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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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”).
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.