Rex Direct Net, Inc. and its affiliates (“Rex Direct,” “us” or “we”), makes its Honest Insite website and its services available to you subject to the following Terms, which may be updated by Rex Direct from time to time without notice.
1. Applicability; Agreement
By registering for, accessing, using, and/or participating in, the Services, you hereby expressly agree to comply with and be bound by these Terms.
Please carefully review these Terms before registering to participate in the Services and become a Panel member. If you have questions about the Terms, please review our Frequently Asked Questions (FAQ's). Otherwise, please contact us, with additional questions.
2. Membership Requirements
Membership is voluntary. By agreeing to become a Panel member and creating a user account (“Account”), you agree to receive invitations to participate in surveys. You may unsubscribe from Panel membership at any time. (Sign in and click unsubscribe on the member page or click on the opt-out link within any survey invitation). If you do not agree with the Terms, then do not use the Websites, or register for, access, use or participate in the Services. We reserve the right to modify, change, add or remove portions of these Terms, at any time and at our sole discretion. Your continued use of the Website(s) and participation in the Services after changes or modifications to any terms constitutes your acceptance to the revised Terms.
You agree to comply with Panel rules and guidelines and cooperate with Rex Direct, its affiliates, agents, and employees at all times.
Membership is limited to residents of Canada, Australia, the United Kingdom, and the United States of America, or one of its commonwealths' or protectorates. We may refuse our Services to anyone at any time, in our sole discretion.
Use of the Services
The Services are for personal, non-commercial use. You may use the Services only when and as available. Rex Direct reserves the right to change, modify or eliminate, and/or restrict or block access to, all or any part of the Services, without notice, at any time, for any reason or for no reason.
3. Account Information; Passwords
Panel members are solely responsible for the security of their user names and passwords and will be solely liable and responsible for any use, whether authorized or unauthorized, of their membership accounts. Panel membership is specific to the individual who registers for membership with the Panel.
You acknowledge that you are accessing, using and/or participating in the Services in the capacity of an independent contractor and that no agency, partnership, join venture, employee-employer or franchisor-franchisee relationship is intended or created by this agreement
5. Prohibited Conduct
You agree not to: (i) engage in any fraudulent activity, including, but not limited to, 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, redeeming or attempting to redeem rewards, prizes and/or incentives through false or fraudulent means, and tampering with surveys; (ii) use automated data mining techniques to catalogue, download, store or otherwise reproduce or distribute data or content available in connection with the Services, or to manipulate the results of any survey, prize draw or contest; (v) take any action to interfere with any Website(s) or an individual’s use of any Website, including, but not limited to, by overloading, “flooding”, “mail bombing” or “crashing” any Website; (vi) send or transmit any viruses, corrupted data or any other harmful, disruptive or destructive code, file or information, including, but not limited to, spyware; (vii) collect any personally identifiable information of or about any other user of the Services; (viii) send unsolicited emails, including, but not limited to, promotions and/or advertising of products or services; (ix) open, use, or maintain more than one (1) membership account with a Panel; (x) post or transmit any threatening, libelous, defamatory, obscene, pornographic, lewd, scandalous or inflammatory material or content or any material or content that could otherwise violate applicable laws; (xi) reverse engineer any aspect of the Services or do any act or take any action that might reveal or disclose the source code, or bypass or circumvent measurers or controls utilized to prohibit, restrict or limit access to any webpage, content or code, except as expressly permitted by Applicable Laws.
Rex Direct may, without notice, suspend and/or terminate your use of, access to, and/or participation in the Services if you breach or violate these Terms. If we terminate your membership due to your breach or violation of these Terms: (i) you forfeit all rights, title and interest in and/or to all unredeemed rewards, incentives and/or prizes, effective immediately upon termination; (ii) your membership will be cancelled; and (iii) your access, participation and use of the Services will immediately cease.
6. Compliance with Applicable Laws
You acknowledge and agree that you will comply with all applicable international, national, Federal, state and/or local laws, codes, regulations, rules and/or requirements (“Applicable Laws”) regarding your use of, participation, in, and/or access to the Services.
7. Rex Direct Content
You acknowledge and agree that the Services, including the Website(s), contain certain information, such as articles, text, graphics, surveys, images, videos, links, and other materials, as well as support materials (collectively, “Rex Direct Content”) that is protected by copyrights, trademarks, service marks, patents, trade secrets, or other proprietary rights and laws. You agree that as between you and Rex Direct, Rex Direct is the owner of Rex Direct Content. You may not reproduce, distribute, republish or retransmit any Rex Direct Content except as expressly permitted herein. You agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, or create derivative works from the Rex Direct Content. Systematic retrieval of Rex Direct Content or other materials from the Website(s) to create or compile, directly or indirectly, a collection, compilation, database or directory without written permission from Rex Direct is prohibited.
8. Member Content
When you post content on the Website(s) or provide information to Rex Direct in connection with the Services, it belongs to you; however, you grant permission to Rex Direct to use that information in connection with the Services. Accordingly, you grant Rex Direct a non-exclusive, irrevocable, royalty-free, freely transferable, sublicensable, worldwide right and license to use, host, store, cache, reproduce, publish, display, perform, distribute, transmit, modify, adapt, commercialize, create derivative works of, and otherwise exploit your information in connection with our Panels, Websites, and Application/Services. You represent and warrant that you have all the necessary rights to grant Rex Direct the foregoing license for all information you submit in connection with the Services and will indemnify us for any breach of this representation and warranty.
9. Confidential Content
In connection with your use of, access to and/or participation in the Services, you may have the opportunity to review or access confidential and proprietary information, materials, products and content belonging to Rex Direct and/or Rex Direct’s clients, sponsors, partners and/or licensors (“Confidential Content”). Confidential Content is and shall remain the sole and exclusive property of the owner of the Confidential Content. In no event shall you obtain or receive any right, title and/or interest in or to any Confidential Content. You agree to protect the integrity and confidentiality of any Confidential Content that you view or gain access to in connection with the Services and you agree not to modify, copy, reproduce, republish, display, transmit, distribute, reverse engineer, create derivative works of, decompile or otherwise use, alter or transfer Confidential Content without the prior express written consent of Rex Direct. You acknowledge and agree that if you breach or otherwise violate the restrictions, limitations and prohibitions contained in this Section, in addition to any other rights or remedies available to Rex Direct, Rex Direct reserves the right to terminate your Account and prohibit or restrict your use of, access to and/or participation in the Services.
10. Third Party Sites/Information
Our Website(s) may provide links to, or information gathered from, other sites on the Internet. Rex Direct makes no representations whatsoever about these sites or this information. Other sites linked to our Website(s) may contain information or material that some people may find inappropriate or offensive. The provision of links to, or information gathered from, other sites on the Internet should not imply Rex Direct’s endorsement of any such sites or any association between Rex Direct and these other sites’ operators. These sites are not under the control of Rex Direct, and you acknowledge that Rex Direct, its affiliates, and its licensors are not responsible for the accuracy, legality, decency, copyright compliance, or any other content of, or gathered from, such sites. You also acknowledge that Rex Direct, its subsidiaries, its affiliates, and its licensors shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on the content, goods or services available on or through any sites linked to the Website(s), or your transmission of information, including personal data, to third-parties through such other sites.
11. Inactive Accounts
We may deactivate and close any Account if: (i) your Account has not been logged into for over a year, or your Account has not earned or redeemed point for a period of one year or more; (ii) we receive a hard bounce or delivery failure notice in regards to email communications sent by us to your Account; or (iii) we receive a “mailbox full” reply notice three (3) times in regards to email communications sent by us to your Account. In the event of deactivation, termination by you. or termination by us other than for your breach or violation of these Terms, we will maintain a record of the posted, unredeemed rewards, incentives and/or prizes and, subject to the applicable minimum redemption thresholds, and will allow you to redeem such rewards, incentives and/or prizes for a period of thirty (30) days following the effective date of termination or deactivation of your Account. To request Account reactivation, to the extent permitted by our then-current Terms, you may contact us using the “Contact Us” link in the footer of our Website. We may modify our inactive Account rules and policies in our Rewards Programs from time to time, and if your Account becomes inactive pursuant to such then-current rules or policies, we may close your Account, without any compensation or further obligation to you.
12. Points Expiration
Any points in our Rewards Programs that have not been redeemed for two (2) years from the time such points were earned or awarded may be deemed expired and removed from your Account. For existing members of any Rewards Program on January 1, 2019, this 2-year period will run from that date with respect to any points in your Account as of that date. To request re-crediting of the expired points to the Account (subject to such terms, limitations and requirements as we may impose from time to time) you can reach us by using the “Contact Us” link in the footer of this Site. We may modify our points expiration rules and policies for any points in our Rewards Programs from time to time, and if your points expire pursuant to such then-current rules or policies, we may remove those points from your Account, without any compensation or further obligation to you regarding the expired points.
YOU HEREBY ACKNOWLEDGE AND AGREE THAT THE POINTS, DOLLARS, INCENTIVES OR REWARDS EARNED THROUGH THE SERVICES MAY BE SUBJECT TO TAX, WHICH IS YOUR SOLE RESPONSIBILITY. We may provide you and/or the appropriate government agency or taxing authority with information related to any payments or incentives you earn in connection with the Rewards Program. You agree to provide us with all required information to assist us in complying with any reporting or withholding obligations. We may withhold any tax from any incentive or reward as required by applicable law. In the United States, we have an obligation to: (i) provide a W-9 tax form to individuals who receive payments (whether via the redemption of points or dollars or other means) of $600 or more in a tax year and (ii) file a 1099-Misc form with the United States Internal Revenue Service (“IRS”) for such payments. In addition, we will provide you with a completed 1099-Misc form for your tax compliance purposes. As a result: (1) if you have received payments of $599 during a tax year, your account will be suspended (i.e., you will not be able to receive further payments and will not be able to complete or participate in surveys) for the remainder of the applicable tax year unless and until you provide us with a completed and verified W-9 form; and (2) If you have received payments of $600 or more during a tax year, your account will be suspended indefinitely (i.e., you will not be able to receive further payments and will not be able to complete or participate in surveys) unless and until you provide us with a completed and verified W-9 form. In this case, your account will not be reinstated at the beginning of the next tax year, unless or until you provide us with a completed and verified W-9 form.
Membership is voluntary. You may terminate your membership and cancel your Account, at any time, by sending an email to firstname.lastname@example.org and going through the 'Opt-out' link at the end of each e-mail survey invitation.
15. LIMITATION OF LIABILITY
IN NO EVENT SHALL REX DIRECT BE LIABLE UNDER THIS AGREEMENT FOR ANY CONSEQUENTIAL, SPECIAL, INDIRECT OR PUNITIVE DAMAGES INCLUDING, WITHOUT LIMITATION, LOST PROFITS, WHETHER BASED IN CONTRACT, TORT OR OTHERWISE. IN NO EVENT SHALL HONEST INSITE'S AGGREGATE LIABILITY UNDER THIS AGREEMENT FOR ANY CLAIM EXCEED $100. This limitation applies whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if Rex Direct has been advised of the possibility of such damage. Because some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, Rex Direct’s liability in such jurisdictions shall be limited to the extent permitted by law.
16. Disclaimer of Warranties
Use of the Services is at your own risk. Content on the Website(s) is for informational purposes only. ALL CONTENT INCLUDING, WITHOUT LIMITATION, MATERIALS, INFORMATION, SOFTWARE, PRODUCTS, APPLICATIONS, SURVEYS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE WEBSITE(S), IS PROVIDED “AS IS” AND “AS AVAILABLE” FOR YOUR USE. THE CONTENT IS PROVIDED WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. REX DIRECT, ITS AFFILIATES, AND ITS LICENSORS DO NOT WARRANT THAT THE CONTENT IS COMPLETE, ACCURATE, RELIABLE OR CORRECT; THAT THE WEBSITE(S) WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE CONTENT IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM CONTENT ON THE SITE OR FROM OTHER MEMBERS WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. IN ADDITION, ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH YOUR USE OF THE SERVICES IS DONE AT YOUR OWN DIRECTION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. BECAUSE SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES, THESE EXCLUSIONS MAY NOT APPLY TO YOU.
You agree to indemnify and hold Rex Direct and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including attorneys’ fees, made by any third party that arise from your use or misuse of the Services, or breach of any warranty, covenant, representation or term contained in these Terms. Rex Direct reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with Rex Direct in asserting any available defenses.
18. International Use
Rex Direct makes no representation that materials on its Websites or that its Services are appropriate or available for use in locations outside the United States, and accessing them from territories where the materials are illegal is prohibited. If you access the Website(s) from locations outside of the United States you do so on your own initiative and you are responsible for compliance with local laws. You agree to comply will all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.
19. Choice of Law and Forum
These Terms shall be governed by and construed in accordance with the laws of the State of New Jersey, excluding its conflicts of law rules. You expressly agree that the exclusive jurisdiction and venue for any claim or action arising out of or relating to these Terms or your use of the Services shall be filed only in the state or federal courts located in the State of New Jersey, and you further agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action. The parties further agree not to disturb such choice of forum, and if not resident in New Jersey, waive the personal service of any and all process upon them, and consent such service of process may be made by certified or registered mail, return receipt requested, addressed to the parties as set forth herein.
20. No Agency
No agency, partnership, join venture, employee-employer or franchisor-franchisee relationship is intended or created under the Terms.
21. Entire Agreement; Severability