Last Updated: 4/15/2013
This is the TXNOpinions.com web site, the home page of which is currently located at www.TXNOpinions.com (the “Website”).
The Website is owned by TXNOpinions.com, LLC (“TXNOpinions”) whose postal address is 1675 Larimer Street, Suite 640, Denver, CO 80202.
By using the Website, you are representing that you are at least 13 years old. The Website is expressly not designed for or directed to children under the age of 13. We reserve the right to take any action necessary to protect ourselves and our users if we believe that any person under the age of 13 has used our Website in contravention of this section, including deleting all information provided by such person and using technical measures, such as IP address blocking, to prevent such person from attempting to access the Website.
2. Use of the Website; Participation in Services
The purpose of the Website is to connect users like you with third party companies (the “Companies” or a “Company”) that have a need to collect opinions, reviews, and experiences on their products or products of their clients (the “Surveys” or a “Survey”) and are willing to provide certain compensation or benefits for doing so (the “Rewards”). By using the Website, you expressly acknowledge that we act solely as a neutral interactive service provider that provides a website where you can participate in certain opportunities provided by third parties. As such, you expressly acknowledge and agree that we are not responsible, nor shall we be liable, for any interaction you may have with such Companies and you hereby waive any claim you may have against us as a result of such interaction and shall look only to the applicable Company for satisfaction of any such claim.
3. Ownership of Content
4. Access to the Website
You are responsible for obtaining access to the Website and understand that access may involve third party fees (such as Internet services provider or airtime charges). You are responsible for those fees. In addition, you must provide and are responsible for all equipment necessary to access the Website. In order to access and use certain features of the Website, you will have to create an account (“Member Account”). Only one account per person may be created.
We take commercially reasonable precautions and have implemented commercially reasonable technical measures intended to protect against the risks of unauthorized access to, erroneous disclosure of, and unlawful interception of information submitted via the Website. However, it is possible that other users or unauthorized “hackers” may post or transmit offensive or obscene materials on the Website and that you may be involuntarily exposed to such materials. It may also be possible for other users or “hackers” to obtain personal information about you. By using the Website, you assume the risk of such occurrences.
For each Survey you complete at TXNOpinions you will be awarded the Reward amount specified on the Website or in the email invitation in connection with such Survey. In certain circumstances, we may collect the reward from the Company on your behalf and remit it to you. In other cases, the Company may provide Rewards directly to you upon your submission of completed versions of the claim documentation requested by Company. Your expressly acknowledge and agree that:
- Where we collect and administer your Reward on behalf of a Company, provision of the Reward to you is contingent upon our receipt of the Reward from the applicable Company. In the event that any Company fails to provide the sufficient funds to satisfy the Reward to us, you agree that Company shall be solely liable for such failure and you shall look only to Company with respect to any claims you may have for the applicable Reward. For the avoidance of doubt, you expressly agree to release us and hold us harmless against any claim for any unpaid Rewards where the applicable Company has failed to provide the Reward to us.
- Where the applicable Company administers it’s own Reward program and provides Rewards directly to you, you agree that Company is solely responsible for such Reward and the Company alone, (and not us) is liable for any failure to pay such Reward or remit such reward in a timely manner. For the avoidance of doubt, you expressly agree to release us and hold us harmless against any claim for any unpaid Rewards where the applicable Company fails to provide the Reward to you.
You must complete the Survey in full to receive the Reward amount. For Rewards administered by us, you must earn the minimum amount of Rewards required to make a redemption stated on the Website, as such may be amended from time to time. To redeem your Rewards, you may access the ‘Rewards’ area of the site. Select the desired redemption option from those listed on the site and follow the instructions given to process your reward. The rewards represented in the ‘Rewards’ area of the site and the minimum redemption amount are subject to change by TXNOpinions at any time without prior notice. Rewards earned from participating in surveys are valid for one year from the award date. If unused on the 366th day after being deposited into your Member Account, your Reward will expire and be removed from your Member Account Balance. For example, if you are awarded $5.00 on April 15, 2012 and by April 16, 2013, the expired $5.00 Reward will be removed from your Member Account leaving a balance of $0.00. TXNOpinions will redeem rewards from your account based upon the award date. Your “oldest” reward funds will be deducted first, leaving your most recently earned rewards in your account.
8. Third Party Rewards Partners
Rewards that are provided by a Company or other third party are subject solely to rules and restrictions imposed by such Company or other third party with respect to usage requirements, restrictions on use, inactivity fees or expiration dates. All Gift Cards are issued as of the day upon which you redeem your Rewards and not the day you earn your Rewards. TXNOpinions assumes no liability, obligation or responsibility for, and makes no warranty with respect to, any such restrictions, rules or policies. For example, if you earn Rewards on January 1, 2013 and redeem your Rewards for an Amazon.com Gift Card on April 1, 2013, then: (a) Amazon.com is solely responsible for the rules, policies and restrictions governing such gift card; (b) the applicable date for determining the issuance of the reward is May 1, 2013, with respect to calculating expiration dates.
9. Member Conduct
You agree not to use TXNOpinions or this Website to:
- Violate any local, state, national or international law;
- Stalk, harass, or harm another individual;
- Collect or store personal data about other Members;
- Impersonate any person, or otherwise misrepresent Member’s identity; Interfere with, disrupt or violate the terms and conditions and operating rules of TXNOpinions or servers or networks connected to TXNOpinions;
- Disobey any requirements, procedures, policies, or regulations of such networks;
- Interfere with another Member’s use of TXNOpinions;
- Attempt to gain unauthorized access to TXNOpinions, or to other accounts, computer systems, or networks connected to TXNOpinions;
- Transmit any file that contains viruses, worms, Trojan horses, or any other contaminating or destructive features;
- Use the Website to conduct any illegal activity or solicit the performance of any illegal activity or other activity that infringes the rights of others; and
- Provide any false or untruthful answers to any survey questions. We reserve the right to withhold any Rewards if, in our sole discretion, we determine that you have engaged in any of the foregoing activities.
10. No Resale; Improper Use
You are expressly prohibited from using or accessing the Website, or attempting to promote the use of and access to the Website in connection with any plan, scheme, strategy, or purpose as a means of generating income by providing access to others. FOR THE AVOIDANCE OF DOUBT, YOU ARE EXPRESSLY PROHIBITED FROM MAKING ANY STATEMENT THAT SUGGESTS, IMPLIES, OR STATES THAT THE WEBSITE MAY BE USED FOR THE PURPOSE OF “WORKING FROM HOME.”
You agree to defend, indemnify and hold harmless TXNOpinions.com, LLC, its parent, subsidiaries, affiliates, officers, directors, employees, agents and licensees from any claims, losses, damages, expenses, demands, and costs (including without limitation reasonable attorneys fees), arising out of or relating to your use of the Website, receipt of any Reward, participation in any Survey and receipt of any product, including any product provided for testing purposes, by any Company. Further, you expressly release TXNOpinions.com, LLC, its parent, subsidiaries, affiliates, officers, directors, employees, and agree to hold the same harmless, from any claims you might have with respect to, arising out of or in connection with, your use of the Website, and permanently and irrevocably waive all such claims.
13. Disclaimer of Warranties
WITHOUT LIMITING THE FOREGOING, THE CONTENT AND ALL OTHER FEATURES ON THE WEBSITE ARE PROVIDED TO YOU “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND WITH RESPECT TO THE WEBSITE AND/OR CONTENT, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT. SHOULD APPLICABLE LAW NOT PERMIT THE FOREGOING EXCLUSION OF EXPRESS OR IMPLIED WARRANTIES, THEN TXNOPINIONS AND EACH COMPANY HEREBY GRANTS THE MINIMUM EXPRESS OR IMPLIED WARRANTY REQUIRED BY SUCH APPLICABLE LAW. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM TXNOPINIONS OR A COMPANY, ITS EMPLOYEES, AGENTS, SUPPLIERS OR ANY OTHER PERSONS SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS SECTION. ADDITIONALLY, TXNOPINIONS AND EACH COMPANY DOES NOT MAKE ANY WARRANTIES THAT THE WEBSITE WILL BE UNINTERRUPTED, SECURE OR ERROR FREE OR THAT YOUR USE OF THE WEBSITE WILL MEET YOUR EXPECTATIONS, OR THAT THE WEBSITE, CONTENT, OR ANY PORTION THEREOF, IS CORRECT, ACCURATE, OR RELIABLE. TXNOPINIONS AND EACH COMPANY RESERVES THE RIGHT TO CHANGE ANY PART OF THE WEBSITE AT ANYTIME WITHOUT NOTICE. WE EXPRESSLY DISCLAIM ANY WARRANTIES IN CONNECTION WITH ANY REWARDS OR PRODUCTS OR SERVICES PROVIDED BY TXNOPINIONS OR A COMPANY.
14. Limitation on Liability
15. Choice of Law and Enforcement
16. No Framing; Links; Third Party Websites
Framing, in-line linking or other methods of association with the Website are expressly prohibited without our prior written approval.