Insight Community Terms of Service

October 12, 2011

0. Introduction; Your Agreement to these Terms of Service.

Welcome to the Floor64 insight platform consisting of the website (""), services, applications and networks that allow for the requesting and posting of expert opinions and community discussion (the "Insight Community").

If you (collectively, "Users") register as a "Contributor" to the Insight Community, you will have access to contributor-only portions and functions of the Insight Community web site. In these areas of the site, Floor64 and other community members post queries ("Cases" and "Discussions") on which they seek written analysis from contributors. Floor64 may also send you individual email messages from time to time containing updates on active Cases or Discussions. Cases are generated by customers who pay Floor64 ("Sponsoring Companies"), by Floor64 itself and others. The Cases you will be able to access through our system will indicate the nature of the Case, the length of the comment requested, the timeframe in which a response will be accepted and the applicable amount of compensation, if any, that will be paid for your written comment (as described further, below). Discussions may be initiated, via the Step2 platform, by any member of the community, by Floor64 itself, or by Floor64 on behalf of a Sponsoring Company. You may choose whether or not to respond to any Case or participate in any Discussion.

A "Contributor Submission" means your written submission constituting a completed "Insight" (on Insight Community Cases) or "Subject" or "Responses" (on Step2 Discussions) and any versions and revisions thereof as submitted by you to Floor64. Contributors are offered two different types of Cases: "Commission" Cases and "Challenge" Cases. Commission Cases are assigned to specific individuals for a pre-determined fee. Challenge Cases are made available to subgroups within the Insight Community with compensation awarded to a group of those respondents deemed to provide the best answer. IT IS POSSIBLE THAT YOU WILL NOT RECEIVE COMPENSATION FOR A CONTRIBUTOR SUBMISSION YOU MAKE TO A CHALLENGE CASE. Step2 Discussions are open for participation by any Insight Community member.

If fees are to be paid on specific Cases, the amount of such fees will be indicated in the associated query. Unless otherwise specified in connection with a specific Case, fees will be paid within 60 days of the Case closing, except that Floor64 reserves the right to delay payment until the aggregate amount due to you is at least $250. (Our Compensation Policy is fully outlined in Section 7 of this agreement).

Please read carefully the following Terms of Service as they are intended for the mutual benefit of both Floor64 and you and govern the terms of your use of the Insight Community.

By registering for, accessing, browsing, downloading or using the Insight Community, you agree to be bound by the following terms and conditions, including any additional guidelines and future modifications (collectively, the "Terms"). If at any time you do not agree to these Terms, please terminate your use of the Insight Community.

1. Eligibility.

The Insight Community is not available to persons under the age of 18 or to any users previously suspended or removed from the Insight Community by Floor64. By clicking the "I Agree" button or by otherwise using the Insight Community, you represent that you are at least 18 years of age and have not been previously suspended or removed from the Insight Community.

If you are using or opening an account on the Insight Community on behalf of a company, entity, or organization (collectively, a "Subscribing Organization"), then you represent and warrant that you: are an authorized representative of that Subscribing Organization with the authority to bind such organization to these Terms; and agree to be bound to these Terms on behalf of such Subscribing Organization.

2. Privacy.

Your privacy is important to Floor64. Floor64's Privacy Notice is hereby incorporated into these Terms by reference: please read this notice carefully for information relating to Floor64's collection, use, and disclosure of your personal information.

3. Individual Features and Services.

When using the Insight Community, you will be subject to any additional posted guidelines or rules applicable to specific services and features that may be posted from time to time (the "Guidelines"). All such Guidelines are hereby incorporated by reference into these Terms.

4. Modification of these Terms.

Floor64 reserves the right, at our discretion, to modify these Terms at any time. Please check these Terms and any Guidelines periodically for changes. Your continued use of the Insight Community after the posting of changes constitutes your binding acceptance of such changes. For any material changes to these Terms, such amended terms will automatically be effective thirty days after they are initially posted on the Insight Community and will be presented to you during your first login subsequent to date of such modification.

5. Digital Millennium Copyright Act.

It is Floor64's policy to respond to notices of alleged copyright infringement that comply with the Digital Millennium Copyright Act. For more information, please go to Floor64's DMCA Notification Guidelines. Floor64 will promptly terminate without notice any User's access to the Insight Community if that User is determined by Floor64 to be a "repeat infringer." A repeat infringer is a User who has been notified by Floor64 of infringing activity violations more than twice and/or who has had a Contributor Submission or any other user-submitted content removed from the Insight Community more than twice.

6. Contributor Submissions License Grant; Representations and Warranties.

6.1 Contributor Submissions Representations and Warranties.

You are solely responsible for your Contributor Submissions and the consequences of posting or publishing them. By uploading and publishing your Contributor Submissions, you affirm, represent, and warrant that:

(1) you are able to participate and contribute comments to Floor64 according to these Terms of Service without violating or breaching any understanding or agreement (INCLUDING ANY OBLIGATION OF CONFIDENTIALITY TO ANY THIRD PARTY);

(2) you are the creator and owner of your Contributor Submissions which are your original, unpublished work, and for any pre-existing materials incorporated therein you have obtained all necessary licenses, rights, consents, and permissions to use and to authorize Floor64 to exercise the licenses granted by you in this Section 6.

(3) your Contributor Submissions do not and will not: (a) infringe, violate, or misappropriate any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right (b) slander, defame, libel, or invade the right of privacy, publicity or other property rights of any other person; or (c) violate any applicable law or regulation.

(4) your Contributor Submission will be prepared in a professional manner with due regard to accuracy and fact-checking.

6.2 Confidential Information; Nonuse and Nondisclosure

It may be necessary for Floor64 to disclose to you certain proprietary or confidential information, which may include, without limitation, information that relates to Floor64’s or the Sponsoring Companies’ products, designs, business plans, business opportunities, finances, research, development, know-how, personnel, or other information that relate to confidential or proprietary aspects of our or their businesses ("Confidential Information").

You agree not to use any Confidential Information for any purpose except only to the extent necessary to submit a Contributor Submission. You agree not to disclose or allow access to any Confidential Information to any third parties (including to Floor64’s competitors). You further acknowledge and agree that in the event of any unauthorized use or disclosure or threat of unauthorized use or disclosure of any Confidential Information (including, but not limited to, information concerning Floor64 or its Sponsoring Companies’ current or any future and proposed work, services or products, the facts that any such work, services, or products are planned, under consideration, or in production, as well as any descriptions thereof), Floor64 shall be entitled to preliminary and final injunctions, enjoining and restraining such use or disclosure or threatened use or disclosure.

6.3 Nonconfidential Contributor Submissions: Grant of Rights

If a particular Case is NOT marked as confidential by Floor64:

6.4 Confidential Contributor Submissions; Grant of Rights

If a particular Case is marked confidential by Floor64, your Contributor Submission is subject to an additional "Confidential Contributor Submission Agreement" that you will have agreed to before taking on such a Case.

6.5 Contributor Submissions Disclaimer.

You understand that when using the Insight Community you will be exposed to Contributor Submissions from a variety of sources, and that Floor64 is not responsible for the accuracy, usefulness, or intellectual property rights of or relating to such Contributor Submissions. You further understand and acknowledge that you may be exposed to Contributor Submissions that are inaccurate, offensive, indecent or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Floor64 with respect thereto. Floor64 does not endorse any Contributor Submissions or any opinion, recommendation or advice expressed therein, and Floor64 expressly disclaims any and all liability in connection with Contributor Submissions. If notified by a User or a content owner of a Contributor Submission that allegedly does not conform to these Terms of Service, Floor64 may investigate the allegation and determine in its sole discretion whether to remove the Contributor Submission, which it reserves the right to do at any time and without notice.

7. Compensation

7.1 Commission Cases

If your Contributor Submission meets the requirements for a given Commission Case, as set forth in the applicable Case and in these Terms (as solely determined by Floor64), then unless otherwise specified in connection with a specific Case, fees will be paid within 60 days of the Case closing, except that Floor64 reserves the right to delay payment until the aggregate amount due to you is at least $250.

7.2 Challenge Cases

In the case of Challenge Cases, your Contributor Submission will be reviewed by Floor64, with input from the Sponsoring Company, and others as determined by Floor64. If your Contributor Submission meets the requirements for a given Challenge Case, as set forth in the applicable Case and in these Terms, and is selected by Floor64 or the Sponsoring Company, based on the quality, analytical value and general excellence of your Contributor Submission as determined by Floor64 or the Sponsoring Company in their sole discretion, then upon notice of acceptance by Floor64 unless otherwise specified in connection with a specific Case, fees will be paid within 60 days of the Case closing, except that Floor64 reserves the right to delay payment until the aggregate amount due to you is at least $250. You acknowledge that Insights on Challenge Cases are prepared and submitted by you to Floor64 on speculative basis, and no compensation will be paid unless your Contributor Submission is selected.

7.3 Independent Contractor

Nothing in this Agreement shall in any way be construed to constitute you as an agent, employee or representative of Floor64, but you shall perform the Services as an independent contractor. You acknowledge and agree that you are obligated to report as income all compensation received by you pursuant to these Terms.

You are solely responsible for compliance with any state or federal tax law, tax law of any country, or any applicable international tax treaty. Floor64 will not: i) withhold FICA (Social Security) from any payments to you; ii) make state or federal unemployment insurance contributions on your behalf; (iii) withhold state and federal income tax from any payments to you; (iv) make disability insurance contributions on your behalf; or (v) obtain workers’ compensation insurance on your behalf. All payments are subject to your submission of appropriate tax forms for independent contractors.

8. Prohibited Conduct.


Floor64 reserves the right to exercise whatever lawful means it deems necessary to prevent unauthorized use of the Insight Community, including, but not limited to, technological barriers, IP mapping, and directly contacting your Internet Service Provider (ISP) regarding such unauthorized use.

9. Account

When you use the Insight Community to upload and/or download content, services, or information from Floor64, you may be asked to provide a password. You are solely responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You agree that the information you provide to Floor64 on registration and at all other times will be true, accurate, current, and complete. You also agree that you will ensure that this information is kept accurate and up-to-date at all times. If you have reason to believe that your account is no longer secure (e.g., in the event of a loss, theft or unauthorized disclosure or use of your account ID, password, or any credit, debit or charge card number, if applicable), then you agree to immediately notify Floor64. You may be liable for the losses incurred by Floor64 or others due to any unauthorized use of your Insight Community account.

10. Third-Party Sites, Products and Services; Links.

The Insight Community may include links or references to other web sites or services solely as a convenience to Users ("Reference Sites"). Floor64 does not endorse any such Reference Sites or the information, materials, products, or services contained on or accessible through Reference Sites. In addition, your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Insight Community are solely between you and such advertiser. Access and use of Reference Sites, including the information, materials, products, and services on or available through Reference Sites is solely at your own risk.

11. Termination; Terms of Service Violations.

11.1 Floor64.

You agree that Floor64, in its sole discretion, for any or no reason, without notice and without penalty, may terminate any account (or any part thereof) you may have with Floor64 or your use of the Insight Community and remove and discard all or any part of your account, User profile, and any Contributor Submission, at any time. Floor64 may also in its sole discretion and at any time discontinue providing access to the Insight Community, or any part thereof, with or without notice. You agree that any termination of your access to the Insight Community or any account you may have or portion thereof may be effected without prior notice, and you agree that Floor64 will not be liable to you or any third party for any such termination. Any suspected fraudulent, abusive or illegal activity may be referred to appropriate law enforcement authorities. These remedies are in addition to any other remedies Floor64 may have at law or in equity. As discussed herein, Floor64 does not permit copyright infringing activities on the Insight Community, and will terminate access to the Insight Community, and remove all Contributor Submissions or other content submitted by any Users who are found to be repeat infringers. Upon termination for any reason, you agree to immediately stop using the Insight Community. If Floor64 terminates these Terms, it will compensate you for all outstanding Cases you have completed prior to the date of termination, which had compensation payments associated with them.

11.2 You.

If you are dissatisfied with the Insight Community, please let us know. Your input is valuable to us. Your only remedy with respect to any dissatisfaction with (i) the Insight Community, (ii) any term of this Terms of Service, (iii) any policy or practice of Floor64 in operating the Insight Community, or (iv) any content or information transmitted through the Insight Community, is to terminate this Terms of Service and your account. You may terminate this Terms of Service at any time by discontinuing use of any and all parts of the Insight Community.

12. Ownership; Proprietary Rights.

The Insight Community is owned and operated by Floor64. The visual interfaces, graphics, design, compilation, information, computer code (including source code or object code), products, software, services, and all other elements of the Insight Community provided by Floor64 (the "Materials") are protected by applicable laws. Except for any information provided in connection with Cases that are provided and owned by Sponsoring Companies, all Materials contained on the Insight Community are the property of Floor64 or its subsidiaries or affiliated companies and/or third-party licensors. All trademarks, service marks, and trade names are proprietary to Floor64 or its affiliates and/or third-party licensors. Except as expressly authorized by Floor64, you agree not to sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorized use of the Materials. Floor64 reserves all rights not expressly granted in this Terms of Service.

13. Indemnification.

You agree to indemnify, save, and hold Floor64, its affiliated companies, contractors, employees, agents and its third-party suppliers, licensors, licensees, Sponsoring Companies and partners harmless from any claims, losses, damages, liabilities, including legal fees and expenses, arising out of: (i) your use or misuse of the Insight Community; (ii) any violation by you of these Terms; (iii) any claims, liabilities, or expenses relating to compensation, tax, insurance, or benefit matters; and (iv) any breach of the representations, warranties, and covenants made by you herein or any third-party claim inconsistent with any of the foregoing. Floor64 reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify Floor64, and you agree to cooperate with Floor64's defense of these claims. Floor64 will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it.

14. Disclaimers; No Warranties.

To the fullest extent permissible pursuant to applicable law, Floor64, and its affiliates, partners, assigning companies, and suppliers ("Floor64 parties") disclaim all warranties, statutory, express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement of proprietary rights. No advice or information, whether oral or written, obtained by you from Floor64 or through the Insight Community will create any warranty not expressly stated herein. You expressly acknowledge that as used in this section 14, the term Floor64 includes the Floor64 parties’ officers, directors, employees, shareholders, agents, licensors and subcontractors. You expressly agree that the use of the Insight Community is at your sole risk. The Insight Community and any data, information, contributor submissions, reference sites, services, or applications made available in conjunction with or through the Insight Community ("Floor64 offerings") are provided on an "as is" and "as available", "with all faults" basis and without warranties or representations of any kind either express or implied. No warranty is made that the Floor64 offerings will be uninterrupted, or free of errors, viruses or other harmful components and no warranty is made that any of the foregoing will be corrected, or in terms of correctness, accuracy, reliability, or otherwise.

You will be solely responsible for any damage to your property (including your computer system) or loss of data that results from the download or use of such material or data.

15. Limitation of Liability and Damages.

15.1 Limitation of Liability.

Under no circumstances, including, but not limited to, negligence, will the Floor64 parties be liable for any special, indirect, incidental, consequential, punitive, reliance, or exemplary damages (including without limitation damages arising from any unsuccessful court action or legal dispute, lost business, lost revenues or loss of anticipated profits or any other loss or damage of any nature whatsoever) arising out of or relating to these terms, the Floor64 offerings, the contributor submissions, or any other interactions with Floor64, even if Floor64 or a Floor64 authorized representative has been advised of the possibility of such damages.

15.2 Limitation of Damages.

In no event will any of the Floor64 parties total liability to you for all damages, losses, and causes of action arising out of or relating to these terms or your use of the Insight Community, your contributor submissions or your interaction with other Insight Community users (whether in contract, tort including negligence, warranty, or otherwise), exceed the amounts payable to you, if any for accepted contributor submissions, or one hundred dollars, whichever is greater.

16. Limitations by Applicable Law; Basis of the Bargain

16.1 Limitations by Applicable Law.

Certain jurisdictions do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If you reside in such a jurisdiction, some or all of the above disclaimers, exclusions, or limitations may not apply to you, and you may have additional rights. The limitations or exclusions of warranties, remedies or liability contained in this terms of service apply to you to the fullest extent such limitations or exclusions are permitted under the laws of the jurisdiction in which you are located.

16.2 Basis of the Bargain.

You acknowledge and agree that Floor64 has offered its products and services, set its prices, and entered into these terms in reliance upon the warranty disclaimers and the limitations of liability set forth herein, that the warranty disclaimers and the limitations of liability set forth herein reflect a reasonable and fair allocation of risk between you and Floor64, and that the warranty disclaimers and the limitations of liability set forth herein form an essential basis of the bargain between you and Floor64. Floor64 would not be able to provide the Insight Community to you on an economically reasonable basis without these limitations.

17. United States Export Controls.

You agree to comply with all export laws and restrictions and regulations of the United States Department of Commerce or other United States or other sovereign agency or authority, and not to export, or allow the export or re-export of any technical data or any direct product thereof in violation of any such restrictions, laws or regulations, or unless and until all required licenses and authorizations are obtained with respect to the countries specified in the applicable United States Export Administration Regulations (or any successor supplement or regulations). The transfer of certain technical data and commodities may require a license from an agency of the United States government and/or written assurances by you that you will not export such technical data or commodities to certain foreign countries without prior approval of such agency. Your rights under this Terms of Service are contingent on your compliance with this provision.

18. Miscellaneous.

18.1 Notice.

Floor64 may provide you with notices, including those regarding changes to Floor64's terms and conditions, by email, regular mail or postings on the Insight Community. Notice will be deemed given twenty-four hours after email is sent, unless Floor64 is notified that the email address is invalid. Alternatively, we may give you legal notice by mail to a postal address, if provided by you through the Insight Community. In such case, notice will be deemed given three days after the date of mailing. Notice posted on the Insight Community is deemed given 30 days following the initial posting.

18.2 Waiver.

The failure of Floor64 to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision. Any waiver of any provision of these Terms will be effective only if in writing and signed by Floor64.

18.3 Governing Law; Jurisdiction

These Terms will be governed by and construed in accordance with the laws of the State of California, without giving effect to any principles of conflicts of law.

18.4 Severability.

If any provision of these Terms or any Guidelines is held to be unlawful, void, or for any reason unenforceable, then that provision will be limited or eliminated from these Terms to the minimum extent necessary and will not affect the validity and enforceability of any remaining provisions.

18.5 Case.

These Terms and related Guidelines, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Floor64 without restriction. Any assignment attempted to be made in violation of this Terms of Service shall be void.

18.6 Survival.

Upon termination of these Terms, any provision which, by its nature or express terms should survive, will survive such termination or expiration, including, but not limited to, Sections 5, 6, 7.4, 8-18. The confidentiality provisions set forth in Section 6.2 ("Confidential Information; Nonuse and Nondisclosure") will survive for two (2) years following the termination of these Terms.

18.7 Headings.

The heading references herein are for convenience purposes only, do not constitute a part of these Terms, and will not be deemed to limit or affect any of the provisions hereof.

18.8 Entire Agreement.

This is the entire agreement between you and Floor64 relating to the subject matter herein and will not be modified except in writing, signed by both parties, or by a change to these Terms or Guidelines made by Floor64 as set forth in Section 4 above.

18.9 Claims.


18.10 Disclosures.

The services are offered by Floor64, Inc., located at: 440 N Wolfe Rd., Sunnyvale, CA 94085 and email: If you are a California resident, you may have the same information emailed to you by sending a request for this information to the foregoing physical or email address.