You agree to comply with and be bound by the Agreement, in its entirety, when you access: (a) the Site; (b) the Site’s viewable text, graphics and other material (collectively, “Content”); (c) a variety of third-party pay-for-participation surveys ("Surveys").
By using and/or accessing the PanelPayDay Offers, you agree to comply with and be bound by the Agreement in its entirety. PLEASE REVIEW THE TERMS OF THE AGREEMENT CAREFULLY. IF YOU DO NOT AGREE TO THE TERMS OF THE AGREEMENT IN THEIR ENTIRETY, YOU ARE NOT AUTHORIZED TO ACCESS, DOWNLOAD AND/OR USE, AS APPLICABLE, THE PanelPayDay OFFERS IN ANY MANNER OR FORM.
THE AGREEMENT CONTAINS DISCLAIMERS OF WARRANTIES, LIMITATIONS OF LIABILITY, RELEASES, A CLASS-ACTION WAIVER, AND THE REQUIREMENT TO ARBITRATE ANY AND ALL CLAIMS THAT MAY ARISE HEREUNDER. THE AFOREMENTIONED PROVISIONS ARE AN ESSENTIAL BASIS OF THE AGREEMENT.
ALL PARTICIPANTS ARE ENCOURAGED TO REVIEW THEIR RIGHTS under all laws relating to consumer protection, data protection, lead generation, marketing, and privacy, such as the Federal Trade Commission Act (“FTCA”), the CAN-SPAM Act (“CAN-SPAM”), the Restore Online Shoppers’ Confidence Act (“ROSCA”), Telephone Consumer Protection Act (“TCPA”), the Telemarketing Sales Rule (“TSR”), the Fair Credit Reporting Act (“FCRA”), the Federal Trade Commission’s Guides Concerning Use of Endorsements and Testimonials in Advertising (“Endorsement Guides”), the California Consumer Privacy Act of (“CCPA”), the Colorado Privacy Act (“CPA”), the Connecticut Data Privacy Act (“CTDPA”), the Virginia Consumer Data Protection Act (“VCDPA”), and the Utah Consumer Privacy Act (“UCPA”).
1 - SCOPE OF AGREEMENT; MODIFICATION
By using the PanelPayDay Offers, you agree to be bound by, and to comply with, the terms and conditions of the Agreement. If you are dissatisfied with the PanelPayDay Offers for any reason, you agree that your sole and exclusive remedy is to discontinue using the PanelPayDay Offers. The Agreement constitutes the entire and only agreement between you and PanelPayDay with respect to your use of the PanelPayDay Offers and supersedes all prior or contemporaneous agreements, representations, warranties and/or understandings between you and PanelPayDay with respect to the PanelPayDay Offers. We may amend the Agreement from time to time in our sole discretion, without specific notice to you; provided, however, that any amendment or modification to the arbitration provisions, prohibition on class action provisions or any other provisions applicable to dispute resolution (collectively, "Dispute Resolution Provisions") shall not apply to any disputes incurred prior to the applicable amendment or modification. The latest Agreement will be posted on the Site, and you should review the Agreement prior to using any of the PanelPayDay Offers. By your continued use of any of the PanelPayDay Offers, you hereby agree to comply with, and be bound by, all of the terms and conditions contained within the Agreement effective at that time (other than with respect to disputes arising prior to the amendment or modification of the Dispute Resolution Provisions, which shall be governed by the Dispute Resolution Provisions then in effect at the time of the subject dispute). Therefore, you should regularly check the Site for updates and/or changes.
2 - REQUIREMENTS
The PanelPayDay Offers are available only to individuals who: (a) are over eighteen (18) years of age (or the applicable age of majority, if greater than eighteen (18) years of age in their jurisdiction of residence); and (b) can enter into legally binding contracts under applicable law (collectively, “Usage Requirements”). The PanelPayDay Offers are not intended for individuals who do not satisfy the Usage Requirements, including individuals under eighteen (18) years of age (or the applicable age of majority, if greater than eighteen (18) years of age in their jurisdiction of residence) and/or individuals who cannot enter into legally binding contracts under applicable law. If a user does not satisfy the Usage Requirements in their entirety, that user does not have permission to access or use the PanelPayDay Offers or site.
3 - NECESSARY EQUIPMENT
You shall be responsible, at all times, for ensuring that you have an Internet connection, computer/mobile device, up-to-date Internet browser versions, a functioning e-mail account, applicable software, applicable hardware and/or other equipment necessary to access the PanelPayDay Offers. PanelPayDay does not guarantee the quality, speed or availability of the Internet connection associated with your mobile device and/or computer. PanelPayDay does not guarantee that the PanelPayDay Offers can be accessed: (a) on all mobile devices; (b) through all wireless service plans; (c) in connection with all Internet browsers; and/or (d) in all geographical areas. Standard messaging, data and wireless access fees may apply to your use of the PanelPayDay Offers through your wireless device. You are fully responsible for all such charges and PanelPayDay has no liability or responsibility to you, whatsoever, for any such charges billed by your wireless carrier.
4 - HOW THE SITE WORKS
We partner with third parties to provide Survey Offers that allows a subscriber to participate in survey offers straight from our site. In addition, we search the Internet for links to sites that offer the Free Survey Offers and provide the Free Survey Offers to our subscribers. We also display offers for various opportunities including income-earning opportunities (“Earning Opportunities”), to qualified subscribers. Not all subscribers will qualify for each survey or for every opportunity. We may not display a survey offer or an Earning Opportunity to a user if we believe they don’t qualify for the offer or Earning Opportunity.
We may also display ads and other promotions for various goods or services offered by our marketing partners.
To qualify to get access to the Survey Offers, Free Survey Offers, Earning Opportunities and other promotions, you will need to enter a valid e-mail address and other identifying information (name, address, city, state, city, phone, gender and dob) and respond to a series of survey questions. A PanelPayDay membership account will be created and you will receive email from PanelPayDay. On our registration and throughout the emails you may receive we may also ask you to consent to be called and/or texted by certain named marketing partners. You do not need to consent to be called or texted to purchase the advertised item or to gain access to the Survey Offers, Free Survey Offers or to be displayed an Earning Opportunity. You have no obligation to purchase or respond to any of the advertised offers. If you click on a particular link in PanelPayDay or on a advertised offer via email , you will be directed to a website operated by a third party provider of the Free Survey or Earning Opportunity. Follow the instructions on that separate website. The available surveys and Earning Opportunities may change from time to time so please stop back and see what’s available.
You understand and agree that PanelPayDay is not responsible or liable in any manner whatsoever for: (I) your use of, or inability to use and/or qualify for, any Survey and Earning Opportunity; (II) any dispute between you and any Merchant and/or third-party provider of a Survey or Earning Opportunity; (III) any modification, suspension or discontinuation of any Survey and Earning Opportunity; or (IV) any dispute or support issues with our partner for the survey offer.
5 - CONTENT
Subject to the terms and conditions of the Agreement, subscribers that possess the requisite technology shall have the opportunity to view, download and/or interact with all or some of the Content made available by and/or through the Site and/or other PanelPayDay Offers. The Content is compiled, distributed and displayed by PanelPayDay , as well as third-party content providers, such as Merchants and/or advertisers (collectively, “Third-Party Providers”). PanelPayDay does not control the Content provided by Third-Party Providers that is made available by and through the PanelPayDay Offers. Such Third-Party Providers are solely responsible for the accuracy, completeness, appropriateness and/or usefulness of such Content. The Content should not necessarily be relied upon. PanelPayDay does not represent or warrant that the Content and other information posted by and through the PanelPayDay Offers is accurate, complete, up-to-date or appropriate. You understand and agree that PanelPayDay will not be responsible for, and PanelPayDay undertakes no responsibility to monitor or otherwise police, Content provided by Third-Party Providers. You agree that PanelPayDay shall have no obligation and incur no liability to such subscribers in connection with any Content. You may find certain Content to be outdated, harmful, inaccurate and/or deceptive. Please use caution, common sense and safety when using the Content.
6 - INTERACTIONS
Subscribers are solely responsible for their interactions with other Merchants, Third-Party Providers and other third-parties featured through the PanelPayDay Offers. Because PanelPayDay is not involved in interactions with other third-parties, in the event that you have a dispute with one or more Merchants, Third-Party Providers and/or other third-parties, you hereby release PanelPayDay from any and all claims, demands and/or damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of, or in any way connected with, such disputes.
7 - LICENSE GRANT
You are granted a non-exclusive, non-transferable, revocable and limited license to access and use certain portions of the PanelPayDay Offers, and associated Content in accordance with the Agreement. PanelPayDay may terminate this license at any time for any or no reason. You may use the PanelPayDay Offers for your own personal, non-commercial use. Other than as expressly authorized, no part of the PanelPayDay Offers may be reproduced in any form or incorporated into any information retrieval system, electronic or mechanical. You may not use, copy, emulate, clone, rent, lease, sell, modify, decompile, disassemble, reverse engineer or transfer the PanelPayDay Offers or any portion thereof. You may not use any automated means or form of scraping or data extraction to access, query or otherwise collect information from the Site except as expressly permitted by PanelPayDay . PanelPayDay reserves any rights not explicitly granted in the Agreement. You may not use any device, software or routine to interfere or attempt to interfere with the proper working of the PanelPayDay Offers. You may not take any action that imposes an unreasonable or disproportionately large load on PanelPayDay infrastructure. Your right to use the PanelPayDay Offers is not transferable.
8 - PROPRIETARY RIGHTS
The content, organization, graphics, design, compilation, magnetic translation, digital conversion, software, services and other matters related to the PanelPayDay Offers are protected under applicable copyright, trademark and other proprietary (including, but not limited to, intellectual property) rights. The copying, redistribution, publication or sale by you of any part of the PanelPayDay Offers is strictly prohibited. You do not acquire ownership rights in or to the PanelPayDay Offers, or any content, document, software, services or other materials viewed at or through the Site or otherwise by and through the PanelPayDay Offers. The “PanelPayDay ” name and logo, and all associated graphics, icons and service names, are trademarks of PanelPayDay .
All Coupon and Sample trademarks, brand names, custom graphics, icons and service names are the intellectual property of their rightful owners including, without limitation, the applicable Merchants. The use of any PanelPayDay trademark without PanelPayDay 's express written consent is strictly prohibited. The use of any third-party trademark without that party’s express written consent is strictly prohibited. The posting of information or material on the Site or otherwise by and through the PanelPayDay Offers by PanelPayDay does not constitute a waiver of any right in or to such information and/or materials.
9 - EDITING, DELETING AND MODIFICATION
We reserve the right in our sole discretion to edit and/or delete any documents, information or other content appearing on the Site or otherwise by and through the PanelPayDay Offers.
10 - INDEMNIFICATION
You agree to indemnify and hold PanelPayDay, its parents, subsidiaries and affiliates, and each of their respective members, officers, directors, employees, agents, co-branders and/or other partners, harmless from and against any and all claims, expenses (including reasonable attorneys' fees), damages, suits, costs, demands and/or judgments whatsoever, made by any third-party due to or arising out of: (a) your improper and/or unauthorized use of the PanelPayDay Offers; (b) your breach of the Agreement; (c) any dispute between you and any user, Merchant, Third-Party Provider or other third-party; (d) your violation of any rights of another individual and/or entity. The provisions of this Section 13 are for the benefit of PanelPayDay , its parent, subsidiaries and/or affiliates, and each of their respective members, officers, directors, employees, agents, shareholders, licensors, suppliers and/or attorneys. Each of these individuals and entities shall have the right to assert and enforce these provisions directly against you on its own behalf.
11 - DISCLAIMER OF WARRANTIES
THE PANELBUCKS OFFERS, ANY PRODUCTS AND/OR SERVICES THAT YOU MAY RECEIVE FROM ANY MERCHANTS AND/OR THIRD-PARTY PROVIDERS, AND/OR ANY OTHER PRODUCTS AND/OR SERVICES THAT YOU MAY APPLY FOR OR RECEIVE THROUGH THE PANELBUCKS OFFERS (COLLECTIVELY, THE “TOTAL OFFERS”) ARE PROVIDED TO YOU ON AN "AS IS" AND "AS AVAILABLE" BASIS AND ALL WARRANTIES, EXPRESS AND IMPLIED, ARE DISCLAIMED TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW (INCLUDING, BUT NOT LIMITED TO, THE DISCLAIMER OF ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY AND/OR FITNESS FOR A PARTICULAR PURPOSE). IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, PANELBUCKS MAKES NO WARRANTY THAT: (A) THE TOTAL OFFERS WILL MEET YOUR REQUIREMENTS; (B) THE TOTAL OFFERS WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (C) YOU WILL QUALIFY FOR SURVEYS; (D) YOU WILL REALIZE ANY ECONOMIC BENEFIT FROM THE SURVEYS OR OTHER TOTAL OFFERS; OR (F) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE TOTAL OFFERS WILL BE ACCURATE OR RELIABLE. THE TOTAL OFFERS MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. WE WILL NOT BE LIABLE FOR THE AVAILABILITY OF THE UNDERLYING INTERNET CONNECTION ASSOCIATED WITH THE PANELBUCKS OFFERS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM PANELBUCKS, ANY MERCHANTS, THIRD-PARTY PROVIDERS OR OTHERWISE THROUGH OR FROM THE SITE OR OTHER PANELBUCKS OFFERS, SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE AGREEMENT.
12 - LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT PANELBUCKS SHALL NOT BE LIABLE TO YOU OR ANY THIRD-PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL AND/OR EXEMPLARY DAMAGES INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF PANELBUCKS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), TO THE FULLEST EXTENT PERMISSIBLE BY LAW FOR: (A) THE USE OR THE INABILITY TO USE THE TOTAL OFFERS; (B) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND/OR SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION AND/OR SERVICES PURCHASED OR OBTAINED FROM, OR TRANSACTIONS ENTERED INTO THROUGH, THE PANELBUCKS OFFERS; (C) THE FAILURE TO QUALIFY FOR SURVEYS FROM ANY MERCHANT, OR ANY SUBSEQUENT DENIAL OF SERVICES FROM SAME; (D) THE UNAUTHORIZED ACCESS TO, OR ALTERATION OF, YOUR REGISTRATION DATA; (E) WHETHER THE PAY-FOR-PARTICIPATION ARE HONORED BY THE APPLICABLE MERCHANT; (F) WHETHER YOU REALIZE ANY ECONOMIC BENEFIT FROM USE OF THE PANELBUCKS OFFERS; AND (G) ANY OTHER MATTER RELATING TO THE TOTAL OFFERS. THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION, IN THE AGGREGATE INCLUDING, BUT NOT LIMITED TO, BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATIONS AND ANY AND ALL OTHER CAUSES OF ACTION. YOU HEREBY RELEASE PANELBUCKS FROM ANY AND ALL OBLIGATIONS, LIABILITIES AND CLAIMS IN EXCESS OF THE LIMITATION STATED HEREIN. IF APPLICABLE LAW DOES NOT PERMIT SUCH LIMITATION, THE MAXIMUM LIABILITY OF PANELBUCKS TO YOU UNDER ANY AND ALL CIRCUMSTANCES WILL BE ONE HUNDRED DOLLARS ($100.00). THE NEGATION OF DAMAGES SET FORTH ABOVE IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN YOU AND PANELBUCKS. THE ABILITY TO USE THE TOTAL OFFERS WOULD NOT BE PROVIDED TO YOU WITHOUT SUCH LIMITATIONS.
13 - THIRD-PARTY WEBSITES
You may be transferred to Merchant, Third-Party Provider, Social Media Websites and other third-party owned or operated websites through links or frames contained on the Site or otherwise made available by and through the PanelPayDay Offers. You are cautioned to read such websites’ terms and conditions and privacy policies before using such websites in order to be aware of the rules governing your use of such websites and their use of your personal and non-personal information. Because PanelPayDay has no control over such third-party websites and/or resources, you hereby acknowledge and agree that PanelPayDay is not responsible for the availability of such third-party websites and/or resources. Furthermore, PanelPayDay does not endorse, and is not responsible or liable for, any terms and conditions, privacy policies, content, advertising, services, products and/or other materials on or made available from such third-party websites or resources, or for any damages and/or losses arising therefrom. The inclusion of a link or frame to such websites does not imply endorsement of such Merchant, Third-Party Provider, Social Media Website and/or its/their respective website(s) by PanelPayDay and any association with the operator(s) is provided solely for your convenience. You agree that PanelPayDay has no liability whatsoever in connection with such third-party websites and/or your usage thereof.
14 - LEGAL WARNING
Any attempt by any individual, whether or not a PanelPayDay customer, to damage, destroy, tamper with, vandalize and/or otherwise interfere with the operation of any of the PanelPayDay Offers is a violation of criminal and civil law and PanelPayDay will diligently pursue any and all remedies in this regard against any offending individual or entity to the fullest extent permissible by law and/or in equity.
15 - DISPUTE RESOLUTION PROVISIONS
The Agreement shall be treated as though it were executed and performed in the State of California and shall be governed by and construed in accordance with the laws of the State of California (without regard to conflict of law principles). Should a dispute arise concerning the PanelPayDay Offers, the terms and conditions of the Agreement or the breach of same by any party hereto: (a) the parties agree to submit their dispute for resolution by arbitration before a reputable arbitration organization as mutually agreed upon by the parties in Orange, CA, in accordance with the then current commercial arbitration rules of a reputable arbitration organization as mutually agreed upon by the parties; and (b) you agree to first commence a formal dispute proceeding by completing and submitting an Initial Dispute Notice. We may choose to provide you with a final written settlement offer after receiving your Initial Dispute Notice ("Final Settlement Offer"). If we provide you with a Final Settlement Offer and you do not accept it, or we cannot otherwise satisfactorily resolve your dispute, you can submit your dispute for resolution by arbitration before a reputable arbitration organization as mutually agreed upon by the parties, in your county of residence, by filing a separate Demand for Arbitration. For claims of Ten Thousand Dollars ($10,000.00) or less, you can choose whether the arbitration proceeds in person, by telephone or based only on submissions. If the arbitrator awards you relief that is greater than our Final Settlement Offer, then we will pay all filing, administration and arbitrator fees associated with the arbitration and, if you retained an attorney to represent you in connection with the arbitration, we will reimburse any reasonable attorneys' fees that your attorney accrued for investigating, preparing and pursuing the claim in arbitration. Any award rendered shall be final and conclusive to the parties and a judgment thereon may be entered in any court of competent jurisdiction. Nothing contained herein shall be construed to preclude any party from: (I) seeking injunctive relief in order to protect its rights pending an outcome in arbitration; and/or (II) pursuing the matter in small claims court rather than arbitration. Although we may have a right to an award of attorneys' fees and expenses if we prevail in arbitration, we will not seek such an award from you unless the arbitrator determines that your claim was frivolous.
To the extent permitted by law, you agree that you will not bring, join or participate in any class action lawsuit as to any claim, dispute or controversy that you may have against PanelPayDay and/or its employees, officers, directors, members, representatives and/or assigns. You agree to the entry of injunctive relief to stop such a lawsuit or to remove you as a participant in the suit. You agree to pay the attorney's fees and court costs that PanelPayDay incurs in seeking such relief. This provision preventing you from bringing, joining or participating in class action lawsuits: (A) does not constitute a waiver of any of your rights or remedies to pursue a claim individually and not as a class action in binding arbitration as provided above; and (B) is an independent agreement. You may opt-out of these dispute resolution provisions by providing written notice of your decision within thirty (30) days of the date that you first access the Site.
16 - MISCELLANEOUS
Should any part of the Agreement be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect. To the extent that anything in or associated with any PanelPayDay Offers is in conflict or inconsistent with the Agreement, the Agreement shall take precedence. Notwithstanding the foregoing, to the extent that there is any inconsistency between these Terms and Conditions. Our failure to enforce any provision of the Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision. The parties do not intend that any agency or partnership relationship be created through operation of the Agreement. PanelPayDay may assign its rights and obligations under the Agreement, in whole or in part, to any party at any time without any notice to you. The Agreement may not, however, be assigned by you, and you may not delegate your duties under the Agreement. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section.
If you have questions about the PanelPayDay Offers or the Agreement, please e-mail us at: support@PanelPayDay.com; or send us mail to: 360 E. 1st Street, #4226, Tustin, CA 92780.