AGREEMENT BETWEEN MEMBER AND myCLEARopinion™ / CLEAR SEAS RESEARCH/ myPACKAGING Opinion Mobile Community
The myCLEARopinion™ Web Site is comprised of various Web pages operated by myCLEARopinion™ / Clear Seas Research. Users of the myCLEARopinion™ Web Site and the CLEARcash™ Rewards Program are “Members.”
Members’ access and use of the myCLEARopinion™ Web Site and the CLEARcash™ Rewards Program constitutes Member’s agreement to all such terms, conditions, and notices contained herein.
If Member does not agree to the terms, conditions and notices contained herein, Member may not use the myCLEARopinion™ Web Site and/or the CLEARcash™ Rewards Program.
Participation in myCLEARopinion™ is voluntary and all Members may unsubscribe at any time. myCLEARopinion™ is open to qualified users 18 years of age or older, excluding full or part-time employees of Clear Seas Research, their families and the parent company. The CLEARcash™ Rewards Program is open to qualified users 18 years of age or older and residing in the U.S. or Canada, excluding full or part-time employees of Clear Seas Research, their families and the parent company.
To become a Member of myCLEARopinion™, you must have a valid email account/address and a valid residential mailing address.
It is understood that payment for any survey is not intended in any way to establish an employer/employee relationship.
Member’s participation in the myCLEARopinion™ Web Site and/or CLEARcash™ Rewards Program is voluntary and solely at Member’s discretion. myCLEARopinion™ is not responsible for personally identifiable information that Member may voluntarily share with any Third Party Web Site (i.e. client, sponsor, partner or reward redemption web site).
Member needs computer equipment and telecommunication services access necessary to connect to and access the Internet. All equipment, services (including, where applicable, telephone service) and all related third-party service fees (such as Internet Service Provider charges, telephone service charges, etc.) necessary to access the myCLEARopinion™ Web Site and the CLEARcash™ Rewards Program will be provided at Member’s own expense.
myCLEARopinion™ is not responsible for Member’s inability to connect to the Internet, and subsequently the ability or lack thereof to sign-in to the myCLEARopinion™ Web Site, access their personal panelist page or participate in any activity associated with this site.
Machines, scripts, tampering with survey links or automated services used to accumulate monies or to earn rewards are strictly prohibited. Use of such a program will result in Member’s removal from myCLEARopinion™ and forfeiture of all earned monies, points or rewards.
Participation in myCLEARopinion™ is limited to one (1) account per person. myCLEARopinion™ allows only one (1) email address per member, even if the Member has multiple email addresses. Discovery of more than one (1) account per person may result in Member’s removal from myCLEARopinion™. Duplicate/multiple accounts are subject to cancellation without notification.
myCLEARopinion™ and CLEARcash™ Rewards Program account balances, points and rewards are non-transferable and are void if transferred. Member’s membership will terminate immediately in the event of Member’s death. CLEARcash™ Rewards Program and/or rewards may not be bartered or sold. Member’s accounts and CLEARcash™ Rewards Program are not transferable upon death or as part of a domestic relations matter or otherwise by operation of law.
myCLEARopinion™ accounts and CLEARcash™ Rewards Program points may not be merged under any circumstances.
CLEARcash™ account totals are subject to adjustment by myCLEARopinion™ / Clear Seas Research for activity that has been deemed in violation of the rules or deemed fraudulent. Members may not be notified of any such adjustments. myCLEARopinion™ reserves the right to disqualify any member/participant from receiving monetary rewards, points or payments if it is determined that any rules have been violated or Member has misrepresented himself/herself.
myCLEARopinion™ reserves the right to limit enrollment in the myCLEARopinion™ panel at any time.
myCLEARopinion™ reserves the right to send Members messages for which they may not be rewarded. Messages may include system updates, eNewsletters, flash bulletins, order confirmations, administrative announcements, special requests and other similar messages. These messages may be sent via postal mail or email.
Member must provide a valid email address and select a password as part of the registration process. myCLEARopinion™ will encrypt Member’s password in the database. Member is responsible for keeping Member’s email address and password confidential, and is solely responsible for all activities that occur under Member’s email address and password, including all unauthorized activities.
myCLEARopinion™ is entitled to access Member’s account and act on instructions received under Member’s password and email address.
myCLEARopinion™ will not be liable for any changes made to Member’s account by another individual who uses Member’s password, or for any loss or damage arising from Member’s failure to adequately safeguard Member’s email address and/or password; provided that such results are not attributable to failure of myCLEARopinion™, including but not limited to fraud or gross negligence on the part of myCLEARopinion™.
Member must immediately notify myCLEARopinion™ of any unauthorized use of Member’s email address and/or password or any other security breach related to the myCLEARopinion™ Web Site and/or the CLEARcash™ Rewards Program.
Sharing of account information, including but not limited to email address, password, etc., is strictly forbidden and will result in the termination of Member’s myCLEARopinion™ membership.
Member agrees to provide truthful, accurate, current, and complete information to myCLEARopinion™ at all times and may be required to verify that all information provided is current and accurate. Proof of identification may be needed to claim rewards.
Member agrees to confirm that all information in Member’s personal profile is up-to-date and accurate. Member agrees to promptly notify myCLEARopinion™ of any changes in Member’s address (email and/or residential mailing) or personal profile by updating his or her personal information in the myCLEARopinion™ Web Site. Failure to keep address (email and/or residential mailing) or profile information up-to-date may result in the termination of Member’s account and forfeiture of Member’s unredeemed CLEARcash™ Rewards Program points.
If information provided by Member is untrue, inaccurate, or incomplete, myCLEARopinion™ may suspend or, in the even of a material breach of this Member Agreement, terminate Member’s account and may refuse Member all current or future use of the myCLEARopinion™ Web Site and/or CLEARcash™ Rewards Program.
myCLEARopinion™ reserves the right to cancel or disable accounts and expire unredeemed CLEARcash™ Rewards Program points in those account that are inactive for a period of twelve (12) consecutive months. Inactive shall be defined as lack of one of the following: Web Site visit, email response (i.e. clicking on links provided in emails), survey completion or profile update.
Member agrees to comply with the terms of all myCLEARopinion™ offers, surveys, promotions, and programs at all times.
Drawing winners will be notified via email and must reply to notification email within a specified period of time noted in email in order to receive reward.
California Residents, your California Privacy Rights; We are required under California Civil Code Section 1798.83 to (1) enable participants who are California residents to request certain information regarding its disclosure of personal information to third parties for direct marketing purposes and (2) offer the opportunity for participants to opt out of having their personal information disclosed to third parties for the third parties’ direct marketing purposes. If you prefer to not receive such direct marketing offers, please feel free to make your request known as explained above under Third Party Direct Marketing.
CLEARcash™ Rewards Program is owned and operated by myCLEARopinion™/Clear Seas Research.
CLEARcash™ Rewards Program points have no actual monetary value and may not be redeemed for cash.
CLEARcash™ Rewards Program points are redeemed for rewards as offered and/or issued through myCLEARopinion™ at the time of redemption.
myCLEARopinion™ is not responsible for lost or stolen rewards once issued. Rewards are subject to change at any time without notice. The number of CLEARcash™ Rewards Program points required to redeem for rewards are subject to change at any time without notice. myCLEARopinion™ must receive member inquiries regarding rewards not received within 3 months of issue/redemption date. Thereafter, myCLEARopinion™ will have no obligation to re-send rewards to Member.
CLEARcash™ Rewards Program points will be subtracted from Member’s account on redemption dates by myCLEARopinion™. Member cannot, at this time, request redemption. CLEARcash™ Rewards Program accounts meeting minimum redemption requirements are automatically redeemed by myCLEARopinion™. CLEARcash™ Rewards Program points are then converted into an Amazon® gift card. Currently, 100 points of CLEARcash™ Rewards Program is equal in value to one (1) U.S. Dollar and are only redeemable as an Amazon® gift card. Once redeemed, CLEARcash™ Rewards Program points will not be reinstated to Member’s account. myCLEARopinion™ reserves the right to alter the redemption schedule dates and point-to-dollar value amounts.
Member expressly agrees that use of CLEARcash™ Rewards Program is at the Member’s sole risk.
Member agrees and understands that all goods and/or services offered when redeeming CLEARcash™ Rewards Program points are offered by third party web sites (“Third Party Web Sites”), and myCLEARopinion™ does not operate, control or endorse any goods, services or information by these Third Party Web Sites in any way.
myCLEARopinion™ assumes no responsibility, obligation, or liability for the transaction between Member and Third Party Web Sites, including but not limited to fulfillment and timeliness of delivery of goods and/or services; security associated with transaction directly initiated by Member with Third Party Web Site; maintenance of privacy of any personal information given by Member directly to Third Party Web Site.
myCLEARopinion™ is not liable or responsible for any loss or damage incurred as the result of any transactions or dealings between Member and Third Party Web Site, including but not limited to Member not receiving goods and/or services chosen or dissatisfaction with goods and/or services chosen.
Participation in the CLEARcash™ Rewards Program program, which is owned and operated by Clear Seas Research and myCLEARopinion™ is open to qualified users 18 years of age or older and residing in the U.S. or Canada.
myCLEARopinion™ is under no obligation to provide members with any particular number of CLEARcash™ Rewards Program earning opportunities. Member can earn CLEARcash™ Rewards Program points each time Member responds to an invitation to participate in a survey where a CLEARcash™ Rewards Program point amount is clearly stated. Member acknowledges that Member may not be eligible to receive certain CLEARcash™ Rewards Program point earning opportunities.
Attempts to accrue CLEARcash™ Rewards Program points or spend CLEARcash™ Rewards Program points in a manner inconsistent with the rules of CLEARcash™ Rewards Program, attempts to earn CLEARcash™ Rewards Program points through other than legitimate channels, or participating in purchasing or redemption fraud will result in Member’s removal from myCLEARopinion™ and forfeiture of all earned entries and/or CLEARcash™ Rewards Program points.
myCLEARopinion™ reserves the right to adjust your CLEARcash™ Rewards Program point balance with award reversals for surveys not completed, cancelled, disqualified or for suspected fraudulent activity.
myCLEARopinion™ reserves the right to limit the opportunities to earn CLEARcash™ Rewards Program points available to Member while Member remains inactive. Inactive shall be defined as lack of one of the following: Web Site visit, email response (clicking on links provided in emails), survey completion or profile update.
myCLEARopinion™ reserves the right to modify our policies at any time. However, if any changes in our policies involve personally identifiable information, we will notify you in advance.
myCLEARopinion™ reserves the right to change the terms, conditions, and notices under which the myCLEARopinion™ Web Site is offered, including but not limited to the charges associated with the use of the myCLEARopinion™ Web Site.
Any new or additional features of the myCLEARopinion™ Web Site and/or the CLEARcash™ Rewards Program shall be subject to this Member Agreement.
LINKS TO THIRD PARTY SITES
myCLEARopinion™ Web Site may contain links to other Web Sites (“Linked Sites”). The Linked Sites are not under the control of myCLEARopinion™ and myCLEARopinion™ is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. myCLEARopinion™ is not responsible for webcasting or any other form of transmission received from any Linked Site. myCLEARopinion™ is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by myCLEARopinion™ of the site or any association with its operators.
NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of the myCLEARopinion™ Web Site, Member warrants to myCLEARopinion™ that Member will not use the myCLEARopinion™ Web Site for any purpose that is unlawful or prohibited by these terms, conditions and notices. Member may not use the myCLEARopinion™ Web Site in any manner which could damage, disable, overburden, or impair the myCLEARopinion™ Web Site. Member may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the myCLEARopinion™ Web Sites. Member may not use the myCLEARopinion™ Web Site and/or CLEARcash™ Rewards Program to stalk, harass or harm another individual. Member may not collect or store personal data about other Members. Member may not impersonate any person or misrepresent Member’s identity.
USE OF COMMUNICATION SERVICES
The myCLEARopinion™ Web Site may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, “Communication Services”). Member agrees to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service. By way of example, and not as a limitation, Member agrees that when using a Communication Service, Member will not:
- Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
- Publish, post, upload, distribute or disseminate any in inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information.
- Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents.
- Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer.
- Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages.
- Conduct or forward surveys, contests, pyramid schemes or chain letters.
- Download any file posted by another use of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner.
- Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
- Restrict or inhibit any other user from using and enjoying the Communication Services.
- Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service.
- Harvest or otherwise collect information about others, including e-mail addresses, without their consent.
- Violate any applicable laws or regulations.
myCLEARopinion™ has no obligation to monitor the Communication Services. However, myCLEARopinion™ reserves the right to review materials posted to a Communication Service and to remove any materials at its sole discretion. myCLEARopinion™ reserves the right to terminate Member’s access to any or all of the Communication Services at any time without notice for any reason whatsoever.
myCLEARopinion™ reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or part, in myCLEARopinion™’s sole discretion.
Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. myCLEARopinion™ does not control or endorse the content, messages or information found in any Communication Service and, therefore, myCLEARopinion™ specifically disclaims any liability with regard to the Communication Service. Managers and hosts are not authorized myCLEARopinion™ spokespersons and their views do not necessarily reflect those of myCLEARopinion™.
Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you download the materials.
MATERIALS PROVIDED TO myCLEARopinion™ OR POSTED AT ANY myCLEARopinion™ WEB SITE
myCLEARopinion™ does not claim ownership of the materials you provide to myCLEARopinion™ (including feedback and suggestions) or post, upload, input or submit to any myCLEARopinion™ Web Site or its associated services (collectively “Submissions”). However, by posting, uploading, inputting, providing or submitting Submissions, Member is granting myCLEARopinion™, its affiliated companies and necessary sublicensees permission to use Member’s Submission in connection with the operation of their Internet businesses including, without limitation, the right to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat Member’s Submission; and to publish Member’s name in connection with Member’s Submission.
No compensation will be paid with respect to the use of Member’s Submission, as provided herein. myCLEARopinion™ is under no obligation to post or use any Submission Member may provide and may remove any Submission at any time in myCLEARopinion™’s sole discretion.
By posting, uploading, inputting, providing or submitting a Submission Member warrants and represents that Member owns or otherwise controls all of the rights to Member’s Submission as described in this section including, without limitation, all the rights necessary for Member to provide, post, upload, input or submit the Submissions.
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE MYCLEAROPINION™ WEB SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. MYCLEAROPINION™ AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE MYCLEAROPINION™ WEB SITE AT ANY TIME. ADVICE RECEIVED VIA THE MYCLEAROPINION™ WEB SITE SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND MEMBER SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO MEMBER’S SITUATION.
MYCLEAROPINION™ AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE MYCLEAROPINION™ WEB SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
Service Contact: firstname.lastname@example.org
myCLEARopinion™ reserves the right, in its sole discretion, to terminate your access to the myCLEARopinion™ Web Site and the related services or any portion thereof at any time, without notice. Use of the myCLEARopinion™ Web Site is unauthorized in any jurisdiction that does not give effect to all provision of these terms and conditions, including without limitation this paragraph. Member agrees that no joint venture, partnership, employment, or agency relationship exists between Member and myCLEARopinion™ as a result of this agreement or use of the myCLEARopinion™ Web Site. myCLEARopinion™’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of myCLEARopinion™’s right to comply with governmental, court and law enforcement requests or requirements relating to Member’s use of the myCLEARopinion™ Web Site or information provided to or gathered by myCLEARopinion™ with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between the Member and myCLEARopinion™ with respect to the myCLEARopinion™ Web Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the Member and myCLEARopinion™ with respect to the myCLEARopinion™ Web Site. A printed version of this agreement and any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be drawn up in English.
Membership may be cancelled by Member at any time by visiting an unsubscribe link provided at the bottom of every email sent from myCLEARopinion™ or by sending an email to email@example.com with “UNSUBSCRIBE” in the subject line. Member understands that, in some cases, Member may still receive messages (which may have been scheduled prior to Member’s termination/cancellation) after Member terminates/cancels account. Member may not earn CLEARcash™ Rewards Program points after termination/cancellation.
Member agrees to indemnify and hold myCLEARopinion™, Clear Seas Research, its affiliates, officers, and employees harmless from any claim, demand, expense, or damage, including reasonable attorneys’ fees relating to use of the myCLEARopinion™ Web Site and/or CLEARcash™ Rewards Program or violation of this Member Agreement.
Any dispute or claim arising out of or in relation to this Member Agreement, or in the interpretation , making, performance, breach, or termination thereof, shall be finally settled by binding arbitration in Troy, Michigan, under the Commercial Arbitration Rules of the American Arbitration Association 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.
The law of the State of Michigan, excluding its conflict of law principles, shall govern this contract. The arbitration proceedings shall be governed by federal arbitration law and by the Rules, without reference to state arbitration law.
Member and myCLEARopinion™ / Clear Seas Research 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.
This Member Agreement constitutes the complete and exclusive understanding between myCLEARopinion™ / Clear Seas Research and Member relating to the subject matter hereof and supersedes all prior or contemporaneous understandings, agreements, communications, and/or advertising with respect to subject matter. If any provision(s) of this Member Agreement 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.
myCLEARopinion™ / Clear Seas Research’s failure to exercise or enforce any right or provision of this Member Agreement shall not constitute a waiver of such right or provision unless acknowledged and agree to by myCLEARopinion™ / Clear Seas Research in writing.
COPYRIGHT AND TRADEMARK NOTICES
All contents of the myCLEARopinion™ Web Site are: Copyright © 2010/2011 by myCLEARopinion™ and/or its suppliers. All rights reserved.
The names of actual companies and products mentioned herein may be the trademarks of their respective owners.
The example companies, organizations, products, people and events depicted herein are fictitious. No association with any real company, organization, product, person, or event is intended or should be inferred.
Any rights not expressly granted herein are reserved.
NOTICES AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
We do not knowingly permit anyone to post materials on a site where such posting would violate copyright or other applicable law, including the Digital Millennium Copyright Act (“DMCA”) (including 17 USC § 512). If you are a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed by any material on any site, you may notify us of claimed infringement by sending to us a notice containing the following elements.
(i) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
(ii) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at the site.
(iii) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material.
(iv) Information reasonably sufficient to permit the us to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.
(v) A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
(vi) A statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Our designated agent for receipt of such notices is:
2401 W Big Beaver, #700
Troy, MI 48084
T. 248 362 3700
F. 248 244 3932
Except with respect to modifications of this Member Agreement, myCLEARopinion™ may deliver notices to Member by prepaid certified mail, return receipt requested at the email address and/or residential mailing address in the myCLEARopinion™ database. Any such notice shall be deemed effectively given upon delivery. Member may give notice to myCLEARopinion™ by prepaid certified mail, return receipt requested at the following address: 2401 W. Big Beaver Road., Suite 700, Troy, MI48084, Attn: myCLEARopinion Department. Any such notice shall be effective upon receipt.