Focus Pointe Global (“FPG,” “we,” “us,” or “our”) is excited that you are interested in our market research services and related opportunities.  Our goal is to provide our members with a financial incentive to participate in research projects and focus groups that we may conduct for our clients.  These Terms of Use contain the terms and conditions (the “Agreement”) governing your use of our websites (Focus Pointe Global, www.focuspointeglobal.com; Focus Pointe Online, www.focuspointeonline.com; and Focus Group, www.focusgroup.com; collectively, the “Website”) and your participation in various focus groups and other research projects that we may conduct.  Your use of our Website constitutes your agreement to the terms and conditions in this Agreement.  In addition, only users who expressly agree to the terms and conditions in this Agreement will be permitted to sign up with us and to participate in focus groups and other research projects, and to receive financial incentive for participating in those projects.

By using our Website, you represent that you agree with the terms and conditions in this Agreement and with our Privacy Policy.  If you do not agree with any of the terms or conditions in this Agreement or in our Privacy Policy, please do not use our Website.

Focus Groups and Online Surveys
Online surveys allow members to participate in market research surveys via the Internet.  These surveys vary in length and time, but can generally be completed at your leisure at home or wherever it may be convenient for you to complete the survey.  Focus groups, in contrast, require members to make themselves available for live, in-person focus groups, web seminars, or telephone interviews.

From time to time, you may be asked to complete additional survey questions in an effort to build your profile, and allow us to determine if you are eligible for participation in additional market research projects, focus groups, or online surveys.

Your ability to participate in online surveys and/or focus groups will vary depending on the requirements and objectives provided by our clients.  We will review the information you provided when signing up for membership to select members who meet the criteria and/or profile required for the specific survey.  If you do not meet the criteria and/or profile for the specific survey, you will not be selected to participate.  You acknowledge and agree that registering for membership does not guarantee that you will qualify for any online surveys or focus groups, and we have no obligation to provide you with survey or focus group opportunities.

Registration and Account Security
In order to register for membership, you must provide all required information in our enrollment survey, which includes personal information.  You will also be asked to answer a series of questions that will help us determine if you are eligible for online surveys and focus groups.

You may only sign up for one membership or account with us.  Registration is required to be eligible to participate in online surveys and focus groups.  Once you have completed the membership application, you will receive an e-mail confirming that you submitted an application for membership, and your desire to participate in online surveys and focus groups.  Once you have followed the instructions in the confirming e-mail, your account will be activated.  Your account must be properly activated in order for you to receive any financial reward for your participation in online surveys and focus groups.  There is no charge for signing up with us, or become a member.

We use industry standard encryption technologies when transferring and receiving data exchanged with our Website.  We use Secure Sockets Layer encryption technology during data transmission in an effort to protect your communication and maintain your privacy.

We do not knowingly reveal any personal information that is provided by you through our Website to any third parties, except when requested to do so by a governmental agency having jurisdiction, or by a court of competent jurisdiction or other operation of law.  We endeavor to keep all information provided by members using our online forms strictly confidential and secure, in an effort to prevent the unauthorized use of personal information.  If you have not already done so, you should review our Privacy Policy, which is incorporated into this Agreement by this reference.

By using our Website, you agree to provide and maintain on our records current and accurate personal information as indicated to you during our registration processes.  If you provide any information which is inaccurate or outdated, or if we have reasonable grounds to question the truthfulness of the information provided, we reserve the right to suspend or terminate your account and refuse any and all current or future use of our Website (or any portion thereof).

You also agree to promptly notify us of any unauthorized use of your username, password, other account information, or any other breach of security that you become aware of involving or related to our Website.

Security of your account information is a personal responsibility, and you acknowledge and agree that you are solely responsible for maintaining the confidentiality and security of your account information, and that you are not permitted to let anyone else use your account.  You further acknowledge and agree that you will not reveal your account information to anyone else or use anyone else’s account information when accessing our Website.  YOU ACKNOWLEDGE THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY AND ALL LOSSES AND DAMAGES RESULTING FROM YOUR FAILURE TO COMPLY WITH THIS SECTION, AND THAT WE EXPRESSLY DISCLAIM ALL LIABILITY FOR SUCH LOSSES OR DAMAGES.

Compensation
Compensation for properly completing online surveys and complete participation in focus groups (including any related or follow-up telephone and/or online surveys or questionnaires) will vary depending upon the length of time involved and nature of the online survey or focus group, and you acknowledge that you may not receive compensation if you fail to timely complete a survey, fully participate in a focus group, or answer any required follow-up questions or surveys.  You further acknowledge that tokens may not be awarded for all online surveys, particularly if we are presenting an online survey in an effort to obtain information to determine whether you qualify to participate in a particular focus group.

Once you have properly completed an online survey or satisfied the participation requirements associated with focus groups, your account will be credited for the number of tokens assigned for successful participation in the online survey or focus group.  Please note that it may take 6-8 weeks for tokens to appear in your account.  Please note, however, that we will only convert your tokens when: (1) your account has in excess of 50 tokens; and (2) you submit a request through the My History section of the Website that we exchange the tokens in your account and send a check to you.

You acknowledge and agree that the tokens in your account have no cash value and are non-transferrable.  You further acknowledge and agree that the tokens in your account will only be valid for thirty-six (36) months, and that tokens may expire after that time.

You also acknowledge and understand that you will be responsible for the payment of any taxes that may be due as a result of payments that you receive from us, and that we will issue an IRS form 1099 to any member who receives $600.00 (or the then current minimum amount established by the IRS for 1099 reporting) or more in payments from us in a year.  You agree to provide us with all information necessary, including without limitation a social security number or other federal tax identification number, and that we may withhold payments to you until such time as you provide us with the information we request from you.

If you have any questions about our compensation policies, please feel free to contact help@focuspointeglobal.com.

Referrals And Unsolicited E-mail Policy
We encourage you to spread the word about membership to your family and friends who you think may be interested.  However, we prohibit the use of any e-mail referral service or bulk e-mailing service when sending messages encouraging people to sign up for membership with us, and under no circumstances will we be responsible for any consequences arising from your sending of unsolicited e-mails to any person or entity.  Furthermore, you agree that you will not send referral e-mails in a manner that would be considered violative of the CAN-SPAM Act of 2003.  If we believe that you have sent e-mails in violation of this Section, you will be disqualified from participation in future surveys and/or focus groups.

We do not condone the sending of e-mails in violation of the CAN-SPAM Act of 2003.  If you believe you have received an e-mail from us in violation of this Act, please contact us immediately at help@focusgroup.com.

Authorization to Receive E-mails
You acknowledge and agree that we may send you e-mails.  Some of our e-mails may seek additional information to determine if you qualify for a particular online survey or focus group.  Other e-mails may invite you to participate in an online survey or focus group.  By agreeing to receive e-mails, you are not necessarily agreeing to participate in every online survey or focus group.

If you wish to discontinue receiving e-mails from us, you may terminate your membership at any time pursuant to the terms of this Agreement.

Restrictions of Use
All information, content and materials contained on our Website are the property of FPG or its licensors and protected under U.S. and International Copyright Law.  None of the information, content or material from our Website may be copied, reproduced, republished, uploaded, posted, transmitted or distributed in any way without our express written permission.  The use of any information, content or materials on our Website on any other website or computer environment without our express written permission (which may be withheld for any reason) is strictly prohibited.

Our Website is intended for your personal use only.  You may not use our Website for commercial purposes or in any way that is unlawful, or harms us or any other person or entity, as determined in our sole discretion.

Website Rules
You may not submit or transmit any information or material that: (a) is defamatory, abusive, harassing, insulting, threatening, or that could be deemed to be an invasion of another’s right to privacy; (b) is offensive; (c) is violent, vulgar, obscene, pornographic or otherwise sexually explicit; (d) is illegal or encourages or advocates illegal activity or the discussion of illegal activities with the intent to commit them; (e) infringes or violates any rights of a third party or any domestic or international law, rule or regulation including, but not limited to: (i) copyright, patent, trademark, trade secret or other proprietary or contractual rights; (ii) right of privacy (specifically, you must not distributed another person’s personal information of any kind without their express permission) or publicity; or (iii) any confidentiality obligation; or (f) does not otherwise comply with the terms and conditions of this Agreement.

You may not submit or transmit any software or other computer files that contain a virus or other harmful component, or otherwise impair or damage our Website or any connected network, or otherwise interfere with any person’s use or enjoyment of our Website.

You will not impersonate any person or misrepresent your identity or affiliation with any person including, without limitation, using another person’s username, password or other account information, or another person’s name, likeness, voice, image or photograph.

You will not delete any legal notices, disclaimers or proprietary notices such as copyright or trademark symbols, modify any logos that you do not own or have express permission to modify.

We cannot and do not assure that other members are or will be in compliance with this Agreement, and, as between you and FPG, you hereby assume all risk of harm or injury resulting from any other person’s lack of compliance which causes you harm.

To the extent that any feature on our Website requires you to submit your e-mail address in order to send an e-mail or message, you must, and you hereby agree to, furnish your actual e-mail address, as applicable.  Any business use, “re-mailing,” or use of other high-volume application is strictly prohibited.  You are not permitted to send e-mails or messages to us using an automated program.  E-mails and mobile messages may not contain inappropriate language or images or copyrighted material (without the consent of the copyright holder) or encourage illegal activity.  We reserve the right not to deliver e-mail messages that violate these guidelines.

WE RESERVE THE RIGHT TO MODIFY OR CHANGE THE WEBSITE INCLUDING WITHOUT LIMITATION ANY OF THE CONTENT, INFORMATION OR MATERIALS APPEARING ON OR AVAILABLE THROUGH THE WEBSITE FOR ANY REASON WHATSOEVER AND WITHOUT PRIOR NOTICE TO YOU.

Confidentiality
You acknowledge that you may be permitted to participate in online surveys and/or focus groups issues, concepts and products which may not have been disclosed to the public (collectively, the “Confidential Information”).  You agree to maintain the confidentiality of all Confidential Information disclosed to you through online surveys and focus groups, and to hold Confidential Information in strict confidence.  You further agree to refrain from disclosing Confidential Information to any third party, and to refrain from using Confidential Information for any purpose.  The obligation to maintain the confidentiality of Confidential Information shall survive termination and continue for so long as the Confidential Information remains confidential through no fault of FPG or its clients.

Ownership of Intellectual Property
You acknowledge and agree that we are and shall remain the owner of all right, title and interest in and to the Website and its content, including without limitation all designs, copyrightable material (regardless of whether such material is copyrightable under the United States Copyright Act, the Berne Union for the Protection of Literary and Artistic Property, the Universal Copyright Convention, and/or any of the laws of any other nation), patentable material (regardless of whether such material is patentable under the laws of the United States and/or any other nation), trademarks and trade dress, droit moral, and confidential and trade secret information (collectively, the “Intellectual Property Rights”), including without limitation all derivatives, improvements, modifications and enhancements thereto, and all Intellectual Property Rights associated therewith. Nothing in this Agreement shall in any way constitute or be deemed a sale or assignment of rights in, or transfer of ownership, of any right, title and interest in and to the Intellectual Property Rights.  All Intellectual Property Rights remain the sole and exclusive property of FPG or its Licensors.

Termination of Membership
You agree and acknowledge that we shall have the right to immediately terminate your membership if we determine that: (i) you have violated any of the restrictions in this Agreement; (ii) you have provided us with any false information; (iii) you have not completed all surveys truthfully and accurately; (iv) you have failed to safeguard your username and password; and/or (v) you have allowed a third party to use your username and password or have otherwise facilitated a third party’s completion of a survey on your behalf.

You are free to terminate your membership at any time, and may do so by sending an e-mail to help@focuspointeglobal.com containing your membership account information and the request that we terminate your membership.

Upon termination of your membership, all tokens credited to your account will automatically expire.

Third Party Websites
You acknowledge that when visiting our Website, you may be directed to other websites not under our control.  You acknowledge that when you click on a link which directs you to a site other than our Website, your arrival site will not be controlled by us and terms of use or policies associated with such site may apply.  You also acknowledge that we will not be responsible for your use of any such websites.

Children and Parental Consent
This Website, online surveys and our focus groups are not intended for children under the age of 14.  For that reason, we strongly encourage parents to supervise their children when visiting our Website.  You represent that you are 14 years of age or older, and if you are under the age of 18, you also represent that you have parental consent to participate in online surveys and focus groups.

DISCLAIMER; LIMITATION OF LIABILTY
FPG DOES NOT AND CANNOT WARRANT THE PERFORMANCE OR RESULT THAT YOU MAY OBTAIN USING THE WEBSITE OR THE INFORMATION, CONTENT AND MATERIALS CONTAINED ON THE WEBSITE.  THE INFORMATION, CONTENT AND MATERIAL ON OUR WEBSITE ARE PROVIDED ON AN “AS IS” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.  WE DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN INFORMATION, CONTENT AND MATERIALS ON THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT OUR WEBSITE OR THE SERVERS THAT MAKE SUCH INFORMATION, CONTENT AND MATERIALS AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.  YOU ASSUME THE ENTIRE LIABILITY FOR THE SELECTION AND USE OF OUR WEBSITE, AND WE SHALL HAVE NO LIABILITY FOR ANY ERRORS, MALFUNCTIONS, DEFECTS, OR LOSS OF DATA RESULTING FROM OR RELATED TO YOUR USE OF THE WEBSITE.

UNDER NO CIRCUMSTANCES, INCLUDING WITHOUT LIMITATION OUR OWN NEGLIGENCE, SHALL FPG, OUR LICENSORS, LICENSEES, MEMBERS, AGENTS, REPRESENTATIVES AND OTHER AUTHORIZED USERS BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES INCLUDING, WITHOUT LIMITATION, LOST PROFITS, PERSONAL INJURY AND PROPERTY DAMAGE OF ANY NATURE WHATOSOEVER, THAT RESULTS FROM (A) THE USE OF, OR THE INABILITY TO USE, OUR WEBSITE OR CONTENT, MATERIALS OR FUNCTIONS ON THE WEBSITE; OR (B) THE CONDUCT OR ACTIONS, WHETHER ONLINE OR OFFLINE, OF ANY USER OF OUR WEBSITE OR ANY OTHER PERSON OR ENTITY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBLITY OF SUCH DAMAGES.  IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE) OR OTHERWISE EXCEED $100 FOR ACCESSING OR PARTICIPATING IN ANY ACTIVITY RELATED TO OUR WEBSITE.  THIS PROVISION SHALL SURVIVE TERMINATION OF YOUR USE OF THE WEBSITE OR OUR TERMINATION OF THIS AGREEMENT.

MOREOVER, UNDER NO CIRCUMSTANCES SHALL FPG, OUR LICENSORS, LICENSEES, MEMBERS, AGENTS REPRESENTATIVES AND OTHER AUTHORIZED USERS BE HELD LIABLE FOR ANY DELAY OR FAILURE IN PERFORMANCE RESULTING DIRECTLY OR INDIRECTLY FROM AN ACT OF FORCE MAJEURE OR CAUSES BEYOND OUR OR THEIR REASONABLE CONTROL INCLUDING, WITHOUT LIMITATION, ACTS OF GOD, WAR, EQUIPMENT AND TECHNICAL FAILURSE, ELECTRICAL POWER FAILURES OR FLUCTATIONS, STRIKES, LABOR DISPUTES, NATURAL DISASTERS, GOVERNMENTAL ACTIONS, ORDERS OF DOMESTIC OR FOROEIGN COURTS OR TRIBUNALS, NON-PERFORMANCE OF THIRD PARTIES, OR ANY REASONS BEYOND OUR REASONABLE CONTROL.

YOU FURTHER ACKNOWLEDGE AND AGREE THAT WE, OUR LICENSORS AND LICENSEES SHALL NOT BE RESPONSIBLE OR LIABLE FOR (A) ANY INCOMPATABILITY BETWEEN OUR WEBSITE AND ANY WEB SITE, SERVICE, SOFTWARE OR HARDWARE, OR (B) ANY DELAYS OR FAILURES THAT YOU MAY EXPERIENCE WITH ANY TRANSMISSIONS OR TRANSACTIONS RELATING TO OUR WEBSITE.

WE SHALL NOT BE RESPONSIBLE FOR:  TECHNICAL, HARDWARE OR SOFTWARE FAILURES OF ANY KIND; LOST OR UNAVAILABLE NETWORK CONNECTIONS; INCOMPLETE, GARBLED OR DELAYED COMPUTER TRANSMISSIONS.

THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS IN THIS SECTION AND ELSEWHERE IN THIS AGREEMENT SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.  APPLICABLE LAW MAY NOT ALLOW ONE OR MORE LIMITATIONS, EXCLUSIONS, OR DISCLAIMER OF LIABILITY FOR CERTAIN PROVISIONS SET IN THIS AGREEMENT, AND SUCH EXCLUSIONS, LIMITATIONS OR DISCLAIMERS MAY NOT APPLY TO YOU.

Indemnification
You are entirely responsible for maintaining the confidentiality of your username, password and the security of your account, as well as activities that occur under your account.  You hereby agree to indemnify, defend and hold FPG, our licensors, licensees, members, agents, representatives and other authorized users (including any respective officers, directors, owners, employees, agents, representatives and assigns) harmless from and against any and all losses, damages, claims, damages, liabilities and costs (including, without limitation, settlement cost and any legal or other fees and expenses for investigating and/or defending any actions or threatened actions) incurred in connection with any claim arising our of any breach by you of this Agreement or claims arising from your account.  You shall use your best efforts to cooperate with us in the defense of any claim.  We reserve the right, at our own expense, to employ separate counsel and assume the exclusive defense and control of any matter otherwise subject to indemnification by you.

Submissions to FPG
While we welcome comments and suggestions from our members, unfortunately it is our policy not to accept or consider unsolicited suggestions, ideas or materials.  The purpose of this policy is to avoid the possibility of misunderstandings when projects we develop may seem to others to be a product of their own creative work.  Please do not send us any unsolicited materials including without limitation pitches, ideas, concepts, suggestions, photographs, drawings, videos, audiovisual works and/or other similar materials (“Unsolicited Materials”).

If, despite our warnings, you send us any Unsolicited Materials, by sending such Unsolicited Materials you will be deemed to have granted and assigned all right, title and interest in and to such Unsolicited Materials, including without limitation any ideas, methods and inventions contained therein, to us, and we shall be entitled to use such Unsolicited Materials for any purpose whatsoever, commercial or otherwise, without compensation to you.  If there is any doubt or ambiguity about whether there has been an actual submission of Unsolicited Materials, such materials shall be collectively and conclusively deemed to be a submission for purposes of this Agreement.

By submitting Unsolicited Materials to us, you hereby appoint us as your agent with the power to enter into and execute any contract, document and/or do any act that we consider appropriate to confirm the grant of rights, consents, agreements, assignments and waivers set forth in this Agreement.

You agree that any Unsolicited Materials you submit are not being provided in confidence or trust and that no confidential or fiduciary relationship is intended or created between you and FPG in any way.  To the extent any “moral rights,” “ancillary rights,” or similar rights in or to the Unsolicited Materials exist and are not exclusively owned by us, you agree not to enforce any such rights against us or our licensees, agents, members and other authorized users.

Jurisdiction and Venue
The sole and exclusive venue for any dispute arising out of or otherwise related to this Agreement or the Parties hereto, including without limitation any dispute regarding the validity, interpretation and/or enforceability of this Agreement, shall be resolved through binding arbitration pursuant to the rules of the American Arbitration Association in Philadelphia, Pennsylvania.  If the Parties are unable to agree upon a company to administer any such arbitration, the arbitration shall be filed with the American Arbitration Association.  In any such dispute, this Agreement shall be governed by and interpreted under the laws of the Commonwealth of Pennsylvania without regard to its choice of law provisions.  The parties expressly waive the right to obtain discovery from each other in connection with any arbitration.  In addition, the Parties shall enter into a Confidentiality Agreement to maintain the confidential nature of all documents and information presented in connection with the arbitration.  Each party shall present the arbitrator with proposed findings of fact and conclusions of law immediately prior to the final hearing.  The arbitration may only award actual damages, statutory damages and injunctive relief; under no circumstances shall the arbitrator award consequential or punitive damages.  The prevailing party shall also be entitled to, and the arbitrator shall award, reasonable attorney’s fees and the costs associated with the arbitration.  The arbitrator shall issue a final decision no later than ten (10) days after the conclusion of the final hearing.  A judgment and/or injunction on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. 

No delay or failure by either party to exercise any right under this Agreement, and no partial or single exercise of that right, shall constitute a waiver of that or any other right, unless otherwise expressly provided herein.  If a provision of this Agreement is held to be invalid or unenforceable under any applicable law, such invalidity or unenforceability shall attach only to such provision or part thereof and the remaining part of such provision and all other provisions hereof shall continue in full force and effect.  Further, all terms and conditions in this Agreement shall be deemed enforceable to the fullest extent permissible under applicable law, and when necessary, the court is requested to reform any and all terms or conditions to give them such effect. 

Acknowledgement and Representation
You acknowledge that the terms and conditions of this Agreement are supported by reasonable and valuable consideration, the receipt of which is hereby acknowledged.  Without limiting the foregoing, you acknowledge that such consideration includes, without limitation, your use of our websites, and opportunity to benefit financially from your participation in focus groups and other research projects.  You represent that you have read and understood the terms and conditions of this Agreement.