Curizon Panel Membership Terms and Rewards Rules

Last Updated October 2021 v2-us

The Curizon Healthcare Panel (“Panel”) is run by Toluna USA, Inc. (“Toluna”) and Panel registration is open to:

Physicians/Medical Doctors

Pharmacists

Managed Care Professionals

Nurses

Dentists

Nutritionists

Eye Care Professionals

Veterinarians

Allied healthcare professions

These membership terms and rewards rules (“Terms”) govern your membership of the Panel, your use of the Curizon Healthcare website (“Site”) and your participation in Surveys. By registering as a member of the Panel and by taking Surveys you agree to these Terms and confirm that you have read the Privacy Policy.

The Privacy Policy sets out how your personal information is used and stored, and a copy can be found by clicking on the Privacy Policy link here.

If you do not agree to the Terms and the Privacy Policy, do not use this Site.

Toluna reserves the right, in its sole discretion, to change, modify, add or remove portions of these Terms and/or the Privacy Policy, at any time. It is your responsibility to check these Terms and the Privacy Policy, periodically for changes. These Terms were last updated on the date at the top of these Terms. Your continued use of this Site following the posting of such changes will mean that you accept and agree to the changes. Provided you comply with these Terms, Toluna grants you a personal, non-exclusive, non-transferable, limited privilege to enter and use this Site.

Membership Criteria

Only physicians/medical doctors, pharmacists, managed care professionals, nurses, dentists, nutritionists, eye care professionals, veterinarians and allied healthcare professions are eligible for Panel membership and only one membership per respondent is permitted.

Misrepresenting your identity, your occupation, your specialist fields, or any other information when registering for Panel membership or answering Surveys, will disqualify you from collecting rewards and may result in your membership being terminated.

Creating your Membership Account

In order for an account to be established in your name and your rewards properly credited to your account, you must complete the online form. To open an account, you must provide Toluna with complete and valid contact information, including your full legal name, home address, and valid email address. All account holders must be at least twenty-five (25) years of age. No person may establish or maintain more than one (1) account with the Panel, and each account must have a unique and valid email address and password. By completing the online form, you represent that you are at least twenty-five (25) years of age and that the information you have provided to Toluna is accurate and truthful in all respects and pertains to you and no other person.

YOU UNDERSTAND AND AGREE THAT ALL ACCUMULATED AMOUNTS IN ANY DUPLICATE ACCOUNT OR ANY ACCOUNT ESTABLISHED WITH UNTRUTHFUL INFORMATION WILL BE FORFEITED AND WILL BECOME THE PROPERTY OF TOLUNA.

Your account information (except information used generically for demographic purposes) will be made available to third parties only in accordance with the Privacy Policy as amended from time to time, unless required to do so by law or order of a court or governmental agency, or as otherwise provided in these Terms.

Should you forget your password, you may request an e-mail to reset your password by using your registered email address so that you can regain use of your account and an email will be sent to the e-mail address we hold in your member account.

By joining as a member of the Panel, you agree to receive invitations to participate in Surveys via e-mail. Toluna does not guarantee that you will receive a certain minimum volume of invitations or any invitations at all. Your participation in any Survey and your disclosure of any personally identifiable information is completely voluntary.

Relationship

You are responsible for providing any computer equipment and communications services necessary to connect to and access this Site. You agree that neither your membership in the Panel nor your completion of any Surveys creates any agency, partnership or employment relationship, and that your completion of Surveys is strictly as an independent contractor. You also agree the rewards you receive for completing Surveys are the only compensation you will receive for your completion of Surveys.

Member Code of Conduct:

The Panel is dedicated to making your voice heard and allowing you to tell leading providers of products and services in the healthcare sector what you think. When you answer Surveys and use this Site, we ask that you observe the following rules:

• Do not take any Survey other than in good faith, such as providing false answers or speeding through a Survey or answering each question the same way. Toluna reserves the right to withhold awarding rewards to you if, in Toluna's reasonable view, your Survey responses are untruthful or not well considered.
• Do not resell, barter, trade or otherwise attempt to generate income by providing access to your rewards to others.
• Do not use any robot, spider, scraper or other automated means or interface not provided by us to access the Site or extract data.
• Do not send to or otherwise impact us or this Site (or anything or anyone else) with harmful, illegal, deceptive or disruptive code such as a virus, "spyware", "adware" or other code that could adversely impact this Site or any recipient or take any action, such as a denial of service attack, that might impose a significant burden on this Site's infrastructure or interfere with the ordinary operation of this Site.
• Do not communicate with the Toluna help desk in a manner which is obscene, vulgar, harmful, insulting, threatening, abusive, harassing, defamatory, libellous, vexatious, untrue or misleading.

Failure to comply with this Code of Conduct may result in termination of your membership account and forfeiture of any rewards.

Confidentiality of Surveys

Healthcare companies may disclose confidential, commercially sensitive and/or proprietary information and materials to you as part of Surveys, and such information and materials shall remain the sole and exclusive property of its owner. This confidential information may include, but is not limited to, new services, new product ideas or concepts, packaging concepts, advertising concepts, and the text, visual images and sounds related thereto. By becoming a Panel member, you agree that you will keep the contents and materials disclosed to you as part of all Surveys in which you participate confidential and not disclose them to any third party or use the confidential information for any purpose except for the sole purpose of completing the Survey. If you breach this obligation, in addition to forfeiture of your rewards and termination of your account, you may be liable for monetary damages to Toluna and/or the relevant healthcare company for damages caused by the result of your breach.

Member Content and License

You hereby give a non-exclusive, perpetual, unlimited, worldwide, royalty-free licence to Toluna to use for any purpose any content you submit in any Survey in which you participate, including the obligation to obtain any necessary approvals and authorizations required to post such content.

Rewards Rules

Incentives are offered in the form of credits called "Rewards" which are credited to an account maintained by Toluna. Rewards are redeemable for cash equivalent gift cards, PayPal funds, or Visa virtual cards. Toluna will establish and maintain your account based on information furnished by you and will hold your Rewards until you redeem them or until they are forfeited, in accordance with the terms and conditions specified below. This program is called the "Incentive Program."

Your use of the Incentive Program and accumulation of any Rewards hereunder are personal to you, and you may not use anyone else's Rewards or assign, transfer, pool, "lend," sell, or exchange your Rewards or your right to participate in the Incentive Program. You may use only one (1) password to open and access your account, and you may not use another account holder's password or allow anyone else to use your password, for any reason. Toluna will not be responsible for any losses incurred through the use of your password by a third party.

Rewards will be credited to your account only through your participation in qualitative or quantitative marketing research activities (“Surveys”) performed by Toluna and only in accordance with the specific incentive offer disclosed for each activity.

Toluna will maintain a record of the Rewards credited to your account and allow you to check the status of your account online by logging in. If you feel the Reward amounts credited to your account are incorrect, you must contact Toluna by email and explain in full the basis of your dispute, attaching any relevant documents which offer evidence of the discrepancy. Upon receipt of your notice, we will investigate your claim and notify you of our decision to adjust or maintain the amount of Rewards credited to your account, as we deem appropriate, within thirty (30) days. If we need additional time to decide your claim, we will notify you and will endeavour to render a decision as soon as reasonably practicable. Any decision by us with regard to such a claim will be final.

Redeeming your Rewards

You may redeem your Rewards at any time by going to the “Rewards” tab on the main page.

Survey payments in accordance with the Rewards awarded are credited to your Curizon account immediately after you complete a survey for earnings up to a value of $100. Incentives greater than $100 will be credited to your account approximately 2-6 weeks after a project closes. To redeem your payments, you need to log in to your Curizon account at your convenience to request your preferred method of receipt.

You will have a choice of PayPal payments, multiple options for store gift cards (including Amazon, Target, and Starbucks to name a few), or a new digital VISA card option that allows you to spend anywhere VISA is accepted (“Honoraria”). For those who select the VISA card option you will still have the choice to provide an address and receive a tangible gift card (mailed to you instead of digital) if that is what you prefer. If you select the postal mail option, the time taken to receive the gift card will be a bit longer and there will be a small fee deducted to from your Reward value.

When you click on the particular Honoraria you would like to “purchase” with your Rewards the terms and conditions associated with that particular Honoraria and any time limits within which the Honoraria must be used are specified. It is your responsibility to use the Honoraria in accordance with those terms and conditions and Toluna will not be held responsible, nor liable, if your Honoraria expire in accordance with those terms prior to you using them.

Expiration of Rewards

If you remain an active member your incentives will not expire. An active member is defined as having attempted at least 1 survey in the past 3 years.

In addition, all of your Rewards will immediately expire and be forfeited in the event that you cancel your account or if your account becomes "inactive". To be an active member means that you have joined the Panel and participated in a Survey or other activity on this Site within 36 months from your initial registration or within the preceding 36 months. Toluna will not provide you with any notice of the cancellation and forfeiture of any of your Rewards. Toluna reserves the right to amend these cancellation and forfeiture rules in its sole discretion.

Misconduct, Fraud and Correcting Account Errors

Toluna retains the right to monitor all member activity. If you have violated our Code of Conduct above, or in the event that your account shows signs of fraud, abuse or suspicious activity, your member account may be terminated, and you may forfeit all accumulated Rewards. If you have conducted any fraudulent activity, then subject to local applicable law, Toluna reserves the right to take any necessary legal action and may have grounds to confiscate any rewards redeemed as a result of such activity. In addition, if allowed by law, you may be liable for monetary losses to Toluna, including litigation costs and damages, and you will not be allowed to participate in the Incentive Program in the future.

If your account does not accurately reflect your Rewards balance, Toluna reserves the right to correct such errors. If you have been awarded Rewards in error or you believe that your member account has been the subject of suspicious activity, please contact Toluna immediately. If it is determined that you have been the victim of fraud, the Rewards you have earned will be transferred to a new member account.

Transferability

Rewards have no intrinsic cash value (they are just redeemed for cash equivalents), and may not be assigned, transferred and/or pledged to any third party. You have no property rights or other legal interests in any Rewards granted pursuant to the Incentive Program.

Incentive Program

Any revisions to the Incentive Program may affect your ability to use any Rewards you accumulate. If the Incentive Program is terminated or your membership is terminated by Toluna other than as a result of your breach of these Terms, you will only have 30 days from such termination date to redeem all your accumulated Rewards. If there is a modification to the Incentive Program, we will endeavour to notify you; however, Toluna will not be responsible if you do not learn of the modification. The Rewards offered are subject to change without notice. All Rewards are subject to availability.

AT NO TIME WILL INTEREST BE PAID ON ANY AMOUNTS CREDITED TO YOUR ACCOUNT, NOR WILL YOU BE ENTITLED TO ANY SUCH INTEREST.

BY COMPLETING THE SIGN-UP FORM AND UTILIZING THE INCENTIVE PROGRAM, YOU ACKNOWLEDGE AND AGREE THAT TOLUNA IS NOT A BANK OR ANY OTHER KIND OR FORM OF FINANCIAL INSTITUTION AND THAT TOLUNA DOES NOT MAINTAIN YOUR ACCOUNT FOR ANY PURPOSE OTHER THAN THOSE SPECIFIED HEREIN. YOU FURTHER AGREE THAT THE REWARDS CREDITED TO YOUR ACCOUNT ARE NOT ACTUAL CASH DEPOSITS AND ARE ONLY ACCOUNT ENTRIES THAT ENTITLE YOU TO THE AMOUNT OF THE CREDITED INCENTIVES IF YOU REDEEM THEM IN ACCORDANCE WITH THESE TERMS. YOU FURTHER AGREE THAT YOU MAY ONLY REDEEM THE AMOUNTS IN YOUR ACCOUNT IN THE MANNER AND ACCORDING TO THE PROCEDURES DESCRIBED IN THESE TERMS AND CONDITIONS, WHICH WE MAY AMEND FROM TIME TO TIME.

You may be required under national, European, federal, state, and/or local laws to pay taxes on the Rewards you earn. You acknowledge that we may supply information to taxing agencies, or withhold taxes, at the request of those agencies or as we in our sole discretion deem appropriate. You acknowledge and agree that you will provide Toluna with any additional personal information, such as social security number, that Toluna needs to comply with any reporting or withholding obligations. Your failure to provide such information within 30 days of a request sent by Toluna to the email address registered at that time will result in the forfeiture of your incentives.

Toluna will not be responsible for supplying any hardware or software needed to access the Incentive Program, or for any charges associated therewith (including but not limited to telephone and Internet provider charges).

YOU MAY ACCESS THE INCENTIVE PROGRAM ONLY FOR THE PURPOSES THAT WE PERMIT. IF YOU USE OR ATTEMPT TO USE ANY PART OF THE INCENTIVE PROGRAM FOR ANY OTHER PURPOSE, YOU UNDERSTAND AND AGREE THAT YOUR RIGHT TO ACCESS THE INCENTIVE PROGRAM WILL CEASE AND ALL REWARDS CREDITED TO YOUR ACCOUNT, HOWEVER AND WHENEVER ACCUMULATED, WILL BE FORFEITED AND WILL BECOME THE PROPERTY OF TOLUNA. YOU MAY, IN ADDITION, BE SUBJECT TO AN ACTION FOR DAMAGES AND/OR CRIMINAL PROSECUTION.

Without limiting the above paragraph, misuse of the Incentive Program will include attempting to access the accounts of others, accessing your account in an attempt to change the amount of Rewards credited, and opening multiple accounts. Toluna reserves the right, in its sole discretion, to determine what other actions constitute misuse of the Incentive Program. Toluna retains all rights to the Incentive Program. Any unauthorized copying or publication of the Incentive Program or any subject matter associated with the Incentive Program will constitute an infringement of Toluna’s rights under the copyright laws, and you will be subject to all damages and other penalties available under those laws, including but not limited to criminal prosecution.

You may cancel your account at any time by contacting Toluna through the contact us form on the website: https://www.curizon.com/contactus or by activating the "Delete" feature on the "Member's Area" page of this website, which is accessed through the "Your Profile" page. Your account will also be cancelled if you withdraw from the Panel. Immediately upon deletion or your withdrawal from the Panel, your account will be closed.

YOU UNDERSTAND AND AGREE THAT UPON CLOSING YOUR ACCOUNT, YOUR RIGHT TO ACCESS THE INCENTIVE PROGRAM WILL CEASE AND ALL REWARDS CREDITED TO YOUR ACCOUNT AT SUCH TIME, HOWEVER AND WHENEVER ACCUMULATED, WILL BE FORFEITED AND WILL BECOME THE PROPERTY OF TOLUNA.

WE RESERVE THE RIGHT, IN OUR SOLE DISCRETION, TO MODIFY ANY PART OF THE INCENTIVE PROGRAM OR THESE TERMS AT ANY TIME BY CHANGING THESE TERMS OR RELATED INFORMATION ON OUR WEBSITE.

This includes, without limitation, the right to change the rules of participation, terminate your participation, and discontinue the Incentive Program. If there is a modification to the Incentive Program, we will endeavour to notify you; however, we will not be responsible if you do not learn of the modification. Toluna does not warrant that the Incentive Program will remain operational, and we disclaim any liability for any losses you experience because the Incentive Program is not operational or accessible by you.

IF TOLUNA DISCONTINUES THE INCENTIVE PROGRAM OR IF WE TERMINATE YOUR PARTICIPATION FOR VIOLATION OF THESE TERMS, YOU UNDERSTAND AND AGREE THAT YOUR RIGHT TO ACCESS THE INCENTIVE PROGRAM WILL CEASE AND ALL REWARDS IN YOUR ACCOUNT, HOWEVER AND WHENEVER ACCUMULATED, WILL BE FORFEITED AND WILL BECOME THE PROPERTY OF TOLUNA. IF WE TERMINATE YOUR PARTICIPATION FOR ANY REASON OTHER THAN YOUR MISCONDUCT OR VIOLATION OF THESE TERMS AND CONDITIONS, YOU WILL HAVE THIRTY (30) DAYS TO REDEEM THE REWARDS CREDITED TO YOUR ACCOUNT.

Warranty Disclaimer

Toluna provides the Incentive Program "as is" and makes no representations or warranties to you, express or implied, regarding its accessibility or that your access to the Incentive Program will be uninterrupted or error-free.

WE ESPECIALLY DISCLAIM ALL IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

Some states do not allow limitations on how long an implied warranty may last, so the above limitation may not apply to you.

Limitation of Liability

Notwithstanding anything else in these Terms, Toluna will not be liable for any incidental or consequential damages (including but not limited to loss of profits or revenue, loss of use of a product, cost of capital, cost of substituted services or products, downtime costs, labor costs, or claims of customers) with respect to any claim or action related to the subject matter hereof.

IN NO EVENT SHALL THE LIABILITY OF TOLUNA, ITS CORPORATE PARENTS OR AFFILIATES, SUCCESSORS OR ASSIGNS, SUPPLIERS OR AGENTS EXCEED THE ACTUAL RETAIL VALUE OF AN APPLICABLE REWARD AT ISSUE, OR IF A DISPUTE RELATES GENERALLY TO YOUR USE OF THE INCENTIVE PROGRAM, TO THE FAIR MARKET RETAIL VALUE OF THE REWARDS WHICH YOUR UNUSED, UNEXPIRED, NON-CANCELLED REWARDS ARE CONVERTIBLE INTO.

Some jurisdictions do not allow limitations on incidental or consequential damages, so the above limitation may not apply to you.

Indemnification

To the fullest extent allowed by law, you agree to indemnify and hold Toluna, and its parent and affiliated companies, together with their officers, directors, owners, employees and agents harmless from any and all claims, losses, damages, suits, fines, levy's and costs (including reasonable attorney's fees and expert witness costs, including costs associated with in-house counsel), (collectively "Claims"), arising from or related to your use of this Site and any responses you make to Surveys, including Claims made by third parties. You agree that Toluna has the unlimited right to defend any Claim and to settle any Claim without your prior permission. You agree to provide Toluna with all reasonable assistance in the defence of any Claim.

Security

Toluna takes reasonable measures to maintain the security and confidentiality of your personal account information. There are certain conditions, however, that exist on the Internet generally which are outside Toluna’s control and could result in a breach of security. Accordingly, we cannot guarantee that your confidential information will be free from corruption or privacy. You hereby expressly waive any claim against Toluna and its members, officers, directors, employees, agents, and representatives, arising out of the loss of data through corruption, piracy, breach of security, or other reason.

Toluna Intellectual Property

This Site is protected by intellectual property laws and you agree to respect them. All rights not expressly granted to you are reserved by Toluna or its licensors.

The CURIZON and the CURIZON THE HEALTHCARE COMMUNITY logos and marks, and the domain name “curizon.com” are trademarks or registered trademarks of Toluna or its affiliates. All other trademarks, service marks, logos and trade names used on this Site are the property of Toluna or their respective owners or are owned by third parties but used by Toluna with the owner’s consent. All rights are reserved.

For the purposes of this paragraph, "Content" means (without limitation) all text, design, graphics, images, sound files, animation, video, interfaces, software, code and the selection and arrangement thereof appearing or included from time to time on this Site. All Content on this Site is subject to intellectual property rights, contractual or other protection. The intellectual property rights are owned by us or our licensors. No Content may be copied, distributed, republished, uploaded, posted or transmitted in any way except pursuant to the express provisions of these Terms or with our prior consent. Modification or use of the Content for any other purpose may violate intellectual property rights. No right to use the Content is granted to users and all title and/or rights remain with us. This Site is © TOLUNA. All rights reserved.

Compliance with the law

Toluna’s performance under these Terms is subject at all times to existing laws and legal process, and nothing in these Terms limits or restricts Toluna’s rights, duties, and obligations to comply with all applicable laws or legal process served on Toluna with respect to you or your use of the Incentive Program.

No waiver

No delay by Toluna in enforcing these Terms shall constitute a waiver of any breach hereof, and no waiver by Toluna of any breach of these Terms shall constitute a waiver of any future breach.

Entire Agreement

These Terms, including items incorporated into them (e.g., the Privacy Policy), as well as any additional terms or conditions contained on the Site for particular activities, and disclosures provided by us and consents provided by you on the Site (collectively, the "Entire Agreement"), constitute the entire agreement between us and neither party has relied on any representations made by the other that are not expressly set forth in the Entire Agreement.

If any provision of the Entire Agreement is found by a court of competent jurisdiction to be invalid, illegal or unenforceable it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable.

If such modification is not possible, the relevant provision or part-provision shall be deemed deleted. Any modification to or deletion of a provision or part-provision under shall not affect the validity and enforceability of the rest of these Terms and the remaining provisions will remain in full force and effect, provided that the allocation of risks described herein is given effect to the fullest extent possible. Our failure to act with respect to a breach does not waive our right to act with respect to subsequent or similar breaches, and time is of the essence of the Entire Agreement.

Governing Law and Jurisdiction

These Terms are governed by and shall be construed under the laws of the State of Connecticut, USA (without regard to its conflicts of law provisions).

You agree that any dispute regarding the Incentive Program or these Terms more generally will be brought in the federal or state courts located in Fairfield County, Connecticut.

You will comply with all such laws and with the laws of the United States that apply to the Incentive Program and the use of any "Rewards" in your account, and any laws of your country and state or province of residence.

These Terms are governed by and shall be construed under the laws of the State of Connecticut, USA (without regard to its conflicts of law provisions).

You agree that any dispute regarding the Incentive Program or these Terms more generally will be brought in the federal or state courts located in Fairfield County, Connecticut.

You will comply with all such laws and with the laws of the United States that apply to the Incentive Program and the use of any "Rewards" in your account, and any laws of your country and state or province of residence.

The Incentive Program and these Terms, or relevant portions thereof, are void where prohibited by law.