The e-Rewards® Medical Market Research Program ("e-Rewards MMR Program") is owned by Dynata Global UK Limited (f/k/a Research Now Limited) ("Dynata"), a UK company. The e-Rewards MMR Program is provided subject to compliance with the terms and conditions of this member agreement ("Member Agreement").
Please read this Member Agreement carefully before accessing or using the e-Rewards MMR Program. By accessing or using the e-Rewards MMR Program, you agree to be bound by the terms and conditions set forth below, as if you had actually signed them.
If you do not agree to the terms and conditions set forth below, you may not use the e-Rewards MMR Program. If you use the e-Rewards MMR Program, you acknowledge and agree that this Member Agreement is a legally binding contract between you and Dynata. Dynata may modify the terms and conditions in this Member Agreement as described below. You agree to review the Member Agreement often to familiarize yourself with such modifications.
By completing the registration process, you become an authorized user of the e-Rewards MMR Program (a "Member").
The e-Rewards MMR Program is limited to individuals only; corporations or other business entities may not become Members.
The e-Rewards MMR Program is limited to healthcare professionals. Dynata reserves the right to use third-party data and/or services to validate Members' status as a healthcare professional.
The e-Rewards MMR Program is limited to one (1) account per individual, even if the individual has multiple email addresses.
Employees of Dynata and members of their household are not permitted to participate in the e-Rewards MMR Program.
Automated services, scripts, or other machines are not eligible. Members using automated services, scripts, or other processes to participate in Dynata surveys may have their membership terminated at Dynata's sole discretion.
Member must be eighteen (18) years of age or older to be eligible for the e-Rewards MMR Program.
Member must be a legal resident of Canada to be eligible for the e-Rewards MMR Program.
Member may only participate in surveys when physically located in the country of residence specified during enrollment into the e-Rewards MMR Program.
If Member is subject to state licensing requirements and Member loses licensed status, Member may become ineligible to participate in the e-Rewards MMR Program.
Member Registration Obligations
Equipment. In order to access and use the e-Rewards MMR Program, Member needs computer and telecommunications access necessary to connect to and access the Internet. Member must provide, at Member's own expense, all equipment, all services (including, where applicable, telephone service) and all related third-party service fees (such as ISP charges) necessary to access the e-Rewards MMR Program and any future enhancements or additional services.
Registration Data. In consideration of use of the e-Rewards MMR Program, Member agrees to provide to Dynata and its third-party partners true, accurate, current, and complete information as prompted by this website's online registration form (the "Registration Data") and agrees to maintain and promptly update the Registration Data as necessary in order to keep it true, accurate, current, and complete. If Member provides any information that is untrue, inaccurate, not current, or incomplete, Dynata may suspend or terminate Member's membership immediately and may refuse Member all current or future use of the e-Rewards MMR Program.
Member's Account Access Rights & Responsibilities
In order to prevent unauthorized activity or access to the e-Rewards MMR Program, Member must give the e-Rewards MMR Program his/her email address in order to update Member profile information, update personal information (name, email address, etc.) and earn rewards.
Member is responsible for keeping his/her email address confidential, and is solely responsible for all activities that occur under Member's email address, including all unauthorized activities.
Member agrees to immediately notify Dynata of any unauthorized use of Member's email address or any other breach of security related to this website or the e-Rewards MMR Program.
Member agrees to abide by all applicable laws and regulations with respect to Member's account.
Dynata Account Access Rights & Responsibilities
Dynata is entitled to act on instructions received under Member's email address.
Dynata cannot and will not be liable for any loss or damage arising from Member's failure to adequately safeguard Member's email address, provided that such results are not attributable to a failure of Dynata, including but not limited to Dynata's fraud or gross negligence.
Member agrees to accept personalized information, offers and invitations to answer surveys from Dynata or its third-party clients ("Client(s)") via electronic mail, facsimile, and direct (physical) mail.
Member can earn a reward each time Member responds to an invitation to participate in a market research survey.
The reward amount that can be earned will be stipulated in each invitation.
Member acknowledges that he/she may not be eligible to receive invitations to certain surveys.
When Member completes a survey offering a reward, Member will earn the reward as stated in the survey invitation.
Reward options are redeemable from the Reward Center only. Member may choose from a virtual e-Rewards Medical Visa* Prepaid Card (ready for use instantly), a physical Visa Prepaid Card (which will be mailed to the Member within 5-7 business days), or save ("bank") the reward for later. Any reward balance that is banked in the Reward Center will remain available and may be redeemed at any time.
Payment will be in CAD.
Dynata SSI is not responsible for expired, lost, missing, or undelivered rewards.
Member may request a lost or missing reward be reissued no more than ninety (90) days after completion of the qualifying survey.
Once an e-Rewards Medical Visa Prepaid Card depleted, no adjustments will be made and the reward will not be reissued
By completing the registration process and utilizing the e-Rewards MMR program, you acknowledge and agree that Dynata is not a bank or any other kind or form of financial institution and that Dynata does not maintain your account for any purpose other than those specified herein. You further agree that the reward credited to your account are only account entrees that entitle you to the amount of the credited reward in accordance with these terms and conditions.
You may be required under federal, provincial, and/or local laws to pay taxes on the reward you earn. You acknowledge that we may supply information to taxing agencies, or withhold taxes, at the request of those agencies or as we in our sole discretion deem appropriate. You acknowledge and agree that you will provide Dynata with any additional personal information that Dynata needs to comply with any reporting or withholding obligations. Your failure to provide such information within thirty (30) days of a request sent by Dynata to the primary mailing address registered at that time may result in the delay of payment of your reward.
Participation in Surveys
Member's Participation in Dynata and Client Surveys Rights & Responsibilities
Member's participation in Dynata and Client surveys is solely at Member's discretion. Dynata will not be in any way responsible for personally identifiable information that Member may voluntarily share with Client in the course of answering a survey.
Member is responsible for complying with any rules or terms set forth by Client.
Dynata's Participation in Client Surveys Rights & Responsibilities
Dynata assumes no liability, obligation or responsibility for, and makes no warranty with respect to, any content provided by Clients or any part thereof.
Dynata assumes no liability, obligation, or responsibility for the transactions between Member and Client, including but not limited to:
Fulfillment and timeliness of delivery of Client goods or services.
Security associated with credit card or other transactions directly initiated by Member with Client.
Maintenance of privacy of any personal information given by Member directly to Client.
Member agrees that Dynata shall not be responsible or liable for any loss or damage of any sort incurred as the result of any dealings between Member and Clients, or as the result of the presence of such Clients websites on this website or via the e-Rewards MMR Program.
The limitations and exclusions above in Section 5b i. and ii. shall be subject to local law considerations.
Proprietary Rights to Content
Member agrees that title, ownership rights, and other intellectual property and proprietary rights in the e-Rewards MMR Program shall remain in Dynata and/or its licensors and suppliers.
Member acknowledges that the content of this website and the e-Rewards MMR Program - including but not limited to text, sound, photographs, graphics, software or other material contained in either Dynata or Client electronic mail communications, services or software - is copyrighted by Dynata and/or its licensors and suppliers under United States and international copyright laws, is subject to other intellectual property and proprietary rights and laws, and is owned by Dynata or its licensors and suppliers. Such content may not be copied, modified, reproduced, republished, posted, transmitted, sold, offered for sale, or redistributed in any way without the prior written permission of Dynata and its applicable licensors or suppliers, with the sole exception that one copy of any necessary software that may be provided by Dynata or its Clients, may be downloaded onto a single computer for Member's personal, noncommercial use. Member must abide by all copyright notices, information, or restrictions contained in or attached to any such content.
Member may use Dynata's or Client's content, service or software only as expressly authorized by Dynata or the Client.
Member acknowledges and agrees that the e-Rewards MMR Program and any necessary software provided by Dynata, its Clients, or other third-party partners and used in connection with the Services ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. Dynata grants Member a personal, nontransferable and nonexclusive right and license to use the object code of any such Software on a single computer and solely in connection with Member's use of this Web site and the e-Rewards MMR Program; provided that Member does not (and does not allow any third party to) otherwise copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, rent, lease, loan, sublicense, grant a security interest in, or otherwise transfer any right in any such Software. Member agrees not to modify any such Software in any manner or form, or to use modified versions of any such Software, including (without limitation) for the purpose of obtaining unauthorized access to the e-Rewards MMR Program. Member agrees not to access the e-Rewards MMR Program by any means other than through the interface that is provided by Dynata for such use.
Member agrees not to use the e-Rewards MMR Program or this website to:
Violate any local, state, national or international law;
Stalk, harass, or harm another individual;
Collect or store personal data about other Members;
Impersonate any person, or otherwise misrepresent Member's identity;
Interfere with, disrupt or violate the terms and conditions and operating rules of the e-Rewards MMR Program or servers or networks connected to the e-Rewards MMR Program; or disobey any requirements, procedures, policies, or regulations of such networks;
Interfere with another Member's use of the e-Rewards MMR Program;
Attempt to gain unauthorized access to the e-Rewards MMR Program, or to computer systems, or networks connected to the e-Rewards MMR Program;
Transmit any file that contains viruses, worms, Trojan horses, or any other contaminating or destructive features;
Use the e-Rewards MMR Program to conduct any activity or solicit the performance of any illegal activity or other activity that infringes the rights of others;
Resell, barter, trade, auction or otherwise generate income by providing access to the e-Rewards MMR Program to others.
Member agrees to provide truthful and well considered answers to all survey questions.
Dynata reserves the right to withhold awarding rewards to Member if Member's survey question responses are judged, by Dynata at its sole discretion, to be untruthful or not well considered.
Deactivation of Dormant Members
Dormant Member Definition. A Member is "dormant" if he/she does not participate in an e-Rewards MMR Program survey in more than three hundred sixty-five (365) days from either activating Member's account or from the date of completing an e-Rewards MMR Program survey.
A Dormant Member will be deactivated (“Deactivated Dormant Member”), and will be denied access to the e-Rewards MMR Program.
If a Deactivated Dormant Member wishes to participate in the e-Rewards MMR Program, he/she must re-enroll.
This Member Agreement commences upon Member's acceptance of this Member Agreement and completion of the registration process. This Member Agreement, and your account, may be terminated as follows:
By Member. Member may terminate membership in the e-Rewards MMR Program at any time. Member's termination of the e-Rewards MMR Program is effective upon Member terminating his/her membership on this website.
By Dynata. Dynata may terminate this Member Agreement and Member's use of the e-Rewards MMR Program, and remove and discard any Member content in its sole discretion, effective immediately and without prior notice, for any reason, including, without limitation, failure to provide accurate Registration Data; failure to provide accurate or truthful survey responses; or if Dynata believes that Member has violated or acted inconsistently with the letter or spirit of this Member Agreement.
Effect of Termination. Upon termination by either Member or Dynata:
Dynata may immediately deactivate or delete Member's membership and all related information and files and/or bar any further access to such files or the e-Rewards MMR Program.
Member's right to use the e-Rewards MMR Program ceases immediately.
Should Member object to any of the terms or conditions of this Member Agreement or any subsequent modifications thereto or become dissatisfied with the e-Rewards MMR Program, Member's only recourse is to:
Immediately discontinue use of the e-Rewards MMR Program, and
Properly terminate membership in the e-Rewards MMR Program (see item (a)(i) above).
Member agrees that Dynata shall not be liable to Member or to any third party for any termination of Member's membership or Member's access to the e-Rewards MMR Program.
Member may elect to discontinue receiving electronic communication from Dynata without terminating Member's account by clicking on the unsubscribe link found at the bottom of electronic communications from Dynata.
Survival. The provisions of Sections 4b, 5, 7, 8 and 10 through 18 shall survive any termination of this Member Agreement.
Dynata reserves the right to modify this Member Agreement at any time without prior notice. Dynata may notify Member of changes to this Member Agreement, via email and/or by posting a notice on the e-Rewards MMR website.
Dynata may discontinue, add to or revise any or all aspects of the e-Rewards MMR Program in its sole discretion and without notice, including access to any support services, publications and other products or services ancillary to the e-Rewards MMR Program or membership.
If Member objects to any changes, Member's sole recourse shall be to cease using the e-Rewards MMR Program. Member's continuing use of the e-Rewards MMR Program after notification of any such change(s) constitutes conclusive evidence of Member's acknowledgement of the modification to this Member Agreement and Member's agreement to be bound by such change(s).
Any new or additional features of the e-Rewards MMR Program shall be subject to this Member Agreement.
Except as provided above with respect to modifications of this Member Agreement, Dynata may deliver notices to Member by prepaid certified mail, return receipt requested at the address in Dynata's database, or via electronic mail at the electronic mail address in Dynata's database; any such notice shall be deemed effectively given upon delivery. Member may give notice to Dynata by prepaid certified mail, return receipt requested at the following address: Devon House, 58 St. Katharine's Way, London, United Kingdom E1W 1JP, Attention: Legal Department, and any such notice shall be effective upon receipt.
The provision by Dynata of a link to any website or Internet location is for Member's convenience only and does not signify Dynata's endorsement of such other site or location or its contents. Dynata shall not be liable for any information, software or links found at any other website, Internet location or source of information, or for Member's use of such information, software or links.
Members agrees not to reproduce, duplicate, copy, barter, trade, auction, sell, resell or exploit for any commercial purposes, any portion of this website, the e-Rewards MMR Program, use of the e-Rewards MMR Program, or access to the e-Rewards MMR Program. The e-Rewards MMR Program is provided for Member's personal, noncommercial use only.
Use and Storage
Member acknowledges that Dynata may establish general practices and limits concerning use of the e-Rewards MMR Program, including, without limitation, the maximum number of days that information, data, account history or other uploaded content will be retained by the e-Rewards MMR Program, the maximum disk space that will be allotted on Dynata's servers on Member's behalf, and the maximum number of times (and the maximum duration for which) Member may access the e-Rewards MMR Program in a given period of time. Member acknowledges that Dynata reserves the right to terminate accounts that are inactive for twelve (12) months or longer, as defined inactive by Dynata in its sole discretion. Member further acknowledges that Dynata reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice. Member agrees that Dynata has no responsibility or liability for the deletion or failure to store any information or data and other communications or other content maintained or transmitted by or through the e-Rewards MMR Program.
e-Rewards, the "e" logo, and the e-Rewards Medical Market Research Design are registered trademarks of e-Rewards, Inc. Other e-Rewards trademarks, as well as any third-party trademarks, service marks, logos and trade names appearing on this website or through the e-Rewards MMR Program, are the property of their respective owners.
Disclaimer of Warranties
Member agrees that use of the e-Rewards MMR Program is solely at the risk of the Member.
The e-Rewards MMR Program and all services offered therein are provided on a strictly "as is" and "as available" basis, without representation or warranty of any kind.
Neither Dynata nor its third-party partners make any warranty, express or implied:
With regard to any products, services, or gifts obtained by Members through the e-Rewards MMR Program or through Clients.
That the e-Rewards MMR Program will meet Member's requirements.
That the e-Rewards MMR Program will be uninterrupted, timely, free of errors or without defects.
As to the results a Member may obtain by using the e-Rewards MMR Program.
As to the accuracy or reliability of any information obtained via the e-Rewards MMR Program.
Dynata expressly disclaims any and all express, implied and statutory warranties regarding the e-Rewards MMR Program, information, services or goods provided by or through the e-Rewards MMR Program (other than those incapable of exclusion under the laws applicable to this Member Agreement), including, but not limited to:
The implied warranty of merchantability;
The implied warranties of fitness for a particular user or purpose; and
Dynata cannot and shall not be liable or responsible for those guarantees, warranties and representations, if any, offered by Clients, manufacturers of merchandise or suppliers of services.
No advice or information, whether oral or written, obtained by a Member from Dynata or via the e-Rewards MMR Program shall create any warranty not expressly made herein.
Limitation of Liability
Member understands that all goods and services offered through the e-Rewards MMR Program are offered by third parties, and that Dynata does not operate, control or endorse any information, goods or services in any way.
Neither Dynata nor its officers, directors, stockholders, subsidiaries, employees, agents, licensors, affiliates, or other third-party providers shall be held liable for any damages or losses, whether direct, indirect, incidental, special, consequential or exemplary damages resulting from:
The use or inability to use the e-Rewards MMR Program;
The cost of procurement of substitute goods or services;
Any transaction entered into or through the e-Rewards MMR Program;
The reliance on or use of any information, goods, services or merchandise provided on the e-Rewards MMR Program;
Unauthorized access to or alteration of Member's transmissions or data;
Statements or conduct of any third party;
Any claim attributable to errors, omissions or other inaccuracies in the e-Rewards MMR Program and/or materials or information retrieved through the e-Rewards MMR Program; or
Any other matter relating to the e-Rewards MMR Program or this Member Agreement.
The above limitation is applicable even if Dynata or its authorized representatives have been advised of (or know or should know of) the possibility of such damages.
Because some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages, some of the above limitations and disclaimers may not apply to Member. Member's rights vary from jurisdiction to jurisdiction. To the extent that we may not, as a matter of applicable law, disclaim any implied warranty, the scope and duration of such warranty shall be the minimum permitted under such applicable law.
Member acknowledges and agrees that Dynata neither endorses the contents of any electronic mail or Internet communications nor shall be held responsible or liable for:
The accuracy of material contained in electronic mail, Internet, or other communications.
Any infringement of third-party intellectual property rights arising from the electronic mail, Internet, or other communications.
Any fraud or other crime facilitated by the electronic mail, Internet, or other communications.
Member agrees that Dynata is not liable to Member or to any third party for any modification, suspension or discontinuance of any part or all of the e-Rewards MMR Program, including changes or discontinuances of service from particular providers to the e-Rewards MMR Program.
Laws and Arbitration
The Member Agreement shall be governed by and construed according to Canadian federal law, as applicable, and by the laws of the province of Ontario.
The Member Agreement constitutes the complete, final and exclusive understanding between Dynata and Member relating to the subject matter hereof and governs Member's use of the e-Rewards MMR Program, superseding all prior or contemporaneous understandings, agreements and/or communications with respect to such subject matter.
Member may be subject to additional terms and conditions that may apply when Member obtains or uses third-party content, third-party software or goods and services provided by or through Clients or other third-party partners of e-Rewards MMR Program.
If any provision(s) of the Member Agreement is (are) held by a court of competent jurisdiction to be invalid, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties, and all other provisions shall remain in full force and effect.
Dynata's failure to exercise or enforce any right or provision of this Member Agreement shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Dynata in writing.
Member agrees that notwithstanding any statute or law to the contrary, any claim or cause of action arising out of or related to the use of the e-Rewards MMR Program or this Member Agreement must be filed within one (1) year after the claim or cause of action arose or be forever barred.
Neither the course of conduct between the parties nor trade practice shall act to modify any provision of this Member Agreement.
Dynata may assign its rights and delegate its duties under this Member Agreement to any party at any time without notice to Member.
All headings in this Member Agreement are for convenience only and have no legal effect.
In the event Member or Dynata elects to resolve any claim or dispute between them by arbitration, neither Member nor Dynata shall have the right to litigate that claim in court or to have a jury trial on that claim even if all parties have opted to litigate a claim in court. Member or Dynata may elect arbitration with respect to any claim made by a new party or any new claims later asserted in that lawsuit, and nothing undertaken therein shall constitute a waiver of any rights under this arbitration provision.
Neither Member nor Dynata shall be entitled to join or consolidate claims in arbitration by or against other Members with respect to other accounts, bring mass or consolidated claims in arbitration, or arbitrate any claim as a representative or member of a class or in a private attorney general capacity.
The arbitrator shall only have the authority to resolve individual disputes between Member and Dynata.
Arbitration proceedings are confidential, unless all parties agree otherwise. Arbitration orders and awards are not confidential and may be disclosed by the parties. A party who improperly discloses confidential information shall be subject to sanctions. The arbitrator and forum may disclose case filings, case dispositions, and other case information as required by a court order.
Member agrees to indemnify and hold harmless Dynata and its subsidiaries, predecessors, successors, affiliates, officers, directors, employees, agents, licensors, suppliers, co-branders, third-party providers, Clients, or other partners, from and against any and all claims, losses, costs (including court costs), fees (including legal fees), damages and expenses that such parties may incur as a result of, due to, or arising out of the negligent or willful violation by Member (or anyone acting under Member's account) of this Member Agreement or the use or misuse of the e-Rewards MMR Program by Member (or anyone acting under Member's account), or the violation of any rights of another by Member (or anyone acting under Member's account).