SURVEYS ON THE GO, LLC
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.
2) MEMBER REGISTRATION OBLIGATIONS
3) PASSWORDS AND ACCOUNT ACCESS
4) PASSWORD/ACCOUNT ACCESS RIGHTS AND RESPONSIBILITIES
5) SURVEY PARTICIPATION
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.
7) REDEEMING INCENTIVES
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:
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.
This Member Agreement, and your account, may be terminated as follows:
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:
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.
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).
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.
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.