Terms of Use

Effective Date of This Version: November 9, 2023

These Terms of Use ("Terms") govern your eligibility as a member and your participation in any survey (including any survey or panel) owned or operated by QueOpinas ("we," "us," "our"), including but not limited to QueOpinas and any subpanels or other panels we may offer from time to time, as well as your receipt of related rewards and incentives (the "Service").

"You" or "your" means an adult user of the Service acting independently or as a parent or guardian of any minor age thirteen (13) or older whom you permit to access the Service and for whom you will be responsible.

By using the Service, you agree to and accept these Terms of Use. If you do not agree, you must immediately cease all access to and use of the Service and our related website.

Eligibility and Registration

You must be eighteen (18) years of age or older to use the Service. Minors must use the Service under the supervision of a parent or guardian who is responsible for their use. The Service is not offered to users under thirteen (13) years of age, and we do not accept membership registrations from them.

You must also provide us with true, current, and complete information. You must promptly update your registration to keep it accurate and complete. Multiple individuals living in the same household may become members. Each person must individually meet the eligibility requirements. We will only accept one account per user. You may not register more than one account, even if you have more than one email address. If you register more than one account, we have the right to deactivate your accounts and remove your points.

Your membership and participation in survey panels and/or specific surveys are subject to additional conditions we may set from time to time based on our own or our clients’ requirements.

You may not use another person’s username or password and are responsible for maintaining the confidentiality of your username, password, and account. You agree to notify us immediately of any unauthorized use of your username, password, or account, or any other security breach.

We will verify the truthfulness and completeness of registrations. If you do not meet the eligibility requirements, provide false information, or submit multiple false requests, we may cancel your membership, and you may lose all rewards accumulated prior to cancellation. We reserve the right to deny membership and/or participation in specific survey panels or surveys to any individual for any reason.

Your Use of the Service

You agree not to use the Service to do any of the following:

• Defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights of others;
• Post, publish, upload, email, distribute, or otherwise transmit (collectively, "Transmit") any content that harms others or is inappropriate, profane, defamatory, infringing, pornographic, obscene, indecent, vulgar, illegal, invasive of another person's privacy, hateful, or racially, ethnically, or otherwise objectionable, or that could otherwise result in civil or criminal liability;
• Engage in or incite illegal activities under local or U.S. law;
• Transmit any content prohibited by intellectual property laws (e.g., copyright, trademark, trade secrets, or privacy and publicity laws), unless you own or have permission to use such rights;
• Rent, lease, lend, sell, trade, resell, or otherwise make any commercial use of the Service or your username, password, or account for any purpose, or copy, modify, republish, create derivative works from, or distribute the Service or any survey or other content on the Service;
• Transmit content containing viruses, corrupted files, or any other software or functionality that may damage or negatively affect another person’s computer, the Service, any software or hardware or telecommunications equipment, or interfere with any of our or third-party security or protective functionality;
• Reformat or frame any part of the Service’s web pages;
• Translate any material portion of any web page of the Service into another language, except for personal, non-commercial use;
• Restrict or inhibit any other user from using and enjoying any public or private area within the Service;
• Collect or store email addresses or personal information about other members;
• Interfere with or disrupt the Service or our websites, servers, or networks;
• Impersonate any person or entity, including but not limited to one of our representatives, or misrepresent your affiliation with any person;
• Forge headers or manipulate identifiers or other data to disguise the origin of any content transmitted through the Service or to manipulate your presence or actions on the Service;
• Engage in or facilitate any attempt to artificially manipulate the results, scores, or ratings of Service content, such as by creating multiple accounts; or
• Take any action that imposes an unreasonable or disproportionately large load on our infrastructure or access the Service through automated means (such as scripts or web crawlers).

If you choose a username that, in our sole discretion, is obscene, indecent, abusive, impersonates another person, infringes intellectual property rights, or otherwise could expose us to liability, we reserve the right, without notice, to automatically change or remove your username, deactivate or cancel your membership, or take any combination of these actions.

As a member, you agree to receive our communications via email, postal mail, and/or text/SMS. To cancel your participation, please refer to our Privacy Policy.

You are solely responsible for submitting your responses to the Service. By doing so, you grant us a perpetual, worldwide, irrevocable, royalty-free, non-exclusive, transferable, and sublicensable license to use, reproduce, create derivative works from, perform, display, transfer, transmit, translate, distribute, and publish any or all of your responses in any media or technology now known or developed in the future. To the extent you may have any "moral rights" (such as rights of attribution or integrity), you waive, release, and agree not to assert such rights against us or any of our licensees or assignees.

You agree not to copy, modify, rent, lease, lend, sell, assign, distribute, reverse engineer, or otherwise transfer any rights to the underlying technology or software of the Service.

We may establish or revise, from time to time and at our sole discretion, general practices and limits related to your use of the Service. Additionally, you agree that we are not responsible for the deletion, corruption, alteration, or failure to store any of your content or responses.

You are solely responsible for obtaining all third-party equipment and services (e.g., computer and Internet access) necessary to access and use the Service.

Payments

As a reward for members participating in our Service and surveys, we provide non-transferable points that may be converted into U.S. dollars, Peruvian nuevos soles, Mexican pesos, or Colombian pesos depending on your country and the available payment method, which may include PayPal, Western Union, Tremendous, or Tango Card. Of course, a member must meet the eligibility requirements to be a member and qualify for the specific survey, and must complete the full survey to receive points. PayPal payments require a valid PayPal account and email address and compliance with PayPal’s rules. Western Union payments require you to provide your full legal name as shown on your ID, which will be required to collect the payment at a Western Union agency. Tremendous and Tango Card payments require your full legal name and a valid email address. We may provide additional terms or rules that apply to specific surveys or activities. We reserve the right to substitute points with a reward of equal value and to change the point conversion rate or other reward terms. Points and rewards are non-transferable and may not be sold.

We have the right to adjust or modify points, incentives, and redemptions in cases of technical or human errors.

If you earn more than six hundred U.S. dollars ($600) per year in rewards, you must submit your Social Security Number to us to comply with U.S. tax requirements.

If a member does not attempt at least one survey within a 12-month period, their account will be suspended and any accumulated points will be forfeited.

Privacy and Other Policies

Your use of the Service is subject to our Privacy Policy and any other applicable policies, each of which may be updated from time to time and are hereby incorporated by reference.

Termination

We may terminate or suspend these Terms of Use, your membership, or your use of any part or all of the Service, at any time and for any reason. Our reasons include, but are not limited to: your membership becoming inactive or if we suspect inaccuracies or manipulation (e.g., completing a survey unusually fast) in your use of our Service. We also reserve the right to cancel or suspend your membership or any content without prior notice and for any reason, including if you engage in conduct that we believe: (a) violates the letter or spirit of any term or provision of these Terms of Use, (b) infringes our rights or those of third parties, or (c) is otherwise inappropriate for continued access and use of the Service.

Your membership becomes “Inactive” if any of the following occurs: (a) you do not complete at least one survey per year; or (b) we receive a bounce or failed delivery notification for one or more emails sent to your registered email address.

Likewise, you may cancel your membership and these Terms of Use by clicking the unsubscribe link at the bottom of any page on our website when logged in or at the bottom of emails we send. Please allow forty-eight (48) hours for the cancellation request to be processed. For more information about unsubscribing, see our Privacy Policy.

Upon termination, any unclaimed points and other rewards will be immediately forfeited.

Linked Content

We may provide links to sites and/or content that some individuals may find objectionable, inappropriate, or offensive. The inclusion of such links does not constitute our endorsement. We do not monitor those sites or content and cannot guarantee that a link will not display unintended or objectionable material, and we assume no responsibility for the content of any linked site. We do not guarantee the accuracy, completeness, or quality of such content. However, we reserve the right (but not the obligation) to take any actions (such as filtering, removing, or reformatting content or suspending or terminating access to all or part of the Service) that we deem necessary or appropriate at our sole discretion.

Communication With Us

You may contact us via email or other means, or you may use our forms or tools to submit survey responses, feedback, suggestions, ideas, and other information ("Responses"). Subject to our Privacy Policy, we may use any Response in any way and, by doing so, you grant us a perpetual, worldwide, irrevocable, non-exclusive, transferable, and sublicensable license, without acknowledgment or compensation, to use, reproduce, create derivative works from, publicly perform, publicly display, transfer, transmit, translate, distribute, and publish all or part of the Responses, in any manner and for any purpose, in any medium or technology now known or developed in the future.

Intellectual Property Policy

You agree that all programs, services, processes, designs, software, technologies, trademarks, trade names, inventions, patents, other intellectual property, and materials that make up the Service are the exclusive property of us and/or our clients, providers, and partners, unless expressly stated otherwise.

The content referenced, accessed, or made available through the Service is generally protected under U.S. and other countries' copyright and trademark laws.

Disclaimer of Warranties and Limitation of Liability

The Service is provided "As Is" and "As Available", and neither we nor any of our clients, providers, or partners assume any responsibility for timeliness, misdelivery, deletion, or failure to deliver the Service, or to send or receive any email, survey, or response ("Service Items"). We do not guarantee that access to or use of any Service Item will be uninterrupted, secure, or error-free. We and our clients, providers, and partners disclaim all implied warranties, including, without limitation, warranties of merchantability, title, fitness for a particular purpose, non-infringement, and security.

You use the Service at your own risk. You assume full responsibility and risk of loss resulting from the use of the Service Items or other material obtained directly or indirectly from us. You agree that neither we nor any of our clients, providers, or partners will be liable for any damages (including consequential, incidental, special, punitive, or exemplary damages, or loss of income, profits, or savings) arising out of your use of or inability to use any Service Item, and you hereby release and waive any claims regarding the same, whether based on contract, tort, or other grounds, even if we or any client, provider, or partner have been advised of the possibility of such damages. If you are a California resident, you waive your rights under California Civil Code §1542, which states: "A general release does not extend to claims that the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which, if known by him or her, must have materially affected his or her settlement with the debtor." Residents of other states and countries similarly waive their rights under comparable local laws.

The total liability of us and our providers, and your sole remedy regarding the use of the Service or any breach of this agreement, is limited to the amount you paid, if any, to us. You hereby release us and each of our providers from any obligation, liability, and claim exceeding this limitation. You agree that any claim or cause of action arising out of or related to any Service or these Terms of Use must be filed within one (1) year after such claim or cause of action arose or be forever barred. Some jurisdictions do not allow the exclusion or modification of implied warranties or the limitation of liability, so some of the above limitations may not apply to you. Without limiting the foregoing, under no circumstances will we or our providers be responsible for any delay or failure in performance resulting directly or indirectly from acts of nature or causes beyond our reasonable control, including, but not limited to, Internet, telecommunications, and utility failures; email delivery failures; equipment failures; strikes; labor disputes; riots; civil disturbances; shortages of labor or materials; fires; floods; storms; explosions; acts of God; war; governmental actions; or third-party nonperformance.

Indemnification

You agree to indemnify and hold us, and each of our officers, directors, employees, agents, and providers harmless from and against any and all losses, liabilities, expenses (including attorneys’ fees and costs), and damages arising from claims based on your use of the Service or any Service Item, such as any breach of these Terms of Use by you or anyone using your account, any claims of libel, defamation, invasion of privacy or publicity rights, any service loss to other clients, any infringement of intellectual property or other rights of third parties, and any violation of any law or regulation.

Miscellaneous Provisions

These Terms of Use will be governed and construed in accordance with the laws of the State of California, without giving effect to its conflict of law provisions or your actual state or country of residence. The United Nations Convention on Contracts for the International Sale of Goods is hereby excluded. Any dispute or claim related to these Terms of Use or your membership shall be resolved through binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association. Any dispute or claim shall be arbitrated individually and shall not be consolidated with any arbitration involving any other party. Arbitration will take place in San Jose, California, and judgment on the arbitration award may be entered in any court of competent jurisdiction. The English version of these Terms of Use shall prevail.

If for any reason a court of competent jurisdiction finds any provision or part of these Terms of Use to be unenforceable, the remainder will continue in full force and effect. You may not assign or delegate these Terms of Use or any rights under them, and any attempt to do so is void. Subject to the preceding sentence, these Terms of Use shall bind and inure to the benefit of the parties and their respective successors and assigns. These Terms of Use constitute the entire agreement between the parties regarding the subject matter herein and supersede all prior or contemporaneous agreements or understandings, written or oral, with respect to such subject matter. Any waiver of any provision of these Terms of Use will be effective only if in writing and signed by us. There are no third-party beneficiaries to these Terms of Use. You are an independent contractor, and nothing in these Terms of Use shall be construed to create a partnership, joint venture, agency, or other joint enterprise between us.

Notices we provide to you may be made via general posting on the Service website, or via email, overnight courier, first class mail, or express mail to your address on record. Notices you send to us must be made via express or first-class mail, certified or registered, postage prepaid, and sent to QueOpinas, 44095 Pipeline Plaza, Suite 330, Ashburn, VA 20147 USA. The following provisions will survive any termination of these Terms of Use: "Your Use of the Service," "Termination," "Communications With Us," "Intellectual Property Policy," "Disclaimer of Warranties and Limitation of Liability," "Indemnification," "Miscellaneous," and "Changes to the Terms of Use."

Changes to the Terms of Use

We may modify or discontinue the Service at any time, for any reason, and without notice, including the right to terminate it without notice or liability to you, any other user, or a third party. We reserve the right to revise these Terms of Use from time to time without notice. Please review these Terms of Use periodically to stay informed of any updates. Each time you access the Service website, you confirm your acceptance of the most current version of these Terms of Use.

Effective Date of This Version: November 9, 2023.