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The eResearch India program ("eResearch India Program") is provided by Dexterity
Business Analysts Pvt. Ltd. ("eResearch India "), located at SP 75, SIDCO Industrial
Estate, Ambattur, Chennai - 600058. The eResearch India Program is provided subject
to compliance with the terms and conditions of this member agreement ("Member Agreement").
Please read this Member Agreement carefully before accessing or using the eResearch
India Program. By accessing or using the eResearch India Program, you agree to be
bound by the terms and conditions set forth below, as if you had actually signed
them.
If you do not agree to the terms and conditions set forth below, you may not
use the eResearch India Program.
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1. Eligibility
- The eResearch India Program is limited to individuals only; corporations
or other business entities may not become Members.
- The eResearch India Program is limited to one (1) account per individual,
even if the individual has multiple e-mail addresses.
- Employees of eResearch India, its subsidiaries, affiliates and related
parties, and members of their household are not permitted to redeem welcome gifts
("Welcome Gifts") or eResearch India Reward Points ("eResearch India Reward Points").
- Automated services, scripts, or other machines are not eligible.
- Member must be eighteen (18) years of age or older to be eligible
to join the eResearch India Program.
- Member must be a citizen of India to be eligible to join the eResearch
India Program.
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2. Member Registration Obligations
- Equipment. In order to access and use the eResearch India Program,
Member needs computer equipment and telecommunications access necessary to connect
to and access the Internet. Member must provide, at Member's own expense, all equipment,
all services (including, where applicable, telephone service) and all related third-party
service fees (such as ISP charges) necessary to access the eResearch India and any
future enhancements or additional services.
- Registration Data. In consideration of use of the eResearch India
Program, Member agrees to provide to eResearch India true, accurate, current, and
complete information as prompted by this Web site's online registration form (the
"Registration Data") and agrees to maintain and promptly update the Registration
Data as necessary in order to keep it true, accurate, current, and complete. If
Member provides any information that is untrue, inaccurate, not current, or incomplete,
eResearch India may suspend or, in the event of a material breach of this Member
Agreement, terminate Member's account immediately and may refuse Member all current
or future use of the eResearch India Program.
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3. Password & Account Access
- Member's Password Account Access Rights & Responsibilities
- Member must select a password as part of the registration process.
- In order to prevent unauthorized activity or access to the eResearch India Program,
Member must give the eResearch India Program his/her e-mail address and selected
password in order to update Member profile information, update personal information
(name, e-mail address, etc.) and redeem eResearch India Reward Points.
- For security purposes, Member is advised to memorize, and not to write down, his/her
password.
- Member is responsible for keeping his/her e-mail address and password confidential,
and is solely responsible for all activities that occur under Member's e-mail address
and password, including all unauthorized activities.
- Member agrees to (a) immediately notify eResearch India of any unauthorized use
of Member's e-mail address and password or any other breach of security related
to this Web site or the eResearch India Program, and (b) ensure that Member logs
out from Member's account at the end of each session.
- Member agrees to abide by all applicable laws and regulations with respect to Member's
account.
- eResearch India's Password & Account Access Rights & Responsibilities
- eResearch India will encrypt Member's password on the database.
- eResearch India is entitled to act on instructions received under Member's password
and e-mail address.
- eResearch India cannot and will not be liable for any credits or debits made to
Member's account by another individual who uses Member's password, or for any loss
or damage arising from Member's failure to adequately safeguard Member's e-mail
address and/or password, provided that such results are not attributable to a failure
of eResearch India, including but not limited to e- eResearch India's fraud or gross
negligence.
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4. Value of eResearch India Reward
Points
- eResearch India Reward Points has no monetary value and may not be redeemed for
cash.
- eResearch India Reward Points is not transferable:
- It may not be auctioned, traded, bartered or sold.
- It is not transferable...
- ...upon death.
- ...by gift.
- ...as part of a domestic relations matter.
- ...or otherwise, except by operation of law.
- eResearch India Member accounts may not be merged under any circumstances.
- eResearch India accounts are not transferable...
- They may not be auctioned, traded, bartered or sold.
- They are not transferable...
- ...upon death.
- ...by gift.
- ...as part of a domestic relations matter.
- ...or otherwise, except by operation of law.
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5. Earning eResearch India Reward
Points
Please read this Member Agreement carefully before accessing or using the eResearch
India Program. By accessing or using the eResearch India Program, you agree to be
bound by the terms and conditions set forth below, as if you had actually signed
them.
Members can earn eResearch India Reward Points each time Member responds to an invitation
to participate in a market research survey.
- The amount of eResearch India Reward Points that can be earned will
be stipulated in each invitation.
- Member acknowledges that he/she may not be eligible to receive invitations
to certain surveys.
On occasion, eResearch India may allow Member to earn additional eResearch India
Reward Points via special earning opportunities.
- The amount of eResearch India Reward Points offered for special earning
opportunities will be stipulated in each special earning opportunity announcement.
- Member must comply with the terms of each special earning opportunity
to earn any such additional eResearch India Reward Points.
Member acknowledges that he/she may not be eligible to receive certain earning opportunities.
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6. Participation in surveys
- Member's Participation in eResearch India, Client, Sponsor or Partner Surveys Rights
& Responsibilities
- Member's participation in eResearch India surveys is solely at Member's discretion.
eResearch India will not be in any way responsible for personally identifiable information
that Member may voluntarily share with Client, Sponsor or Partner in the course
of answering a survey.
- Member is responsible for complying with any rules or terms set forth by Client,
Sponsor or Partner which Member is informed of in advance.
- eResearch India's Participation in Client, Sponsor or Partner Surveys Rights & Responsibilities
- eResearch India assumes no liability, obligation or responsibility for, and makes
no warranty with respect to, any content provided by eResearch India's Clients,
Sponsors or Partners, or any part thereof.
- eResearch India assumes no liability, obligation, or responsibility for the maintenance
of privacy of any personal information given by Member directly to Client, Sponsor
or Partner.
- Member agrees that eResearch India shall not be responsible or liable for any loss
or damage of any sort incurred as the result of any dealings between Member and
Clients, Sponsors or Partners, or as the result of the presence of such Clients,
Sponsors or Partners Web sites on this Web site or via the eResearch India Program.
- The limitations and exclusions above in Section 6b i. and ii. shall be subject to
local law considerations.
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7. Redeeming eResearch India Reward
Points
Once Member has accrued the minimum amount of eResearch India Reward Points required
to make a redemption ("threshold level"), Member may redeem his/her accrued
eResearch India Reward Points for rewards ("Rewards") as outlined in eResearch
India's then-current standard Reward redemption chart.
The Rewards represented on the chart, and the threshold level, are subject to change
by eResearch India at any time and without prior notice.
Member may redeem eResearch India Reward Points on the "Rewards" section of this
Web site found under My Accounts after signing in.
Member redemptions for Rewards offered by eResearch India Sponsors and Reward Partners
are limited. Members may view Reward redemption rules on the eResearch India Web
site.
eResearch India assumes no liability, obligation or responsibility for, and makes
no warranty with respect to, any damages resulting from the usage of any Rewards
provided by eResearch India's Sponsors or reward partners ("Reward Partners"),
or any part thereof, said Rewards (goods or services) being subject to eResearch
India's Sponsors and Reward Partners terms and conditions.
- eResearch India assumes no liability, obligation, or responsibility for the transactions
between Member and Sponsor or Reward Partner, including but not limited to:
- Fulfillment and timeliness of delivery of Sponsor or Reward Partner goods or services.
- Security associated with credit card or other transactions directly initiated by
Member with Sponsor or Reward Partner.
- Maintenance of privacy of any personal information given by Member directly to Sponsor
or Reward Partner.
- Member agrees that eResearch India shall not be responsible or liable for any loss
or damage of any sort incurred as the result of any dealings between Member and
Sponsors or Reward Partners, or as the result of the presence of such Sponsors or
Reward Partners on this Web site or via the eResearch India Program. By way of example,
eResearch India shall not be responsible if Member does not receive the Reward chosen
when Member redeems eResearch India Reward Points; if Member is dissatisfied with
the Reward chosen; if a Sponsor or Reward Partner ceases business operations or
is otherwise unable to provide Members chosen Reward, etc. Member understands that
all goods and services offered through the eResearch India Program are offered by
third parties, and that eResearch India does not operate, control or endorse any
information, goods or services in any way. Member understands that Sponsors and
Reward Partners may place restrictions on the use of goods and services offered
through the eResearch India Program. The limitations and exclusions above in Section
7 shall be subject to local law considerations.
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8. Expiration of eResearch India Reward
Points
All Members will be assigned a membership year based upon the date of enrollment
in the eResearch India ("Membership Year"). As described below, Member's
initial Membership Year will be between twelve (12) and fifteen (15) months in duration.
Each subsequent Membership Year will be twelve (12) months in duration. Each Membership
Year will end on the last day of a calendar quarter and shall be determined according
to the Member's enrollment date as follows:
- Members whose enrollment date is on or before December 31, 2007 shall
be assigned a Membership Year ending on June 30 of the year following enrollment
and June 30 of each year thereafter.
- Members whose enrollment date is on or after January 1, 2008 shall
be assigned a Membership Year ending on the last day of the calendar quarter in
which the Member enrolled of the year following enrollment and on the last day of
the calendar quarter of each year thereafter. For example:
- Those who enroll between January 1 and March 31, 2008 shall be assigned a Membership
Year ending on March 31, 2009 and then on March 31 of each year thereafter.
- Those who enroll between April 1 and June 30, 2008 shall be assigned a Membership
Year ending June 30, 2009 and then on June 30 of each year thereafter.
- Those who enroll between July 1 and September 30, 2008 shall be assigned a Membership
Year ending September 30, 2009 and then on September 30 of each year thereafter.
- Those who enroll between October 1 and December 31, 2008 shall be assigned a Membership
Year ending December 31, 2009 and then on December 31 of each year thereafter.
All eResearch India Reward Points earned during any Membership Year must be redeemed
within thirty (30) days following the end of the Membership Year. (For example:
A Member who enrolls on August 21, 2008 is assigned a Membership Year ending on
September 30, 2009 and must redeem Reward Points earned during the Membership Year
running from August 21, 2008 to September 30, 2009 by no later than October 30,
2009.)
Following the end of the thirty (30) day period, as set forth in Section 8.b. above,
seventy-five percent (75%) of any unused eResearch India Reward Points remaining
in a Member's account that was earned during the just-ended Membership Year will
expire, and will be removed from the Member's account. The remaining twenty-five
percent (25%) of the eResearch India Reward Points earned by the Member during the
past Membership Year shall be automatically transferred into such Member's account
balance for the next Membership Year. For example: At midnight of July 30, 2008,
Member has 1000 of unredeemed eResearch India Reward Points earned in the Membership
Year ending June 30, 2008, and 50 of unredeemed eResearch India Reward Points earned
between July 1 and July 30, 2008, for a total account balance of 1050 in eResearch
India Reward Points. On the morning of July 31, 2008, Member will have a total account
balance of 300 in eResearch India Reward Points: 50 earned in July 2008, plus 250
(25% of 1000) rolled over from the Membership Year ending June 30, 2008.
If Member's account has been inactive for twelve (12) months immediately preceding
the end of the Membership Year, one-hundred percent (100%) of any unused eResearch
India Reward Points remaining in the a Member's account that was earned during the
just-ended Membership Year will expire, and will be removed from the Member's account.
At eResearch India's sole discretion, eResearch India may choose to waive or defer
enforcement of the expiration of a Member's eResearch India Reward Points.
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9. Proprietary Rights to Content
Member agrees that title, ownership rights, and other intellectual property and
proprietary rights in the eResearch India Program shall remain in eResearch India
and/or its licensors and suppliers.
Member acknowledges that the content of this Web site and the eResearch India Program
- including but not limited to text, sound, photographs, graphics, software or other
material contained in either eResearch India, Sponsor, Client, Partner or Reward
Partner electronic mail communications, services or software - is copyrighted by
eResearch India and/or its licensors and suppliers in India and international copyright
laws and author's rights laws, is subject to other intellectual property and proprietary
rights and laws, and is owned by eResearch India or its licensors and suppliers.
Save as otherwise provided by applicable copyright law and/or author's rights laws,
such content may not be copied, modified, reproduced, republished, posted, transmitted,
sold, offered for sale, or redistributed in any way without the prior written permission
of eResearch India and its applicable licensors or suppliers, with the sole exception
that one copy of any necessary software that may be provided by eResearch India,
its Clients, Sponsors, Partners or Reward Partners may be downloaded onto a single
computer for Member's personal, non-commercial use. Member must abide by all copyright
notices, information, or restrictions contained in or attached to any such content.
Member may use eResearch India's, Sponsor's, Client's, Partner's or Reward Partner's
content, service or software only as expressly authorized by e eResearch India,
the Sponsor, the Client, the Partner or the Reward Partner.
Member acknowledges and agrees that the eResearch India Program and any necessary
software provided by eResearch India or its Sponsors, Clients, Partners, Reward
Partners or other third-party partners and used in connection with the Services
("Software") contain proprietary and confidential information that is protected
by applicable intellectual property and other laws. eResearch India grants Member
a personal, non-transferable and nonexclusive right and license to use the object
code of any such Software on a single computer and solely in connection with Member's
use of this Web site and the eResearch India Program; provided that Member does
not (and does not allow any third party to) otherwise copy, modify, create a derivative
work of, reverse engineer, reverse assemble or otherwise attempt to discover any
source code (save as otherwise allowed by applicable copyright law for purposes
of achieving interoperability with third party program), sell, assign, rent, lease,
loan, sublicense, grant a security interest in, or otherwise transfer any right
in any such Software. Member agrees not to modify any such Software in any manner
or form, or to use modified versions of any such Software, including (without limitation)
for the purpose of obtaining unauthorized access to the eResearch India Program.
Member agrees not to access the eResearch India Program by any means other than
through the interface that is provided by eResearch India for such use.
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10. Member Conduct
Member agrees not to use the eResearch India Program or this Web site to:
- Violate applicable law;
- Stalk, harass, or harm another individual;
- Collect or store personal data about other Members;
- Impersonate any person, or otherwise misrepresent Member's identity;
- Interfere with, disrupt or violate the terms and conditions and operating
rules of the eResearch India Program or servers or networks connected to the eResearch
India Program; or disobey any requirements, procedures, policies, or regulations
of such networks;
- Interfere with another Member's use of the eResearch India Program;
- Attempt to gain unauthorized access to the eResearch India Program,
or to other accounts, computer systems, or networks connected to the eResearch India
Program;
- Transmit any file that contains viruses, worms, Trojan horses, or
any other contaminating or destructive features;
- Use the eResearch India Program to conduct any activity or solicit
the performance of any illegal activity or other activity that infringes the rights
of others;
- Resell, barter, trade, auction or otherwise generate income by providing
access to the eResearch India Program to others.
Member agrees to provide truthful and well considered answers to all survey questions.
- eResearch India reserves the right to withhold awarding eResearch
India Reward Points to Member if, in eResearch India's reasonable view, Members'
survey question responses are untruthful or not well considered.
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11. Termination
This Member Agreement commences upon Member's acceptance of this Member Agreement
and completion of the registration process. This Member Agreement, and your account,
may be terminated as follows:
- a. By Member. Member may terminate membership in the eResearch India
Program at any time. Member's termination of the eResearch India Program is effective
upon Member terminating his/her membership on this Web site.
- b. By eResearch India. eResearch India may terminate this Member Agreement,
Member's password, account or use of the Member Service, and remove and discard
any Member content effective immediately and without prior notice, for any reason,
including, without limitation, inactivity; failure to provide accurate Registration
Data; failure to provide accurate or truthful survey responses; sale, resale, auction,
barter, or trade of eResearch India Reward Points; or if eResearch India believes
that Member has violated or acted inconsistently with this Member Agreement.
Effect of Termination. Upon termination by either Member or eResearch
India:
- (i) eResearch India may immediately deactivate or delete Member's
account and all related information and files and/or bar any further access to such
files or the eResearch India Program.
- (ii) Member's right to use the eResearch India Program ceases immediately.
In case of termination of the Member Agreement, Member agrees that eResearch India
shall not be liable to Member or to any third party for any termination of Member's
account or Member's access to the eResearch India Program.
Member may elect to discontinue receiving electronic communication from eResearch
India without terminating Member's account by clicking on the unsubscribe link found
at the bottom of electronic communications from eResearch India.
Survival. The provisions of Sections 3b, 4, 6b, 9, 11, 12 and from
14 to 22 shall survive any termination of this Member Agreement.
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12. Privacy Policy
Kindly see our Privacy Policy
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13. Modification of Terms & Conditions
eResearch India reserves the right to modify this Member Agreement at any time without
prior notice. eResearch India may notify Member of changes to this Member Agreement,
via e-mail and/or by posting a notice on the eResearch India Web site.
eResearch India may discontinue, add to or revise any or all aspects of the eResearch
India Program in its sole discretion and without notice, including access to any
support services, publications and other products or services ancillary to the eResearch
India Program or membership. Sponsors and Reward Partners may be added, deleted,
changed or modified at any time in eResearch India's sole discretion.
If Member objects to any changes to the Member Agreement, Member's sole recourse
shall be termination of the Member Agreement as set forth in Section 11 a. i. above.
Any new or additional features of the eResearch India Program shall be subject to
this Member Agreement.
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14. Notice
Except as provided above with respect to modifications of this Member Agreement,
eResearch India may deliver notices to Member by prepaid certified mail, return
receipt requested at the address in eResearch India's database, or via electronic
mail at the e-mail address in eResearch India's database; any such notice shall
be deemed effectively given upon delivery. Member may give notice to eResearch India
by prepaid certified mail, return receipt requested at the following address: SP
75, SIDCO Industrial Estate, Ambattur, Chennai - 600058 Attn: Legal Department,
and any such notice shall be effective upon receipt.
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15. Links
The provision by eResearch India of a link to any other Web site or Internet location
is for Member's convenience only and does not signify eResearch India's endorsement
of such other site or location or its contents. eResearch India shall not be liable
for any information, software or links found at any other Web site, Internet location
or source of information, or for Member's use of such information, software or links.
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16. Resale
Member agrees not to reproduce, duplicate, copy, barter, trade, auction, sell, resell
or exploit for any commercial purposes, any portion of this Web site, the eResearch
India Program, use of the eResearch India Program, eResearch India Reward Points,
or access to the eResearch India Program. The eResearch India Program is provided
for Member's personal, non-commercial use only.
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17. Use and Storage
Member acknowledges that eResearch India may establish general practices and limits
concerning use of the eResearch India Program, including, without limitation, the
maximum number of days that information, data, account history or other uploaded
content will be retained by the eResearch India Program, the maximum disk space
that will be allotted on eResearch India's servers on Member's behalf, and the maximum
number of times (and the maximum duration for which) Member may access the eResearch
India Program in a given period of time. Member acknowledges that eResearch India
reserves the right to terminate accounts that are inactive for twelve (12) months
or longer, as defined inactive by eResearch India in its sole discretion. Member
further acknowledges that eResearch India reserves the right to change these general
practices and limits at any time, in its sole discretion, with or without notice.
Member agrees that eResearch India has no responsibility or liability for the deletion
or failure to store any information or data and other communications or other content
maintained or transmitted by or through the eResearch India Program.
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18. Trademark Information
eResearch India and the eResearch India logo are trademarks of Dexterity Business
Analysts Pvt. Ltd. Other eResearch India trademarks, as well as any third-party
trademarks, service marks, logos and trade names appearing on this Web site or on
or through the eResearch India Program, are the property of their respective owners.
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19. Disclaimer of Warranties
To the extent permitted by applicable law:
Member agrees that use of the eResearch India Program and this Web site is solely
at the risk of the Member. The eResearch India Program and all services offered
therein are provided on a strictly "as is" and "as available"
basis, without representation or warranty of any kind. Neither eResearch India nor
its third-party partners make any warranty, express or implied:
- With regard to any products, services, or gifts obtained by Members
through the eResearch India Program or through Clients, Sponsors, Partners or Reward
Partners.
- That the eResearch India Program will meet Member's requirements.
- That the eResearch India Program will be uninterrupted, timely, free
of errors or without defects.
- As to the results a Member may obtain by using the eResearch India
Program.
- As to the accuracy or reliability of any information obtained via
the eResearch India Program.
eResearch India expressly disclaims any and all express, implied and statutory warranties
regarding the eResearch India Program, information, services or goods provided by
or through the eResearch India Program (other than those incapable of exclusion
under the laws applicable to this Member Agreement), including, but not limited
to:
- The implied warranty of merchantability;
- The implied warranties of fitness for a particular user or purpose;
and
- Non-infringement.
eResearch India cannot and shall not be liable or responsible for those guarantees,
warranties and representations, if any, offered by Clients, Sponsors, Partners,
Reward Partners, manufacturers of merchandise or suppliers of services. No advice
or information, whether oral or written, obtained by a Member from eResearch India
or via the eResearch India Program shall create any warranty not expressly made
herein.
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20. Limitation of Liability
Neither eResearch India nor its officers, directors, stockholders, subsidiaries,
employees, agents, licensors, affiliates, or other third-party providers shall be
held liable for any damages or losses, whether direct, indirect, incidental, special,
consequential or exemplary damages resulting from:
- The use or inability to use the eResearch India Program;
- The cost of procurement of substitute goods or services;
- Any transaction entered into or through the eResearch India Program;
- The reliance on or use of any information, goods, services or merchandise
provided on the eResearch India Program;
- Unauthorized access to or alteration of Member's transmissions or
data;
- Statements or conduct of any third party;
- Any claim attributable to errors, omissions or other inaccuracies
in the eResearch India Program and/or materials or information retrieved through
the eResearch India Program; or
- Any other matter relating to the eResearch India Program or this Member
Agreement.
The above limitation is applicable even if eResearch India or its authorized representatives
have been advised of (or know or should know of) the possibility of such damages.
Because some jurisdictions do not allow the exclusion of certain warranties or the
limitation or exclusion of liability for incidental or consequential damages, some
of the above limitations and disclaimers may not apply to Member. Member's rights
vary from jurisdiction to jurisdiction. To the extent that we may not, as a matter
of applicable law, disclaim any implied warranty, the scope and duration of such
warranty shall be the minimum permitted under such applicable law.
Member acknowledges and agrees that eResearch India neither endorses the contents
of any electronic mail or Internet communications nor shall be held responsible
or liable for:
- The accuracy of material contained in electronic mail, Internet, or
other communications.
- Any infringement of third-party intellectual property rights arising
from the electronic mail, Internet, or other communications.
- Any fraud or other crime facilitated by the electronic mail, Internet,
or other communications.
Member agrees that eResearch India is not liable to Member or to any third party
for any modification, suspension or discontinuance of any part or all of the eResearch
India Program, including changes or discontinuances of service from particular providers
to the eResearch India Program, which may affect the amount of the eResearch India
Reward Points offered or the accrual of eResearch India Reward Points.
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21. Governing Laws
The Member Agreement shall be governed by and construed according to laws in India,
as applicable, in the Courts of Chennai, Tamil Nadu., notwithstanding the actual
residence of the parties.
The Member Agreement constitutes the complete, final and exclusive understanding
between eResearch India and Member relating to the subject matter hereof and governs
Member's use of the eResearch India Program, superseding all prior or contemporaneous
understandings, agreements and/or communications with respect to such subject matter.
Member may be subject to additional terms and conditions that may apply when Member
obtains or uses third-party content, third-party software or goods and services
provided by or through Clients, Sponsors, Partners, Reward Partners or other third-party
partners of eResearch India.
If any provision(s) of the Member Agreement is (are) held by a court of competent
jurisdiction to be invalid, then such provision(s) shall be construed, as nearly
as possible, to reflect the intentions of the parties, and all other provisions
shall remain in full force and effect. eResearch India and Member agree that all
lawsuits or proceedings arising out of this Member Agreement; the enforceability,
interpretation, or questions concerning the arbitration provisions set out below;
or out of Member's use of the eResearch India Program shall be brought in the Courts
of Chennai, Tamilnadu, India, and the parties hereby irrevocably submit to the exclusive
personal jurisdiction of such courts for such purpose.
eResearch India's failure to exercise or enforce any right or provision of this
Member Agreement shall not constitute a waiver of such right or provision unless
acknowledged and agreed to by eResearch India in writing.
Member agrees that notwithstanding any statute or law to the contrary, any claim
or cause of action arising out of or related to the use of the eResearch India Program
or this Member Agreement must be filed within one (1) year after the claim or cause
of action arose or be forever barred.
Neither the course of conduct between the parties nor trade practice shall act to
modify any provision of this Member Agreement.
eResearch India may assign its rights and delegate its duties under this Member
Agreement to any party at any time without notice to Member.
All headings in this Member Agreement are for convenience only and have no legal
effect.
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22. Indemnification
Member agrees to indemnify and hold harmless eResearch India and its subsidiaries,
predecessors, successors, affiliates, officers, directors, employees, agents, licensors,
suppliers, co-branders, third-party providers, Clients, Sponsors, Partners, Reward
Partners or other partners, from and against any and all claims, losses, costs (including
court costs), fees (including legal fees), damages and expenses that such parties
may incur as a result of, due to, or arising out of the negligent or willful violation
by Member (or anyone acting under Member's account or password) of this Member Agreement
or the use or misuse of the eResearch India Program by Member (or anyone acting
under Member's account or password), or the violation of any rights of another by
Member (or anyone acting under Member's account or password).
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