ACCUTRON OWNER SURVEY TERMS & CONDITIONS

Thank you for participating in this survey.  Before continuing please review the terms and conditions.

Citizen Watch America (“Citizen”) has created this survey to, among other things, allow a limited number of people to provide feedback on, among other things, topics related to watches. By answering this survey, you agree to be bound by the terms and conditions set forth below (the "Agreement").

A. Eligibility

In order to be eligible to participate in the Accutron Owner Survey (“this survey”), you or anyone in your household or immediate family cannot work for a market research company, a manufacturer that makes watches (including smartwatches) or jewelry or a retailer or wholesaler that sells watches (including smartwatches) or jewelry. There may be other exclusions represented in the recruitment screener. These exclusions exist so that Citizen can meet specific research goals and are not included for any discriminatory purpose. You agree to accurately respond to such recruitment questions.

Your Feedback

You will have the ability to participate in a survey (“Feedback”). The Feedback you provide will be accessible to, and may be reviewed by our Market Research, Marketing and Merchandising teams. By participating in this survey, you agree that any Feedback you provide will become the property of Citizen and you agree that Citizen may use or otherwise exploit all or part of your Feedback or any derivative thereof in any manner or media now known without any further remuneration, compensation or credit to you. You represent and warrant that you have the right to enter into this Agreement and assign and grant the rights set forth herein, and that any Feedback which is provided by you hereunder is original work made solely by you and does not infringe any third-party intellectual property rights.

Confidentiality

Confidential Information. This survey is designed to assist Citizen in performing research related to future product development and other product initiatives (the “Purpose”). Citizen may disclose to you certain information (tangible or intangible) that you agree to treat as Confidential Information as set forth below.

Definition. “Confidential Information” means all information disclosed by Citizen, including, without limitation, documents, designs, techniques, specifications, product plans, advertising creatives, strategic information, existing or prospective business plans, existing or prospective research study or pilot test objectives and/or results, and other information related to the Purpose. Consistent with the foregoing, Citizen may also disclose Confidential Information related to certain unreleased and experimental product features, product plans, campaigns, or creatives.

Obligations Regarding Confidential Information. You agree to: (a) use Confidential Information only for the Purpose; (b) not disclose Confidential Information to any third parties (including the sharing or other distribution of advertising creatives, product images, or other content); (c) not copy or download any Confidential Information from the survey unless instructed to do so by Citizen; and (d) use the same degree of care, but no less than a reasonable degree of care (including reasonable security measures), to prevent the unauthorized use, dissemination or publication of Confidential Information as you would use to protect your own confidential information of like nature.

Remedies. You agree that any breach of this Agreement by you may result in irreparable harm to Citizen, for which damages would be an inadequate remedy and therefore, in addition to its rights and remedies otherwise available at law, Citizen shall be entitled to seek equitable relief, including injunction, in the event of such breach.

Ownership & License

In addition, all responses to the surveys become the property of Citizen and will not be acknowledged or returned.  The copyright in any response to any survey shall remain the property of the panelist, but submission as a survey response constitutes panelist’s irrevocable and perpetual license, permission, and consent, without further compensation, with or without attribution, to use, reproduce, print, publish, transmit, distribute, sell, perform, adapt, enhance, or display such response, for any purpose, including but not limited to editorial, advertising, trade, commercial, and publicity purposes by Citizen and/or others authorized by the Citizen, in any and all media now in existence or hereinafter created, throughout the world, for the duration or the copyright in the response.  Citizen and/or others authorized by the Citizen shall have the right to edit, adapt, and modify the response.

No Compensation or Employment

You acknowledge that you are participating in this survey on a purely voluntary basis, as a means of assisting, and in consideration of the opportunity to assist Citizen to use, implement, and understand, among other things, the effectiveness of the products we offer. Citizen makes no guarantee or representation as to whether or not your Feedback will be used. Notwithstanding the foregoing, you acknowledge and agree that nothing in this Agreement or in your voluntary submission of Feedback creates any employment relationship between you and Citizen, and that you have no rights to compensation for such Feedback. 

Term and Termination

You may, in your sole discretion, not participate in this survey. Our ownership of your already submitted Feedback continues after termination of this Agreement, as do your confidentiality obligations and the various limitations on Citizen's liability.

Notices

Unless otherwise set forth in this Agreement, Citizen may give general notices to you by electronic mail to your email address.

No Warranty from Citizen

YOU EXPRESSLY AGREE THAT YOUR PARTICIPATION IN THIS SURVEY IS AT YOUR OWN RISK. THIS SURVEY IS AVAILABLE ON AN "AS IS" BASIS, WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. CITIZEN EXPRESSLY DISCLAIMS ON ITS OWN BEHALF AND ON BEHALF OF ITS EMPLOYEES, AGENTS, ATTORNEYS, CONSULTANTS, OR CONTRACTORS ANY AND ALL WARRANTIES INCLUDING, WITHOUT LIMITATION (i) ANY WARRANTY OR REPRESENTATION WHATSOEVER REGARDING THE OPERATION OF THIS SURVEY,(ii)  THE AVAILABILITY, ACCURACY OR CONTENT OF ANY INFORMATION, SERVICES, OR PRODUCTS PROVIDED OR AVAILABLE THROUGH OR IN CONNECTION WITH THE SURVEY OR ANY RESULTS OBTAINED THROUGH THE USE THEREOF, AND (iii) THE WARRANTIES OR CONDITIONS OF NONINFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR ANY PARTICULAR PURPOSE. SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS, WHICH VARY FROM STATE TO STATE.

Limitations of Liability

IN NO EVENT SHALL CITIZEN, ITS AFFILIATES AND SUBSIDIARIES, ITS EMPLOYEES, AGENTS, ATTORNEYS, CONSULTANTS, CUSTOMERS, OR CONTRACTORS BE LIABLE UNDER THIS AGREEMENT FOR ANY CONSEQUENTIAL, SPECIAL, , INDIRECT OR OTHER DAMAGES, INCLUDING BUT NOT LIMITED TO LOST PROFITS, LOSS OF BUSINESS, COST OF COVER WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EVEN IF CITIZEN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. IN ANY EVENT, CITIZEN’S, ITS EMPLOYEES’, AGENTS’, ATTORNEYS’, CONSULTANTS’ OR CONTRACTORS’ AGGREGATE LIABILITY UNDER THIS AGREEMENT FOR ANY CLAIM SHALL BE STRICTLY LIMITED TO $100.00. SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. You acknowledge that Citizen has entered into this Agreement in reliance upon the limitations of liability set forth herein and that the same is an essential basis of the bargain between the parties.

Entire Agreement

These Terms and our Privacy Policy are the entire and exclusive agreement of the parties regarding the subject matter of this Agreement and supersedes all previous communications, representations, understandings and agreements, either oral or written, between you and Citizen. Citizen may modify the terms of this Agreement at any time upon notice published at Citizen's website. Your continued participation in this survey after such notice shall be deemed to be continued acceptance of this Agreement including its amendments and modifications.

Effective March 6, 2023