Member Agreement/Terms and Conditions

You have been invited by TIAA to participate in an on-line Community (research project) conducted by C Space Corporation on behalf of TIAA. For more information about C Space, see its website at www.cspace.com. For more information about TIAA, please refer to its website at https://www.tiaa.org/.

In order to participate in the Community, we ask that you read, understand and agree to the important Terms and Conditions below as these Terms govern your access to, use of, and participation in the Community. Your use of the Community is also subject to C Space's website terms of use, available at https://www.cspace.com/terms-of-use/.

Your Community Account

Please do not share your Community login credentials with anyone. You received your invitation to participate in the Community based on specific criteria and the invitation was meant for you only. Your inclusion in the Community was based on information you have provided that meets Community selection criteria. C Space may terminate your access to the Community or to your account without notice to you at C Space or TIAA's discretion, including if you share your Community access information with anyone, if you misrepresent information relevant to the Community selection criteria, if you violate the Community Code of Conduct, if the market research goals of TIAA change, if you fail to actively participate in Community activities, or if you fail to comply with any of the Terms.

Community Code of Conduct

The Community Code of Conduct governs your participation in, and use of, the Community. The Code of Conduct is designed to ensure the Community is a safe and comfortable environment for all members. If you violate the Code of Conduct, your Community account may be suspended or terminated.

·         While participating in the Community you will respect the rights of the other members to use the Community as it was intended.

·         Only those who are members of the Community may access it.

·         You or anyone in your household or immediate family cannot work for a market research company. There may also be other employment exclusions represented in the recruitment screener for your Community. These exclusions exist so that C Space and/or TIAA can meet specific research goals and are not included for any discriminatory purpose. You agree to accurately respond to such recruitment questions.

·         You will not upload, post or otherwise distribute any other member's personal information through the Community.

·         You will not violate or infringe any rights of third parties (including copyright, trademark, rights of privacy or publicity or any other proprietary right) and you will not violate any applicable laws or regulations.

·         You will not post any of the following: material that advocates illegal activity, material that restricts or inhibits any other user from using the site, material that contains a virus or other component, material that is offensive or defamatory, advertising or any form of commercial solicitation, or copyright-protected files.

·         You will not copy or download any material from the Community unless instructed to do so by a Community Facilitator.

 

TIAA Materials and Intellectual Property

Content made available by and trademarks and other intellectual property of TIAA are used with permission and may not be modified, reproduced, copied or distributed without permission.

Privacy

As part of your participation in the Community, you will be asked to answer certain questions and participate in various activities. In some cases, you may be asked to provide personal contact information, such as your name, address, and email address. In addition, we may collect sensitive personal information (ethnicity, income, education, etc.) for the purposes of creating a balanced Community reflective of the consumer population; this information is not collected for, nor is it used for, any discriminatory purpose. You do not have to answer any question or submit any sensitive information if you are not comfortable.

Any information you provide may be used in the following ways:

a) to determine whether you meet the criteria for a Community;
b) to communicate with you regarding your participation in a Community;
c) for market research conducted on behalf of a C Space client through your Community;
d) to analyze, evaluate and/or improve C Space's services and market research tools.

Although unlikely, your personal information may be disclosed to the governments, courts, law enforcement or regulatory agencies under a lawful order in a jurisdiction where you are resident or where your personal information is stored and/or processed. You cannot opt out of disclosure of your personal information if required by lawful order.

C Space will only use your information in accordance with the terms of this Agreement and C Space's privacy policy, a copy of which is available at https://www.cspace.com/privacy_en-us/. In most cases, your Community activities are shared with TIAA only in aggregate form and are not combined with your personal contact information (such as your full name or email address). C Space may, however, combine and include in reports to TIAA any of the content you submit to the Community, including: quotes; photos; videos; community activity participation information. In some cases, C Space may also share your personal contact information with TIAA or TIAA may have direct access to the Community. In these circumstances, your personal information may be handled in accordance with TIAA's privacy policy, a copy of which will be made available through your Community, but will only be used for the purposes set forth above. If C Space or TIAA would like to use your information or content for any purpose other than those set forth above, we will ask for your explicit consent before doing so.

By accepting this Agreement and by submitting your information and participating in any Community, you explicitly consent to use of your personal information consistent with the terms of this Agreement and the privacy policies applicable to your Community.

If you do not want your personal information collected and/or used in this way, please do not submit it to us. If you have already submitted this information and would like us to correct or remove it from our records, please contact the community facilitator at helpdesk@cspace.com.

Storage and Processing of Personal Information

Personal information collected on the site may be hosted, stored, processed and/or supported in your country of residence or any other country in which C Space, TIAA or its subcontractors or agents maintain facilities. By clicking on the "I Agree" button below, you explicitly consent to any transfer of information outside your country of residence.

Use of Cookies

Cookies are small pieces of information that are sent from our website and stored on your computer or mobile device to help us remember information about how you use our website and access the Community. For more information about the specific cookies we use, please see our privacy policy. We use cookies on this site to remember your email address and/or preferences and to improve the activities on our site and within our Communities. By clicking on the "I Agree" button below and by participating in an online Community, you consent to our use of cookies to track your session activity for these purposes. If you don't consent to our using cookies to track your session activity, you may not be able to access or use the Community and/or the site.

Confidentiality

As a member of the Community, you may have access to ideas or information that are and should remain confidential. Please do not share confidential ideas or information with anyone, unless we tell you otherwise or disclosure is required by local law. If confidential information is released, we may have to remove the Community member(s) who released the information, or we may have to shut down the Community entirely.

Material That You Share With the Community

By agreeing to these terms, and participating in the Community, you irrevocably assign to C Space and TIAA all rights in any ideas or expressions of ideas that you provide during your participation in the Community. All comments, suggestions, graphics, ideas (including product and advertising ideas), and other information or materials you submit, post, upload, or otherwise provide to C Space through the Community will become and remain the exclusive property of C Space and TIAA, including any future rights associated with such submissions, even if these Terms and Conditions are later modified or terminated. This means that you disclaim any proprietary rights in such submissions, and you acknowledge C Space and TIAA's unrestricted right to use and/or assign or otherwise transfer them (or materials or ideas similar to them) in any medium, now and in the future, without notice, compensation or other obligation to you or any other person.

Release and Waiver

You further agree to release and waive all claims against C Space and TIAA with respect to any intellectual property or other proprietary rights, rights of privacy and publicity, rights of attribution, or any other liability under the applicable laws. You agree to indemnify and hold C Space and TIAA harmless from all claims, actions, damages, costs, judgments, penalties or expenses of any kind whatsoever (including reasonable attorneys' fees except as provided herein), which may be obtained against, suffered by, or imposed upon C Space, TIAA, and/or their officers, directors, agents or affiliates as a result of any claim for its use of any information you provide through the community that is proprietary, confidential or protected by the laws of any jurisdiction.

Third Party Sites and Application

Your participation in your Community may require use of mobile device services, including data and/or messaging services. Please be aware that your normal carrier's rates and fees, such as text messaging fees or data usage fees, will apply and C Space is not responsible for any charges that may be incurred by you during participation in any mobile device-based Community.

The Community may include links to third party sites or services, including links added by Community members. The links are contained within the Community for informational purposes only. If you access any of the links to Internet sites, content, or videos accessible through the Community, but maintained by third parties, you do so at your own risk, and C Space and TIAA are not responsible for their contents, or how they treat your personal information.

At TIAA’s discretion, your Community may include the option to integrate or associate your C Space account with third party services, including social media applications such as Facebook®. If this is the case in your Community, C Space will provide you with instructions for (a) linking your Community Account to your social media account and (b) terminating the link between your Community Account and your social media account.

If this option is available and you choose to integrate your C Space account with third party services or social media sites, C Space may no longer be able to control who sees or who can access the information associated with or shared through your linked account. Instead, the use of your information and content you share through social media sites will be governed by the privacy policies and privacy settings associated with your social media account. Posting of your content and/or information to any third party site or through any third party service is at your own risk and outside these Terms and Conditions. Our Services do not and cannot control the posting of content or sharing of information by any user to third party sites, including any social media website.

To the extent your Community uses or links to third party sites, applications or services, your use of such sites, applications or services may also be governed by the privacy policies and terms of use of the third party sites and/or applications. We encourage you to review any privacy policies and other agreements that may be applicable to your use of any such third party sites and/or applications.

C Space and TIAA are not responsible for the use of your information by these third parties and C Space makes no guarantee that such third party sites or applications are free from computer viruses or malware. C Space and TIAA expressly disclaim all liability for any losses, costs or expenses that you suffer as a result of your use of these third party sites, services and/or applications.

User Generated Content

The Community is a venue through which members can participate in an interactive and vibrant online community. Because of the interactive nature of the Community, the information and materials posted in the Community by Community members is not controlled or pre-approved by C Space or TIAA. Any information or material placed online by Community members, including advice and opinions, are the views and responsibility of those who post the statements and do not necessarily represent the views of C Space or TIAA. C Space and TIAA do not endorse, support, sanction, encourage, verify, or agree with the comments, opinions, or statements posted within the Community. You agree that the C Space and TIAA are not responsible, and shall have no liability to you, with respect to any information or materials posted by others.

No Duty to Monitor

C Space and TIAA are not responsible for content provided by others, including Community members, and we do not have any obligation to pre-screen content posted within a Community. C Space and/or TIAA have the right, but not the obligation, to refuse to post, redact or delete any content for any reason. C Space and TIAA are not responsible for any failure or delay in removing material.

Member Appreciation

C Space and TIAA value your participation in the Community. In appreciation for sharing your views and perspectives, we may offer certain member appreciation programs to members from time to time. It is your responsibility to determine the amount of and pay any taxes or duties associated with the awards you earn. At any time and for any reason, we may suspend or cancel the member appreciation program. You can find out more about member appreciation awards by visiting the Member Appreciation Plan posting in the Community.

If You Have Questions

Any questions regarding your participation in the Community should be directed to your C Space Community facilitator (helpdesk@cspace.com)

Notification of Changes

We reserve the right to and may change or revise these Terms at any time. Please visit the Member Agreement area each time you visit the Community to keep up-to-date with the current Terms. Your use of and participation in the Community confirms your continuing agreement to the then-current Terms.

Disclaimer, Limitation of Liability and Indemnity

C Space AND/OR TIAA DO NOT REPRESENT OR ENDORSE THE CORRECTNESS, ACCURACY, RELIABILITY OR ANY OTHER ASPECT OF ADVICE, OPINION, STATEMENT OR OTHER INFORMATION DISTRIBUTED THROUGH THE ONLINE COMMUNITY, AND RESERVE THE RIGHT TO REMOVE ANY CONTENT FROM THE COMMUNITY WEBSITE THAT IT DEEMS INAPPROPRIATE.

C Space, TIAA, AND/OR THEIR AGENCIES ENDEAVOR TO MAINTAIN THIS COMMUNITY AND ITS OPERATION, BUT ARE NOT, AND CANNOT BE, RESPONSIBLE FOR THE RESULTS OF ANY DEFECTS THAT MAY EXIST IN THE WEBSITE, CONTENT/INFORMATION MADE AVAILABLE, THE COMMUNITY OR ITS OPERATION. AS TO THE OPERATION OF THE WEBSITE AND/OR THE COMMUNITY, C Space AND TIAA EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO ALL IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. C Space AND TIAA MAKE NO WARRANTY THAT (I) THE OPERATION OF THE WEBSITE AND/OR COMMUNITY WILL MEET THE USER'S REQUIREMENTS; (II) ACCESS TO THE WEBSITE AND/OR COMMUNITY WILL BE UNINTERRUPTED, TIMELY, SECURE, FREE OF VIRUSES, WORMS, TROJAN HORSES OR OTHER HARMFUL COMPONENTS, OR FREE OF DEFECTS OR ERRORS; (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE AND/OR COMMUNITY WILL BE ACCURATE OR RELIABLE; OR (IV) DEFECTS WILL BE CORRECTED; OR (V) THAT THE CONTENT/INFORMATION MADE AVAILABLE IS ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE. YOU (AND NOT C Space OR TIAA) ASSUME THE ENTIRE COST OF ALL SERVICING, REPAIR, OR CORRECTION THAT MAY BE NECESSARY FOR YOUR COMPUTER EQUIPMENT, MOBILE DEVICE, AND SOFTWARE AS A RESULT OF ANY VIRUSES, ERRORS OR ANY OTHER PROBLEMS WHATSOEVER YOU MAY HAVE AS A RESULT OF VISITING THIS WEBSITE AND/OR COMMUNITY. IF ANY APPLICABLE STATUTORY LAW IMPLIES INTO THIS AGREEMENT ANY WARRANTY WHICH CANNOT BE EXCLUDED, THEN SUCH WARRANTY WILL APPLY BUT ONLY TO THE EXTENT THAT IT CANNOT BE SO EXCLUDED.

UNDER NO CIRCUMSTANCES SHALL C Space, TIAA AND/OR THEIR AGENCIES BE LIABLE FOR ANY DAMAGES OR INJURY, INCLUDING ANY DIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR OTHER DAMAGES, THAT MAY RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE WEBSITE AND/OR COMMUNITY OR ANY MATERIALS IN THIS COMMUNITY, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THE WEBSITE AND/OR COMMUNITY OR INFORMATION AVAILABLE IN THE WEBSITE AND/OR COMMUNITY. C Space AND TIAA SHALL NOT BE LIABLE EVEN IF C Space, TIAA, OR AN AUTHORIZED REPRESENTATIVE OF EITHER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THESE INCLUDE BUT ARE NOT LIMITED TO DAMAGES OR INJURY CAUSED BY ERROR, OMISSION, INTERRUPTION, DEFECT, FAILURE OF PERFORMANCE, DELAY IN OPERATION OR TRANSMISSION, LINE FAILURE OR COMPUTER VIRUS, WORM, TROJAN HORSE OR OTHER HARMFUL COMPONENT, AND INCLUDE LOSS OF USE, DATA OR OTHER ECONOMIC ADVANTAGE. YOU AGREE TO DEFEND, INDEMNIFY AND HOLD C Space, TIAA AND/OR THEIR AGENCIES HARMLESS FROM ANY CLAIM OR DEMAND MADE BY ANY THIRD PARTY AGAINST C Space, TIAA AND/OR THEIR AGENCIES DUE OR ARISING OUT OF YOUR PARTICIPATION IN THE C Space ONLINE COMMUNITY.

YOU HEREBY AGREE TO RELEASE C Space, TIAA, AND EACH OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED ("CLAIMS"), ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF THIS SITE AND/OR COMMUNITY. YOUR SOLE AND EXCLUSIVE REMEDY SHALL BE FOR YOU TO DISCONTINUE YOUR USE OF THIS WEBSITE AND THE COMMUNITY. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES, IN PART: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR."

Severability

If any part of this Agreement shall become void or invalid by virtue of law or government order, the remaining parts remain valid and enforceable and the void or invalid provision(s) shall be replaced by such valid provision(s) reflecting closest the commercial intentions of this Agreement.

Applicable Law

The laws of the Commonwealth of Massachusetts will apply to any dispute of any kind relating to your use of the Community. If you take any legal action relating to your use of the Site or the Community, you agree to file such legal action only in the state or federal courts located in Suffolk County, Massachusetts and consent to the jurisdiction and venue of such courts.