Terms and Conditions
Welcome to the iThink Panel. Your participation in the iThink Panel and any surveys, focus groups, blogs, social media communications or other marketing science or market research activities involving the iThink Panel (collectively, the "Surveys") are governed by these Official Rules ("Rules).
iThink inc. is a Texas corporation ("iThink") located in Dallas, Dallas County, Texas USA. The laws of the State of Texas shall govern all aspects of the operation of the iThink Panel and all Surveys, including but not limited to all websites used, all rights of panel members and all privacy matters. If you are providing personally identifiable information and are not a resident of the United States, your country's laws governing privacy, data collection and use may differ from those in the United States. In particular, the laws of the United States may not provide the same level of protections as those in your own country. By participating in the iThink Panel and Surveys, you agree that the laws of the State of Texas and the United States of America will exclusively govern.
Please read these Rules carefully. iThink is only willing to allow you to participate in the iThink Panel and Surveys if you accept and agree to abide by the terms and conditions of these Rules. Your participation will conclusively evidence such agreement.
From time to time iThink may revise or update these Rules. You agree to review these Rules periodically to ensure that you are familiar with the most recent version. In any event, you agree that you will be bound by the most current Rules.
iThink may, in its sole discretion, and at any time, discontinue the iThink Panel or any Survey or any part thereof, with or without notice, or may prevent your participation in the iThink Panel or a Survey with or without notice to you. You agree that iThink will have no liability to you if the iThink Panel or any Survey is discontinued or your ability to participate in the iThink Panel or any Survey is terminated.
Some or all of iThink’ s operations in connection with the iThink Panel or Surveys may be provided by third parties who operate as independent contractors and over whom iThink has no control.
Panel Eligibility and Registration
Panel members must be persons 18 years of age or older. No purchase is necessary. Panel membership is void where prohibited. Individual Surveys may impose additional eligibility requirements identified in connection with the Survey. By participating in the iThink Panel or any Survey, you represent and warrant that you meet the applicable eligibility requirements and are in full compliance with these Rules. In the event of your noncompliance, fraud or other inappropriate activity (as determined by iThink in its sole discretion), iThink may cancel or invalidate your participation or membership or your eligibility for any Rewards (defined below) or deny redemption of your Rewards. Use of automated entry devices or programs is strictly prohibited.
There currently is no fee to participate in the iThink Panel or any Survey. iThink may, in its sole discretion, elect to charge fees. If it does, it will update these Rules to reflect such fees.
Certain Surveys may indicate that there is some incentive for completion of the Survey, which may include cash payment, eligibility for a cash drawing, charitable contribution or some other cash or noncash incentive or reward as specified (collectively, "Rewards"). There is no guarantee that any Survey will involve any Reward and, in fact, many do not. If expressly stated that there is a Reward for completing a particular Survey and all Survey qualifications are met and all Survey tasks are timely completed before the closing of the Survey, payment of the Reward will be made only to the individual identified in the information submitted at the start of the Survey. If a Reward is a cash payment it will be made by check in US Dollars drawn on a US bank. Checks are void after 90 days. If a Reward involves a drawing, odds of winning any drawing will depend on the number of entries. Allow at least 6 weeks for notification of drawing results.
You agree to (a) provide accurate, current and complete information about you as may be prompted by any registration forms; (b) maintain the security of your password and login credentials; and (c) maintain and promptly update the information you provide during registration, and any other information you provide to iThink, so as to keep it accurate, current and complete. Registration requires information that includes without limitation your full legal name, your date of birth, the address of your primary residence, your phone number and your working email address.
You understand that third parties may base important business decisions on Survey results. You agree to participate in good faith and to the best of your ability in any Survey. You agree not to provide false or misleading data, including without limitation, survey responses that are inconsistent with prior responses or statistically improbable.
If you communicate with iThink personnel ("Personnel"), you agree to do so in a respectful and appropriate manner. You shall not send, share or otherwise distribute to Personnel, Personnel affiliates or other iThink Panel members any communications having obscene, vulgar, sexually-oriented, threatening, hateful or illegal content.
You also agree that you will not publish, post, or otherwise disseminate any publications or other material that disparages, discredits, or casts anyone, including IThink, its Personnel, employees, officers, directors, subsidiaries, affiliates, or its licensors in a negative light.
You may provide information to IThink in connection with your participation in Surveys, including providing survey responses, ideas, feedback, or other information or content ("User Content").
By providing any User Content, you represent and warrant that you have the lawful right to provide it, and that it is accurate and complete. You must not provide any User Content that:
- is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, false, inaccurate, misleading, fraudulent, or impersonates or misrepresents an affiliation with any person or entity;
- would violate an obligation of confidentiality or the rights of any person or entity, or that would otherwise create liability or violate any local, state, national, or international law, including, without limitation, the regulations of the U.S. Securities and Exchange Commission or any rules of a securities exchange such as the New York Stock Exchange, the American Stock Exchange, or the NASDAQ;
- infringes any patent, trademark, trade secret, copyright, or other intellectual or proprietary right of any person or entity;
- contains or collects any private information of any person or entity, including, without limitation, addresses, phone numbers, email addresses, Social Security numbers, and credit card numbers;
- contains any viruses, corrupted data or other harmful, disruptive, or destructive files or information;
- contains any advertising or promotional materials, including without limitation, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation or unauthorized communication; or
- in the sole judgment of iThink, is objectionable, does not reflect your good faith efforts to be responsive to survey or market research questions, or which may expose iThink or its clients, licensors or suppliers to liability of any type.
You further understand and agree that you have no ownership rights in any User Content you submit. By displaying, publishing, or otherwise posting any User Content, you hereby grant to IThink a limited, non-exclusive, sub-licensable, worldwide, irrevocable, fully-paid, royalty free license to use, modify, publicly perform, publicly display, reproduce, and distribute such User Content in any and all media now known or hereinafter developed without the requirement to make payment to you or to any third party or the need to seek any third party permission. This license includes the right to host, index, cache, distribute, and tag any User Content, as well as the right to sublicense User Content to third parties, including other users, for use on other media or platforms known or hereinafter developed, such as for use on mobile phones, in video or music software computer programs. You represent and warrant that the displaying, publishing or posting of any User Content you submit, and our use thereof does not and will not violate the privacy rights, publicity rights, copyrights, trademark rights, patents, contract rights or any other intellectual property rights or other rights of any person or entity.
iThink Content and Third-Party Content
All content and other materials contained on or within the Surveys, including, without limitation, all information, content, designs, text, graphics, information, data, software, surveys, music, trademarks, product or service names, logos, slogans other files, and the selection and arrangement thereof (collectively, the "iThink Content"), are the proprietary property of IThink and its suppliers and licensors and are protected in the U.S. and internationally under trademark, copyright, and other intellectual property laws. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by iThink.
You agree not to download, display or use any IThink Content for use in any publications, in public performances, or on websites for any commercial purpose, in connection with products or services that are not those of IThink, in any manner that is likely to cause confusion among consumers, that disparages or discredits iThink and/or its licensors, that dilutes the strength of iThink’s or its licensor's property, or that otherwise infringes iThink’s or its licensor's intellectual property rights. You further agree to in no other way misuse any IThink Content or Third-Party Content.
Disclaimer of Warranties
YOUR PARTICIPATION IN THE ITHINK PANEL OR ANY SURVEYS, INCLUDING, WITHOUT LIMITATION, YOUR USE OF ANY CONTENT, IS AT YOUR SOLE RISK. ALL CONTENT IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. ITHINK, ITS AFFILIATES, LICENSORS, AND SUPPLIERS, AND THEIR RESPECTIVE MEMBERS, DIRECTORS, OFFICERS, AGENTS, AND EMPLOYEES (COLLECTIVELY, THE "PROVIDERS") EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. NEITHER ITHINK NOR ANY OTHER PROVIDERS WARRANT UNINTERRUPTED USE, OPERATION, OR AVAILABILITY OF ANY WEBSITE OR ANY CONTENT, OR THAT ANY SUBMISSION OR TRANSACTION REQUEST YOU ATTEMPT WILL BE SUCCESSFUL, UNCORRUPTED, OR COMPLETED WITHIN A REASONABLE AMOUNT OF TIME. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DELAY OR LOSS OF ANY KIND THAT RESULTS FROM YOUR ACCESS TO, OR USE OF, THE CONTENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM ITHINK OR ANY OTHER PROVIDER, WILL CREATE ANY WARRANTY THAT IS NOT EXPRESSLY STATED IN THESE RULES
Limitation of Liability
UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL EITHER ITHINK OR ANY OTHER PROVIDERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF ITHINK OR ANY OTHER PROVIDERS HAVE BEEN ADVISED OF THE POSSIBILITY OF THESE DAMAGES), RESULTING FROM YOUR ACCESS TO OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, SURVEYS OR ANY CONTENT, NOR SHALL ITHINK BE RESPONSIBLE FOR ANY DAMAGES WHATSOEVER THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES, ERRORS, DEFECTS, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE WHETHER OR NOT CAUSED BY EVENTS BEYOND ITHINK’S REASONABLE CONTROL, INCLUDING BUT NOT LIMITED TO ACTS OF GOD, COMMUNICATIONS LINE FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO THIS SITE'S RECORDS, PROGRAMS, OR SERVICES
EACH PROVISION OF THESE RULES THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS TO ALLOCATE THE RISKS BETWEEN THE PARTIES. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THESE RULES. THE LIMITATIONS IN THIS SECTION WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
Release and Indemnification
You hereby release and will indemnify and hold harmless IThink and all other Providers from and against any costs, damages, expenses, and liabilities (including, but not limited to, reasonable attorneys’ fees) arising out of or related to any User Content, your participation in the iThink Panel or any Survey or any Content, your violation of these Rules, or your violation of any rights of a third party.
By participating in the iThink Panel or any Survey, you consent to receiving electronic communications from iThink. These communications may include notices about your account and information concerning or related to the iThink Panel or Surveys. You agree that any notices, agreements, disclosures, or other communications that IThink sends to you electronically will satisfy any legal communication requirements, including any requirement that communications be in writing.
IThink’s failure to act in a particular circumstance does not waive its ability to act with respect to that circumstance or similar circumstances. Any provision of these Rules that is found to be invalid, unlawful, or unenforceable will be severed from these Rules, and the remaining provisions of these Rules will continue to be in full force and effect. The section headings and titles in these Rules are for convenience only and have no legal or contractual effect. If any provision of these Rules shall be unlawful, void or for any reason, then that provision shall be deemed severable from these Rules and shall not affect the validity and enforceability of any remaining provisions.
If you wish to contact us regarding any questions or concerns about these Rules, the iThink Panel or any Survey, please view our "Contact Us" page.