Your Opinion, rewarded

Terms of Use

Last Updated: December 23, 2020

Summary

BEFORE USING OUR SERVICES, PLEASE READ THE ENTIRE TERMS OF USE BELOW. THIS SUMMARY ONLY INCLUDES SOME KEY POINTS REGARDING YOUR MEMBERSHIP.

  • PointClub is only for your personal, noncommercial use.
  • By participating as a panelist, you agree to deal fairly and professionally with us and with other PointClub members.
  • While you control how often you participate, our clients control administration of their own surveys.
  • Points may be accrued at varying rates but can only be redeemed in 25,000-point ($25 equivalent) increments.
  • The PointClub system only works properly if our members answer surveys thoughtfully and truthfully, and do not try to “game the system” by speeding through surveys, providing meaningless answers, or otherwise taking surveys in bad faith.
  • We reserve the right to deactivate a member’s account for any reason

Welcome to the PointClub website (the “Site”), owned and operated by Innovate MR, LLC (referred to herein as “PointClub”). By accessing, browsing, or using the Site or other services described below, you acknowledge you have read, understood, and agreed to be bound by these Terms of Service (“Terms”). These Terms govern your use of PointClub’s services, including but not limited to: (1) use of the Site; (2) registration as a member (“Member”); (3) participation on a panel; (4) use of any mobile applications operated by PointClub (also included as part of the “Site”); and (5) participation in any survey or study offered, provided, hosted, or administered by or through PointClub (collectively, and inclusive of items 1 through 5, the “Service(s)”).

If you do not agree to these Terms, you should not access the Services. PointClub reserves the right to refuse, restrict, prohibit, or reject your access to the Services, at any time, for any reason.

Our collection and use of your personal information is also governed by our Privacy Policy, each of which are incorporated into these Terms by this reference.

PointClub reserves the right to revise these Terms at any time by updating this posting. You are encouraged to review these Terms each time you use the Services because your use of the Services after the posting of changes will constitute your acceptance of the changes.

  • 1. Use of the Services

    We grant you a personal, limited, revocable, non-transferable, non-exclusive license to access and use the Services. We reserve the right, in our sole discretion and without notice to you, to change, suspend, add to, or discontinue any aspect of the Services, and we will not be liable to you or to any third party for doing so. Your continued use of the Services will constitute your acceptance of any such changes.

    You may use the Services only for your own noncommercial personal use and in compliance with these Terms. You are responsible for your own communications, including the transmission, uploading, or posting of information on or through the Site, and are responsible for the consequences of such communications.

    You agree you will not use the Services for any of the following purposes:

    1. Posting, communicating, or transmitting any material which infringes on any intellectual property, publicity, or privacy right of another person or entity;
    2. Posting any information which is untrue, inaccurate, or not your own;
    3. Engaging in conduct which may constitute a criminal offense, give rise to civil liability, or otherwise violate any law or regulation;
    4. Attempting to interfere in any way with the Site’s or PointClub’s network security, or attempting to use the Services to gain unauthorized access to any other computer system;
    5. Using spiders, robots, or other automated data mining techniques to catalogue, download, store, or otherwise reproduce or distribute data or content available in connection with the Services;
    6. Manipulating the results of any survey;
    7. Collecting any personal information of any other user of the Services;
    8. Opening, using, or maintaining more than one membership;
    9. Forging or masking your true identity, using proxy servers, or engaging in any other activity that, in PointClub’s sole and absolute discretion, suggests an effort to abuse the Services;
    10. Using obscene or abusive language when communicating with PointClub support staff;
    11. Posting or transmitting any threatening, libelous, defamatory, obscene, pornographic, lewd, scandalous or inflammatory material or content or any material or content which could otherwise violate applicable laws; or
    12. Engaging in any fraudulent activity, including but not limited to speeding through surveys, taking the same survey more than once, masking or forging your identity, submitting false information during the registration process, submitting false or untrue survey data, regularly setting off “trap” questions or failing attention check questions, or redeeming or attempting to redeem rewards, prizes or incentives through false or fraudulent means.

    You are responsible for maintaining the confidentiality of your account and password. You agree to accept responsibility for all activities occurring under your account or password. You agree to notify us immediately in the event of any unauthorized use of your account or other breach of security.

  • 2. Additional Terms and Conditions

    You agree additional terms and conditions may apply to specific products, orders, or your use of certain portions of the Services, including with respect to ordering, shipping, and return policies and membership reward programs (“Additional Terms”). Such Additional Terms are made part of these Terms by reference. If there is a conflict between these Terms and the Additional Terms, the Additional Terms shall control.

  • 3. Membership, Points Administration

    The Services are available to Members who are thirteen (13) years and older and who have not been suspended or removed by PointClub for any reason. If any survey or study includes questions for a child under 13, respondents must secure parental consent before participating. Without limiting the foregoing, we will comply with all applicable laws and regulations concerning the collection of information from minors. For Members outside the U.S., other laws and regulations related to minors may apply.

    We reserve the right to revoke your membership for any reason at any time including as a result of a violation of these Terms, without notice. Membership is void where prohibited by law.

    We keep track of your earnings in the form of “points.” Each point you earn is worth 0.001 USD (i.e., 1,000 points is worth 1.00 USD). We reserve the right to change the dollar value of points upon forty-five (45) days’ written notice, through prominent announcements on the Site and elsewhere, including email, alerting you to these changes. Any such changes will affect new points earned but will not affect any points you’ve already earned.

    “Pending” points are points earned for surveys completed but still await review, and therefore are not yet eligible for redemption. This process can take up to six (6) weeks to complete and for the points to post to your account. Once reviewed and approved, pending points become “banked” points and are immediately available for redemption. Points can only be redeemed in increments of 25,000. For example, if you have 27,000 banked points, you can redeem 25,000 points, leaving 2,000 points in your account. Likewise, if you have 55,000 banked points, you can redeem 50,000 points, leaving 5,000 points in your account.

    You may also participate in the “Daily Streak,” which increases your earnable points, and earn “Daily Streak” bonuses, depending on how many consecutive days you’ve logged into your account. Specific point increase percentages and Daily Streak bonus thresholds are set forth on the Site and may be changed in PointClub’s sole discretion; provided, however, that any changes will not affect a Member’s current streak. More information about Daily Streak bonuses can be found here.

    Points can be redeemed for a wide variety of gift cards to your favorite stores, restaurants, and entertainment, deposited to your PayPal account, or given to one of several charitable organizations listed on our Site. Funds are typically deposited in your PayPal account within ten (10) business days of the request. If you’ve opted to receive a specific gift card instead, the card will typically be sent in digital format within ten (10) business days to your PointClub email account.

    Please note: When requesting a redemption of points to PayPal, the point reduction in your Point Bank will reflect the net point redemption (25,000, 50,000 etc) plus an additional 2% to cover the PayPal fee applied. This 2% additional redemption applies only to PayPal distributions and not gift card options.

    For more information, visit PointClub’s Help Center page.

    You acknowledge and agree a client may invalidate a survey that fails to pass a quality check, and in such cases any pending points associated with the particular survey will be removed from your account. You acknowledge and agree clients reserve the right to kick you out of a survey for any reason, including but not limited to you not fitting into the desired respondent pool, the client reaching or exceeding the desired number of respondents, and/or your failure to properly pass a quality check.

    You also acknowledge and agree if you fail to log in to your PointClub account and meaningfully interact with the Site by navigating and clicking for twelve (12) months or longer, your account may be cancelled or deactivated, and any points would no longer be available for you to redeem regardless of balance available. This twelve (12) month period is subject to change on forty-five (45) days’ written notice.

    In order to redeem earnings from activities on the Site, you must (A) have confirmed your email address by responding to any email sent to you from PointClub, AND (B) have completed a minimum of five (5) surveys have all been validated by a PointClub client. A survey has been completed if (1) the survey has been legitimately started on the Site, (2) the survey has been taken by you as a Member, (3) all survey questions have been successfully answered, and (4) you have been returned to the Site upon successful completion of the survey. Members who have not completed requirements (A) and (B) above will be denied redemption of earned points until both requirements have been fulfilled.

    You acknowledge you are accessing the Services in the capacity of an independent contractor and no agency, partnership, join venture, employee-employer, or franchisor/franchisee relationship is intended or created by these Terms.

    You also acknowledge and agree that your participation in research is based on your desire to share opinions and provide feedback, and any consideration paid to you, including without limitation any points earned on the Site, is not calculated based on time spent by you and is not pro-rated on an hourly basis or otherwise.

    Your participation in research is without the control or direction of any other party or entity, and in your participation you are exercising your own independent judgment and discretion. By being given the opportunity to participate and by receiving your earnings, you agree that any consideration paid to you represents fair value for your participation.

    You agree to notify PointClub promptly of any changes in or to the information contained in your Member profile.

    In addition to any and all other available remedies, PointClub may, without notice, suspend or terminate your access to the Services if you are in violation of these Terms, in which case: (i) your membership will immediately be cancelled; and (ii) your access to the Services will immediately cease. PointClub reserves the right to de-activate your membership if (i) your account remains inactive for a substantial period of time; or (ii) PointClub receives a hard bounce, delivery failure, or “mailbox full” notice regarding email communications sent to your email account.

  • 4. Product Information; Limitation on Quantities

    Excluding any content which may be submitted by Members from time to time, we strive to ensure the information on the Site is complete and reliable. Certain information may contain pricing errors, typographical errors, and other errors or inaccuracies. We also reserve the right to limit quantities purchased by Members and to revise, suspend, or terminate an event or promotion at any time without notice, including but not limited to after an order has been submitted and/or acknowledged. We do not guarantee that all products described on our Site will be available.

  • 5. Proprietary Rights, Non-Disclosure

    You acknowledge and agree the content (other than content possibly submitted by Members), materials, text, images, videos, graphics, trademarks, logos, button icons, music, software, and other elements available on the Services are the property of PointClub, our licensors, or our clients and are protected by copyright, trademark, and/or other proprietary rights and laws. You agree not to sell, license, rent, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, modify, or create derivative works from any content or materials on the Services. PointClub is a registered trademark of Innovate MR, LLC. All other trademarks are the property of their respective owners.

    All of our Site’s content is Copyright 2021 Innovate MR, LLC. All rights reserved.

    Information and content made available to you through the Services may contain trade secrets or other confidential or proprietary information of PointClub or PointClub’s clients, suppliers, or licensors. You must hold in strict confidence, and not disclose to any other person, any information or content you access or learn in connection with your participation in any survey, project, questionnaire, or other activity related to the Services. You are prohibited from sharing with any third party photographic or other imagery, information, or any other content from your activities with respect to the Services. You must not use any such information or content for any purpose other than your participation in the Services in accordance with these Terms. You hereby agree to notify PointClub immediately if you learn of or suspect any use or disclosure of, or access to, any such information or content other than as specifically authorized in these Terms.

  • 6. Submitted Content

    PointClub does not claim ownership of any materials you make available through the Services, including but not limited to photos, videos, or written stories. With respect to any materials you submit or make available for inclusion on the Services, you grant PointClub and PointClub’s clients a perpetual, irrevocable, non-terminable, worldwide, royalty-free, and non-exclusive license to use, copy, distribute, publicly display (including but not limited to display for promotion purposes), modify, create derivative works, and sublicense such materials or any part of such materials. You hereby represent, warrant, and covenant that any materials you provide do not include anything (including but not limited to text, images, music, or video) to which you do not have the full right to grant PointClub the license specified above. You further represent, warrant, and covenant that any materials you provide will not contain libelous or otherwise unlawful, abusive, or obscene material. PointClub will be entitled to use any content submitted by you without incurring obligations of confidentiality, attribution, or compensation to you.

  • 7. Disclaimers

    YOU ASSUME ALL RESPONSIBILITY AND RISK WITH RESPECT TO YOUR USE OF THE SERVICES. THE SERVICES, AND ALL CONTENT, MERCHANDISE, AND OTHER INFORMATION ON OR ACCESSIBLE FROM OR THROUGH THE SERVICES OR A “LINKED” SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, SECURITY, OR ACCURACY. SPECIFICALLY, BUT WITHOUT LIMITATION, POINTCLUB DOES NOT WARRANT THAT: (1) THE INFORMATION WITH RESPECT TO THE SERVICES IS CORRECT, ACCURATE, OR RELIABLE; (2) THE FUNCTIONS CONTAINED WITH RESPECT TO THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE; (3) DEFECTS WILL BE CORRECTED; OR (4) THE SERVICES OR THE SERVERS THAT MAKE THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

    PointClub makes no warranties of any kind regarding any third-party sites to which you may be directed or hyperlinked from the Services. Hyperlinks are included solely for your convenience, and PointClub makes no representations or warranties with regard to the accuracy, availability, suitability, or safety of information provided in such third-party sites. PointClub does not endorse, warrant, or guarantee any products or services offered or provided by or on behalf of third parties through the Services.

  • 8. Indemnification

    You agree to indemnify, hold harmless, and defend PointClub, including its parents, subsidiaries, divisions, and affiliates, together with their respective officers, directors, employees, agents, and affiliates, from any and all claims, liabilities, damages, costs, and expenses of defense, including but not limited to attorneys’ fees, in any way arising from or related to your use of the Services, your violation of these Terms or the Privacy Policy, content posted to the Services by you, or your violation of any law or the rights of a third party.

  • 9. Limitation of Liability

    IN NO EVENT SHALL POINTCLUB, ITS AFFLIATES, OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS, SUBSIDIARIES, SUPPLIERS, AFFILIATES, OR THIRD PARTIES PROVIDING INFORMATION ON THE SERVICES BE LIABLE TO ANY USER OF THE SERVICES OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, CONSEQUENTIAL, OR EXEMPLARY DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, OR LOSS OF USE) ARISING OUT OF THE USE OR INABILITY TO USE THE SERVICES, WHETHER BASED UPON WARRANTY, CONTRACT, TORT, OR OTHERWISE, EVEN IF POINTCLUB OR ANY OF THE RELATED PARTIES NAMED ABOVE HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES. IN NO EVENT SHALL THE TOTAL LIABILITY OF POINTCLUB, ITS AFFILIATES, OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS, SUBSIDIARIES, SUPPLIERS, AFFILIATES, OR THIRD PARTIES PROVIDING INFORMATION ON THE SERVICES TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION RESULTING FROM YOUR USE OF THE SERVICES, WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, ACTIONS BASED ON NEGLIGENCE) OR OTHERWISE, EXCEED THE GREATER OF: (1) THE TOTAL DOLLAR VALUE OF ALL POINTS YOU HAVE ACCCUMULATED IN THE TWENTY-FOUR (24) MONTHS PRECEDING THE DISPUTE OR (2) ONE HUNDRED AND FIFTY DOLLARS ($150). FOR PURPOSES OF CALCULATING THE FOREGOING, EACH POINT SHALL BE WORTH ONE TENTH OF ONE CENT (0.001 USD) (I.E., ONE THOUSAND POINTS SHALL BE WORTH ONE U.S. DOLLAR).

    ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO USE OF THE SERVICES OR THESE TERMS MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE.

    You hereby acknowledge the preceding paragraph shall apply to all content, merchandise, and services available through the Services. Because some states do not allow limitations on implied warranties or the exclusion or limitation of certain damages, all of the above disclaimers or exclusions may not apply to all users.

  • 10. International Use

    We control and operate the Services from the United States. We make no representation that materials on the Services are appropriate or available for use outside the United States. If you choose to access the Services from outside the United States, you are responsible for compliance with local laws, if and to the extent local laws are applicable.

  • 11. Risk of Loss

    Any merchandise purchased in connection with the Services will be shipped by a third-party carrier. You acknowledge and agree title and risk of loss for such merchandise will pass to you upon our delivery to the carrier.

  • 12. Copyright Infringement; Notice and Take Down Procedures

    PointClub specifically prohibits the posting of any content which violates or infringes the copyright rights and/or other intellectual property rights, including but not limited to rights of privacy and publicity, of any person or entity. If you believe any material contained on the Services infringes your copyright or other intellectual property rights, you should notify us of your copyright infringement claim in accordance with the following procedure. PointClub will process notices of alleged infringement it receives and will take appropriate action as required by the Digital Millennium Copyright Act (“DMCA”). The DMCA requires notifications of claimed copyright infringement should be sent to the following address:

    PointClub Attn: Panel Operations
    23975 Park Sorrento, Suite 210
    Calabasas, CA 91302
    Email: support@pointclub.com.

    To be effective, the notification must be in writing and contain the following information (DMCA, 17 U.S.C. §512(c)(3)):

    1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
    2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
    3. Identification of the material claimed to be infringing or to be the subject of infringing activity and is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material;
    4. Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
    5. A statement the complaining party has a good faith belief use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
    6. A statement the information in the notification is accurate, and under penalty of perjury, the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
  • 13. Opt-Out Policy

    At any time, Members may opt out of the Services, including without limitation newsletters or other communications: (i) by following the unsubscribe procedures described on the Site or contained in any email received from PointClub; or (ii) by contacting us as provided below. PointClub shall use reasonable efforts to read and respond to each email request within a reasonable period of time after receipt.

  • 14. Dispute Resolution

    All disputes arising under these Terms shall be governed by and interpreted in accordance with the laws of California, without regard to principles of conflict of laws. The parties to these Terms will submit all disputes arising under this agreement to arbitration in Los Angeles, California, before a single arbitrator of the American Arbitration Association (“AAA”). The arbitrator shall be selected by application of the rules of the AAA, or by mutual agreement of the parties, except such arbitrator shall be an attorney admitted to practice law in California. No party to these Terms will challenge the jurisdiction or venue provisions as provided in this section. No party to these Terms will challenge the jurisdiction or venue provisions as provided in this section. Nothing contained herein shall prevent the party from obtaining an injunction.

  • 15. Class Action Waiver

    Any arbitration or court trial, whether before a judge or jury or pursuant to judicial reference, related to any claim under these Terms will take place on an individual basis, without resort to any form of class or representative action (“Class Action Waiver”). THIS CLASS ACTION WAIVER PRECLUDES ANY PARTY FROM PARTICIPATING IN OR BEING REPRESENTED IN ANY CLASS OR REPRESENTATIVE ACTION REGARDING A CLAIM UNDER THIS POLICY. Regardless of anything else herein, the validity and effect of the Class Action Waiver may be determined only by a court and not by an arbitrator.

  • 16. Miscellaneous

    If any term or provision of these Terms shall be held or declared to be invalid or unenforceable for any reason by any court of competent jurisdiction, such term or provision shall be deemed null and void and shall not affect the application and/or interpretation of these Terms. The remaining terms or provisions of these Terms shall continue in full force and effect, as if the invalid or unenforceable term or provision was not a part of these Terms.

    The headings contained in these Terms are for reference only and shall have no effect on the interpretation and/or application of these Terms. PointClub’s failure to enforce a breach by you of these Terms shall not waive or release you from such breach and shall not waive, release, or prevent PointClub from enforcing any subsequent breach by you of these Terms. These Terms represent the entire understanding and agreement between PointClub and you with respect to the subject matter hereof.

  • 17. Contact Us

    To contact us with any questions or concerns in connection with these Terms or the Services, or to provide any notice under these Terms, please contact us at the addresses provided below:

    Innovate MR, LLC
    23975 Park Sorrento, Suite 210
    Calabasas, CA 91302
    Email: admin@pointclub.com.

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