Thank you for agreeing to both participate in Business Group on Health’s (“BUSINESS GROUP ON HEALTH”) surveys, to be conducted either directly by BUSINES GROUP ON HEALTH or by a BUSINESS GROUP ON HEALTH designated contractor (e.g., Survey Monkey), and provide certain information to BUSINESS GROUP ON HEALTH. For more information on this survey, please contact [email protected]. With regard to such participation and the submission of any data, BUSINESS GROUP ON HEALTH requests the following rights and covenants. YOU (with the person or entity submitting information or material identified herein as or with “You” or “your”) SHOULD THEREFORE READ CAREFULLY THE FOLLOWING TERMS AND CONDITIONS CONTAINED IN THIS PARTICIPATION AGREEMENT (“Agreement”).
- 1 | LICENSE GRANT. By providing or submitting any information or material(s), You hereby grant BUSINESS GROUP ON HEALTH a non-exclusive and sublicensable right and license to use the information or material(s) You provide or make available to BUSINESS GROUP ON HEALTH your company’s approach on and perspectives of health and well-being strategies (“Contributed Data”) for analytical purposes, for the purpose of general membership surveys, calls, benchmarking groups and plan design discussions between our members, and for other lawful purposes. BUSINESS GROUP ON HEALTH requests that no personally identifiable information (from the Contributed Data) be provided to BUSINESS GROUP ON HEALTH in connection with any BUSINESS GROUP ON HEALTH survey.
- 2 | CONFIDENTIALITY. BUSINESS GROUP ON HEALTH agrees to secure and protect the confidentiality of any nonpublic Contributed Data using at least as great a degree of care as BUSINESS GROUP ON HEALTH uses to maintain the confidentiality of BUSINESS GROUP ON HEALTH’s own confidential information of a similar nature, but in no event using less than reasonable efforts. Notwithstanding the foregoing, BUSINESS GROUP ON HEALTH may report on aggregate survey results during media interviews to represent employer strategies and perspectives in health care and well-being.
- 3 | NO COMPENSATION; EXPENSES. You acknowledge and agree that You will receive no compensation in any form for participation or submission of the Contributed Data, any use by BUSINESS GROUP ON HEALTH, or for any other service or assistance You may provide in connection therewith. You and BUSINESS GROUP ON HEALTH shall each bear the respective costs and expenses of performance hereunder.
- 4 | PRIVACY POLICY. Please see BUSINESS GROUP ON HEALTH Privacy Policy at for a summary of BUSINESS GROUP ON HEALTH’s personally identifiable information collection and use practices.
- 5 | PROPRIETARY RIGHTS. You shall retain ownership of the Contributed Data. BUSINESS GROUP ON HEALTH shall own any rights to its survey and any derivations, modifications, improvements, or enhancements to the Contributed Data. BUSINESS GROUP ON HEALTH reserves all rights not expressly granted.
- 6 | REPRESENTATIONS AND WARRANTIES. You and BUSINESS GROUP ON HEALTH each represent and warrant that You and BUSINESS GROUP ON HEALTH have the right to enter into, perform, and fulfill the respective duties and responsibilities of this Agreement. In addition, with respect to the Contributed Data, You acknowledge and agree that You are solely responsible for rights clearance and accuracy, and You hereby represent and warrant that You own all rights, title, and interest in the Contributed Data or have the full right, power and authority to grant the rights herein. You also represent and warrant that You are not aware of any investigation, claim, or litigation involving the Contributed Data; the Contributed Data does not violate or infringe the rights of any other party (or person) or the laws or regulations of any government or judicial authority; the Contributed Data is accurate to the best of your knowledge; and the Contributed Data does not include any libelous, defamatory, obscene, or unlawful material under the laws of the United States.
- 7 | DISCLAIMER. PARTICIPATION AND THE BUSINESS GROUP ON HEALTH SURVEY IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND.
- 8 | GOVERNING LAW. This Agreement has been made in and will be construed and enforced solely in accordance with the laws of the District of Columbia, U.S.A. BUSINESS GROUP ON HEALTH abides by applicable U.S. Federal antitrust and other laws governing implementation of its surveys.
- 9 | TERM AND TERMINATION. This Agreement takes effect (or re-take effect) immediately upon participation in a BUSINESS GROUP ON HEALTH survey or submission of any Contributed Data will take effect upon mutual execution below. BUSINESS GROUP ON HEALTH reserves the right at any time to terminate this Agreement upon providing You notice thereof. You may also terminate at any time by providing BUSINESS GROUP ON HEALTH with notice of such termination. In addition to the Miscellaneous clause below, the provisions concerning the License Grant, Confidentiality, Proprietary Rights, Representations and Warranties, Limitation of Liability, Governing Law, and Term and Termination will survive the termination or expiration of this Agreement.
- 10 | ADDITIONAL TERMS AND CONDITIONS. Additional notices, terms, and conditions may apply to use of the BUSINESS GROUP ON HEALTH website(s), tools, materials, or programs.
- 11 | MISCELLANEOUS. The relationship between You and BUSINESS GROUP ON HEALTH is and shall be that of independent contractors and nothing in this Agreement shall be construed or used to create or imply any relationship of partners, joint venturers, or employer and employee. Failure to insist on strict performance of any of the terms and conditions of this Network Agreement will not operate as a waiver of any subsequent default or failure of performance. In the event any provision of this Agreement is found by an arbitrator or court of competent jurisdiction to be invalid, void, or unenforceable, You agree that unless it materially affects the entire intent and purpose of this Agreement, the invalidity, voidness, or unenforceability shall affect neither the validity of this Agreement nor the remaining provisions herein, and the provision in question shall be deemed to be replaced with a valid and enforceable provision most closely reflecting the intent and purpose of the original provision. Headings are for convenience only and have no legal or contractual effect. This Agreement represents the entire agreement between You and BUSINESS GROUP ON HEALTH with respect to the subject matter herein and supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written between You and BUSINESS GROUP ON HEALTH with respect to the Contributed Data. BUSINESS GROUP ON HEALTH may change this Agreement from time to time. CONTACT. If You have any questions regarding this Agreement or a BUSINESS GROUP ON HEALTH survey, please contact BUSINESS GROUP ON HEALTH at [email protected]