Terms & Conditions – OWL SIGHT

Terms & Conditions / Terms of Use

Last update: January 12, 2023

Applicability

OWL SIGHT (this “Panel”) is a market research panel owned and operated by Owl Insights Group LLC.

As a member of the Panel, you will have the opportunity to participate in market research activities.

Parts of these Terms and/or our Privacy Policy may be changed, modified, added to, or removed at any time by OWL SIGHT at its sole discretion. It is your responsibility to review these Terms and our Privacy Policy for updates regularly. The date at the top of these Terms indicates when they were last updated.

For more information on how we use your data, please see our Privacy Policy.

These Terms constitute a legally binding agreement between you and OWL SIGHT. By signing up, accessing, using, and/or participating in our services, you expressly agree to comply with and be bound by these terms.

This agreement also includes a class action waiver. Do not use the service if you do not agree to these terms and the class action waiver.

Eligibility

Membership in our panel is open to individuals only (not corporations or other business entities) that are at least eighteen (18) years of age or such other age as required by your geographic location.

Our panel is for personal, non-commercial use only. You are permitted to have only one account.

OWL SIGHT may refuse to provide the services to anyone, at any time and for any reason or no reason.

Panel Registration

In order to register as a Panel member and have any Coins credited to your account, you must complete the online registration form and must provide OWL SIGHT with complete and valid contact information. Your account must have a unique and valid e-mail address and password.

You agree to provide only accurate, current, and complete registration information and keep it updated to maintain accuracy. OWL SIGHT may terminate or suspend your membership, and you may forfeit your Coins if you fail to provide or keep your personal information accurate and complete.

You acknowledge that you are accessing, using, and/or participating in the Services in the capacity of an independent contractor, and no agency, partnership, joint venture, employee-employer, or franchisor-franchisee relationship is intended or created by this agreement.

Rewards

Coins Definition

OWL SIGHT offers incentives in the form of credits called “Coins,” which are credited to your account. Coins are redeemable for cash or rewards as specified and subject to the terms below.

Earning Coins

Your ability to earn Coins is not time-based. We will only award you Coins, which will be deposited into your account in return for your participation in activities authorized by OWL SIGHT, which include, but are not limited to, registration as a member, completion of demographic profiles, and completion of qualitative or quantitative marketing research surveys, and only in accordance with the specific incentive offer disclosed for each activity.

Please note that you might not qualify for all surveys, in which case, the survey will close, and you will not receive Coins.

You may earn Coins as follows:

Welcome Bonus: After registration, you may be eligible to select from a Welcome Bonus. Coins awarded as a Welcome Bonus are credited voluntarily by OWL SIGHT and are only credited once.
Survey Completion: You earn Coins for each survey you qualify for and complete. Coins awarded vary by survey.
Survey Attempt: Occasionally, you may earn Coins for each survey you qualify for and do not complete. Coins awarded for such survey attempts are credited voluntarily by Owl Sight on a case-by-case basis.
Refer a friend: You earn Coins for each member you refer to Owl Sight using your referral link available to you after registration. Referred members might require a minimum activity for you to be eligible for the Coins.

OWL SIGHT records the Coins credited to and debited from your account. Although OWL SIGHT makes every effort to ensure that accounts are credited correctly, it is your responsibility to verify that your Coins have been appropriately credited. If you feel the incentive amounts credited to your account are incorrect, you must contact the OWL SIGHT member support within thirty (30) days following our alleged error and explain in full the basis of your dispute, attaching any relevant information which offers 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 number of Coins 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 endeavor to make a decision as soon as reasonably practicable. Any decision by us about such a claim will be final.

Redeeming Coins

You can spend your Coins at any time by logging in to the panel, going to the “Surveys” tab, and clicking “Select Reward” or “Claim reward”. Coins awarded are not time-based, but are only awarded for the activities mentioned above.

Coins automatically convert to cash values whenever you request a payment. 100 Coins is equivalent to $ 1.00 or the equivalent in the respective currency of your country. Alternatively, Coins can be converted into gift cards.

If you request a gift card, OWL SIGHT will make the gift card code available electronically. Electronic gift cards will be sent to the email address within your member profile in your account. You must ensure that we have your correct email address to avoid any delivery delays.

Any request to resend a missing gift card must be made within three months from the initial delivery date. OWL SIGHT will not process any orders after this 3-month time limit expires.

Cash payments via PayPal, Venmo, or Bank transfer (ACH) will be credited directly to your PayPal, Venmo, or bank account. It is your sole responsibility to keep your account information current.

Although OWL SIGHT usually processes reward claims within 10 minutes, in some cases, it may take up to two weeks to fulfill your request.

All rewards are subject to change as necessary to comply with applicable laws or regulations, and we reserve the right to voice vouchers where such laws or regulations dictate that we must do so.

A minimum number of Coins may be required for redemption.

Tax Liability

You hereby expressly acknowledge and agree that the coins or rewards earned on the OWL SIGHT panel may be subject to tax. It is the member’s sole responsibility to comply with applicable tax requirements.

Expiration of Coins

When Coins are credited to your account, they will remain valid for one year (12 months) from the date they are earned. If the Coins have not been used after this period, they will automatically expire and be deleted from your account.

In addition, all of your Coins will immediately expire and be forfeited if you delete your account.

OWL SIGHT will not provide you with any notice of the cancellation and forfeiture of any of your Coins. OWL SIGHT reserves the right to amend these cancellation and forfeiture rules in its sole discretion.

Misconduct, Fraud, and Correcting Account Errors

OWL SIGHTs retains the right to monitor all member activity within OWL SIGHT Coins. If you have violated our Terms and Conditions, or if your account shows signs of fraud, abuse, or suspicious activity, your member account may be terminated, and you may forfeit all accumulated Coins. If you have conducted any fraudulent activity, then subject to applicable local law, OWL SIGHT reserves the right to take any necessary legal action. It may have grounds to confiscate any rewards redeemed due to such activity. In addition, if allowed by law, you may be liable for monetary losses to OWL SIGHT, including litigation costs and damages, and you will not be allowed to participate in the panel in the future.

If your account does not accurately reflect your Coins balance, OWL SIGHT reserves the right to correct such errors. If you have been awarded Coins in error or believe that your member account has been the subject of suspicious activity, please contact OWL SIGHT immediately.

Transferability Coins have no cash value and may not be assigned, transferred, and/or pledged to any third party. You have no property rights or other legal interests in any Coins granted under the OWL SIGHT Coins Program.

Prohibited Activities

You agree not to:

use any robot, spider, scraper, or other automated means or interface not provided by us to access the panel or extract data
take any survey other than in good faith, such as providing false answers or answering each question the same way. OWL SIGHT reserves the right to withhold awarding Coins to you if your Survey responses are untruthful or not well considered
use your Owl Sight account outside of the country you reside in. The surveys we offer are related to the country you reside in, asking questions that are relevant to you. Accessing your account and taking surveys out of your country of residence can be seen as fraudulent and may result in the termination of your membership
open, use, or maintain more than one membership account with our panel
use a VPN, proxy, or any other type of obfuscated connection
access or use any part of the panel in any way that may violate any applicable provincial, federal, or international law, regulation, or another governmental requirement
collect or store any personal information about other members
impersonate any individual or entity, including Owl Insights employees, agents or clients, or other panel members, or otherwise misrepresent your affiliation with any person or entity
resell, trade, or otherwise attempt to generate income by providing access to your OWL SIGHT Coins to others
redeem or attempt to redeem rewards, prizes, and/or incentives through false or fraudulent means and/or tampering with surveys
contact our clients or the sponsor of any survey
publish and/or repost any OWL SIGHT content or any communication you engage in with OWL SIGHT
publish and/or repost any content of surveys you participate in, including the URL of the survey, the question or answers within the survey, or the name of the client

Engaging in prohibited activities may result in the termination of your panel membership account and forfeiture of any Coins.

Restricted Content

In connection with your use of, access to, and/or participation in our services, you may have the opportunity to review or access confidential and proprietary information, materials, products, and content belonging to OWL SIGHT and/or the clients and/or partners of OWL SIGHT surveys and services. Such Content is and shall remain the sole and exclusive property of the owner of this content. You shall not obtain or receive any right, title, and/or interest in or to this content. You agree to protect the confidentiality and secrecy of any 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 Restricted Content without the prior express written consent of OWL SIGHT. You acknowledge and agree that content may be subject to and protected by intellectual property laws, regulations, and codes. You further 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 OWL SIGHT, OWL SIGHT reserves the right to terminate, prohibit or restrict your use of, access to, and/or participation in the services.

Email Communication

OWL SIGHT regularly contacts its member via email to inform them of important activities on their account. In addition, OWL SIGHT may send you promotional emails about new features, promotions, or available surveys.

You may opt-out to receive promotional emails by clicking the “Unsubscribe” link in emails we sent you or by going to “Settings” on the panel and turning off promotional emails. OWL SIGHT might still send your emails regarding important account activities, including, but not limited to, suspicious logins, Coin redemptions, or password changes. To entirely opt out from receiving any emails, you can cancel your account by following the procedure described under “Cancelling your account.”

Canceling your account

You may cancel your account at any time by going to “Settings” on the panel and selecting “Delete Account”, then completing the process by entering your password and clicking “Delete”. Immediately upon deletion, your account will be closed. You understand and agree that upon closing your account, your right to access the OWL SIGHT panel will cease, and all Coins credited to your account at such time, however, and whenever accumulated, will be forfeited.

Suspension, Termination, and De-Activation of Panel Membership Accounts At its sole discretion, OWL SIGHT may suspend and/or terminate your use of, access to, and participation in the panel and our services. If OWL SIGHT terminates your membership, your account will immediately be canceled and your access to, participation in, and use of the services will immediately cease, and you will not be allowed to participate in surveys offered through our panel. OWL SIGHT may delete all data associated with your account upon termination. If OWL SIGHT terminates your membership for violation of these terms you forfeit all rights, title, and interest in all unredeemed rewards, incentives, and prizes, effective upon termination.

In addition, OWL SIGHT reserves the right to de-activate your Panel membership account if you do not participate in a survey at least once every twelve (12) months or if OWL SIGHT receives a bounceback or delivery failure notice in regards to email communications sent to your email.

Disclaimer

You expressly agree that your use of the website and services are at your own risk. Neither OWL SIGHT nor any other party involved in creating, producing, or delivering the website makes any representations or warranties beyond those on the face of the website and the services, including but not limited to representations about the suitability of the content for any purpose, or that your use of the website and services will be uninterrupted or error-free; that the website or services will meet your requirements or the results that may be obtained from the use of the website or services.

Limitations of Liability

Except to the extent prohibited by applicable laws, you acknowledge and agree that in no event will OWL SIGHT be liable or otherwise responsible to you for any indirect, incidental, special, consequential and/or punitive damages, for any reason(s) or any cause(s).

In no event shall the liability of OWL SIGHT, 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 generally relates to your use of the Coins program, to the fair market retail value of the rewards which your unused, unexpired, non-canceled Coins are convertible into.

Indemnification

To the fullest extent allowed by law, you agree to indemnify and hold OWL SIGHT 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 the panel and any content you place on this panel, including claims made by third parties. You agree that OWL SIGHT has the unlimited right to defend any claim and to settle any claim without your prior permission. You agree to provide OWL SIGHT with all reasonable assistance in defense of any claim.

Notices

Notices to You: We may give you all notices we are required to give by posting such notices on the panel. You also agree that we may give notice by email at our discretion, including notice of subpoenas or another legal process (if any). We may provide notice to any email or other address you provide during registration. You agree to keep your email address current and to check for notices posted on the Site.

Notices to Us: Except as otherwise required by applicable laws, all notices to OWL SIGHT should be sent via email or registered mail to one of the contact options available on our website.

Arbitration

Any claim or dispute relating in any way to your use of the website, services available on the website, or these terms of use shall be submitted to confidential arbitration, except that either party may seek interim relief from any state or federal court in the party’s state of residence to protect the party’s intellectual property rights. Arbitration would remove your right to litigate a claim in court or to have a jury trial on that claim. Other rights that you would have in court may not be available in arbitration. It is important that you read this provision carefully before accepting these terms of use.

If a dispute is arbitrated, you give up your right to participate as a class representative or class member on any class claim against OWL SIGHT, including any right to class arbitration or any consolidation of individual arbitrations. Discovery and rights to appeal in arbitration are generally more limited than in a lawsuit, and other rights available in court may not be available in arbitration.

All disputes between you and OWL SIGHT, including disputes related to this agreement, your use of the website, and/or rights of privacy and/or publicity, will be resolved by binding, individual arbitration under the American arbitration association’s rules for arbitration of consumer-related disputes and you and OWL SIGHT hereby expressly waive trial by jury. You may bring claims only on your own behalf. Neither you nor OWL SIGHT will participate in a class action or class-wide arbitration for any claims covered by this agreement. You also agree not to participate in claims brought in a private attorney general or representative capacity, or consolidated claims involving another person’s account. This dispute resolution provision will be governed by the federal arbitration act. Judgment on the award rendered by the arbitrator may be entered in any court having competent jurisdiction.

In any arbitration, OWL SIGHT will pay the filing, administration, service or case management fee, plus the costs associated with the first day of arbitration, with the remaining costs to be paid by the non-prevailing party. Unless inconsistent with applicable law, each party shall bear the expense of their respective attorneys’, experts’ and witness fees, regardless of which party prevails in the arbitration.

Arbitration shall take place in Delaware, but may proceed telephonically if the complainant so chooses.

Class Action Waiver

This Agreement shall be governed and enforced by applicable laws of the State of Delaware (without regard to conflict of law provisions there of).

Any claim or dispute relating in any way to your use of the Website, Services, this Agreement, or your relationship with OWL SIGHT (including communications received from OWL SIGHT directly or through a third party) shall be adjudicated in the state or federal courts in Los Angeles, California, and you consent to exclusive jurisdiction and venue in these courts. To the fullest extent permitted by applicable law, no lawsuit under this agreement may be joined to a lawsuit involving any other party subject to this agreement, whether through a classaction, private attorney general proceeding, class arbitration proceedings, or otherwise. You understand that you would have had a right to be party to a class or representative action. However, you understand and agree to have any claims decided individually. You shall have thirty (30) days from the earliest of the datethat you visit the website, make a purchase through the Services, or submit information through the Website to opt out of this arbitration agreement, by contacting us by email at: privacy@owlsight360.com

or by mail to:
Owl Insights Group LLC
12 The Green Ste R
Dover, DE 19902
United States

If you do not opt out within thirty (30) days from the earliest of the date that you visit the website, register as a member, use the services, or submit information to us through the Website, then you are not eligible to opt out of this arbitration agreement.

Severability

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.

Jurisdiction

These Terms and your access to, use of or participation in the Applications/Services shall be governed by and construed in accordance with the laws of the state of Delaware, USA, without regard to any portion of any choice of law principles (whether those of Delaware or any other jurisdiction) that might provide for application of a different jurisdiction’s laws. All claims or disputes arising in connection with these terms and/or your access to, use of or participation in the panel/services shall be subject to the exclusive jurisdiction of the state or Federal courts located in Delaware, USA.

Miscellaneous 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. OWL SIGHT’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 OWL SIGHT from enforcing any subsequent breach by you of these terms. These terms and any rules, terms or policies referenced herein or incorporated herein, and any Panel-specific requirements, represent the entire understanding and agreement between OWL SIGHT and you with respect to the subject matter hereof