TERMS OF SERVICE

June 23, 2016

 

(“SurveyCow”, “us”, “our”, and “we”). SurveyCow is a mobile application and website that allows researchers to collect market research from users and and SurveyCow compensates users with “Beef” (“Reward Points”) for answering survey questions that can be redeemed for cash, products and services from participating partners and / or making charitable contributions to participating non-profit organizations.  Certain features of the Services, may be subject to additional guidelines, terms, or rules, which will be posted on the Service in connection with such features. All such additional terms, guidelines, and rules are incorporated by reference into this Agreement. THESE TERMS OF USE (“AGREEMENT”) SETS FORTH THE LEGALLY BINDING TERMS FOR YOUR USE OF THE SERVICES. BY ACCESSING OR USING THE SITE OR SERVICES, YOU ARE ACCEPTING THIS AGREEMENT (ON BEHALF OF YOURSELF OR THE ENTITY THAT YOU REPRESENT) AND YOU REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT, AUTHORITY, AND CAPACITY TO ENTER INTO THIS AGREEMENT (ON BEHALF OF YOURSELF OR THE ENTITY THAT YOU REPRESENT). YOU MAY NOT ACCESS OR USE THE SITE, THE APP, OR SERVICES OR ACCEPT THE AGREEMENT IF YOU ARE NOT AT LEAST 18 YEARS OLD. IF YOU DO NOT AGREE WITH ALL OF THE PROVISIONS OF THIS AGREEMENT, DO NOT ACCESS AND/OR USE THE SERVICES.  These Terms and Conditions (these “Terms”) govern and apply to your use of SurveyCow’s services, including, without limitation, (1) membership with a SurveyCow panel or subpanel (unless such panel has its own separate terms and conditions) (individually a “Panel” and collectively the “Panels”), (2) use of and/or access to any Panel website (individually a “Website” and collectively the “Websites”), (3) participation in any survey or study offered, provided, hosted, or administered by or through SurveyCow (including the use of the SurveyCow “App”), and (5) your eligibility for, and/or redemption of rewards and prizes offered for certain actions and activities, including, without limitation, successfully completing surveys (the “App”, and collectively with the Site and all services provided through the Site and App, collectively, the “Services”).  All references in these Terms to “us” or “we” refer to SURVEYCOW.   SURVEYCOW reserves the right to refuse, restrict, prohibit, or reject your access to, use of, and/or participation in the Services, at any time and for any reason.  

Membership Eligibility.

Panel membership is generally open to individuals who satisfy the requirements for membership, including, without limitation, the minimum age requirement and geographic location requirement. The requirements for Panel membership may vary for each Panel. We only allow one member per unique email address. SURVEYCOW may refuse to provide the Services to anyone, at any time and for any reason.

Use of the Services.

The Services are for personal, non-commercial use. You may use the Services only when and as available. SURVEYCOW reserves the right to change, modify, or eliminate, and/or restrict or block access to, all or any part of the Services, without notice, at any time, for any reason.

SURVEYCOW provides Panel members and non-Panel members with the opportunity to participate in surveys. Participation in surveys is voluntary and is accepted when agreeing to the terms and conditions during the registration process. By agreeing to become a Panel member, you agree to receive invitations to participate in surveys. Additionally, SURVEYCOW may provide Panel members with the opportunity to communicate with other Panel members and/or SURVEYCOW.

Panel Registration.

You may access any Website(s) as a visitor without registering for membership with the Panel associated with the Website(s) and without providing or disclosing personal information.  

In order to register as a Panel member, you must register with or for the Panel and provide certain personal information. Panel members and non-Panel members are required to truthfully provide all information. SURVEYCOW reserves the right to restrict or prohibit your use of, access to, and/or participation in the Services if you provide, or SURVEYCOW reasonably suspects that you have provided, information that is untrue, inaccurate, not current, or incomplete.

Panel membership is specific to the individual who registers for membership with the Panel.  

You acknowledge that you are accessing, using, and/or participating in the Services in the capacity of an independent contractor, and no agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship is intended or created by this agreement.

Unauthorized Uses.

You agree not to: (i) use spiders, robots or other automated data mining techniques to catalog, download, store, or otherwise reproduce or distribute data or content available in connection with the Services, or to manipulate the results of any survey, prize draw, or contest; (ii) take any action to interfere with any Website(s) or an individual’s use of any Website, including, without limitation, by overloading, “flooding”, “mail bombing” or “crashing” any Website; (iii) send or transmit any viruses, corrupted data, or any other harmful, disruptive, or destructive code, file, or information, including, without limitation, spyware; (iv) collect any personally identifiable information of or about any other user of the Services; (v) send unsolicited emails, including, without limitation, promotions and/or advertising of products or services; (vi) open, use, or maintain more than one (1) membership account with a Panel; (vii) Forge or mask your true identity; (viii) frame a portion(s) of any Website within another website or alter the appearance of any Website; (ix) establish links from any other website to any page of, on, or located within any Website or to the Services, without the prior express written permission of SurveyCow; (x) post or transmit any threatening, libelous, defamatory, obscene, pornographic, lewd, scandalous, or inflammatory material or content or any material or content that could otherwise violate Applicable Laws (as defined herein); (xi) engage in any fraudulent activity, including, without limitation, speeding through surveys, taking the same survey more than once, masking or forging your identity, submitting false information during the registration process, submitting false or untrue survey data, redeeming or attempting to redeem rewards and prizes through false or fraudulent means, and tampering with surveys; (xii) reverse engineer any aspect of the Services or do or take any act that might reveal or disclose the source code, or bypass or circumvent measurers or controls utilized to prohibit, restrict or limit access to any webpage, content or code, except as expressly permitted by Applicable Laws; (xiii) engage in any criminal or illegal act(s); (xiv) use Restricted Content (as defined herein) in violation or breach of these Terms; or (xv) encourage and/or advise any individual, including, without limitation, any SURVEYCOW employee, to commit any act(s) prohibited hereunder. 

 

Restricted Content.

In connection with your use of, access to, and/or participation in the Services, you may have the opportunity to review or access confidential and proprietary information, materials, products, and content (“Restricted Content”) belonging to SURVEYCOW and/or SURVEYCOW’s clients, partners and/or licensors. Restricted Content is and shall remain the sole and exclusive property of the owner of the Restricted Content. In no event shall you obtain or receive any right, title, and/or interest in or to any Restricted Content. You agree to protect the confidentiality and secrecy of the Restricted Content and you agree not to modify, copy, reproduce, republish, display, transmit, distribute, reverse engineer, create derivative works of, decompile, or otherwise use, alter, or transfer Restricted Content without the prior express written consent of SURVEYCOW. You acknowledge and agree that Restricted Content may be subject to, and protected by, intellectual property laws, regulations, and codes. You further acknowledge and agree that if you breach or otherwise violate the restrictions, limitations, and prohibitions contained in this Section, in addition to any other rights or remedies available to SURVEYCOW, SURVEYCOW reserves the right to terminate, prohibit or restrict your use of, access to, and/or participation in the Services.   

User Content.

You are solely liable and responsible for all content, materials, information, and comments you use, upload, post or submit in connection with the Services (“User Content”). You are solely responsible for all third party approvals, consents, and/or authorizations required for User Content. If you submit User Content, the User Content may become publicly available and may be shared with third parties including, without limitation, SURVEYCOW’s clients, clients of SURVEYCOW’s clients, and third party service providers. User Content should only include audio, video, images, or the likeness of the individual submitting the User Content and should not contain copyrighted or trademarked content or material of any third party. User Content should not include audio, video, images, or the likeness of anyone other than the user.

By using, uploading, posting, or submitting User Content in connection with the Services, you hereby grant to SURVEYCOW and SURVEYCOW’s clients a perpetual, irrevocable, unlimited, transferrable, sub-licensable, world-wide, royalty free, right and license to edit, copy, transmit, publish, display, create derivative works of, reproduce, modify, distribute, and otherwise use, modify, or distribute your User Content in any manner, without compensation or notice.  

You are solely responsible for the User Content, SURVEYCOW does not and cannot review all User Content and SURVEYCOW is not responsible for the User Content. SURVEYCOW reserves the right to delete, move, or edit User Content, that is, in SURVEYCOW’s sole discretion, deemed to: (i) violate these Terms, (ii) violate copyright or trademark laws, or (iii) be abusive, defamatory, obscene, or otherwise unacceptable. 

Accounts.

A user may only have one account and a single device.  A plurality of either or and/or both will not be tolerated and will be grounds for being banned from our services.  The SurveyCow services will only be made available for use in locations designated by SurveyCow through the Google Play Store.  Anyone that attempts use from locations outside of our designated countries legally available will be banned and reward points recouped by SurveyCow. 

If a user is found to have applied misconduct through fraudulent behavior (including acquiring points fraudulently), harassed staff or members of SurveyCow or mislead individuals about SurveyCow, they will be immediately banned from our Services. 

Rewards Programs

In connection with your use of the Services, you may have the opportunity to accumulate rewards and entries into prize draws or sweepstakes. Information, official rules, and terms and conditions for rewards and prize draws or sweepstakes may be available in these Terms, on the Website for a Panel, at the beginning or end of a survey, in survey invitations, on the website(s) or webpage(s) for redeeming rewards and prizes, and/or may be described in any newsletter or other communication distributed or published by SURVEYCOW. 

All points posted to a Panel member’s account expire one (1) year following posting, unless the points are forfeited or cancelled earlier due to membership or account inactivity or as otherwise set forth in these Terms.  Panel member accounts are not actual bank or financial accounts and do not accrue or accumulate interest of any kind. 

 

Points posted in connection with the Services do not constitute property of the Panel member, cannot be transferred during or after the Panel member’s life, by operation of law or otherwise, and have no value until presented by the Panel member for redemption in accordance with these Terms.

In the event that any points have been erroneously posted to a Panel member’s account, SURVEYCOW may remove them from the Panel member’s account.

Points will be deducted from the Panel member's account at the time the redemption request is made.

In order to redeem under SURVEYCOW’s reward program, the minimum threshold of points must be satisfied.  If you do not satisfy the foregoing threshold, or the going threshold displayed in the app at the time of redemption, you will not have a redemption option under SURVEYCOW’s rewards program.  

Users will receive a survey question each time they turn on their screen and will earn points each day by answering survey questions.   Points vary by type of question.  Balances are updated once daily.  The number of Beef points a user will earn will vary based in part on the number of questions answered, the accuracy of responses, the time required to answer questions and the quality of the candidate.  Various techniques are embedded in our algorithm which increase a user’s points each day.   Therefore, the more honestly the questions are answered the value of the user’s opinions will be more optimal.  The balance accrual rate and the moment at which it is accrued may change at the sole discretion of SurveyCow.  The balance accrual will not depend on the user clicking ads. 

Rewards may be redeemed by going to the settings page of the app and submitting rewards to the user’s Paypal email.  PayPal emails may not be changed after a request has been made, so it is important that the PayPal email is validated prior to submitting a request.  Users must contact PayPal at 1-888-221-1161 and verify that their account is in good standing prior to requesting a reward to the PayPal account.  PayPal transaction fees are on SurveyCow.  We reserve the right at any time to change our prices and billing methods upon notice.  Payment may not automatically go into your PayPal account.  After requesting your reward, you have 30 days to claim your funds.  On the expected payment day, an email will be sent from Paypal (will either go to your email inbox folder [e.g. joe@gmail.com] or to its corresponding spam folder).  You then need to click on the link to claim your funds.  Should the claim not exist, you need to contact PayPal and ensure that there are no locks on your account and you have already confirmed your email address with PayPal if you are a first time user of PayPal.  SurveyCow is not responsible for payments sent to invalid email addresses and will not resend funds if you do not claim your funds within this 30 day period – it is your responsibility to resolve all matters with your PayPal account and then to claim your funds within this time window.  SurveyCow will not resend funds to an alternate paypal email in the event that payment is rejected by PayPal.

 

Beef points remain the property of SurveyCow, not the user, at all times prior to the time that the user successfully redeems their Beef through the Services. A user that deletes the application may lose reward points after any period of inactivity.  We may elect to invalidate any Beef Points at our discretion and if we do so, you will no longer be able to redeem them.  Users have 30 days from the time that a payment is disbursed to claim such funds via PayPal.  Payment will not be re-issued at the negligence of the user.  Furthermore, SurveyCow is not responsible for re-sending payments in the event that an invalid PayPal email address was provided at the time of reward request.  

 

You may elect to uninstall SurveyCow at any time.  If you uninstall, your outstanding balance can be reclaimed should you choose to reinstall the App within 60 days.  If you reinstall after 60 days, SurveyCow will start your balance on equal ground with other new users and you will not be able to reclaim your previous balance.  If we terminate your SurveyCow Account and you fail to redeem your Beef when closing your account, or if at the time of closing the Beef Points in your Account are valued at less than ten dollars ($10.00), we may elect to invalidate those Points and you will no longer be able to redeem them.


SURVEYCOW may modify, alter, delete or add new terms and conditions for its rewards program or the Services at any time and without notice. For SURVEYCOW this includes, without limitation, modifying, altering, adding or deleting point values, redemption levels, conversion ratios, conditions for status, conditions for membership, and conditions for earning rewards. In addition, SURVEYCOW may terminate or cease offering any reward in connection with SURVEYCOW’s rewards program.  

You may not combine your points with points belonging to any other member, including, without limitation, any family member or friend.

SURVEYCOW make no representations or warranties of any kind, express or implied, regarding any product or service received in connection with SURVEYCOW’s rewards program, including, without limitation, any warranty of merchantability or fitness for a particular purpose. SURVEYCOW is not, and will not be, liable or responsible for the performance of, or for the failure of the performance of, any product or service for which points or rewards are redeemed for. In addition, SURVEYCOW is not and will not be responsible or liable for any cost, damage, accident, delay, injury, loss, expense, or inconvenience that may arise in connection with the use of, or defect in, any product or service for which points, or rewards are redeemed for.  SURVEYCOW will not replace any lost, stolen, misplaced, or damaged rewards.

YOU HEREBY EXPRESSLY ACKNOWLEDGE AND AGREE THAT THE POINTS OR REWARDS EARNED THROUGH THE SERVICES MAY BE SUBJECT TO TAX, WHICH IS THE SOLE RESPONSIBILITY OF THE PANEL MEMBER. SURVEYCOW may provide you and/or the appropriate government agency or taxing authority with information related to any payments or rewards you earn in connection with your use of SURVEYCOW's services. You agree to provide SURVEYCOW with all required information to assist SURVEYCOW in complying with its reporting or withholding obligations. SURVEYCOW may withhold any tax from any payment or reward as required by applicable law.

In addition to other rewards, SURVEYCOW may offer panelists the opportunity to receive entries into SURVEYCOW’s quarterly prize draw. In the event entries are offered, please see the Prize Draw Official Rules under our Terms and Conditions. The prize draw may not be available as an reward option for all panels or in all countries.

SURVEYCOW uses reasonable efforts to ensure that points are credited and debited appropriately; however, panelists should review their account to ensure that their account correctly identifies the posted Beef or points or rewards, and reflects all of the appropriate redemption transactions. If you feel that your account was not credited or debited correctly or reflects incorrect redemption transactions, please send an email to support@surveycow.co. Any email sent to SURVEYCOW should include the panelist's name, email address and specific information on the subject matter. SURVEYCOW will use reasonable efforts to investigate the matter and to respond back to the panelist promptly. SURVEYCOW's decision is final and binding. 

The suppliers or providers of the products or services offered in connection with SURVEYCOW’s rewards program, and/or the owners or operators of the website(s)/webpage(s) on which redemption transactions occur, may have their own terms and conditions; please review these terms and conditions carefully.

Personal information may have to be collected, processed, and/or disclosed in connection with SURVEYCOW’s rewards program and/or any request to redeem a reward. By agreeing to these Terms, you hereby agree to the collection, processing, and/or disclosure of your personal information for such purpose(s) and all such personal information shall be subject to the terms set forth in SURVEYCOW’s privacy policy. 

If a Panel member elects to donate points to one of the charities approved by SURVEYCOW, SURVEYCOW will donate said points to the selected charity.  Please note that the donation option is not available on every panel owned and/or operated by or on behalf of SURVEYCOW, please check the redemption options available for the panel to which you belong.

Exchange Rate.

SurveyCow pays users for completing survey questions.  The current exchange rate is 1000 Beef points = $1.00 (this may change based on exchange rate listed in the app when attempting redemption).

 

Referral Program.

Users may have the opportunity from time to time to increase their points beyond answering survey questions through the referral of new users.  Current users will be able to get individuals to install the SurveyCow application on their respective mobile devices.  Users must not be new to SurveyCow, be located in the regions where SurveyCow is available for distribution in Google Play and not be fake.   Current point distributions and exchange rates will be displayed within the app.  SurveyCow will be quick to ban users who are attempting to increase their Beef points through fraudulent means.

 

Promotions.

SurveyCow reserves the right to discontinue a promotion at any time and for any reason.  Violations or abuse of promotion rules by an individual(s) may lead to the discontinuation of said promotion and/or banning of said user(s) from rejoining SurveyCow and/or recouping any amount attributable to the user.  Furthermore when the promotion no longer is present on the settings page of the application the promotion is no longer valid as of the effective day of its removal.  Users are responsible for viewing these pages daily for updates.  Users may not request more than 500,000 reward points or dollars per annum for any and all promotion(s).  Furthermore the balance accrued during the calendar year for such promotion(s) may only be requested in that particular year.  If a user wishes to be an agent (independent contractor) that further wishes to take advantage of promotional offers must do so by contacting SurveyCow, getting written permission through appropriate tax and legal documentation, provided by SurveyCow, in order to proceed. 

 

Profile Updates.

Panel members agree to promptly notify SURVEYCOW of any changes in or to information contained in their member profile. Panel members agree to review and update, as necessary, membership profiles no less frequently than once every six (6) months. A Panel member may update, correct, and/or delete information contained in his or her membership profiles by: (i) accessing his or her Panel membership account; or (ii) sending an email to the appropriate Panel member services team for the appropriate Panel.

Opt-Out Policy.

 Panel members may opt-out from using the Services (including, without limitation, from receiving newsletters or communications), at any time, by: (i) following the unsubscribe procedures described on the applicable Website(s) or contained in any email received from SURVEYCOW; or (ii) by simply uninstalling the application from the user’s mobile device.  Please see SURVEYCOW’s Privacy Policy for information on how SURVEYCOW handles information and data following an unsubscribe, termination, or opt-out request (“SURVEYCOW’s Privacy Policy”).

Links.

In connection with your use of the Services, you may be able to voluntarily link or connect to websites maintained and/or operated by third parties (“Third Party Websites”). SURVEYCOW does not endorse any Third Party Website nor any products, services, and/or opportunities advertised, offered and/or sold by, through or in connection with any Third Party Website (“Third Party Information”). SURVEYCOW does not make any representations or warranties regarding the Third Party Websites and/or the Third Party Information. Please carefully review all policies and terms applicable to the Third Party Websites and the Third Party Information.  

Third Party Sites & Ads. The Services, including the App, may contain Advertisements and contain links to third party websites and services (collectively, “Advertisements and Third Party Sites”). Such Advertisements and Third Party Sites are not under the control of SURVEYCOW and SURVEYCOW is not responsible for any Advertisements, Third Party Sites or any products or services promoted in or on the Advertisements and Third Party Sites. SURVEYCOW provides these Advertisements and access to Third Party Sites only as a convenience and does not warrant or make any representations with respect to the Advertisements and Third Party Sites. You use all the Advertisements and Third Party Sites, and the products and services promoted in or on the Advertisements and Third Party Sites at your own risk. When you link to a Third Party Site, the applicable third party’s terms and policies apply, including the third party’s privacy and data gathering practices. You should make whatever investigation you feel necessary or appropriate before proceeding with any transaction in connection with such Advertisements and Third Party Sites.

Communications with SURVEYCOW.

All communications (excluding personal information) and User Content submitted or transmitted by You to SURVEYCOW, by electronic mail or otherwise, shall be treated as non-confidential and non-proprietary information. You agree that any such communications and User Content may be used by SURVEYCOW for any legal reason.

Privacy.

SURVEYCOW takes your privacy very seriously. For information about SURVEYCOW’s privacy practices, please review SURVEYCOW’s Privacy Policy

Disclaimer.       

THE SERVICES, INCLUDING ALL INFORMATION, SURVEYS, CONTENT, MATERIAL, COMMENTARY AND SERVICES MADE AVAILABLE ON, OR THROUGH, THE SERVICES, ARE PROVIDED “AS IS”. SURVEYCOW DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER IN CONNECTION WITH ANY INFORMATION, CONTENT, MATERIAL, COMMENTARY, SURVEYS, PRODUCTS, OR SERVICES MADE AVAILABLE ON, OR THROUGH, THE SERVICES, INCLUDING, WITHOUT LIMITATION, ANY USER CONTENT. FURTHER, SURVEYCOW HEREBY DISCLAIMS ANY AND ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE. SURVEYCOW DOES NOT WARRANT THAT THE TOOLS, TECHNOLOGY, OR FUNCTIONS CONTAINED IN THE SERVICES OR ANY CONTENT, MATERIAL, COMMENTARY, INFORMATION AND/OR SERVICES CONTAINED THEREIN, WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, THAT THE SYSTEMS OR THE SERVER(S) THAT SUPPORT THE SERVICES AND MAKE THE SERVICES AVAILABLE WILL BE CORRECTED, OR THAT THE SERVICES AND/OR THE SYSTEMS AND/OR THE SERVER(S) THAT SUPPORT THE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. SURVEYCOW DOES NOT PROVIDE ACCESS OR CONNECTION TO THE INTERNET AND IS NOT AND SHALL NOT BE RESPONSIBLE OR LIABLE FOR THE ACTIONS OR OMISSIONS OF THIRD PARTIES THAT INTERFERE WITH, LIMIT, RESTRICT, OR PREVENT ACCESS OR CONNECTION TO, OR USE OF, THE SERVICES.

ARBITRATION AGREEMENT AND JURY TRIAL WAIVER, CLASS ACTION WAIVER, AND FORUM SELECTION CLAUSE

Any and all controversies, disputes, demands, counts, claims, or causes of action (including the interpretation and scope of this clause, and the arbitrability of the controversy, dispute, demand, count, claim, or cause of action) between you and Company. or Company’s employees, agents, successors, or assigns, will exclusively be settled through binding and confidential arbitration.

Arbitration will be subject to the Federal Arbitration Act and not any state arbitration law. The arbitration will be conducted before one commercial arbitrator with substantial experience in resolving commercial contract disputes from the American Arbitration Association (“AAA”). As modified by this Agreement, and unless otherwise agreed upon by the parties in writing, the arbitration will be governed by the AAA’s Commercial Arbitration Rules and, if the arbitrator deems them applicable, the Supplementary Procedures for Consumer Related Disputes (collectively “Rules and Procedures”).

You are thus GIVING UP YOUR RIGHT TO GO TO COURT to assert or defend your rights EXCEPT for matters that may be taken to small claims court. Your rights will be determined by a NEUTRAL ARBITRATOR and NOT a judge or jury. You are entitled to a FAIR HEARING, BUT the arbitration procedures are SIMPLER AND MORE LIMITED THAN RULES APPLICABLE IN COURT. Arbitrator decisions are as enforceable as any court order and are subject to VERY LIMITED REVIEW BY A COURT.

You and the COMPANY.must abide by the following rules: (a) ANY CLAIMS BROUGHT BY YOU OR the COMPANY. MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING; (b) THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS, MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING, AND MAY NOT AWARD CLASS-WIDE RELIEF, (c) in the event that you are able to demonstrate that the costs of arbitration will be prohibitive as compared to costs of litigation, COMPANY. will pay as much of your filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive as compared to the cost of litigation, (d) COMPANY. also reserves the right in its sole and exclusive discretion to assume responsibility for all of the costs of the arbitration; (e) the arbitrator will honor claims of privilege and privacy recognized at law; (f) the arbitration will be confidential, and neither you nor we may disclose the existence, content or results of any arbitration, except as may be required by law or for purposes of enforcement of the arbitration award; (g) the arbitrator may award any individual relief or individual remedies that are permitted by applicable law; and (h) each side pays its own attorneys’ fees and expenses unless there is a statutory provision that requires the prevailing party to be paid its fees’ and litigation expenses, and then in such instance, the fees and costs awarded will be determined by the applicable law.

Notwithstanding the foregoing, either You or the COMPANY. may bring an individual action in small claims court. Further, claims of defamation, violation of the Computer Fraud and Abuse Act, and infringement or misappropriation of the other party’s patent, copyright, trademark, or trade secret will not be subject to this arbitration agreement. Such claims will be exclusively brought in the state or federal courts located in Delaware County, Pennsylvania. Additionally, notwithstanding this agreement to arbitrate, either party may seek emergency equitable relief before the state or federal courts located in Delaware County, Pennsylvania in order to maintain the status quo pending arbitration, and hereby agree to submit to the exclusive personal jurisdiction of the courts located within Delaware County, Pennsylvania for such purpose. A request for interim measures will not be deemed a waiver of the right to arbitrate.

With the exception of subparts (a) and (b) in the paragraph above (prohibiting arbitration on a class or collective basis), if any part of this arbitration provision is deemed to be invalid, unenforceable or illegal, or otherwise conflicts with the Rules and Procedures, then the balance of this arbitration provision will remain in effect and will be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, either subpart (a) or (b) is found to be invalid, unenforceable or illegal, then the entirety of this arbitration provision will be null and void, and neither You nor the COMPANY will be entitled to arbitration. If for any reason a claim proceeds in court rather than in arbitration, the dispute will be exclusively brought in state or federal court in DelawareCounty, Pennsylvania.

For more information on AAA, its Rules and Procedures, and how to file an arbitration claim, you may call AAA at 800-778-7879 or visit the AAA website at http://www.adr.org.

 

Changes.

SURVEYCOW hereby reserves the right, in SURVEYCOW’s sole discretion, to make changes to these Terms. SURVEYCOW encourages you to review these Terms on an ongoing basis.  Your continued use of, access to, and/or participation in the Services does and will constitute your acceptance of these Terms as amended.

Indemnification.

You agree to indemnify, defend, and hold harmless SURVEYCOW and its parent, affiliated, and subsidiary companies (a d m e, l.l.c. or “Company”) and its and their respective members, managers, shareholders, directors, officers, employees, and agents from and against any and all claims, liabilities, losses, judgments, awards, fines, penalties and costs and/or expenses of any kind, including, without limitation, reasonable attorneys’ fees and court costs, arising out of, resulting from, or caused by, whether directly or indirectly,: (i) your breach or violation of these Terms; and/or (ii) your use of, participation in, and/or access to the Services.

Limitations of Liability.

EXCEPT TO THE EXTENT PROHIBITED BY APPLICABLE LAWS, YOU ACKNOWLEDGE AND AGREE THAT IN NO EVENT WILL SURVEYCOW BE LIABLE, OR OTHERWISE RESPONSIBLE, TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL AND/OR PUNITIVE DAMAGES, FOR ANY REASON(S) OR FOR ANY CAUSE(S), REGARDLESS OF WHETHER SURVEYCOW IS INFORMED OF THE POSSIBILITY THE SUCH DAMAGES MAY EXIST. 

ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO USE OF THE SERVICES AND/OR THESE TERMS MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE.

Compliance with Applicable Laws.

You acknowledge and agree that you will comply with all applicable international, national, Federal, state, and/or local laws, codes, regulations, rules and/or requirements (“Applicable Laws”) regarding your use of, participation, in, and/or access to the Services. 

Suspension; Termination; De-Activation of Membership Accounts.

Either party may terminate your membership with a Panel at any time, with or without cause, for any reason, and without liability for the termination. 

In addition to any and all other available remedies, SURVEYCOW may, without notice, suspend and/or terminate your use of, access to, and/or participation in the Services if you are in breach or violation of these Terms. If SURVEYCOW terminates your membership due to your breach or violation of these Terms: (i) you forfeit all rights, title, and interest in and/or to all unredeemed rewards and/or prizes, effective immediately upon termination; (ii) your membership will immediately be canceled; and (iii) your access to, participation in, and use of the Services (including, without limitation, the participation in survey projects) will immediately cease. 


In the event that a non-Panel member breaches or otherwise violates these Terms, such non-Panel member hereby agrees that: (a) all rights, title, and interest in and/or to all unredeemed rewards and/or prizes (if any), will be forfeit effective immediately upon termination; and (b) access to, use of, and participation in the Services will immediately cease. 

In addition, SURVEYCOW reserves the right to de-activate your Panel membership account: (a) if your membership account does not remain Active (as defined herein); (b) if SURVEYCOW receives a hard bounce or delivery failure notice in regards to email communications sent by SURVEYCOW to your email account; or (c) if SURVEYCOW receives a “mailbox full” reply notice three (3) times in regards to email communications sent by SURVEYCOW to your email account. For the purpose of these Terms, “Active” means that you: (i) participate in a survey, at least, once every six (6) months; or (ii) update your profile or member information, at least, once every six (6) months (Panel activity is separate from app activity which is described further in this agreement).

In the event of deactivation, termination by you, or termination by SURVEYCOW (other than for your breach or violation of these Terms), SURVEYCOW shall maintain a record of the posted, unredeemed rewards, and/or prizes and shall allow you to redeem such rewards and/or prizes for a period of thirty (30) days following the effective date of the termination or deactivation of your account.

 

SURVEYCOW Employee.

Restriction. SURVEYCOW employees and their Immediate Family Member(s) (as defined herein) are not eligible to receive any payments, prizes, or rewards for using, participating in, or accessing the Services. For the purpose of this Section 20, the term “Immediate Family Member(s)” includes parents, spouses, children or significant others (i.e. girlfriends/boyfriends, domestic partners, and spousal equivalents). 

Procedures. SURVEYCOW’s employees may use, access, or participate in the Services, only after receiving written permission from their respective manager, and only for the sole purpose of improving SURVEYCOW’s products and/or services. SURVEYCOW’s employees must always be honest and report accurate information in connection with using, accessing, or participating in the Services. If altered, false, or untrue information or data must be used, prior consent and approval must be received from SURVEYCOW’s Chief Executive Officer. 

Improper Conduct. Unless authorized pursuant to these Terms or otherwise approved in writing by SURVEYCOW’s Chief Executive Officer, the violation of the terms of this Section 20 by an SURVEYCOW employee and/or its Immediate Family Member(s) is a violation of SURVEYCOW’s standards of conduct and any such violation may subject the employee to discipline, including, without limitation, termination of employment. 

Notices.

Notice From SURVEYCOW to You. Except as otherwise required by Applicable Laws, you agree that SURVEYCOW may provide  notices to you: (i) via the e-mail address provided by you to SURVEYCOW (in which case notice shall be effective one (1) day following the date the e-mail was sent, provided that SURVEYCOW did not receive an error message stating that delivery of the e-mail was delayed, that the e-mail address was invalid, or that the e-mail otherwise could not be delivered); (ii) by certified mail, return receipt requested, postage prepaid addressed to the address provided by you to SURVEYCOW (in which case notice shall be effective six (6) days following deposit in mail); or (iii) by posting notices on the applicable Website(s). You agree to check the applicable Website(s) frequently for notices and to keep your personal information up-to-date.  Legal Notice. All questions regarding these Terms and all legal notices should be sent, in accordance with Section 21.A. of these Terms, to:  help@survey.co;  RE: Terms

 

Severability.

If any term or provision of these Terms shall be held or declared to be invalid or unenforceable for any reason by any court of competent jurisdiction, such term or provision shall be deemed null and void and shall not affect the application and/or interpretation of these Terms. The remaining terms or provisions of these Terms shall continue in full force and effect, as if the invalid or unenforceable term or provision was not a part of these Terms. 

Governing Laws; Jurisdiction and Venue.

These Terms and your access to, use of, or participation in the Services shall be governed by and construed in accordance with the laws of the state of Pennsylvania, USA, without regard to any portion of any choice of law principles (whether those of Pennsylvania or any other jurisdiction) that might provide for application of a different jurisdiction’s laws. All claims or disputes arising in connection with these Terms and/or your access to, use of, or participation in the Services, shall be subject to the exclusive jurisdiction of the state or Federal courts located in Delaware County, Pennsylvania, USA. 

Miscellaneous Terms.

The headings contained in these Terms are for reference only and shall have no effect on the interpretation and/or application of these Terms. SURVEYCOW’s failure to enforce a breach by you of these Terms shall not waive or release you from such breach and shall not waive, release or prevent SURVEYCOW from enforcing any subsequent breach by you of these Terms. These Terms, any rules, terms or policies referenced herein or incorporated herein, and any Panel specific requirements, represent the entire understanding and agreement between SURVEYCOW and you with respect to the subject matter hereof.

 

Copyright/Trademark Information.

Copyright © 2016 by the Company. All rights reserved. All trademarks, logos and service marks (“Copyright © 2016 by the Company) All rights reserved. All trademarks, logos and service marks (“Marks”) displayed on the Site are our property or the property of other third parties. You are not permitted to use these Marks without our prior written consent or the consent of such third party which may own the Marks.”) displayed on the Site are our property or the property of other third parties. You are not permitted to use these Marks without our prior written consent or the consent of such third party which may own the Marks.

 

Entire Agreement.

This Agreement constitutes the entire agreement between you and us regarding the use of the Site, App, and Services. Our failure to exercise or enforce any right or provision of this Agreement will not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. The word including means including without limitation. If any provision of this Agreement is, for any reason, held to be invalid or unenforceable, the other provisions of this Agreement will be unimpaired and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law. Your relationship to SurveyCow is that of an independent contractor, and neither party is an agent or partner of the other. This Agreement, and your rights and obligations herein, may not be assigned, subcontracted, delegated, or otherwise transferred by you without SurveyCow’s prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void. The terms of this Agreement will be binding upon assignees.