Terms & Conditions

Applicability; Agreement

1. These Terms and Conditions (these "Terms") govern and apply to your use of SmartOpinion's services, including, without limitation, (1) membership with SmartOpinion, including, without limitation, SmartOpinion.com, OnlineSurvey.SmartOpinion.com, (2) use of and/or access to any SmartOpinion’s website (individually a "Website" and collectively the "Websites"), (3) participation in any survey panel, survey or study offered, provided, hosted or administered by or through SmartOpinion, and (4) your eligibility for, and/or redemption of, rewards, incentives and prizes offered for certain actions and activities, including, without limitation, lucky draws, contest and successfully completing surveys (collectively, the "Services").

2. All references in these terms to "SmartOpinion" include SmartOpinion and its parents, subsidiaries and affiliates. All references in these Terms to "us" or "we" refer to SmartOpinion.

3. By accessing, using and/or participating in the Services you hereby expressly agree to comply with, and be bound by, these Terms.

Membership Eligibility

Website membership is generally open to individuals who satisfy the requirements for membership, including, without limitation, the minimum age requirement and geographic location requirement. The requirements for website membership may vary for each website. We only allow one member per unique email address. SmartOpinion may refuse to provide the Services to anyone, at any time and for any reason or no reason.

Privacy

1. Privacy. In the course of using the Services, you may submit content to SmartOpinion (including your personal data and the personal data of others) or third parties may submit content to you through the Services (your "Content"). We know that by giving us your Content, you are trusting us to treat it appropriately. SmartOpinion's Privacy Policy, together with any Service-specific data use policies, privacy statements and privacy notices (collectively, "privacy policies"), detail how we treat your Content and personal data and we agree to adhere to those privacy policies. You in turn agree that SmartOpinion may use and share your Content in accordance with our privacy policies.

2. Confidentiality. SmartOpinion will treat your Content as confidential information and only use and disclose it in accordance with these Terms (including our privacy policies). However, your Content is not regarded as confidential information if such Content: (a) is or becomes public (other than through breach of these Terms by SmartOpinion); (b) was lawfully known to SmartOpinion before receiving it from you; (c) is received by SmartOpinion from a third party without knowledge of breach of any obligation owed to you; or (d) was independently developed by SmartOpinion without reference to your Content.

Your Content

1. You Retain Ownership of Your Content. You retain ownership of all of your intellectual property rights in your Content. SmartOpinion does not claim ownership over any of your Content. These Terms do not grant us any licenses or rights to your Content except for the limited rights needed for us to provide the Services, and as otherwise described in these Terms.

2. Limited License to Your Content. You grant SmartOpinion a worldwide, royalty free license to use, reproduce, distribute, modify, adapt, create derivative works, make publicly available, and otherwise exploit your Content, but only for the limited purposes of providing the Services to you and as otherwise permitted by SmartOpinion’s privacy policies. This license for such limited purposes continues even after you stop using our Services, though you may have the ability to delete your Content in relation to certain Services such that SmartOpinion no longer has access to it. This license also extends to any trusted third parties we work with to the extent necessary to provide the Services to you. If you provide SmartOpinion with feedback about the Services, we may use your feedback without any obligation to you.

SmartOpinion IP

Neither these Terms nor your use of the Services grants you ownership in the Services or the content you access through the Services (other than your Content). Except as permitted by SmartOpinion's Brand and Trademark Use Policy, these Terms do not grant you any right to use SmartOpinion's trademarks or other brand elements.

User Content

1. User Content. The Services display content provided by others that is not owned by SmartOpinion. Such content is the sole responsibility of the entity that makes it available. Correspondingly, you are responsible for your own Content and you must ensure that you have all the rights and permissions needed to use that Content in connection with the Services. SmartOpinion is not responsible for any actions you take with respect to your Content, including sharing it publicly. Please do not use content from the Services unless you have first obtained the permission of its owner, or are otherwise authorized by law to do so.

2. Content Review. You acknowledge that, in order to ensure compliance with legal obligations, SmartOpinion may be required to review certain content submitted to the Services to determine whether it is illegal or whether it violates these Terms (such as when unlawful content is reported to us). We may also modify, prevent access to, delete, or refuse to display content that we believe violates the law or these Terms. However, SmartOpinion otherwise has no obligation to monitor or review any content submitted to the Services.

3. Third Party Resources. SmartOpinion may publish links in its Services to internet websites maintained by third parties. SmartOpinion does not represent such third party websites and is not responsible for them or any content appearing on them. Trademarks displayed in conjunction with the Services are the property of their respective owners.

Account Management

1. Keep Your Password Secure. If you have been issued an account by SmartOpinion in connection with your use of the Services, you are responsible for safeguarding your password and any other credentials used to access that account. You, and not SmartOpinion, are responsible for any activity occurring in your account (other than activity that SmartOpinion is directly responsible for which is not performed in accordance with the Customer's instructions), whether or not you authorized that activity. If you become aware of any unauthorized access to your account, you should notify SmartOpinion immediately. Accounts may not be shared and may only be used by one individual per account.

2. Keep Your Details Accurate. SmartOpinion occasionally sends notices to the email address registered with your account. You must keep your email address and, where applicable, your contact details and payment details associated with your account current and accurate. Accounts are controlled by the entity whose email address is registered with the account.

3. Remember to Backup. You are responsible for maintaining, protecting, and making backups of your Content. To the extent permitted by applicable law, SmartOpinion will not be liable for any failure to store, or for loss or corruption of, your Content.

4. Account Inactivity. SmartOpinion may terminate your account and delete any content contained in it if there is no account activity (such as a log in event) for over 12 months. However, we will attempt to warn you by email before terminating your account to provide you with an opportunity to log in to your account so that it remains active.

Acceptable Uses

1. Legal Compliance. You must use the Services in compliance with, and only as permitted by, applicable law.

2. Your Responsibilities. You are responsible for your conduct, Content, and communications with others while using the Services. You must comply with the following requirements when using the Services:

a. You may not misuse our Services by interfering with their normal operation, or attempting to access them using a method other than through the interfaces and instructions that we provide.

b. You may not circumvent or attempt to circumvent any limitations that SmartOpinion imposes on your account.

c. Unless authorized by SmartOpinion in writing, you may not probe, scan, or test the vulnerability of any SmartOpinion system or network.

d. Unless permitted by applicable law, you may not deny others access to, or reverse engineer, the Services, or attempt to do so.

e. You may not transmit any viruses, malware, or other types of malicious software, or links to such software, through the Services.

f. You may not engage in abusive or excessive usage of the Services, which is usage significantly in excess of average usage patterns that adversely affects the speed, responsiveness, stability, availability, or functionality of the Services for other users. SmartOpinion will endeavour to notify you of any abusive or excessive usage to provide you with an opportunity to reduce such usage to a level acceptable to SmartOpinion.

g. You may not use the Services to infringe the intellectual property rights of others, or to commit an unlawful activity.

h. Unless authorized by SmartOpinion in writing, you may not resell or lease the Services.

Suspension and Termination of Services

SmartOpinion may limit, suspend, or stop providing the Services to you if you fail to comply with these Terms, or if you use the Services in a way that causes legal liability to us or disrupts others' use of the Services. SmartOpinion may also suspend providing the Services to you if we are investigating suspected misconduct by you. If we suspend or terminate the Services you receive, we will endeavor to give you advance notice and an opportunity to export a copy of your Content from that Service. However, there may be time sensitive situations where SmartOpinion may decide that we need to take immediate action without notice. SmartOpinion has no obligation to retain your Content upon termination of the applicable Service.

Changes and Updates

1. Changes to Terms. SmartOpinion may change these Terms at any time for a variety of reasons, such as to reflect changes in applicable law or updates to Services, and to account for new Services or functionality. Any changes will be posted to the location at which those terms appear. SmartOpinion may also provide notification of changes on its site or via email. Changes will be effective no sooner than the day they are publicly posted. In order for certain changes to become effective, applicable law may require SmartOpinion to obtain your consent to such changes, or to provide you with sufficient advance notice of them. If you do not want to agree to any changes made to the terms for a Service, you should stop using that Service, because by continuing to use the Services you indicate your agreement to be bound by the updated terms.

2. Changes to Services. SmartOpinion constantly changes and improves the Services. SmartOpinion may add, alter, or remove functionality from a Service at any time without prior notice. SmartOpinion may also limit, suspend, or discontinue a Service at its discretion. If SmartOpinion discontinues a Service, we will give you reasonable advance notice to provide you with an opportunity to export a copy of your Content from that Service. SmartOpinion may remove content from the Services at any time in our sole discretion, although we will endeavour to notify you before we do that if it materially impacts you and if practicable under the circumstances.

Disclaimers and Limitations of Liability

1. Disclaimers. While it is in SmartOpinion’s interest to provide you with a great experience when using the Services, there are certain things we do not promise about them. We try to keep our online Services up, but they may be unavailable from time to time for various reasons. EXCEPT AS EXPRESSLY PROVIDED IN THESE TERMS AND TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES ARE PROVIDED "AS IS" AND SmartOpinion DOES NOT MAKE WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING THOSE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OR ANY REGARDING AVAILABILITY, RELIABILITY, OR ACCURACY OF THE SERVICES.

2. Exclusion of Certain Liability. TO THE EXTENT PERMITTED BY APPLICABLE LAW, SmartOpinion, ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS, AND LICENSORS WILL NOT BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE, OR EXEMPLARY DAMAGES WHATSOEVER, INCLUDING DAMAGES FOR LOST PROFITS, LOSS OF USE, LOSS OF DATA, ARISING OUT OF OR IN CONNECTION WITH THE SERVICES AND THESE TERMS, AND WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, EVEN IF SmartOpinion HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

3. Limitation of Liability. TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE AGGREGATE LIABILITY OF EACH OF SmartOpinion, ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS, AND LICENSORS ARISING OUT OF OR IN CONNECTION WITH THE SERVICES AND THESE TERMS WILL NOT EXCEED THE GREATER OF: (A) THE AMOUNTS PAID BY YOU TO SmartOpinion FOR USE OF THE SERVICES AT ISSUE DURING THE 3 MONTHS PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY; AND (B) US$25.00.

4. Consumers. We acknowledge that the laws of certain jurisdictions provide legal rights to consumers that may not be overridden by contract or waived by those consumers. If you are such a consumer, nothing in these Terms limits any of those consumer rights.

5. Businesses. If you are a business, you will indemnify and hold harmless SmartOpinion and its affiliates, officers, agents, and employees from all liabilities, damages, and costs (including settlement costs and reasonable attorneys' fees) arising out of a third party claim regarding or in connection with your use of the Services or a breach of these Terms, to the extent that such liabilities, damages and costs were caused by you.

Contracting Entity

1. Who you are contracting with. Unless otherwise specified in relation to a particular Service, the Services are provided by, and you are contracting with, SmartOpinion [client to confirm exact company name].

2. SmartOpinion [*]. For any Service provided by SmartOpinion [*], the following provisions will apply to any terms governing that Service:

  • a. Contracting Entity. References to "SmartOpinion", "we", "us", and "our" are references to SmartOpinion [*}, located at [*].
  • b. Governing Law. Those terms are governed by the laws of USA and you hereby submit to the jurisdiction of the courts of USA.

    • 2. Other Terms

  • 1. Assignment. You may not assign these Terms without SmartOpinion's prior written consent, which may be withheld in SmartOpinion's sole discretion. SmartOpinion may assign these Terms at any time without notice to you.
  • 2. Entire Agreement. These Terms (including the Additional Terms) constitute the entire agreement between you and SmartOpinion, and they supersede any other prior or contemporaneous agreements, terms and conditions, written or oral concerning its subject matter. Any terms and conditions appearing on a purchase order or similar document issued by you do not apply to the Services, do not override or form a part of these Terms, and are void.
  • 3. Independent Contractors. The relationship between you and SmartOpinion is that of independent contractors, and not legal partners, employees, or agents of each other.
  • 4. Interpretation. The use of the terms "includes", "including", "such as", and similar terms, will be deemed not to limit what else might be included.
  • 5. No Waiver. A party's failure or delay to enforce a provision under these Terms is not a waiver of its right to do so later.
  • 6. Precedence. To the extent any conflict exists, the Additional Terms prevail over this TOU with respect to the Services to which the Additional Terms apply.
  • 7. Severability. If any provision of these Terms is determined to be unenforceable by a court of competent jurisdiction, that provision will be severed and the remainder of terms will remain in full effect.
  • 8. Third Party Beneficiaries. There are no third party beneficiaries to these Terms.