Subscription Video Track Terms of Use and Membership

Last Updated: March 15, 2024

PLEASE READ CAREFULLY

Welcome to the Subscription Video Track (“Video Track”) website (“Website”) which is being provided to you ("You") by Circana LLC, Inc. (“Circana”). By using this Website and registering as a member of Video Track, you agree to these Terms of Use and Membership ("Terms") and confirm that you have read and understood our privacy notice (“Privacy Notice”).

1. Changes to Terms. Circana may change the Terms at any time. Any changes to the Terms will be made by posting the updated Terms on the Website, as indicated by a new "last updated" date for the Terms. You accept changes by using the Website after we post the changes or, if applicable, by confirming acceptance of the updated Terms. You are responsible for checking the Website for any updated Terms.

2. Membership in Video Track. Membership in Video Track is open to legal residents of the 50 United States (and the District of Columbia), who are 16 years or older at the time of enrollment and have a streaming video account (“Viewing Account”). To become a member, you must complete the online survey with complete and accurate information, including your email address, age, gender, zip code and the platform and access credentials for your Viewing Account.

3. Rewards. Within 7-10 business days after completing the survey and providing your Viewing Account details, you will receive the reward offered at the time you joined (“Reward”). The Reward will be sent to your email account. If you joined Video Track through a third party and were offered a reward for joining the Video Track from the third party, Circana is not responsible or liable for the fulfillment or processing of such rewards.

4. Termination of Your Membership. You can cancel your Video Track membership at any time by clicking on the "unsubscribe" link which can be found on the Website and then following the unsubscribe process as indicated on the Website. Upon completion of the unsubscribe process, your membership will be deactivated within 5 business days. Circana, in its sole discretion, may terminate your membership for any reason or for no reason.

5. Disclaimer. ALL INFORMATION, SITE CONTENT, MATERIAL, AND SERVICES MADE AVAILABLE ON, OR THROUGH, THE SITE, ARE PROVIDED "AS IS". CIRCANA AND ITS AFFILIATES DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER IN CONNECTION WITH ANY INFORMATION, CONTENT, MATERIAL, SURVEYS, PRODUCTS, OR SERVICES MADE AVAILABLE ON, OR THROUGH, THE SITE, INCLUDING, WITHOUT LIMITATION, ANY CONTENT. FURTHER, CIRCANA HEREBY DISCLAIMS ANY AND ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE. CIRCANA DOES NOT WARRANT THAT THE TOOLS, TECHNOLOGY, OR FUNCTIONS CONTAINED IN THE SITE OR ANY CONTENT, MATERIAL, INFORMATION AND/OR SERVICES CONTAINED THEREIN, WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, THAT THE SYSTEMS OR THE SERVER(S) THAT SUPPORT THE SITE AND MAKE THE SITE AVAILABLE WILL BE FUNCTIONAL, OR THAT THE SITE AND/OR THE SYSTEMS AND/OR THE SERVER(S) THAT SUPPORT THE SITE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. CIRCANA DOES NOT PROVIDE ACCESS OR CONNECTION TO THE INTERNET AND IS NOT AND SHALL NOT BE RESPONSIBLE OR LIABLE FOR THE ACTIONS OR OMISSIONS OF THIRD PARTIES THAT INTERFERE WITH, LIMIT, RESTRICT, OR PREVENT ACCESS OR CONNECTION TO, OR USE OF, THE SITE.

6. Limitation of Liability. TO THE FULLEST EXTENT ALLOWED BY LAW, YOU AGREE THAT NEITHER CIRCANA NOR ANY OF ITS AFFILIATES OR ANY OF ITS OR THEIR, OFFICERS, SHAREHOLDERS, DIRECTORS, EMPLOYEES, PARTNERS, SUPPLIERS OR AGENTS WILL BE LIABLE TO YOU AND/OR ANY OTHER PERSON WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR UNDER ANY OTHER THEORY OF LIABILITY, FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, CONSEQUENTIAL OR SIMILAR GENERAL DAMAGES, OR FOR DAMAGES FOR LOST PROFITS, LOSS OR IMPAIRMENT OF PRIVACY, SECURITY OF DATA, FAILURE TO MEET ANY DUTY (INCLUDING BUT NOT LIMITED TO ANY DUTY OF GOOD FAITH, WORKMANLIKE EFFORT OR OF LACK OF NEGLIGENCE), OR FOR ANY OTHER SIMILAR DAMAGES WHATSOEVER THAT ARISE OUT OF OR ARE RELATED TO ANY BREACH OR OTHER ASPECT OF THESE TERMS OR THIS SITE, EVEN IF CIRCANA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

7. Indemnification. You agree to indemnify and hold Circana, and its affiliated companies, together with their officers, directors, shareholders, employees, partners, suppliers and agents harmless from any and all demands, claims, losses, damages, suits, fines, levies and costs (including reasonable attorney's fees), which arise out of or are in any way related to your use of the Website, Circana’s termination of your membership or Circana’s termination of the Website.

8. Intellectual Property. You understand and agree that the Website is protected by trademarks, copyright, service marks, or other intellectual property rights and laws. All trademarks, service marks, logos and trade names used on this Website are the property of Circana or its respective owners. All rights are reserved. All rights not expressly granted to you are reserved by Circana.

9. Severability. If any term or provision of these Terms shall be held or declared to be invalid or unenforceable for any reason by any court of competent jurisdiction, such term or provision shall be deemed null and void and shall not affect the application and/or interpretation of these Terms. The remaining terms or provisions of these Terms shall continue in full force and effect, as if the invalid or unenforceable term or provision was not a part of these Terms.

10. Waiver. If Circana fails to act on any of the Terms, such failure is not to be construed as a waiver of any provision of the Terms unless Circana agrees to any such waiver in writing.

11. Governing Law. As a condition of participating in Video Track, you agree that (a) any and all legal disputes, claims, and causes of action arising out of or connected with Video Track shall be resolved individually, without resort to any form of class action and exclusively by arbitration under the International Arbitration Rules of the American Arbitration Association. Arbitration will take place in the State of New York, County of Nassau; (b) any and all claims, judgments and rewards shall be limited to actual out-of-pocket costs incurred, including costs associated with participating in Video Track, but in no event attorneys` fees; and (c) under no circumstances will you be permitted to seek recovery for, and you hereby waive all rights to claim punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses, and waive any and all rights to have damages multiplied or otherwise increased. All issues and questions concerning the construction, validity, interpretation and enforceability of the Terms and Conditions, or the rights and obligations of you and Circana in connection with Video Track, shall be governed by, and construed in accordance with, the laws of the State of New York, without giving effect to any choice of law or conflict of law rules or provisions (whether of the State of New York, or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than the State of New York. You further agree that any claim, cause of action or suit related to the Website or the Terms must be filed within one year after such cause of action arose.

12. E-mail and Push Communications. You agree to receive e-mail and push communications from Circana, which may include account and promotional notifications.

13. No Agency. You agree that your membership in Video Track does not create any agency, partnership or employment relationship.