwoodresearch.com, https://www.tamrafeldman.com/ and TF Consulting Resources, or related to your receipt of emails, text messages, or telephone calls from TF Consulting and its agent, or otherwise for any reason.

TF Consulting and those covered by this release of liability and indemnification are not bound by any additional or different terms communicated by you unless expressly agreed, in writing.  Even if you fail to comply with these terms, all additional obligations upon you stated herein continue to remain in place in perpetuity.  If any part of these terms is for any reason held to be unenforceable, the rest of it remains fully enforceable.  No term will be waived and no failure to comply consented to unless expressly agreed to by TF Consulting, in writing.  New Jersey law applies to these terms without regard to any choice-of-law rules that might direct the application of the laws of any other jurisdiction.

Compensation

Compensation for properly and fully participating in TF Consulting Resources such as online surveys or participation in in-person groups (including any related or follow-up telephone and/or online surveys or questionnaires) will vary depending upon the length of time involved and nature of the online survey or focus group or other research opportunity, and will be provided, in TF Consulting’s sole discretion, as individually noted on a case-by-case basis. TF Consulting reserves the right to compensate participants via cash or cash equivalent, Venmo, PayPal, Amazon giftcard, debit card, or other gift card, in TF Consulting’s sole discretion. If you fail to timely complete a survey, or fully participate in a focus group, or provide any additional information requested, TF Consulting may deny payment, in full or in part, at TF Consulting’s sole discretion.  You agree to be fully and solely responsible for the payment of any taxes that may be due as a result of payments that you receive from us.  If no event shall you be deemed an employee, agent or partner of, or joint venturer with, TF Consulting. TF Consulting shall provide any compensation within 120 business days of completion.

Confidentiality

You agree to maintain the confidentiality of any TF Consulting surveys or focus group which you participate, and any other information (including personal information) which may be disclosed to you or which you may gain access to through  https://www.brightwoodresearch.com, https://www.tamrafeldman.com/ and TF Consulting Resources about TF Consulting, its business and methodology, or clients, in perpetuity.  

Trademarks and Legal Notices

TF Consulting’s trademarks, logos, images, service marks, trade names, and other distinctive branding features used on  https://www.brightwoodresearch.com, https://www.tamrafeldman.com/ and TF Consulting Resources are the trademarks of TF Consulting (Collectively, “TF Consulting Marks”) and may not be used without permission. We are not granting you a license under any intellectual property right to the TF Consulting Marks.  Other trademarks, logos, and trade names that may appear on or in  https://www.brightwoodresearch.com, https://www.tamrafeldman.com/ and TF Consulting Resources are the property of their respective owners (“Third Party Marks”). We are not granting you a license under any intellectual property right to the Third Party Marks. You may not remove any TF Consulting Marks, third party marks or other source indicators from any part of  https://www.brightwoodresearch.com, https://www.tamrafeldman.com/ and TF Consulting Resources. You shall not acquire any right, title, or interest therein. You agree to abide by all copyright notices, information, or restrictions contained in any part of  https://www.brightwoodresearch.com, https://www.tamrafeldman.com/ and TF Consulting Resources.

Copyright Infringement/Digital Millennium Copyright Act Compliance

It is our policy to respond to notices of alleged copyright infringement that comply with the Digital Millennium Copyright Act (“DMCA”).

Notification of Infringement. It is our policy to respect the intellectual property of others and to respond to clear notices of alleged copyright infringement that comply with the DMCA. In addition, we will promptly terminate without notice the accounts of those determined by us to be “repeat infringers.” If you are a copyright owner or an agent thereof and you believe that anything on  https://www.brightwoodresearch.com, https://www.tamrafeldman.com/ or any TF Consulting Resources infringes your copyrights, then you may submit a notification pursuant to the DMCA by providing our Designated Copyright Agent (as listed below) with the information specified by the DMCA. Please note that under Section 512(f) of the DMCA, any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability. You may submit your notification of alleged copyright infringement by sending it to our Designated Copyright Agent by mail or email as set forth below.

Designated Copyright Agent. Our Designated Copyright Agent to receive notifications and counter-notifications of claimed infringement can be reached as follows:

Tamra Feldman, Owner

DMCA Complaints

TF Consulting, LLC

972 Woodmere Drive, Westfield, NJ 07090

Email: tamra@tamrafeldman.com

You acknowledge that if you fail to comply with all the requirements of this section, your DMCA notice may not be valid.

Interactions with Other Users and Third Parties

https://www.brightwoodresearch.com, https://www.tamrafeldman.com/ and TF Consulting Resources may contain links to third party websites or resources. Links to such websites or resources do not imply any endorsement by the TF Consulting of such websites or resources or the content, products, or services available from such websites or resources. Your interactions with other users and third parties, and any terms, conditions, warranties, or representations associated with such dealings, are solely between you and the other user or third party. If there is a dispute between you and any user or third party, TF Consulting is under no obligation to become involved.

You release TF Consulting, and its subsidiaries, affiliates, officers, employees, contracted employees, interns, agents, partners, licensors, clients and successors from claims, demands, and damages of every kind or nature arising out of or related to any disputes with other users and other third parties. If you are a California resident, you waive California Civil Code Section 1542, which says, “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.” And, if you are not a California resident, you waive any applicable state statutes of a similar effect.

Unenforceable Provisions

The failure of TF Consulting to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision. In the event that any provision of these Terms is held to be invalid or unenforceable, then that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of these Terms will remain in full force and effect.

Geographic Restrictions

TF Consulting,  https://www.brightwoodresearch.com, https://www.tamrafeldman.com/ and TF Consulting Resources are hosted in the United States. If you access  https://www.brightwoodresearch.com, https://www.tamrafeldman.com/ and TF Consulting Resources from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

Governing Law and Jurisdiction

These Terms of Service and any dispute or claim arising out of, or related to them, shall be governed by and construed in accordance with the internal laws of the State of New Jersey without giving effect to any choice or conflict of law provision or rule.  Any dispute that arises relating to this agreement shall be settled by binding arbitration in Union County, NJ, in accordance with the rules of the American Arbitration Association, provided that discovery shall be governed by the civil procedure rules of NJ or any successor statute, and judgment upon the award rendered may be entered in any court having jurisdiction. You agree to waive any objection to the jurisdiction of such venue, to the extent permitted by law.

Assignment

TF Consulting may transfer, sub-contract or otherwise deal with TF Consulting’s rights and/or obligations under these terms and conditions without notifying you or obtaining your consent. You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these Terms.

Amendments

We reserve the right, at our sole discretion, to change, modify, add, or remove portions of the Terms at any time by posting a revised version on  https://www.brightwoodresearch.com and https://www.tamrafeldman.com/. We last modified these Terms on the date stated above. Your continued use of  https://www.brightwoodresearch.com, https://www.tamrafeldman.com/ or TF Consulting Resources after the posting of changes will mean you agree to abide by those changes. Prior to each visit or use, please check the current Terms to determine the current Terms to which you are bound. Please note that additional and/or different terms of use may apply to services provided through one or more business associates of TF Consulting and you should refer to those before using such services.

General

The terms including and includes shall be deemed to be followed by the statement “without limitation,” and neither of these terms shall be construed to limit any word or statement it follows to the specific or similar terms or matters immediately following it.

Entire Agreement

These Terms, and our Privacy Policy are the entire and exclusive agreement between TF Consulting and you regarding use and access of  https://www.brightwoodresearch.com, https://www.tamrafeldman.com/ and TF Consulting Resources (excluding any services for which you have a separate agreement with TF Consulting that is explicitly in addition or in place of these Terms), and these Terms supersede and replace any prior agreements between TF Consulting and you regarding  https://www.brightwoodresearch.com, https://www.tamrafeldman.com/and TF Consulting Resources. No other person or company will be third party beneficiaries to the Terms.

Contacting Us

If you have any questions about these Terms, please contact us at:

Tamra Feldman, Owner

TF Consulting, LLC

Brightwood Research

972 Woodmere Drive, Westfield, NJ 07090

Email: tamra@tamrafeldman.com

Source: https://www.tamrafeldman.com/ and https://www.brightwoodresearch.com,