These Terms and Conditions (these “Terms”) govern and apply to:
(1) your registration and membership with Dynata’s Opinion Miles Club Survey Panel (the “Panel”);
(2) your use of and/or access to the Panel website (the “Website”);
(3) your participation in any survey or study offered, provided, hosted, or administered by Dynata (individually a “Survey” and collectively “Surveys”); and
(4) your eligibility for MileagePlus® miles issued in connection with the MileagePlus® loyalty program (the “Loyalty Program”) operated by United Airlines, Inc. and its affiliates (collectively, “United”), subject to the terms and conditions applicable to the Loyalty Program (individually an “Incentive” andcollectively “Incentives”).
All references in these terms to “Dynata” include Dynata, LLC f/k/a Survey Sampling International, LLC, and its parents, subsidiaries, and affiliates. All references in these Terms to “us” or “we” refer to Dynata.
By joining the Panel; using and/or accessing the Website; by participating in any Survey; or receiving Incentives, you hereby expressly agree to comply with, and be bound by, these Terms.
Dynata reserves the right to: (i) refuse or reject an individual for Panel membership; (ii) terminate Panel membership with or without cause; (iii) limit, restrict, or prohibit an individual’s use of, and/or access to, the Website; (iv) limit, restrict, or prohibit an individual’s participation in any Survey(s); at any time, in its sole discretion; and (v) limit, restrict, or prohibit your receipt of or access to Incentives; at any time, in its sole discretion.
Panel membership is subject to certain requirements, restrictions and/or limitations, including, without limitation, those pertaining to minimum age and geographic requirements. We allow one (1) member per unique email address. Dynata may refuse our services to anyone at any time, at our sole discretion.
The Website is strictly for personal, non-commercial use. You may use the Website only when and as available. Dynata reserves the right to change, modify, or eliminate, and/or restrict or block access to, all or any part of the Website, without notice, at any time and from time-to-time.
Dynata provides Panel members with the opportunity to participate in Surveys. Participation in Surveys is voluntary. By agreeing to become a member of the Panel, you hereby agree to participate in Surveys. Additionally, Dynata provides Panel members with the opportunity to communicate with other Panel members and/or Dynata. You may unsubscribe from Panel membership at any time, see Section 10 "Opt Out Policy" below.
You acknowledge and agree that the responses you provide or disclose in connection with a Survey are and will remain the sole and exclusive property of the sponsor(s) of the Survey and by your act of providing responses, you hereby forfeit all right, title, and interest in and to the responses. Further, you acknowledge and agree that Dynata and Dynata’s clients may use the responses from your Surveys for any reason, without notice to and consent from you and without any additional consideration or compensation due and owing.
In order to register as a member of the Panel, you must register with the Website and provide certain Personal Information. Panel members are required to truthfully provide all information. Dynata reserves the right to terminate Panel membership, and/or restrict or prohibit participation in Surveys, if you provide information that is, or that is reasonably suspected to be, untrue, inaccurate, not current, or incomplete.
Dynata will either: (i) issue a user name and password to a member of the Panel, or (ii) permit a member of the Panel to create his/her own user name and password. Panel members are solely responsible for the security of their user names and passwords and will be solely liable and responsible for any use, whether authorized or unauthorized, of their membership accounts. Dynata strongly recommends against the use of a social security number, financial account number, or any other identification or account number, as a user name or password.
Panel membership is specific to the individual who registered and completed the demographic and other profile information sections. Incentives are awarded to an individual and are not transferable. Incentives are not tangible property, and therefore cannot be sold, transferred, or assigned to another Panel member or individual under any circumstances.
You acknowledge that you are performing any and all services for Dynata in the capacity of an independent contractor, and no agency, partnership, join venture, employee-employer or franchisor-franchisee relationship is intended or created by this agreement. You further acknowledge that any Incentives earned by successfully completing applicable Surveys constitute the entirety of compensation arising out of this relationship.
You agree not to:
(i) Use spiders, robots or other automated data mining techniques to catalog, download, store, or otherwise reproduce or distribute content available on the Website, or to manipulate the results of any Survey or any prize draw;
(ii) Take any action to interfere with the Website or an individual’s use of the Website, including, without limitation, by overloading, “flooding”, “mail bombing” or “crashing” the Website;
(iii) Send, to Dynata, and/or to or from the Website, any illegal, deceptive, or harmful code, including, without limitation, any virus, spyware, adware, or any other harmful code;
(iv) Send unsolicited emails, including, without limitation, promotions and/or advertising of products or services;
(v) Open, use, or maintain more than one (1) membership account within the Panel;
(vi) Forge or mask your true identity;
(vii) Frame a portion(s) of the Website within another website or alter the appearance of the Website;
(viii) Establish links from any other website to any page of, on, or located within the Website, without the prior express written permission of Dynata, and in no event shall links to any page other than the Website home page be established;
(ix) Post or transmit any threatening, libelous, defamatory, obscene, scandalous, or inflammatory material or content or any material or content that could otherwise violate Applicable Laws (as defined herein);
(x) Intentionally or willfully submit falsified data or commit any other fraudulent act(s), including without limitation attempts to earn Incentives or redeem Incentives in any manner conflicts with the intent of these Terms; attempts to fraudulently earn, redeem, or purchase Incentives; or tampering with surveys or links;
(xi) Reverse engineer any aspect of the Website or do or take any act that might reveal or disclose the source code, or bypass or circumvent measurers or controls utilized to prohibit, restrict or limit access to any webpage, content or code, except as expressly permitted by Applicable Laws;
(xii) Engage in any criminal act(s); or
(xiii) Encourage and/or advise any individual, including, without limitation, any Dynata employee, to commit any act(s) prohibited hereunder.
You acknowledge and agree that Dynata will fully cooperate with all legal disclosure request(s) (e.g. court order or subpoena).
You will have access to certain intellectual property, content, and material owned or licensed by Dynata or Dynata’s clients (“Restricted Content”). Restricted Content is and will remain the sole and exclusive property of the owner of the Restricted Content. You have a limited right to access and review Restricted Content solely in connection with your participation in Surveys, membership with the Panel, and/or use of the Website. Except as set forth herein, you do not have and will not obtain or receive any rights, title, and/or interest in or to any Restricted Content. You agree to protect the confidentiality and secrecy of the Restricted Content and agree not to sell, modify, copy, reproduce, create derivative works of, republish, display, transmit, distribute, reverse engineer, decompile, use (except as set forth in these Terms), or otherwise exploit Restricted Content without the prior express written consent of the owner. Restricted Content may be protected by copyright or trademark laws and you shall abide by all copyright and trademark notices, information, or restrictions contained in any Restricted Content accessed through your participation in Surveys, membership with the Panel, and/or use of the Website.
You may submit, upload, or transmit content or material, including, without limitation, photos, videos, and/or any other similar or related content or material (“User Content”). If you submit User Content in connection with functionality available with a Survey, the Website, and/or the Panel, the User Content may become publicly available and may be shared with third parties including, without limitation, Dynata’s clients, clients of Dynata’s clients, and third party service providers. User Content should only include audio, video, images, or the likeness of the individual submitting the User Content and should not contain copyrighted or trademarked content or material of any third party. User Content should not include audio, video, images, or the likeness of anyone other than the user.
You grant Dynata a perpetual, nonexclusive, world-wide, royalty free, transferrable, sub-licensable right and license to use, copy, transmit, excerpt, publish, distribute, publicly display, publicly perform, create derivative works of, host, index, cache, tag, encode, modify and adapt (including, without limitation, the right to adapt to streaming, downloading, broadcast, mobile, digital, thumbnail, scanning or other technologies), in any form or media, now known or hereinafter developed, any User Content, including any User Content posted, submitted, or uploaded to the Application and/or the Services through a third party.
You are solely responsible for the User Content. Dynata does not and cannot review all User Content and Dynata is not responsible for the User Content. Dynata reserves the right to delete, move, or edit User Content, that is, in Dynata’s sole discretion, deemed to: (i) violate these Terms, (ii) violate copyright or trademark laws, or (iii) be abusive, defamatory, obscene, or otherwise unacceptable.
You will have the opportunity to receive Incentives in connection with your completion of or participation in Surveys. The terms and conditions for Dynata’s Incentives programs are available on the Website. Dynata may engage a third party or third parties to administer Dynata’s Incentives program.
Where applicable, the Incentive being offered for a Survey will be displayed with each survey invitation or on the opening page to the survey. Determination of eligibility for Incentives may be made at any time during the survey for reasons which may include, but are not necessarily limited to demographics, inconsistencies, overly hurried responses, or for other reasons. A panelist will be eligible to earn Incentives provided that the Panelist is in good standing with Dynata. In some cases, Surveys offered by Dynata are hosted by unaffiliated partners, in such cases, the decision to award Incentives lies solely within our partner(s) discretion, and such decisions are final.
MileagePlus® miles accrued, awards, and benefits issued are subject to change and are subject to the rules of the Loyalty Program. Please allow 1 week after completed qualifying activity for MileagePlus® miles to post to your account. United may change the Loyalty Program including, but not limited to, rules, regulations, travel awards and special offers or terminate the Loyalty Program at any time and without notice. Bonus award miles, award miles and any other miles earned through non-flight activity, including without limitation, the MileagePlus® miles accrued in connection with your membership with the Panel and completion of Surveys, do not count or qualify for Premier® status unless expressly stated otherwise. United and its subsidiaries, affiliates and agents are not responsible for any products and services of other participating companies and partners. Taxes and fees related to award travel are the responsibility of the member. The accumulation of mileage or Premier status or any other status does not entitle members to any vested rights with respect to the program. United and MileagePlus® are registered service marks. For complete details about the Loyalty Program, go to www.united.com .
Panel members agree to promptly notify Dynata of any changes in or to information contained in their member profile. Panel members agree to review and update, as necessary, membership profiles no less frequently than once every six (6) months. A member of the Panel may update, correct, and/or delete information contained in his or her membership profiles by: (i) accessing his or her Panel membership account; or (ii) sending an email to firstname.lastname@example.org .
Panel members may opt-out from Panel membership, at any time, by: (i) following the unsubscribe procedures described on the Website or contained in any Survey email invitation; or (ii) by sending an email to email@example.com . Dynata shall use reasonable efforts to read and respond to each email request within two (2) to three (3) business days. Upon termination, a Panelist’s contact information will be removed from any further communication or contact lists. Please allow a few days for the complete removal of contact information from Dynata’s communication or contact lists for the applicable Panel; during which time period the Panel member may receive communications which were created or compiled prior to termination. Dynata may retain Personal Information and your profile data and any other information relating to your Survey participation, membership with the Panel, and Incentives information for up to one (1) year following Dynata’s processing of your opt-out request or for such other period as may be required or permissible by law.
Panel members may sign up to receive a newsletter that provides information on new features or contests. A Panel member may opt-out from receiving Dynata’s newsletter by clicking the unsubscribe button or link contained within the newsletter and following any instructions or prompts.
You may be able to voluntarily link or connect to websites maintained and/or operated by third parties (“Third Party Websites”). Dynata does not endorse any Third Party Website nor any products, services, and/or opportunities advertised, offered and/or sold by, through or in connection with any Third Party Website (“Third Party Information”). Dynata does not make any representations or warranties regarding the Third Party Websites and/or the Third Party Information. Please carefully review all policies and terms applicable to the Third Party Websites and the Third Party Information.
All communications and User Content submitted or transmitted by You to Dynata, by electronic mail or otherwise, shall be treated as non-confidential and non-proprietary information, unless specifically indicated by You either prior to, or contemporaneously with, the submission or transmission of such communications and User Content. You agree that any such communications and User Content may be used by Dynata for any legal reason.
THE WEBSITE, INCLUDING ALL INFORMATION, CONTENT, MATERIAL, COMMENTARY AND SERVICES MADE AVAILABLE ON, OR THROUGH, THE WEBSITE, ARE PROVIDED “AS IS”. DYNATA DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER IN CONNECTION WITH ANY INFORMATION, CONTENT, MATERIAL, COMMENTARY, OR SERVICES MADE AVAILABLE ON, OR THROUGH, THE WEBSITE, INCLUDING, WITHOUT LIMITATION, ANY INFORMATION, CONTENT, MATERIAL, OR COMMENTARY SUBMITTED, UPLOADED, OR POSTED BY ANY PANEL MEMBER. FURTHER, DYNATA HEREBY DISCLAIMS ANY AND ALL EXPRESS OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATIONS, NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE. DYNATA DOES NOT WARRANT THAT THE TOOLS OR FUNCTIONS CONTAINED IN THE WEBSITE OR ANY CONTENT, MATERIAL, COMMENTARY, INFORMATION AND/OR SERVICES CONTAINED THEREIN, WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, THAT THE SYSTEMS OR THE SERVER(S) THAT SUPPORT THE WEBSITE AND MAKE THE WEBSITE AVAILABLE WILL BE CORRECTED, OR THAT THE SYSTEMS OR THE SERVER(S) THAT SUPPORT THE WEBSITE AND MAKE THE WEBSITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. DYNATA DOES NOT PROVIDE ACCESS OR CONNECTION TO THE INTERNET AND IS NOT AND SHALL NOT BE RESPONSIBLE OR LIABLE FOR THE ACTIONS OR OMISSIONS OF THIRD PARTIES THAT INTERFERE WITH, LIMIT, RESTRICT, OR PREVENT ACCESS OR CONNECTION TO, OR USE OF, SURVEYS, DYNATA’S SERVICES, AND/OR THE WEBSITE.
All information posted on the Website is subject to change, at any time, without prior notice. These Terms may be changed at any time without prior notice from Dynata. Any changes to these Terms will be posted in the area or location Dynata deems most appropriate. Dynata strongly recommends that you check the Website frequently for any changes. By using and/or accessing the Website, continuing Panel membership to, in, or with the Panel, participating in a Survey(s), or receiving or redeeming Incentives, after these Terms have been modified, constitutes your acceptance of these Terms, as modified.
You agree to indemnify, defend and hold harmless Dynata, United, their parents, affiliates and subsidiaries and each of their respective divisions, members, managers, shareholders, directors, officers, employees and agents from and against any and all claims, liabilities, losses, judgments, awards, fines, penalties and costs and/or expenses of any kind, including, without limitation, reasonable attorneys’ fees and court costs, arising out of, resulting from, in connection with, or caused by, whether directly or indirectly, your breach or violation of these Terms.
You further agree to indemnify and hold harmless Dynata and United from and against, any actions taken by any individual accessing your account, including but not limited to accumulation of Incentives, redemption of Incentives, and disclosure of passwords to third parties. By accepting Incentives, you hereby release Dynata, United and their parents, subsidiaries, and affiliates, and each of their divisions, members, managers, shareholders, directors, officers, employees, and agents from any and all liability regarding the redemption of Incentives, use of Incentives, or other participation in Incentive programs.
EXCEPT TO THE EXTENT PROHIBITED BY APPLICABLE LAWS, YOU ACKNOWLEDGE AND AGREE THAT IN NO EVENT WILL DYNATA OR UNITED BE LIABLE, OR OTHERWISE RESPONSIBLE, TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL AND/OR PUNITIVE DAMAGES, FOR ANY REASON(S) OR FOR ANY CAUSE(S), REGARDLESS OF WHETHER DYNATA OR UNITED IS INFORMED OF THE POSSIBILITY THE SUCH DAMAGES MAY EXIST.
You acknowledge and agree that you will comply with all applicable international, national, Federal, state, and/or local laws, codes, regulations, rules and/or requirements (“Applicable Laws”) regarding your: (i) use of, and/or access to, the Website; (ii) membership to, in, or with the Panel; (iii) participation in Surveys; and/or (iv) receipt, redemption, and/or use of Incentives.
Without limiting any other available remedies, Dynata may, without notice, suspend or terminate a Panel member’s account(s) if such member breaches, violates, or otherwise fails to abide by, or comply with, these Terms. Panel members hereby agree that the suspension of a membership account(s) shall not prohibit or restrict Dynata from subsequently terminating such membership account(s). In the event Dynata terminates a Panel member’s account(s), Dynata reserves the right to: (i) prohibit the Panel member from re-registering with the Panel; (ii) prohibit or restrict the Panel member’s ability to participate in any Survey(s); and (iii) pursue any and all other remedies available to Dynata.
You may terminate your Panel membership, with or without cause, for any reason or no reason, upon providing notice to Dynata as set forth herein. Dynata may terminate your Panel membership at any time, with or without cause, for any reason or no reason, without notice. In the event of termination as set forth in this paragraph, your Panel membership will immediately terminate.
Dynata reserves the right to de-activate your Panel membership account, without notice,: (a) if your membership account does not remain Active (as defined herein); (b) if Dynata receives a hard bounce or delivery failure notice in regards to email communications sent by Dynata to your email account; or (c) if Dynata receives a “mailbox full” reply notice three (3) times in regards to email communications sent by Dynata to your email account. For the purpose of these Terms, “Active” means that you: (i) participate in a Survey, at least, once every six (6) months; or (ii) update your profile or member information once every six (6) months.
A. Restriction. Dynata employees and their Immediate Family Member(s) (as defined herein) are not eligible to receive any payments, prizes, or incentives for taking Surveys. For the purpose of this Section 20, the term “Immediate Family Member(s)” includes parents, spouses, children or significant others (i.e. girlfriends/boyfriends, domestic partners, and spousal equivalents).
B. Procedures. Dynata’s employees may join the Panel, or take part in a Survey, only after receiving written permission from their respective manager, and only for the sole purpose of improving Dynata’s products and/or services. Dynata’s employees must always be honest and report accurate information in connection with joining the Panel or participating in a Survey. If altered demographic data must be used, for specific testing, or other legitimate purposes, Dynata’s management will give specific written consent and instructions on how to report this activity and ensure that such data is not included in the final Survey results.
C. Improper Conduct. Except as authorized by Dynata’s management in writing; Dynata classifies the intentional or willful falsification of data as a fraudulent act. Any Dynata employee found to have committed fraud or coached any respondent on how to manipulate the Panel or Survey system; will be in violation of Dynata’s Standards of Conduct as set forth in Dynata’s employee handbook. In the event that such fraudulent act(s) are committed or perpetrated by an employee of Dynata, whether alone or in connection with another party, such employees’ employment with Dynata will immediately be terminated. In the event that a Panel member is found to have cooperated or participated in such fraudulent act(s), such Panel member will be subject to appropriate disciplinary action(s) as permitted pursuant to these Terms.
The names, logos, icons, and graphics used on this website in connection with or identifying the products or services of Dynata, any other content or material embodying or consisting of patentable or copyrightable work on the Dynata site are proprietary marks of Dynata. All other trademarks and or copyrights appearing on the Dynata site are the property of their respective owners, and unless otherwise stated, are not affiliated.
The content of Dynata and the Website is intended for the personal, noncommercial employment of its users, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from such materials or content, including Dynata intellectual property.
A. Notice From You to Dynata. Except as otherwise set forth herein, or as required by Applicable Laws, all notices to be sent or provided to Dynata should: (i) be correctly addressed to the applicable business address, and shall be sufficiently delivered if delivered: (a) by Federal Express, Express Mail, or other nationally or internationally recognized overnight courier service (in which case notice shall be effective one (1) business day following dispatch); or (b) by certified mail, return receipt requested, postage prepaid (in which case notice shall be effective six (6) days following deposit in mail); or (ii) be sent via email to firstname.lastname@example.org.
B. Notice From Dynata to You. Except as otherwise required by Applicable Laws, you agree that Dynata may provide notices to you: (i) via the e-mail address provided by you to Dynata (in which case notice shall be effective one (1) day following the date the e-mail was sent, provided that Dynata did not receive an error message stating that delivery of the e-mail was delayed, that the e-mail address was invalid, or that the e-mail otherwise could not be delivered); (ii) by certified mail, return receipt requested, postage prepaid addressed to the address provided by you to Dynata (in which case notice shall be effective six (6) days following deposit in mail); or (iii) by posting notices on the Website. You agree to check the Website frequently for notices and to keep your Personal Information up-to-date.
C. Legal Notice. All questions regarding these Terms and all legal notices should be sent, in accordance with Section 22.A. of these Terms, to:
Dynata, LLC f/k/a Survey Sampling International, LLC
6 Research Drive
Shelton, Connecticut 06484.
Attn: Legal Department
or via email to: email@example.com
D. Notice to Copyright Agent.
(i). General Information.
It is Dynata’s policy to respond to clear notices of alleged copyright infringement. This Section describes the information that should be present in these notices. Please note that in response to such notices, Dynata reserves the right to take any action deemed necessary by Dynata, including, without limitation, the right to remove or take-down, or disable access to, material or content claimed to be the subject of infringing activity.
(ii). Notice of Copyright Infringment.
Dynata respects the intellectual property rights of others and is committed to complying with all Applicable Laws, including, without limitation, the Digital Millennium Copyright Act of 1998, as amended (“DMCA”). If anyone has a good-faith belief that content and/or material located on, or within, the Website is being used in a manner that constitutes copyright infringement; such person may provide notice of such infringement, which notice must include:
The foregoing notice should be sent to Dynata’s Copyright Agent as follows:
By regular mail or nationally or internationally recognized overnight courier service to:
Dynata, LLC f/k/a Survey Sampling International, LLC
6 Research Drive
Shelton, Connecticut 06484
Attn: General Counsel
Please note the foregoing notice may be forwarded by Dynata to the individual who provided or supplied the allegedly infringing material or content.
If you receive a copyright infringement notice from Dynata and you feel that such notice was wrongly filed against you, you may file a counter notification with Dynata’s copyright agent, which notice must include the following:
The foregoing counter-notice should be sent to Dynata’s Copyright Agent as set forth in Section 22(D)(ii), above.
Please be advised that:
If any provision of these Terms shall be held or declared to be invalid or unenforceable for any reason by any court of competent jurisdiction, such provision shall be deemed null and void and shall not affect the application and/or interpretation of these Terms. The remaining provisions of these Terms shall continue in full force and effect, as if the invalid or unenforceable provision was not a part of these Terms.
These Terms shall be governed by and construed in accordance with the laws of the state of Connecticut, USA, without regard to any portion of any choice of law principles (whether those of Connecticut or any other jurisdiction) that might provide for application of a different jurisdiction’s law. Any controversy or claim arising out of or relating to these Terms and/or your Panel membership shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in either Fairfield County, Connecticut, USA and judgment on the arbitration award may be entered in any court having jurisdiction thereof. Notwithstanding the foregoing, in no event shall you or Dynata be prohibited, restricted or limited from seeking equitable relief from a court of competent jurisdiction located in Fairfield County, Connecticut, USA, to protect rights and/or property from damage or injury. For the avoidance of doubt, this Section 24 shall not be applicable with respect to any dispute between you and United.
The headings contained in these Terms are for reference only and shall have no effect on the interpretation and/or application of these Terms. Dynata’s failure to enforce a breach by you of these Terms shall not waive or release you from such breach and shall not waive, release or prevent Dynata from enforcing any subsequent breach by you of these Terms. These Terms, any policy or policies referenced or incorporated herein, and any Panel specific requirements, represent the entire understanding and agreement between Dynata and you with respect to the subject matter hereof.
Last Updated: August 15th, 2013