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Terms and Conditions

Terms and Conditions
LAST UPDATED: 1/1/2015

Welcome to the ZoomPanel Website (the "Site"), owned and operated by Critical Mix, Inc. ("ZoomPanel"), 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 ZoomPanel panel, your participation in the surveys and other activities we offer, 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 ZoomPanel Panel (the "Panel").

I. TERMS OF USE

By accessing this Site you acknowledge and agree that this Site, and this Agreement, will be construed and evaluated according to the laws of the State of Connecticut and the United States. If you use this Site from other locations you are responsible for compliance with any and all applicable local laws. If you are providing personally identifiable information ("Personal Information") and are not a resident of the United States, your country's laws governing data collection and use may differ from those in the United States, in particular, the U.S. may not provide the same level of protections as those in your own country. By providing information to ZoomPanel, you are transferring your Personal Information to the United States, and you consent to that transfer and to the processing of your Personal Information in the United States. Your use of this Site, membership in our Panel and participation in our surveys through the Site are subject to these terms of use incorporated in this Agreement. Our Agreement may be updated or revised from time to time without notice to you. If you do not agree with any of the terms of this Agreement, you may not access or use the Site, join our Panel or participate in any of the surveys through this Site. By using this Site, you are agreeing to be legally bound by and to comply with each of the terms of this Agreement.

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 ZoomPanel, 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 ZoomPanel survey(s). ZoomPanel reserves the right to refuse to offer or provide Panel membership or other services to anyone, at anytime, in its sole discretion.

III. PRIVACY

ZoomPanel's use of your Personal Information and your use of the Site are governed by our Privacy Policy, which is incorporated herein and subject to these Terms of Use. For more information about our privacy practices, please review ZoomPanel's Privacy Policy.

IV. REGISTRATION

In order to participate in surveys from ZoomPanel, 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 ZoomPanel 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 ZoomPanel that is untrue, inaccurate, not current, or incomplete, or if ZoomPanel has reasonable grounds to suspect such information is untrue, inaccurate, not current, or incomplete, or if you are maintaining more than one Account, ZoomPanel 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 ZoomPanel 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"), ZoomPanel 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 ZoomPanel 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 ("ZoomPanel Rewards") for completing surveys or participating in other activities. In order to earn ZoomPanel 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 ZoomPanel 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 the ZoomPanel Rewards offered in the invitation, however, you may earn a smaller amount of ZoomPanel rewards for starting and completing the survey without qualifying. All ZoomPanel Rewards expire 12 months from the date that they are credited to your Account

The ZoomPanel 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 ZoomPanel 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 ZoomPanel Rewards or other credits in your Account at any time and such changed rules will apply to ZoomPanel Rewards already accrued as well as to ZoomPanel Rewards accrued in the future. You may request the redemption of ZoomPanel 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 quarterly or other sweepstakes. Redeeming ZoomPanel 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 ZOOMPANEL REWARDS FOR ANY ITEM UNTIL YOU HAVE ACCRUED MAINTAINED AT LEAST TWENTY-FIVE THOUSAND VALID ZOOMPANEL REWARDS IN YOUR ACCOUNT (THE "MINIMUM REDEMPTION AMOUNT"). REDEMPTION FOR LESS THAN TWENTY-FIVE THOUSAND VALID ZOOMPANEL REWARDS MAY BE OFFERED FROM TIME TO TIME. YOU HAVE NO RIGHT TO REDEEM THE "ZOOMPANEL 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 "ZOOMPANEL 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 "ZOOMPANEL REWARDS" IN YOUR ACCOUNT HAVE NO CASH VALUE.

3. Redemption Request: You can request the redemption of your valid ZoomPanel 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 ZoomPanel 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 ZoomPanel Rewards redemptions, including liability arising from your accrual of ZoomPanel Rewards or your redemption of ZoomPanel 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 ZoomPanel Rewards, and no redemption will be made to you.

5. Redemption Schedule: Requests to redeem ZoomPanel 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: ZoomPanel reserves the right at its sole discretion to request further information from Members to avoid fraudulent activity. ZoomPanel 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 800-651-6292. All decisions by ZoomPanel 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:

  1. 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;
  2. Send to ZoomPanel, 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;
  3. Send unsolicited emails, including, without limitation, promotions and/or advertising of products or services;
  4. Open, attempt to open, use, or maintain more than one (1) membership account within the ZoomPanel Panel;
  5. Forge or mask your true identity in any email or posting;
  6. Frame a portion(s) of the Site within another website or alter the appearance of the Site;
  7. Establish links from any other website to any page of, on, or located within the Site, without the prior express written permission of ZoomPanel;
  8. 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);
  9. Intentionally or willfully submit falsified data or commit any other fraudulent act(s) in connection with use of the panel or survey system;
  10. 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
  11. Encourage and/or advise any individual, including, without limitation, any ZoomPanel employee, to commit any act(s) prohibited hereunder.

VIII. PROFILE UPDATES & CONTACT INFORMATION

You agree to promptly notify ZoomPanel 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 ZoomPanel. 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 ZoomPanel 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 ZoomPanel.

By submitting or transmitting any information, communication, and/or material to ZoomPanel, 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 ZoomPanel 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.

X. SECURITY

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. ZoomPanel 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 ZoomPanel may provide you with the ability to voluntarily link or connect to websites maintained and/or operated by third parties ("Third Party Websites"). ZoomPanel 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. ZoomPanel 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 ZOOMPANEL

Any Submitted Content you submit or transmit to ZoomPanel, 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 ZoomPanel's Privacy Notice, you acknowledge and agree that any Submitted Content submitted or transmitted to ZoomPanel by you is submitted or transmitted on a non-confidential basis and that ZoomPanel may use such Submitted Content for any legal purpose(s). Any communication from ZoomPanel to you shall be deemed delivered and received by you upon ZoomPanels 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. ZoomPanel 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.

XIV. INDEMNIFICATION

You agree to indemnify, defend and hold harmless ZoomPanel, 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 ZoomPanel 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 ZoomPanel 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, ZoomPanel'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.

XVII. SEVERABILITY

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 ZoomPanel 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 ZoomPanel 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

ZoomPanel reserves the rights to, without any notice and at its sole discretion, terminate this Agreement and your membership in the ZoomPanel 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 ZoomPanel Panel. ZoomPanel reserves the right to terminate your Account for any reason upon 30 days prior notice. Any termination pursuant to this paragraph immediately cancels all ZoomPanel Rewards in your Account, including those Rewards subject to an outstanding redemption request.

XX. INACTIVITY

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 ZoomPanel Reward in your Account.

XXI. OPT-OUT POLICY

By becoming a Member, you agree to receive emails from ZoomPanel 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 ZoomPanel 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. ZoomPanel'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 ZoomPanel 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 ZoomPanel and you with respect to the subject matter hereof.

XXIV. AGREEMENT

By accessing the Site and agreeing to become a ZoomPanel Panel Member and/or agreeing to participate in ZoomPanel surveys you signify your acceptance of these Terms and Conditions.

XXV. CHANGES TO THESE TERMS AND CONDITIONS

ZoomPanel 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

Questions regarding these Terms and Conditions should be directed to:

General Counsel
Critical Mix, Inc.
53 Riverside Avenue
Westport, Connecticut 06880