Terms of Service
Last revision date: August 5th, 2026
EVERYMAN RESEARCH TERMS OF SERVICE
PLEASE READ THESE TERMS OF SERVICE BEFORE ACCESSING OR USING OUR WEBSITE.
This website (the “Site”) is operated by Everyman Research (sometimes referred to as “us,” “we,” or “our” or “COMPANY” herein). Everyman Research provides custom survey services . These Terms of Service (“TOS” or “Terms”) govern your access to and use of the Site (you are sometimes referred to as “you,” “your,” or “User” herein).
BY ACCESSING, BROWSING OR OTHERWISE USING THIS WEBSITE, YOU AGREE TO BE BOUND BY THESE TERMS (AND ANY TERMS INCORPORATED BY REFERENCE).
DO NOT USE THIS WEBSITE IF YOU DO NOT AGREE TO ALL OF THE TERMS.
PLEASE READ: THESE TERMS CONTAIN A BINDING ARBITRATION AGREEMENT AND CLASS ACTION WAIVER (SECTION 13). READ CAREFULLY, INCLUDING YOUR RIGHT, IF APPLICABLE, TO OPT OUT OF ARBITRATION. EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN SECTION 13 BELOW, OR WHERE PROHIBITED BY LAW, BY ENTERING INTO THESE TERMS YOU EXPRESSLY AGREE THAT DISPUTES BETWEEN YOU AND COMPANY WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION, AND YOU HEREBY WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.
SECTION 1 – USE OF WEBSITE
This Site is not targeted towards, nor intended to be used by children under the age of 13. If you are not at least 13 years of age, do not access or use the Site. If you are under the age of 18 (and over the age of 13), do not access or use this Site without the involvement and supervision of a parent or guardian.
SECTION 2 – LICENSE TO USE WEBSITE
This Site and all the content and materials, including but not limited to COMPANY’s logo and all designs, text, images, data, software and other related files (collectively “Site Content”) are the proprietary property of COMPANY and are protected by the United States and international copyright and trademark laws. Subject to your compliance with the Terms, you are granted a limited, non-exclusive, non-sublicensable, non-transferrable, and revocable license to access and use this Site and this Site Content solely for your personal, non-commercial use. Nothing contained on our Site should be construed as granting by implication, estoppel, or otherwise, any license or right to use any of COMPANY’s intellectual property or the look and feel of our Site without the express written consent of COMPANY.
SECTION 3 – IP/TRADEMARKS
“COMPANY”, our logo and mark, and other product or service names, logos or slogans that may appear on our website are trademarks or registered trademarks of COMPANY and/or its affiliates, licensors and suppliers and as the exclusive property of COMPANY and/or its affiliates, licensors and suppliers may not be copied, imitated or used, in whole or in part, without the prior written permission of COMPANY or the applicable trademark holder. In addition, the look and feel of our website, including the design, arrangement and collection of the content constitutes the service mark, trademark and/or trade dress of COMPANY and may not be copied, imitated or used, in whole or in part, without prior written permission of COMPANY. All other trademarks, registered trademarks, product names and company names or logos mentioned in our website are the property of their respective owners. Reference to any products, services, processes or other information, by name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation by COMPANY. Nothing contained on our website grants or should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of COMPANY’s intellectual property or the look and feel of our website without the express written consent of COMPANY.
SECTION 4 – PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Site or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Site or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Site or any related website for violating any of the prohibited uses. You may not use the Site for any illegal or unauthorized purpose nor may you, in the use of the Site, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Services.
We reserve the right to refuse access to the Site to anyone for any reason at any time.
SECTION 5 – USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, including all intellectual property rights in such suggestion or idea (collectively, 'Feedback'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any feedback that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments. You hereby grant COMPANY a perpetual, irrevocable, worldwide license to use any Feedback (as defined above) that you communicate to COMPANY, without compensation, without any obligation to report on such use, and without any other restriction. COMPANY’s rights granted in the previous sentence include, without limitation, the right to exploit Feedback in any and every way, as well as the right to grant sublicenses.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that any content that you provide either directly to Us or to the Site (“User Content”) will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your User Content will not contain libellous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Site. You may not use a false e‑mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for your User Content and its accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
SECTION 6 – ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on our site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of our site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
We do not guarantee that any material will be made available through the Site. We reserve the right to, but do not have any obligation to, (i) remove, edit or modify any content in our sole discretion, at any time, without notice to you and for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such content or if we are concerned that you may have violated the Terms of Service), or for no reason at all and (ii) to remove or block any content from the Site.
SECTION 7 – THIRD-PARTY LINKS
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or Services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, Services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
SECTION 8 – PERSONAL INFORMATION
Your submission of personal information through the Site is governed by our Privacy Policy.
SECTION 9 – ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Site that contains typographical errors, inaccuracies or omissions. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information if any information in the Site or on any related website is inaccurate at any time without prior notice.
We undertake no obligation to update, amend or clarify information in the Site or on any related website, except as required by law. No specified update or refresh date applied in the Site or on any related website, should be taken to indicate that all information in the Site or on any related website has been modified or updated.
SECTION 10 – DISCLAIMER OF WARRANTIES
USE OF THE SITE AND IS AT YOUR OWN RISK WITH NO WARRANTIES OR GUARANTEES WHATSOEVER. COMPANY EXPRESSLY DISCLAIMS TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, STATUTORY, AND OTHER WARRANTIES, GUARANTEES, OR REPRESENTATIONS, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY AND INTELLECTUAL PROPERTY RIGHTS. WITHOUT LIMITATION, COMPANY MAKES NO WARRANTY OR GUARANTEE THAT THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. THESE EXCLUSIONS OF WARRANTIES WILL APPLY TO YOU TO THE FULLEST EXTENT ALLOWED BY LAW.
SECTION 11 – LIMITATION OF LIABILITY
IN NO EVENT WILL COMPANY BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY TYPE WHATSOEVER RELATED TO OR ARISING FROM THE SITE, OR OF ANY SITE OR RESOURCE LINKED TO, REFERENCED, OR ACCESSED THROUGH THE SITE. THIS EXCLUSION AND WAIVER OF LIABILITY INCLUDES, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOST SAVINGS, OR LOSS OF DATA, EVEN IF COMPANY IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS EXCLUSION AND WAIVER OF LIABILITY APPLIES TO ALL CAUSES OF ACTION, NO MATTER THE LEGAL THEORIES, AND WILL APPLY TO THE FULLEST EXTENT PERMISSIBLE BY LAW.
SECTION 12 – INDEMNIFICATION
You agree to indemnify, defend and hold harmless COMPANY and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, Service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
SECTION 13 – ARBITRATION/JURISDICTION
Arbitration clause and class action waiver.
Important – please review as this affects your legal rights.
(a) Arbitration notice
You agree that if there is any dispute or claim arising from or related to the Site or these Terms (except for the Exempt Claims, as defined below), it will be resolved by confidential binding arbitration in the County of Alameda California, rather than in court, after first giving Notice of the Dispute (“Notice”) to the other party and the opportunity to discuss resolution within thirty (30) days of such Notice. The Notice to COMPANY should be sent to 6754 Bernal Ave PO 212, Pleasanton CA, 94566 Attn: CEO.
This Notice must include a description of the nature and basis of the claims the party is asserting, and the relief sought. It should also include your name, address and date in the correspondence. If we are unable to resolve the claims described in the Notice within thirty (30) days after the Notice is sent, either party may initiate arbitration proceedings to be conducted by a single impartial arbitrator chosen from the American Arbitration Association (AAA)’s National Roster of Commercial Arbitrators by mutual agreement of the Parties (or by the AAA if the Parties cannot agree). There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages) and must follow the provisions of these Terms as a court would. YOU ACKNOWLEDGE THAT YOU ARE VOLUNTARILY AND KNOWINGLY FORFEITING YOUR RIGHT TO A TRIAL BY JURY AND TO OTHERWISE PROCEED IN A LAWSUIT IN STATE OR FEDERAL COURT.
The Federal Arbitration Act and federal arbitration law apply, and the AAA will administer the arbitration under its Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes. Payment of all filing, administration and arbitrator fees will be governed by the AAA’s rules.
The arbitration shall be held in the County of Alameda California or at another mutually agreed location. If the arbitration involves a consumer, the arbitration will be held at a location convenient to the consumer. If the value of the relief sought is $10,000 or less, either party may elect to have the arbitration conducted by telephone or based solely on written submissions, which election shall be binding on you and us subject to the arbitrator’s discretion to require an in-person hearing if the circumstances warrant. Attendance at an in-person hearing may be made by telephone by either party unless the arbitrator requires otherwise.
The arbitrator will decide the substance of all claims in accordance with the laws of the State of California, including recognized principles of equity, and will honor all claims of privilege recognized by applicable law. The arbitrator will also decide any questions relating to the interpretation, applicability, or enforceability of this arbitration clause, except where a party files a claim in court because it is an Exempt Claim (as defined below). If either party files an Exempt Claim, the court presiding over that claim will determine if the claim is an Exempt Claim under this Arbitration Clause. The arbitrator’s award shall be confidential, final, and binding, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.
Notwithstanding any provision in these Terms of Service to the contrary, both parties agree that if COMPANY makes any change to this Section (other than a change to any notice address or website link provided herein) in the future, that change shall not apply to any claim that was filed in a proceeding against COMPANY prior to the effective date of the change. Moreover, if COMPANY seeks to terminate this Section, any such termination shall not be effective until thirty (30) days after the version of the Terms of Service containing this Section is posted to the Site and shall not be effective as to any claim that was filed in a proceeding against COMPANY prior to the effective date of termination.
CLASS ACTION WAIVER: YOU AND COMPANY AGREE THAT DISPUTES BETWEEN YOU AND COMPANY WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.
If for any reason a claim proceeds in court rather than in arbitration, you and COMPANY each waive any right to a jury trial.
EXEMPT CLAIMS: You and COMPANY agree that the following two types of claims are not required to be submitted to an arbitration subject to the following conditions:
(i) Neither party is required to arbitrate a claim brought on an individual basis in small-claims court. However, if (a) there is an appeal from small-claims court; or (b) a change in the claim that renders the small-claims court unable to resolve the claim, then the claim must be resolved in an arbitration under the terms of this arbitration provision.
(ii) Neither party is required to arbitrate a claim brought on an individual basis to enjoin infringement or other misuse of intellectual property rights. Such a claim may be brought in any court of competent jurisdiction. Both parties agree that the infringement or other misuse of intellectual property rights could cause irreparable harm for which monetary damages are an inadequate remedy. The prevailing party in an action to enjoin infringement or other misuse of intellectual property rights is entitled to recover costs and fees (including reasonable attorneys’ fees) in pursuing that remedy.
OPT-OUT: You may opt-out of this mandatory arbitration provision by writing to COMPANY within sixty (60) calendar days of your agreement to this arbitration provision, by mail to: 6754 Bernal Ave PO 212, Pleasanton CA, 94566 Attn: CEO. Include your name, address and date in the correspondence. This is the only way you can opt-out.
SECTION 14 – GENERAL TERMS
14.1 SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
14.2 TERMINATION
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by ceasing to use our site.
14.3 WAIVER, ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site constitutes the entire agreement and understanding between you and us and govern your use of the Site, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
14.4 GOVERNING LAW
These Terms of Service shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of law rules. Subject to the arbitration provision in Section 13 above, all disputes arising hereunder shall be adjudicated in the state and federal courts having jurisdiction over disputes arising in the County of Alameda California, and each party hereby consents to the personal jurisdiction of such courts.
14.5 CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our Site following the posting of any changes to these Terms of Service constitutes acceptance of those changes. We reserve the right at any time to modify without notice at any time. We shall not be liable to you or to any third-party for any modification, suspension or discontinuance of the Site.