Introduction(v. 2.0 November 2006)
By joining and participating in ZoomPanel, you ("you" or "Member") acknowledge and accept these ZoomPanel Terms of Service ("TOS"), which are subject to change from time to time upon notice to you. Your continued membership in ZoomPanel constitutes acknowledgement and acceptance of any modification to these TOS.
IF YOU OBJECT TO ANY OF THE TERMS AND CONDITIONS OF THESE TOS, OR ANY SUBSEQUENT MODIFICATIONS THERETO, YOUR ONLY RECOURSE IS TO IMMEDIATELY DISCONTINUE PARTICIPATION IN ZOOMPANEL AND TO TERMINATE YOUR MEMBERSHIP.
ZoomPanel reserves the right to modify or discontinue the ZoomPanel program with or without notice to you.
ZoomPanel is a service provided by MarketTools, Inc. ("MarketTools"), the defining provider of on-demand market research, through the website ZoomPanel.com (the "Website").
ZoomPanel members may earn points for participating in surveys ("Points"), gift cards or other incentives (collectively, "Incentives") in return for their membership and completion of ZoomPanel market research studies. Points and Incentives provided by MarketTools, Inc. are governed by the ZoomRewards Terms of Service ("ZRTOS"); Incentives provided by third parties are governed by rules and agreements between you and such third party.
ZoomPanel is under no obligation to provide members with any particular number of opportunities to participate in market research studies. ZoomPanel reserves the right to limit ZoomPanel enrollment at any time.
Only individual persons 18 years or older and residing in the U.S, Canada, United Kingdom, France and Australia may enroll and become members of ZoomPanel. Corporations or other business entities are not eligible to become Members.
ZoomPanel membership and use is limited to one individual per ZoomPanel account unless otherwise approved by ZoomPanel in advance in writing.
ZoomPanel allows only one email address per Member. You agree to provide only true and accurate information to ZoomPanel in to answer all market research studies truthfully and thoughtfully.
As a ZoomPanel Member, you agree not to reproduce, share or disclose any surveys, questions, content or materials presented for evaluation.
You agree not to engage in conduct that is detrimental to the interests of MarketTools, its customers, ZoomPanel.com or ZoomRewards.com, including, without limitation, violating these TOS, the ZRTOS, having multiple ZoomPanel accounts, participating in redemption fraud, and tampering with ZoomPanel survey links.
You agree to promptly notify ZoomPanel of any change in your address (mail or email) or personal profile by updating your personal information in the My Account section of the Website. Your discontinued participation in ZoomPanel or failure to notify ZoomPanel of any address (mail or email) or profile changes may result in the termination of membership and cancellation and forfeiture of your unredeemed Points.
Compliance with Laws
You shall comply with all laws, rules, and regulations that are applicable to you. You acknowledge that you may only participate in ZoomPanel if and to the extent that such participation is permitted by such laws, rules, and regulations.
Disclaimer of Warranties
You expressly agree that use of ZoomPanel is at your sole risk.
ZoomPanel and all services offered therein are provided on a strictly "as is" and "as available" basis. ZOOMPANEL MAKES NO WARRANTY WITH REGARD TO SERVICES OR REWARDS OBTAINED BY YOU THROUGH ZOOMPANEL OR THROUGH ZOOMPANEL's PARTNERS; THAT ZOOMPANEL WILL MEET YOUR REQUIREMENTS; OR THAT ZOOMPANEL WILL BE UNINTERRUPTED, TIMELY, ERROR FREE; NOR DOES ZOOMPANEL MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF ZOOMPANEL OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH ZOOMPANEL.
ZoomPanel expressly disclaims any and all express and implied warranties, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. ZoomPanel shall not be liable or responsible for those guarantees, warranties, and representations, if any, offered by ZoomPanel's customers, clients, partners, manufacturers of merchandise, suppliers of services or other third parties. No advice or information, whether oral or written, obtained by you from ZoomPanel or through ZoomPanel shall create any warranty not expressly made herein.
Limitation of Liability
ZoomPanel's refusal to enroll you, or to restrict, modify, or terminate your membership in ZoomPanel, based on a suspected or actual violation of these TOS shall be without liability to you or any other party.
ZOOMPANEL SHALL NOT BE LIABLE FOR ANY DAMAGES, WHETHER DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL, RELATING TO YOUR PARTICIPATION OR INABILITY TO PARTICIPATE IN ZOOMPANEL MARKET RESEARCH STUDIES. SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES; SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
Third Party Services
You acknowledge and agrees that ZoomPanel neither endorses the contents of advertisements or third parties' Web sites, nor assumes responsibility or liability for the accuracy of material contained therein, or any infringement of third party intellectual property rights arising there from, or any fraud or other crime facilitated thereby.
YOU UNDERSTAND AND AGREE THAT (a) AT ANY TIME EITHER YOU OR ZOOMPANEL MAY TERMINATE YOUR MEMBERSHIP WITH OR WITHOUT CAUSE AND (b) UPON TERMINATION, YOUR RIGHT TO USE YOUR MEMBERSHIP IMMEDIATELY CEASES AND YOUR UNREDEEMED POINTS SHALL BE CANCELLED AND FORFEITED.
ZoomPanel reserves the right to terminate or disable, at its sole discretion, any ZoomPanel membership if ZoomPanel believes that such you have violated or acted inconsistently with these TOS or otherwise engaged in suspected abuse or fraud. In addition, ZoomPanel reserves the right to terminate or disable, at its sole discretion, any ZoomPanel membership if ZoomPanel believes that your survey response pattern appears suspect or deliberately untruthful. Any such decision or ensuing termination/disablement will be final and binding.
ZoomPanel reserves the right to terminate or disable, and cancel unredeemed Points in, ZoomPanel accounts that are inactive for a period of three (3) consecutive months. "Inactive" shall be defined by ZoomPanel in its sole discretion from time to time, and shall include, but not be limited to, clicking on a survey invitation link, or participation in a survey.
You understand that, in some cases following termination, you may still receive pre-scheduled messages for a period of time following termination.
Should you object to any of the terms and conditions of these TOS, or any subsequent modifications thereto, or become dissatisfied with ZoomPanel, your only recourse is to immediately discontinue participation in ZoomPanel and properly terminate your membership.
Termination of your membership by you is effective upon your submission of a termination request at the Cancel Account page of the Website.
Your right to use ZoomPanel is non-transferable, and is non-transferable upon death, as part of a domestic relations matter or otherwise by operation of law.
Proprietary Rights to Content and other Intellectual Property
You acknowledge that ZoomPanel content (including but not limited to text, sound, photographs, graphics, or other material contained in any ZoomPanel communication, advertisements, or messages, whether by ZoomPanel or ZoomPanel's customers, clients or partners), service and software are protected by copyrights, trademarks, service marks, patents, and/or other proprietary rights and laws; therefore, you are only permitted to use content, service, or software as expressly authorized by ZoomPanel, its clients and partners, as the case may be. Except as expressly provided MarketTools, ZoomPanel and its customers, clients and partners retain title, ownership and all rights and interests in and to their respective intellectual property.
ZoomPanel reserves the right to change these TOS, and/or any part thereof, at any time upon notice to you. You understand that the most recent version of these TOS will be located on the Website.
All notices given by ZoomPanel to you will be given by email, regular mail or by general posting on the Website.
You agree to indemnify and hold MarketTools, ZoomPanel, its affiliates, officers, and employees harmless from any claim, demand, expense, loss or damage, including reasonable attorneys' fees, relating to your use of ZoomPanel or violation of these TOS.
These TOS shall be governed by the law of the State of California, excluding its conflict of law principles.
Any dispute or claim arising out of or in relation to these TOS, or the interpretation, making, performance, breach, or termination thereof, shall be finally settled by binding arbitration in San Francisco, California, USA, under the Commercial Arbitration Rules of the American Arbitration Association (the "Rules") by three arbitrators appointed in accordance with said Rules. Judgment on the award rendered by the arbitrators may be entered in any court having jurisdiction thereof. You and ZoomPanel agree that, any provision of applicable law notwithstanding, neither party will request, and the arbitrators shall have no authority to award, punitive or exemplary damages against the other party. At either party's request, the arbitrators shall issue a written decision explaining the facts and legal reasoning on which their decision is based. The arbitration proceedings shall be conducted in the English language. As the sole exception to the foregoing agreements on exclusive jurisdiction and arbitration, either party may, at its sole discretion, seek preliminary or permanent injunctive relief in any court of competent jurisdiction. The prevailing party in any Dispute shall be entitled to reasonable attorneys' fees and costs in addition to any other relief to which that party may be entitled.
These TOS constitutes the complete and exclusive understanding between ZoomPanel and you relating to the subject matter hereof and supersedes all prior or contemporaneous understandings, agreements, communications, and/or advertising with respect to such subject matter.
If any provision(s) of these TOS is held by the arbitrators to be contrary to law, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties with the other provisions remaining in full force and effect.
ZoomPanel's failure to exercise or enforce any right or provision of these TOS shall not constitute a waiver of such right or provision unless acknowledged and agreed to by ZoomPanel in writing.