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SURVEYS ON THE GO, LLC

MEMBER AGREEMENT & PRIVACY POLICY

I. TERMS AND CONDITIONS

Surveys On The Go® App ("SOTG") is provided by Surveys On The Go® LLC ("SOTG LLC"). SOTG Membership is provided subject to Member's compliance with the terms and conditions of this agreement ("Member Agreement").

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

If you do not agree to the terms and conditions set forth below, you may not access or use SOTG.

1) ELIGIBILITY

  1. Employees of SOTG LLC, its subsidiaries and affiliates are not permitted to have a SOTG account.
  2. SOTG is limited to individuals only. Corporations and other business entities are not eligible.
  3. Use of automated services or machines is not permitted.
  4. SOTG is limited to one (1) account per person, even if the individual has multiple e-mail addresses.

2) MEMBER REGISTRATION OBLIGATIONS

  1. In order to access and use SOTG, you need telecommunications access to a SOTG-accessible mobile device.
  2. You must supply a device and services, such as telephone service, necessary to access SOTG at your expense, and must also pay all related third-party service fees (including ISP charges). SOTG LLC is not responsible for any expenses incurred by you while accessing or using SOTG.
  3. You agree to provide true, accurate, current, and complete information as prompted by the system's profile form and agree to maintain and to update the profile data when needed. If you provide untrue, inaccurate, not current, or incomplete information, SOTG LLC may suspend or terminate your account immediately and refuse all current or future use of SOTG.

3) PASSWORDS AND ACCOUNT ACCESS

  1. Member's Password Account Access Rights & Responsibilities
    1. As part of the registration process you must select a password.
    2. In order to prevent unauthorized activity or access to your SOTG account, you must provide your e-mail address and selected password in order to update your profile information, update personal information (name, e-mail address, etc.) and redeem cash incentives.
    3. For security purposes, it is recommended that you memorize, and not to write down, your password.
    4. You are responsible for keeping your e-mail address and password confidential, and you are solely responsible for all activities that occur under your e-mail address and password, including all unauthorized activities.
    5. You agree to (1) log out from your SOTG account at the end of each session, and (2) immediately notify SOTG LLC of any unauthorized use of your e-mail address and password or any other breach of security related to SOTG.
    6. You agree to abide by all applicable laws and regulations with respect to your SOTG account.

4) PASSWORD/ACCOUNT ACCESS RIGHTS AND RESPONSIBILITIES

  1. SOTG LLC will not share your password or email address with any other party.
  2. SOTG LLC may act upon any instructions received under your password and e-mail address without further verification.
  3. SOTG LLC cannot and will not be liable for any credits or debits made to your account by anyone who uses your password.

5) SURVEY PARTICIPATION

  1. Member's Participation in SOTG, Client, Sponsor or Incentive Partner Surveys; Rights & Responsibilities
    1. Participation in SOTG surveys is solely at your discretion.
    2. SOTG LLC will not be in any way responsible for personally identifiable information that you may voluntarily share with any current or future Client, Sponsor or Incentive Partner in the course of participating in a survey.
  2. SOTG LLC's Participation in Client, Sponsor or Incentive Partner Surveys; Rights & Responsibilities
    1. SOTG LLC has no liability, obligation or responsibility for, and makes no warranty with respect to, any content provided by SOTG LLC's Clients, Sponsors or Incentive Partners, or any part thereof.
    2. SOTG LLC has no liability, obligation, or responsibility for the preservation of privacy of any personal information provided by you to any Client, Sponsor or Incentive Partner.
    3. You agree that SOTG LLC shall not be responsible or liable for any loss or damage sustained as a result of any dealings between you and any Client, Sponsor or Incentive Partner.

6) EARNING SOTG CASH INCENTIVES

You agree to receive invitations to participate in surveys from SOTG via electronic mail and the SOTG "push/badge" notification system.

  1. You can earn SOTG cash incentives each time you complete a survey.
  2. The amount of cash incentives that can be earned will be stipulated in each survey invitation.
  3. Not all surveys will include cash incentives and you are not required to participate in any survey.
  4. You will be paid only for completed and submitted surveys unless the survey invitation stipulates otherwise.
  5. If you begin, then save a survey to complete at a later time or date, you acknowledge that survey respondent quotas may fill up, resulting in the survey being closed and preventing you from being able to complete the survey. You will not be entitled to any cash incentive if a survey closes before you submit the completed survey.

7) REDEEMING INCENTIVES

  1. Cash Incentives. You are not entitled to receive payment of cash rewards until your account reaches a minimum balance of $10.00 US.
    1. SOTG cash incentives are paid through PayPal only.
    2. SOTG account balances and/or incentives are not transferable by gift, upon death, as part of a domestic matter, or otherwise.
    3. SOTG cash incentives and accounts may not be auctioned, traded, bartered or sold.
    4. Your SOTG account may not be merged with the account of any other Member under any circumstances.
  2. SOTG LLC reserves the right to change the incentive program to include different types of awards other than cash, such as an award points system. In the event that the incentive program is changed from cash to a points system, you will be given equal value in points for the then existing balance in your account.

8) EXPIRATION OF SOTG INCENTIVES

If your account has been inactive for more than 365 consecutive days from the last date of activity, one hundred percent (100%) of any SOTG incentives remaining in your account will be forfeited.

9) SOTG LLC RIGHTS TO INTELLECTUAL PROPERTY

You agree that all right, title, interest, in and to SOTG, the copyright to SOTG and all portions thereto, and all other intellectual property and proprietary rights embodied in or related to SOTG, shall remain the exclusive property of SOTG LLC.

You agree that you will not copy, share or replicate any of the information, images or videos provided during surveys. Such action is a material violation of this Member Agreement and will result in immediate termination of your right to access and use SOTG as well as potential civil penalties.

You acknowledge and agree that SOTG and any necessary software provided by SOTG contain proprietary and confidential information that is protected by copyright and other applicable laws. You agree not to modify the 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 SOTG. You also agree not to copy, create a derivative work of, reverse engineer, reverse assemble such software or otherwise attempt to discover any of such software's source code.

10) MEMBER CONDUCT

You agree to not use SOTG to:

  1. Violate applicable law;
  2. Impersonate any person, or misrepresent your identity;
  3. Interfere with, disrupt or violate the terms and conditions and operating rules of SOTG or servers or networks connected to SOTG; or disobey any requirements, procedures, policies, or regulations of such networks;
  4. Interfere with another Member's use of SOTG;
  5. Attempt to gain unauthorized access to SOTG, or to other accounts, computer systems, or networks connected to SOTG;
  6. Transmit any file that contains viruses, worms, Trojan horses, or any other contaminating or destructive features;
  7. Use SOTG to conduct any activity or solicit the performance of any illegal activity or other activity that infringes the rights of others;
  8. Provide access to SOTG to others using your personal account.

You agree to provide truthful and appropriate answers to all survey questions and requests for personal or demographic information. SOTG LLC reserves the right to withhold cash or non-cash incentives to you if SOTG LLC determines, in good faith, that your responses to survey questions are not truthful or appropriately considered.

11) TERMINATION

This Member Agreement, and your account, may be terminated as follows:

  1. Member Termination. You have the right to terminate this Agreement and your SOTG account at any time by deleting the application from your mobile device. Inactive accounts will be automatically closed after 365 consecutive days of inactivity.
  2. SOTG Termination. SOTG LLC may terminate this Member Agreement and your SOTG account effective immediately and without prior notice, for any reason, including, without limitation, inactivity, failure to provide accurate information or valid survey responses, or if SOTG LLC believes that you have violated or acted inconsistently with this Member Agreement.

12) MODIFICATION OF TERMS AND CONDITIONS

SOTG LLC reserves the right to modify this Member Agreement at any time without prior notice. SOTG LLC may notify you of changes to this Member Agreement, via e-mail and/or by posting a notice on the SOTG app.

If you object to any changes to this Member Agreement, your sole remedy shall be to terminate this Membership Agreement.

13) TRADEMARK INFORMATION

Surveys On the Go ™, SOTG ™ and the SOTG logo are trademarks of SOTG, LLC. Other SOTG trademarks, as well as any third-party trademarks, service marks, logos, graphics and trade names on or through SOTG, are the property of their respective owners.

14) WARRANTIES DISCLAIMER

You agree that use of SOTG is solely at your risk. SOTG is provided on an "as is" and "as available" basis, without any representation or warranty of any nature whatsoever.

15) LIMITATION OF LIABILITY

You agree that neither SOTG LLC, its, subsidiaries, licensors, affiliates, or third-party providers, nor the officers, directors, employees or agents of any of them, shall be liable for any damages or losses, whether direct, indirect, incidental, special, consequential or exemplary, resulting from:

  1. The use or inability to use SOTG;
  2. The cost of procurement of substitute goods or services;
  3. Any transaction entered into or through SOTG;
  4. The reliance on or use of any information, goods, services or merchandise provided on SOTG;
  5. Unauthorized access to or alteration of your transmissions or data;
  6. Statements or conduct of any third party;
  7. Any claim attributable to errors, omissions or other inaccuracies in SOTG and/or materials or information retrieved through SOTG; or
  8. Any other matter relating to SOTG or this Member Agreement.

16) MISCELLANEOUS

This Member Agreement constitutes the exclusive agreement between SOTG and you relating to the subject matter of this Agreement. This Agreement supersedes any prior or concurrent communications and/or agreements with respect to such subject matter, oral or written.

If any provision(s) of this 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. SOTG LLC and you agree that all lawsuits or proceedings arising out of this Member Agreement or out of your use of SOTG shall be brought in the state or federal courts located in Orange County, CA.

Unless acknowledged and agreed to by SOTG LLC in writing, SOTG LLC's failure to exercise or enforce any right or provision of this Member Agreement shall not constitute a waiver of such right or provision.

You agree any claim or cause of action arising out of or related to this Agreement or the use of SOTG must be filed within one (1) year after the claim or cause of action arose.

You agree that neither the course of conduct between the parties nor trade practice shall act to modify any provision of this Member Agreement.

You agree that SOTG may assign its rights and delegate its duties under this Member Agreement to any party at any time without notice to you.

The captions of all sections in this Member Agreement are for convenience only and have no legal effect.

17) INDEMNIFICATION

You agree to indemnify and hold harmless SOTG LLC and its current and future subsidiaries, successors, affiliates, licensors, suppliers, co-branders, third-party providers, clients, sponsors, and partners, and the officers, directors, employees, and agents of each of them, from and against any and all claims, losses, costs (including court costs), fees (including legal fees), damages and expenses that any such party may incur as a result of, due to, or arising out of violation by you (or anyone acting under your account or password) of this Member Agreement or the use or misuse of SOTG by you (or anyone acting under your account or password), or the violation of any rights of another by you (or anyone acting under your account or password).

II. PRIVACY POLICY

At Surveys On The Go® ("SOTG"), we respect your preferences concerning the treatment of personal information that we may collect from your use of our apps, from your registration with one or more of our survey panels, or from your participation in our surveys. This policy lets you know how we collect and use your personal information.

1) Information Collection

We collect certain information about you and your use of our apps. This may includes information about your name, address, telephone number, email address, zip code, Internet domain and IP address, type of browser and operating system, and the date and time of your visit. If you use our Facebook app we may also collect the information you make public through your profile such as your name, date of birth, email address, and residence location. However, you control what specific information is made public through your use of your Facebook privacy settings. We use the information we gather primarily to learn about the number and geographic location of people who use our apps and the technology used, to assist in developing changes to our apps, as well as for business planning purposes.

2) Information Sharing

We will not make your personal information available to any other organizations or companies without your express prior consent except as set forth below.

If you register for one of our survey panels, each registrant provides us with certain personal information such as their name, e-mail address, zip code and certain demographic and other information so that we can match their survey participation with different types of surveys. Registration information is available to SOTG for use in future surveys conducted for SOTG clients or for its own studies. In no event, however, will SOTG divulge your personally identifiable information to any of our client organizations without your express prior consent, although we may need to share anonymous AGGREGATE demographic information we obtain from you.

If you participate in our surveys, the information you provide will be used only for that study and will not be used for unrelated, non-research purposes such as direct marketing, non-consent list generation, credit rating, push polling, fund-raising or other intrusive marketing or political activities. Unless you provide affirmative consent to allow yourself to be identified, your anonymity will be safeguarded.

As a general rule, we will not disclose your personally identifiable information except when we have your permission or under special circumstances, such as when we believe in good faith that the law requires it or when we have reason to believe that disclosing this information is necessary to identify, contact or bring legal action against someone who may be violating the law or our rights or interfering with (either intentionally or unintentionally) use of our apps or services. SOTG also reserves the right to transfer personally identifiable information to a buyer in connection with a sale of stock or assets, merger, or any other change of control transaction, or in the case of a bulk or partial sale, or other transfer (including third party panelist administration), of registrant information to another research organization / end user. Any future buyer or transferee would be required to honor SOTG's privacy policy.

3) Usage Tracking

Cookies are small text files or other forms of data which are stored on a computer by a website that assign a numerical user ID and stores certain information about the internet browsing activity of the user of a computer. SOTG uses session and persistent cookies to make it easier for you to navigate SOTG's apps, to provide a better experience for Survey participants, and for quality control and validation purposes. Session cookies expire when you close your browser. Persistent cookies remain on your computer, indefinitely, until deleted by you. Personal Information is not stored or collected in the cookies used by SOTG. You may disable and/or delete cookies via your browser and/or plug-in settings; however, this may: (1) decrease the functionality of the websites you visit; (2) limit your ability to use and view SOTG's apps; and (3) limit your participation in Surveys.

4) Geographic Location (GPS) Tracking

When you use SOTG's apps, you will receive prior notice and must give your consent before your geographic location is used or shared. We monitor, collect and use your wireless geographic location information obtained by our apps through your computer or mobile device, to provide you with geographically focused survey opportunities from SOTG and our clients and to maintain and improve our apps. The information you receive in connection with your use of SOTG's apps may include survey offers related to you and your specific geographic location. Please also be aware that persons with whom you share your computer or mobile device may log in to our apps and consent to our geographic location tracking of your computer or mobile device.


© 2013 Surveys On The Go®  ·  Terms and Conditions