Terms & Conditions
Modified: May 2017
By completing a profile and actively using the Opinion Capital program, you agree to all terms and conditions set forth in this membership agreement. Opinion Capital is owned and operated by Opinion Capital inc., located in Quebec, Canada. Opinion Capital may, at any time, choose to edit, add and/or delete portions of this agreement and impose changes without prior notification of its members. We will endeavor to send out a notice to all our members regarding the new terms and/or terms which have changed. If any modification is unacceptable to you, your only recourse is to opt-out of the Opinion Capitalsystem. Your continued participation in Opinion Capital following our posting of a change in policy notice or new agreement on our site will constitute your binding acceptance to the change. You agree and acknowledge that you will review this agreement on a regular basis and you further agree that upon logging in and viewing the site you are deemed to have reviewed and accepted the latest revisions/modifications to this membership agreement.
Opinion Capital is open to US and International members and is void where prohibited by local governing laws.
2. RESPONSIBILITY OF MEMBERS
Should Opinion Capital detect any instances of fraud, system abuse, or any type of account activity deemed to be inappropriate or illegal in the sole discretion of Opinion Capital, these actions may result in limitation of account, preventing access to future studies.
Opinion Capital has agreements with many different 3rd party companies to provide surveys. In the event that you are not compensated or rewarded for such completion of said survey, Opinion Capital will attempt to find out why you were not rewarded correctly but will not be responsible for completing a payment if the Survey Company refuses to follow through and reward you. ANY member that attempts to cheat to complete a survey will have their account permanently suspended without question. The use of a proxy server or VPN to access or complete said surveys is prohibited. All funds accrued from illegal access or from attempting to cheat will be forfeited.
4. RELATIONSHIP OF THE PARTIES
Nothing in this Agreement creates any partnership, joint venture, agency, franchise, sales representative or employment relationship between you and Opinion Capital. You understand that you do not have authority to make or accept any offers or make any representations on behalf of Opinion Capital. You may not make any statement, whether on your site or otherwise, that would contradict anything in this section. You are solely responsible for the reporting and payment of any taxes for money earned from Opinion Capital Advertisers and/or Opinion Capital.
5. LIMITATION OF LIABILITY
Opinion Capital will not be liable for lost profits, lost business opportunities, or any other indirect, special, punitive, incidental or consequential damages arising out of or related to this Agreement or Opinion Capital, even if Opinion Capital has been advised of the possibility of such damages. Furthermore, Opinion Capital aggregate liability arising under this Agreement will not exceed the amount of the total fees paid or payable to you under this Agreement. The provisions of this section survive termination or expiration of the Agreement. We make no express or implied warranties or representations with respect to the member program or any services or other items advertised through Opinion Capital (including, without limitation, warranties of fitness, merchantability, non-infringement, or any implied warranties arising out of a course of performance, dealing, or trade usage). In addition, we make no representation that the operation of our site will be uninterrupted or error-free, and we will not be liable for the consequences of any interruptions, hacking or errors. Opinion Capital is not responsible if your PC becomes infected with malware, virus or other program that affects the performance of your PC. It is your responsibility to maintain a good anti-virus and anti-malware program on your system. Opinion Capital checks each advertisement that is submitted to our system to be sure it does not contain any harmful code or programs. Opinion Capital is not responsible for any repair or virus removal bills that may be incurred if the member feels he/she was infected from an ad on our website. All Opinion Capital members should safeguard their account information to prevent use by another user. Certain information, such as email address, username, number of referrals and earnings may be visible to other members but only at your discretion. Opinion Capital shall have no liability for any unauthorized usage of your account or leaked information of your account details. In the event you are caught attempting to hack into other accounts, or any company that has a publisher agreement with Opinion Capital this is cause for immediate and permanent account suspension. In the event of any leakage of your Opinion Capital account data (including but not limited to username, first & last name, address, email, phone or date of birth) either through your own means or through exploitation (ie hacked servers), Opinion Capital inc. will not be held liable or responsible for what happens to this information. It is your responsibility to report any such activity to Opinion Capital and the authorities. In the event that the Opinion Capital servers are hacked or exploited, Opinion Capital will advise its members about the status of the hack and severity.
You hereby agree to indemnify, defend and hold harmless Opinion Capital, its officers, directors, employees, agents, members, successors and assigns, from and against any and all claims, losses, liabilities, damages or expenses (including attorney's fees and costs) of any nature whatsoever incurred or suffered by us (collectively the "Losses").
7. THIRD PARTY WEB SITES
Opinion Capitalcontains links to third-party web sites. We do not control, investigate, monitor or check such web sites, we are not responsible for the computer programs available from, content in or opinions expressed at such web sites, and we do not investigate, monitor or check. We provide such third-party links only as a convenience to visitors of the site, and the inclusion of a link does not imply approval or endorsement of the linked site by us. If you decide to leave the site and access any third-party web site, you do so at your own risk.
8. REPRESENTATIONS AND WARRANTIES
You hereby represent and warrant to us that this member Agreement has been duly and validly executed and delivered by you and constitutes your legal, valid and binding obligation, enforceable against you in accordance with its terms; and that the execution, delivery and performance by you of this member Agreement are within your legal capacity and power; have been duly authorized by all requisite action on your part; require the approval or consent of no other persons; and neither violate nor constitute a default under the;
- a. provision of any law, rule, regulation, order, judgment or decree to which you are subject or which is binding upon you, or;
- b. the terms of any other agreement, document or instrument applicable to you or binding upon you.
9. INFORMATION RIGHTS
No part of this website or any of its contents may be reproduced, copied, modified or adapted, without the prior written consent of Opinion Capital inc., it's officers or management, unless otherwise indicated for stand-alone materials. Opinion Capital logos and stats are the sole property of Opinion Capital inc. and may be copied or used on your website, blog, Facebook, email or like but a link back to Opinion Capital inc. must be present. Any logos, text and or stats may be used on your website, Facebook, blog or email for promotional or advertising purposes but you may not use the Opinion Capital name in any way or make false claims of being a Opinion Capital partner, employee or contractor without the express written consent of Opinion Capital inc. or its management.
This Agreement will be governed by the laws of the CANADA, without reference to rules governing choice of laws. Any action relating to this member Agreement or any products or services of Opinion Capital must be brought in the Cour du Québec and you irrevocably consent to the jurisdiction of such courts. You may not assign this member Agreement, by operation of law or otherwise, without our prior written consent. Subject to that restriction, this member Agreement will be binding on, inure to the benefit of, and enforceable against the parties and their respective successors and assigns. Our failure to enforce your strict performance of any provision of this Agreement will not constitute a waiver of our right to subsequently enforce such provision or any other provision of this member Agreement.
THIS IS A LEGAL AGREEMENT BETWEEN YOU AND Opinion Capital AND BY CLICKING ON THE REGISTRATION BUTTON (IF YOU ARE ACTING ON BEHALF OF YOURSELF AS AN INDIVIDUAL) OR YOUR COMPANY (IF YOU ARE ACTING ON BEHALF OF YOUR COMPANY) (THE "MEMBER") AGREE(S) TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS MEMBER AGREEMENT. BY ACCEPTING THIS USER AGREEMENT YOU ARE HEREBY BOUND TO THE RULES AND GUIDELINES LISTED ABOVE. PLEASE READ THIS ENTIRE MEMBER AGREEMENT CAREFULLY BEFORE ACCEPTING ITS TERMS.