Site Terms of Use and Sale

Last Updated October 1, 2018

Welcome to Gallup. Gallup BV is a subsidiary of Gallup, Inc. Gallup BV and/or its parent, affiliates or subsidiaries ("Gallup") provide products and services to you when you visit a Gallup website.

The following terms apply to Gallup's websites (the "Site" or "Sites").

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

The Site contains copyrighted material, trademarks and proprietary research of Gallup including but not limited to text, software, photos, video, graphics, music and sound, and the entire contents of the Site are copyrighted as a collective work under 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.

Except as otherwise expressly permitted under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material will be permitted without the express permission of Gallup and/or the copyright owner. Gallup news articles, reports, and graphs may only be downloaded for your personal use. In the event of any permitted copying, redistribution or publication of copyrighted material, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made. You acknowledge that you do not acquire any ownership rights by downloading copyrighted material. 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.

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

Gallup respects the rights of all copyright holders and in this regard, Gallup has adopted and implemented a policy that provides for the termination in appropriate circumstances of users and account holders who infringe the rights of copyright holders. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Gallup's Copyright Agent the following information required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, 17 U.S.C. 512:

1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

2. Identification of the copyright work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;

3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;

4. Information reasonably sufficient to permit us to contact the complaining party;

5. A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and

6. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

For copyright inquiries under the Digital Millennium Copyright Act please contact:

Attn: Copyright Agent

Gallup, Inc.

1001 Gallup Dr.

Omaha, NE 68102

Email: copyrightagent@gallup.com (This e-mail address is US-based.)

For web posting, reprint, or licensing requests for Gallup material, please visit Gallup Permissions (Clicking this link will take you to a US-based web site.).

For any questions or requests other than copyright issues or licensing requests, please contact Gallup Help at support@mail.gallup.de.

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: CliftonStrengths® 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 visit Gallup Permissions (Clicking this link will take you to a US-based web site.).

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 Sites 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 Site, or any Gallup Site 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 Site, as well as, for optimal browsing experience, we recommend the following configurations. For additional assistance regarding actual supported configurations of this Site, please contact us via phone at 1-888-274-5447.

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

Browsers:

Microsoft Edge
FireFox
Chrome
Safari 10 and above

PC Screen Resolution: 1024x768

Mobile:

iPhone/iPad/iPod Touch using iOS 10 and above
Android using operating system 4.4 and above

Plug-ins:

Java
Acrobat Reader
Office
Flash

5. USER CONTENT

The Site may contain comments sections, discussion forums, or other interactive features ("Interactive Areas") in which you may post or upload user-generated content, including but not limited to comments, video, photos, messages, other materials or items (collectively, "User Content"). You are solely responsible for your use of any Interactive Areas and you use them at your own risk. Interactive Areas are available for individuals aged 13 years or older. By submitting User Content to an Interactive Area, you represent that you are 13 years of age or older and, if you are under the age of 18, you either are an emancipated minor, or have obtained the legal consent of your parent or legal guardian to enter into these Terms of Use, submit content, participate on the Site, and fulfill the obligations set forth in these Terms of Use, which forms a binding contract between you and Gallup.

By submitting any User Content or participating in an Interactive Area within or in connection with the Site, you agree to abide by the following rules of conduct.

Rules of Conduct for User Content

You agree not to upload, post or otherwise transmit any User Content that:

violates or infringes in any way upon the rights of others, including any statements which may defame, harass, stalk or threaten others.
you know to be false, misleading or inaccurate.
contains blatant expressions of bigotry, racism, racially or ethnically offensive content, hate speech, abusiveness, vulgarity or profanity.
contains or advocates pornography or sexually explicit content, pedophilia, incest, bestiality, or that is otherwise obscene or lewd.
violates any law or advocates or provides instruction on dangerous, illegal, or predatory acts, or discusses illegal activities with the intent to commit them.
advocates violent behavior.
poses a reasonable threat to personal or public safety.
contains violent images of killing or physical abuse that appear to have been captured solely, or principally, for exploitive, prurient, or gratuitous purposes.
is protected by copyright, trademark, trade secret, right of publicity or other proprietary right without the express permission of the owner of such copyright, trademark, trade secret, right of publicity or other proprietary right. The burden of determining that any User Content is not protected by copyright, trademark, trade secret, right of publicity or other proprietary right rests with you. You shall be solely liable for any damage resulting from any infringement of copyrights, trademarks, trade secrets, rights of publicity or other proprietary rights or any other harm resulting from such a submission. Any person determined by Gallup, in its sole discretion, to have violated the intellectual property or other rights of others shall be barred from submitting or posting any further material on the Site.
does not generally pertain to the designated topic or theme of any Interactive Area.
contains any unsolicited or unauthorized advertising or promotional materials with respect to products or services, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation.

You agree not to engage in activity that would constitute a criminal offense or give rise to a civil liability.

You agree that if necessary, you have the consent of each and every identifiable natural person in any submission to use such persons name or likeness in the manner contemplated by the Site.

You agree not to impersonate any person or entity, including, but not limited to, Gallup or any Gallup employee, or falsely state or otherwise misrepresent your affiliation with any person or entity.

You agree not to represent or suggest, directly or indirectly, Gallup's endorsement of User Content.

You agree not to interfere with any other user's right to privacy, including by harvesting or collecting personally-identifiable information about the Site users or posting private information about a third party.

You agree not to upload, post or otherwise transmit any User Content, software or other materials which contain a virus or other harmful or disruptive component.

You agree not to interfere with or disrupt the Site or the servers or networks connected to the Site, or disobey any requirements, procedures, policies or regulations of networks connected to the Site.

You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purpose, any portion of the Site, use the Site, or access to the Site.

Any conduct that in Gallup's sole discretion restricts or inhibits anyone else from using or enjoying the Site will not be permitted. Gallup reserves the right in its sole discretion to remove or edit User Content by you and to terminate Your Account for any reason.

Gallup does not vouch for the accuracy or credibility of any User Content, and does not take any responsibility or assume any liability for any actions you may take as a result of reading User Content posted on the Site. Through your use of Interactive Areas, you may be exposed to content that you may find offensive, objectionable, harmful, inaccurate or deceptive. There may also be risks of dealing with underage persons, people acting under false pretense, international trade issues and foreign nationals. By using Interactive Areas, you assume all associated risks.

Monitoring

Gallup shall have the right, but not the obligation, to monitor User Content posted or uploaded to the Site to determine compliance with these Terms of Use and any operating rules established by Gallup and to satisfy any law, regulation or authorized government request. Although Gallup has no obligation to monitor, screen, edit or remove any of the User Content posted or uploaded to the Site, Gallup reserves the right, and has absolute discretion, to screen, edit, refuse to post or remove without notice any User Content posted or uploaded to the Site at any time and for any reason, and you are solely responsible for creating backup copies of and replacing any User Content posted to the Site at your sole cost and expense. In addition, Gallup may share personally identifiable information in response to a law enforcement agency's request, or where we believe it is necessary, or as otherwise required or permitted by law. See Gallup's Privacy Statement.

The decision by Gallup to monitor and/or modify User Content does not constitute nor shall it be deemed to constitute any responsibility or liability in any manner on the part of Gallup in connection with or arising from use by you of Interactive Areas on the Site.

License of User Content

By submitting User Content to the Site, you automatically grant Gallup the royalty-free, perpetual, irrevocable, non-exclusive right and license, but not the obligation, to use, publish, reproduce, modify, adapt, edit, translate, create derivative works from, incorporate into other works, distribute, sub-license and otherwise exploit such User Content (in whole or in part) worldwide in any form, media or technology now known or hereafter developed for the full term of any copyright that may exist in such User Content, without payment to you or to any third parties. You represent and warrant to Gallup that you have the full legal right, power and authority to grant to Gallup the license provided for herein, that you own or control the complete exhibition and other rights to the User Content you submitted for the purposes contemplated in this license and that neither the User Content nor the exercise of the rights granted herein shall violate these Terms of Use, or infringe upon any rights, including the right of privacy or right of publicity, constitute a libel or slander against, or violate any common law or any other right of, or cause injury to, any person or entity.

No Obligation

User Content submitted by you will be considered non-confidential and Gallup is under no obligation to treat such User Content as proprietary information except pursuant to the Gallup's Privacy Statement. Without limiting the foregoing, Gallup reserves the right to use any User Content as it deems appropriate, including, without limitation, deleting, editing, modifying, rejecting, or refusing to post it. Gallup is under no obligation to edit, delete or otherwise modify User Content once it has been submitted to Gallup. Gallup shall have no duty to attribute authorship of User Content to you, and shall not be obligated to enforce any form of attribution by third parties.

6. 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.

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 Sites, including, but not limited to, use of these Sites' 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 Netherlands. The parties (You and Gallup) submit to the exclusive jurisdiction of the courts of the Netherlands over any dispute or non-contractual obligation arising out of or relating to this Site Terms of Use and Sale Agreement.

11. ARBITRATION PLEASE READ THIS SECTION CAREFULLY - IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.

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 Netherlands Arbitration Institute 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 B.V.
Luna ArenA, Herikerbergweg 238,
Amsterdam, The Netherlands 1101 CM

13. TERMINATION

You may terminate your Gallup account at any time by discontinuing use of the Gallup Sites. 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 Sites, 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.

Gallup may terminate or suspend these Terms of Use at any time without notice to you. Without limiting the foregoing, Gallup shall have the right to immediately terminate Your Account in the event of any conduct by you which Gallup, in its sole discretion, considers to be unacceptable, or in the event of any breach by you of these Terms of Use.

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 30 days of receipt of the goods unless one of the exceptions defined below applies. Returns will not be accepted after 30 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, e-learning etc.)
Access codes (including Employee Engagement Survey, CliftonStrengths Assessment, Builder Profile Assessment, etc.)

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 Sites 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.