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MediaMagnitude
Terms & Conditions

The MediaMagnitude Panel (“Panel,” “we,” “us” or “our”) is powered by HyphaMetrics, Inc. (“Company”). These terms and conditions (“Terms of Service”) constitute a legally binding agreement between you and the Company regarding your use of the Panel’s coreMeter and coreMeter Mini, program, website, mobile application (“App”), network, and other related features or services (collectively, the “Service(s)”) on your televisions, devices connected to your televisions, and mobile devices (“Television,” “Television Device,” “Mobile Device,” “Meter,” or “Device”).

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All references to “you,” “your,” “user,” or “users” as applicable, mean the person who accesses, uses, and/or participates in the Services in any manner, and each of your heirs, assigns, and successors.

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TERMS OF SERVICE

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Last Updated: May 1, 2025.

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PLEASE READ THE FOLLOWING TERMS CAREFULLY. BY CLICKING "I ACCEPT," REGISTERING FOR AN ACCOUNT, PARTICIPATING IN A PANEL, DOWNLOADING OUR MOBILE APPLICATION, ACCESSING, BROWSING, OR OTHERWISE USING THE SERVICE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THE FOLLOWING TERMS, INCLUDING THE PANEL PRIVACY POLICY WHICH IS INCORPORATED HEREIN BY REFERENCE, ANY APPLICABLE END USER LICENSE AGREEMENT, AND ANY ADDITIONAL TERMS OR FUTURE MODIFICATIONS. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS, YOU MAY NOT ACCESS OR USE OUR SERVICE.

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PLEASE BE AWARE THAT SECTION XV CONTAINS PROVISIONS GOVERNING HOW TO RESOLVE DISPUTES BETWEEN YOU AND COMPANY. AMONG OTHER THINGS, SECTION XV INCLUDES AN AGREEMENT TO ARBITRATE WHICH REQUIRES, WITH LIMITED EXCEPTIONS, THAT ALL DISPUTES BETWEEN YOU AND US WILL BE RESOLVED BY BINDING AND FINAL ARBITRATION. SECTION XV ALSO CONTAINS A CLASS ACTION AND JURY TRIAL WAIVER. PLEASE READ SECTION XV CAREFULLY.

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UNLESS YOU OPT OUT OF THE AGREEMENT TO ARBITRATE WITHIN 30 DAYS: (1) YOU WILL ONLY BE PERMITTED TO PURSUE DISPUTES OR CLAIMS AND SEEK RELIEF AGAINST US ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION; AND (2) YOU ARE WAIVING YOUR RIGHT TO PURSUE DISPUTES OR CLAIMS AND SEEK RELIEF IN A COURT OF LAW AND TO HAVE A JURY TRIAL.

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  • Yes, I want to participate, subject to the Terms of Service, which I accept. I explicitly consent on my behalf and on behalf of all other users of devices, including minors, (i) to me downloading software on the device and/or installing television meters to collect the information described below and to the Company accessing that collected information and (ii) to Company processing television data, web browsing, and purchasing behavior (which may include content of webpages visited), device usage, video streaming, and other online device activities to analyze users’ preferences, interests and behavior for market research purposes. I understand that Company will share this information with third-parties to show how people use their devices and the Internet.

  • Yes, I would like to receive electronic invitations from the Company to participate in future surveys, studies and questionnaires.

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See our Privacy Policy for more information about how your personal data will be handled, your rights, and how to withdraw consent. If you have any questions about our Terms of Service, you can visit our website www.mediamagnitude.com.

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This Terms of Service contains the following sections:

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TABLE OF CONTENTS

I. Binding Effect: Modification to these Terms of Service
II. Collection and Use of Your Information
III. Account Access Information
IV. Rewards Points and Rewards Benefits
V. Terminating Your Account
VI. Age Requirements for General Use of this System
VII. Software License and Ownership
VIII. Restrictions on Use
IX. Copyrights, Trademarks, and Other Proprietary Rights of the PANEL
X. User Communications; Visitor Content
XI. Third Party Links and Retailers

XII. Disclaimer
XIII. Limitation of Liability
XIV. Indemnification
XV. Disputes
XVI. Exclusions
XVII. Miscellaneous

XVIII. Return of Hardware
XIX. Questions

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I. Binding Effect; Modification to these Terms of Service

These Terms of Service are a binding agreement. We will send user an email notification in the event of any material changes to these Terms of Service. Such changes, whether in the form of modifications, additions, or deletions, shall be effective when specified in the relevant notification or, if the change is immaterial, immediately upon the change appearing on the panel website. We will not be liable if, for any reason, if all or part of the operating environment and Meter System (“Meter System” or “Software”) is ever unavailable. From time to time, we may restrict access to all or some of the System. Please check these Terms of Service periodically for changes. Your continued use of this System following our posting of any changes to these Terms of Service means that you accept those changes.

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II. Collection and Use of Your Information

You acknowledge that when you install or use the Panel Meters, Apps, or Services, Company may use automatic means (including, for example, cookies and web beacons) to collect information about your Devices. You also may be required to provide certain information about yourself as a condition to participate in the Panel. All information we collect through or in connection with this Panel is subject to our Privacy Policy. By using Services, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy (detailed below).

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III. Account Access Information

You agree to notify us immediately of any unauthorized access, use, or breach of security involving your personal information, including: your social security number, driver’s license number or non-driver identification card number, account number or credit or debit card number, biometric information, username or usernames or email address in combination with a password or security question and answer (collectively, your “Personal Identifiable Information” or “PII”). Personal identifiable information does not include publicly available information that is lawfully made available to the general public from federal, state, or local government records. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information. We have the right to disable any username, password or other identifier, whether chosen by you or provided by us, at any time if you have violated any provision of these Terms of Service.

Company will undertake reasonable safeguards to protect the security, confidentiality, and integrity of user PII including, but not limited to disposing of data, regularly monitoring the effectiveness of key controls, systems and procedures of its software, and assessing risks in Company’s network and software design. In the event of any unauthorized access, use or breach of security (“Breach”) involving your Personal Identifiable Information, Company will notify user of such breach within a reasonable time as required by law. However, Company will not be responsible (as further explained below) to the fullest extent of the law for any Breach not within the Company’s control so long as the Company has undertaken reasonable safeguards to protect the security, confidentiality, and integrity of user PII.

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IV. Rewards Points and Rewards Benefits

The Company provides a program (“Rewards Program”) that allow users to earn points (“Rewards Points”) that users may exchange for certain benefits (“Rewards Benefits”). Reward Points may accrue when a user uses the Services for a specific period of time. Rewards Benefits may be virtual currencies or other items that users can obtain once they have accrued a specific amount of Rewards Points. The accumulation of Rewards Points and the redemption of such Rewards Points are subject to the specific rules (“Rewards Rules”) enacted by Company. A user may not accrue Rewards Points for the utilization of the Services by any other person, animal, object, or entity.

If Company improperly denies you an accrual of Rewards Points or a Rewards Benefit, Company’s sole liability will be limited to the equivalent of those Rewards Points or that Rewards Benefit. Company will not be liable for your decision to utilize their Rewards Benefit in any way.

Company reserves the right to make Rewards Benefits and promotional offers selectively available to certain users, at any time, based upon geographic locations, Rewards Program participation, or other factors determined at Company’s sole discretion. You are responsible for ensuring that your Rewards Points are properly credited. Rewards Points accrued in your account will be maintained until such Rewards Points are redeemed, your account is terminated, or such Rewards Points expire pursuant to the Rewards Rules, whichever occurs first. The accumulation of Rewards Points does not entitle you to any vested rights with respect to Rewards Benefits or the Rewards.

The Rewards Benefits available and the amount of Rewards Points necessary to redeem each Rewards Benefit will be set by Company and be made available to you on the panel website. Certain Rewards Benefits may be subject to tariffs, taxes, or other required fees, for which you will be responsible. The number of Rewards Points required to redeem any award may be increased, a Rewards Benefit may be withdrawn, and restrictions may be placed on any Rewards Benefit or its redemption by Company at any time.

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V. Terminating Your Account

You may terminate your account at any time by following the process set out in the Privacy Policy. Additionally, we may, in our sole and absolute discretion, terminate your account at any time and for any reason, including, but not limited to, if you breach these Terms of Service. In such case, we will inform you that your account is being terminated by notifying you at the e-mail address you provided to us when creating your account. Upon termination of your account, we will retain your data in accordance with our Privacy Policy . Even if your account is terminated, be aware that these Terms of Service, to the extent any provisions by their nature will survive any expiration or termination of these Terms of Service, shall so survive.

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VI. Age Requirements for General Use of this APP

Registration to the Panel is restricted to those individuals at least 18 years of age, or those who possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations and warranties herein. By registering or participating in services or functions on the System, you hereby represent that you are at least 18 years of age, or in possession of consent by a legal parent or guardian and who have entered into the terms herein on your behalf.

We are a general audience market research program and do not direct any of our content specifically at children under 13 years of age.

Participation in the Panel is additionally restricted to those individuals:

  • that are not employed or related to an individual employed by a TV or radio station or network, online magazine or newspaper, cable network, wireless telecommunications service provider, satellite system provider, Internet service provider, market research company, or any company which sells web-based advertising or video advertising;

  • that agree to install one or more meters in their home;

  • that allow their mobile devices to be configured to use the Software;

  • that agree and allow the Meter Software to operate as described herein, including allowing the software to automatically upgrade provided that any such upgrades do not change the functionality of the Software beyond what is described in these Terms of Service and the Privacy Policy.

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VII. Software License& Ownership

Subject to these Terms of Service and the Privacy Policy, we hereby grant you a limited, non-exclusive and non-transferable right and license to access and use the Software, solely for your own use and enjoyment and to participate in any Panels and surveys (the "approved Purpose"). We have no obligation to deliver or otherwise make available to you any copies of any Software, whether in object code or source code form.

As between you and us, all trademarks, service marks, patents, copyrights, trade secrets and other proprietary and intellectual property rights (collectively, "IPR") in or related to the Software, and our confidential information and any Derivative Works (as defined below) for any of the foregoing regardless of who created it (collectively, "Our Assets") are and shall remain our exclusive property, whether or not specifically recognized or perfected under local applicable law. Our Hardware and Software incorporates and implements patented technologies.

You shall not take any action that jeopardizes or could jeopardize Our Assets. Upon our reasonable request, you shall execute and deliver to us all instruments and other documents and shall take such other actions reasonably requested by us, so that we may protect and defend our rights in and to Our Assets.

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VIII. Restrictions on Use

Solely for Personal or Internal Use: You may access the System and all associated content solely for your personal use. This System or any portion of this System or the Service may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without our express written consent.

Accuracy of Information as Condition to System Access: To access parts of this System or some of the resources it offers, you may be asked to provide certain, sometimes personal, information. It is a condition of your use of this System that all the information you provide on this System is correct, current and complete.

Restricted Transmission: Although the Meter typically does not require the user to submit content , you agree not to use any device, software or routine to interfere with the proper functioning of the System. In using the System, you may not:

  • transmit any unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, pornographic, profane or indecent information of any kind, including images and language;

  • transmit any message that constitutes, or encourages or incites conduct that would constitute, a criminal offense or gives rise to civil liability;

  • transmit or solicit any information, software or other material which violates or infringes upon the rights of others, including material which is an invasion of privacy or publicity rights or which is protected by any IP Right, or derivative works with respect thereto, without first obtaining permission from the owner or right holder;

  • transmit any information, software or other material which contains a virus or other harmful component;

  • use any software, tool, data, device or other mechanism to navigate or search the System other than the search engine provided by Company or generally available browsers;

  • frame or utilize framing techniques to enclose any aspect of this System, including any trademark, logo, or other proprietary information (including, but not limited to, images, text, page layout, or form) without our express written consent;

  • use any metatags or any other "hidden text" utilizing our name or trademarks without our express written consent.

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Other Restrictions: You are prohibited from violating or attempting to violate any security features of this System, including, without limitation:

  • accessing content or data not intended for you or logging onto a server that you are not authorized to access;

  • attempting to probe, scan, or test the vulnerability of this System, or any associated system or network, or to breach security or authentication measures without proper authorization;

  • interfering or attempting to interfere with service to any visitor, host, or network, including, without limitation, by means of submitting a virus to this System, overloading, "flooding," "spamming," "mail bombing," or "crashing";

  • using this System to send unsolicited e-mail, including, without limitation, promotions, or advertisements for products or services;

  • forging any TCP/IP packet header or any part of the header information in any e-mail or in any posting;

  • transferring, distributing, selling, leasing, licensing or otherwise making any aspect or portion of the System available to a third party;

  • reproducing, copying, translating, modifying, adapting, decompiling, disassembling, creating any derivative work of, translation of, enhancement, upgrade, addition, development or improvement to an underlying intellectual property asset ("Derivative Works") of the System, or reverse engineering the object code version of or otherwise attempt to secure the source code of all or any part of the System or access the System in order to build a similar or competitive product or service;

  • obfuscating, removing or altering any of the logos, trademarks, internet links, patent or copyright notices, confidentiality or proprietary legends or other notices or markings that are on or in the System; or

  • accessing or using the System in any way that is adverse to our then current acceptable use policies and agreements.

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In addition to breach of contract claims, any violation of system or network security may additionally subject you to civil and/or criminal liability.

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IX. Copyrights, Trademarks, and Other Proprietary Rights

When accessing this System, you agree to obey the law and to respect the IPR of others. You agree that you shall be solely responsible for any violations of any relevant laws and for any infringement of third-party rights caused by any Visitor Content (defined below) that you provide or transmit to us.

All content on this System, including text, hidden text within our source code, software, photos, video, graphics, music and sound, is subject to protection by copyright, trademark, and other proprietary rights. In addition, the entire content of the APP is copyrighted as a collective work under the United States copyright laws, and we own the copyright in the selection, coordination, arrangement and enhancement of such content.

All trademarks appearing on this System are the property of their respective owners, including, in some instances, us and/or our partner companies. Unless expressly stated herein, nothing contained on this System should be understood as granting you a license to use any of the copyrights, trademarks, service marks, or logos owned by us or by any third party.

You may print or have printed by any third party any downloadable material contained on this System provided that: (a) the material is solely for non-commercial and personal use; (b) no copyright, author attribution, trademark, legend or other proprietary notice is removed from the material; and (c) the material is not altered in any manner. You acknowledge that you do not acquire any ownership rights by downloading or printing copyrighted material.

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X. User Communications; Visitor Content

You are and shall remain solely responsible for the content of any creative materials, including creative suggestions, ideas, notes, drawings, photographs, concepts or other information or communications, including any data, questions, comments, suggestions, or the like (collectively the "Visitor Content") you may transmit to us via this System, the Internet, e-mail or otherwise. You agree that all Visitor Content you may submit to us is owned by you, and you hereby grant to us the royalty-free, perpetual, irrevocable, worldwide, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display Visitor Content and to incorporate any Visitor Content in other works in any form, media, or technology now known or later developed, including, but not limited to, the right to publish Visitor Content or use Visitor Content on our System or in advertising of any type, with no obligation to pay you any consideration. We will not be required to treat any Visitor Content as confidential, and we may use Visitor Content in our business (including, without limitation, for products or advertising) without incurring any liability for royalties or any other consideration of any kind or as a result of any similarities that may appear in our future operations. Visitor Content does not include any personally identifiable information, such as your name, e-mail address, physical address, phone number(s), and credit card information, all of which is subject to the privacy standards set forth in our Privacy Policy, which is expressly incorporated into these Terms of Service by this reference.

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XI. Third Party Links and Retailers

We may provide links and pointers to Internet sites maintained by others (collectively, "Third-Party Sites" or “Retailers”) as well as the location of participating retailers. We provide these links only as a convenience and are not responsible for the content, products, or services on or available from those websites or resources or links displayed on such sites. You acknowledge sole responsibility for and assume all risk rising from your use of any third-party websites or resources. Also, access to participating retailers does not constitute an endorsement by us or any of our subsidiaries or affiliates of any retailers, or the resources, products or services offered by them.

We may also provide user’s identifying non-confidential information in order to provide users and Third-Party Sites with information regarding user’s online browsing behavior. We have no responsibility or liability for these Third-Party Site’s independent policies or actions and are not responsible for the privacy practices or the content of such Third-Party Sites or retailers, including in the case of a data breach, hack, or internal or external infiltration of user’s Personal Identifiable Information . However, we seek to protect the integrity of this System and the links placed upon it. We therefore welcome any feedback on not only our own System, but also for Third-Party Sites and retailers we link to and/or identify on our System as well (including if a specific link does not work).

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XII. Disclaimer

THIS SYSTEM AND THE INFORMATION, GRAPHICS, MATERIALS AND PRODUCTS IN THIS SYSTEM ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THIS SYSTEM, INCLUDING, BUT NOT LIMITED TO, THIS SYSTEM’S INFORMATION, PRODUCTS, GRAPHICS AND/OR OTHER MATERIALS, WILL BE AVAILABLE, UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SYSTEM, INCLUDING, BUT NOT LIMITED TO, THE HARDWARE AND INFRASTRUCTURE THAT MAKE IT AVAILABLE, IS FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF THE MATERIALS IN THIS SYSTEM OR THIRD-PARTY SITES IN TERMS OF THEIR CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY OR OTHERWISE.

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XIII. Limitation of Liability

TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE AND OUR LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, MEMBERS, EMPLOYEES, AGENTS, OFFICERS, DIRECTORS, AND MANAGERS SHALL NOT BE LIABLE FOR ANY INCIDENTAL, DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR OTHER DAMAGES, INCLUDING LOSS OF REVENUE OR INCOME, LOSS OF DATA, PAIN AND SUFFERING, EMOTIONAL DISTRESS, OR SIMILAR DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED TO THE USE OF, OR THE INABILITY TO USE, THE MATERIALS ON THIS SYSTEM OR THE PERFORMANCE OF OUR PRODUCTS OR SERVICES, EVEN IF WE (OR OUR AUTHORIZED REPRESENTATIVE(S)) HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES . IN NO EVENT SHALL THE COLLECTIVE LIABILITY OF US AND OUR LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, MEMBERS, EMPLOYEES, AGENTS, OFFICERS, DIRECTORS, AND MANAGERS TO OR THROUGH YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION WHETHER IN CONTRACT OR TORT, IF YOU ARE A USER OF THE APP AND NOT THE SOFTWARE, EXCEED $100.

ADDITIONALLY, WE HAVE NO RESPONSIBILITY OR LIABILITY FOR THE INDEPENDENT POLICIES OR ACTIONS OF THIRD-PARTY SITE’S (MENTIONED IN SECTION X), AND ARE NOT RESPONSIBLE FOR THE PRIVACY PRACTICES OF SUCH THIRD-PARTY SITES, OR DAMAGE CAUSED BY NEGLIGENT ACTORS INVOLVED IN OR FAILING TO PREVENT DATA BREACHES, HACKS, OR ANY INTERNAL OR EXTERNAL INFILTRATION OF USER’S PERSONAL IDENTIFIABLE INFORMATION.

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XIV. Indemnification

You agree to indemnify, defend, and hold harmless us, our subsidiaries and affiliates, and/or our members, managers, officers, directors, employees, agents, licensors, retailers and suppliers (collectively, the "Service Providers") from and against all claims (whether or not such claims are merely alleged, settled or finally adjudicated), losses, expenses, damages and costs, including reasonable attorneys’ fees, costs, and expenses resulting from any violation of these Terms of Service or any activity related to your account and use of the Site (including negligent or wrongful conduct) by you or any other person accessing this System using your Account. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you at your expense, and you shall not in any event settle or otherwise dispose of any matter without our prior written consent.

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XV. Disputes

Governing Law: These Terms of Service and your use of this System shall be governed by and construed for both substantive and procedural purposes in accordance with the laws of the State of New York, U.S.A., without giving effect to any principles of any choice of law provisions.

Timing of Claims: Any cause of action or claim you may have with respect to this System (including, but not limited to, the purchase of products) must be commenced within one (1) year after the claim or cause of action arises.

Arbitration and Venue: Please read the following arbitration agreement in this Section (the “Arbitration Agreement”) carefully. It requires you to arbitrate disputes with Company, its parent companies, subsidiaries, affiliates, successors, and assigns and all of their respective officers, directors, employees, agents, and representatives (collectively, the “Company Parties”) and limits the manner in which you can seek relief from the Company Parties.

In the event of any controversy or claim arising out of or relating to this these Terms of Use, including any question regarding its existence, validity, termination or breach thereof, the parties hereto shall consult and negotiate with each other and, recognizing their mutual interests, attempt to reach a satisfactory solution. If they do not reach settlement within a period of sixty (60) days, then, upon notice by any party to the other(s), any unresolved controversy or claim shall be settled by arbitration administered by the International Centre for Dispute Resolution ("ICDR") (www.icdr.org) in accordance with the provisions of its International Arbitration Rules. The place of arbitration shall be in New York City, New York, U.S.A. The number of arbitrators shall be one. The language to be used in the arbitral proceedings shall be English. Except as may be required by law, neither a party nor its representatives may disclose the existence, content, or results of any arbitration hereunder without our prior written consent. The European Union also operates an online dispute resolution platform which can be found at www.ec.europa.eu/consumers/odr.

Final Arbitration: The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. The testimony, evidence, ruling and all documentation regarding any arbitration shall be considered confidential information. Neither party may use, disclose, or divulge any such information unless otherwise required by law.

Waiver of Jury Trial: YOU AND THE COMPANY PARTIES HEREBY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR JURY. You and the Company Parties are instead electing that all covered claims and disputes will be resolved exclusively by arbitration under this Arbitration Agreement. An arbitrator can award on an individual basis the same damages and relief as a court and must follow these Terms as a court would. However, there is no judge or jury in arbitration, and court review of an arbitration award is subject to very limited review.

Class Action Waiver: To the fullest extent permitted by Applicable law, no arbitration under these Terms of Service shall be joined to an arbitration involving any other party subject to these Terms of Service, whether through class arbitration proceedings or otherwise. You agree to an arbitration on an individual basis. In any dispute, NEITHER YOU NOR WE WILL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER VISITORS IN COURT OR IN ARBITRATION OR OTHERWISE PARTICIPATE IN ANY CLAIM AS A CLASS REPRESENTATIVE, CLASS MEMBER OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. The arbitral tribunal may not consolidate more than one (1) person’s claims and may not otherwise preside over any form of a representative or class proceeding. The arbitral tribunal has no power to consider the enforceability of this class arbitration waiver and any challenge to the class arbitration waiver may only be raised in a court of competent jurisdiction.

30-Day Right to Opt Out: You have the right to opt out of the provisions of this Arbitration Agreement by sending a timely written notice of your decision to opt out to the following email address: help@mediamagnitude.com, within 30 days after first becoming subject to this Arbitration Agreement. Your notice must include your name and address and a clear statement that you want to opt out of this Arbitration Agreement. If you opt out of this Arbitration Agreement, all other parts of these Terms of Service will continue to apply to you. Opting out of this Arbitration Agreement has no effect on any other arbitration agreements that you may currently have with us, or may enter into in the future with us.

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XVI. Exclusions

Some jurisdictions, such as the State of New Jersey, do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, in certain jurisdictions, some of the above provisions may not apply to you; all other provisions of these Terms of Service remain in full force and effect.

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XVII. Miscellaneous

Our failure to insist upon or enforce strict performance of any provision of these Terms of Service shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these Terms of Service. We may assign our rights and duties under these Terms of Service to any party at any time without notice to you and without your express consent.

You will not assign any of your rights or delegate any of your obligations under these Terms of Service without our prior written consent. Any purported assignment or delegation in violation of this Section is null and void. No assignment or delegation relieves you of any of your obligations under these Terms of Service. If any provision of these Terms of Service shall be held unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Service and shall not affect the validity and enforceability of any remaining provisions. These Terms of Service, together with our Privacy Policy, constitute the entire agreement between the parties pertaining to the subject matter hereof and supersedes in their entirety any and all written or oral agreements previously existing between the parties with respect to such subject matter. Some people who endorse our services may receive consideration for their endorsement.

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XVIII. Return of Hardware

If your participation in MediaMagnitude comes to an end, you will retain all original boxes and packing material and return the meters in the same condition, fair wear and tear excepted, repackaging it in the same manner in which it was delivered. Upon termination of this Agreement or your participation in MediaMagnitude, you shall promptly return the meter(s) as described below by recorded delivery in the pre-paid packing.

 

You agree that upon completion of your household’s participation in the panel you shall return the meter(s) in the packaging in which it was provided to HyphaMetrics. Upon completion of your household’s participation in the panel you will be notified and provided with a pre-paid UPS label to return the meter(s) within fourteen (14) days. You may also request a pre-paid return label via an email to help@mediamagnitude.com. If the meter(s) have not been returned within fourteen (14) days of your receipt of the pre-paid return label, and no arrangements have been made to extend the return period, HyphaMetrics will have the right to take legal action to recover from you the cost of the meter(s).

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XIX. Questions

If you have any questions or comments regarding these Terms of Service, our Privacy Policy, or this System, please feel free to contact us by e-mail at help@mediamagnitude.com.

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