Last modified: March 20, 2018
These Google Panel Terms & Conditions ("Terms") are entered into by Google LLC ("Google") and the individual that electronically accepts these terms ("you" or "Panelist"). You agree that your participation in the panel as offered to you by Google ("Panel") will be governed by these Terms. Please read these Terms carefully.
1. Accepting the Terms
1.3. You may not accept the Terms if (a) you are not of legal age to form a binding contract with Google, or (b) you are a person barred from participating in the Panel under the laws of the United States. Panel participation is limited to residents of the United States.
1.6. You may not open more than one Panels account.
2. Your Participation in the Panel
2.2. You may be asked from time to time to log in to your Google Account (or accounts). This will help ensure that the Google Account information associated with your Panel account is up to date and accurate.
2.3. You agree that Google may provide you with notices by email, regular mail, or postings on or through Meters.
2.4. Google or its Panel Partners may send you communications related to your participation in the Panel, including incentive opportunities, questionnaires, and surveys.
2.5. Google or its Panel Partners may provide incentives to you in connection with your participation in the Panel. These incentives are described at FAQs and are subject to change from time to time without prior notice to you. Incentives have no cash or other value unless and until they are redeemed. Google and its Panel Partners reserve the right to withhold incentives for good cause. Incentives are subject to expiration dates and other terms available here.
2.6. Employees of Google or its Panel Partners are prohibited from participating in the Panel. You acknowledge that you are not a Google employee (or an employee of a Panel Partner) and you agree that nothing in these Terms creates an employee relationship with either Google or its Panel Partners, nor are the Terms intended to do so.
2.7. The Panel and Meters may contain information that is designated confidential by Google or its Panel Partners and you will not disclose that information without prior written consent.
3. Your Use of Metering Technology
3.1. Google and its Panel Partners will provide you with Meters to observe and record your use of digital media. Your use of these Meters is subject to these Terms and to any applicable terms between you and Google's Panel Partners.
3.2. You will use the Meters only for purposes of the Panel and in accordance with applicable law.
3.3. You will not access, use, or attempt to access or use any of the Meters other than through the interface provided by Google or its Panel Partners, unless you have been specifically allowed to do so in a separate agreement with Google or a Panel Partner.
3.4. You agree to follow all instructions provided by Google or its Panel Partners for the installation, maintenance, and use of Meters.
3.5. You will not engage in any activity that interferes with or disrupts the Panel or Meters (or the servers and networks that are connected to the Panel or Meters).
3.6. Unless you have been specifically permitted to do so in a separate agreement with Google or its Panel Partners, you will not reproduce, duplicate, copy, sell, trade, or resell any Panel materials or Meters.
3.7. The Meters that you use may automatically download and/or install updates from time to time. Upon request, you agree to consent to all such updates as soon as practicable.
3.8. Only Panelists (or their minor children over age 13) may use Meters. Panelists must notify guests or other non-panelists of the presence of Meters and instruct them to pause metering (e.g., use "Guest" mode) before using a metered device.
3.9. Children under age 13 are not permitted to use Meters (unless the device is in "Guest Mode" or a similar non-metering state). You will make best efforts either to prevent children under 13 from using metered devices or to ensure they are using such devices in a non-metered state.
3.10. If your device has mobile tethering capability (e.g., a WiFi "hot spot"), you will make best efforts to prevent non-panelists from being metered without their knowledge or consent. (For example, you will enable password protection in your tethering settings and will not share your password with non-panelists.)
4. Your Passwords and Account Security
4.1. You are responsible for maintaining the confidentiality of passwords associated with any account you use to participate in the Panel. You must not share your Panel, Meter, or Google login credentials with others. You must not allow unauthorized persons to use metered devices (unless they are logged in as "Guests" or a similar non-metering state).
4.2. If you become aware of any unauthorized use of your password or of your account, you agree to notify Google and/or the Panel Partner immediately. Applicable contact information and instructions will be provided to you as part of your participation in the Panel.
5. Content Accessed or Uploaded in Connection with the Panel
5.1. Google is not responsible for (a) any content you may access from websites or applications that are not owned or operated by Google, or otherwise provided by companies or persons other than Google; or (b) content that you submit, post, or display on or through the Meters ("Your Content").
5.2. You are responsible for Your Content, including by complying with applicable content policies, community guidelines, and/or terms and conditions required by the site upon which you are submitting, posting, or displaying the content. You hereby license Your Content to Google and its Panel Partners for the limited purpose of performing the required technical steps to provide the Meters to Panelists and to operate the Panel. Other than this limited license, Google and its Panel Partners obtain no right, title or interest from you (or your licensors) to Your Content, and you are responsible for protecting and enforcing those rights (Google has no obligation to do so on your behalf).
6. Proprietary Rights
6.1. Google (or Google's licensors) own all legal rights, title, and interest in and to the Panel, including any intellectual property rights in the Panel (whether those rights happen to be registered or not, and wherever in the world those rights may exist).
6.2. You will not remove, obscure, or alter any proprietary rights notices (including copyright and trademark notices) that may be affixed to or contained within the Meters or other Panel materials.
6.3. Unless you have been expressly authorized to do so in writing by Google or its Panel Partners, you will not use any trademark, service mark, trade name, or logo of any company or organization in a way that is likely or intended to cause confusion about the owner or authorized user of such marks, names, or logos.
7. License from Google
7.1. Subject to these Terms, Google gives you a limited, personal, revocable, worldwide, royalty-free, non-assignable, non-sublicensable, and non-exclusive license (to the extent of its rights) to use the Meters for the sole purpose of enabling you to participate in the Panel.
7.2. You may not (and you may not permit anyone else to) copy, modify, create a derivative work of, reverse engineer, decompile, or otherwise attempt to extract the source code of the Meters or any part thereof, unless this is expressly permitted or required by law, or unless you have been specifically told that you may do so by Google or its Panel Partners in writing.
8. Ending your Participation in the Panel
8.1. These Terms are in force until terminated by either you or Google as set forth below.
8.2. If you want to terminate your participation in the Panel, you may do so by (a) notifying Google and/or Google's Panel Partner in writing, and (b) if applicable, closing all accounts used exclusively in connection with your participation in the Panel; or (c) as otherwise specified by Google. Applicable contact information and instructions will be provided to you as part of your participation in the Panel.
8.3. Google may terminate your participation in the Panel, and the Terms that govern your participation, for any reason and at any time, with notice as set forth in Section 2.3 above. One of the reasons Google may terminate your participation in the Panel is if the Meters are unable to collect sufficient data.
8.4. Upon termination or expiration of these Terms, you will return to Google all hardware and software you received from Google or its Panel Partners in connection with the Panel, or otherwise dispose of the hardware and software in the manner Google or its Panel Partners specifies (including, for example, uninstalling downloadable software).
8.5. Upon termination, you will have sixty (60) days to redeem any Incentives. If your participation in the Panel was terminated for cause (e.g., because you violated these Terms), you forfeit your right to redeem any Incentives previously accrued.
8.6. Sections 1, 2.3, 2.7, 3.2-3.6, 6.2, 6.3, 7.2, 8-10, and 12 will survive any termination of these Terms.
9. EXCLUSION OF WARRANTIES
9.1. OTHER THAN AS EXPRESSLY SET OUT IN THESE TERMS, NEITHER GOOGLE NOR ITS SUPPLIERS, DISTRIBUTORS, OR PANEL PARTNERS, MAKES ANY SPECIFIC PROMISES ABOUT THE PANEL. FOR EXAMPLE, WE DON'T MAKE ANY COMMITMENTS ABOUT THE SPECIFIC FUNCTIONS OF THE METERS, OR THEIR RELIABILITY OR AVAILABILITY. WE PROVIDE THE PANELS AND RELATED MATERIALS "AS IS."
9.2. SOME JURISDICTIONS PROVIDE FOR CERTAIN WARRANTIES, LIKE THE IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. TO THE EXTENT PERMITTED BY LAW, WE EXCLUDE ALL WARRANTIES.
9.3. YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR PARTICIPATION IN THE PANEL IS AT YOUR SOLE RISK AND THAT THE PANEL AND METERS ARE PROVIDED "AS IS" AND "AS AVAILABLE."
10. LIMITATION OF LIABILITY
10.1. WHEN PERMITTED BY LAW, GOOGLE, AND GOOGLE'S SUPPLIERS, DISTRIBUTORS, AND PANEL PARTNERS, WILL NOT BE RESPONSIBLE FOR LOST PROFITS, REVENUES, OR DATA, FINANCIAL LOSSES OR INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES.
10.2. TO THE EXTENT PERMITTED BY LAW, THE TOTAL LIABILITY OF GOOGLE, AND ITS SUPPLIERS, DISTRIBUTORS, AND PANEL PARTNERS, FOR ANY CLAIMS UNDER THESE TERMS, INCLUDING FOR ANY IMPLIED WARRANTIES, IS LIMITED TO THE AMOUNT PAID OR PAYABLE BY GOOGLE TO YOU FOR YOUR PARTICIPATION IN THE PANEL.
10.3. IN ALL CASES, GOOGLE, AND ITS SUPPLIERS, DISTRIBUTORS, AND PANEL PARTNERS, WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE THAT IS NOT REASONABLY FORESEEABLE.
11. Express Consent to Certain Settings and the Combination of Non-Personally- Identifiable Information and Personal Information
11.1. During your participation in the Panel, you agree not to: (i) opt out of interest-based advertising, remarketing, or other forms of online behavioral advertising, from any browser, application, or device that is connected to a Meter; (ii) employ "do not track" or related features on any browser, application, or device that is connected to a Meter; (iii) employ ad blocking or ad injecting features on any browser, application, or device that is connected to a Meter; or (iv) turn off location reporting services, location history services, or other location-related features on any device that is connected to a Meter. If we detect such activity, we may prompt you to change your settings. Failure to change your settings upon request may be grounds for termination pursuant to Section 8 above.
11.2. Both during and after your participation in the Panel, you agree that Google may combine non-personally-identifiable information with your personal data, including the combination of Google's anonymous advertising cookies (e.g., the Doubleclick cookie) with your personal data.
12. General Legal Terms
12.1. Sometimes when you participate in the Panel you may (as a result of, or through your participation in the Panel) use a service or product, or download a piece of software, that is provided by another person or company. Your use of these other services, products and software may be subject to separate terms between you and the company or person concerned. If so, these Terms do not affect your legal relationship with these other companies or individuals.
12.2. You agree that you are solely responsible for (and that Google and its suppliers, distributors and Panel Partners have no responsibility to you or to any third party for) any breach of your obligations under these Terms and for the consequences (including any loss or damage which Google may suffer) of any such breach.
12.3. These Terms constitute the whole legal agreement between you and Google and govern your participation in the Panel (but excluding any services that Google may provide to you under a separate written agreement), and completely replace any prior agreements between you and Google in relation to the Panel.
12.4. Neither party will be treated as having waived any rights by not exercising (or delaying the exercise of) any rights under these Terms.
12.5. If any term (or part of a term) of these Terms is invalid, illegal, or unenforceable, the rest of the Terms will remain in effect.
12.6. Each member of the group of companies of which Google is the parent will be third-party beneficiaries to these Terms and those other companies will be entitled to directly enforce, and rely upon, any provision of these Terms that confers a benefit on (or rights in favor of) them. Other than this, no other person or company will be third-party beneficiaries to the Terms unless otherwise agreed in writing.
12.7. These Terms do not confer any benefits on any third party unless they expressly state that they do.
12.8. ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE PANEL WILL BE GOVERNED BY CALIFORNIA LAW, EXCLUDING CALIFORNIA'S CONFLICT OF LAWS RULES, AND WILL BE LITIGATED EXCLUSIVELY IN THE FEDERAL OR STATE COURTS OF SANTA CLARA COUNTY, CALIFORNIA, USA. THE PARTIES CONSENT TO PERSONAL JURISDICTION IN THOSE COURTS.