Last Modified 8/23/2012
We hope that you enjoy your membership with Bizpinion.com. Participation with us is subject to the terms and conditions established in this User Agreement ("Agreement"). We suggest that you review this User Agreement to make sure that you understand the terms and conditions of your membership with Bizpinion. If you have questions about this Agreement, please review our Frequently Asked Questions (FAQ's) or contact us at Contact@bizpinion.com.
The terms and conditions established in this User Agreement govern your membership in any of EMpanel Online's ("EOL") panels and websites, including but without limitation the EMpanel Online (www.empanelonline.com) and Bizpinion (www.bizpinion.com) web sites, Bizpinion Panel ("Bizpinion"), any sub-panel(s) of Bizpinion and/or any other panel(s) created, maintained and/or operated by EOL and/or its affiliates, subsidiaries and/or divisions (collectively referred to herein as "EOL", "Site", "we", "us" or "our"). Bizpinion is a service provided by EMpanel Online a leader in market research. This Agreement constitutes a legally binding contract between the user ("you") and EOL which you must read and agree to in order to complete the registration process. By clicking the "I Agree" button on the Site's signup page, you signify your agreement to our terms and conditions.
Membership is always free and voluntary. We reserve the right to change, modify, add or remove portions of this Agreement, at any time and at our sole discretion. When we do, we will also revise the "last modified" date at the top of this Agreement so you know the Agreement has changed. Previous or continued use of this site after changes or modifications to any terms constitutes the acceptance of the revised terms and conditions defined in this User Agreement.
Bizpinion reserves the right to: (i) refuse or reject an individual for Panel membership; (ii) terminate Panel membership with or without cause; (iii) limit, restrict, or prohibit an individual's use of, and/or access to, any Website(s); (iv) limit, restrict, or prohibit an individual's participation in any Survey(s); and (v) limit, restrict, or prohibit your receipt of or access to Incentives; at any time, in its sole discretion.
If you wish to terminate your membership with Bizpinion at any time, you may do so by logging into your account and selecting "Cancel Account". You may also send an email to CancelAccount@bizpinion.com from the email address associated with your membership stating your intent to terminate your membership.
By being a member of any EOL panel and participating in market research studies, you agree to protect the integrity and confidentiality of any information you view as part of taking surveys for EOL. This includes, but is not limited to, your Agreement not to copy or distribute any graphics, video or other content found in surveys. Members also agree not to forward any survey invitations to any third parties. You are solely responsible for the security of your username and password and you will be solely liable and responsible for any use or unauthorized use of your account.
Bizpinion is not intended for or directed to persons under the age of 18. By clicking "I Agree" at the end of this Agreement, you represent and warrant to Bizpinion that you are 18 years of age or older. Bizpinion only allows 1 (one) membership per household. Please ensure you comply with both of these requirements. Also, those previous participants whose membership has been de-activated by Bizpinion for any reason are not allowed to re-join the panel.
During the enrollment process you are given the opportunity to register for participation in market research opportunities in addition to online surveys. You will only be contacted for market research opportunities that you have registered for. If you receive any requests for market research opportunities that you have not registered for, please first verify your selections in "My Account" and submit a Support Ticket, or email us at Contact@bizpinion.com.
EOL employees and their Immediate Family Member(s) (as defined herein) of the same residence are not eligible to receive any payments, prizes or incentives for taking a survey(s) offered, provided, hosted or administered by EOL. Immediate Family Member(s) includes parents, spouses, children or significant others (e.g. girlfriends/boyfriends, domestic partners, and spousal equivalents). A reference to members of the same residence shall include anyone who resides in the same household as a member, including without limitation any roommate(s).
Any services provided to you by EOL are as independent contractors, and no agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship is intended or created by this Agreement.
To register for membership with Bizpinion, you must provide all required information in our enrollment process.
Only one Member account per person may be submitted. Original account and any subsequent accounts established by a person using the same or different email account addresses may be void, at Bizpinion's discretion. Bizpinion reserves the right to terminate all accounts for any person found to have more than one account and void all associated incentives. Registration is required to be eligible to participate. After completing the initial required enrollment survey, you will receive an email confirming your desire to participate. By clicking on the link within this e-mail, you will complete the registration process and become a member of Bizpinion.
Your eligibility to participate will vary depending on the requirements and objectives provided by Bizpinion's clients. Bizpinion will review the information provided by its members during the enrollment process as well as any subsequent profiling to select those members who meet the criteria and/or profile required for the specific study it is conducting. For example, a survey may require participants who are of a specific age, income, profession, or culture. If you do not fall into the specific category of individuals required by the survey, you will not be selected to participate. You hereby understand and agree that Bizpinion has no obligation to provide you with market research opportunities or to allow you to participate.
You are prohibited from using spiders, robots or other automated data mining techniques to catalog, download, store or otherwise reproduce or distribute content available on a Website or to manipulate the results of any panel, poll, survey or prize draws on Website. You are prohibited from taking any action to interfere with a Website or any other individual's use of a Website, including, without limitation, via means of overloading, "flooding", "mail bombing" or "crashing" a Website. You are prohibited from sending unsolicited email, including promotions and/or advertising of products or services, through a Website or forge or mask your true identity in any email or posting. You are prohibited from framing portions of a Website within another website or altering the appearance of a Website. You are prohibited from establishing links from any other website to any page of a Website without the express written permission of Bizpinion, and in no event shall links to any page other than the home page be established. You are prohibited from posting or transmitting any threatening, libelous, defamatory, obscene, scandalous, or inflammatory material or any material that could otherwise violate any law. You are prohibited from intentionally or willfully submitting falsified data and from committing any other fraudulent act(s) in connection with use of the panel or survey system. You are prohibited from encouraging, coaching, and/or advising any individual, including without limitation any EOL employee, to commit any act(s) prohibited hereunder. You acknowledge and agree that Bizpinion will fully cooperate with any law enforcement authorities or court order, within the limits of all applicable laws, requesting or directing Bizpinion to disclose or reveal the identity of anyone posting any such information or materials or using a Website or the Websites in violation of these terms and conditions.
To the extent that this Site may contain bulletin boards, chat rooms, or other message or communication facilities, you agree to use such forums only to send and receive messages and materials that are proper and related to the particular forum. For example, and not as a limitation, you agree that when using a forum, you will not post or otherwise disseminate on or through this Site harassing, defamatory, libelous, tortious, offensive, threatening, obscene or otherwise unlawful communications or materials of any kind, or materials which infringe or violate any third party's copyright, trademark, trade secrets, privacy or other proprietary or property right or that could constitute a criminal offence, give rise to civil liability or otherwise violate any applicable law. Bizpinion does not have any obligation to monitor the content of its bulletin boards, chat rooms, or other message or communication facilities. However, Bizpinion reserves the right at all times to disclose any information as necessary to satisfy any law, regulation or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, that in Bizpinion's sole discretion are objectionable or in violation of these terms and conditions of Use.
By agreeing to this Agreement and registering with Bizpinion, you agree to receive e-mails from Bizpinion inviting you to participate in or providing you with information about market research opportunities. You do not have to participate in every study. If at any time you decide that you no longer want to participate in our market research opportunities, you may unsubscribe by clicking on the "Cancel Account" link in any e-mail invitation you receive from Bizpinion.com or Site or emailing CancelAccount@bizpinion.com from the email address associated with your Bizpinion membership.
Bizpinion will not intentionally Spam you and conforms to all requirements set forth by the CAN-SPAM Act. If you encounter potential Spam activity (any unauthorized or unwanted emails) from Bizpinion, please contact us immediately at Contact@bizpinion.com.
Members are responsible for all taxes due as a result of payments they receive from Bizpinion for participation in market research studies. Bizpinion is required by law to issue an IRS form 1099 to any US member paid $600.00 or more annually for participation in market research studies.
Incentives are provided for full participation in most Bizpinion market research studies. Payments for completing online studies are only made if the member is in good standing and the information provided is authenticate, relevant to the study and meets any criteria established by Bizpinion or its clients. You must complete the reward processing in the "Claim Rewards" section of this Site in order to receive rewards for the points you have earned. Please note that in order to request a redemption, you must have the minimum balance of points required for the specific redemption. If a Member does not participate during a 3 month period, Bizpinion may elect, in its sole discretion, to terminate his/her membership without notice and all outstanding points may be forfeited. Bizpinion is not responsible for any delays in any redemption selected.
Compensation for some market research studies, such as a telephone interview or in-person focus group, will be paid via check and sent to the address included in your Membership Profile within 8 weeks of the date the study was completed. Bizpinion is not responsible for delays in reporting cash credit or your failure to receive any cash payment.
Limitation of Liability
EOL shall in no event be liable for the loss of profits, goodwill or other special or consequential damages suffered by the members of EOL's panels, clients, or others as a result of EOL's performance or non-performance under this Agreement whether or not the possibility of such damages was disclosed to EOL or could have been reasonably foreseen by EOL.
EOL is neither responsible nor liable for any damages, whether direct, indirect, incidental, special or consequential, or losses that result from participation in EOL, or reliance on or use of information, services, or merchandise provided on or through EOL Points/Reward Points except where such liability is mandated by law.
You further acknowledge EOL neither endorses the contents of advertisements or partner website's, nor assumes responsibility or liability for the accuracy of material contained therein, or any infringement of third party intellectual property rights arising there from, or any fraud or other crime facilitated thereby.
You accept all responsibility for, and hereby indemnify and hold harmless EOL from and against, any actions taken by any user authorized to use your account, including but not limited to accumulation of EOL Points/Reward Points, redemption of EOL Points/Reward Points, and disclosure of passwords to third parties. By using Bizpinion or an EOL Panel/Site you release EOL and its agents from any and all liability regarding the redemption of EOL Points/Reward Points, use of merchandise, or other participation in EOL Points/Reward Points programs.
You further agree to indemnify and hold EOL, its agents, affiliates, officers, and employees harmless from any claim, demand, expense or damage, including reasonable attorneys' fees relating to use of Bizpinion or other EOL panel, EOL Points/Reward Points and intentional or implied abuse or violation of this Agreement.
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EOL's failure to enforce any right or provision in this Agreement shall not constitute a waiver of such right or provision or of any other rights or provisions in this Agreement. If a court should find that one or more rights or provisions set forth in this Agreement are invalid, you agree that the remainder of this Agreement shall be enforceable and that the invalid provision shall be enforceable to the fullest extent permitted by law.
THE WEBSITES, INCLUDING ALL INFORMATION, CONTENT, MATERIALS OR SERVICES MADE AVAILABLE ON, OR ACCESSED THROUGH, THE WEBSITES, ARE PROVIDED "AS IS". TO THE FULLEST EXTENT PERMISSIBLE BY LAW, EOL DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER IN CONNECTION WITH ANY CONTENT ON THE WEBSITES. FURTHER, EOL HEREBY DISCLAIMS ANY AND ALL EXPRESS OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATIONS, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. EOL DOES NOT WARRANT THAT THE TOOLS OR FUNCTIONS CONTAINED IN THE WEBSITES OR ANY INFORMATION, CONTENT OR MATERIAL CONTAINED THEREIN, WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, THAT THE SYSTEMS OR THE SERVER(S) THAT SUPPORT THE WEBSITES AND MAKE THE WEBSITES AVAILABLE WILL BE CORRECTED, OR THAT THE SYSTEMS OR THE SERVER(S) THAT SUPPORT THE WEBSITES AND MAKE THE WEBSITES AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
In the event that another company acquires some or all of the assets related to the EOL, Bizpinion or other Website(s), or if we experience some other change of control event such as insolvency, merger, bankruptcy or receivership, we reserve the right to include any or all Personal Information among the assets transferred to the acquiring company. EOL will commit the surviving entity in the case of a merger, or the acquiring entity in the case of an acquisition or sale, to agree in writing to protect and maintain the security and integrity of the transferred Personal Information in accordance with any applicable laws. Any entity receiving such information in connection with any of these transactions must comply with all the terms of this Policy, unless advanced notice has been provided to panel members.
EOL may assign its rights or obligations under this User Agreement at any time without your notice or consent.
This Agreement is governed by the laws of the State of Georgia, except for its choice of law provisions, and the laws of the United States. The parties consent to jurisdiction and venue in the courts of Hall County, State of Georgia or the United States Federal District Court located in Gainesville, Georgia. The parties further agree not to disturb such choice of forum, and if not resident in Hall County Georgia , waive the personal service of any and all process upon them, and consent such service of process may be made by certified or registered mail, return receipt requested, addressed to the parties as set forth herein.
If any provision of these terms and conditions shall be held or declared to be invalid or unenforceable for any reason by any court of competent jurisdiction, such provision shall be deemed null and void and shall not affect the application and/or interpretation of these terms and conditions. The remaining provisions of these terms and conditions shall continue in full force and effect, as if the invalid or unenforceable provision was not a part of these terms and conditions.