Terms and Conditions

Acceptance of our Terms

FoodSurveys products and services are provided by Datassential, Inc. (“Datassential”, “we”, “our”, or “us”). These Terms of Service (the “Terms”) govern your access to and use of Datassential’s website https://foodsurveys.datassential.com (the “Site” or “FoodSurveys”) and the surveys you are invited to participate in. Please read these Terms carefully. Your access to and use of the Site are subject to the Terms. All pages within the Site and any information, material, or content made available on or through the Site are subject to these Terms. Your use of the Site indicates your agreement to be bound by these Terms.

If you do not agree to the following Terms, we ask you do not access, use or register with the Site or otherwise participate in any surveys.

Registration

To access and use FoodSurveys, you must register a personal account by entering a valid email address and creating a password in the registration section of the Site. You will also be asked to accept these Terms as part of the process.
During the registration process, we will also ask your job title and place of employment. Before we activate your account, we will call your place of employment to verify your employment. If we are unable to verify your place of employment and/or your job title we may deny your account activation, in our sole discretion.
You are required to keep your password confidential, and are solely responsible for all activities and transactions made from your account. We are not liable to you or any third party for any loss or damage from any unauthorized use of your account.
You are required to notify us immediately of any unauthorized account use or any other security breach in FoodSurveys by contacting us at customerservice@datassential.com
You may only register one FoodSurveys account. If you attempt to register multiple accounts, we have the right, in our sole discretion, to suspend or close any and all of the accounts without notice and to prohibit you from further or future use of the Site or FoodSurveys. In the event that we close your account(s) pursuant to this Section, you shall forfeit any rewards that you have accrued.

Your Privacy

Privacy is an essential element of FoodSurveys. We are committed to protecting the privacy of all users. We use advanced technology and follow industry standard measures to protect your privacy. For complete details on how we protect your privacy, consult our Privacy Policy (located at https://foodsurveys.datassential.com/privacy-policy/).

When your account is activated, you will be given the opportunity to create an online profile. We will repeat these questions at set intervals to ensure your profile is always up to date. If you wish to update, change or delete profile information at any time you can contact us at customerservice@datassential.com to make such changes.
We use the profile information you provide to send surveys relevant to you.
We do not disclose information provided by you to FoodSurveys to any third party in a format that may allow you to be personally identified, unless you explicitly agree to it. We may aggregate your profile information with other members’ profile information and allow third parties to access this aggregated and de-identified information.

Survey Invitation

You will receive survey invitations via email and via the “Available Surveys” page on the Site. You may either accept a survey invitation to participate, or elect to skip any survey. If you agree to participate, you will be directed to a survey starting page. If you elect to skip any survey, the invitation will remain on your “Available Surveys” page until we have closed the applicable survey.
We make no express or implied guarantee or warranty about the number of surveys you will be invited to participate in.
Receiving a survey invitation and accepting to participate does not guarantee that you will qualify to complete the survey.

Data Quality

To ensure FoodSurveys accesses high-quality data, we have put in place a number of quality control measures to ensure response data meets industry standards and best practices.
For each survey we conduct, the following data quality checks are verified:
- all open-ended answers are checked for:
  - offensive or inappropriate language of any kind, in our sole discretion;
  - incomprehensible free text responses;
  - answers unrelated to the questions asked
- the time spent for you to complete the activity may be checked against the estimated completion time for that survey; and
- all responses may be checked for inconsistent or inaccurate answers, which can include (but are not limited to):
  - responses which contradict other responses you have submitted during a survey;
  - responses which contradict information in your profile;
  - responses which fail logic or trick testing within a survey;
  - selecting all answers in a multi-response question to qualify for a survey; and
  - for grid style questions, selecting all answers in a column or row, or selecting answers in a diagonal pattern.
You must not provide information in your profile that is, or responses in any survey that are:
- offensive or inappropriate, in our sole discretion;
- incomprehensible;
- inconsistent and/or inaccurate; or
- in a language other than the survey language.
If you are found to have violated any of the rules or requirements of this Section, we may, in our sole discretion:
- deduct any reward you received for any related activity from your personal account balance;
- block you from receiving further surveys;
- prevent you from using FoodSurveys further or in the future;
- close your account.

Earning Rewards

You may earn rewards by accepting and properly participating in surveys you have been invited to respond to.
To become entitled for a reward when participating in a survey:
- the information in your profile must match the targeting criteria for the survey;
- the end date for the survey must not have passed; and
- you must:
  - view and accept the invitation for the survey;
  - answer all questions asked completely and in accordance with these Terms; and
  - reach the final page at the conclusion of the activity and follow any instructions on that page.
Neither FoodSurveys, Datassential nor any third party shall be liable for any loss or damage arising from you receiving an survey invitation after the survey end date.
We store a record of any rewards you earn through interaction with the Site.
We may debit or credit your FoodSurveys account balance at any time and without notice, in our sole discretion, to rectify any payments made to, or debits from, your account balance which were caused by human error, technological error or any other mistake or systems failure.
If you have not participated in any surveys for one year, any rewards in your account balance may be forfeited.
If you wish to dispute a reward, you should contact us at customerservice@datassential.com and describe the exact nature of the alleged discrepancy. We will notify you of the results of any investigation and any determination made by us, in our sole discretion, is final.

Redeeming Rewards

You may redeem rewards earned through your use of FoodSurveys using the redemption methods we make available.
The redemption methods we make available are at our absolute discretion and we may add or cease redemption methods at any time.
Certain redemption methods may require you to have a minimum reward balance before you can redeem, or only allow you to redeem up to a certain amount of rewards within a specified time period. These restrictions are set by us at our absolute discretion and may be amended from time to time without prior notice.
If you redeem an Amazon eGift Card, you will receive an email with your gift card e-code on the email address you have registered with within 48 hours of your redemption. In order to use the gift card, you will be required to register the e-code on Amazon’s website. This is your sole responsibility, and we shall have no liability for any failure to do so.
You are responsible for providing us with the correct account details. The information you enter is used to automatically transfer the reward to the account details you provide. Completed transfers cannot be recalled. If you provide incorrect account details, we may not be able to recover any redemptions made with the errant information.
You shall indemnify us in relation to any loss or damage caused by any transfer of rewards made in accordance with your instructions. You are solely liable for any costs associated with the provision of incorrect or incomplete details in your redemption request.
We are not liable for errors made by third parties in relation to your redemption request.
Any rewards you earn through FoodSurveys shall not earn interest and have no monetary value until validly redeemed.
You are responsible for identifying any potential tax liabilities that may arise through your use of FoodSurveys. FoodSurveys is available to you as a consumer and not a business, trading organization, or other entity subject to GST, VAT, or sales tax.

Communications

We may contact you without offering a reward by sending you a newsletter, making verifications of your account and profile information, for customer service issues, for survey invitations, and to confirm personal account activity.

Your Conduct

You are granted a limited, non-exclusive, revocable right to access and use the FoodSurveys solely for personal use. Except for the limited right expressly granted to you in these Terms, Datassential and its licensors expressly reserve all other rights and licenses.
You may not use FoodSurveys for any purpose that is unlawful, or prohibited by these Terms or any other terms, conditions or notices appearing anywhere on the Site. Particularly, you shall not:
- photograph, record, resell, publish (on the Internet or elsewhere), copy, or in any other way reproduce material that is made available in our surveys;
- Share any of the proprietary information included in our surveys, or use it for your own benefit or the benefit of a third party;
- use, post, or transmit any:
  - unlawful, threatening, abusive, defamatory, obscene, vulgar, pornographic, profane or indecent information, language or material;
  - communication that may either constitute or encourage conduct that is a criminal offense or may give rise to civil liability, or otherwise violate any applicable law;
  - information or material which damages our reputation or the reputation of any business, or which we consider, in our sole discretion, as likely to damage our reputation or the reputation of any third party;
  - material which violates or infringes the rights of any person, including but not limited to the rights of privacy, copyright, trademarks, patents, confidentiality and any other intellectual property, publicity, personal or proprietary rights;
  - material of any kind which contains or elicits a computer or software corruption, virus or other harmful components; or
  - communication that contains promotional or advertising material;
- impersonate any person or entity;
- use the Site or the surveys to send spam or other unsolicited messages, or in any manner other the manner in which it is intended to be used; or
- use the Site or the surveys to send to engage in any other forms of internet abuse, including:
  - tampering, hacking, spoofing or using robots or scripts; or
  - copying, distributing, modifying, or otherwise interfering with the administration, security, or proper and intended function of any part of Datassential.
In addition to the foregoing, you agree to not:
- access, tamper with, or use non-public areas of the Site or our computer systems;
- probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measure;
- access or search or attempt to access or search the Site by any means (automated or otherwise) other than through our currently available, published interfaces that are provided by us;
- use any robot, spider, data miner, script, or other automated, semi-automated, or similar means (whether technological or human) to extract or gather data from the Site, or otherwise collect, gather, extract, scrape, or obtain any data or content from the Site for any commercial purpose other than obtaining products and services from us or for your own personal, non-commercial use; or
- interfere with or disrupt, or attempt to do so, the access of any user, host, or network, including (without limitation) sending a virus, flooding, spamming, overloading, or mail-bombing the Site.
If you violate any of the above stated rules or restrictions, your personal account will be closed and you may be subject to legal action including possible civil and criminal liability for any damage, loss, or expense directly or indirectly caused by your actions. While we are not obligated to supervise your use of the Site, we reserve the right to monitor the Site, platform and all applications and retain and disclose all information necessary to satisfy any applicable law, regulation, legal process, or government request.

Referrals

You may invite a colleague to register a FoodSurveys account once you meet the following eligibility criteria to refer:
- We have verified your email address
- We have successfully verified your place of employment
- You have successfully completed at least one survey
You must comply with the referral rules and regulations to earn any applicable referral reward (if and when available, at our sole discretion).
Any reward earned in relation to referring others to register an account will be void unless:
- the person you invite registers an account before the incentive offer expires;
- the invitation email, link, or message was in the form specified by us;
- you comply with all rules and conditions of any websites to which invitations may be sent via the platform or an application; and
- the person you invite is eligible to register for a FoodSurveys account
You shall not invite anyone to register FoodSurveys accounts by:
- using spam or spamming techniques;
- misrepresenting the rewards or compensation they may earn by using the Site; or
- displaying invitation links or messages on websites that:
  - contain unlawful, threatening, abusive, defamatory, obscene, vulgar, pornographic, profane, indecent information or material; or
  - promote, provide or offer unsuitable or inappropriate products or services, including but not limited to gambling, adult services and erotic products

Closing an Account

You may close your personal account on the Site at any time.
You are solely responsible for redeeming any rewards that you have earned before you close your account. You may only redeem rewards in accordance with our redemption rules. If you do not have a sufficient redemption amount in your personal account, you will not be able to redeem any existing rewards.
If a personal account is closed for any reason (and whether by us or you), you will forfeit all rewards which you may have earned and all profile information provided by you through FoodSurveys will be deleted from our records, except as required by any government regulation or statute.
We may, without notice, refuse your application to register a personal account or may close your personal account if you breach any part of these Terms.
We may, in our sole discretion, determine you to be an inactive member if you have not participated in any surveys in 12 months or more. In such a case, we reserve the right to suspend and/or close your account if you do not promptly respond to any messages from us requesting that you reactivate your account.
If your account is suspended, we may request sufficient proof of your identity in order to confirm the authenticity of your account be reactivating. If you fail to respond to our request or provide adequate proof, we may close your account.
If you wish to close an account on behalf of a deceased member, please contact us at customerservice@datassential.com along with sufficient proof to demonstrate that you have the right to close the deceased’s account.
The refusal of an account registration and/or closure is at our sole discretion.
Should, for any reason, we cease to operate we will delete your information from our records.

Our Right to Terminate/Suspend an Account

You agree that Datassential may issue a warning, temporarily suspend, indefinitely suspend, or terminate your right to use or access all or any part of the Site, including any online account hereon, without notice, for any reason in our sole discretion, including, without limitation, violation of these Terms or our belief that your use or access would violate any applicable law or would be harmful to the interests of, or potentially cause financial loss or legal liability to, Datassential, another user, or any third party. In the event of an account closure, the balance of the rewards in your personal account shall be forfeited.

No Warranties

THE SURVEYS AND SITE, INCLUDING ANY CONTENT OR INFORMATION CONTAINED WITHIN OR PROVIDED THROUGH IT, ARE PROVIDED “AS IS” WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SURVEYS, THE SITE AND THE INFORMATION RECEIVED THROUGH IT. DATASSENTIAL FURTHER DOES NOT WARRANT THE QUALITY, VALIDITY, ACCURACY, OR COMPLETENESS OF THE SITE OR ITS CONTENTS, THAT THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS OR INACCURACIES WILL BE CORRECTED, OR THAT THE SITE OR THE SERVERS THAT MAKE IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

DATASSENTIAL MAY MAKE CHANGES TO THE SURVEYS, SITE OR ITS CONTENT AT ANY TIME WITHOUT NOTICE.

Liability and Indemnity

You agree and accept that Datassential, including our affiliates, licensors, officers, directors, agents, and employees, are not liable for any loss or damage of any kind, to you or any third party that results directly or indirectly from:
- your interaction and/or participation of any kind with the Site and the surveys;
- your use of or access to, or any inability to use or access the Site and the surveys;
- unauthorized access or alterations made under your account, or to your communications, transmissions, or profile information; or
- statements or conduct of any third party on FoodSurveys.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL DATASSENTIAL BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR THE LOSS OF USE OR REPLACEMENT OF DATA, OR LOST PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE SURVEYS OR THE SITE OR ANY OF ITS CONTENT WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, EVEN IF DATASSENTIAL HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THE TERMS, TO THE EXTENT PERMISSIBLE BY LAW, DATASSENTIAL’S AGGREGATE LIABILITY TO YOU SHALL NOT EXCEED ONE HUNDRED DOLLARS ($100).

SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES OR WARRANTIES. ACCORDINGLY, SOME OF THE EXCLUSIONS AND LIMITATIONS ABOVE MAY NOT APPLY.

You agree to indemnify us, our parents, subsidiaries, affiliated organizations, and their directors, officers, agents, and employees, from any claim or demand, including reasonable legal fees, made by a third party, caused by or arising directly or indirectly from your use of the Site and/or participation in the surveys, or any violation of these Terms by you.

Intellectual Property

All proprietary content and materials on the Site including, without limitation, the Site's layout, organization, and design, and any graphics, text, icons, audio, video, and the like are protected by copyrights, trademarks, service marks, trade secrets, and other proprietary rights and laws. Such content and materials are the property of Datassential or third parties from whom Datassential has permission. The content may not be copied, republished, posted, distributed, transmitted, or uploaded in any way without our prior written approval or unless authorized in writing elsewhere on our Site. You will obtain neither title nor intellectual property rights by accessing the Site. You agree to comply with all applicable laws by not copying or using this proprietary content, except as allowed by these Terms or by written consent of the owner of the proprietary rights. Without limiting the foregoing, no Datassential trademark or trade dress may be used in connection with any product or service that is not Datassential’s, in any manner that is likely to cause confusion among users, or in any manner that disparages or discredits Datassential.

You grant us a perpetual, royalty-free, irrevocable, sub-licensable, assignable, and transferable license to use, copy, distribute, display, modify, transfer, create derivative works, or otherwise exploit any feedback, submissions, ideas (including gift ideas, requests, or suggestions), concepts, know-how, or techniques that you submit to the Site or otherwise choose to share with us through other communication channels for any purpose (including without limitation commercialization) and without compensation to you, subject only to our Privacy Policy.

Digital Millennium Copyright Act

Datassential respects the intellectual property rights of others. We will respond promptly to remove material that infringes another person’s copyright or other intellectual property right. When reporting infringing material to Datassential (“DMCA Notice”) please provide:

a. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

b. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.

c. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Datassential to locate the material.

d. Information reasonably sufficient to permit Datassential to contact the complaining party, such as an address, telephone number, and, if available, an email address at which the complaining party may be contacted.

e. A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.

f. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Pursuant to the Digital Millennium Copyright Act (17 U.S.C. §512(c)(2)), our designated agent to receive notices of claimed infringement is:

DMCA Notice

c/o Legal

176 N Racine Ave, Ste 250

Chicago, IL 60607

legal@datassential.com

We reserve the right to remove any infringing material that we believe in good faith to be copyrighted material that is used without authorization. We also reserve the right to suspend or remove access to the Site for any repeat offender.

General

Individuals under the age of 18 (“Minors”) are not permitted to use the Site. Furthermore, we do not knowingly collect or solicit personal information from Minors or knowingly allow such persons to register for an online account or to post personal information on our Site.
The Site may contain links to other unrelated websites on the Internet. Datassential is not responsible for and has no obligation to review the content, accuracy, copyright compliance, decency standards, or other materials on such websites. These Terms do not apply to such unrelated websites, and you should review the privacy policy and terms of use for any Site that you visit. We make no representations or warranties regarding the security of any information you make available to such websites. We are not liable for any losses or damages incurred as the result of your business dealings with such third parties.
All questions or disputes relating to the Site and the surveys, or any part of these Terms should be submitted to us. We will use all commercially reasonable efforts to resolve any disputes expeditiously. All interpretations of the Terms shall be at our sole discretion, and you agree that any determination that we make in relation to any such dispute or issue is final.
These Terms and the relationship between you and Datassential shall be governed by the laws of the State of Illinois. You hereby consent to the exclusive jurisdiction and forum of the federal and state courts located in the State of Illinois for all purposes in connection with any action or proceeding which arises out of or relates to your use of the Site. Our failure to enforce any right or provision of these Terms does not constitute a waiver of that right or provision.
THE PARTIES WAIVE ANY RIGHT TO ASSERT ANY CLAIMS AGAINST THE OTHER PARTY AS A REPRESENTATIVE OR MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION, EXCEPT WHERE SUCH WAIVER IS PROHIBITED BY LAW OR DEEMED BY A COURT OF LAW TO BE AGAINST PUBLIC POLICY.
If any provision of these Terms becomes, or is found to be illegal, invalid, or unenforceable, such provision shall be construed, limited, or altered as necessary to eliminate the invalidity, unenforceability, or conflict with applicable law, and it will not affect the operation of the remainder of these Terms, which shall remain in effect.
Due to the constantly evolving nature of the Site, and surveys, we reserve the right to add to, change or remove any part of the Site or these Terms at any time. These changes may be made without notification, and you agree that it’s your sole responsibility to remain updated and aware of the Terms and other aspects of the platform and Site. By accessing the Site after any changes to these Terms, you agree to all such changes.
We may deliver notice to you by means of e-mail, a general notice on the Site, or by other reliable method to the address you have provided to us.
These Terms set forth the entire understanding and agreement between the parties relating to its subject matter. All provisions that should by their nature survive the termination of these Terms shall survive the expiration of these Terms including, without limitation, the rights and licenses you have granted hereunder, indemnities, releases, disclaimers, limitations on liability, and provisions related to choice of law. Any waiver of or promise not to enforce any right under these Terms shall not be enforceable unless evidenced by a writing signed by the party making said waiver or promise.
If you have any questions or concerns regarding these Terms or your use of the Site, please contact us at customerservice@datassential.com