TERMS AND CONDITIONS


This website (the "Site") is maintained by Prophis Research and Consulting Inc. of Vancouver, BC, Canada ("Prophis"). Panel ("Panel") refers to the MyThoughtsMatter+ online adult consumer panel.

Use. Individuals may use this Site solely pursuant to the Terms and Conditions found here for their personal and non-commercial purposes. Any use other is prohibited. Becoming and being a member of the Panel is always free of charge. Participation in panel activities is always optional. Individuals may unsubscribe from the Panel at any time without charge or obligation.

Privacy Policy. Prophis takes the privacy concerns of everyone seriously. For further information about how we use information collected from you, please review our "Privacy Policy" (see link bettom of this and every page on the Site).

Membership eligibility. The MyThoughtsMatter+ Panel is open to individuals who are 18 years of age and older and a resident of either the US or Canada. Membership is specific to one individual with a unique e-mail address. A person may not appear as a member multiple times (e.g. under multiple identities) within the MyThoughtsMatter+ panel. It is allowed, however, that a person maintain simulataneous memberships in both the regular MyThoughtsMatter panel (www.mythoughtsmatter.com) and MyThoughtsMatter+ panels. We request that those who knowingly do not meet these criteria do not attempt to participate in our services.

Becoming a Panel member. While some Site content is available to anonymous online visitors, other services and content may be restricted to use by members of the Panel. In order to become a member, an individual must provide truthful information when registering with the Panel and may not use any aliases or other means to mask his or her true identity. If an individual provides any materially relevant information during sign-up that is found to be untrue, inaccurate, is not reasonably current nor complete, or Prophis and/or one of its agents has reasonable grounds to suspect such information is untrue, inaccurate, not reasonably current or complete, Prophis and/or its authorized agents have the right to terminate that individuals membership and refuse any and all current or future access to, or use of the Site, and may also, upon its sole discretion, declare any accumulated rewards or prizes in any amount otherwise creditable to the individual to be considered null and void.

Initiating and maintaining Panel membership. In order to access the member's area for the MyThoughtsMatter+ panel, each panelist during registration will be required to set up a user name. A password will be sent to you via email. You are responsible for the security of your password and will be solely liable for any use or unauthorized use under such password.

Frequency of survey invitation and participation by panel members of MyThoughtsMatter+. In their personal information contained in their online profile, panel members may indicate the maximum number of surveys they would like to complete in a month. Panel members may receive invitations to complete surveys frequently up to the self-imposed quotas they indicate or panel members may receive no invitations at all. After completing a given survey, a panel member may experience a gap of some number of days before another survey invitation is offered. While every attempt is made to send each panelist survey invitations frequently up to the desired frequency, due to various factors, a given panel member may not receive as many invitations to participate in surveys as they would like. Note that Prophis and CINT/CPX are under no obligation to offer any specific or minimum number of survey invitations whatsoever.

Duration of points for MyThoughtsMatter+. As long as panel members keep their account in good standing (i.e. profile information is updated, reasonable level of participation of offered survey invitations is acheived, etc.) earned points will be maintained without expiration.

Unauthorized use. An individual may not use any technological devices such as spiders, robots or other automated data mining techniques to catalog, download, store or otherwise reproduce or distribute content available on the Site. Neither is an individual permitted to manipulate the results of any panel, poll, survey or prize draws on this Site or in the context of any activity engaged in as a consequence of panel membership. You may not take any action to interfere with the Site or any other user's use of the Site, including, without limitation, via means of overloading, "flooding", "mail bombing" or "crashing" the Site. You may not send unsolicited email, including promotions and/or advertising of products or services. You may not frame portions of the Site within another website or alter the appearance of the Site. Prophis will fully cooperate with any law enforcement authorities or court order, within the limits of any applicable law, requesting or directing Prophis to disclose the identity of anyone posting any such information or materials.

Updating ones profile. Members of the MyThoughtsMatter+ planel agree to promptly update any changes in personal and other information including but not limited to name, mailing address, phone number, e-mail address, and demographic information in the profile section after signing in with their member log-in information.

Inactivity and termination of account by Prophis. If a member does not participate in any survey during a selected extended time period, Prophis may elect, in its sole discretion, to terminate his or her membership without notice. Other grounds for termination without notice include but are not limited to inadequate or untruthful survey responses and the panel member having undeliverable e-mail address or mailboxes that are full after multiple attempts to contact the member. In addition, Prophis may, in its sole discretion, consider any other fact or condition as sufficient grounds for membership termination. After membership is terminated, the terminated individual will stop being sent invitations to participate in surveys as a panel member. Prophis may or may not at its discretion communicate notice of termination to the panel member. If, through not receiving survey invitations or through some other means, a panel member suspects that their membership has been terminated in one or both of the Panels, they may contact Prophis using the contact information available in the "Contact Us" tab of this Site. In general, in cases where terminations are due to inactivity, outstanding rewards (i.e. if beyond redemption threshold levels) may be claimed for 90 days following the date of termination. After that period, the individuals ability to claim an award will expire. As a condition of membership, you hereby waive and release any and all claims against Prophis and its affiliates arising from or related to such membership termination or rewards expiration.

Communication between Panelists and Prophis.. By becoming a Panel member, an individual agrees to receive emails made on our behalf inviting the person to participate in surveys that are reasonably likely to match the experiences and background indicated during panel sign-up. Participation in all surveys is always voluntary. From time to time, e-mail newsletters regarding relevant Panel or company news may be sent for your information as well. E-mail links are provided on the site so that you may contact us directly with any questions or concerns you may have. Each e-mail we receive is read and responded to individually; please allow a maximum of 2-3 working days for us to get back to you.

Membership Cancelation. If one so chooses, one can cancel their membership to the Panel at any time without charge or obligation. A member may simply sign in and click the "unregister" link to unsubscribe. Note that all accumulated points can not be transferred or cashed out and will be permanently deleted.

Intellectual Property. All pages and content within this Site and related surveys, including but not limited to, text, graphics, audio, video, photographs, surveys, logos or other materials are the intellectual property of, or are authorized for use by, Prophis and its licensors, business partners and affiliates, including all trademarks, service marks, copyrights, patents and trade secrets contained therein. You may not modify, copy, reproduce, create derivative works, republish, display, upload, post, transmit or distribute in any way content available on this site without the prior written consent of Prophis.

Disclaimer. The Site, including all content or services made available on or accessed through the Site, is provided "as is." To the fullest extent permissible by law, Prophis makes no representations or warranties of any kind whatsoever for the content on the Site. Further, Prophis disclaims any expressed or implied warranties, including, without limitations, non-infringement, title merchantability or fitness for a particular purpose. Prophis does not warrant that the functions contained in the Site or any materials or content contained therein will be uninterrupted or error free, that defects will be corrected, or that the Site or the server that makes it will be corrected, or that the Site or the server that makes it available is free of viruses or other harmful components. In no event will Prophis be liable under any theory of tort, contract, strict liability or other legal or equitable theory for any lost profits, lost data, lost opportunities, costs of cover, exemplary, punitive, personal injury/wrongful death, special incidental, indirect or other consequential damages, each of which is hereby excluded by agreement of the parties regardless of whether or not either party has been advised of the possibility of such damages.

Changes. All information posted on the Site is subject to change without notice. This includes all aspects regarding the Panel, including, but not limited to details about the points redemption threshold and cash values as well as payment terms. In addition, these Terms and Conditions may be changed at any time without prior notice. We will make such changes by posting them on the Site and those who are affected by its terms are required to check website contents regularly to monitor changes.

Indemnification. You agree to indemnify, defend and hold non-culpable Prophis, its employees, directors, officers, agents and representatives from and against any and all third party claims, demands, liabilities, costs or expenses, including reasonable attorney's fees and expenses, arising from, or related to, any breach by you of any of these Terms and Conditions or applicable law.

Limitation of Liability. Prophis shall in no event be liable for the loss of profits, goodwill or other special or consequential damages suffered by the members of the Site, clients, or others as a result of Prophis's performance or non-performance under this agreement whether or not the possibility of such damages was disclosed to Prophis or could have been reasonably foreseen by Prophis. Prophis is neither responsible nor liable for, and respondent hereby waives any claim, action or remedy for, any damages, whether direct, indirect, incidental, special or consequential, or losses that result from participation in the surveys offered to Panel members, or reliance on or use of information, services, or merchandise provided on or through the Site except where such liability is mandated by law. All users of the Site further acknowledge that Prophis neither endorses the contents of advertisements or partner websites, nor assumes responsibility or liability for the accuracy of material contained therein, or any infringement of third party intellectual property rights arising there from, or any fraud or other crime facilitated thereby.

General Compliance with Laws. All inviduals shall comply with all applicable laws, statutes, ordinances and regulations regarding your use of the Site.

Notices. Except as explicitly stated otherwise, any notices required hereunder shall be given by email to the appropriate email address under the Support tab (in the case of Prophis) or to the email address provided by the individual to Prophis on their personal information profile (in the individuals case), or such other address as the party shall specify. Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, Prophis may give an individual notice by certified mail if mailing address is known, postage prepaid and return receipt requested, to the address provided to Prophis during the registration process. In such case, notice shall be deemed given 3 days after the date of mailing.

Arbitration. Any controversy or claim arising out of or relating to this Agreement shall be settled by binding arbitration in accordance with commonly accepted principles of commercial arbitration. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in Vancouver, British Columbia, Canada and judgment on the arbitration award may be entered into any court having jurisdiction thereof. Either the individual or Prophis may seek any interim or preliminary relief from a court of competent jurisdiction in Vancouver, BC necessary to protect the rights or property of the individual or Prophis pending the completion of arbitration.

Severability. If any part of these Terms and Conditions shall be held or declared to be invalid or unenforceable for any reason by any court of competent jurisdiction, such provision shall be ineffective but shall not affect any other part of these Terms and Conditions.

General. These Terms and Conditions shall be governed in all respects by the laws of the Province of British Columbia without giving effect to that state's provisions regarding conflicts of laws. If any provision of these Terms and Conditions is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. This document sets forth the entire understanding and agreement between us with respect to the subject matter hereof.

Questions. If one has questions regarding these Terms and Conditions please contact us by postal mail to: MyThoughtsMatter+, c/o Prophis Research, 318 Homer Street, Suite 706, Vancouver, BC, V6B 2V2, Canada or by e-mail