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Terms and Conditions of Service

Definitions

The Website shall be defined as theopinionpanel.com
The Service shall be defined as The Opinion Panel
Points shall be defined as a virtual currency awarded for participation
The Designated Amount shall be defined as 10,000 Points
Third Party shall be defined as any website or entity outside of The Website.
The User or Users shall be defined as all visitors or users of this website. Reward shall be defined as an item designed by The Website as redeemable in exchange for The Designated Amount, such as a gift card.

By using The Website you agree to be bound by these terms of use (the Agreement), whether or not you register as a member (Member). If you wish to become a Member read the Agreement and indicate your acceptance of it by following the instructions on the Sign-Up page.

Agreement

This agreement sets out the legally binding terms of your use of The Website and your membership in the Service and may be modified by The Website at any time and without prior notice, such modifications to be effective upon posting by The Website on the Website. This agreement includes The Website's policy for acceptable use of the Website and the Service, The Website's Privacy Policy, and any notices regarding the Website.

Membership
1. Eligibility.
  1. Residency. You must be a citizen or resident of the United States, Canada, Australia, or the United Kingdom to visit The Website and use The Service.
  2. Age. You must be at least eighteen years of age to visit The Website and use The Service. By using The Website, you represent and warrant that all registration and profile information that you submit is truthful and accurate and that you agree to maintain the accuracy of such information. You further represent and warrant that your use of The Website will not violate any applicable law or regulation. Your profile may be deleted at any time, without warning, if it is found that you are misrepresenting your age and you are younger than 18.
  3. Valid information. Users must be living individuals, and not corporations or any other type of entity. Users must provide a valid e-mail address during registration in order to activate their account with The Website. In addition, any time Users provide information to The Website or in response to any Third Party offer, such information must be accurate and complete and be your own information and not the information of any other person. This includes, but is not limited to, the registration process, User profile, surveys, and any other place where information is requested.
  4. Comply with laws. The Website and any services provided by The Website are void where prohibited by law and it is the User's sole responsibility to ascertain if it is legal in the User's area to use The Website and any services provided by The Website before using The Website or any services provided by The Website.
2. Term. This agreement shall remain in effect in full force and effect while you use the Website and/or are a Member. If The Website terminates your Membership in the Service because you breached the Agreement, you shall not be entitled to the refund of any unused portion of subscription fees, should any exist, or any monies owed to you by The Website for whatever reason. Even after membership is terminated, this Agreement will remain in effect.
3. Non-commercial Use by Members. The Website is for the personal use of individual Members only and may not be used in connection with any commercial endeavors. Organizations, companies, and/or businesses may not become Members and should not use the Service or The Website for any purpose. Passwords and compiled names, photos, links, and Web site content are not to be transferred or copied from the Web site for use with any other product or service. Illegal and/or unauthorized uses of the Web site, including collecting Usernames and/or email addresses of members by electronic or other means for the purpose of sending unsolicited email and unauthorized framing of or linking to the Web site will be investigated, and appropriate legal action will be taken, including without limitation, civil, criminal, and injunctive redress.
4. Member Responsibilities. You agree to and must use your own contact information, including but not limited to full name and email address, in the registration/sign-up process either on The Website or any Third Party site that The Website directs you to. Under no circumstances may you assume a false identity either with the Website or any Third Party partner of The Website. After you register, it is your responsibility to keep any login information confidential, as you are solely responsible for all actions taken with your account. You are solely responsible for all Content published or displayed through your account, including any email messages or posts, and for your interactions with other members. Should any instances of fraud, system abuse, or any type of activity deemed to be inappropriate or illegal by The Website be detected it may result in member termination and possible legal action. Any solicitation of advertisers for a confirmation email for purposes of receiving Points in your account will be grounds for immediate termination. You agree to receive e-mails from The Website on a reasonable schedule that may contain advertising or links to Third Party services. In the event your e-mail account on file becomes closed or blocked to messages from The Website, your account may be marked as inactive or terminated.
5. Duplicate accounts. Users may not create more than one account with The Website. If a member is found to have more than one account, their account may be terminated without warning. We do not allow:
  1. More than one account in the same Household
  2. More than one account using the same computer
  3. More than one account with the same mailing address
6. Relationship between The Website and The User. You and The Website are independent contractors, and nothing in this Agreement creates any partnership, joint venture, agency, franchise, sales representative or employment relationship between you and The Website. You understand that you do not have authority to make or accept any offers or make any representations on behalf of The Website. You may not make any statement that would contradict anything in this section.
7. Inactivity.The Website urges members to ensure their account remains active by clicking on the links in all email communications in order to avoid any delay in processing Reward redemptions or forfeiture of earnings. Reward redemption requests are removed if a member's account becomes inactive. The automated system that deactivates Users based on the above criteria runs immediately before Reward redemptions are processed. Therefore, it is possible for a member's account to be set to inactive immediately before their Reward redemption is processed. A User's Account will be set to inactive for any of the following reasons:
  1. Invalid E-mail address.If The Website receives a bounce-back error message or similar message when sending an e-mail to a member, then that member's account will be set to inactive. A bounce-back message may occur if the User has added The Website to their "Ignore list" or marked a message from The Website as SPAM, or for other reasons.
  2. Failure to confirm email communications.If a member fails to click on a link in 10 consecutive email communications from The Website, their account will be set to inactive. The Website reserves the right to change this number at any time.
  3. Outdated or inactive contact information.Members are responsible for maintaining accurate and complete contact information and promptly updating such information if a person moves, contact information otherwise changes, or if a member has difficulty with their email service provider. If The Reward sent out to a member is returned to us for any reason, including our being provided with inaccurate or outdated contact information, we will continue to hold The Reward for up to ninety (90) days and will resend The Reward upon request and receipt of correct contact information within the ninety (90) day period. If we do not receive a request to resend reward along with corrected contact information within ninety (90) days then all Points giving rise to The Reward are deemed forfeit, and The Reward is forfeited and permanently waived.
8. Reactivation. If a member's account becomes inactive, they can reactivate it within 6 months of the account being placed on inactive status by logging into the member's section and requesting that a confirmation email be sent to them. When the member clicks the link provided in the confirmation email, their account will be reactivated.
9. Membership cancellation. Users may cancel their account any time by clicking the "Cancel Membership" link found at the bottom of any page of The Website. In addition, all e-mails sent to Users include a link to the cancellation page. If a User cancels their account, they will forfeit all earnings in their account and any verified or pending referrals. In addition, any requested or pending Reward redemptions for that User are removed and forfeited.
10. Permanent removal. If a User's account remains inactive as described above and the User has not logged into their account, confirmed an e-mail communication, or participated a survey on The Website for a period of six (6) months without being reactivated, then their account will be permanently removed and all Points or other items accrued will be forfeited. In the event of a death of any User, such User's account is automatically and immediately terminated, and all Points or other items accrued in such account are forfeited.
Rewards
1. Earning Points for actions During use of The Website's Services you will have opportunities to earn Points for completing certain actions on Third Party websites. The actions necessary to earn these Points will be described in detail by The Website before every opportunity.
  1. Complete actions. If you do not complete all actions listed, The Website is under no obligation to award you any number of Points . Your account will be awarded the stated amount of Points after all required actions have been completed and The Website has received confirmation of completion from the Third Party. If the Third Party does not report a completed action when the User feels there should be one, The Website will make its best effort towards ascertaining the status of the action, but is under no obligation to award Points. The Website may request proof of completion including, but not limited to, a confirmation email, cancellation email, credit card statement, and proof of participation.
  2. Tracked actions. The opportunity must be directed through the links provided by The Website; any non-tracked or non-sanctioned actions will not be eligible to be awarded any Points.
  3. Duplicate actions. Duplicate actions either made with the same information or with an email alias are, for the purpose of earning Points, invalid.
  4. Confirmation emails. Any solicitation of Third Parties for a confirmation email to be sent to The Website for purposes of earning Points for an action will be grounds for immediate termination.
2. Tax matters.You are responsible for any and all tax liability arising from or associated with your use of this Website, including liability arising from your redemption of Rewards.
3. Reward Redemption Schedule. Reward redemption requests are automatically processed on the 15th and last day of every month. On these days, if your verified balance is greater than or equal to The Designated Amount as specified on The Website and you have requested to redeem your Points for a Reward in accordance with the instructions on The Website, you will receive an email about the steps necessary to receive The Reward.
4. Credit Issues.If you are having problems receiving credit for completion of a product evaluation, you may contact The Website through the provided methods to attempt to resolve the issue. You must submit your request for credit adjustment by the 3rd day of the month after which you took the product evaluation. For example, if you completed a product evaluation on April 23rd but did not receive the proper credit, you must submit a complete and accurate formal request for credit adjustment on or before May 3rd so that The Website has time to work with its partners to address the problem. The process of manually crediting a member can take between two and three weeks once all needed information has been received from the member.
5. Fraud prevention.The Website reserves the right to request further information from you to ensure you have not fraudulently completed offers or participated in offers with no intent to ultimately go through or honor the offer. This information may include, but is not limited to, a copy of the credit card statement that was used to complete the offers, in order to ensure a stolen credit card was not used. The Website reserves the right to place any Reward redemption request on hold, for any reason, until the requested information has been provided by you. Ample notice will be given to you to provide this information. If you do not provide this information before The Reward redemption is scheduled to be processed, your Account will be suspended until you do so. All decisions by The Website regarding fraud or suspected fraud are binding and final.
6. Delivery locationMembers are responsible for selecting a secure and reliable mail delivery address for their Rewards and other communications. We are not responsible for any stolen or lost Rewards and will not replace Rewards allegedly used improperly by Third Parties so long as such Reward was sent to the mailing address as indicated in your account information at the time such check was sent. If your household mail box is not secure we recommend you obtain a secure post office box.
Referrals
1. Refer-a-friend Terms and Conditions. When members choose to use The Service's Refer-a-Friend service, the member is provided a link through which new members may join. While there is no limit to the number of referrals that a single member may solicit, The Service has a Zero Tolerance policy for spam and if a member is found to be spamming or employing spam-like tactics to get referrals, their account will be suspended and further action may be taken. If a person joins The Service through a current member's link, banner or button then that member will have 1,000 Points credited to their account as long as the following conditions are met:
  1. The referring member has not made any untrue or exaggerated statements when advertising The Website or engaged in any unfair or deceptive trade practice as defined by law. If a User has a specific question as to whether or not a particular advertising method is acceptable, they should contact member support prior to engaging in that action.
  2. The person joining The Service is not currently a member.
  3. The new member successfully signs up and completes at least one product evaluation they receive via email and receives verified credit for the completion to their account.
  4. The whole process from sign-up to verified product evaluation competition is completed with 30 days of clicking on the original member's link, banner or button. Because this service requires a tracking cookie to ensure that the existing member be credited, all parties must have cookies enabled for the duration of the above transaction.
General terms
1. Third Party Content. The Website's site contains links to other Third Party websites. The Website is under no obligation to remove or correct inclusion of or links to unintended, objectionable, antiquated or erroneous content. The Website will not be held responsible for any loss of data or monies regarding your use of these Third Party websites. Use of or links to Third Party websites is not an endorsement of their services. The Website is not affiliated with any listed products, brands, or merchants. Trademarks, service marks, and/or logos (including individual product names) are the property of their respective owners, who have no association with and make no endorsement of the products and services provided by The Website.
2. Proprietary Rights in Content on The Website. You acknowledge and agree that the Service uses and contains proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that content contained in sponsor advertisements or information presented to you through the Service is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized in these Terms of Service, you agree not to modify, sell, distribute or create derivative works based on the Service in whole or in part for any purpose whatsoever. You agree not to access the Service by any means other than through the interface that is provided by The Website for use in accessing the Service.
3. Copyright Policy. You may not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights.
4. Privacy. Use of the Website and/or Service is also governed by our Privacy Policy.
5. Disclaimers.
  1. The Website is not responsible for any incorrect or inaccurate Content posted on the Web site or in connection with the Service, whether caused by Users of the Web site, Members or by any of the equipment or programming associated with or utilized in the Service.
  2. The Website is not responsible for the conduct, whether online or offline, of any User of the Web site or Member of the Service. The Website assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, User or Member communications.
  3. The Website is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or at any web site or combination thereof, including injury or damage to Users and/or Members or to any other person's computer related to or resulting from participating or downloading materials in connection with the Web and/or in connection with the Service.
  4. Under no circumstances will The Website be responsible for any loss or damage, including personal injury or death, resulting from anyone's use of the Web site or the Service, any Content posted on the Web site or transmitted to Members, or any interactions between Users of the Web site, whether online or offline.
  5. The Web site and the Service are provided "AS-IS" and The Website expressly disclaims any warranty of fitness for a particular purpose or non-infringement. The Website cannot guarantee and does not promise any specific results from use of the Web site and/or the Service.
  6. The service may be temporarily unavailable from time to time for maintenance or other reasons. No advice or information, whether oral or written, obtained by you from The Website or through or from the service shall create any warranty not expressly stated in these Terms of Service.
6. Customer Support Rights and Obligations. The Website will make a best effort to address any and all support tickets in a timely manner. If you generate a support ticket that either duplicates the content of a currently open ticket or requests information that is clearly stated in the FAQ, The Website reserves the right to close the ticket without further response. Should a member be found to be abusing the support system by making excessive or redundant requests for support, or chronically failing to cooperate with the requests for assistance from a Support Specialist, The Website reserves the right to terminate the member's account after a reasonable warning. Should the account be terminated, the member will forfeit any current balance that does not meet the terms of Reward redemption at the time of the termination.
7. Promotional Materials. Any suggested Reward or compensation in promotional materials is of potential value as provided to The Website by the Third Party. This stated value listed is not a guarantee of compensation. Under no circumstances will The Website be held responsible for all or any part of the stated compensation or value.
8. Limitation on Liability. In no event will The Website be liable to you or any third person for any indirect, consequential, exemplary, incidental, special or punitive damages, including also lost profits arising from your use of the Web site or the Service, even if The Website has been advised of the possibility of such damages. Notwithstanding anything to the contrary contained herein, The Website's liability to you for any cause whatsoever, and regardless of the form of the action, will at all times be limited to the amount paid, if any, by you to The Website for the Service during the term of membership. In no event will The Website be liable to you or any third person for any monetary, indirect, consequential, exemplary, incidental, special or punitive damages, including also lost profits arising from your use of Third Parties' products and/or services even if The Website directed you to the Third Party services. Your interaction with and use of any Third Party products and/or services are covered by the Third Parties' Privacy Policy and Terms and Conditions. We highly recommend that you take the time to read the Third Parties' Privacy Policy and Terms and Conditions before interacting with or using the Third Parties products and/or services.
9. Disputes. If there is any dispute about or involving The Website and/or the Service, by using The Website, you agree that the dispute will be governed by the laws of the State of New York without regard to its conflict of law provisions. You agree to personal jurisdiction by and venue in the state and federal courts of the State of New York, City of New York.
10. Indemnity. You agree to indemnify and hold harmless The Website, its affiliates, officers, agents, partners, and employees from any claim, action, demand, loss or damages (including attorneys' fees) made or incurred by any Third Party arising out of or relating to the your use of The Website, the Service provided by The Website, your violation of these Terms of Service, or your violation of any rights of a Third Party.
11. Other. This Agreement, accepted upon use of the Web site and further affirmed by becoming a Member of The Website, contains the entire agreement between you and The Website regarding the use of the Web site and/or the Service. The failure of The Website to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect. The section titles in these Terms of Service are for convenience only and have no legal or contractual effect.

LAST UPDATED 4/29/2009