Site Terms of Use and Sale

Last Updated November 16, 2015

PLEASE READ THESE CONDITIONS CAREFULLY BEFORE USING GALLUP SERVICES. BY USING GALLUP SERVICES, YOU SIGNIFY YOUR AGREEMENT TO BE BOUND BY THESE SITE TERMS OF USE AND SALE.

Gallup offers a wide range of services and products, and sometimes additional terms may apply. When you use a Gallup service (for example Gallup Q12, Clifton StrengthsFinder, Gallup courses), you will also be subject to the terms, guidelines and conditions applicable to those Gallup services ("Product Terms"). If these Site Terms of Use and Sale are inconsistent with the Product Terms, the Product Terms will control.
Gallup reserves the right, at its sole discretion, to change, modify, add or remove portions of these Site Terms of Use and Sale or Product Terms at any time. All changes are effective immediately when posted. Gallup will notify you when any material changes, modifications or additions to these Site Terms of Use and Sale or Product Terms are made. Your continued use of the Gallup services means that you accept and agree to these changes. You will be subject to the terms and conditions, policies and Site Terms of Use and Sale and Product Terms in force at the time that you use the Gallup Services. Gallup suggests that you review these Site Terms of Use and Sale from time to time. If any of these Site Terms of Use and Sale are deemed invalid, void, or for any reason unenforceable, that condition will be deemed severable and will not be part of this Agreement.

1. PRIVACY.

Please review our Privacy Statement which governs your use of Gallup services to understand our practices. Any personal data (for example, your name, address, telephone number, or email address) you transmit to the site by electronic mail or otherwise, will be used in accordance with Gallup's privacy policy.

2. COPYRIGHT, TRADEMARKS, AND DATABASE RIGHTS

This website contains copyrighted material, trademarks and proprietary research of Gallup, Inc., including but not limited to text, graphics, photos, and video. The entire contents of the Site are copyrighted under the United States and international copyright, authors' rights and database right laws. All rights reserved. Accordingly, international and domestic laws and penalties guaranteeing patent, copyright, trademark and trade secret protection safeguard the ideas, concepts, and recommendations related within this site.

Gallup news articles, reports, and graphs may be downloaded and/or copied provided that all downloaded content retains the copyright, trademark and any other proprietary notices accompanying the content. No changes may be made to the content without the express written permission of Gallup, Inc. Any reference whatsoever to the Gallup news articles, reports and graphs, in whole or in part, on any webpages must provide a link back to the original content in its entirety. Except as expressly provided herein, the transmission of this content shall not be construed to grant a license of any type under any copyright or trademarks owned or controlled by Gallup, Inc.

Gallup content not identified in the previous paragraph may be subject to additional restrictions as outlined in the Product Terms.

You acknowledge that you do not acquire any ownership rights in these copyrighted materials by downloading them.

Please visit Gallup's Trademarks webpage to review a non-exhaustive list of Gallup trademarks. Gallup's trademarks may not be used in connection with any product or service that is not Gallup's, in any manner that is likely to create confusion among customers or in any manner that disparages or discredits Gallup. Any use of Gallup® or any other Gallup trademark shall require the prior written consent of Gallup. Such use shall include the appropriate trademark acknowledgment. The acknowledgement alerts the readers to the ownership of the trademark. Use the acknowledgment in printed materials and on websites. Example: Clifton StrengthsFinder® is a registered trademark of Gallup, Inc. All other trademarks not owned by Gallup that appear in any Gallup content are the property of their respective owners, who may or may not be affiliated with or connected to Gallup.

If you wish to reproduce Gallup content in a manner not addressed in this section, please contact us.

You are advised that Gallup aggressively enforces its intellectual property rights to the fullest extent of the law.

3. YOUR ACCOUNT

To access some Gallup websites or content, you may be asked to create an account. You are responsible for maintaining the confidentiality of your account and password you are responsible for all acts or omissions that occur while your password or account is used. You may not use the Gallup websites, or any Gallup website content for any unlawful purpose. You agree to notify Gallup immediately of any unauthorized use of your password or account or any other breach of security, and to ensure that you exit your account at the end of each session. Gallup is not liable for any loss or damage arising from your failure to protect your password or account information. Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of your account at Gallup's sole discretion, and Gallup may refer you to appropriate law enforcement agencies.

4. RECOMMENDED CONFIGURATIONS

To ensure you can access all the features of this website, as well as, for optimal browsing experience, we recommend the following configurations. For additional assistance regarding actual supported configurations of this website, please contact us via phone at 1-888-274-5447.

Browsers:

  • Internet Explorer 11

  • FireFox

  • Chrome

  • Safari 8

Please note, Gallup does not support beta version browsers.

PC Screen Resolution: 1024x768

Mobile:

  • iPhone/iPad/iPod Touch using Safari or Chrome browser

  • Android using Chrome browser

Please note, Gallup does not support Opera Mini.

Plug-ins:

  • Java

  • Acrobat Reader

  • Office

  • Flash

Please note, Gallup recommends the latest released version of the Browser, Mobile, or Plug-ins listed above, unless listed otherwise.

5. REPRESENTATIONS, WARRANTIES, AND LIMITATIONS OF LIABILITY

Gallup's website and content are provided on an "as is" basis. GALLUP TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, AND NON-INFRINGEMENT OF PROPRIETARY OR THIRD PARTY RIGHTS. Under no circumstances, including, but not limited to, negligence, shall Gallup, its subsidiaries, affiliates, agents, or licensors be liable to for any direct, indirect, incidental, special or consequential damages that result from the use of or the inability to use Gallup materials, products or services, including Gallup websites.

The websites may include content provided by third parties, including materials provided by other users, bloggers and third-party licensors, syndicators, aggregators and/or reporting services. All statements and/or opinions expressed in third-party materials and all articles and responses to questions and other content, other than the content provided by Gallup, are solely the opinions and the responsibility of the person or entity providing the third-party materials. Such materials do not necessarily reflect the opinion of Gallup. We are not responsible or liable to you or any third-party, for the content or accuracy of any third-party materials.

You specifically acknowledge and agree that Gallup is not liable for any defamatory, offensive, or illegal conduct of any user. You agree that any kind of legal claim (whether in Contract, Tort, or otherwise) in any way connected with Gallup or Gallup content shall not exceed the amount you paid to Gallup for the use of the Gallup content. If you are dissatisfied with any Gallup material, products, or services or with any of Gallup's Site Terms of Use and Sale, your sole and exclusive remedy is to discontinue using the Gallup services.

Gallup will do its utmost to ensure that availability of Gallup services will be uninterrupted and that transmission will be error-free. However, due to the nature of electronic data transmission, this cannot be guaranteed. Also, your access to Gallup services may be occasionally suspended or restricted to allow for repairs, maintenance, or the introduction of new services. We will attempt to limit the frequency and duration of any suspension or restriction to Gallup services, products, or websites.

Gallup will not be responsible for (i) losses that were not caused by any breach on our part; or (ii) any business loss (including loss of profits, revenue, contracts, anticipated savings, data, goodwill, or wasted expenditure); or (iii) any indirect or consequential losses that were not foreseeable to both Gallup and you when you began using Gallup services or websites.

The laws of some countries do not allow some or all of the limitations described above. If these laws apply to you, some or all of the above limitations may not apply to you and you may have additional rights.

6. NO UNLAWFUL OR PROHIBITED USE

You shall use Gallup.com for lawful purposes only. You shall not post or transmit through Gallup.com any material that violates or infringes in any way upon the rights of others, that is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, that encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law, or that, without Gallup's express prior approval, contains advertising or any solicitation with respect to products or services. You agree to indemnify and hold Gallup, its officers, directors, shareholders, successors in interest, employees, agents, subsidiaries and affiliates, harmless from any demands, loss, liability, claims or expenses (including attorneys' fees) made against Gallup by any third party due to or arising out of or in connection with your use of the Site.

7. INDEMNIFICATION

You agree to indemnify and hold Gallup, its officers, directors, shareholders, predecessors in interest, successor in interest, employees, agents, subsidiaries and affiliates harmless from any demands, loss, liability, claims or expenses (including attorneys' fees), made against Gallup by any third party arising out of or relating to your violation of the Site Terms of Use and Sale or your use of Gallup websites, including, but not limited to, use of these websites' content, services and products other than as expressly authorized in these Site Terms of Use and Sale.

8. THIRD PARTY SITES

Some of Gallup's sites contain links to other sites whose information practices may be different from Gallup's. You should consult the other site's privacy notices, as Gallup makes no warranties regarding the information that is submitted to, or collected by other sites.

9. EXPORT LIMITATIONS

Products or Services purchased from Gallup (including course materials, access codes, or training materials) may be subject to customs and export control laws and regulations. You agree to comply with all international and national laws and regulations that apply to you in relation to such products or services.

10. APPLICABLE LAW

These Site Terms of Use and Sale are governed by and construed in accordance with the laws of Delaware. The parties (You and Gallup) submit to the exclusive jurisdiction of the courts of Delaware over any dispute or non-contractual obligation arising out of or relating to this Site Terms of Use and Sale Agreement.

11. ARBITRATION

In the event of any dispute, claim, question or disagreement arising from or relating to this Agreement or the breach thereof, the parties hereto shall use their best efforts to settle the dispute, claim, question, or disagreement. To this effect, the parties shall consult and negotiate with each other in good faith and, recognizing their mutual interests, attempt to reach a just and equitable solution satisfactory to both parties. If the parties do not reach such solution within a period of thirty (30) days, then, upon notice by either party to the other, disputes, claims, questions, or disagreements shall be settled by binding arbitration administered by the American Arbitration Association in accordance with the provisions of its commercial dispute resolution rules, unless You are a government agency or political subdivision in a State or jurisdiction for which binding arbitration is expressly not allowed by law.

12. GALLUP CONTACT DETAILS

Gallup, Inc.
1001 Gallup Drive
Omaha, NE 68102
Attn: Legal Department

13. TERMINATION

You may terminate your Gallup account at any time by discontinuing use of the Gallup websites. Gallup may cancel or terminate any Gallup offering at any time without notice. In the event of such termination, access to the part of the Gallup offering affected by such cancellation or termination is no longer authorized. The restrictions imposed with respect to material downloaded from Gallup websites, and the disclaimers and limitations of liabilities set forth in this Site Terms of Use and Sale Agreement, shall survive such cancellation or termination. This includes but is not limited to trademark and copyright protections.

Terms of Sale

PLEASE READ THESE CONDITIONS CAREFULLY BEFORE PURCHASING ANY GALLUP PRODUCTS OR SERVICES. BY PLACING AN ORDER WITH GALLUP, YOU SIGNIFY YOUR AGREEMENT TO BE BOUND BY THESE CONDITIONS.

1. ORDER

Your order is an offer to Gallup to purchase the product(s) or item(s) in your shopping cart. When you place an order to purchase product(s) or item(s) from Gallup, we will send you an email confirming receipt of your order and containing the details of your order ("Order Confirmation Email"). The Order Confirmation Email is an acknowledgement that we have received your order, and does not confirm acceptance of your offer to purchase the product(s) or item(s) ordered. We only accept your offer of purchase upon the sending of the Order Confirmation Email, or Confirmation of Registration Email for Gallup course offerings.

2. RIGHTS OF CANCELLATION, EXCEPTIONS TO CANCELLATION AND RETURN POLICIES

If you are purchasing goods to be shipped, you shall have the right to cancel your order at any time before the goods are dispatched for delivery and a full refund shall be provided. You shall further have the right to make a return of the goods received within 90 days of receipt of the goods unless one of the exceptions defined below applies. Returns will not be accepted after 90 days. You shall be responsible for all costs associated with the return of goods to Gallup. The cost of goods purchased less any shipping costs incurred by Gallup shall be refunded. If the applicable law of your country or region grants you a longer withdrawal period, that period will apply. To exercise your right to cancel, you must inform us of your decision to cancel before the withdrawal period expires.

Exceptions to Right of Cancellation

The rights of cancellation do not apply to:

  • Delivery of sealed audio or video recordings or of sealed software, if unsealed by you after delivery

  • Goods that are made to your specification or clearly personalized

  • The supply of digital content (including apps, digital software, ebooks, MP3, etc.)

  • Used or expired access codes

Cancellation Policy Applicable to Course Registrations

If you cannot attend a Gallup course for which you are registered, you must cancel no later than two weeks prior to the course date in order to receive a full refund. If you cancel less than two (2) weeks before the course start date, you will not receive a refund.

If you register for a Gallup course and need to transfer to a different course date, you can do so by contacting Gallup at least two (2) weeks prior to the course date. You will be charged a $150 transfer fee. Gallup will not accept any transfer requests less than two (2) weeks before the course start date.

Course Cancellation Policy - Gallup

Gallup programs are interactive events that combine classroom instruction with group activities. Therefore, each program requires a minimum number of participants to ensure a successful learning experience. Gallup reserves the right to cancel any program that does not reach the minimum number of participants four (4) weeks prior to the scheduled start date of the program and will notify all registered participants of the cancellation at that time. We encourage participants to plan their travel accordingly as Gallup is not responsible for reimbursement of travel expenses in the event a program is cancelled.

3. PRICING

All prices listed are exclusive of Sales, Use or VAT or other applicable taxes. Applicable taxes shall be added at the time of checkout. The prices shown on Gallup websites do not include any shipping costs.

While we try to ensure that all prices online are accurate, errors may occur. If we discover an error in the price of the goods you have ordered we will inform you as soon as reasonably possible. You will then be given the option of re-confirming your order at the correct price or cancelling your order. If we are unable to contact you using the contact details that you have provided during the order process, we will treat your order as cancelled. If you have already paid for the goods and you decide to cancel, we will provide a full refund as soon as reasonably possible, but in no event longer than 30 days after the date of notification of cancellation.

4. CHILDREN

You must reach the age of majority in your country/region of residence in order to purchase products from Gallup.

5. MISCELLANEOUS

This Site Terms of Use and Sale Agreement, in addition to the Privacy Statement and specific Product Terms applicable to the product or services you are purchasing, constitutes the entire agreement between you and Gallup and supersedes all previous and contemporaneous agreements, proposals, and communication, whether written or oral.

No waiver of any term of this Site Terms of Use and Sale Agreement shall be deemed a further or continuing waiver of such term or any other term.


Gallup http://www.gallup.com/shared/186278/terms.aspx
Gallup World Headquarters, 901 F Street, Washington, D.C., 20001, U.S.A
+1 202.715.3030