Terms and Conditions

1. Terms and Conditions

Luth Research, LLC, owner of the SurveySavvy.com Web site, is an online market research service with over 1.5 million registered members worldwide. Luth Research, LLC is an affiliate of Luth Research, Inc., a preeminent market research firm with over two decades of experience conducting market research surveys. By responding to market research surveys, registered members of SurveySavvy.com significantly influence the development and marketing of products and services throughout the world. Individuals may register to become members of SurveySavvy.com, and if eligible, may participate in online surveys conducted on behalf of SurveySavvy.com clients. Members may receive incentive credits for responding to surveys upon verification of eligibility, completion and validation of survey responses. By visiting this Web site or registering to become a member, you agree to the following terms (“Terms and Conditions”). These Terms and Conditions (including the Privacy Policy and all documents referenced herein) constitute the entire agreement between you and Luth Research, LLC with respect to your use of the SurveySavvy.com Web site, your registration, membership, referrals and participation in surveys. The most current version of the Terms and Conditions are available for your review on the SurveySavvy.com Web site. TOP

2. Eligibility

Membership registration with SurveySavvy.com is limited to individuals who are allowed to register under the laws of the United States and under the laws of the jurisdiction in which the individual resides. Employees and directors of Luth Research, LLC and its affiliates are ineligible to participate in surveys. Employees of Luth Research, LLC and its affiliates may register as members solely to refer friends to SurveySavvy.com, but may not refer other employees of Luth Research, LLC or employees of affiliates. By registering as a member of SurveySavvy.com, you agree to be bound by all eligibility determinations made by Luth Research, LLC in accordance with each survey’s particular specifications, applicable survey research codes of ethics, applicable laws and these Terms and Conditions. Such eligibility determination shall be made by Luth Research, LLC in its sole discretion, and such decisions are final and binding TOP

3. Registration and Participation

To register for membership with SurveySavvy.com, you must provide all information required in the registration form and submit that form to SurveySavvy.com for validation and verification. Only one registration form per person may be submitted. You will designate your own email address and a unique password. You will be responsible for maintaining the confidentiality of your password and are fully responsible for all activities that occur under your email address and password. You agree to immediately notify SurveySavvy.com of any unauthorized use of your email address and password. By registering with SurveySavvy.com, you agree to receive email messages from SurveySavvy.com inviting you to participate in market research surveys and other information pertaining to your membership and the administration thereof. These communications are considered to be a necessary part of your membership and you may only opt out of receiving these messages by terminating your SurveySavvy.com membership. From time to time, SurveySavvy.com may request that other members of your household, including your children, participate in surveys under your email address and password. In such cases, SurveySavvy.com will provide an express invitation to you for their participation explaining the subject of the survey. You may accept or decline an invitation to participate in a survey at any time and may only use your email address and password to participate one time per survey. Except as described above, you may not allow any other person to use your email address or password to access SurveySavvy.com. No incentive credits will be earned for surveys completed by anyone other than the member or members of their household (or their children, if their children have been requested to complete a survey) under whose email address the survey is submitted. Members who permit any other persons to complete surveys under the member’s email address and password (except as authorized above) may be disqualified from any further participation in SurveySavvy.com. In consideration of your becoming a registered member, you represent that you are not barred from receiving internet access or participating in SurveySavvy.com under the laws of the United States or any other applicable jurisdiction. You also agree to: (i) provide accurate, current and complete information about yourself as required in the registration section; (ii) maintain and update the registration information to keep it accurate, current and complete; and (iii) comply with all applicable laws regarding the transmission of technical data exported from the United States, from the country in which you reside and to and from the country or countries in which you receive or transmit information to or from SurveySavvy.com. TOP

4. The Survey Process

From time to time, registered members will receive emails from SurveySavvy.com inviting them to participate in a survey currently being conducted. Surveys are conducted for the benefit of SurveySavvy.com and its clients who have requested market research for a particular product or service or group of products and/or services within a particular demographic segment or segments of the population. Since most clients will require their surveys to focus on specific demographic groups, not all registered members will be invited to participate in every survey and not all respondents to an email survey invitation will be allowed to complete each survey. Invitations to participate in surveys will be sent out based upon the demographic criteria provided by members during the registration process and by the additional information provided by members through SurveySavvy.com’s “My Portraits.” Registered members who agree to participate in a survey for which they have received an email invitation, may access the survey by clicking on the link provided in the email invitation. The respondent member will then be linked to a server containing a series of screening questions designed to ensure that a representative population of members meeting the client’s survey criteria are included in the survey process. The screening questions are not a part of the actual survey. The number of screening questions asked prior to the start of each survey will be limited in number but will vary by survey. Unless a particular survey has already received a sufficient number of responses or has otherwise been closed, those respondents that answer all the screening questions and meet all of the client requirements for the survey will be linked to the survey. Those members who then complete the survey and whose completed survey results are validated by SurveySavvy.com will be entitled to receive incentive credits as further outlined in the “Incentive Credits” section of these Terms and Conditions. SurveySavvy.com does not compensate members for answering screening questions, or for partially completed survey responses. SurveySavvy.com only receives compensation from its survey clients for completed and validated survey responses. Should a particular survey receive a sufficient number of responses prior to your completion of such survey, that survey may be closed to further participation. SurveySavvy.com reserves the right to close a survey at any time. TOP

5. Incentive Credits

SurveySavvy.com offers incentive credits to members in exchange for completed and validated surveys. Incentive credit(s) will be earned by a member for each completed survey after the member’s qualification to participate in a particular survey has been verified by SurveySavvy.com, the member completes that survey, and SurveySavvy.com validates the survey responses. The number of credit(s) earned for each completed and validated survey will vary based upon the nature and length of the survey. By registering and participating in surveys, you agree that SurveySavvy.com may contact you by telephone to conduct a brief validation (lasting approximately two minutes). SurveySavvy.com may require additional validation procedures to certify your eligibility and qualification as a member or survey participant. Members will receive incentive credits as described in this section for validated surveys completed by them and for validated surveys completed by their referrals who are also authorized members (Please see our Refer Friends section for more information). Members who have received incentive credits in their member account (either by completing a survey or by referring other member(s) who complete surveys) may request that such incentive credits be converted into cash and paid out to the member. All terms and conditions regarding your ability to receive incentive credits for participation in surveys and for referrals, conversion of credits into cash and payments to you may be changed or modified at any time with or without notice at the sole discretion of SurveySavvy.com. Members are responsible for any taxes due as a result of payments they receive for participating in SurveySavvy.com. We are required by law to issue an IRS Form 1099 to any member who is paid $600.00 or more annually for participation in surveys, for the participation of referrals, or both. You hereby agree, when requested, to provide all information necessary for SurveySavvy.com to comply with tax reporting requirements. Continuing participation of members in survey research benefits all parties involved. Members who regularly respond to survey invitations and provide complete responses to the associated surveys play a valuable role in market research and are rewarded by SurveySavvy.com for their participation. Such regular survey response participation also benefits the clients of SurveySavvy.com, who come to rely on SurveySavvy.com for timely survey responses to a variety of questions from a diverse group of survey respondents. Each member of SurveySavvy.com can benefit from updating their member contact information and regularly responding to survey invitations. SurveySavvy.com has made significant network infrastructure investments to provide this Web site, make it accessible to its members, and pay members cash incentives for complete and validated survey responses. While SurveySavvy.com does not charge its members any fees to join SurveySavvy.com or to respond to surveys, SurveySavvy.com is incurring increasing operating costs to maintain a membership directory for member accounts that show no activity for extended periods of time. In order to compensate for this investment in enhanced network infrastructure and costs incurred by SurveySavvy.com to track member survey response activity, SurveySavvy.com will impose a service charge (“Service Charge”) of $1 per month on each member account that has been inactive for a period of twelve months. “Inactive” shall mean that the member has not taken any of the following actions within a twelve-month period: (i) responded to any survey invitations; (ii) updated their member contact information on the member portion of the SurveySavvy.com Web site; (iii) referred individuals who have completed the registration process; (iv) completed any of the member portraits, and (v) withdrawn money from their member account (to the extent money was available for withdrawal). The Service Charge will continue to apply until the member takes any one of the actions specified in the preceding sentence or until the member’s account balance is reduced to zero. The Service Charge will not apply to members whose accounts are already at zero and the Service Charge will never result in a negative member account balance. If a member’s account has been charged a Service Charge, and the account balance reaches zero, that account will be designated as inactive but will remain in the SurveySavvy.com database. Furthermore, an account will be deactivated and considered “abandoned” if the member has not taken any of the following actions within a twenty four month period: (i) responded to any survey invitations; (ii) participated in SavvyConnect digital behavior tracking, or (iii) withdrawn money from their member account (to the extent money was available for withdrawal.) Members can reactivate and have the Service Charge(s) removed from their account by taking one of the following actions: (i) affirmatively responding to a survey invitation; or (ii) updating their personal information in the member contact information section of the SurveySavvy.com Web site. Inquiries regarding the reactivation of an account, the application of the Service Charge, or complying with procedures to have the Service Charge removed from a member account can be addressed to Support@SurveySavvy.com. Once SurveySavvy.com has verified that a member has complied with one of the actions necessary to remove the Service Charge, the account will be reactivated and any Service Charge(s) will be removed from the member’s account. TOP

6. Member Privacy

The privacy of our members and the confidentiality of the personal information they provide us are SurveySavvy.com’s top priority. Personal information will never be included with the survey response information we provide to our clients without the member’s consent, nor will we ever sell any of your personal information to any third party. Please refer to our Privacy policy for further details on the steps we take to ensure your privacy. TOP

7. Disqualification and Termination

Persons found engaging in the following activities may be disqualified from participating in surveys and from being compensated for surveys that they or their referrals complete, and their membership, if any, may be terminated immediately and without notice: (i) tampering with, disrupting, or attempting to disrupt, or any unauthorized use, misuse or abuse of any aspect of SurveySavvy.com or any client survey; (ii) violating any applicable law with respect to the use of SurveySavvy.com; (iii) allowing any unauthorized person to use your email address or password to access SurveySavvy.com; (iv) providing or maintaining incomplete or inaccurate registration information; (v) attempting to defraud the survey system through multiple entries for the same survey, false identification or email addresses, false registration, false impersonation or any other means; (vi) failing to provide complete and accurate information required for payment of incentives and/or tax reporting purposes; (vii) violating the Anti-Spam Policy or (viii) for any other material breach of these Terms and Conditions or the Privacy Policy. Termination for any of the aforementioned reasons includes: (i) removal of all access to participation in surveys and referral of new members; (ii) removal of all email address, password, incentive account and registration information; (iii) forfeiture of all incentive credits; and (iv) prohibition of future registration on and use of SurveySavvy.com. Termination for any of the aforementioned reasons may also subject such member to civil and criminal penalties and may result in legal action against such member. Members may also terminate their membership upon request. Such termination would include removal of all access to participation in surveys. SurveySavvy.com reserves the right to terminate the account of any member and/or modify, or discontinue temporarily or permanently the Web site, services and/or incentive programs (or any part thereof) with or without cause, notice or explanation. SurveySavvy.com shall not be liable to any member, former member or third party for any termination of a member or for any modification or discontinuance of the Web site, services or incentive programs (or any part thereof). SurveySavvy.com may invalidate a member’s participation in particular surveys if the respondent member does not meet the client’s requirements as evidenced by their responses to the screening questions, the survey is not completed within an allotted time frame or if any of the answers are deemed invalid during the validation procedures. Members will not receive incentive credit for survey participation or referrals for any surveys which are not completed and validated. TOP

8. Anti-Spam Policy

Spamming includes any of the following acts: (i) creating and disseminating or facilitating the dissemination of unsolicited or unauthorized material using a computer; (ii) manipulating identifiers, such as email headers, to disguise the origin of any content transmitted; and (iii) harvesting email addresses for the purposes of sending unsolicited or unauthorized material. Persons who generate or attempt to generate referrals to SurveySavvy.com through spamming will be disqualified from receiving any incentive credits or payments for their own participation in surveys and for the participation of any members they refer. SurveySavvy.com will terminate the membership of any persons who spam information about SurveySavvy.com and/or Luth Research, LLC and those persons will be permanently disqualified from future membership and from any other participation with SurveySavvy.com. TOP

9. Proprietary Rights

The SurveySavvy.com Web site is protected under U.S. patent law. All surveys and other content contained on, or linked to or from, the Web site are protected by copyright, trademark, service mark and other intellectual property laws, including US Patent #7,194,448 & US Patent #6,446,044. Except as expressly authorized by SurveySavvy.com, you agree not to use, reproduce, disclose, duplicate, modify, rent, lease, loan, sell, distribute, exploit for any commercial purpose, or create derivative works based upon the Web site, content or services provided therein, in whole or in part. SurveySavvy.com grants you a personal, non-commercial, non-transferable and non-exclusive license to use the object code of its software on a single computer for the limited purposes of registering as a member, completing surveys and referring prospective members, provided you do not (and you do not allow third parties to): (i) distribute, disclose, copy, modify, or create derivative works of the software or content; (ii) reverse engineer, reverse assemble, or otherwise attempt to discover any source code; or (iii) sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the software or content for any purpose. You agree to access the Web site only through the interface provided by SurveySavvy.com. TOP

10. WARRANTY DISCLAIMER AND LIMITATION OF LIABILITY

THIS SITE AND ALL CONTENT ON THIS SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. Luth Research, LLC AND SURVEYSAVVY.COM MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS OR SERVICES INCLUDED ON THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. LUTH RESEARCH, LLC AND SURVEYSAVVY.COM DO NOT WARRANT THAT THIS SITE, ITS SERVERS OR EMAIL SENT: (i) WILL MEET YOUR REQUIREMENTS; (ii) WILL BE UNINTERRUPTED, TIMELY, SECURE, ACCURATE OR ERROR-FREE; OR (iii) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. LUTH RESEARCH, LLC AND SURVEYSAVVY.COM ARE NOT RESPONSIBLE FOR LOST, INTERRUPTED OR UNAVAILABLE NETWORK SERVER OR OTHER CONNECTIONS, MISCOMMUNICATIONS, FAILED TELEPHONE OR COMPUTER TRANSMISSIONS, TECHNICAL FAILURE, JUMBLED, SCRAMBLED OR MISDIRECTED TRANSMISSIONS, DELETIONS OR DISCLOSURES OF DATA AND INFORMATION OR OTHER ERROR OF ANY KIND WHETHER HUMAN, MECHANICAL OR ELECTRONIC. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, LUTH RESEARCH, LLC AND SURVEYSAVVY.COM DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, ACCURACY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT. EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, Luth Research, LLC AND SURVEYSAVVY.COM WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND (WHETHER IN CONTRACT, STATUTE, TORT, STRICT LIABILITY OR UNDER ANY OTHER LEGAL THEORY) ARISING FROM THE USE OF THIS SITE, INCLUDING BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF USE, LOST PROFITS OR LOSS OF DATA, COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOSSES RESULTING FROM ANY DATA, INFORMATION OR SERVICES RECEIVED THROUGH THE USE OF THE WEB SITE, UNAUTHORIZED ACCESS TO OR ALTERATION, DELETION OR DISCLOSURE OF YOUR TRANSMISSIONS, INFORMATION OR DATA, THE PERFORMANCE, MISPERFORMANCE OR NONPERFORMANCE OF SERVICES, OR THE ACTS OR OMISSIONS OF THIRD PARTIES. SOME JURISDICTIONS DO NOT ALLOW FOR THE LIMITATION OF IMPLIED WARRANTIES OR THE EXCLUSION OF CERTAIN TYPES OF DAMAGES, IN WHICH CASE, SOME OR ALL OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN THE EVENT THAT A COURT OR ARBITRATION PANEL, AS THE CASE MAY BE, SHOULD HOLD THAT THE LIMITATIONS OF LIABILITIES OR REMEDIES AVAILABLE AS SET FORTH IN THESE TERMS AND CONDITIONS, OR ANY PORTIONS HEREOF, ARE UNENFORCEABLE FOR ANY REASON, OR THAT ANY OF YOUR REMEDIES UNDER THESE TERMS AND CONDITIONS FAIL, THEN YOU EXPRESSLY AGREE THAT UNDER NO CIRCUMSTANCES WILL THE TOTAL, AGGREGATE LIABILITY OF LUTH RESEARCH, LLC, SURVEYSAVVY.COM AND THEIR AFFILIATES, SUBSIDIARIES, AGENTS, DIRECTORS, OFFICERS, EMPLOYEES, REPRESENTATIVES, LICENSORS (INCLUDING THIRD PARTY SERVICE PROVIDERS) AND CLIENTS, TO YOU OR ANY PARTY CLAIMING BY OR THROUGH YOU FOR ANY CAUSE WHATSOEVER EXCEED THE INCENTIVES ACTUALLY AND VALIDLY OWED TO YOU BY SURVEYSAVVY.COM, REGARDLESS OF THE FORM OF ACTION AND WHETHER IN CONTRACT, STATUTE, TORT, STRICT LIABILITY OR OTHERWISE. TOP

11. Indemnity

You agree to indemnify and hold SurveySavvy.com, Luth Research, LLC and their affiliates, subsidiaries, agents, directors, officers, employees, representatives, licensors (including third party service providers) and clients harmless from any claims, demands, losses, costs and expenses, including attorneys’ fees, made by any person arising out of your violation of these Terms and Conditions, the Privacy Policy, state or federal laws or regulations, or any other person’s rights, including but not limited to infringement of any intellectual property right or violation of any proprietary or privacy right. TOP

12. Third Party Beneficiaries

You agree that SurveySavvy.com third party service providers are deemed to be third party beneficiaries of these Terms and Conditions. Except as expressly provided in these Terms and Conditions, there are no other third party beneficiaries. TOP

13. Trademarks

SurveySavvy.com and Luth Research Online and Luth Research are registered trademarks of Luth Research, LLC. Without the owner’s permission, you may not display or use these trademarks in any manner. TOP

14. Links

You may have been referred to this Web site or accessed this Web site through a link from a third party Web site. Luth Research, LLC and SurveySavvy.com do not own such third party sites and have no control over the information contained on such Web sites. As such, Luth Research, LLC and SurveySavvy.com are not responsible or liable for any content, advertising, products or services available from such Web sites or for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on the content, advertising, products or services contained on such Web sites. Beware of any Web site that asks you to pay them a fee in exchange for survey opportunities. Such sites may make claims regarding the number of surveys in which you can participate and the amount of money you can earn completing surveys online. They have made these claims without consulting SurveySavvy.com and we do not uphold these promises. Such sites, to our knowledge, have not been approved by any of the major market research industry organizations, including the Council of American Survey Research Organizations (CASRO), the Marketing Research Association (MRA), and the American Marketing Association (AMA). SurveySavvy.com makes no guarantee as to how many surveys you will be asked to respond to via our Web site, how many surveys you will qualify to complete based upon your responses to the screening questions or how much money you can earn responding to surveys. There are no fees associated with registering as a member of SurveySavvy.com or completing any online surveys for SurveySavvy.com. TOP

15. General

These Terms and Conditions (including the Privacy Policy) and all documents referenced herein constitute the entire agreement governing your use of the Web site and supersede all prior and contemporaneous agreements. These Terms and Conditions are made under and will be construed in accordance with the laws of Delaware, without reference to its conflict of laws principles. Each party consents to submit all disputes arising under these Terms and Conditions (excluding requests for injunction) exclusively to the American Arbitration Association (AAA) for binding arbitration. The arbitration shall be governed by the United States Arbitration Act, shall be conducted in San Diego, California, and judgment on the award may be entered by any court having jurisdiction. The arbitrator shall not limit, expand or modify the terms of these Terms and Conditions. All requests by any party to a court for interim protection (including any request for injunction) shall be subject to the exclusive jurisdiction of and venue in the state or federal courts of San Diego County, California and shall not affect either party’s obligation hereunder to arbitrate all other disputes. Each party shall bear its own expenses and an equal share of all arbitration fees and costs. The arbitrator(s) shall be competent in the legal and technical aspects of the subject matter of these Terms and Conditions. The arbitration hearings, orders and awards shall be held in confidence by all participants. The failure of SurveySavvy.com to exercise or enforce any provision of these Terms and Conditions shall not constitute a waiver of any such right or provision. If any provision is held to be unenforceable, such provision shall be struck and the remainder of these Terms and Conditions shall be maintained in full force and effect. Under no circumstances shall SurveySavvy.com, Luth Research, LLC, or any of their affiliates, subsidiaries agents, directors, officers, employees, representatives, licensors (including third party service providers) or clients be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond their reasonable control, including, without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in heat, light, or air conditioning. The United Nations Convention on Contracts for the International Sale of Goods and UCITA shall not apply to this Agreement. Any claim or cause of action arising out of or related to these Terms and Conditions or the use of the Web site, must be filed within one (1) year after such claim or cause of action arose, or be forever barred. You agree to be bound by any affirmation, assent or agreement you transmit through SurveySavvy.com. You agree that now and in the future, when you click on an “I agree” or “I consent” or other similarly worded online “button” or entry field with your mouse that your agreement or consent will be legally binding, enforceable and the equivalent of your handwritten signature. TOP