Contact Information
1. Definition of Terms
- A. Points - The term "Points" refers to potential credits that may accumulate in your Member Account. "Points" do not become a vested contract right and have no cash or monetary value whatsoever, unless and until all the terms and conditions of this Agreement are fully met and they become Earned Points as described below.
- B. Earned Points - Once all terms and conditions of this Agreement are met and the Member actually chooses to redeem the Points and directs how the points will be redeemed, then Points become Earned Points. Until both of the foregoing conditions are met, Points are unearned and do not represent a contract right or claim and have no cash or monetary value.
- C. Non-Compliant - If a Member does not maintain a correct email address at the Medical Advisory Board® Site, that Member's status becomes Non-Compliant. Even if a correct email address is maintained by Member at the Site, if Member does not respond to the Site emails or survey invitations for a period of eighteen (18) consecutive months or thirty (30) consecutive occasions, the Member's status will become Non-Compliant, as explained in section 8.K.
- D. Incentives - A term that refers to any and all awards, cash, prizes, credits, or Points that may be offered to Members as inducements to participate in Research Projects. Cash or gift awards will be mailed to the Member's mailing address. Cash or gift awards do not go into Member Accounts. Only Points are recorded in Member Accounts, and those Points have no cash or monetary value until Earned, as described in this Agreement.
- E. Incentive Program - A term that refers to the incentives and terms and conditions related thereto in this Agreement.
- F. Member - An individual who has completed the Medical Advisory Board® Site registration form and signaled acceptance of this Terms and Conditions Agreement by clicking on the "I Agree" button and/or by usage of the Site and by participation in Research Projects.
- G. Compliant Member - A Member who maintains a current and accurate email address in his/her Member Account at the Site and responds to at least one email, screener, or survey invitation within a period of eighteen (18) consecutive months or thirty (30) consecutive occasions, as explained in section 8.K.
- H. Member Account - The account created by registering at the Site and accepting this Terms and Conditions Agreement.
- I. Research Projects - This term refers to any activities, tasks, or assignments that Members may be asked to perform, including screeners, surveys, group discussions, ideation projects, innovation projects, mystery shopping, store visits, etc.
2. Agreement to Conduct Transactions by Email
3. Survey Participation
4. Privacy Policy
5. Accurate Information
6. Confidentiality
7. Indemnification
8. Incentives
- A. Awards for New-Member Referrals - Each Member who refers new panel members during any calendar month will be entered into a monthly drawing for new-member referrals. Each monthly drawing may include a number of "$50.00" cash prizes and/or may include a number of Points credited to Member Accounts. If you are a winner in this or any other drawing described herein, you will receive a check in the mail for any cash awards. Any Points will be credited to your Member Account, subject to the terms of this Agreement. Members are awarded one chance to win for each new Member they refer during the month. Winners will be notified by mail or email within 30 days.
- B. Incentives for Completing Screening Questionnaires -
Medical Advisory Board® administers two types of questionnaires. The first
is a short questionnaire referred to as a screening questionnaire or
"screener." The second type is a longer questionnaire, referred to as a
"survey" (further described below in paragraph C).
Completion of a screener will generally take only a few minutes of your time. Any Member who completes a screener will receive 10 to 50 Points for completing the screener, subject to the terms and conditions of this Agreement. At the time you take the screening questionnaire or screener, you will be informed of the incentives for that screener. - C. Incentives for Completing Surveys - Members who complete a screener as described above may be invited to complete a survey, a longer questionnaire usually 10 to 15 minutes in length. All Members who complete a survey will receive from 100 Points to 5,000 Points, based on the estimated time needed to complete the survey. At the time you are invited to complete the survey, you will be informed of the incentives provided.
- D. Incentives for Other Research Projects - Participation in a survey may also provide you with the opportunity to use a new or improved product in your home at no cost to you. Also, as a Member, you may be invited to participate in in-person group discussions or online discussion forums or may be asked to visit stores or restaurants or complete other assigned tasks. For participating in these Research Projects, you may receive cash, gifts, or Points. Cash or gift awards can range from $10.00 to $50.00 or more. Points awards generally range from 100 Points to 5,000 Points or more, based on the estimated time needed to participate. At the time you are invited to participate in a Research Project, you will be informed of the cash or gift award you will receive or the Points that will be added to your Member Account.
- E. Drawings - Any drawings are based on random selection. The odds of winning are dependent upon the number of entries received each calendar month. There is no purchase necessary to enter or win. Winning panel members will be selected through drawings conducted at 604 Avenue H East, Arlington, TX 76011. Entries have no value and an entry does not entitle an entrant to any compensation of any type or kind. Void where prohibited by law.
- F. Medical Advisory Board® Member Accounts - All Points awarded to you are added to your Member Account maintained by Medical Advisory Board®. You can access your Member Account by going to www.medicaladvisoryboard.com. and clicking on "Login" and logging in with your email address and password. Medical Advisory Board® will hold the Points in your Member Account until Earned, subject to the terms of this Agreement. For a Member Account to be established in your name, you must complete the online registration form, including your full legal name, home address, valid email address, and any other information requested. You must also accept the terms and conditions of this Agreement at that time by clicking the "I Agree" button. Your use of this Site or any participation in Medical Advisory Board® Research Projects, also constitutes acceptance of the terms of this Agreement. This Agreement may be modified from time to time, as explained in section 12.
- G. Member Account Restrictions - All Members must be at least fourteen (18) years of age, or older as required by the laws of each country. No person may establish or maintain more than one (1) Member Account per household with Medical Advisory Board®, and each account must have a unique and valid email address and password. By completing the online registration, you represent that you are at least fourteen (18) years of age and that the information provided about you and your household is accurate and truthful in all respects. Any violation of the provisions of this paragraph G means that you will not earn the Points that may accumulate in your Member Account.
- H. Email Communications - All contact and communication between you and Medical Advisory Board® will be conducted via email to the email address you provide at registration, or as provided by you every 12 months (or sooner if necessary) when you update your registration information. It is your responsibility to keep your email address current and accurate in your Medical Advisory Board® Member Account. Failure to maintain an accurate email address in your Member Account violates the terms and conditions of this Agreement and will mean that you do not earn the Points that may accumulate in your Member Account, as explained in 8.K. You further agree that the Site may from time to time attach script to its emails to help ensure that you are receiving and opening emails from the Site. Medical Advisory Board® will not share your personal information without your prior consent and your information will only be used for marketing research purposes.
- I. Redeeming Incentives - You may redeem Points once you have accumulated at least 2,500 Points in your Member Account and you choose how you want to redeem the Points, i.e., contribute to a charity, trade for other rewards or incentives, participate in promotional offers, or redeem for cash (check or Paypal). Until you reach the 2,500-Point minimum and until you choose what to do with the Points, the Points are Unearned and have no cash or monetary value. The 2,500-Point minimum may be changed by Medical Advisory Board® from time to time, but not without posting notification on the Site. You may review your Member Account Points at any time by going to www.medicaladvisoryboard.com and clicking on "Login" and logging in with your email address and password. If you choose to redeem Points for cash or money, you will have the choice of payment in U.S. Dollars (USD) or your local currency (converted at the prevailing exchange rate on day of redemption).
- J. Methods of Payment - You can redeem Earned Points for
cash or money either by check or PayPal, or other legal methods at the Site's
discretion.
Medical Advisory Board® will process your transaction within thirty (30) days of your request. If you choose to receive payment by check and fail to deposit or cash the check for a period of two (2) years, the check will become null and void, and an equivalent number of Points will be credited to your Member Account. Thereafter, you may redeem any Earned Points in your Member Account at any time. Similarly, if you choose to receive payment by PayPal and the payment is returned to us as "unclaimed," "denied," or "returned," we will notify you by email and mail a check to you. If that check is not cashed in two (2) years, the check will become null and void, and an equivalent number of Points will be credited to your Member Account, and you may redeem any Earned Points in your Member Account at any time thereafter. At the time you redeem your Earned Points, you will always have the option to donate your Points to any one of the charities listed on the Site. Donations to these charities will be accumulated and transferred to the charities once every 12 months.
From time to time, other redemption options might be offered, such as redeeming Earned Points into frequent flyer miles, hotel points, magazine subscriptions, gift cards at various retailers, and so on.
- K. Non-Compliant Member Accounts - If you fail to maintain a current and accurate email address in your Member Account at the Site, your Member status and Member Account become Non-Compliant. Even if you maintain a current and accurate email address at the Site, if you fail to respond to email or other electronic communications on thirty (30) consecutive occasions or for eighteen (18) consecutive months, whichever comes first, Medical Advisory Board® will place your Member Account on Non-Compliant status. Prior to such a change in status, you will receive an email or other electronic notification from us that your Member Account is in danger of becoming Non-Compliant. If you respond to that email notification by following the link provided in the email, you will remain a Compliant Member of Medical Advisory Board®. If you do not respond to the email or other electronic notification within thirty (30) days, your Member Account will be placed on Non-Compliant status. Once your Member Account is on Non-Compliant status, you will have 12 months to contact us to reactivate your Member Account. If you fail to contact us during this 12-month time period, you hereby agree that any Points in your Member Account have no value and will not become Earned, and further agree that you never accrued a contractual or other claim to them. Member Accounts that are Non-Compliant will not receive additional invitations to participate in Research Projects, nor will any Points in those Member Accounts become Earned.
- L. NOT A FINANCIAL INSTITUTION - BY COMPLETING THE REGISTRATION FORM, BY ACCEPTING THIS AGREEMENT BY CLICKING "I AGREE," BY UTILIZING THE Medical Advisory Board® INCENTIVE PROGRAM, AND BY PARTICIPATING IN RESEARCH PROJECTS, YOU ACKNOWLEDGE AND AGREE THAT MEDICAL ADVISORY BOARD® IS NOT A BANK OR ANY OTHER KIND OR FORM OF FINANCIAL INSTITUTION AND THAT Medical Advisory Board® DOES NOT MAINTAIN YOUR MEMBER ACCOUNT FOR ANY PURPOSE OTHER THAN THOSE SPECIFIED HEREIN. YOU AGREE THAT THE POINTS ADDED TO YOUR MEMBER ACCOUNT HAVE NO CASH OR MONETARY VALUE UNTIL EARNED, IN ACCORDANCE WITH THE TERMS OF THIS AGREEMENT. YOU FURTHER AGREE THAT YOU MAY ONLY REDEEM THE POINTS IN YOUR ACCOUNT IN THE MANNER AND ACCORDING TO THE PROCEDURES DESCRIBED IN THIS AGREEMENT, WHICH MAY BE AMENDED FROM TIME TO TIME.
- M. Your Right to Cancel Your Account - You may cancel your Member Account at any time by contacting Medical Advisory Board® at jrice@medicaladvisoryboard.com, or by logging in to your Member Account and following the "Delete Account" link provided. If you cancel your Member Account, Points in your Member Account will not become Earned Points.
9. Access and Interference
You agree that you will not use any device, software or routine to bypass any code which may be included to prevent you from breaching the obligations in the above paragraph or to interfere or attempt to interfere with the proper working of the Site. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on our or our host's computers or other infrastructure.
10. Use of Contents
11. Use of Site
In particular, but without limitation, you agree and represent not to use the Site to:
- (a) impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with any person or entity;
- (b) upload, post, email or otherwise transmit any content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
- (c) upload, post, email or otherwise transmit any material for the purpose of conducting any deceptive trade practice, fraud, unfair competition, or anti-competitive activity;
- (d) upload, post, email or otherwise transmit any content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
- (e) upload, post, email or otherwise transmit any content that you do not have the right to publicize under law (such as insider trading information);
- (f) upload, post, email or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software, network, hardware or telecommunications equipment;
- (g) upload, post, email or otherwise transmit or post chain letters or pyramid schemes; harvest or otherwise collect information about others (including email addresses) without their consent; or upload, post, email or otherwise transmit the same information more than once or "spam" or any other form of solicitation;
- (h) use automated scripts to collect information from or otherwise interact with the Site;
- (i) violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law; or
- (j) provide material support or resources (or to conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization(s) designated by the United States government as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act.
Violating these "Use of Site" terms of this Agreement may lead to you being immediately and permanently banned, with notification to your Internet Service Provider if deemed required by us. The IP addresses of all users of the Site may be recorded to aid in enforcing this Agreement."
12. Modification
13. Disclaimer of Warranties
Medical Advisory Board® provides the Incentive Program "as is" and makes no representations or warranties to you, express or implied, regarding its accessibility or that your access to the Incentive Program will be uninterrupted or error-free.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK. THE SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS.
14. Limitations and Exclusions of Liability
15. Release
16. Intellectual Property Rights
- A. Medical Advisory Board®'s logos, and other trademarks, service marks, labels, product names and service names (collectively, the Marks) are owned or licensed by Decision Analyst, Inc. You agree not to copy, display or otherwise use any of the Marks without the prior written permission of Decision Analyst, Inc. Notwithstanding the foregoing, the Marks may not be used in any manner likely to cause confusion, to disparage or dilute these Marks, and/or to use in connection with any product or service that is not authorized or sponsored by Medical Advisory Board®.
- B. All answers and responses to screeners, surveys, group discussion questions or probes, ideation sessions, innovation sessions, or other Research Projects become the exclusive property of Medical Advisory Board® and/or its clients, except that the personal identity and anonymity of each Member shall be protected at all times by Medical Advisory Board®. That is, at no time will any client of Medical Advisory Board® know how any Member answered any question. Members' answers will be combined with the answers of other Members and presented to clients as statistical averages or summaries. Member privacy and anonymity are protected at all times by Medical Advisory Board®.
- C. The entire Medical Advisory Board® Site, and all object code and source code, text, graphics, multimedia content, including but not limited to images, illustrations, audio and video clips, html and other mark up languages, screeners, surveys, group discussion questions, videos, new product concepts, ads, and all scripts within the Site associated therewith, are copyright 2023, Decision Analyst, Inc. All rights reserved. This copyrighted and proprietary property of Decision Analyst, Inc. may not be duplicated or used without Decision Analyst's express prior written consent.
- D. If you provide Medical Advisory Board® any solicited or unsolicited suggestions, answers, responses, ideas, new product ideas, Site improvement ideas, incentive ideas, or other suggestions or proposals (the "Submission"), Medical Advisory Board® will consider the Submission to be non-confidential and nonproprietary. Medical Advisory Board® shall have no obligations concerning the Submission, contractual or otherwise (including, but not limited to, an obligation to keep the Submission confidential), and shall not be liable for any use or disclosure of any Submission. Medical Advisory Board® shall be entitled to unrestricted use of the Submission for any purpose whatsoever, commercial or otherwise, without compensation to you.
17. Online Content
18. Independent Contractor
19. Digital Millennium Copyright Act
You may notify us of alleged intellectual property rights infringement by contacting us at:
Mail: 604 Avenue H East, Arlington, TX 76011
Phone: (817) 640-6166
Fax: 817-640-6567
Email: jrice@medicaladvisoryboard.com
Please be aware that, in order to be effective, your notice of claim must comply with the detailed requirements set forth in the DMCA. You are encouraged to review them (see 17 U.S.C. § 512(c)(3)) before sending your claim.
20. Communications Decency Act
The CDA provides that when a user writes and posts material on a website such as the Site, the website itself cannot, in most cases, be held legally responsible for the posted material. Specifically, 47 U.S.C. § 230(c)(1) states, "No provider or user of an interactive computer service shall be treated as the publisher or speaker of any information provided by another information content provider." Because the comments and opinions on the Site are authored by users of the Site, we cannot be legally regarded as the "publisher or speaker" of the content contained here, and hence we are not liable for the content even if it contains false or inaccurate information.
21. Dispute Resolution
Any dispute must be raised within one (1) year after the date the cause of action arose. Failure to provide the written documentation within this timeframe will render all claims related to the dispute null and void.
22. Governing Law and Venue
This contract is fully performable in Tarrant County, Texas. The Parties hereto waive any challenge to personal jurisdiction or venue (including without limitation a challenge based on inconvenience) in Tarrant County, Texas. For any matter not governed by the Dispute Resolution section above, the Parties specifically consent to the jurisdiction of the State District Courts of Tarrant County, and the United States District Court for the Northern District of Texas, Fort Worth Division.
You further agree to comply with all such laws and with the laws of the United States that apply to the Prize/Incentive Program, and any laws of your country and state or province of residence. The Prize/Incentive Program and these Terms and Conditions, or relevant portions thereof, are void where prohibited by law.
Effective As Of November 15, 2013.