Last Updated: June 2022
IF YOU DO NOT AGREE TO THIS POLICY OR ANY OF THE TERMS OF THESE TERMS, YOU MAY NOT JOIN OUR PANEL, PARTICIPATE IN ANY OF THE SURVEYS, OR OTHERWISE ACCESS OR USE THE SERVICES. BY ACCESSING OR USING THE SERVICES YOU ARE AGREEING TO BE LEGALLY BOUND BY AND TO COMPLY WITH THESE TERMS.
SEP is committed to respecting individual and client privacy, and to safeguarding confidential and personal information. When you decide to share your information with us, we feel that it is important to assure you that your information will be safely protected. This Policy discloses our information collecting, handling and disclosure practices.
COLLECTION OF PERSONAL INFORMATION
We collect personal information from you when you communicate with us. The personal information collected may include your name, company, title, phone number and email address or other information that you give. We collect your personal information on a voluntary basis. Personal information may also be collected from you when you participate in a survey or in other research activity or services provided. All survey questions in particular are voluntary.
When you visit our Sites, we may also automatically collect certain information, including but not limited to your browser type, device type, IP address and geolocation information. If you interact with social media platforms like Facebook or LinkedIn via the Site, we will have access to any information which you have allowed those platforms to share with third parties. If you have not done so, we encourage you to review the privacy policies of those platforms.
INFORMATION AUTOMATICALLY COLLECTED
for security and authentication purposes,
to collect certain information when you visit and use our websites or mobile applications,
to deliver online advertisements that we think would be more relevant to your interests,
to monitor interactions with our emails, online advertisements, and text and push messages, and
to allow us to keep track of analytics and certain statistical information that enable us to improve our websites, mobile applications, products, and services.
For example, we may automatically collect certain non-personal information from you, including, but not limited to, your browser type and version, device type, operating system and version, Internet Protocol (“IP”) address, unique device identifier of your computer(s) or device(s) that are used to access our websites or mobile applications, software version, and the domain name from which you accessed our websites or mobile applications.
We may also collect information about your browsing and use behavior, such as the date and time you visit our websites or use our mobile applications, the areas or pages of the websites or mobile applications that you visit, the amount of time you spend viewing or using the websites or mobile applications, the number of times you return to the websites or mobile applications, other click-stream or website or mobile application usage data, emails that you open, forward, or click-through to our websites, other websites that you may visit, and your activity on our websites and mobile applications.
The ways in which we collect location information, and the type of location information we collect, depend on the devices you use to access our websites or mobile applications and the settings for those devices. You may also manually enter a location (such as address, city, and postal code) to use the location-based services of our websites and mobile applications. You can stop sharing location information with us at any time through your device or web browser settings or by deleting the mobile application from your device. If you stop sharing your location, certain features of our websites and mobile applications may not function properly or at all. If you have specific questions about the privacy settings of your device or web browser, we suggest you contact the manufacturer of your device, your mobile service provider, or web browser provider for help.
TRACKING, CALIFORNIA DO NOT TRACK DISCLOSURES, and AD CHOICES
Certain parts of our websites require cookies. You are free to set your browser or operating system settings to limit certain tracking or to decline cookies, but by doing so, you may not be able to use certain features of our websites or take full advantage of all our offerings. Please refer to your browser or operating system’s website or “Help” section for more information on how to delete cookies and/or disable your browser or operating system from receiving cookies or controlling your tracking preferences.
You can learn about Google’s practices at www.google.com/policies/privacy/partners/ and exercise the opt-out option provided by Google by downloading the Google Analytics opt-out browser add-on, available at https://tools.google.com/dlpage/gaoptout. We and our network advertisers may periodically show you online ads for products and services you might be interested in based on your visits to both our websites and other websites (a process known as “behavioral advertising”). In order to do this, we need to place a cookie or other tracking device on your device. If you prefer to not receive online ads in this manner, you can opt out of some network advertising programs that use your information by tracking your browsing habits via cookies or other tracking devices.
COMBINATION OF INFORMATION
We may combine the information we receive from and about you, including information you provide to us and information we automatically collect through our websites or mobile applications, as well as information collected from other online sources or from third-party sources to help us tailor our communications to you and to improve our websites, mobile applications, products, and services.
LINKS TO OTHER WEBSITES
Our websites and mobile applications may have links to third-party websites and applications, which may have privacy policies that differ from our own. The inclusion of such links on our websites and mobile applications does not imply endorsement of the linked websites or applications by us, and we are not responsible for the practices of such websites or applications.
In addition, we are not responsible for the information collection, use, disclosure, or security policies or practices of other organizations, such as Facebook, Apple, Google, Microsoft, RIM, or any other app developer, app provider, social media platform provider, operating system provider, wireless service provider, or device manufacturer, including with respect to any personal information you disclose to other organizations through or in connection with our mobile applications or any social media pages.
SEP may provide you with the ability to voluntarily link or connect to WebPlatforms maintained and/or operated by third parties (“Third Party WebPlatforms”). SEP neither endorses the Third Party WebPlatforms nor the products, services, and/or opportunities advertised, offered and/or sold by, through or in connection with the Third Party WebPlatforms. SEP is not responsible for the policies and/or practices of the Third Party WebPlatforms or the information collected by the Third Party WebPlatforms or any Third Parties. Please review all policies and terms and conditions applicable to the Third Party WebPlatforms.
USE AND DISCLOSURE OF PERSONAL INFORMATION
We do not sell trade or otherwise transfer your personal information to outside partners. We may disclose your contact information to a specific third party if you indicate your interest in receiving information from that third party.
Without limitation, SEP may use your information: (i) to communicate with you regarding your membership or SEP services; (ii) to tailor and advertise survey opportunities to you; (iii) to send you notifications of survey opportunities; (iv) to comply with legal obligations; (v) to administer and manage reward and incentive programs; (vi) to update SEP’s records; (vii) to comply with any data suppression obligations or requirements; (viii) for fraud detection and/or prevention purposes; (ix) to validate the profile information you provided to us; (x) to showcase survey results and community efforts within and outside SEP via social media; (xi) for search engine optimization purposes; and (xii) as otherwise reasonably necessary for SEP to run its business or as otherwise authorized by you.
In order to assist us in the delivery of our service offerings we may also share your personal information with third party suppliers such as those that provide and manage incentives in connection with the completion of surveys, data hosting and storage services, third party technology providers, data matching providers to facilitate analytic and related objectives, and other consultants who we retain from time to time.
We also reserve the right to disclose your personally identifiable information as required by law or when we believe that disclosure is necessary to protect our rights and/or comply with a judicial proceeding, court order, national security requirement or legal process.
INFORMATION RETENTION AND ACCURACY
We make efforts to ensure that personal information we receive, process, or maintain is accurate, complete, and reliable. However, we rely on the accuracy of the information you provide to us. In general, we keep personal information only as long as we need it, but we reserve the right to retain personal information for any period required by law or to comply with our legal obligations, resolve disputes, and enforce our agreements.
HOW WE PROTECT YOUR PERSONAL INFORMATION
SEP takes reasonable steps to protect your personal information from unauthorized access, use, disclosure or loss. Unfortunately, no data transmission over the Internet can be guaranteed to be 100% secure. As a result, while we strive to protect your personal information, SEP cannot ensure or warrant the security of any information you transmit to us or from our online products or services, and you do so at your own risk. Once we receive your transmission, we make our best effort to ensure its security on our systems.
A cookie is a small amount of data that is sent to your browser from a web server and stored on your computer’s hard drive. We utilize a number of different types of cookies, which may include but are not limited to: (1) business cookies which operate as a quality control and verification mechanism in connection with the survey process; (2) performance cookies so that traffic patterns and uses on the Site may be measured and optimized; (3) user cookies so that user information may be recorded so as to enhance performance and user experience on the Site; and (4) targeting cookies which are utilized to measure web-viewing for market research purposes. Usually, cookies can be disabled in your browser’s settings.
OUR COMMITMENT TO CHILDREN’S PRIVACY
SEP will not intentionally collect information which relates to or originates from a child under 18 unless we have the consent of the child’s parent or guardian. If we become aware that a user is a child who is using the Services without the consent of his parent or guardian, we will use reasonable efforts to delete any information submitted by that child as soon as possible and to ensure that such information is not transferred to anyone else nor used by us. Please let us know as soon as you become aware that a child has submitted information to us without the consent of his or her parent or guardian.
DO NOT TRACK
Some browsers have a “do not track” feature that lets you tell websites you do not want to have your online activities tracked. Because there is no commonly accepted response for “do not track” signals initiated by browsers, we do not presently respond to them.
COMPLIANCE WITH CALIFORNIA’S ONLINE PRIVACY LAW
ADDITIONAL INFORMATION REGARDING CALIFORNIA
Pursuant to the California Consumer Privacy Act of 2018 (“CCPA”), we are providing the following additional details regarding the categories of personal information that we collect (both online and offline), use, and disclose about California residents. Please note that certain personal information, including personal information subject to the Gramm-Leach-Bliley Act, is not covered under the CCPA.
COLLECTION AND DISCLOSURE OF PERSONAL INFORMATION
The following chart details which categories of personal information we plan to collect, as well as the categories of personal information we have collected and disclosed for our operational business purposes in the preceding 12 months. We collect this personal information from you and from publicly available databases, data brokers, social media sites, and joint marketing partners.
Categories of Personal Information
Disclosed to Which Categories of Third Parties for Operational Business Purposes
Identifiers, such as name, contact information, and IP address
Our subsidiaries and affiliated companies; our service providers
Personal information, as defined in the California customer records law, such as name and contact information
Our subsidiaries and affiliated companies; our service providers
Internet or network activity information, such as browsing history and interactions with our websites
Our subsidiaries and affiliated companies; our service providers
Geolocation data, such as device location
Our subsidiaries and affiliated companies; our service providers
Audio, electronic, visual, similar information, such as call and video recordings
Our subsidiaries and affiliated companies; our service providers
Inferences drawn from any of the personal information listed above to create a profile about, for example, an individual’s preferences and characteristics
Our subsidiaries and affiliated companies; our service providers
As described above, we may have disclosed personal information to legal authorities to respond to requests or to protect and defend legal rights, which may include personal information in the categories listed above.
RIGHTS AND REQUESTS
If you are a California resident, you (or your authorized agent) may make the following requests:
(1) REQUEST TO KNOW: You may request that we disclose to you the following information covering the 12 months preceding your request:
The categories of personal information we collected about you and the categories of sources from which we collected such personal information;
The specific pieces of personal information we collected about you;
The business or commercial purpose for collecting personal information about you (if applicable); and
The categories of personal information about you that we otherwise shared or disclosed, and the categories of third parties with whom we shared or to whom we disclosed such personal information (if applicable).
(2) REQUEST TO DELETE: You may request that we delete personal information we collected from you. To make a Request to Know or a Request to Delete, please call us at 844-447-2237.
We will verify and respond to your request consistent with applicable law, taking into account the type and sensitivity of the personal information subject to the request. Upon receiving a request, we will attempt to verify your identity by comparing the identifying information you provide with your request (e.g., your name and mailing address) to the personal information already maintained in our records. We may need to request additional personal information from you, such as your email address or telephone number, in order to verify your identity and protect against fraudulent requests. If you maintain a password-protected account with us, we may verify your identity through our existing authentication practices for your account and require you to re-authenticate yourself before disclosing or deleting your personal information.
If you make a Request to Delete, we may ask you to confirm your request before we delete your personal information. You have the right to be free from unlawful discrimination for exercising your rights under the CCPA.
Authorized Agents If you want to make a request as an authorized agent on behalf of a California resident, you may use the submission methods noted above. As part of our verification process, we may request that you provide, as applicable:
Proof of your registration with the California Secretary of State to conduct business in California; and/or
A power of attorney from the California resident pursuant to Probate Code sections 4121-4130.
If you are making a Request to Know or a Request to Delete on behalf of a California resident and have not provided us with a power of attorney from the resident pursuant to Probate Code sections 4121-4130, we may also require the resident to:
Provide you with a written permission signed by the resident to make the Request to Know or Request to Delete on the resident’s behalf;
Verify the resident’s own identity directly with us; and/or
Directly confirm with us that the resident provided you permission to submit the Request to Know or Request to Delete.
Access to and use of our Services is limited to your personal, non-commercial use. Participation in surveys is optional and voluntary. You may join the Panel by responding to any text message invitation from SEP, or by texting PANELISTA to 72237 or 55280. Membership and/or participation in a survey hosted or administered by SEP is open to individuals in the United States who are eighteen (18) years of age or older. If you are not eighteen (18) years of age or older, you may not register or attempt to register as a Member. Minors aged thirteen (13) to seventeen (17) may occasionally be asked to participate in surveys offered to Members, but may not do so without the permission or consent of a parent or guardian. No one under the age of 13 may participate in any SEP survey. SEP reserves the right to refuse to offer or provide Panel membership or other services to anyone, at any time, in its sole discretion.
Each individual may only have one active membership account (defined below) at any one time. As a condition of membership, you are required to truthfully provide all information requested by SEP and are strictly prohibited from using any aliases or other means to mask or conceal your true identity. If you provide any information to SEP that is untrue, inaccurate, not current, or incomplete (or if SEP has reasonable grounds to suspect you have done so), or if you are maintaining more than one account, SEP reserves the right to terminate your membership without notice, and to prevent you from any current or future access to, or use of the Platform including the immediate forfeiture of any SEP Rewards (as defined below) accumulated by you prior to such termination.
ACCOUNT AND PASSWORDS
If you register on the Platform as a member (“Member”), SEP will require you to create a username and password to access your account. You are solely responsible for the security of your username and password, and for any use or unauthorized use of your account. You may never use another member’s account without permission. You must promptly notify SEP of any breach of security or unauthorized use of your account.
REWARDS AND REDEMPTION
A. Earning Rewards: Subject to paragraph B below, you can earn rewards (“SEP Rewards”) for completing surveys or participating in other activities. In order to earn SEP Rewards, you must first answer a few pre-screening questions that will qualify you to participate in the survey. You will only be entitled to SEP Rewards if you (a) qualify for the survey AND (b) successfully complete the entire survey or, as applicable, any other offered activity. If you do not qualify for the survey after answering the pre-screener questions, or you do not qualify to participate in another activity, you DO NOT earn any SEP Rewards. All SEPRewards expire twelve (12) months from the date that they are credited to your account.
The SEP Rewards for completing surveys or other activity are credited to your account and are subject to your compliance with these Terms. Your account, including any SEP Rewards or other credits in your account, is non-transferable and non-assignable by operation of law or otherwise, and may not be pooled, lent, sold, or exchanged. We may change rules about redeeming SEP Rewards or other credits in your account at any time and such changed rules will apply to SEP Rewards already accrued as well as to SEP Rewards accrued in the future. You may request the redemption of SEP Rewards into the items offered on our Platform and only as permitted by these Terms. Before receiving your SEP Rewards, SEP will deliver to you via USPS a SEP Prepaid Rewards card or your PODERcard Debit card. Redeemed SEP Rewards will be deposited directly onto the SEP Prepaid Rewards card or into your PODERcard Debit account within approximately four to six weeks of you earning them. Redeeming SEP Rewards and receipt of any payment by you is contingent upon your full compliance with: (a) these Terms; and (b) the specific rules or terms then in effect for the particular redemption offer.
B. Minimum Redemption Amount: YOU CANNOT REDEEM SEP REWARDS UNTIL YOU HAVE ACCRUED AT LEAST TEN DOLLARS ($10.00) IN YOUR ACCOUNT (THE “MINIMUM REDEMPTION AMOUNT”). WE HAVE NO LIABILITY OR OBLIGATION TO PAY YOU OR SEND YOU A REWARD, UNLESS AND UNTIL YOU HAVE ACCRUED AND MAINTAINED AT LEAST THE MINIMUM REDEMPTION AMOUNT IN YOUR ACCOUNT. UNLESS AND UNTIL YOU HAVE ACCRUED AND MAINTAINED THE MINIMUM REDEMPTION AMOUNT, ALL SEP REWARDS ARE DEEMED A CONTINGENT LIABILITY, WHICH IS ENTIRELY CONTINGENT UPON: (1) YOUR ACCRUAL AND MAINTENANCE OF AT LEAST THE MINIMUM REDEMPTION AMOUNT IN YOUR ACCOUNT, AND (2) YOUR FULL COMPLIANCE WITH THESE TERMS. UNLESS AND UNTIL YOUR ACCOUNT BALANCE REACHES THE MINIMUM REDEMPTION AMOUNT, THE SEP REWARDS IN YOUR ACCOUNT HAVE NO CASH VALUE.
WE RESERVE THE RIGHT TO CHANGE THE MINIMUM REDEMPTION AMOUNT UPON THIRTY (30) DAYS’ WRITTEN NOTICE, THROUGH PROMINENT ANNOUNCEMENTS ON THE SITE AND ELSEWHERE, INCLUDING EMAIL, ALERTING YOU TO THESE CHANGES.
C. Redemption Request: As noted above, you may not request redemption, and the SEP Rewards in your account have no actual cash value, until you have accrued at least the Minimum Redemption Amount of $10.00. A description of each redemption request and its progress will be displayed in your SEP account on www.SABEResPODER.com.
D. Taxes Related to Rewards: You are responsible for any and all tax liability arising from or associated with your SEP Rewards redemptions, including liability arising from your accrual of SEP Rewards or your redemption of SEP Rewards. As necessary, and depending on the value of your cumulative SEP Rewards, we will require you to provide any additional personal information via IRS Form W-9, such as social security number or Taxpayer ID number, that we may need to comply with any reporting or withholding obligations.
Your failure to provide necessary tax information will result in forfeiture of your SEP Rewards, and no redemption will be paid.
E. Redemption Schedule: Requests to redeem SEP Rewards are processed promptly, and are usually delivered to you within four to six weeks. Items that take longer than four to six weeks to redeem will be specified on our Platform.
F. Fraud Prevention: SEP reserves the right at its sole discretion to request further information from Members to avoid fraudulent activity. SEP reserves the right at its sole discretion to place any payment request on hold, for any reason, until the Member has provided the requested information. Reasonable notice will be given to the Member to provide this information. All decisions by SEP regarding fraud or suspected fraud are binding and final.
G. Delivery Location: You are responsible for selecting a secure and reliable mail delivery address for payments. We are not responsible for any stolen or lost debit cards so long as such a debit card was sent to the mailing address indicated in your account information at the time such payment was requested. If your household mailbox is not secure, we recommend you obtain a secure post office box.
USE OF THE SITES AND THE PLATFORM
You are prohibited from taking any action to interfere with any of our sites or the Platform, or any action to interfere with any other individual’s use of the sites or the Platform. Specifically, you agree not to use the Services for any of the following purposes:
•Posting, communicating, or transmitting any material that 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 that may constitute a criminal offense, give rise to civil liability, or otherwise violate any law or regulation;
•Attempting to interfere in any way with our network security, or attempting to use the Services to gain unauthorized access to any other computer;
•Using spiders, robots or other automated data mining techniques to catalog, 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 our sole and absolute discretion, suggests an effort to abuse the Services;
•Posting or transmitting any threatening, libelous, defamatory, obscene, pornographic, lewd, scandalous or inflammatory material or content or any material or content that could otherwise violate applicable laws; or
•Engaging in any fraudulent activity, including but not limited to speeding through surveys or taking the same survey more than once.
PROFILE UPDATES & CONTACT INFORMATION
You agree to promptly notify SEP of any changes in or to information contained in your Member profile. Members agree to periodically review and update, as necessary, membership profiles. A Member may update, correct, and/or delete information contained in his or her membership profiles by accessing his or her membership account. You are solely responsible for maintaining accurate and complete contact information and promptly updating such information.
INTELLECTUAL PROPERTY RIGHTS
You may not copy, modify, alter, distribute, publish, sell or otherwise use, in whole or in part, any material on the Platform or elsewhere in the Services, unless you have obtained the prior written consent of SEP. All pages and content within the Platform and any related surveys, including but not limited to text, graphics, audio, video, photographs, surveys, logos or other materials are the intellectual property of SEP and/or its clients, licensors, partners, and/or representatives. You are hereby expressly prohibited from modifying, copying, reproducing, creating derivative works of, republishing, displaying, uploading, posting, transmitting or distributing, in any way, the content available on the Platform, without the prior written consent of SEP.
By submitting or transmitting any information, communication, and/or material to SEP, by electronic mail or otherwise, including, without limitation, any data, questions, comments, responses, suggestions or other similar information, communication, or material, on or through the Platform (“Submitted Content”), you hereby grant to SEP a sub-licensable, worldwide, fully-paid, royalty free license to use, modify, publicly perform, publicly display, reproduce, and distribute such Submitted Content. This license includes the right to host, index, cache, distribute, and tag any Submitted Content.
You shall not violate or attempt to violate the security of the Platform. Violations of system or network security may result in civil or criminal liability. SEP reserves the right to investigate occurrences which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who have participated in such violations.
COMMUNICATION WITH SEP
SMS Messages: SEP provides service & product information, responses to queries, and participation to research surveys and panels via the following Short Codes in the US:
72237 to obtain an answer to any question you may have about services or topics addressed by SEP as featured e.g. in articles and news on the SABEResPODER website, or to request participation in specific services offered by the company. The frequency of messages from 72237 may vary up to 15 Msgs/Month.
55280 to be considered as a panelist and subsequently participate in certain research panels and surveys operated by the company.The frequency of messages from 55280 may vary up to 10 Msgs/Week during your participation in research activities.
52749 to receive information about products available from SEP or its partners as described on the SABEResPODER website. The frequency of messages from 52749 may vary up to 20 Msgs/Month.
2. OPT IN: You opt in to receiving automated text messages from SEP from the following Short Codes: 72237, 52749 and 55280:
By completing a form where you will be asked to provide your phone number and agree to the SEP Terms and Policy.
By sending any text (to 72237 only), or specific keywords to certain Short Codes, e.g..: “PANELISTA”, “INFO”, “UNIRSE”, or “JOIN” to 72237 or 55280, or “SABER” to 52749, as instructed on the SABEResPODER website or as explained in written material or video materials that you may have obtained e.g., when visiting certain consulates
3. OPT OUT: By becoming a Member, you agree to receive texts, emails, and phone calls from SEP, including but not limited to invitations to participate in surveys.
SEP does not charge for messages and data. Message and data rates from your provider may apply.
List of supported carriers:
Alltel (includes Midwest)
Cellular One of East Illinois
East Kentucky Network
Rural Cellular Corporation
T-Mobile USA (includes Suncom)
Virgin Mobile USA
WCC or WCW (West Central Wireless)
Neither SEP nor the wireless carriers are liable for delayed or undelivered messages.
YOU ASSUME ALL RESPONSIBILITY AND RISK WITH RESPECT TO YOUR USE OF THE SERVICES. THE SERVICES, AND ALL CONTENT, MERCHANDISE, AND OTHER INFORMATION ON OR ACCESSIBLE FROM OR THROUGH THE SERVICES OR A “LINKED” SITE, ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, SECURITY, OR ACCURACY. SPECIFICALLY, BUT WITHOUT LIMITATION, SEP DOES NOT WARRANT THAT: (1) THE INFORMATION WITH RESPECT TO THE SERVICES IS CORRECT, ACCURATE, OR RELIABLE; (2) THE FUNCTIONS CONTAINED WITH RESPECT TO THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE; (3) DEFECTS WILL BE CORRECTED; OR (4) THE SERVICES OR THE SERVERS THAT MAKE THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
SEP makes no warranties of any kind regarding any third-party sites to which you may be directed or hyperlinked from the Services. Hyperlinks are included solely for your convenience, and SEP makes no representations or warranties with regard to the accuracy, availability, suitability, or safety of information provided in such third-party sites. SEP does not endorse, warrant, or guarantee any products or services offered or provided by or on behalf of third parties through the Services.
You agree to indemnify, defend and hold harmless SEP, its parents, affiliates and subsidiaries and each of their respective divisions, members, managers, shareholders, directors, officers, employees and agents (“Indemnified Parties”) from and against any and all claims, liabilities, losses, judgments, awards, fines, penalties and costs and/or expenses of any kind, including, without limitation, reasonable attorneys’ fees and court costs, arising out of, resulting from, in connection with, or caused by, whether directly or indirectly, your breach or violation of these Terms or use of or participation in the Services.
LIMITATION OF LIABILITY
IN NO EVENT SHALL SEP, ITS AFFILIATES, OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS, SUBSIDIARIES, SUPPLIERS, AFFILIATES, OR THIRD PARTIES PROVIDING INFORMATION ON THE SERVICES BE LIABLE TO ANY USER OF THE SERVICES OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, CONSEQUENTIAL, OR EXEMPLARY DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, OR LOSS OF USE) ARISING OUT OF THE USE OR INABILITY TO USE THE SERVICES, WHETHER BASED UPON WARRANTY, CONTRACT, TORT, OR OTHERWISE, EVEN IF SEP OR ANY OF THE RELATED PARTIES NAMED ABOVE HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES. IN NO EVENT SHALL THE TOTAL LIABILITY OF SEP, ITS AFFILIATES, OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS, SUBSIDIARIES, SUPPLIERS, AFFILIATES, OR THIRD PARTIES PROVIDING INFORMATION ON THE SERVICES TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION RESULTING FROM YOUR USE OF THE SERVICES, WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, ACTIONS BASED ON NEGLIGENCE) OR OTHERWISE, EXCEED THE GREATER OF: (1) THE TOTAL DOLLAR VALUE OF ALL SEP REWARDS YOU HAVE ACCUMULATED IN THE TWENTY-FOUR (24) MONTHS PRECEDING THE DISPUTE OR (2) ONE HUNDRED AND FIFTY DOLLARS ($150.00).
ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO USE OF THE SERVICES OR THESE TERMS MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE.
You hereby acknowledge that this section shall apply to all content, merchandise, and services available through the Services. Because some states do not allow limitations on implied warranties or the exclusion or limitation of certain damages, all of the above disclaimers or exclusions may not apply to all users.
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 regarding your (A) use of and/or access to the Platform; (B) membership to, in, or with the Panel; and/or (C) participation in the surveys.
If any provision of these Terms shall be held or declared to be invalid or unenforceable for any reason by any court of competent jurisdiction, such provision shall be deemed null and void and shall not affect the application and/or interpretation of these Terms. The remaining provisions of these Terms shall continue in full force and effect, as if the invalid or unenforceable provision was not a part of these Terms.
Any disputes and/or claims arising out of or related to these Terms, the Platform, the SEP Panel or any surveys relating to these Terms shall be resolved exclusively through the use of binding arbitration. Such arbitration shall be subject to the Federal Arbitration Act and the rules of the American Arbitration Association, which shall govern such arbitration and shall be conducted before a single arbitrator in Los Angeles County, California, USA. Any claimants shall have their claims/disputes resolved on an individual basis. Class action arbitration is prohibited under these Terms. Neither you nor SEP shall be entitled to join or consolidate claims in arbitration by or against other users or arbitrate any claims as a member of a class or in a private attorney general capacity. Each party shall bear its own costs, including any attorneys’ fees, associated with such arbitration.
SUSPENSION AND TERMINATION
SEP reserves the rights to, without any notice and at its sole discretion, terminate these Terms and your membership in the SEP Panel immediately if it has reason to believe that you are in breach of these Terms or identifies abusive behavior at any time. You can terminate your participation in these Terms at any time by unsubscribing from the SEP Panel. SEP reserves the right to terminate your account for any reason upon thirty (30) days prior notice. Any termination pursuant to this paragraph immediately cancels all SEP Rewards in your account, including those SEP Rewards subject to an outstanding redemption request.
OPT OUT POLICY
By becoming a Member, you agree to receive texts, emails, and phone calls from SEP, including but not limited to invitations to participate in surveys.
SPECIFICALLY, AND WITHOUT LIMITING THE FOREGOING, YOU CONSENT TO RECEIVE TEXT MESSAGES AND PHONE CALLS FROM AN AUTODIALER.
Participation in any survey(s) is strictly voluntary. You may opt out from any further participation, at any time, by texting STOP or PARAR to the applicable Short Code (72237, 55280 or 52749). You may cancel your account by following the directions below. Upon opting out or canceling your account you will be removed from the SEP contact list, and all communications from SEP will cease. Service can be reactivated by texting “START” or re-registering online.To get help or support, text SABER or HELP to the applicable Short Code (72237, 55280, or 52749) or call +1 (844) 447 2237 or email us at email@example.com.SEP does not charge for messages and data. Message and data rates from your provider may apply.
OPTION TO OPT OUT OF EMAIL MARKETING
At all times, you have the option of “opting out” of receiving future email marketing messages from SEP by clicking on the “unsubscribe” link at the bottom of an email marketing message.
You may cancel your account any time by visiting your dashboard and clicking on the “Unsubscribe” link at the bottom of the page. If you cancel your account, you will forfeit any SEP Reward in your account. In addition, any of your requested or pending redemptions payments will be removed and forfeited.
The headings contained in the SEP Terms are for reference only and shall have no effect on the interpretation and/or application of these Terms. SEP’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 SEP from enforcing any subsequent breach by you of these Terms. These Terms, together with any policy referenced or incorporated herein and any Panel specific requirements, represent the entire understanding and agreement between SEP and you with respect to the subject matter hereof.
CHANGES TO THESE TERMS OR POLICY
SEP shall have the right at any time to (a) change these Terms or Policy, and to (b) change the Platform, including eliminating or discontinuing any content or feature of the Platform, restricting the hours of availability, or limiting the amount of use permitted. Such changes, modifications, additions, or deletions shall be effective immediately upon notice thereof, which may be given by means including, but not limited to, posting on the Platform, or by electronic mail, or by conventional mail. Your use of the Platform after such notice shall be deemed to constitute your acceptance of such changes, modifications, additions, or deletions. You are expected to review these Terms and Policy periodically to ensure familiarity with the most current version.
Questions regarding the SEP Terms or Policy should be directed to:
12121 Wilshire Blvd
Los Angeles, CA 90025
FOR THE AVOIDANCE OF DOUBT, YOU ACKNOWLEDGE AND AGREE THAT ANY DISPUTES UNDER THE SEP TERMS OR POLICY ARE SUBJECT TO THE LIMITATION OF LIABILITY PROVISION SECTION OF SEP TERMS AND POLICY.