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Terms and Conditions

Last Updated: February 18th, 2024

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

  • PointPeak is only for your personal, noncommercial use.
  • By participating as a panelist, you agree to deal fairly and professionally with us and with other PointPeak 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 10,000-point ($10 equivalent) increments.
  • The PointPeak system only works properly if our members answer surveys thoughtfully and truthfully, and do not try to undermine the survey process 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 PointPeak website (the “Site”), owned (referred to herein as “PointPeak”). 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 PointPeak 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 PointPeak (also included as part of the “Site”); (5) participation in any survey or study offered, provided, hosted, or administered by or through PointPeak; and (6) participation in our “PointsPlus” gamification module (“PointsPlus”) (collectively, and inclusive of items 1 through 6, the “Service(s)”).

If you do not agree to these Terms, you should not access the Services. PointPeak 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.

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:

  • Posting, communicating, or transmitting any material which infringes on any intellectual property, publicity, or privacy right of another person or entity;
  • Posting any information which is untrue, inaccurate, or not your own;
  • Engaging in conduct which may constitute a criminal offense, give rise to civil liability, or otherwise violate any law or regulation;
  • Attempting to interfere in any way with the Site’s or PointPeak network security, or attempting to use the Services to gain unauthorized access to any other computer system;
  • 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;
  • Manipulating the results of any survey;
  • Collecting any personal information of any other user of the Services;
  • Opening, using, or maintaining more than one membership;
  • Forging or masking your true identity, using proxy servers, or engaging in any other activity that, in PointPeak sole and absolute discretion, suggests an effort to abuse the Services;
  • Using obscene or abusive language when communicating with PointPeak support staff;
  • 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
  • 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 PointPeak 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.

Please note that no one who is located in Cuba, Syria, Iran, North Korea, Belarus, or Russia will be admitted as a Member or is otherwise allowed to use the Services.

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 10,000 or 20,000. For example, if you have 27,000 banked points, you can redeem 20,000 points, leaving 7,000 points in your account. Likewise, if you have 55,000 banked points, you can redeem 40,000 points, leaving 15,000 points in your account.

Points can be redeemed via PayPal or UPI (Unified Payments Interface) deposits. Funds are typically deposited in your PayPal or UPI account within ten (10) business days of the request.

Please note that the minimum redemption threshold for PayPal or UPI deposits is 10,000 points, and redemptions must be made in increments of either 10,000 or 20,000 points.

In any instance where you receive a deposit via PayPal or UPI, we may deduct an administration fee from the value of your deposit to cover processing costs.

For more information, visit PointPeak Frequently Asked Questions 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 PointPeak account and meaningfully interact with the Site by navigating and clicking for twelve (12) months or longer, your account will be cancelled or otherwise rendered inactive and all banked points will be forfeited.

5. Disclaimer of Warranties

THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” POINTPEAK DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, NOT EXPRESSLY SET OUT IN THESE TERMS, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. IN ADDITION, POINTPEAK MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE REGARDING THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, OR AVAILABILITY OF THE SERVICES OR ANY SERVICES OR GOODS REQUESTED THROUGH THE USE OF THE SERVICES, OR THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. POINTPEAK DOES NOT GUARANTEE THE QUALITY, SUITABILITY, SAFETY, OR ABILITY OF THIRD PARTY PROVIDERS. YOU AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE SERVICES, AND ANY SERVICE OR GOOD REQUESTED IN CONNECTION THEREWITH, REMAINS SOLELY WITH YOU, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW.

6. Limitation of Liability

POINTPEAK SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOST DATA, PERSONAL INJURY, OR PROPERTY DAMAGE RELATED TO, IN CONNECTION WITH, OR OTHERWISE RESULTING FROM ANY USE OF THE SERVICES, REGARDLESS OF THE NEGLIGENCE (EITHER ACTIVE, AFFIRMATIVE, SOLE, OR CONCURRENT) OF POINTPEAK, EVEN IF POINTPEAK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

7. Indemnity

You agree to indemnify and hold PointPeak and its affiliates and their officers, directors, employees, and agents harmless from any and all claims, demands, losses, liabilities, and expenses (including attorneys’ fees) arising out of or in connection with: (1) your use of the Services; (2) your breach or violation of any of these Terms; (3) PointPeak’s use of your user content; or (4) your violation of the rights of any third party, including Third Party Providers.

8. Governing Law; Dispute Resolution

These Terms are governed by and construed in accordance with the laws of the State of New York, without giving effect to any conflict of law principles, except as may be otherwise provided in supplemental terms applicable to your region. You agree any action at law or in equity arising out of or relating to these Terms shall be filed only in the state or federal courts located in New York County, New York and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action.

9. Severability

If any provision of these Terms is held to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.

10. Miscellaneous

These Terms, including the Privacy Policy and any other agreements expressly incorporated by reference into these Terms, are the entire and exclusive understanding and agreement between you and PointPeak regarding your use of the Services. You may not assign or transfer these Terms or your rights under these Terms, in whole or in part, by operation of law or otherwise, without our prior written consent. We may assign these Terms at any time without notice or consent. The failure to require performance of any provision will not affect our right to require performance at any other time after that, nor will a waiver by us of any breach or default of these Terms, or any provision of these Terms, be a waiver of any subsequent breach or default or a waiver of the provision itself. Use of section headers in these Terms is for convenience only and will not have any impact on the interpretation of any provision. Throughout these Terms, the use of the word “including” means “including but not limited to.” If any part of these Terms is held invalid or unenforceable, that part is interpreted consistent with applicable laws as nearly as possible, including in a manner most closely reflecting the intentions of the parties, and the rest of these Terms will remain in full force and effect. The provisions of these Terms that are intended to survive the termination of these Terms by their nature will survive the termination of these Terms.

Contact Information: If you have any questions about these Terms or the Services, please contact us at pointpeakreward@gmail.com.