Bizrate Insights Inc. Consumer Program Agreement
Revised: October 2021
The Bizcoin Surveys Program (“ Bizcoin”) is offered at the sole discretion of Bizrate Insights Inc. d/b/a Bizrate Insights (“Bizrate Insights”) to online shoppers and other individuals participating in surveys, providing ratings and/or responding to other Bizrate Insights requests as more fully described at www.bizcoinsurveys.com. Unless otherwise specified herein the term “Program” shall refer to each of the Bizcoin Surveys Program. The terms “you” and “your” throughout these terms and conditions refer to the owner of a Participant Account (defined below). Participation in the Program is subject to this Program Agreement (the “Agreement“). This Agreement explains our respective obligations under Program. By completing and submitting your Account or otherwise participating in our Program, you agree to the terms of this Agreement.
The Program provides varying levels of coin rewards (“Coins”), redeemable for third party goods/services, based upon the successful completion of certain identified activities (each, a “Coins Earning Activity”) at the request of Bizrate Insights.
This document provides the terms and conditions governing each Program (“Program Terms”) and your Participant Account (defined below).
A. Program Participation Terms.
By participating in the Program, including registration of a Participant Account, you accept these Program Terms which may change, in Bizrate Insights’ discretion. This means that Bizrate Insights has the right to terminate, change, limit, or otherwise amend the Program Terms (including expire Coins earned) at any time in its discretion, and expressly reserves the right to cancel the Program at any time. If a change occurs, your continued participation in the Program shall constitute your agreement to the changes.
By accessing or using any website or any other platform, application, or media with an authorized link to this Agreement, registering an account or accessing or using any content, information, services, features or resources available or enabled via the Platforms whether on a free or subscription basis, clicking on a button or taking another action to signify your acceptance of this Agreement, you: (1) agree to be bound by this Agreement and any future amendments and additions to this Agreement as published through the Services; (2) represent you are of legal age in your jurisdiction of residence to form a binding contract; and (3) represent that you have the authority to enter into this Agreement personally and, if applicable, on behalf of any company, organization or other legal entity on whose behalf you use the services. Except as otherwise provided herein, if you do not agree to be bound by this Agreement, you may not access or use any website or any other platform, application, or media with an authorized link to this Agreement.
2. Location Information
Regardless, you should be able to withdraw your consent by disabling location features for your Equipment – if that option is not provided based on the specific Equipment you are using and you object to providing location information, you should uninstall our mobile application and/or otherwise stop using the Program. If you disable location functionality, certain features may not function and certain other Services may be limited.
3. Program Eligibility
The Program is open to legal residents of the United States, over the age of 18 years of age, who have an active Participant Account (described below) with Bizrate Insights. Individuals under the age of majority based on state of residence are not eligible to participate in the Program. Only Participant Accounts registered by individuals are eligible for the Program – Corporations or other entities or organizations of any kind are not eligible to participate. Employees of Bizrate Insights and its parents, subsidiaries, affiliates, and divisions, and the officers, directors, agents, employees, representatives, associates, immediate family members, successors and assigns of each such entity, are not eligible to participate in the Program. Only one Participant Account per person per Program. The Program is void where prohibited by law.
4. Earning Coins
To participate in the Program and ear Coins through Coins Earning Activity, you must first register an account for the Program at www.bizcoinsurveys.com or following one of our merchant partner surveys. (a “Participant Account”). Your Participant Account will be used to record the Coins you earn. Registration requires, among other things, that you fully and accurately complete the requested information (name, address, e-mail address, age). In the event of a dispute over who is registered to a particular Participant Account, the Participant Account will be deemed to belong to the authorized account holder of the e-mail address (based on the records of the entity that assigned the email address) identified in the registration for that Participant Account.
You represent that you are not barred from using the services under any applicable law and that you will be responsible for all activities that occur under your Participant Account. You agree to monitor your Participant Account to restrict its use by minors and other unauthorized users and agree not to share your Participant Account or password with anyone. You further agree to notify Bizrate Insights immediately of any unauthorized use of your password or any other breach of the security of your Participant Account and to exit from your Participant Account at the end of each session.
You will earn coins by completing surveys. Generally: (a) for each Coin Earning Activity offered to you by Bizrate Insights, you will receive the number of Coins disclosed to you on the successful completion of the Coin Earning Activity; (b) Coins can only be used to obtain Rewards (as described below); and (c) the Coins offered for a Coin Earning Activity are determined by Bizrate Insights in its sole discretion and are subject to change. Coins are awarded after Bizrate Insights has verified your successful completion of the applicable activity and compliance with these and other applicable terms and conditions. There will be a reasonable delay between completion of the Coin Earning Activity and when Coins are posted to your Participant Account. Your Coins in the Program will be automatically and forever forfeited immediately upon termination of that Program or termination of your Participant Account in the Program. Coins are not transferable or assignable. The sale or barter of any Coins, other than by Bizrate Insights, is prohibited. Bizrate Insights is not responsible for your inability or failure to accept, redeem, and/or use Coins or rewards for any reason, including any third-party’s terms and conditions and/or the terms of business or operations pertinent to the redemption of a particular Reward (described below).
5. Reward Redemption
Subject to change, you may redeem Coins for certain rewards (“Rewards”) as posted and fully described at https://www.bizcoinsurveys.com/help-center by following the on-screen directions. Except as provided below: (a) Coins attributed to any Reward are not considered redeemed until the moment you submit for the Reward; and (b) redeemed Coins are non-refundable. The Rewards offered through the Program and the number of Coins required for a given Reward are subject to change within Bizrate Insights’ sole discretion and without notice to you.
6. Confirmation of Rewards
In certain instances, after you have chosen to redeem Coins for a Reward, you may be required to separately confirm your acceptance of the Reward. If you experience difficulties confirming the acceptance of the Reward please contact email@example.com. If in the manner requested and by the applicable deadline, the Coins will be credited back to your Participant Account within a reasonable time after expiration of the deadline.
All Rewards are provided “AS IS.” Rewards consist only of the items listed, are non-transferable, with no cash redemption or substitution except at Bizrate Insights’ sole discretion. Rewards may be subject to expiration dates and terms and restrictions on use, as reflected thereon. Federal, state, or local taxes on Rewards, if any, and any other costs, fees, or expenses not expressly included as part of Rewards are the sole responsibility of the participant.
The redemption of Coins may result in your receipt of taxable income from Bizrate Insights. In accordance with U.S. tax law, Bizrate Insights may require you to complete a Form 1099-MISC. The valuation of any Rewards for tax reporting purposes will be determined at Bizrate Insights’ sole discretion.
7. Participant Account Activity
Your Participant Account in the Program and your entire Coin balance will be automatically terminated without notice to you if you have not clicked into a survey within the previous three (3) months. For example, if you open a Program survey on October 1, 2021, and for three months thereafter do not open any surveys, then your Participant Account and all available Points or Coins in that Program will be terminated/deleted on or about January 1, 2022. However, if you click into a survey during that period for a Program, then the three-month deadline for that Program will be reset from the date of that activity. In order to maintain your account in the Program, it is only necessary to open a survey in that Program every three months. Completing and submitting the survey is not required to avoid account termination, though it may be necessary for other aspects of the Program, such as earning Coins.
Bizrate Insights has the right to monitor all Participant Account activity. If required by law, regulation, subpoena, or other legal instrument, Bizrate Insights may freeze your Participant Account. If within the determination of Bizrate Insights your Participant Account shows signs of fraud, abuse, violation of Member Code of Conduct (as provided below) or suspicious activity (“Suspicious Activity”), you may lose your accrued Points or Coins, access to your Participant Account, and the possibility of any future participation in the Program. Bizrate Insights reserves the right to take any legal action it deems necessary in connection with Suspicious Activity and may have grounds to confiscate any Rewards redeemed as a result of such activity. Further, you may be liable for monetary losses to Bizrate Insights, including litigation costs and damages. In the event you have a Participant Account in both Programs, Bizrate Insights may take the action described above with respect to both of your Participant Accounts.
8. Program Member Code of Conduct
Do not participate in a Coins Earning Activity other than in good faith, such as providing false answers or speeding through a survey or answering each question the same way. Bizrate Insights reserves the right to withhold awarding Coins to you if, in Bizrate Insights’ reasonable view, your responses are untruthful or not well considered. Do not resell, barter, trade or otherwise attempt to generate income by providing access to your Coins to others. Do not impersonate any individual or entity, including, without limitation, a Bizrate Insights employee, agent or client, or other Bizcoin Surveys members or otherwise misrepresent your affiliation with any person or entity, including by “framing” any portion of this Site to make it look like you have a relationship with us or that we have endorsed you for any purpose. Do not publish or make reference in any media to any Coin Earning Activity without our prior written permission. Do not use any robot, spider, scraper or other automated means or interface not provided by us to participate in a Coin Earning Activity. Do not re-post statements you receive from firstname.lastname@example.org. Failure to comply with this Code of Conduct may result in the termination of your Participant Account and forfeiture of any or all Coins. In the event you have a Participant Account in any other Bizrate Insights program, Bizrate Insights may take the action described above with respect to all of your Participant Accounts.
9. Confidentiality of Coin Earning Activities
Bizrate Insights’ clients may disclose confidential and/or proprietary information and materials to you as part of Coin Earning Activities, and such information and materials shall remain the sole and exclusive property of its owner. This confidential information may include, but is not limited to, new product ideas or concepts, packaging concepts, advertising and video concepts or trailers, and the text, visual images and sounds related thereto. By becoming a Member, you agree that you will keep the contents and materials disclosed to you as part of all Coin Earning Activities in which you participate confidentially and not disclose them to any third party or use the confidential information for any purpose except for the sole purpose of completing the Coin Earning Activity. If you breach this obligation, in addition to forfeiture of your Coins and termination of your account, you may be liable for monetary damages to Bizrate Insights and/or our client for damages caused by the result of your breach.
10. Coin Balances
Bizrate Insights reserves the right to adjust your Coin balance. If you have been awarded Coins in error or if you believe your Participant Account has been the subject of any Suspicious Activity by others, you must contact Bizrate Insights immediately at email@example.com. Points or Coins in a Program will be automatically and forever forfeited immediately upon termination of that Program or termination of your Participant Account in that Program.
B. General Program Terms and Conditions. The following terms apply to our Programs and any other products or services we may provide you.
1. Intellectual Property Rights
Subject to the terms and conditions herein and for the term of this Agreement: (i) you grant Bizrate Insights a nonexclusive, nontransferable, revocable, worldwide, and royalty-free right license (“License) to use your provided information, comments, remarks, information, and intellectual property (right to publicity and right to privacy) for the purposes of providing the services hereunder; (ii) You grant Bizrate Insights a License for the right to use, display, reproduce, publish, republish, modify, and alter your provided information, comments, remarks, and intellectual property (right to publicity and right to privacy) in the normal course of business for all Bizrate Insights including, but not limited to: inclusion in anonymous benchmarking, identifying you in a ratings webpage, and, if applicable, in ratings syndication to a search engine or other websites, and (iii) You grant Bizrate Insights the License to identify you and use your provided information, comments, remarks, and intellectual property (right to publicity and right to privacy) in Bizrate marketing materials and/or for any associated publicity and related purposes.
You hereby agree to defend, indemnify and hold harmless Bizrate Insights and its affiliates, licensees, vendors, contractors, agents, directors, representatives, and employees (collectively, “Agents”), from any and all liabilities, costs and expenses, including, without limitation, reasonable attorney’s fees and costs, that may arise from your participation in a Program or any other Bizrate Insights services, your breach of the terms of this Agreement, any content or materials or intellectual property (including right to publicity and right to privacy) that you provide us, and/or use of any of Bizrate Insights products or services.
3. Warranty Disclaimers
YOU EXPRESSLY AGREE THAT YOUR PARTICIPATION IN A PROGRAM IS AT YOUR OWN RISK. THE SERVICES OFFERED IN THE PROGRAM ARE AVAILABLE ON AN “AS IS” BASIS, WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. YOU AGREE THAT BIZRATE INSIGHTS ITS PARENT AND AFFILIATED ENTITIES, AND THEIR RESPECTIVE AGENTS, LICENSEES, VENDORS, MEMBERS, OFFICERS, DIRECTORS, EMPLOYEES, INDEPENDENT CONTRACTORS AND REPRESENTATIVES (COLLECTIVELY, THE “RELEASED PARTIES”) WILL HAVE NO LIABILITY OR RESPONSIBILITY WHATSOEVER FOR, AND SHALL BE HELD HARMLESS AGAINST, ANY LIABILITY FOR ANY INJURIES, LOSSES OR DAMAGES OF ANY KIND (INCLUDING WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE OR EXEMPLARY DAMAGES) TO PERSONS, INCLUDING PERSONAL INJURY OR DEATH, OR PROPERTY, ARISING IN WHOLE OR IN PART, DIRECTLY OR INDIRECTLY, FROM ACCEPTANCE, POSSESSION, MISUSE OR USE OF A REWARD, AND/OR PARTICIPATING IN A PROGRAM OR IN PROGRAM-RELATED ACTIVITIES. YOU ACCEPT AND AGREE THAT: (A) THE RELEASED PARTIES ARE NOT RESPONSIBLE IF ANY REWARD CANNOT BE AWARDED FOR ANY REASON; (B) IN NO EVENT SHALL THE RELEASED PARTIES BE LIABLE FOR ANY DELAY IN OR FAILURE TO PERFORM DUE TO CAUSES BEYOND THE RELEASED PARTIES’ CONTROL, INCLUDING, WITHOUT LIMITATION, ANY ACT OF GOD, ACT OF WAR, STRIKE OR LABOR DISPUTE, NATURAL DISASTER, WEATHER, TERRORISM, OR ANY ACT OR OMISSION OF A THIRD PARTY; AND (C) BIZRATE INSIGHTS AND EACH OTHER RELEASED PARTY MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR ANY OTHER REASON WITH RESPECT TO ANY, PROGRAM, POINTS OR COINS, AND/OR REWARDS.
4. Liability Limitations
ANY LIABILITY OF BIZRATE INSIGHTS OR ANY OF ITS AGENTS, INCLUDING, WITHOUT LIMITATION, ANY LIABILITY FOR DAMAGES CAUSED OR ALLEGEDLY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION OR DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATIONS LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR UNLAWFUL USE OF RECORDS, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION RELATING TO A PROGRAM , SHALL BE STRICTLY LIMITED TO AN AGGREGATE AMOUNT EQUAL TO THE AMOUNT OF REWARDS YOU HAVE BEEN PAID FROM BIZRATE INSIGHTS FOR YOUR PARTICIPATION IN THE MERCHANT PROGRAM IN THE PRIOR SIX (6) MONTH PERIOD. IN NO EVENT SHALL BIZRATE INSIGHTS OR ANY OF ITS AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, LOSS OF PROFITS OR REVENUES, LOSS OF GOODWILL, DEFAMATION OR LOSS OR DAMAGE TO DATA THAT ARISE FROM ANY ASPECT OF YOUR PARTICIPATION IN A PROGRAM OR ANY BREACH OR ERROR BY BIZRATE INSIGHTS WHETHER OR NOT BIZRATE INSIGHTS HAS BEEN APPRISED OF THE POSSIBILITY OF SUCH DAMAGES. This limitation on such damages shall apply whether or not Bizrate Insights is able to correct any problem or error, and whether or not Bizrate Insights has breached any warranty or obligation, or failure of the essential purpose of any other remedy, it being the intention of the parties to allocate the risk of such damages as provided herein in all circumstances, and you acknowledge that Bizrate Insights would not have entered into this Agreement but for this limitation on such damages.
If you are dissatisfied with the Program or with any of the terms and conditions contained herein , your sole and exclusive remedy is to terminate your participation in the Program Notwithstanding anything contained in this Agreement to the contrary, we may, in our sole discretion, suspend or terminate your Account and/or discontinue your participation in a Program or any other Bizrate Insights service or product at any time. All decisions made by us in this matter will be final and you agree that we shall have no liability to you or anyone else with respect to such decisions. You shall have any vested right or enforceable interest to participate in the Program. Coins in the Program will be automatically and forever forfeited immediately upon termination of the Program or termination of your Participant Account in the Program.
We may give general notices to you by emailing you or by postings on www.bizcoinsurveys.com and you agree to be bound thereby. You agree and acknowledge that it is your responsibility to check the provided address above.
7. MANDATORY ARBITRATION & Dispute Resolution.
In the event of any dispute between the parties arising from or in any way related to this Agreement, appropriate representatives of each party shall meet, within thirty (30) days after the written request of either party, and attempt to negotiate or mediate a mutually-agreeable resolution before either party shall commence any arbitration proceeding. If such negotiation or mediation does not resolve the issue to the mutual satisfaction of the parties within sixty (60) days after such written request, then all disputes arising out of, relating to or connected with this Agreement will be exclusively resolved under confidential binding arbitration by the American Arbitration Association (AAA) held in New York County, New York pursuant to the applicable AAA commercial rules for arbitration.
Any arbitrator’s award may be entered in any court having jurisdiction. No arbitration proceeding or other legal action may be commenced regarding any disputes arising out of, relating to or connected with this Agreement more than one (1) year after the date that the alleged breach or other grounds for dispute originally occurred. Each party retains the right to seek judicial assistance: (i) to compel arbitration; (ii) to seek injunctive relieve in the courts of any jurisdiction as may be necessary and appropriate; and (iii) to enforce any decision of the arbitrator, including the final award. The arbitration proceedings contemplated by this Agreement shall be as confidential and private as permitted by law.
8. Amendment; Additional Terms.
In certain instances it may be necessary to update or modify this Agreement to reflect updates to our business practices and policies, and for other reasons. We also may, in some instances, need to provide you with operating rules, guidelines, policies or additional terms that govern your participation in a Program (“Additional Terms”). You agree that we may at any time provide you with Additional Terms, or update or modify this Agreement, as appropriate or necessary. To the extent any Additional Terms conflict with this Agreement, the Additional Terms will control.
In the event we modify this Agreement or any Additional Terms, your continued participation in a Program after the posting of modifications to this Agreement and/or any Additional Terms will signify your assent to and acceptance of the new terms.
9. Choice of Law/Venue
This Agreement shall be governed by the laws of the State of New York without giving effect to any conflicts of laws rules which may result in the application of the law of any other jurisdiction. Each party hereto irrevocably and unconditionally (i) agrees that any suit, action or proceeding against it arising out of this Agreement shall be brought in any New York court or Federal court sitting in, (ii) submits to the jurisdiction of such courts, and (iii) fully waives any objection which it may now or hereafter have to the laying of venue of any such suit, action or proceeding.
10. No Trial by Jury/Class Action
We each hereby irrevocably waive any right to a trial by jury or to join claims with those of others in the form of a class action or similar procedural device for any dispute arising under this Agreement, whether brought in court or arbitration. If for any reason any court or arbitrator holds that the class action restriction set forth in his Section is unconscionable or unenforceable, then the terms of Section 10 (“MANDATORY ARBITRATION & Dispute Resolution”) shall not apply and the classwide dispute must be brought in court.
11. Independent Contractor
Nothing in this Agreement is intended or should be construed to create a joint venture, partnership, franchise, agency or similar legal arrangement between Bizrate Insights and you. We each operate as independent contractors under this Agreement.
If there is any conflict between the English version of this Agreement and any translated version we may provide, we each agree that the English version will control in all instances. No waiver by either of us of any breach or default under this Agreement shall be deemed a waiver of any other breach or default. Neither the course of conduct between any member nor trade practices shall act to modify any provision of this Agreement. The section headings used in this Agreement are for convenience only and shall not be given any legal import. If any part of this Agreement is deemed unlawful or unenforceable for any reason, we agree that only that part of the Agreement shall be stricken and that the remaining terms in this Agreement shall not be affected. You may not assign this Agreement or assign any rights or delegate any obligations hereunder, in whole or in part, without our prior written consent. This Agreement (including any Additional Terms incorporated by reference) constitutes the entire agreement, and supersedes all previous written or oral agreements, between you and Bizrate Insights in connection with the Program.
© 2021 Bizrate Insights, Inc.