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Term & Condition

General Terms & Conditions/Terms of Use

Opinion panel junction (the “Panel”) is a market research access panel owned and operated by Opinion panel junction Pvt Ltd and its parent, subsidiary and affiliated companies, including Opinion panel junction Pvt Ltd (collectively "Opinion panel junction").

As a member of the Panel, you will have the opportunity to participate in market research activities including online and mobile surveys, product tests, focus groups, and more.

These terms are subject to change. For more information on how we use the data you provide, please see our https://opinionpaneljunction/page/privacy-policy/39.

These General Terms & Conditions/Terms of Use include a class action waiver and a waiver of jury trials and require binding arbitration on an individual basis to resolve disputes.

1. Applicability; Agreement

These General Terms and Conditions/Terms of Use (these “Terms”) govern and apply to all of Opinion panel junction’s applications and services, including, but not limited to, (1) any Opinion panel junction panel or subpanel (individually a “Panel” and collectively the “Panels”), (2) any Panel website (individually a “Website” and collectively the “Websites”), (3) any Opinion panel junction mobile application(s), (4) participation in any survey or study offered, provided, hosted or administered by or through Opinion panel junction and (5) your eligibility for, and/or redemption of, rewards, incentives and prizes offered for certain actions and activities, including, but not limited to, successfully completing surveys (collectively, the “Applications/Services”).

All references in these terms to “Opinion panel junction” include Opinion panel junction, and its parents, subsidiaries and affiliates, including Opinion panel junction and Opinion panel junction. All references in these Terms to “us” or “we” refer to Opinion panel junction.

By registering for, accessing, using, and/or participating in, the Applications/Services, you hereby expressly agree to comply with and be bound by these Terms.

Opinion panel junction reserves the right to refuse, restrict, prohibit or reject your access to, use of, and/or participation in the Applications/Services, at any time and for any reason.

2. Membership Eligibility and Participation

The Applications/Services are strictly for your personal, non-commercial use. You may use the Applications/Services only when and as available. The Applications/Services are only available to individuals who are seventeen (17) years of age or older residing in the World Wide. Participation on the Panel is limited to only one (1) account per person. From time to time our clients may want to survey the opinion of minors, they may only participate with parental consent, via their parent’s account.

Opinion panel junction employees are not permitted to participate in the Panel for personal use (see Section 19).

Your participation in survey, focus group, telephone or other research (“Research”) through the Applications/Services is based on your desire to share opinions and provide feedback. Such participation in the Research is voluntary for you, without control or direction of Opinion panel junction, and you shall exercise independent judgment and discretion while doing so.

3. Use of the Applications/Services

The Applications/Services are for personal, non-commercial use. You may use the Applications/Services only when and as available. Opinion panel junction reserves the right to change, modify or eliminate, and/or restrict or block access to, all or any part of the Applications/Services, without notice, at any time, for any reason or for no reason.

Opinion panel junction provides Panel members and non-Panel members with the opportunity to participate in surveys. Participation in surveys is voluntary. By agreeing to become a Panel member, you agree to receive invitations to participate in surveys. Additionally, Opinion panel junction  may provide Panel members with the opportunity to communicate with other Panel members and/or opinion panel junction. You may unsubscribe from Panel membership at any time; see Section 10 "Opt Out Policy" below.

If you are registering for the Application/Services, you will be required to provide or disclose certain personally identifiable information (“PII”) to Opinion panel junction. Please review Opinion panel junction Privacy Policy for information on Opinion panel junction  privacy practices.

4. Panel Registration; Passwords

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. Opinion panel junction reserves the right to restrict or prohibit your use of, access to and/or participation in the Applications/Services if you provide, or Opinion panel junction reasonably suspects that you have provided, information that is untrue, inaccurate, not current, or incomplete.

Each Panel member will create his/her own username and password. Panel members are solely responsible for the security of their usernames and passwords and will be solely liable and responsible for any use, whether authorized or unauthorized, of their membership accounts. Opinion panel junction strongly recommends against the use of a social security number, financial account number or any other identification or account number, as a username or password. Please do not disclose your password to anyone else, you are responsible for keeping it safe. We will not be liable for any unauthorized use of your account, which includes unauthorized use of your email address, password and reward redemption.

Panel membership is specific to the individual who registers for membership with the Panel; panel membership is not transferrable.

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

5. Unauthorized Uses

You agree not to: (i) use spiders, robots or other automated data mining techniques to catalogue, download, store or otherwise reproduce or distribute data or content available in connection with the Applications/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, but not limited to, 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, but not limited to, spyware; (iv) collect any personally identifiable information of or about any other user of the Applications/Services; (v) send unsolicited emails, including, but not limited to, 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 Applications/Services, without the prior express written permission of Opinion panel junction; (x) post or transmit any threatening, libellous, 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, but not limited to, 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, prizes and/or incentives through false or fraudulent means, and tampering with surveys; (xii) reverse engineer any aspect of the Applications/Services or do any act or take any action 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, but not limited to, any Opinion panel junction employee, to commit any act(s) prohibited hereunder.

You acknowledge and agree that Opinion panel junction will fully cooperate with all legal disclosure request(s) (e.g. court order or subpoena).

6. Restricted Content

In connection with your use of, access to and/or participation in the Applications/Services, you may have the opportunity to review or access confidential and proprietary information, materials, products and content (“Restricted Content”) belonging to Opinion panel junction and/or Opinion panel junction’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 Opinion panel junction. 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 Opinion panel junction, Opinion panel junction reserves the right to terminate, prohibit or restrict your use of, access to and/or participation in the Applications/Services.

7. 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 Applications/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, but not limited to, Opinion panel junction’s clients, clients of Opinion panel junction’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. You will not receive compensation for any User Content. If you would like information about the identity of the sponsor of a survey in which you submit photos or videos, please contact Opinion panel junction as set forth in Opinion panel junction’s Privacy Policy. In order to identify the specific survey, you will need to provide Opinion panel junction with your email address and information on the specific survey (e.g., survey number, survey topic or subject matter, date you completed the survey, etc.).

By using, uploading, posting or submitting User Content in connection with the Applications/Services, you hereby grant to Opinion panel junction 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 User Content. Opinion panel junction does not and cannot review all User Content and Opinion panel junction is not responsible for User Content. Opinion panel junction reserves the right to delete, move or edit User Content that is, in Opinion panel junction’s sole discretion, deemed to: (i) violate these Terms, (ii) violate copyright or trademark laws, or (iii) be abusive, defamatory, obscene or otherwise unacceptable.

8. Rewards Programs

A. In connection with your use of the Applications/Services, you may have the opportunity to accumulate rewards, incentives and entries into prize draws or sweepstakes. Incentives may be in the form of points or program/panel currency (“Panel Currency”). Panel Currency has no monetary value and cannot be redeemed for cash; Panel Currency may not be auctioned, traded, bartered or sold and is not transferrable upon death, by gift, as part of a domestic relations matter, or otherwise, except by operation of law. Information, official rules and terms and conditions for rewards, incentives 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, incentives, and prizes, and/or may be described in any newsletter or other communication distributed or published by Opinion panel junction.

The various types of incentives and rewards Opinion panel junction may provide are to encourage participation in the Panel and are not compensation for time spent. Any points or Panel Currency that is earned or paid to you or any reward that is redeemed by you for participation in the Research or other activity on a Panel is not calculated based on time spent by you. Similarly, any consideration paid to or points earned by you for participation is not pro-rated on an hourly basis or otherwise.

B. All points or Panel Currency posted to a Panel member’s account expire one (1) year following posting, unless the points or Panel Currency are forfeited or canceled 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.

C. Points or Panel Currency posted in connection with the Applications/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.

D. In the event that any points, Panel Currency, or incentive have been erroneously posted to a Panel member’s account, Opinion panel junction may remove them from the Panel member’s account.

E. In the event that any points, Panel Currency, or incentive have been obtained and/or posted to a Panel member’s account through fraudulent means, Opinion panel junction will remove them from the Panel member’s account and the account may be suspended and/or terminated.

F. Redemption
(1) Points or Panel Currency will be deducted from the Panel member's account at the time the redemption request is made.
(2) All redemptions are final, and rewards may not be returned for credit except as otherwise provided in these Terms or as otherwise agreed to in writing by an authorized representative of Opinion panel junction.
(3) The minimum points or Panel Currency redemption threshold required to redeem a reward is the equivalent of Fifty United States Dollars ($50). Unless there is a lower redemption option available, if you do not satisfy the foregoing threshold, you will not have a redemption option under Opinion panel junction’s rewards program. Opinion panel junction reserves the right to provide reward options with lower minimum redemption thresholds without prior notice to or consent from you.

G. Opinion panel junction may modify, alter, delete or add new terms and conditions for its rewards program or the Applications/Services at any time without notice. For Opinion panel junction this includes, but is not limited to, modifying, altering, adding or deleting point values, redemption levels, conversion ratios, conditions for status, conditions for membership and conditions for earning incentives or rewards, at any time without notice. In addition, Opinion panel junction may terminate or cease offering any incentive or reward in connection with Opinion panel junction’s rewards program, at any time without notice.

H. You may not combine your points or Panel Currency with points or Panel Currency belonging to any other member, including, but not limited to, any family member or friend.

I. Opinion panel junction make no representations or warranties of any kind, express or implied, regarding any product or service received in connection with Opinion panel junction’s rewards program, including, but not limited to, any warranty of merchantability or fitness for a particular purpose. Opinion panel junction 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 Panel Currency, incentives or rewards are redeemed. In addition, Opinion panel junction 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, Panel Currency, incentives or rewards are redeemed. Opinion panel junction will not replace any lost, stolen, misplaced or damaged incentives or rewards.

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

K. Every month Opinion panel junction donates USD $10,000 to American Red Cross. This donation is separate to the incentives you receive for surveys and does not come from your points balance. This does not constitute a donation on your behalf so is not tax deductible for you and is not dependent on the number of surveys in which members participate; it is one way Opinion panel junction is aiming to give back to the global community.

L. Opinion panel junction uses reasonable efforts to ensure that points or Panel Currency are credited and debited appropriately; however, the Panel member should review their account to ensure that their account correctly identifies the posted points or Panel Currency, incentives, 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 helpdesk@opinionOpinion panel junction.com. Any email sent to Opinion panel junction should include the Panel member’s name, email address and specific information on the subject matter. Opinion panel junction will use reasonable efforts to investigate the matter and to respond back to the Panel member promptly. Opinion panel junction's decision is final and binding.

M. The suppliers or providers of the products or services offered in connection with Opinion panel junction’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.

N. Personal information may have to be collected, processed and/or disclosed in connection with Opinion panel junction’s rewards program and/or any request to redeem a reward or incentive. 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 Opinion panel junction’s Privacy Policy. Redemption of Virtual Mastercard® or Visa® may require verification of your identity by the financial institution responsible for issuing your Virtual Mastercard® and Visa®, and that such verification may require you to provide your date of birth, tax identification number, and similar information.

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

P. Your daily limit on the redemption of points or Panel Currency is limited to two (2) redemptions per 24-hour period.

Q. In the United States, Opinion panel junction has an obligation to: (i) provide a W-9 tax form to individuals who receive payments (whether via the redemption of points or Panel Currency or other means) of $700 or more in a tax year; and (ii) file a 1099-Misc form with the United States Internal Revenue Service (“IRS”) for such payments. In addition, Opinion panel junction will provide you with a completed 1099-Misc form for your tax compliance purposes. As a result, please see the following:
(1) If you have received payments of $899 during a tax year, your account will be suspended (i.e., you will not be able to receive further payments and will not be able to complete or participate in surveys) for the remainder of the applicable tax year unless and until you provide Opinion panel junction with a completed and verified W-9 form.
(2) If you have received payments of $900 or more during a tax year, your account will be suspended indefinitely (i.e., you will not be able to receive further payments and will not be able to complete or participate in surveys) unless and until you provide Opinion panel junction with a completed and verified W-9 form. In this case, your account will not be reinstated at the beginning of the next tax year, unless or until you provide Opinion panel junction with a completed and verified W-9 form.

If you have any questions, please contact Business@opinionpaneljunction.com.

9. Profile Updates

Panel members agree to notify Opinion panel junction promptly of any changes in or to the information contained in their member profile. Panel members agree to review and update their membership profiles as necessary but 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 profile 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.

10. Opt-Out Policy

Panel members may opt out from using the Applications/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 Opinion panel junction; or (ii) sending an email to the Panel member services team. Opinion panel junction shall use reasonable efforts to read and respond to each email request within a reasonable period of time after receipt. Upon termination, a Panel member’s contact information will be removed from any further communication or contact lists. Please allow a few days for the complete removal of contact information from Opinion panel junction’s communication or contact lists for the applicable Panel; during which period the member may receive communications which were created or compiled prior to termination. Please see Opinion panel junction’s Privacy Policy for information on how Opinion panel junction handles information and data following an unsubscribe, termination or opt-out request (“Opinion panel junction’s Privacy Policy”).

11. Links

In connection with your use of the Applications/Services, you may be able to link or connect voluntarily to websites maintained and/or operated by third parties (“Third Party Websites”). Opinion panel junction 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”). Opinion panel junction does not make any representations or warranties regarding Third Party Websites and/or Third Party Information. Please carefully review all policies and terms applicable to Third Party Websites and Third Party Information.

12. Communications with Opinion panel junction

All communications (excluding personal information) and User Content submitted or transmitted by you to Opinion panel junction, by electronic mail or otherwise, shall be treated as non-confidential and non-proprietary information, unless specifically indicated by you either prior to, or contemporaneously with, the submission or transmission of such communications and User Content. You agree that any such communications and User Content may be used by Opinion panel junction for any legal reason.

13. Disclaimer

THE APPLICATIONS/SERVICES, INCLUDING ALL INFORMATION, SURVEYS, CONTENT, MATERIAL, COMMENTARY AND APPLICATIONS/SERVICES MADE AVAILABLE ON OR THROUGH THE APPLICATIONS/SERVICES, ARE PROVIDED “AS IS”. Opinion panel junction 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 APPLICATIONS/SERVICES, INCLUDING, BUT NOT LIMITED TO, ANY USER CONTENT. FURTHER, Opinion panel junction HEREBY DISCLAIMS ANY AND ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE. Opinion panel junction DOES NOT WARRANT THAT THE TOOLS, TECHNOLOGY OR FUNCTIONS CONTAINED IN THE APPLICATIONS/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 APPLICATIONS/SERVICES AND MAKE THE APPLICATIONS/SERVICES AVAILABLE WILL BE CORRECTED OR THAT THE APPLICATIONS/SERVICES AND/OR THE SYSTEMS AND/OR THE SERVER(S) THAT SUPPORT THE APPLICATIONS/SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. Opinion panel junction 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 APPLICATIONS/SERVICES.

14. Changes

Opinion panel junction hereby reserves the right, in Opinion panel junction’s sole discretion, to make changes to these Terms. Opinion panel junction encourages you to review these Terms on an ongoing basis. Opinion panel junction will obtain your consent prior to changes that are of such nature that consent is needed or required. For changes that do not require consent, your continued use of, access to, and/or participation in the Applications/Services does and will to constitute your acceptance of these Terms as amended.

15. Indemnification

You agree to indemnify, defend and hold harmless Opinion panel junction and its parent, affiliated and subsidiary companies 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, but not limited to, reasonable attorneys’ fees and court costs, arising out of, resulting from or caused, either directly or indirectly, by: (i) your breach or violation of these Terms; and/or (ii) your use of, participation in, and/or access to the Applications/Services.

16. Limitations of Liability

EXCEPT TO THE EXTENT PROHIBITED BY APPLICABLE LAWS, YOU ACKNOWLEDGE AND AGREE THAT IN NO EVENT WILL Opinion panel junction 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 Opinion panel junction IS INFORMED OF THE POSSIBILITY THAT SUCH DAMAGES MAY EXIST.

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

17. 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 Applications/Services.

18. Suspension; Termination; De-Activation of Panel Membership Accounts

Either party may terminate your membership with a Panel at any time, with or without cause, for any reason or for no reason, and without liability for the termination.

In addition to any and all other available remedies, Opinion panel junction may, without notice, suspend and/or terminate your use of, access to, and/or participation in the Applications/Services if you are in breach or violation of these Terms. If Opinion panel junction 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, incentives and/or prizes, effective immediately upon termination; (ii) your membership will immediately be cancelled; and (iii) your access to, participation in and use of the Applications/Services (including, but not limited to, 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, incentives and/or prizes (if any), shall be forfeit effective immediately upon termination; and (b) access to, use of, and participation in the Applications/Services will immediately cease.

In addition, Opinion panel junction reserves the right to de-activate your Panel membership account: (a) if your membership account does not remain Active (as defined herein); (b) if Opinion panel junction receives a hard bounce or delivery failure notice in regards to email communications sent by Opinion panel junction to your email account; or (c) if Opinion panel junction receives a “mailbox full” reply notice three (3) times in regards to email communications sent by Opinion panel junction 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.

In the event of deactivation, termination by you or termination by Opinion panel junction (other than for your breach or violation of these Terms), Opinion panel junction shall maintain a record of the posted, unredeemed rewards, incentives and/or prizes and, subject to the applicable minimum redemption thresholds, shall allow you to redeem such rewards, incentives and/or prizes for a period of thirty (30) days following the effective date of termination or deactivation of your account. Termination or deactivation of your membership will not delete or remove any application(s).

19. Opinion panel junction Employee

A. Restriction. Opinion panel junction employees and their Immediate Family Member(s) (as defined herein) are not eligible to receive any payments, prizes or incentives for using, participating in or accessing the Applications/Services. For the purpose of this Section 19, the term “Immediate Family Member(s)” includes parents, spouses, children or significant others (i.e. girlfriends/boyfriends, domestic partners and spousal equivalents).

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

C. Improper Conduct. Unless authorized pursuant to these Terms or otherwise approved in writing by Opinion panel junction’s Chief Executive Officer, the violation of the terms of this Section 19 by a Opinion panel junction employee and/or hos/her Immediate Family Member(s) is a violation of Opinion panel junction’s standards of conduct and any such violation may subject the employee to discipline, including, but not limited to, termination of employment.

20. Notices

A. Notice From You to Opinion panel junction. Except as otherwise set forth herein or as required by Applicable Laws, all notices to be sent or provided to Opinion panel junction should: (i) be correctly addressed to the applicable business address, and shall be sufficiently delivered if delivered: (a) by Federal Express, Express Mail or other nationally or internationally recognized overnight courier service (in which case notice shall be effective one (1) business day following dispatch); or (b) by certified mail, return receipt requested, postage prepaid (in which case notice shall be effective six (6) days following deposit in mail); or (ii) be sent via email to the appropriate member services team for the appropriate Panel.

B. Notice From Opinion panel junction to You. Except as otherwise required by Applicable Laws, you agree that Opinion panel junction may provide notices to you: (i) via the e-mail address provided by you to Opinion panel junction (in which case notice shall be effective one (1) day following the date the e-mail was sent, provided that Opinion panel junction 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 Opinion panel junction (in which case notice shall be effective six (6) days following deposit in the 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.

21. 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.

22. Arbitration Agreement (United States only)

All claims and disputes (excluding claims for injunctive or other equitable relief as set forth below) in connection with the Terms, use of any product or service provided by Opinion panel junction, or related to the processing of personal data, that cannot be resolved informally or on an individual basis in small claims court shall be resolved by binding arbitration on an individual basis under the terms of this Section 22 (this “Arbitration Agreement”). Unless otherwise agreed, all arbitration proceedings will be held in English. This Arbitration Agreement applies to you and Opinion panel junction, and to any subsidiaries, affiliates, agents, employees, predecessors in interest, successors, and assigns, as well as all authorized or unauthorized users or beneficiaries of services or goods provided under the Terms.

Before either party may seek arbitration, the party must first send to the other party a written Notice of Dispute (“Notice”) describing the nature and basis of the claim or dispute, and the requested relief. A Notice to Opinion panel junction should be sent to: 4 Research Drive, Suite 300, Shelton, Connecticut 06484 USA; ATTN: Arbitration Notice. After the Notice is received, you and Opinion panel junction may attempt to resolve the claim or dispute informally. If you and Opinion panel junction do not resolve the claim or dispute within thirty (30) days after the Notice is received, either party may begin an arbitration proceeding. The amount of any settlement offer made by any party may not be disclosed to the arbitrator until after the arbitrator has determined the amount of the award, if any, to which either party is entitled.

Arbitration shall be initiated through the Judicial Arbitration and Mediation Services, Inc. (“JAMS”), an established alternative dispute resolution provider (“ADR Provider”) that offers arbitration as set forth in this section. If JAMS is not available to arbitrate, the parties shall agree to select an alternative ADR Provider. The rules of the ADR Provider shall govern all aspects of the arbitration, including but not limited to the method of initiating and/or demanding arbitration, except to the extent such rules are in conflict with the Terms. The JAMS Streamlined Arbitration Rules (the “JAMS Rules”) governing the arbitration are available online at https://www.jamsadr.com/. The arbitration shall be conducted by a single, neutral arbitrator. Any claims or disputes where the total amount of the award sought is less than Ten Thousand U.S. Dollars (US $10,000.00) may be resolved through binding non-appearance-based arbitration, at the option of the party seeking relief. For claims or disputes where the total amount of the award sought is Ten Thousand U.S. Dollars (US $10,000.00) or more, the right to a hearing will be determined by the Arbitration Rules. Any hearing will be held in a location within 100 miles of your residence, unless you reside outside of the United States, and unless the parties agree otherwise. If you reside outside of the U.S., the arbitrator shall give the parties reasonable notice of the date, time and place of any oral hearings. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Each party shall bear its own costs (including attorney’s fees) and disbursements arising out of the arbitration and shall pay an equal share of the fees and costs of the ADR Provider.

If non-appearance-based arbitration is elected, the arbitration shall be conducted by telephone, online and/or based solely on written submissions; the specific manner shall be chosen by the party initiating the arbitration. The arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise agreed by the parties.

If you or Opinion panel junction pursue arbitration, the arbitration action must be initiated and/or demanded within the statute of limitations (i.e., the legal deadline for filing a claim) and within any deadline imposed under the JAMS Rules for the pertinent claim.

If arbitration is initiated, the arbitrator will decide the rights and liabilities, if any, of you and Opinion panel junction, and the dispute will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator shall have the authority to grant motions dispositive of all or part of any claim (including any claim regarding the enforceability of this Arbitration Agreement or any unconscionability in connection with these Terms). The arbitrator shall have the authority to award monetary damages, and to grant any non-monetary remedy or relief available to an individual under applicable law, the JAMS Rules, and the Terms. The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and Opinion panel junction.

THE PARTIES HEREBY WAIVE THEIR CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY, instead electing that all claims and disputes shall be resolved by arbitration under this Arbitration Agreement. Arbitration procedures are typically more limited, more efficient and less costly than rules applicable in a court and are subject to very limited review by a court. In the event any litigation should arise between you and Opinion panel junction in any state or federal court in a suit to vacate or enforce an arbitration award or otherwise, YOU AND THE COMPANY WAIVE ALL RIGHTS TO A JURY TRIAL, instead electing that the dispute be resolved by a judge.

ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS, AND CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER.

All aspects of the arbitration proceeding, including but not limited to the award of the arbitrator and compliance therewith, shall be strictly confidential. The parties agree to maintain confidentiality unless otherwise required by law. This paragraph shall not prevent a party from submitting to a court of law any information necessary to enforce this Agreement, to enforce an arbitration award, or to seek injunctive or equitable relief. If any part or parts of this Arbitration Agreement are found under the law to be invalid or unenforceable with regards to any particular subject matter by a court of competent jurisdiction, then such specific part or parts shall be of no force and effect with regard to such specific subject matter and shall be severed and the remainder of the Agreement shall continue in full force and effect.

Any or all of the rights and limitations set forth in this Arbitration Agreement may be waived by the party against whom the claim is asserted. Such waiver shall not waive or affect any other portion of this Arbitration Agreement.

This Arbitration Agreement will survive the termination of your relationship with Opinion panel junction.

Notwithstanding the foregoing, either you or Opinion panel junction may bring an individual action in small claims court.

Notwithstanding the foregoing, either party may seek emergency equitable relief before a state or federal court in order to maintain the status quo pending arbitration. A request for interim measures shall not be deemed a waiver of any other rights or obligations under this Arbitration Agreement.

Notwithstanding the foregoing, 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 secrets shall not be subject to this Arbitration Agreement.

In any circumstances where the foregoing Arbitration Agreement permits the parties to litigate in court, the parties hereby agree to submit to the personal jurisdiction of the courts located within Fairfield County, Connecticut, USA for such purpose.

23. Governing Laws; Jurisdiction and Venue

These Terms and your access to, use of or participation in the Applications/Services shall be governed by and construed in accordance with the laws of the state of Connecticut, USA, without regard to any portion of any choice of law principles (whether those of Connecticut 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 Applications/Services shall be subject to the exclusive jurisdiction of the state or Federal courts located in Fairfield County, Connecticut, USA.

24. 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. Opinion panel junction’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 Opinion panel junction from enforcing any subsequent breach by you of these Terms. These Terms and any rules, terms or policies referenced herein or incorporated herein, and any Panel-specific requirements, represent the entire understanding and agreement between Opinion panel junction and you with respect to the subject matter hereof.

Last updated: November 29, 2021

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