TERMS OF USE AND PRODUCT PURCHASE

(Effective: October 25, 2024)

The https://nextinresearch.com web site is owned and operated by Marketplace Innovations, LLC (“Marketplace”). These Terms and Product Purchase (“Terms” or “Agreement”) are intended to make you aware of the terms and conditions of your use of the https://nextinresearch.com web site, any Content (as defined herein), or other products that are offered or provided by Marketplace (collectively, the “Site”). The Site, Content, and Products are sometimes collectively referred to herein as “Marketplace Materials”.

PLEASE READ THESE TERMS OF USE CAREFULLY. BY USING OR OTHERWISE ACCESSING THE SITE, CREATING, REGISTERING OR ACCESSING AN ACCOUNT, PURCHASING PRODUCTS, POSTING OR DOWNLOADING CONTENT OR ANY OTHER INFORMATION TO OR FROM THE SITE, OR MANIFESTING YOUR ASSENT TO THESE TERMS OF USE IN ANY OTHER MANNER, YOU HEREBY UNEQUIVOCALLY AND EXPRESSLY AGREE TO BE BOUND BY, AND SHALL BE SUBJECT TO, THESE TERMS. IF YOU DO NOT UNEQUIVOCALLY AGREE TO THESE TERMS OF USE, YOU MAY NOT USE OR OTHERWISE ACCESS THE SITE, CREATE, REGISTER OR ACCESS AN ACCOUNT OR POST OR DOWNLOAD CONTENT OR ANY OTHER INFORMATION TO OR FROM THE SITE.

I. General

 Additional Terms. The disclaimers, terms and conditions on these pages are of general application and may be supplemented by additional policies, procedures, disclaimers, guidelines, rules, terms or conditions of specific application disclosed by Marketplace, including through a registration process or other means. In the event of a conflict between these Terms and any additional policies, procedures, disclaimers, guidelines, rules, terms or conditions of specific application, the additional policies, procedures, disclaimers, guidelines, rules, terms or conditions of specific application shall control. In the event of a conflict between these Terms and any specific written agreement for services between you and Marketplace, these Terms shall control the use of the Content or the Products.

 Updates. Marketplace reserves the right, at its discretion, to change, modify, add or remove portions of these Terms at any time by posting such changes to this page. You understand that you have the affirmative obligation to check these Terms periodically for changes, and you hereby agree to periodically review these Terms for such changes. The continued use of the Site following the posting of changes to these Terms will constitute your acceptance of those changes.

 Termination. Marketplace reserves the right to terminate this Agreement at any time and for any reason upon ten (10) days’ notice to you. Further, you agree that Marketplace shall not be liable to you or any third-party for any termination or suspension of your access to the Site or any part thereof, removal of Content or sale of any products. You may terminate this Agreement at any time by immediately discontinuing all access to the Site and by providing notice to Marketplace of such discontinuance. Termination or cancellation of this Agreement shall not affect any right or relief to which Marketplace may be entitled at law or in equity.

 License. Marketplace hereby grants you a limited, nonexclusive, nonassignable, nontransferable single-seat license to access and use the Site, or use the Content or the Products (or any products purchased from Marketplace) solely for your own personal, non-commercial purposes or the internal business needs of the entity of which you are an authorized representative, as the case may be, subject to your agreement to, compliance with and satisfaction of these Terms. You may use the Site, the Content, or the Products solely on an internal basis, and view, retrieve, copy, and use the Site, Content, or the Products solely on an internal basis, and may not make commercial use thereof, except as permitted by Marketplace. All other forms of commercial use, distribution, or publication are strictly prohibited. All rights not otherwise expressly granted by these Terms are reserved by Marketplace. If you do not comply with the Terms at any time, Marketplace reserves the right to revoke the aforementioned license(s), limit your access to the Site, the Content, the Products, or any other products purchased from Marketplace. You agree not to reproduce, duplicate, copy, distribute, transmit, sell, trade, resell or exploit for any purpose any portion of or any information from the Site, the Content, the Products, or any other products purchased from Marketplace, except as expressly authorized. You may not obscure or remove any proprietary rights or notices contained in or on the Site, the Content, or the Products. You are solely responsible for providing, maintaining and ensuring the compatibility of all hardware, software, electrical and other physical requirements necessary for your access to and use of the Site, the Content, the Products, or any part thereof. We reserve all rights not otherwise expressly granted by this Agreement. If you do not comply with this Agreement, we reserve the right to revoke any license granted in this Agreement and limit your access to this Site, the Content, or the Products. Any use of this Site, the Content, or the Products that exceeds the rights expressly granted in this Agreement is strictly prohibited and constitutes a violation of this Agreement, which may result in the termination of your right to access and use this Site. You are not acquiring any rights in or to the Content or the Products other than a non-exclusive right to access and use the Site, the Content, or the Products solely in accordance with the terms of this Agreement.

 Limited Use / Disclosure. Notwithstanding anything contained herein to the contrary, You may only access and use the Content and the Products on an internal basis, provided that You may disclose “Limited Excerpts”· (meaning MarketPlace information contained in the Content and the Products that is not of sufficient quantity or quality as to have independent commercial value, as determined by MarketPlace in its sole discretion) (i) to its media planning and/or ad-buying services, and (ii) in aggregated form as reasonably required for presentations to third parties, provided that no such third party shall be entitled to retain a copy thereof; in each case, provided, however, that any disclosure must be accurately sourced to Nielsen, not claim Nielsen as the source of any independently generated information, and not be presented in a misleading manner. You may provide the MarketPlace information contained in the Content and the Products to a third party which has entered into Nielsen’s then standard form of agreement for such third party, as established by Nielsen in its sole discretion. At its sole discretion, Nielsen may decline to enter into such agreement or grant a third party access or rights to Nielsen Information, and Nielsen reserves the right to charge for such access. Nielsen is not responsible for the accuracy of information produced by such third party from Nielsen Information.

Denial of Access. Marketplace may discontinue or alter any aspect of the Site, remove Content or Products, functionality or applications from the Site, restrict the time the Site is available or restrict the amount of use permitted at Marketplace’s sole discretion and without prior notice or liability. You agree that Marketplace may, under certain circumstances, immediately suspend and/or terminate your access to the Site or any part thereof. You further agree that such measures shall be taken in Marketplace’s sole discretion and without liability to you or any third party. Marketplace may also install bug fixes, updates, patches, and other upgrades to this Site without prior notice or liability to you. Your only remedy is to discontinue using this Site if you do not want a modification Marketplace makes to this Site.

 Intellectual Property Ownership. Unless otherwise specifically noted in these Terms or on the Site, the Content, or the Products, images, trademarks, service marks, logos and icons displayed on the Site, the Content, or the Products are the property of Marketplace and/or its licensors and may not be used without Marketplace’s prior written consent. Trademarks owned by third parties are the property of those respective third parties. The Site, the Content, or the Products are the copyrighted property of Marketplace, and it may not be reproduced, recreated, modified, accessed or used in any manner or disseminated or distributed to any other party in violation of these Terms. Any unauthorized use of any Site, the Content, or the Products, whether owned by Marketplace or other parties, may violate copyright laws, trademark laws, privacy and publicity laws and communications regulations and statutes. You will not copy, reverse engineer, disassemble, decompile, translate, modify, reproduce, republish, transmit, sell, offer for sale, disseminate or redistribute the intellectual property found in the Site, in the Content, or any Product, or any part thereof or grant any other person or entity the right or access to do so. For purposes of these Terms, references to “post” or “posting” shall refer to any manner of posting, transmitting, uploading, providing, making available or otherwise transferring material or information.

II. Your Use of the Site

 User Accounts. For certain aspects of the Site, you may be asked to register an account. In the event you agree to register an account, you will select and/or receive a username and password upon providing registration information and successfully completing the registration process. This account is personal to you, and you will not share it or allow any other person to utilize your account. You are responsible for maintaining the confidentiality of your username and password and are fully responsible for all activities that occur under your username and password. You agree to immediately notify Marketplace in the event (a) your registration information changes, or (b) you learn of or have reason to suspect any unauthorized use of your account or any other breach of security. You also agree that you will provide truthful and accurate information during the registration process. Marketplace may refuse to grant a particular username to you for any reason, including, without limitation, in the event Marketplace determines that such username impersonates someone else, is protected by trademark or other proprietary right law or is vulgar or otherwise offensive.

 User Representations. You hereby represent and warrant to Marketplace that (a) you have the power and authority to enter into and perform your obligations under this Agreement; (b) all information provided by you to Marketplace is truthful, accurate and complete; (c) you will comply with the terms and conditions of these Terms and any other agreement to which you are subject that is related to your use of the Site, the Content, or the Products or any part thereof; (d) you have provided and will maintain accurate and complete registration/account information with Marketplace, including, without limitation, your legal name, email address and any other information Marketplace may reasonably require; (e) your access to and use of the Site, the Content, or the Products or any part thereof will not constitute a breach or violation of any other agreement, contract, terms of use or any law or regulation to which you are subject; (f) you will immediately notify Marketplace in the event that you learn or suspect that your registration information, username or password has been disclosed or otherwise made known to any other person; (g) you will not use the Site in order to gain competitive intelligence about Marketplace, the Site or any product offered via the Site or to otherwise compete with Marketplace or its affiliates; and (h) if you purport to be the agent of, represent or otherwise act on behalf of an entity or any other person, that you are in fact an authorized representative of such entity or other person.

III. Content

 Content. You acknowledge that the Site may contain or provide access to information, designs, compilations, magnetic translations, digital conversions, software, photos, video, text, graphics, music, sounds or other material provided by Marketplace or third parties (collectively, “Content”) that are owned by Marketplace or one of its affiliates or vendors, and protected by copyright, patent, trademark, trade secret or other intellectual property laws, and that these rights are valid and protected in all forms, media and technologies existing now or hereafter developed. You may not use images, trademarks, service marks, logos and/or icons displayed on the Site as these are our property and/or our licensors’ and may not be used without our written permission. You may not obscure or remove any proprietary rights or notices contained in or on the Site. All copyrighted material, trademark, service mark, legal, proprietary or other notice must not be removed from the Site, the Content, or the Products you may access.

 Feedback. We welcome your comments, feedback, information, or materials regarding this Site, the Content, or the Products or any of the Services (collectively, “Feedback”). In the event you provide any Feedback via this Site, you hereby make the following additional representations and warranties to us: (1) you are owner of such Feedback or otherwise have the right to grant us the licenses or assignments granted pursuant to this Agreement; (2) you have secured any and all consents necessary to provide the Feedback and to grant the foregoing licenses or assignments; (3) the Feedback does not violate the rights of any third party, including, without limitation, the intellectual property, privacy or publicity rights of any third party, and such Feedback does not contain any personally identifiable information about third parties in violation of such parties’ rights; (4) the use of any Feedback will not result in harm or personal injury to any third party; and (5) all factual information contained in the Feedback is true and accurate. By submitting your Feedback to us, you agree to assign, and hereby irrevocably assign to us, all right, title, and interest in and to the Feedback and all copyrights and other intellectual property rights embodied in such Feedback on a worldwide basis. We will be free to use, copy, distribute, publish and modify your Feedback on an unrestricted basis, without compensation to you. Moreover, you hereby assign or waive, as the case may be, any moral rights that you may have in or to the Feedback.

IV. Privacy

 Your Privacy. Marketplace collects, stores and uses data collected from you in accordance with Marketplace’s Privacy Policy, located at http://nextinresearch.com/privacy-policy. The terms and conditions of the Privacy Policy are hereby expressly incorporated into these Terms. Marketplace may from time to time disclose or transfer some of the information that you provide through your use of the Site to trusted affiliates, independent contractors and partners who will use the information for certain business purposes deemed to be aligned with our goals and business objectives and in a manner consistent with our Privacy Policy, which can be found on our website http://nextinresearch.com/privacy-policy. In addition, the Marketplace may disclose or transfer information collected from users in connection with a sale or restructuring of Marketplace. Some of the information you upload or provide on the Site is subject to federal, state, and local laws regulating the privacy, security, and confidentiality of information. No information system can perfectly guard against the risks of intentional intrusion or inadvertent disclosure of information sent to us. When you use the Site, information transmitted over the Internet is beyond our control. Once we receive your information, your personally identifiable information will be treated as confidential and given the protections as set forth in our Privacy Policy. Please review our Privacy Policy for details.

 Privacy of Others. You agree not to disclose information of other users that you may obtain through your use of the Site to third parties, or use the information for any purposes without the other user’s consent. You agree to only use another user’s information in connection with the Site.

 Links/Other Resources. As a service to our users, the Marketplace may provide links to other websites or resources on the Internet, or information about other resources that may be of interest. However, because Marketplace has no control over such websites or resources, you acknowledge and agree that Marketplace is not responsible for the availability of such external websites or resources, and Marketplace does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources, or for any privacy or other practices of the third parties operating those websites or resources, and the presentation of third-party links or content by Marketplace is not intended to be an endorsement, sponsorship or recommendation by Marketplace. You further acknowledge and agree that Marketplace shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such third-party content, goods or service available on or through any third-party site or resource. Marketplace strongly encourages you to review any separate terms of use and privacy policies governing use of these third-party websites and resources. Please be aware that when you exit the Site, you are subject to the policies of the new website which you may visit or are directed to view.

V. Warranties; Disclaimers; Limitation of Liability; Indemnification

 Disclaimers of Warranties. Marketplace uses reasonable efforts to maintain the Site, but Marketplace is not responsible for any defects or failures associated with the Site, the Content, or the Products, or any part thereof, or any damages (such as lost profits or other consequential damages) that may result from any such defects or failures. The Site, the Content, or the Products may be inaccessible or inoperable for any reason, including, without limitation: (a) equipment malfunctions, (b) periodic maintenance procedures, upgrades or repairs which Marketplace may undertake from time to time, or (c) causes beyond the control of Marketplace or which are not foreseeable by Marketplace. Marketplace will not be liable for failure to provide access to the Site for any reason whatsoever. We do not represent, warrant, or guarantee that this Site, the Content, or the Products will always be completely free of human or technological errors. We will not be liable to you or any third party for damages or losses related to this Site, the Content, or the Products being unavailable.

 NEITHER MARKETPLACE NOR ANY OF OUR AFFILIATES MAKES ANY PROMISES ABOUT THE SITE, THE CONTENT, OR THE PRODUCTS. TO THE MAXIMUM EXTENT ALLOWED BY LAW, MARKETPLACE EXPRESSLY DISCLAIMS ALL WARRANTIES EXPRESS OR IMPLIED AND THE SITE, ANY CONTENT, THE PRODUCTS, AND ANY INFORMATION PROVIDED VIA THE SITE ARE PROVIDED “AS IS” AND “AS AVAILABLE”. MARKETPLACE MAKES NO COMMITMENTS ABOUT THE RELIABILITY, AVAILABILITY, OR SECURITY OF THE SITE AND RELATED TRANSMISSION OF PERSONAL INFORMATION. MARKETPLACE DISCLAIMS ALL WARRANTIES, REPRESENTATIONS, CONDITIONS, UNDERTAKINGS OR OTHER OBLIGATIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. MARKETPLACE DISCLAIMS ANY RESPONSIBILITY FOR OR ANY DECISIONS MADE RELIANT UPON THE SITE, THE CONTENT, OR ANY PRODUCT OFFERED BY MARKETPLACE, AND YOU WAIVE AND DISCLAIM ANY CLAIMS AGAINST MARKETPLACE BASED ON THE USE OF THE SITE, THE CONTENT, OR ANY PRODUCT BASED ON YOUR OWN INDEPENDENT BUSINESS JUDGMENT.

 ALTHOUGH MARKETPLACE USES REASONABLE EFFORTS TO ENSURE THAT THE INFORMATION CONTAINED ON THE SITE IS AS ACCURATE AS POSSIBLE, MARKETPLACE ALSO GIVES NO WARRANTY OF ANY KIND REGARDING THE SITE, THE PRODUCTS, AND/OR CONTENT POSTED OR OTHERWISE MADE AVAILABLE THEREIN. MARKETPLACE, WITHOUT LIMITATION, MAKES NO WARRANTY THAT THE SITE, THE PRODUCTS, ANY CONTENT OR ANY OTHER INFORMATION PROVIDED VIA THE SITE WILL MEET YOUR EXPECTATIONS OR REQUIREMENTS, THAT USE OF THE FOREGOING WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. FURTHER, MARKETPLACE DOES NOT WARRANT THE ACCURACY, COMPLETENESS, CURRENCY OR RELIABILITY OF ANY PRODUCTS OR CONTENT, OR THAT THE RESULTS OBTAINED FROM THE USE OF THE SITE, THE CONTENT, OR ANY PRODUCT WILL BE ACCURATE OR RELIABLE, OR THAT THE QUALITY OF THE SITE, ANY CONTENT, OR ANY PRODUCTS, INFORMATION OR OTHER MATERIAL OBTAINED THROUGH THE SITE WILL MEET YOUR EXPECTATIONS.

 ANY CONTENT OR OTHER MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR SOLE RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH COMPANY CONTENT OR MATERIAL. FURTHER, PLEASE NOTE THAT NO ADVICE OR INFORMATION, OBTAINED BY YOU THROUGH THE SITE OR ANY PRODUCT SHALL CREATE ANY WARRANTY NOT EXPRESSLY PROVIDED FOR IN THESE TERMS OF USE.

 Limitation of Liability. TO THE MAXIMUM EXTENT ALLOWED BY LAW, YOU EXPRESSLY UNDERSTAND AND AGREE THAT MARKETPLACE SHALL NOT BE LIABLE FOR ANY COMPENSATORY, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF MARKETPLACE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (I) THE USE OR THE INABILITY TO USE THE SITE OR ANY CONTENT; (II) THE COST OF PROCUREMENT OF SUBSTITUTE PRODUCTS RESULTING FROM THE INABILITY TO ACCESS OR UTILIZE ANY PRODUCTS PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SITE, OR OTHERWISE; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS, CONTENT OR DATA; OR (IV) ANY OTHER MATTER RELATING TO THE SITE, OR ITS CONTENT. IF YOU ARE DISSATISFIED WITH THE SITE, THE CONTENT, OR THE PRODUCTS, YOUR SOLE AND EXCLUSIVE REMEDY SHALL BE TO DISCONTINUE USE OF THE SITE, THE CONTENT, OR THE PRODUCTS, AND TERMINATE THIS AGREEMENT IN ACCORDANCE WITH ITS TERMS. TO THE MAXIMUM EXTENT ALLOWED BY LAW, IN NO EVENT SHALL MARKETPLACE’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE SITE, PURCHASING ANY CONTENT OR PURCHASING ANY PRODUCTS.

 REGARDLESS OF THE PREVIOUS PARAGRAPHS, IF WE ARE FOUND TO BE LIABLE, IN NO EVENT SHALL MARKETPLACE BE LIABLE FOR ANY DAMAGES RELATING TO THIS AGREEMENT GREATER THAN ONE HUNDRED U.S. DOLLARS ($100), TO THE GREATEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

 Release / Indemnification. You agree to release Marketplace, its members, managers, officers, employees and agents, from any and all liability and obligations whatsoever in connection with or arising from your use of the Site, the Content, or the Products. If at any time you are not happy with the Site or object to any material within the Site, the Content, or the Products, your sole remedy is to cease using them. You agree to defend, indemnify and hold harmless Marketplace, its officers, members, directors, employees and agents from and against any and all claims, liabilities, damages, losses or expenses, including attorneys’ fees and costs and expenses, arising out of or in any way connected with (a) your access to or use of the Site, the Content, or the Products or any part thereof, (b) any User Content you post via the Site, (c) a breach or alleged breach by you of this Agreement or any of your representations, warranties, covenants or obligations under this Agreement, (d) infringement or misappropriation of any intellectual property or other rights of Marketplace or third parties by you, or (e) any negligence or willful misconduct by you, (e) any other claim related to your performance under this Agreement, including a violation of any applicable laws, rules, or regulations, or the rights of any third party; or (f) your use of any Content or products provided by Marketplace.

VI. Copyright

 Copyright Notice. Marketplace respects the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Marketplace’s Copyright Agent the following information: (a) an electronic or physical signature of the owner or person authorized to act on behalf of the owner of the copyright interest; (b) a description of the copyrighted work that you claim has been infringed; (c) a description of where the material that you claim is infringing is located on the Site sufficient to allow us to locate the allegedly infringing material; (d) your address, telephone number, and email address; (e) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (f) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

Please contact Marketplace’s Copyright Agent for Notice of Claims of copyright infringement at: contact@nextinresearch.com. Copyright owners and agents acknowledge that failure to comply with all of the requirements of the foregoing may result in an invalidity of the DMCA notice.

 Counter-Notice. If you believe that the Content that was removed (or to which access was disabled) is not infringing, or that you have authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to post and use the Content, you may send a counter-notice containing the following information to the Copyright Agent: (a) your physical or electronic signature; (b) identification of the Content that has been removed or to which access has been disabled and the location at which the Content appeared before it was removed or disabled; (c) a statement that you have a good faith belief that the Content was removed or disabled as a result of mistake or a misidentification of the User Content; and (d) your name, address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the federal court in St. Louis County, Missouri, and a statement that you will accept service of process from the person who provided notification of the alleged infringement.

 If a counter-notice is received by the Copyright Agent, Marketplace may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed Content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the person providing such Content, the removed Content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at Marketplace’s sole discretion.

VII. Purchase of Products

 Orders. Marketplace may allow you to buy products via the Site (“Products”) and each request to purchase Products is an “Order”. WHEN YOU PLACE YOUR ORDER, YOU AUTHORIZE MARKETPLACE TO BILL THE PURCHASE PRICE AND ANY APPLICABLE FEES OR TAXES IN THE “SHOPPING CART” TO YOUR PAYMENT METHOD. If your payment method fails or your account is past due, we may collect fees owed by charging other payment methods on file with us, retaining collection agencies and legal counsel. Marketplace or the collection agencies we retain may also report information about your account to credit bureaus, and as a result, late payments, missed payments, or other defaults on your account may be reflected in your credit report.

 Prices. Prices and availability of Products are subject to change without notice. Marketplace reserves the right to revoke any offer to sell Products on the Site, and to correct any errors, even after you have submitted your Order, and even if your Order has been confirmed and your payment method charged. If your payment method has been charged, Marketplace will issue you the appropriate credit within a reasonable time after your Order has been revoked.

Payment Processing. When placing an order on this Site, you agree to authorize a third-party payment processor acting on Marketplace’s behalf to charge the credit card or to otherwise process the payment using any other payment method during your purchase on this Site. You must provide accurate payment information in order for us to fulfill your order. This charge includes all applicable fees and taxes that may accrue in relation to your purchase. The processing of your payment information may be subject to our third-party payment processor’s terms and conditions and privacy policy. Please contact us at [insert e-mail address] if you would like more information.

Risk of Loss. All purchases of physical items from the Site are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.

Returns and Refunds. Purchase returns and refunds are not permitted. Please read carefully all descriptions, content and terms prior to making any purchase. If you have questions prior to making a purchase, please email contact@nextinresearch.com.

VIII. Miscellaneous

For California Residents. IF YOU ARE A CALIFORNIA RESIDENT OR COULD OTHERWISE CLAIM THE PROTECTIONS OF CALIFORNIA LAW, YOU FURTHER EXPRESSLY WAIVE THE PROVISIONS OF SECTION 1542 OF THE CALIFORNIA CIVIL CODE, WHICH READS AS FOLLOWS: "A GENERAL RELEASE DOES NOT EXTEND TO THE CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE WHICH, IF KNOWN BY HIM OR HER, MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR." YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND SECTION 1542 OF THE CALIFORNIA CIVIL CODE, AND YOU HEREBY EXPRESSLY WAIVE AND RELINQUISH ALL RIGHTS AND BENEFITS UNDER THAT SECTION AND ANY LAW OF ANY JURISDICTION OF SIMILAR EFFECT WITH RESPECT TO YOUR RELEASE OF ANY CLAIMS YOU MAY HAVE AGAINST MARKETPLACE.

Independent Contractors. The parties are and shall be independent contractors and neither party by virtue of this Agreement shall have any right, power or authority to act or create any obligation, express or implied, on behalf of the other.

Waiver/Severability. No waiver of any term, provision or condition of this Agreement, whether by conduct or otherwise, in any one or more instances, shall be deemed to be, or shall constitute, a waiver of any other term, provision or condition hereof, whether or not similar, nor shall such waiver constitute a continuing waiver of any such term, provision or condition hereof. No waiver shall be binding unless executed in writing by the party making the waiver. If any provision of this Agreement is determined to be illegal or unenforceable, then such provision will be enforced to the maximum extent possible, and the other provisions will remain fully effective and enforceable.

Notice. Unless otherwise provided in this Agreement, all notices shall be in writing and shall be deemed to be delivered when sent by first-class mail, postage prepaid, or when sent by facsimile or email to either party’s last known post office, facsimile or email address, respectively. You hereby consent to notice by email. Marketplace may send you via such email address Marketplace newsletters, product updates, service-related information and other offers and information from Marketplace or its business partners, and you hereby consent to such emails. Marketplace also may contact you by email to respond to any customer service or other inquiries you submit.

Law/Forum. This Agreement is governed by and construed in accordance with the laws of the State of Missouri, without giving effect to its principles of conflicts of law. Any litigation arising out of this Agreement shall be brought by either party in a court of competent jurisdiction located in St. Louis County, Missouri, and each party hereby waives any defenses it may have before such courts based on a lack of personal jurisdiction or inconvenient forum. Each party hereby expressly and irrevocably waives the right to a jury trial. The prevailing party shall be awarded its reasonable attorneys’ fees and costs in any proceeding arising out of or related to this Agreement. No action arising under this Agreement may be brought by User more than one (1) year after the cause of action has accrued.

Assignment. You may not assign, transfer, or sell (voluntarily or by operation of law) your rights or obligations under this Agreement, nor delegate your duties hereunder to any other person, without our prior written consent. Any purported assignment without our consent will be void and will constitute a breach of this Agreement. We may assign this Agreement or delegate or subcontract our obligations under this Agreement at any time.

Equitable Relief / Fees. The parties agree that breach of the provisions of this Agreement, including, but not limited to, the unauthorized use of the Site or Content, would cause irreparable harm and significant injury to Marketplace which would be both difficult to ascertain and which would not be compensable by damages alone. As such, the parties agree that Marketplace has the right to enforce the provisions of this Agreement by injunction (without necessity of posting bond), specific performance, or other equitable relief without prejudice to any other rights and remedies Marketplace may have for your breach of this Agreement. If any action in law or in equity is necessary to enforce the terms of this Agreement, the prevailing party will be entitled to reasonable fees of attorneys, accountants, and other professionals, and costs and expenses in addition to any other relief to which such prevailing party may be entitled.

Force Majeure. If the performance of any part of this Agreement by either party (other than the payment of money) is prevented, hindered, delayed or otherwise made impracticable by reason of any flood, riot, fire, judicial or governmental action, labor disputes, act of God or any other causes beyond the control of either party, that party shall be excused from such to the extent that it is prevented, hindered or delayed by such causes.

Survival. All of the terms and provisions intended to survive termination or expiration of this Agreement by the nature of their terms and conditions, shall survive any termination or expiration of this Agreement.

Entire Agreement. This Agreement constitutes the complete and exclusive statement of the agreement between the parties with respect to the Site and supersedes any and all prior or contemporaneous communications, representations, statements and understandings, whether oral or written, between the parties concerning the Site. The captions and headings of this Agreement are included for ease of reference only and will be disregarded in interpreting or construing this Agreement.

Contact. This Site is operated by Marketplace Innovations, LLC. All inquiries may be directed to Marketplace at contact@nextinresearch.com.