LAST UPDATED: 07/18/2011
Welcome to the OneOpinion Website (the "Site"), owned and operated by Critical Mix, Inc. ("OneOpinion"), located at 53 Riverside Avenue, Westport, CT 06880. The Terms and Conditions listed here (this "Agreement" or "Terms and Conditions") govern your membership in the OneOpinion panel, your participation in the surveys and your use of the Site. In this Agreement, the term "you" or "your" refers to the individual accessing the Site and participating in a survey and/or completing the registration process to become a member of the OneOpinion Panel (the "Panel").
II. USE OF THE SITE
Access to, and use of the Site is subject to these Terms and Conditions, and is limited to your personal, non-commercial use. Any use of the Site in violation of these Terms and Conditions is strictly prohibited. Participation in surveys is always optional and voluntary. You may unsubscribe from your Panel membership at any time, please see our "Opt Out Policy" below. Panel membership, and/or participation in a survey(s) hosted or administered by OneOpinion, within the United States, is open to individuals who are eighteen (18) years of age or older and to minors between the ages of thirteen (13) and seventeen (17) who have obtained permission or consent from their parent or guardian. If you are not thirteen (13) years of age, you may not register or attempt to register as a Panel member or participate in any OneOpinion survey(s). OneOpinion reserves the right to refuse to offer or provide Panel membership or other services to anyone, at anytime, in its sole discretion.
In order to participate in surveys from OneOpinion, you will be required to register with the Site and to provide Personal Information in connection with the registration. Each individual may only have one active membership Account (defined below) at any one time. As a condition of membership, you are required to truthfully provide all information requested by OneOpinion and you are strictly prohibited from using any aliases or other means to mask or conceal your true identity. If you provide any information to OneOpinion that is untrue, inaccurate, not current, or incomplete, or if OneOpinion has reasonable grounds to suspect such information is untrue, inaccurate, not current, or incomplete, or if you are maintaining more than one Account, OneOpinion reserves the right to terminate your membership without notice, and to prevent you from any current or future access to, or use of the Site including the immediate forfeiture of any OneOpinion Rewards accumulated by you prior to such termination.
V. ACCOUNT AND PASSWORDS
If you register for a membership on the Site to become a member ("Member"), OneOpinion will permit you to create a user name and password to access your account ("Account"). You are solely responsible for the security of your user name and password and you are solely liable and responsible for any use or unauthorized use of your Account. You may never use another panelist's account without permission. You are solely responsible for the activity that occurs on your Account, and you must keep your Account user name and password secure. You must promptly notify OneOpinion of any breach of security or unauthorized use of your Account.
VI. REWARDS AND REDEMPTION
1. Earning Rewards: Subject to paragraph 2 below, you can earn rewards ("OneOpinion Rewards") for completing surveys or participating in other activities. In order to earn OneOpinion Rewards, you must first answer a few pre-screening questions that will qualify you to participate in the survey. Only after you qualify for the survey AND if you complete the entire survey, or successfully complete some other offered activity, will you get OneOpinion Rewards. If you do not qualify for the survey after answering the pre-screener questions, or you do not qualify to participate in another activity, you DO NOT earn any OneOpinion Rewards. All OneOpinion Rewards expire 12 months from the date that they are credited to your Account
The OneOpinion Rewards for completing each survey or other activity are credited to your Account and are subject to your compliance with all Terms and Conditions. Your Account, including any OneOpinion Rewards or other credits in your Account, is non-transferable and non-assignable by operation of law or otherwise, and may not be pooled, lent, sold, or exchanged. We may change rules about redeeming OneOpinion Rewards or other credits in your Account at any time and such changed rules will apply to OneOpinion Rewards already accrued as well as to OneOpinion Rewards accrued in the future. You may request the redemption of OneOpinion Rewards into the items offered on our website and only as permitted by these Terms and Conditions. Once such redemption is requested, the item for which you have redeemed Rewards will be delivered to you via USPS or electronic mail within approximately three weeks. Please refer to Sweepstakes Rules for any terms related to our sweepstakes. Redeeming OneOpinion Reward and receipt of any payment by you is contingent upon your: (1) full compliance with these Terms and Conditions; and (2) compliance with the specific rules or terms then in effect for the particular redemption offer.
2. Minimum Redemption Amount: YOU CANNOT REDEEM ONEOPINION REWARDS FOR ANY ITEM UNTIL YOU HAVE ACCRUED MAINTAINED AT LEAST TWENTY-FIVE THOUSAND (25000) VALID ONEOPINION REWARDS IN YOUR ACCOUNT (THE "MINIMUM REDEMPTION AMOUNT"). REDEMTION FOR LESS THAN TWENTY-FIVE THOUSAND (25000) VALID ONEOPINION REWARDS MAY BE OFFERED FROM TIME TO TIME. YOU HAVE NO RIGHT TO REDEEM THE "ONEOPINION REWARDS" IN YOUR ACCOUNT FOR U.S. DOLLARS OR ANY OTHER ITEM, AND WE HAVE NO LIABILITY OR OBLIGATION TO PAY YOU OR SEND YOU A REWARD, UNLESS AND UNTIL YOU HAVE ACCRUED AND MAINTAINED AT LEAST THE MINIMUM REDEMPTION AMOUNT IN YOUR ACCOUNT. UNLESS AND UNTIL YOU HAVE ACCRUED AND MAINTAINED THE MINIMUM REDEMPTION AMOUNT, SUCH "ONEOPINION REWARDS" ARE DEEMED A CONTINGENT LIABILITY, WHICH IS ENTIRELY CONTINGENT UPON: (1) YOUR ACCRUAL AND MAINTENANCE OF AT LEAST THE MINIMUM REDEMPTION AMOUNT IN YOUR ACCOUNT, AND (2) YOUR FULL COMPLIANCE WITH THESE TERMS AND CONDITIONS. UNLESS AND UNTIL YOUR ACCOUNT BALANCE REACHES THE MINIMUM REDEMPTION AMOUNT, THE "ONEOPINION REWARDS" IN YOUR ACCOUNT HAVE NO CASH VALUE.
3. Redemption Request: You can request the redemption of your valid OneOpinion Rewards for items as set forth on our website from time to time, subject to these Terms and Conditions, by following the redemption process outlined on site. As noted above, you may not request redemption and the OneOpinion Rewards in your Account have no actual cash value until you have accrued at least the Minimum Redemption Amount. A description of each redemption request and its progress will be displayed in your Member's Account.
4. Taxes related to rewards: You are responsible for any and all tax liability arising from or associated with your OneOpinion Rewards redemptions, including liability arising from your accrual of OneOpinion Rewards or your redemption of OneOpinion Rewards. We will require you to provide necessary tax information about yourself prior to receiving redemptions when the item redeemed has a cash value greater than $300 at one time or cumulatively during a calendar year. We will file a 1099-tax form for any Member who redeems items with a cash value in excess of $600 in one calendar year from our parent company, Critical Mix, Inc. Your failure to provide necessary tax information will result in you forfeiture of your OneOpinion Rewards, and no redemption will be made to you.
5. Redemption Schedule: Requests to redeem OneOpinion Reward are processed promptly, and are usually delivered to you within three weeks. Items that take longer than three weeks to redeem will be specified on our website. After requesting redemption, Members can view their redemption processing status by logging into their Account.
6. Fraud Prevention: OneOpinion reserves the right at its sole discretion to request further information from Members to avoid fraudulent activity. OneOpinion reserves the right at its sole discretion to place any payment request on hold, for any reason, until the Member has provided the requested information. Reasonable notice will be given to the Member to provide this information, which must be provided via teleconference on our toll free number (800)-651-8794. All decisions by OneOpinion regarding fraud or suspected fraud are binding and final.
7. Delivery Location: You are responsible for selecting a secure and reliable mail delivery address for payments. We are not responsible for any stolen or lost debit cards so long as such debit card was sent to the mailing address indicated in your Account information at the time such payment was requested. If your household mailbox is not secure, we recommend you obtain a secure post office box.
VII. UNAUTHORIZED USE OF SITE
You are prohibited from taking any action to interfere with the Site or any other individual's use of the Site. If you do you may not use the Site.
You agree not to:
- Use spiders, robots or other automated data mining techniques to catalog, download, store, or otherwise reproduce or distribute content available on the Site, or to manipulate the results of any panel, poll, survey or prize draws on the Site;
- Send to OneOpinion, and/or to or from the Site, any illegal, deceptive, or harmful code, including, without limitation, any virus, spyware, adware, or any other harmful code;
- Send unsolicited emails, including, without limitation, promotions and/or advertising of products or services;
- Open, attempt to open, use, or maintain more than one (1) membership account within the OneOpinion Panel;
- Forge or mask your true identity in any email or posting;
- Frame a portion(s) of the Site within another website or alter the appearance of the Site;
- Establish links from any other website to any page of, on, or located within the Site, without the prior express written permission of OneOpinion;
- Post or transmit any threatening, libelous, defamatory, obscene, scandalous, or inflammatory material or content or any material or content that could otherwise violate any law(s);
- Intentionally or willfully submit falsified data or commit any other fraudulent act(s) in connection with use of the panel or survey system;
- Reverse engineer any aspect of the Site or do or take any act that might reveal or disclose the source code, or bypass or circumvent measures or controls utilized to prohibit, restrict or limit access to any webpage, content or code, except as expressly permitted by applicable laws; or
- Encourage and/or advise any individual, including, without limitation, any OneOpinion employee, to commit any act(s) prohibited hereunder.
VIII. PROFILE UPDATES & CONTACT INFORMATION
You agree to promptly notify OneOpinion of any changes in or to information contained in your Member profile. Panel members agree to review and update, as necessary, membership profiles no less frequently than once every twelve (12) months. A Panel member may update, correct, and/or delete information contained in his or her membership profiles by accessing his or her membership Account. You are solely responsible for maintaining accurate and complete contact information and promptly updating such information.
IX. INTELLECTUAL PROPERTY RIGHTS
You may not copy, modify, alter, distribute, publish, sell or otherwise use any material on the Site in whole or in part, unless you have obtained the prior written consent of OneOpinion. All pages and content within the Site and any related surveys, including but not limited to, text, graphics, audio, video, photographs, surveys, logos or other materials are the intellectual property of OneOpinion and/or its clients, licensors, partners, and/or representatives. You are hereby expressly prohibited from modifying, copying, reproducing, creating derivative works of, republishing, displaying, uploading, posting, transmitting or distributing, in any way, the content available on the Site, without the prior written consent of OneOpinion.
By submitting or transmitting any information, communication, and/or material to OneOpinion, by electronic mail or otherwise, including, without limitation, any data, questions, comments, responses, suggestions or other similar information, communication, or material, on or through the Site ("Submitted Content"), you hereby grant to OneOpinion a sub-licensable, worldwide, fully-paid, royalty free license to use, modify, publicly perform, publicly display, reproduce, and distribute such Submitted Content. This license includes the right to host, index, cache, distribute, and tag any Submitted Content.
You shall not violate or attempt to violate the security of the Site. Violations of system or network security may result in civil or criminal liability. OneOpinion reserves the right to investigate occurrences which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who have participated in such violations.
XI. THIRD PARTY LINKS
From time-to-time OneOpinion may provide you with the ability to voluntarily link or connect to websites maintained and/or operated by third parties ("Third Party Websites"). OneOpinion neither endorses the Third Party Websites nor the products, services, and/or opportunities advertised, offered and/or sold by, through or in connection with the Third Party Websites. OneOpinion is not responsible for the policies and/or practices of the Third Party Websites or the information collected by the Third Party Websites or any Third Parties. Please review all policies and terms and conditions applicable to the Third Party Websites.
XII. COMMUNICATION WITH ONEOPINION
Any Submitted Content you submit or transmit to OneOpinion, by electronic mail or otherwise, is and will be treated as non-confidential and non-proprietary information, unless specifically indicated as otherwise by you. Except to the extent that Submitted Content is covered by OneOpinion's Privacy Notice, you acknowledge and agree that any Submitted Content submitted or transmitted to OneOpinion by you is submitted or transmitted on a non-confidential basis and that OneOpinion may use such Submitted Content for any legal purpose(s). Any communication from OneOpinion to you shall be deemed delivered and received by you upon OneOpinion's issuance of an email to the email address listed in your account.
XIII. WARRANTY DISCLAIMER
Your use of the Site is at your sole risk. All Site information and services are provided on an "as is" and "as available" basis, without warranties of any kind, express, statutory or implied, including without limitation, any implied warranties of merchantability, fitness for a particular purpose, non-infringement or non-misappropriation of intellectual property rights of a third party, title, custom, trade, quiet enjoyment, accuracy of information content, or system integration. OneOpinion does not warrant that the Site will be available or operate in an uninterrupted, error free or completely secure manner or that errors or defects will be corrected.
You agree to indemnify, defend and hold harmless OneOpinion, its parents, affiliates and subsidiaries and each of their respective divisions, members, managers, shareholders, directors, officers, employees and agents ("Indemnified Parties") from and against any and all claims, liabilities, losses, judgments, awards, fines, penalties and costs and/or expenses of any kind, including, without limitation, reasonable attorneys' fees and court costs, arising out of, resulting from, in connection with, or caused by, whether directly or indirectly, your breach or violation of these Terms and Conditions or use of the Site.
XV. LIMITATION OF LIABILITY
Under no circumstances shall OneOpinion or any of its partners, agents, affiliates, or licensors or Indemnified Parties be liable to you or any other person for any indirect, direct, incidental, special or consequential and/or punitive damages arising out of or relating to this Agreement, or use or attempted use of the Site. Your sole and exclusive remedy hereunder shall be for you to discontinue your use of the Site. You and OneOpinion agree that any cause of action arising out of or related to the Site or any information or services must be commenced within one (1) year after the cause of action accrues. Otherwise, such cause of action is permanently barred. In any event for any reason under any theory, OneOpinion's liability shall not exceed $1,000.
XVI. 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 regarding your use of, and/or access to the Site; membership to, in, or with the Panel; and/or participation in the surveys.
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.
XVIII. DISPUTES; ARBITRATION
Any disputes and/or claims arising out of or related to this Agreement, the Site, the OneOpinion Panel or any surveys relating to this Agreement shall be resolved exclusively through the use of binding arbitration. Such arbitration shall be subject to the Federal Arbitration Act and the rules of the American Arbitration Association, which shall govern such arbitration and shall be conducted before a single arbitrator in Fairfield County, Connecticut, USA. Any claimants shall have their claims/disputes resolved on an individual basis. Class action arbitration is prohibited under this Agreement. Neither you nor OneOpinion shall be entitled to join or consolidate claims in arbitration by or against other users or arbitrate any claims as a member of a class or in a private attorney general capacity. Each party shall bear its own costs, including any attorneys' fees, associated with such arbitration.
XIX. SUSPENSION AND TERMINATION
OneOpinion reserves the rights to, without any notice and at its sole discretion, terminate this Agreement and your membership in the OneOpinion Panel immediately if it has reason to believe that you are in breach of this Agreement at any time. You can terminate your participation in this Agreement at any time by unsubscribing from the OneOpinion Panel. OneOpinion reserves the right to terminate your Account for any reason upon 30 days prior notice. Any termination pursuant to this paragraph immediately cancels all OneOpinion Rewards in your Account, including those Rewards subject to an outstanding redemption request.
Your Account may be set to inactive if we receive a bounce-back error message, an inbox full message, an email undeliverable message or similar message when sending emails to you or if we see no activity in your account for a period of ninety (90) days. ("Activity" is defined as starting one survey and answering all questions asked of you for that survey. If we see no activity in your account for a ninety (90) day period, we may give you 30 days' notice, and if you do not remedy the situation by engaging in some Activity during that 30-day period, we will cancel your account and you will forfeit any OneOpinion Reward in your Account.
XXI. OPT-OUT POLICY
By becoming a Member, you agree to receive emails from OneOpinion inviting you to participate in surveys. Participation in any survey(s) is strictly voluntary. You may opt-out from any further participation, at any time, by visiting your dashboard and clicking on "Unsubscribe" at the site.
XXII. ACCOUNT CANCELLATION
You may cancel your Account any time by visiting your dashboard and clicking on the "Unsubscribe" link at the bottom of the page. If you cancel your Account, you will forfeit any OneOpinion Reward in your Account. In addition, any of your requested or pending redemptions payments will be removed and forfeited.
XXIII. MISCELLANEOUS TERMS
The headings contained in these Terms and Conditions are for reference only and shall have no effect on the interpretation and/or application of this Agreement. OneOpinion's failure to enforce a breach by you of these Terms and Conditions shall not waive or release you from such breach and shall not waive, release or prevent OneOpinion from enforcing any subsequent breach by you of these Terms and Conditions. These Terms and Conditions, any policy or policies referenced or incorporated herein, and any Panel specific requirements, represent the entire understanding and agreement between OneOpinion and you with respect to the subject matter hereof.
By accessing the Site and agreeing to become a OneOpinion Panel Member and/or agreeing to participate in OneOpinion surveys you signify your acceptance of these Terms and Conditions.
XXV. CHANGES TO THESE TERMS AND CONDITIONS
OneOpinion shall have the right at any time to (a) change these Terms and Conditions, and to (b) change the Site, including eliminating or discontinuing any content or feature of the Site, restricting the hours of availability, or limiting the amount of use permitted. Such changes, modifications, additions, or deletions shall be effective immediately upon notice thereof, which may be given by means including, but not limited to, posting on the Site, or by electronic mail, or by conventional mail. Your use of the Site after such notice shall be deemed to constitute your acceptance of such changes, modifications, additions, or deletions. You are expected to review these Terms and Conditions periodically to ensure familiarity with the most current version.
XXVI. QUESTIONS regarding these Terms and Conditions should be directed to:
53 Riverside Avenue
Westport, Connecticut 0688