Terms and Conditions

Please read this Member Agreement carefully before accessing or using The Consumer Opinion Program. By accessing or using The Consumer Opinion Program, you agree to be bound by the terms and conditions set forth below, as if you had actually signed them.

If you do not agree to the terms and conditions set forth below, you may not use The Consumer Opinion Program.

Section 1) Eligibility

a. Member must be eighteen (18) years of age or older to be eligible to join The Consumer Opinion Program.

b. The Consumer Opinion Program is limited to one (1) account per individual, even if the individual has multiple e-mail addresses.

c. The Consumer Opinion Program is limited to individuals only; corporations or other business entities may not become Members.

d. Employees of The Consumer Opinion, its subsidiaries, affiliate(s) and related parties, and members of their household are not permitted to redeem instant gifts or Opinion Points ("Opinion Points").

e. Automated services, scripts, or other machines are not eligible.

Section 2) Member Registration Obligations

a. Equipment. In order to access and use The Consumer Opinion Program, it is required that Members have access to computer equipment and Internet connection. The Member must provide, at the Member's own expense, all equipment, all services (including, where applicable, telephone service) and all related third-party service fees (such as ISP charges) necessary to access The Consumer Opinion Program and any future enhancements or additional services.

b. Registration Data. In consideration of use of The Consumer Opinion Program, Member agrees to provide to The Consumer Opinion true, accurate, current, and complete information as prompted by this website's online registration form (the "Registration Data") and agrees to maintain and promptly update the Registration Data as necessary in order to keep it true, accurate, current, and complete. If Member provides any information that is untrue, inaccurate, not current, or incomplete, The Consumer Opinion may suspend or, in the event of a material breach of this Member Agreement, terminate Member's account immediately and may refuse Member all current or future use of The Consumer Opinion Program.

Section 3) Password & Account Access

a. Member's Password Account Access Rights & Responsibilities

i. In order to prevent unauthorized activity or access to The Consumer Opinion Program, Member must give The Consumer Opinion Program his/her e-mail address and selected password in order to update Member profile information, update personal information (name, e-mail address, etc.) and redeem Opinion Points.

ii. For security purposes, Member is advised to memorize, and not to write down, his/her password.

iii. Member is responsible for keeping his/her e-mail address and password confidential, and is solely responsible for all activities that occur under Member's e-mail address and password, including all unauthorized activities.

iv. Member agrees to (a) immediately notify The Consumer Opinion of any unauthorized use of Member's e-mail address and password or any other breach of security related to this website or The Consumer Opinion Program, and (b) ensure that Member logs out from Member's account at the end of each session.

v. Member agrees to abide by all applicable laws and regulations with respect to Member's account.

b. The Consumer Opinionís Password & Account Access Rights & Responsibilities

i. The Consumer Opinion will encrypt Member's password on the database.

ii. The Consumer Opinion is entitled to act on instructions received under Member's password and e-mail address.

iii. The Consumer Opinion cannot and will not be liable for any credits or debits made to Member's account by another individual who uses Member's password, or for any loss or damage arising from Member's failure to adequately safeguard Member's e-mail address and/or password, provided that such results are not attributable to a failure of The Consumer Opinion, including but not limited to The Consumer Opinion's fraud or gross negligence.

Section 4) Value of Opinion Points

a. Opinion Points have no monetary value and may not be redeemed for cash.

b. Opinion Points are not transferable:

i. It may not be auctioned, traded, bartered or sold.

ii. It is not transferable...
1. ...upon death.
2. ...by gift.
3. ...as part of a domestic relations matter.
4. ...or otherwise, except by operation of law.

c. The Consumer Opinion Member accounts may not be merged under any circumstances.

d. The Consumer Opinion Member accounts are not transferable...

i. They may not be auctioned, traded, bartered or sold.

ii. They are not transferable...
1. ...upon death.
2. ...by gift.
3. ...as part of a domestic relations matter.
4. ...or otherwise, except by operation of law.

Section 5) Earning Opinion Points

a. Member agrees to receive invitations to answer online studies from The Consumer Opinion, its third-party clients ("Clients"), its third-party sponsors ("Sponsors"), its third-party marketing and panel partners ("Partners") via electronic mail, the Internet and direct (physical) mail.

b. Members can earn Opinion Points each time Member responds to an invitation to participate in a market research study.

i. The amount of Opinion Points that can be earned will be stipulated in each invitation.

ii. Member acknowledges that he/she may not be eligible to receive invitations to certain studies.

c. On occasion, The Consumer Opinion may allow Member to earn additional Opinion Points via special earning opportunities.

i. The amount of Opinion Points offered for special earning opportunities will be stipulated in each special earning opportunity announcement.

ii. Member must comply with the terms of each special earning opportunity to earn any such additional Opinion Points.

d. Member acknowledges that he/she may not be eligible to receive certain earning opportunities.

Section 6) Participation in Studies

a. Member's Participation in The Consumer Opinion, Client, Sponsor or Partner Studies Rights & Responsibilities

i. Member's participation in The Consumer Opinion studies is solely at Member's discretion. The Consumer Opinion will not be in any way responsible for personally identifiable information that Member may voluntarily share with Client, Sponsor or Partner in the course of answering a study.

ii. Member is responsible for complying with any rules or terms set forth by Client, Sponsor or Partner which Member is informed of in advance.

b. The Consumer Opinion's Participation in Client, Sponsor or Partner Studies Rights & Responsibilities

i. The Consumer Opinion assumes no liability, obligation or responsibility for, and makes no warranty with respect to, any content provided by The Consumer Opinion's Clients, Sponsors or Partners, or any part thereof.

ii. The Consumer Opinion assumes no liability, obligation, or responsibility for the maintenance of privacy of any personal information given by Member directly to Client, Sponsor or Partner.

iii. Member agrees that The Consumer Opinion shall not be responsible or liable for any loss or damage of any sort incurred as the result of any dealings between Member and Clients, Sponsors or Partners, or as the result of the presence of such Clients, Sponsors or Partners?websites on this website or via The Consumer Opinion Program.

iv. The limitations and exclusions above in Section 6b (i.) and (ii.) shall be subject to local law considerations.

Section 7) Redeeming Opinion Points

a. Once Member has accrued the minimum amount of Opinion Points required to make redemption ("threshold level"), Member may redeem his/her accrued Opinion Points for rewards ("Rewards") as outlined in The Consumer Opinion's then-current standard Redeem Opinion Points chart.

b. The Rewards represented on the chart, and the threshold level, are subject to change by The Consumer Opinion at any time and without prior notice.

c. Member may redeem Opinion Points on the "Rewards" section of this website.

d. Member redemptions for Rewards offered by The Consumer Opinion Sponsors and Reward Partners are limited. Members may view Reward redemption rules on The Consumer Opinion website.

e. The Consumer Opinion assumes no liability, obligation or responsibility for, and makes no warranty with respect to, any damages resulting from the usage of any Rewards provided by The Consumer Opinion's Sponsors or reward partners ("Reward Partners"), or any part thereof, said Rewards (goods or services) being subject to The Consumer Opinion's Sponsors and Reward Partners terms and conditions.

i. The Consumer Opinion assumes no liability, obligation, or responsibility for the transactions between Member and Sponsor or Reward Partner, including but not limited to:

1. Fulfillment and timeliness of delivery of Sponsor or Reward Partner goods or services.

2. Security associated with credit card or other transactions directly initiated by Member with Sponsor or Reward Partner.

3. Maintenance of privacy of any personal information given by Member directly to Sponsor or Reward Partner.

ii. Member agrees that The Consumer Opinion shall not be responsible or liable for any loss or damage of any sort incurred as the result of any dealings between Member and Sponsors or Reward Partners, or as the result of the presence of such Sponsors or Reward Partners on this website or via The Consumer Opinion Program. By way of example, The Consumer Opinion shall not be responsible if Member does not receive the Reward chosen when Member redeems Opinion Points; if Member is dissatisfied with the Reward chosen; if a Sponsor or Reward Partner ceases business operations or is otherwise unable to provide Members chosen Reward, etc.

f. Member understands that all goods and services offered through The Consumer Opinion Program are offered by third parties, and that The Consumer Opinion does not operate, control or endorse any information, goods or services in any way.

g. Member understands that Sponsors and Reward Partners may place restrictions on the use of goods and services offered through The Consumer Opinion Program.

h. The limitations and exclusions above in Section 7 shall be subject to local law considerations.

Section 8) Expiration of Opinion Points

a. Opinion Points do not expire as long as Member has been an active member.

b. If there is no activity (no participation in any online study, questionnaires, poll question, etc.) on Member account for two consecutive years (24 months), then The Consumer Opinion has the right to immediately suspend the account and cease any Opinion Points earned in the past.

c. At The Consumer Opinion' sole discretion, The Consumer Opinion may choose to waive or defer enforcement of the expiration of a Member's Opinion Points.

Section 9) Proprietary Rights to Content

a. Member agrees that title, ownership rights, and other intellectual property and proprietary rights in The Consumer Opinion Program shall remain in The Consumer Opinion and/or its licensors and suppliers.

b. Member acknowledges that the content of this website and The Consumer Opinion Program - including but not limited to text, sound, photographs, graphics, software or other material contained in either The Consumer Opinion, Sponsor, Client, Partner or Reward Partner electronic mail communications, services or software - is copyrighted by The Consumer Opinion and/or its licensors and suppliers under Canada and international copyright laws and author's rights laws, is subject to other intellectual property and proprietary rights and laws, and is owned by The Consumer Opinion or its licensors and suppliers. Save as otherwise provided by applicable copyright law and/or author's rights laws, such content may not be copied, modified, reproduced, republished, posted, transmitted, sold, offered for sale, or redistributed in any way without the prior written permission of The Consumer Opinion and its applicable licensors or suppliers, with the sole exception that one copy of any necessary software that may be provided by The Consumer Opinion, its Clients, Sponsors, Partners or Reward Partners may be downloaded onto a single computer for Member's personal, non-commercial use. Member must abide by all copyright notices, information, or restrictions contained in or attached to any such content.

c. Member may use The Consumer Opinion's, Sponsor's, Client's, Partner's or Reward Partner's content, service or software only as expressly authorized by The Consumer Opinion, the Sponsor, the Client, the Partner or the Reward Partner.

d. Member acknowledges and agrees that The Consumer Opinion Program and any necessary software provided by The Consumer Opinion or its Sponsors, Clients, Partners, Reward Partners or other third-party partners and used in connection with the Services ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. The Consumer Opinion grants Member a personal, non-transferable and nonexclusive right and license to use the object code of any such Software on a single computer and solely in connection with Member's use of this website and The Consumer Opinion Program; provided that Member does not (and does not allow any third party to) otherwise copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code (save as otherwise allowed by applicable copyright law for purposes of achieving interoperability with third party program), sell, assign, rent, lease, loan, sublicense, grant a security interest in, or otherwise transfer any right in any such Software. Member agrees not to modify any such Software in any manner or form, or to use modified versions of any such Software, including (without limitation) for the purpose of obtaining unauthorized access to The Consumer Opinion Program. Member agrees not to access The Consumer Opinion Program by any means other than through the interface that is provided by The Consumer Opinion for such use.

Section 10) Member Conduct

a. Member agrees not to use The Consumer Opinion Program or this website to:

i. Violate applicable law.

ii. Stalk, harass, or harm another individual.

iii. Collect or store personal data about other Members.

iv. Impersonate any person, or otherwise misrepresent Member's identity.

v. Interfere with, disrupt or violate the terms and conditions and operating rules of The Consumer Opinion Program or servers or networks connected to The Consumer Opinion Program; or disobey any requirements, procedures, policies, or regulations of such networks.

vi. Interfere with another Member's use of The Consumer Opinion Program.

vii. Attempt to gain unauthorized access to The Consumer Opinion Program, or to other accounts, computer systems, or networks connected to The Consumer Opinion Program.

viii. Transmit any file that contains viruses, worms, Trojan horses, or any other contaminating or destructive features.

ix. Use The Consumer Opinion Program to conduct any activity or solicit the performance of any illegal activity or other activity that infringes the rights of others.

x. Resell, barter, trade, auction or otherwise generate income by providing access to The Consumer Opinion Program to others.

b. Member agrees to provide truthful and well considered answers to all study questions.

i. The Consumer Opinion reserves the right to withhold awarding Opinion Points to Member if, in The Consumer Opinion's reasonable view, Members' study question responses are untruthful or not well considered.

Section 11) Termination

a. This Member Agreement commences upon Member's acceptance of this Member Agreement and completion of the registration process. This Member Agreement, and your account, may be terminated as follows:

i. By Member. Member may terminate membership in The Consumer Opinion Program at any time. Member's termination of The Consumer Opinion Program is effective upon Member terminating his/her membership on this Web site.

ii. By The Consumer Opinion. The Consumer Opinion may terminate this Member Agreement, Member's password, account or use of the Member Service, and remove and discard any Member content effective immediately and without prior notice, for any reason, including, without limitation, inactivity; failure to provide accurate Registration Data; failure to provide accurate or truthful study responses; sale, resale, auction, barter, or trade of Opinion Points; or if The Consumer Opinion believes that Member has violated or acted inconsistently with this Member Agreement.

b. Effect of Termination. Upon termination by either Member or The Consumer Opinion:

i. The Consumer Opinion may immediately deactivate or delete Member's account and all related information and files and/or bar any further access to such files or The Consumer Opinion Program.

ii. Member's right to use The Consumer Opinion Program ceases immediately.

c. In case of termination of the Member Agreement, Member agrees that The Consumer Opinion shall not be liable to Member or to any third party for any termination of Member's account or Member's access to The Consumer Opinion Program.

d. Member may elect to discontinue receiving electronic communication from The Consumer Opinion without terminating Member's account by clicking on the unsubscribe link found at the bottom of electronic communications from The Consumer Opinion.

e. Survival. The provisions of Sections 3b, 4, 6b, 9, 11, 12 and from 14 to 22 shall survive any termination of this Member Agreement.

Section 12) Privacy Policy

Click here to see our Privacy Policy.

Section 13) Modifications to Terms & Conditions

a. The Consumer Opinion reserves the right to modify this Member Agreement at any time without prior notice. The Consumer Opinion may notify Member of changes to this Member Agreement, via e-mail and/or by posting a notice on The Consumer Opinion website.

b. The Consumer Opinion may discontinue, add to or revise any or all aspects of The Consumer Opinion Program in its sole discretion and without notice, including access to any support services, publications and other products or services ancillary to The Consumer Opinion Program or membership. Sponsors and Reward Partners may be added, deleted, changed or modified at any time in The Consumer Opinion's sole discretion.

c. If Member objects to any changes to the Member Agreement, Member's sole recourse shall be termination of the Member Agreement as set forth in Section 11 a. (i.) above.

d. Any new or additional features of The Consumer Opinion Program shall be subject to this Member Agreement.

Section 14) Notice

Except as provided above with respect to modifications of this Member Agreement, The Consumer Opinion may deliver notices to Member by prepaid certified mail, return receipt requested at the address in The Consumer Opinion's database, or via electronic mail at the e-mail address in The Consumer Opinion's database; any such notice shall be deemed effectively given upon delivery. Member may give notice to The Consumer Opinion by prepaid certified mail, return receipt requested and any such notice shall be effective upon receipt.

Section 15) Links

The provision by The Consumer Opinion of a link to any other website or Internet location is for Member's convenience only and does not signify The Consumer Opinion's endorsement of such other site or location or its contents. The Consumer Opinion shall not be liable for any information, software or links found at any other website, Internet location or source of information, or for Member's use of such information, software or links.

Section 16) No Resale

Member agrees not to reproduce, duplicate, copy, barter, trade, auction, sell, resell or exploit for any commercial purposes, any portion of this website, The Consumer Opinion Program, use of The Consumer Opinion Program, Opinion Points, or access to The Consumer Opinion Program. The Consumer Opinion Program is provided for Member's personal, non-commercial use only.

Section 17) Use and Storage

Member acknowledges that The Consumer Opinion may establish general practices and limits concerning use of The Consumer Opinion Program, including, without limitation, the maximum number of days that information, data, account history or other uploaded content will be retained by The Consumer Opinion Program, the maximum disk space that will be allotted on The Consumer Opinion's servers on Member's behalf, and the maximum number of times (and the maximum duration for which) Member may access The Consumer Opinion Program in a given period of time. Member acknowledges that The Consumer Opinion reserves the right to terminate accounts that are inactive for twenty four (24) months or longer, as defined inactive by The Consumer Opinion in its sole discretion. Member further acknowledges that The Consumer Opinion reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice. Member agrees that The Consumer Opinion has no responsibility or liability for the deletion or failure to store any information or data and other communications or other content maintained or transmitted by or through The Consumer Opinion Program.

Section 18) Trademark Information

The Consumer Opinion?and The Consumer Opinion logo are trademarks of The Consumer Opinion. Other The Consumer Opinion trademarks, as well as any third-party trademarks, service marks, logos and trade names appearing on this website or on or through The Consumer Opinion Program, are the property of their respective owners.

Section 19) Disclaimer of Warranties

To the extent permitted by applicable law:

a. Member agrees that use of The Consumer Opinion Program and this website is solely at the risk of the Member.

b. The Consumer Opinion Program and all services offered therein are provided on a strictly "as is" and "as available" basis, without representation or warranty of any kind.

c. Neither The Consumer Opinion nor its third-party partners make any warranty, express or implied:

i. With regard to any products, services, or gifts obtained by Members through The Consumer Opinion Program or through Clients, Sponsors, Partners or Reward Partners.

ii. That The Consumer Opinion Program will meet Member's requirements.

iii. That The Consumer Opinion Program will be uninterrupted, timely, free of errors or without defects.

iv. As to the results a Member may obtain by using The Consumer Opinion Program.

v. As to the accuracy or reliability of any information obtained via The Consumer Opinion Program.

d. The Consumer Opinion expressly disclaims any and all express, implied and statutory warranties regarding The Consumer Opinion Program, information, services or goods provided by or through The Consumer Opinion Program (other than those incapable of exclusion under the laws applicable to this Member Agreement), including, but not limited to:

i. The implied warranty of merchantability.

ii. The implied warranties of fitness for a particular user or purpose.

iii. Non-infringement.

e. The Consumer Opinion cannot and shall not be liable or responsible for those guarantees, warranties and representations, if any, offered by Clients, Sponsors, Partners, Reward Partners, manufacturers of merchandise or suppliers of services.

f. No advice or information, whether oral or written, obtained by a Member from The Consumer Opinion or via The Consumer Opinion Program shall create any warranty not expressly made herein.

Section 20) Limitation of Liability

a. Neither The Consumer Opinion nor its officers, directors, stockholders, subsidiaries, employees, agents, licensors, affiliates, or other third-party providers shall be held liable for any damages or losses, whether direct, indirect, incidental, special, consequential or exemplary damages resulting from:

i. The use or inability to use The Consumer Opinion Program.

ii. The cost of procurement of substitute goods or services.

iii. Any transaction entered into or through The Consumer Opinion Program.

iv. The reliance on or use of any information, goods, services or merchandise provided on The Consumer Opinion Program.

v. Unauthorized access to or alteration of Member's transmissions or data.

vi. Statements or conduct of any third party.

vii. Any claim attributable to errors, omissions or other inaccuracies in The Consumer Opinion Program and/or materials or information retrieved through The Consumer Opinion Program. Or

viii. Any other matter relating to The Consumer Opinion Program or this Member Agreement.

b. The above limitation is applicable even if The Consumer Opinion or its authorized representatives have been advised of (or know or should know of) the possibility of such damages.

c. Because some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages, some of the above limitations and disclaimers may not apply to Member. Member's rights vary from jurisdiction to jurisdiction. To the extent that we may not, as a matter of applicable law, disclaim any implied warranty, the scope and duration of such warranty shall be the minimum permitted under such applicable law.

d. Member acknowledges and agrees that The Consumer Opinion neither endorses the contents of any electronic mail or Internet communications nor shall be held responsible or liable for:

i. The accuracy of material contained in electronic mail, Internet, or other communications.

ii. Any infringement of third-party intellectual property rights arising from the electronic mail, Internet, or other communications.

iii. Any fraud or other crime facilitated by the electronic mail, Internet, or other communications.

e. Member agrees that The Consumer Opinion is not liable to Member or to any third party for any modification, suspension or discontinuance of any part or all of The Consumer Opinion Program, including changes or discontinuances of service from particular providers to The Consumer Opinion Program, which may affect the amount of Opinion Points offered or the accrual of Opinion Points.

Section 21) Laws and Arbitration

a. The Member Agreement shall be governed by and construed according to federal law, as applicable, and as applied to agreements made, entered into and performed entirely by residents, notwithstanding the actual residence of the parties.

b. The Member Agreement constitutes the complete, final and exclusive understanding between The Consumer Opinion and Member relating to the subject matter hereof and governs Member's use of The Consumer Opinion Program, superseding all prior or contemporaneous understandings, agreements and/or communications with respect to such subject matter.

c. Member may be subject to additional terms and conditions that may apply when Member obtains or uses third-party content, third-party software or goods and services provided by or through Clients, Sponsors, Partners, Reward Partners or other third-party partners of The Consumer Opinion.

d. If any provision(s) of the Member Agreement is (are) held by a court of competent jurisdiction to be invalid, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties, and all other provisions shall remain in full force and effect. The Consumer Opinion and Member agree that all lawsuits or proceedings arising out of this Member Agreement; the enforceability, interpretation, or questions concerning the arbitration provisions set out below; or out of Member's use of The Consumer Opinion Program shall be brought in the State or Federal Courts located and the parties hereby irrevocably submit to the exclusive personal jurisdiction of such courts for such purpose.

e. The Consumer Opinion' failure to exercise or enforce any right or provision of this Member Agreement shall not constitute a waiver of such right or provision unless acknowledged and agreed to by The Consumer Opinion in writing.

f. Member agrees that notwithstanding any statute or law to the contrary, any claim or cause of action arising out of or related to the use of The Consumer Opinion Program or this Member Agreement must be filed within one (1) year after the claim or cause of action arose or be forever barred.

g. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of this Member Agreement.

h. The Consumer Opinion may assign its rights and delegate its duties under this Member Agreement to any party at any time without notice to Member.

i. All headings in this Member Agreement are for convenience only and have no legal effect.

j. Any dispute arising under or in respect of this Agreement may, at the election of either Member or The Consumer Opinion, be resolved through binding arbitration in, in front of a single arbitrator in accordance with the Commercial Arbitration Rules of the American Arbitration Association. The Consumer Opinion agrees to pay all arbitrator fees.

k. In the event Member or The Consumer Opinion elects to resolve any claim or dispute between them by arbitration, neither Member nor The Consumer Opinion shall have the right to litigate that claim in court or to have a jury trial on that claim, even if all parties have opted to litigate a claim in court. Member or The Consumer Opinion may elect arbitration with respect to any claim made by a new party or any new claims later asserted in that lawsuit, and nothing undertaken therein shall constitute a waiver of any rights under this arbitration provision.

l. Neither Member nor The Consumer Opinion shall be entitled to join or consolidate claims in arbitration by or against other Members with respect to other accounts, bring mass or consolidated claims in arbitration, or arbitrate any claim as a representative or member of a class or in a private attorney general capacity.

m. The arbitrator shall only have the authority to resolve individual disputes between Member and The Consumer Opinion.

n. The Federal Arbitration Act ("FAA") shall govern this provision. The arbitrator shall follow applicable substantive law to the extent consistent with the FAA, applicable statues of limitation, and shall honor all claims of privilege recognized by law.

o. Arbitration proceedings are confidential, unless all parties agree otherwise. Arbitration orders and awards are not confidential and may be disclosed by the parties. A party who improperly discloses confidential information shall be subject to sanctions. The arbitrator and forum may disclose case filings, case dispositions, and other case information as required by a court order.

Section 22) Indemnification

Member agrees to indemnify and hold harmless The Consumer Opinion and its subsidiaries, predecessors, successors, affiliates, officers, directors, employees, agents, licensors, suppliers, co-branders, third-party providers, Clients, Sponsors, Partners, Reward Partners or other partners, from and against any and all claims, losses, costs (including court costs), fees (including legal fees), damages and expenses that such parties may incur as a result of, due to, or arising out of the negligent or willful violation by Member (or anyone acting under Member's account or password) of this Member Agreement or the use or misuse of The Consumer Opinion Program by Member (or anyone acting under Member's account or password), or the violation of any rights of another by Member (or anyone acting under Member's account or password).



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