The e-Rewards® Medical Market Research Program ("e-Rewards Medical Program") is owned by Research Now Group, Inc. (formerly known as e-Rewards, Inc.)("Research Now"), a Delaware corporation, 5800 Tennyson Parkway, Suite 600, Plano, TX 75024, USA, and operated by Research Now. The e-Rewards Medical 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 Medical Program. By accessing or using the e-Rewards Medical 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 Medical Program. If you use the e-Rewards Medical Program, you acknowledge and agree that this Member Agreement is a legally binding contract between you and Research Now.Research Now 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 Medical Program (a "Member").
Section 1) Eligibility
The e-Rewards Medical Program is limited to individuals only; corporations or other business entities may not become Members.
The e-Rewards Medical Program is limited to healthcare professionals. Research Now reserves the right to use third-party data and/or services to validate Members' status as a healthcare professional.
The e-Rewards Medical Program is limited to one (1) account per individual, even if the individual has multiple email addresses.
Employees of Research Now and members of their household are not permitted to participate in the e-Rewards Medical Program.
Automated services, scripts, or other machines are not eligible. Members using automated services, scripts, or other processes to participate in Research Now surveys may have their membership terminated at Research Now's sole discretion.
Member must be eighteen (18) years of age or older to be eligible for the e-Rewards Medical Program.
Member must be a legal resident of the United States to be eligible for the e-Rewards Medical Program.
Member may only participate in surveys when physically located in the country of residence specified during enrollment into the e-Rewards Medical Program.
If Member is subject to state licensing requirements and Member loses licensed status, Member may become ineligible to participate in the e-Rewards Medical Program.
Section 2) Member Registration Obligations
Equipment. In order to access and use the e-Rewards Medical 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 Medical Program and any future enhancements or additional services.
Registration Data. In consideration of use of the e-Rewards Medical Program, Member agrees to provide to Research Now 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, Research Now may suspend or terminate Member's membership immediately and may refuse Member all current or future use of the e-Rewards Medical Program.
Section 3) e-Rewards Medical Password & Account Access
Member's Password Account Access Rights & Responsibilities
Member must select a password as part of the e-Rewards Medical Program registration process.
In order to prevent unauthorized activity or access to the e-Rewards Medical Program, Member must give the e-Rewards Medical Program his/her email address and selected password in order to update Member profile information, update personal information (name, email address, etc.) and earn rewards.
For security purposes, Member is advised to memorize, and not to write down, his/her password.
Member is responsible for keeping his/her email address and password confidential, and is solely responsible for all activities that occur under Member's email address and password, including all unauthorized activities.
Member agrees to (a) immediately notify Research Now of any unauthorized use of Member's email address and password or any other breach of security related to this website or the e-Rewards Medical Program, and (b) ensure that Member logs out from Member's account at the end of each session.
Member agrees to abide by all applicable laws and regulations with respect to Member's account.
Research Now's Password & Account Access Rights & Responsibilities
Research Now will encrypt Member's password on the database.
Research Now is entitled to act on instructions received under Member's password and email address.
Research Now cannot and will not be liable for any loss or damage arising from Member's failure to adequately safeguard Member's email address and/or password, provided that such results are not attributable to a failure of Research Now, including but not limited to Research Now's fraud or gross negligence.
Section 4) Reward Center Password & Account Access
In order to use an e-Rewards Medical Visa® Prepaid Card, user must first go to the Reward Center and register to participate in the rewards program. User cannot redeem associated promocodes until user has registered. After completing registration, user will have the option to redeem rewarded promocode only for valid redemption options as determined by Research Now.
The e-Rewards Medical Visa® Prepaid Card terms and conditions are located here.
Section 5) Earning Rewards
Member agrees to accept personalized information, offers and invitations to answer surveys from Research Now 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 amount 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 Prepaid Card (which will be mailed to the Member within 5-7 business days), a check (which will be mailed to the Member within 7-10 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.
Member may bank their reward for future redemption, but may only redeem for one check per promocode. Member may combine promocodes to redeem for a larger incentive amount, but will only be able to redeem for a Virtual Visa Card or Physical Visa Card.
Payments via check will be mailed to the Member to the U.S. mailing address provided by the Member in the "My Profile" section within the Reward Center. Member is responsible for providing accurate name and mailing address information in the Reward Center.
Payment will be in U.S. dollars, drawn upon a U.S. bank.
Research Now 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 a reward check has been cashed or 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 Medical Program, you acknowledge and agree that Research Now is not a bank or any other kind or form of financial institution and that Research Now does not maintain your account for any purpose other than those specified herein. You further agree that the rewards 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, state, 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 Research Now with any additional personal information via IRS Form W-9, such as social security number or Taxpayer ID number, that Research Now needs to comply with any reporting or withholding obligations. Your failure to provide such information within 30 days of a request sent by Research Now to the primary mailing address registered at that time may result in the delay of payment of your rewards.
Section 6) Participation in Surveys
Member's Participation in Research Now and Client Surveys Rights & Responsibilities
Member's participation in Research Now and Client surveys is solely at Member's discretion. Research Now 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.
Research Now's Participation in Client Surveys Rights & Responsibilities
Research Now assumes no liability, obligation or responsibility for, and makes no warranty with respect to, any content provided by Clients or any part thereof.
Research Now 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 Research Now 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 Medical Program.
The limitations and exclusions above in Section 6b i. and ii. shall be subject to local law considerations.
Section 7) Proprietary Rights to Content
Member agrees that title, ownership rights, and other intellectual property and proprietary rights in the e-Rewards Medical Program shall remain in Research Now and/or its licensors and suppliers.
Member acknowledges that the content of this website and the e-Rewards Medical Program - including but not limited to text, sound, photographs, graphics, software or other material contained in either Research Now or Client electronic mail communications, services or software - is copyrighted by Research Now and/or its licensors and suppliers under U.S. and international copyright laws, is subject to other intellectual property and proprietary rights and laws, and is owned by Research Now 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 Research Now and its applicable licensors or suppliers, with the sole exception that one copy of any necessary software that may be provided by Research Now 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 Research Now's or Client's content, service or software only as expressly authorized by Research Now or the Client.
Member acknowledges and agrees that the e-Rewards Medical Program and any necessary software provided by Research Now, 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. Research Now 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 website and the e-Rewards Medical 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 Medical Program. Member agrees not to access the e-Rewards Medical Program by any means other than through the interface that is provided by Research Now for such use.
Section 8) Member Conduct
Member agrees not to use the e-Rewards Medical 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 Medical Program or servers or networks connected to the e-Rewards Medical Program; or disobey any requirements, procedures, policies, or regulations of such networks;
Interfere with another Member's use of the e-Rewards Medical Program;
Attempt to gain unauthorized access to the e-Rewards Medical Program, or to computer systems, or networks connected to the e-Rewards Medical Program;
Transmit any file that contains viruses, worms, Trojan horses, or any other contaminating or destructive features;
Use the e-Rewards Medical 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 Medical Program to others.
Member agrees to provide truthful and well considered answers to all survey questions.
Research Now reserves the right to withhold rewards from Member if Member's survey question responses are judged, by Research Now at its sole discretion, to be untruthful or not well considered.
Section 9) Deactivation of Dormant Members
Dormant Member Definition. A Member is “dormant” if he/she does not participate in an e-Rewards Medical 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 Medical Program survey.
A Dormant Member will be deactivated (“Deactivated Dormant Member”), and will be denied access to the e-Rewards Medical Program and to this website.
If a Deactivated Dormant Member wishes to participate in the e-Rewards Medical Program, he/she must re-enroll.
Section 10) Termination
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 Medical Program at any time. Member's termination of the e-Rewards Medical Program is effective upon Member terminating his/her membership on this website.
By Research Now.Research Now may terminate this Member Agreement and Member's use of the e-Rewards Medical 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 Research Now 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 Research Now:
Research Now 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 Medical Program.
Member's right to use the e-Rewards Medical 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 Medical Program, Member's only recourse is to:
Immediately discontinue use of the e-Rewards Medical Program, and
Properly terminate membership in the e-Rewards Medical Program (see item (a)(i) above).
Member agrees that Research Now 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 Medical Program.
Member may elect to discontinue receiving electronic communication from Research Now without terminating Member's account by clicking on the unsubscribe link found at the bottom of electronic communications from Research Now.
Survival. The provisions of Sections 4b, 5, 7, 8 and 10 through 18 shall survive any termination of this Member Agreement.
Research Now reserves the right to modify this Member Agreement at any time without prior notice. Research Now may notify Member of changes to this Member Agreement, via email and/or by posting a notice on the e-Rewards Medical Program website.
e-Rewards may discontinue, add to or revise any or all aspects of the e-Rewards Medical 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 Medical Program or membership.
If Member objects to any changes, Member's sole recourse shall be to cease using the e-Rewards Medical Program. Member's continuing use of the e-Rewards Medical 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 Medical Program shall be subject to this Member Agreement.
Section 13) Notice
Except as provided above with respect to modifications of this Member Agreement, Research Now may deliver notices to Member by prepaid certified mail, return receipt requested at the address in Research Now's database, or via electronic mail at the electronic mail address in Research Now's database; any such notice shall be deemed effectively given upon delivery. Member may give notice to Research Now by prepaid certified mail, return receipt requested at the following address: 5800 Tennyson Parkway, Suite 600, Plano, TX 75024, Attention: Legal Department, and any such notice shall be effective upon receipt.
Section 14) Links
The provision by Research Now of a link to any website or Internet location is for Member's convenience only and does not signify Research Now's endorsement of such other site or location or its contents. Research Now 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.
Section 15) No Resale
Member 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 Medical Program, use of the e-Rewards Medical Program, or access to the e-Rewards Medical Program. The e-Rewards Medical Program is provided for Member's personal, noncommercial use only.
Section 16) Use and Storage
Member acknowledges that Research Now may establish general practices and limits concerning use of the e-Rewards Medical 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 Medical Program, the maximum disk space that will be allotted on Research Now's servers on Member's behalf, and the maximum number of times (and the maximum duration for which) Member may access the e-Rewards Medical Program in a given period of time. Member acknowledges that Research Now reserves the right to terminate accounts that are inactive for twelve (12) months or longer, as defined inactive by Research Now in its sole discretion. Member further acknowledges that Research Now reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice. Member agrees that Research Now 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 Medical Program.
Section 17) Trademark Information
e-Rewards, the “e” logo, and the e-Rewards Medical Market Research Design are registered trademarks of Research Now Group, Inc. Other Research Now trademarks, as well as any third-party trademarks, service marks, logos and trade names appearing on this website or through the e-Rewards Medical Program, are the property of their respective owners.
Section 18) Disclaimer of Warranties
Member agrees that use of the e-Rewards Medical Program is solely at the risk of the Member.
The e-Rewards Medical 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 Research Now 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 Medical Program or through Clients.
That the e-Rewards Medical Program will meet Member's requirements.
That the e-Rewards Medical Program will be uninterrupted, timely, free of errors or without defects.
As to the results a Member may obtain by using the e-Rewards Medical Program.
As to the accuracy or reliability of any information obtained via the e-Rewards Medical Program.
Research Now expressly disclaims any and all express, implied and statutory warranties regarding the e-Rewards Medical Program, information, services or goods provided by or through the e-Rewards Medical 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
Research Now 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 Research Now or via the e-Rewards Medical Program shall create any warranty not expressly made herein.
Section 19) Limitation of Liability
Member understands that all goods and services offered through the e-Rewards Medical Program are offered by third parties, and that Research Now does not operate, control or endorse any information, goods or services in any way.
Neither Research Now 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 Medical Program;
The cost of procurement of substitute goods or services;
Any transaction entered into or through the e-Rewards Medical Program;
The reliance on or use of any information, goods, services or merchandise provided on the e-Rewards Medical 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 Medical Program and/or materials or information retrieved through the e-Rewards Medical Program; or
Any other matter relating to the e-Rewards Medical Program or this Member Agreement.
The above limitation is applicable even if Research Now 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 Research Now 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 Research Now 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 Medical Program, including changes or discontinuances of service from particular providers to the e-Rewards Medical Program.
Section 20) Laws and Arbitration
The Member Agreement shall be governed by and construed according to United States federal law, as applicable, and by the laws of the state of Texas as applied to agreements made, entered into and performed entirely in Texas by Texas residents, notwithstanding the actual residence of the parties.
The Member Agreement constitutes the complete, final and exclusive understanding between Research Now and Member relating to the subject matter hereof and governs Member's use of the e-Rewards Medical 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 Research Now.
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. Research Now and Member agree that all lawsuits or proceedings arising out of this Member Agreement; the enforceability, interpretation, or questions concerning the arbitration provisions set out below; or out of Member's use of the e-Rewards Medical Program shall be brought in the State or Federal Courts located in Dallas County, Texas, and the parties hereby irrevocably submit to the exclusive personal jurisdiction of such courts for such purpose.
Research Now'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 Research Now 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 Medical 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.
Research Now 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.
Any dispute arising under or in respect of this Member Agreement may, at the election of either Member or Research Now, be resolved through binding arbitration in Dallas County, Texas, before a single arbitrator in accordance with the Commercial Arbitration Rules of the American Arbitration Association. Research Now agrees to pay all arbitrator fees.
In the event Member or Research Now elects to resolve any claim or dispute between them by arbitration, neither Member nor Research Now 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 Research Now 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 Research Now 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 Research Now.
The Federal Arbitration Act ("FAA") shall govern this provision. The arbitrator shall follow applicable substantive law to the extent consistent with the FAA, applicable statutes of limitation, and shall honor all claims of privilege recognized at law.
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.
Section 21) Indemnification
Member agrees to indemnify and hold harmless Research Now 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 or password) of this Member Agreement or the use or misuse of the e-Rewards Medical Program by Member (or anyone acting under Member's account or password), or the violation of any rights of another by Member (or anyone acting under Member's account or password).