PineCone Research Membership Agreement
PineCone Research (along with our owners, partners and agents, “PineCone,” “we” or “us”) is a new products panel. We ask for your opinions on product ideas for items that are not generally available to the public. It is consumers like you that help our clients create the products and services that make a real difference in your life.
The terms and conditions set out below (this “Membership Agreement”) govern and apply to: (i) your membership in the PineCone Research panel (the “Panel”), (ii) your use of any Panel website and (iii) your participation in any survey, project, questionnaire or other market research activity offered through the Panel (“Research Activities”). By choosing to apply to become a PineCone Research panelist, you confirm and warrant that you are eligible to participate in the Panel, and that you understand, and make a legally binding promise to abide by, this Membership Agreement.
Eligibility. Membership is limited to one per individual and is also limited to one per household. Multiple individual entries or registrations of the same person or household on the Panel by any means (including without limitation multiple email addresses) are prohibited, will result in immediate cancellation and removal of all such registrations from the Panel, and will render void all rewards, points or prizes (“Rewards”). Panel membership is specific to one individual with a unique e-mail address who registered and completed the demographic and other profile information sections. Reward points are awarded to individual members and cannot be sold, transferred, or assigned to another member or individual under any circumstances. The membership is open to individuals who are 18 years of age and older. We may admit or deny membership to anyone at any time for any or no reason in our sole discretion.
You represent and confirm that you:
- Are age 18 or older or can otherwise validly consent and agree;
- Are the parent or legal guardian of any minor(s) participating in any PineCone Research study and have properly given consent for such minor(s) to participate in such study;
- Have informed every member of the household of this Membership Agreement and the Panel member privacy notice, and have received from each household member their explicit authorization to consent on their behalf to permit our collection and use of their information, including personally identifiable information, as warranted in connection with any Research Activities; and
- Consent on your own behalf, and on behalf of every member of the household, and with respect to every minor in the household, to our data collection and use practices as described in this Membership Agreement.
In addition, you represent and affirm that neither you nor anyone in your immediate household and family are employed in a consumer packaged goods company, marketing researcher or advertising industry.
Obligations and Restrictions. You represent and confirm that you will not enroll or participate in the Panel unless you are able, willing, and hereby agree, to abide by these obligations and restrictions:
- True, Up-to-Date Information; Honest Conduct. You will provide true, complete and accurate information (a) during the registration process when filling out demographic profile information and other general details, and (b) as a member of the Panel, when answering survey research questionnaires or otherwise participating in our research. If you provide any information that is untrue, inaccurate or not current, or if we have reasonable grounds to suspect such information is untrue, inaccurate or not current, we may terminate your membership and refuse any and all current or future access to, or use of the Panel site, including the immediate forfeiture of any Rewards. You agree as a member of the Panel to promptly notify us of any changes in personal and other information including but not limited to name, mailing address, phone number, e-mail address, and demographic information. We may, from time to time, request additional information from you in order to authenticate your membership and may change your membership status if we are unable to authenticate all of the information you provide us. You will not abuse your benefits and privileges as a Panel member. Abuses include, but are not limited to, attempts to earn or redeem Rewards in any manner that conflicts with the intent of this Membership Agreement, or with the terms and conditions of the applicable rewards program. Other examples include any fraudulent methods for earning, redeeming or purchasing points or other incentives, or tampering with surveys or links.
- Confidentiality; No Disclosures. In exchange for the opportunity to tell manufacturers your opinion about their new products and ideas, you will sign and comply with a security agreement at the beginning of each and every survey. Some surveys may require your agreement with additional terms, in which case you may be directed to an End User License Agreement or other additional terms of a third party partner. You will keep the information that you saw in the survey or any related materials strictly confidential, and not use it for any purposes other than as expressly instructed by PineCone Research. You will not copy, print or download any part of the survey or the pictures or other materials or content shown to you. You will also likewise ensure that others in your household keep this information strictly confidential. To avoid any potential confusion, here are some (but not all) examples of activities that are prohibited, will result in removal from the Panel and forfeiture of all Rewards, and may be grounds for legal action:
- Posting of product descriptions or names on chat rooms, bulletin boards or blogs
- Copying of product ideas
- Selling test product or images
- Discussing the survey or any material (picture, advertising, concept or product) with anyone unless the survey requires you to do so
- Allowing non-household members to try the product or view a survey
- Reporting Breaches. You will notify us immediately if you know of any loss or unauthorized disclosure of the information, whether by yourself or others.
Enforcement. We rigorously enforce the terms of this Membership Agreement. Our existing members take their responsibilities very seriously and assist in reporting any infractions, and we expect that you will too. If we determine that you have falsified any information in the course of application or participation in the Panel, breached any terms of this Membership Agreement, or engaged or participated in any other conduct that is detrimental to us, the Panel or the Panel community, we may immediately remove you from the Panel, cancel any Rewards you may have accumulated and initiate any remedies we deem appropriate including legal action. We shall be the sole determiner in cases of suspected abuse, fraud, or violation of rules and any decision we make relating to termination of Panel membership (including cancellation of any Rewards) shall be final and binding.
Rewards. We believe that you will enjoy your PineCone Research panelist experience. Most of our interviews average 15-20 minutes and you are paid for each and every product evaluation study. Some household questions will be asked from time to time to ensure we direct surveys to appropriate households, and these household questions are not compensated. Reward points earned will be valid until there is no earning activity for twelve (12) consecutive calendar months and will expire at the end of that twelve-month period.
Disclaimer of Warranties. You expressly agree your participation in the Panel and the use of any Rewards is at your own risk. All participation provided by us on a strictly "as is", "as available" and “if available” basis. We disclaim any and all express and implied warranties, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose and non-infringement. We make no warranty with regard to any products, services or Rewards obtained through your participation, or that your participation will meet your requirements or expectations. We make no warranty as to the results or values that may be obtained from the membership or the Rewards, or as to the accuracy, efficiency, or reliability of any information obtained or provided by us. We shall not be liable or responsible for any guarantees, warranties, and representations, if any, offered by any third parties including Panel partners, suppliers of services, or manufacturers of products/merchandise. No advice or information, whether oral or written, obtained by you from us shall constitute or create any warranty not expressly made herein.
Membership in the PineCone Research Panel is strictly voluntary: both you and we may discontinue your participation at any time for any reason or no reason whatsoever. If you decide to disenroll from the Panel, you will forfeit any accrued Rewards at the time you cancel your membership. In exchange for the opportunity to participate in our research, you commit and warrant you will strictly abide by this Membership Agreement, including to safeguard the confidentiality of our clients’ ideas, concepts, and products, including after your membership is terminated by any party for any reason. Should you at any time object to the terms of this Membership Agreement, or any subsequent modifications, or become dissatisfied with the Panel program, your only recourse is to discontinue participation in the program and terminate your membership.
Privacy. We promise to safeguard your personal information in accordance with the PineCone Research Privacy Statement. We ask that you promise to keep our information secure and confidential.
Limitation of Liability. PineCone shall in no event be liable for the loss of profits, goodwill or other special or consequential damages suffered by the members of the Panel, clients, or others as a result of our performance or non-performance under this Membership Agreement whether or not the possibility of such damages was disclosed to PineCone or could have been reasonably foreseen by us.
PineCone is neither responsible nor liable for any damages, whether direct, indirect, incidental, special or consequential, or losses that result from participation in the Research Activities offered to Panel members, or the Rewards, or reliance on or use of information, services, or merchandise provided on or through Rewards except where such liability is mandated by law.
PINECONE’S LIABILITY, AND THE LIABILITY OF OUR SUPPLIERS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE GREATER OF (A) THE AMOUNT OF ANY REWARDS OR FEES WE PAY TO YOU IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, AND (B) US$100.00. Some states/countries do not allow the limitation of liability, so the foregoing limitation may not apply to you.
Indemnification. You accept all responsibility for, and hereby indemnify and hold harmless PineCone and its affiliates, subsidiaries and divisions and their respective members, managers, shareholders, officers, directors employees, representatives and agents from and against, any actions taken by any user authorized to use your account, including but not limited to responses to Research Activities offered, accumulation of Rewards, redemption of Rewards, and disclosure of passwords to third parties. You further agree to indemnify and hold us, our representatives, officers, agents, directors and employees harmless from any claim, demand, expense or damage, including reasonable attorneys' fees relating to any submission or use of the Panel, the website, Rewards and intentional or negligent abuse or violation of this Membership Agreement.
Intellectual Property Rights. The names, logos, icons, and graphics used on the PineCone Website in connection with or identifying the products or services of the Panel, any other content or material embodying or consisting of patentable or copyrightable work on the website are proprietary marks of PineCone. All other trademarks and or copyrights appearing on the website are the property of their respective owners, and unless otherwise stated, are not affiliated with us.
The content of the Panel and the website is intended for the personal, noncommercial use of its users, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from such materials or content, including our intellectual property.
General Compliance with Laws. You promise you will comply with all applicable laws, statutes, ordinances and regulations regarding your use of the Panel and the website.
No Agency. You and the Panel are independent parties, and no agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship is intended or created by this Membership Agreement or your participation in the Panel.
Notices. Except as explicitly stated otherwise, any notices concerning the Panel will be given here; concerning you, to the email address you provide to us during the registration process, or such other address as specified. Notice will be deemed given 24 hours after email is sent, unless the sending party receives an automatic reply that the email address is invalid. Alternatively, we may give you notice by certified mail, postage prepaid and return receipt requested, to the address provided to us during the survey process. In such case, notice shall be deemed given 3 days after the date of mailing.
Arbitration. Any controversy or claim arising out of or relating to this Agreement shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in New York County, New York, and judgment on the arbitration award may be entered into any court having jurisdiction thereof. Either you or we may seek any interim or preliminary relief from a court of competent jurisdiction in New York County, New York necessary to protect the rights or property of you or us pending the completion of arbitration.
General. This Agreement shall be governed in all respects by the laws of the State of New York without giving effect to that state’s provisions regarding conflicts of laws. We do not guarantee continuous, uninterrupted or secure access to our services, and operation of the PineCone website may be interfered with by factors outside of our control. If any provision of this Membership Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. If you do not agree with this Membership Agreement, or any future modifications to this Agreement, your sole and exclusive recourse is to cancel your Panel account. This Membership Agreement sets forth the entire understanding and agreement between us with respect to the subject matter hereof.
Important Security Notice. Do not fall for Internet scams. PineCone Research will never charge you money for participation, or ask you to cash a check, wire any money, be a “mystery shopper” or reveal any passwords, account numbers, personal identification numbers or similar sensitive information. All communications from us will be from the email address Scott@pineconeresearch.com. Be suspicious of any email that comes from a different address, or asks you to respond by clicking on a link within the email. Know also that email-sender addresses can be faked, so it is possible for an email that seems to have come from Scott@pineconeresearch.com to be fraudulent. Always use common sense. If an invitation asks you to do anything related to money—for example, instructs you to send a check or other payment in any amount, or to wire money, or to provide or “confirm” passwords, account numbers, PINs or similar sensitive information, immediately exit that email and contact PineCone Research directly to verify the invitation. For information where to report Internet fraud, go to our Security page.