Research Services for Member Options
Research performed on behalf of Cadence Group Research Members
is governed by
their respective contracts.
Agreement for Standard and Premium
On-Demand Research Services
Authorized through the Research Request e-payment form.
Whereas, The Cadence Group, Inc., d/b/a Cadence Group (hereinafter
"CADENCE GROUP"), provides research services to its
clients;
Whereas, the subscribing client (hereinafter "CLIENT")
requests CADENCE GROUP to perform certain research services;
Whereas, CLIENT understands that submitting a Research Request
represents that CLIENT is 18 years or older and agrees to abide
by the following terms and conditions of this agreement;
Whereas, CLIENT understands that cg-research.com provides clients
with on-demand research and concise results and that CADENCE GROUP's
staff of skilled, professionals, who perform the research, know
how to search expertly and efficiently; and
Whereas, CLIENT agrees that the performance of such research services
and the payment to CADENCE GROUP for such services shall be governed
by the following terms and conditions;
Whereas, CLIENT's failure to inspect this agreement does in no
way exclude CLIENT from this agreement;
Now, therefore, for and in consideration of the promises and covenants
set forth herein and other good and valuable consideration, CLIENT
agrees with CADENCE GROUP as follows:
1. Submission of Research Request
(a) CLIENT completes and submits an online Research Request
as specified below and submits an e-Payment form as specified in
Section 5 below. In so doing, this individual or entity has entered
into this Agreement with CADENCE GROUP as a CLIENT.
(b) Research means investigating and evaluating resources and determining
the relevance to the query. CADENCE GROUP’s research team
uses its expert skills in mining information sources in response
to CLIENT’s query. The results of research may be that no
answer is available for the query.
(c) CADENCE GROUP offers two levels of research that are defined
as follows:
STANDARD ON-DEMAND RESEARCH – CADENCE GROUP’s expert
researchers mine the public information available on the World Wide
Web, as well as fee-based services when appropriate. They may also
use contacts with industry experts. The R3 Report (see definition
below) is produced for the CLIENT.
PREMIUM ON-DEMAND RESEARCH – In addition to the sources used
in STANDARD ON-DEMAND RESEARCH, additional online fee-based services
are used to complete in-depth Research Requests. CLIENT will receive
the R3 Report in addition to client-defined deliverables. As part
of the advance payment fee, CADENCE GROUP will provide an estimate
of the total time and total cost for a PREMIUM ON-DEMAND RESEARCH
project. The time used to assemble the estimate will be charged
against the pre-payment amount.
The R3 Report is the Research Request Response Report that the
CLIENT receives in response to a STANDARD or PREMIUM ON-DEMAND RESEARCH
REQUEST. It includes CADENCE GROUP’s re-statement of the Research
Request, as it understands it; response highlights; and the results
along with pertinent full text articles, data and sources. In rare
instances where CADENCE GROUP cannot present a clear answer to the
stated query, the report will summarize the steps taken in the research
process and may suggest approaches above and beyond the Standard
On-Demand Research. These additional steps may recommend more time
or specialized database searches that will incur additional fees.
2. Acceptance or Rejection of Research
Request
(a) CADENCE GROUP will review the online Research Request
and credit card information submitted by CLIENT. Then, CADENCE GROUP
will inform CLIENT via email if its Research Request is accepted.
If the Research Request is denied, the CLIENT will be notified via
email and the CLIENT’s credit card account will be credited.
At CADENCE GROUP’s discretion, Research Requests may be rejected
if deemed inappropriate, if CADENCE GROUP believes the query would
require more than the standard time or if, in the unlikely event,
it falls outside of the expertise of CADENCE GROUP researchers,
or for any other reason.
(b) In the unlikely event that CADENCE GROUP deems the Research
Request not appropriate to provide an R3 Report , then CADENCE GROUP
will inform the CLIENT via email.
3. Performance of Research Service
(a) If CADENCE GROUP accepts the Research Request, CLIENT
may typically expect to receive an answer to a Standard On-Demand
Research Request in the form of an R3 Report within 24 to 48 hours
of submission. Submissions will be received 8:30 a.m. - 5:30 p.m.
Eastern Time (ET) Monday through Friday, excluding holidays. Requests
received after 1:00 p.m. ET will be considered as submission at
8:30 a.m. ET on the following business day. CADENCE GROUP will make
the best effort possible to answer CLIENT’s query. CADENCE
GROUP cannot be responsible for slower response time due to events
out of its control such as Internet service downtime, telephone
service downtime or acts of God such as storms, earthquakes, and
so on.
(b) CADENCE GROUP’s highly trained, professional researchers
will provide an R3 Report for a Standard Research Request and, for
a Premium Research Request, client-defined deliverables, an R3 Report
and an estimate of time and cost to the CLIENT via normal email,
using the email address provided by the CLIENT with each Research
Request.
(c) Sometimes the response may be that no answer is available in
the public information arena. CADENCE GROUP will work directly with
the CLIENT to suggest other sources that will incur additional charges
or will require more time. CADENCE GROUP will use these sources
only when approved by CLIENT via email in advance.
(d) All work to be accomplished by CADENCE GROUP under this Agreement
shall be performed in a professional and efficient manner in strict
accordance with CADENCE GROUP’s professional research procedures
and standards.
4. Legal Research
(a) "Legal Research" is any service or task that
CADENCE GROUP conducts on behalf of a CLIENT that involves the search
for, retrieval of, or compilation of any information that can be
enforced in a court of law or before a panel of adjudicators. This
information includes (but is not limited to) treaties, executive
orders, constitutions, statutes, court decisions, administrative
agency regulations or opinions, and local ordinances, whether from
domestic or international governments.
(b) CLIENT acknowledges that any Legal Research CADENCE GROUP completes
pursuant to any Agreement does not constitute legal advice, a legal
interpretation, or any application of Legal Research to the facts
or circumstances of a particular situation, and that such Legal
Research has been prepared for informational purposes only.
(c) CLIENT voluntarily agrees and warrants that under no circumstance
will CADENCE GROUP, its employees, partners, affiliates, agents,
contractors, subcontractors, servants, successors or volunteers
be responsible for:
(1) any information contained in or omitted from the Legal Research;
(2) the CLIENT's or any other person's reliance on the Legal Research,
whether or not the Legal Research is correct, current or complete;
or
(3) the consequences of any action the CLIENT may take or fail to
take as a result of using the Legal Research, whether such use is
proper or improper.
5. Fees
(a) CLIENT agrees to pay CADENCE GROUP for Research in accordance
with the pre-payment arrangement specified below. CADENCE GROUP
will not respond to any unpaid on-demand Research Requests.
(b) Standard On-Demand Research CLIENT is responsible for the $385
fee, which includes the R3 Report. CLIENT is also responsible for
any additional agreed-upon charges, as documented via email.
(c) Premium On-Demand Research CLIENT is responsible for a minimum
$500 pre-payment. CLIENT is responsible for additional fees agreed
upon via email.
(d) CADENCE GROUP will not be obligated to make any refunds under
any circumstances, including CLIENT cancellation of the Research
Request. CADENCE GROUP will only refund charges if the CLIENT’s
Research Request is rejected and no services are provided.
(e) By providing a valid credit card number, CLIENT certifies that
he/she is 18 years old or older and the authorized credit card holder.
CLIENT understands that CADENCE GROUP will immediately initiate
a debit transaction against the credit card account as payment for
services requested and such transaction is authorized by CLIENT
just as if CLIENT had signed a receipt. The transaction currency
is U.S. Dollars.
(f) If the CLIENT’s Financial Institution declines a payment
by a Credit Card, it will result in the CLIENT’s Bill remaining
unpaid. In the event of a "declined" Credit Card payment,
the CLIENT will be responsible for any additional fees and charges
levied by the CLIENT’s Financial Institution and will be liable
for and will indemnify and reimburse CADENCE GROUP for all attorneys'
fees and other paid or incurred costs and expenses related to the
chargeback and/or collection efforts.
6. Privacy Policy
In order to process a Research Request, CADENCE GROUP needs
the CLIENT’s name, mailing address, telephone number, fax
number, e-mail address and credit card number and expiration date.
This information allows CADENCE GROUP to process the order and to
notify the CLIENT of any questions or problems regarding the order.
CADENCE GROUP does not rent or sell any of this information, or
exchange this information with any other organizations.
CADENCE GROUP may process personal data of the CLIENT only for the
purpose of communicating with the CLIENT, executing and enhancing
the services and sending commercial information about CADENCE GROUP
or its partners. The CLIENT’s personal data is never shared
with third parties.
7. Confidentiality
CADENCE GROUP agrees not to publish, disclose, or disseminate
confidential information. Confidential information is information
or items disclosed by CLIENT to CADENCE GROUP during the performance
of Research Services, and is not already known to CADENCE GROUP
or considered public knowledge or as being in the public domain.
8. Disclaimer
Except as expressly provided herein, CADENCE GROUP makes
no representations or warranties and expressly disclaims any further
representations or warranties, expressed, implied, or statutory
regarding the R3 reports or the Research Services provided by CADENCE
GROUP hereunder, including but not limited to, any implied warranties
of merchantability, fitness for a particular purpose, or non-infringement,
without limiting the foregoing; CADENCE GROUP makes no representations
or warranties and expressly disclaims any representations or warranties,
expressed, implied, or statutory regarding the accuracy or completeness
of the information contained in the R3 reports or that the R3 reports
infringe upon or otherwise violate the intellectual property or
other rights of any third party. CADENCE GROUP shall not be liable
to the CLIENT for any claim regarding the accuracy or completeness
of the information contained in the R3 reports or that the R3 reports
infringe upon or otherwise violate the intellectual property or
other rights of any third party.
9. Independent Contractor
CLIENT and CADENCE GROUP agree that CADENCE GROUP is an
independent contractor for all purposes and nothing in this Agreement
shall be construed as creating a partnership, joint venture or employer-employee
relationship.
10. No Waiver
The failure of a party to insist, in one or more instances,
on the performance by the other in strict compliance with the terms
and conditions of this Agreement, shall not be deemed to be a waiver
or relinquishment of any right granted hereunder or of any term
or condition of this Agreement unless such waiver is in writing
and executed by the parties.
11. Agreement
This Agreement constitutes the entire agreement and understanding
of CLIENT and CADENCE GROUP.
12. Paragraph Titles
The paragraph titles in this Agreement have been placed
thereon for the mere convenience of the parties and shall not be
considered in any construction or interpretation of this Agreement..
13. Governing Law
This Agreement shall be interpreted and governed by the
laws of the State of Georgia.
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