TERMS OF USE
Effective Date: August 1, 2021
This website is operated by Wisconsin Opinion Study, a Wisconsin corporation (“we,” “us,” “our”, or “Wisconsin Opinion Study”). The following terms and conditions together with our Privacy Policy and any documents referred to therein (collectively, these “Terms”) apply to your use of our website at www.wisurvey.org and any survey or other services offered at our website (collectively, our “Survey Platform”).
Your use of our Survey Platform means that you accept and agree to these Terms of Use. If you do not agree to these Terms or our Privacy Policy, do not use or access this website or any of its Platforms.
We may revise and update these Terms of Use from time to time in our sole discretion, and will post any updates to the Terms of Use on the website with the corresponding effective date. Your continued use of our Survey Platform, or any other service provided through www.wisurvey.org, means that you accept and agree to the modified Terms of Use.
ACCOUNT INACTIVITY OR DEACTIVATION OF YOUR ACCOUNT
By completing the initial survey and providing your email address, you authorize us to communicate with you regarding future surveys and otherwise utilize your information pursuant to our Privacy Policy. This consent may be withdrawn at any time by contacting us at info@wisurvey.org, or by clicking the “unsubscribe” link in an email we send you.
We may suspend or deactivate your account or cease providing you with access to our surveys or other services for any reason including, but not limited to: (1) we reasonably believe you have violated these Terms, (2) we reasonably believe you are not giving truthful and accurate answers to surveys (e.g. filling out random answers or the same answer for every question); (3) you share questions or other materials provided through the surveys outside of the Survey Platform; (4) any change in your status that would make you ineligible to participate such as changing your permanent residence; (5) you create a risk of potential legal issues for us, or (6) we, for any reason, can no longer provide the services or access to the Survey Platform. If we suspend or deactivate your account, we will notify you through the email address associated with your account. If your account is deactivated, we may, in our sole discretion, provide you with the opportunity to correct anything that may have erroneously led to our decision to deactivate your account.
USE OF SURVEY PLATFORM, SURVEYS AND ANSWER CONTENT
By providing your information to our Survey Platform, you agree to allow us to use your information for the purpose of communicating with you about the Survey Platform and as otherwise described in these Terms or in our Privacy Policy. The Survey Platform and any surveys and survey content is provided as is and is to be used only in connection with the purposes of the Survey Platform and www.wisurvey.org Survey Platform content may not be downloaded, copied, reproduced, distributed, sold, licensed or otherwise exploited for any purpose without our prior written consent. We do not guarantee the accuracy, integrity, or quality of any survey on the Survey Platform. You understand that by using the Survey Platform, you may access information that you do not agree with or which may be objectionable to you, and you agree that we are required to take no action regarding this content based on your objection. You may access your account, surveys and the Survey Platform only as permitted under these Terms. We reserve all rights not expressly granted to you or a third party in these Terms.
You agree not to circumvent, disable or otherwise interfere with any features related to the Survey Platform, such as security, access to other users’ information or account, or to otherwise violate the purpose of the Survey Platform. You agree to abide by these Terms when using the Survey Platform and agree, limitation, not to use the Survey Platform to do any of the following:
- Collect usernames or email addresses from any other user of the site;
- Use the Survey Platform in any way that violates applicable laws and regulations;
- Abuse, stalk or otherwise harass another user or any survey creator;
- Upload or post any viruses, Trojan horses, worms, spyware, cancel bots or any other tool or process that may interfere with the functioning of the Survey Platform or any other party’s use of the Survey Platform;
- Collect information from individuals under 13 or otherwise exploit, harm, or attempt to exploit or harm minors in any way; or
- Otherwise use the Survey Platform in any manner that violates these Terms.
We reserve the right to edit any survey content, after it has been posted. Survey content does not necessarily reflect the views or opinions of Wisconsin Opinion Study. You acknowledge, understand and agree that we assume no responsibility or liability for any survey, survey content, or edits to survey content, or for any claims, damages, injury or losses resulting from the use of the Survey Platform.
PARTICIPATION REQUIREMENTS
Surveys on the Survey Platform are only open to individuals that we have invited to participate. Occasionally invitations to participate may erroneously reach individuals they are not intended to reach. If we reasonably believe that you are not the person we intended to invite to participate, we reserve the right to terminate your membership as a survey participant and not send you opportunities to take surveys in the future. We may also permanently terminate, or temporarily discontinue your membership, or exclude you from surveys for any legally permissible reason including, but not limited to, voter registration status, residency, and not needing survey responses from you for any reason, at our sole discretion.
You may only have one active membership in our survey panels at any time and may only take each survey once. Multiple accounts for any person are subject to termination and you will not receive reward payments from surveys completed under these additional accounts or if you take the same survey multiple times.
You may choose whether or not to answer a survey at your discretion. However, you agree that any surveys in which you do decide to participate will be completed by you in good faith and to the best of your abilities. This includes the following: (a) you must complete any surveys truthfully and carefully; (b) you must not use another person’s membership or identity to answer surveys; (c) you must personally answer surveys made available to you; and (d) you must not provide false or misleading data in your survey responses, including responses that are inconsistent with prior responses or statistically improbable (as determined by us in our sole discretion). If you do not comply with these terms, we may choose to deny the fulfillment of your reward and discontinue your membership and eligibility for future surveys.
You agree to maintain the security of any password or login credentials relating to the Survey Platform. We reserve the right to request verification of, or verify on your behalf, any information provided by you, including the information provided in your account profile.
All intellectual property rights in the content and materials used in a survey are owned or licensed by the Wisconsin Opinion Study. You do not obtain any intellectual property rights to the questions asked in surveys by accessing or completing a survey. You acknowledge that all surveys are confidential. You may access surveys for the sole purpose of responding to them. You agree to keep surveys in strict confidence and to not disclose the content of surveys to any third party, except as required by law.
REWARDS AND SWEEPSTAKES
Wisconsin Opinion Study will from time to provide rewards for completing surveys. These rewards may include cash payments, the ability to redeem a reward for a gift card, and/or entry into a drawing or sweepstakes. You will be informed in advance which surveys provide a reward and what type of reward you may be eligible for.
In order to receive these rewards, you must fully complete any survey associated with the reward, provide all necessary contact information, and otherwise be in compliance with these Terms, our Privacy Policy, and any other terms or agreements that are associated with the individual reward. These rewards include both rewards that are guaranteed upon completion of a survey, and rewards from sweepstakes or drawings. Please read all applicable additional rules before entering any sweepstakes on this site.
Wisconsin Opinion Study may require you to verify any information that you provide during a survey prior to fulfilling any rewards you have earned. In most cases the information you will be asked to verify is contact information necessary to fulfill rewards. If you fail to verify the information, we may not provide you with a reward you otherwise earned.
In most cases survey entry is connected to a unique code or password. At times it may be possible for the same password to be used to complete the same or similar surveys in one round of surveys. If the same password is used multiple times, Wisconsin Opinion Study will only provide one reward per password regardless of how many times a survey in the round was completed. We will determine what contact information to use to fulfill the reward and may contact you to help determine this.
Wisconsin Opinion Study will regularly use outside vendors to fulfill rewards. These vendors may have additional requirements to redeem and fulfill rewards beyond those required by us. Vendors may also have their own privacy policies and terms of use which you may be subject to. Please be sure to read these documents.
Wisconsin Opinion Study assumes no liability, obligation or responsibility for, and makes no warranty with respect to, any damages resulting from the usage of any rewards provided by reward partners or vendors or any part thereof. These rewards (goods or services) are subject to Wisconsin Opinion Study’s partners’ and vendors’ terms and conditions.
Wisconsin Opinion Study assumes no liability, obligation, or responsibility for the transactions between you and a client, reward partner, vendor, or other third party, including but not limited to:
1. Fulfillment and timeliness of delivery of rewards.
2. Security associated with credit card or other transactions directly initiated by you with a third party associated with rewards or any other vendor.
3. Maintenance of privacy of any personal information given by you directly to vendor or other third party.
You agree that Wisconsin Opinion Study shall not be responsible or liable for any loss or damage of any sort incurred as the result of any dealings directly between you and third parties on the Survey Platform.
You understand that all goods and services offered through the rewards are offered by third parties unless otherwise indicated, and that Wisconsin Opinion Study does not operate, control or endorse any information, goods or services in any way.
You understand that reward partners and vendors may place restrictions on the use of goods and services offered through the rewards program. Unless otherwise specified, you are only eligible to receive one reward per survey window even if you complete the survey multiple times, and even if you enter the survey via different invitations or methods.
INTELLECTUAL PROPERTY
You represent and warrant that the content you submit through the Survey Platform is original to you and does not infringe on the intellectual property rights of any third party. By submitting responses to surveys through the Survey Platform, you automatically grant to us a royalty-free, worldwide, fully paid, perpetual irrevocable, nonexclusive right to use, reproduce, distribute, modify, adapt, and publicly display your content as long as we do so in a manner that would prevent someone from individually identifying you. You acknowledge and agree that we have the right to delete any or all of your responses from our database and by participating in a survey, grant to us a royalty-free, fully paid-up, perpetual, irrevocable, non-exclusive right and license to copy, analyze, and use any of your answers or actions on the site as we may deem necessary or desirable for purposes of debugging, testing, and/or providing support services in connection with the Survey Platform.
All content included as part of the Survey Platform, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Survey Platform, is our property or the property of our suppliers, clients, or vendors and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.
You will not modify, make public, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Survey Platform. Our content is not for resale. Your use of the Survey Platform does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without our express written permission. You agree that you do not acquire any ownership rights in any content. We do not grant you any licenses, express or implied, to our intellectual property or the intellectual property of our licensors.
Digital Millennium Copyright Act Policy
Our policy is to respond to notices of alleged infringement that comply with the Digital Millennium Copyright Act (“DMCA”). If you believe that any content on the Survey Platform, including content contained in an individual survey, violates the copyrights of another individual, you may send a notice to: info@wisurvey.org. To submit a claim, you must identify your full name, mailing address and phone number, a description of the copyrighted work that has been infringed, a description of the content on the Survey Platform that infringes upon the copyright, and a declaration that: (i) you, in good faith, believe the identified content is infringing on the copyright of a third party, (ii) the information you include in your notice is accurate, and (iii) you are the copyright owner or are authorized on behalf of the copyright owner to submit the claim. You may not submit a copyright claim on behalf of another individual or organization with which you have no affiliation.
LINKS TO OTHER WEBSITES
The Survey Platform may contain hyperlinks to websites operated by third parties. We do not control such websites and are not responsible for their content or for any breach of contract or any intentional or negligent action on the part of such third parties, which results in any loss, damage, delay or injury. We are not responsible for the accuracy of information provided or opinions expressed in the surveys or any linked websites, whether in the surveys or otherwise on the Survey Platform, and such websites and links are not investigated, monitored or checked for accuracy or completeness by us. Inclusion of any linked website on the Survey Platform does not imply or constitute approval or endorsement of the linked website or the content of such websites by us. If you decide to leave the Survey Platform to access these third-party sites, you do so at your own risk. All rules, policies (including privacy policies) and operating procedures of websites operated by third parties will apply to you while on such sites. We are not responsible for information provided by you to third parties.
INDEMNIFICATION
You agree to indemnify, defend and hold harmless Wisconsin Opinion Study, its officers, directors, employees, and agents, for any losses, costs, liabilities and expenses (including reasonable attorneys’ fees) incurred as a result of any third party claim or action relating to or arising out of your use of or inability to use the Survey Platform, including but not limited to any information you provide through your use of the Survey Platform, your violation of these Terms, your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. We reserve the right, at our own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with us in asserting any available defenses.
ELECTRONIC COMMUNICATIONS
Visiting www.wisurvey.org or answering surveys constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Survey Platform, satisfy any legal requirement that such communications be in writing. To opt out of receiving an email from us or, where applicable, the third party creator of a survey, email info@wisurvey.org. There are certain system generated and legal notices that you cannot opt out of without deactivating your account.
WARRANTY AND LIMITATION OF LIABILITY
THE SURVEY PLATFORM AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SURVEY PLATFORM MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES MAY PERIODICALLY BE MADE TO THE INFORMATION HEREIN. WISCONSIN OPINION STUDY, ITS CLIENTS, ITS VENDORS AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES TO THE SURVEY PLATFORM AT ANY TIME.
WISCONSIN OPINION STUDY, ITS CLIENTS, VENDORS AND/OR SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, OR ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SURVEY PLATFORM. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. WISCONSIN OPINION STUDY, ITS CLIENTS, VENDORS AND/OR SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE SURVEY PLATFORM, INDIVIDUAL SURVEYS, ALL SURVEY CONTENT, AND RELATED INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING, WITHOUT LIMITATION, ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WISCONSIN OPINION STUDY, ITS CLIENTS, VENDORS AND/OR SUPPLIERS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR OTHER DAMAGES INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SURVEY PLATFORM, DELAY OR INABILITY TO USE THE SURVEY PLATFORM, ANY INDIVIDUAL SURVEY OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES OR RELATED GRAPHICS ACCESSED THROUGH THE SURVEY PLATFORM, THE APPLICATION, OR OTHERWISE ARISING OUT OF THE USE OF THE SURVEY PLATFORM OR THE APPLICATION, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF WISCONSIN OPINION STUDY, ITS CLIENTS, VENDORS OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SURVEY PLATFORM, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SUVEY PLATFORM OR DISCONTINUE RESPONDING TO SURVEYS.
GOVERNING LAW, VENUE AND JURISDICTION
The existence of the Survey Platform is not intended and should not be construed to mean that we are conducting business in all states of the United States of America, or that we consent to submit to the personal jurisdiction of the state or federal courts in any state in the United States, except the State of Wisconsin. These Terms shall be treated as though it were executed and performed in Wisconsin, and shall be governed by and construed in accordance with the laws of the State of Wisconsin and the laws of the United States without regard to conflict of law principles. You agree that any claim or dispute you may have arising out of or related to the Survey Platform or Wisconsin Opinion Study website including, without limitation, your use of the Survey Platform, your information provided to the Survey Platform, and/or these Terms of Use, the Privacy Policy, and any legal notices on this Survey Platform must be instituted within one (1) year after the claim arose (if multiple claims, from the date the first claim arose) or be forever waived and barred. You agree that you will bring any claims in, and submit to the exclusive jurisdiction of, the state and federal courts located in the County of Dane, in the State of Wisconsin.
WAIVER AND SEVERABILITY
No waiver by Wisconsin Opinion Study of any term or condition set out in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Wisconsin Opinion Study to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.
If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.
MISCELLANEOUS TERMS
These Terms of Use, together with our Privacy Policy, are the entire agreement between you and us related to your use of the Survey Platform.
Wisconsin Opinion Study is based in the State of Wisconsin in the United States. We provide the Survey Platform only for use by persons located in Wisconsin.
CONTACT INFORMATION
To contact us, email info@wisurvey.org.