Terms and Conditions

Last Updated: March 8, 2002
Welcome to Product Evaluations, Inc., Product Evaluations, and the PENPals restricted membership program. Before becoming a member, please take a minute to ensure that you understand the terms and conditions of our relationship by reading this important information. By using our Web site (ProductEvaluations.com), by registering as a PENPals member, and/or by using any form of our online service, you agree to be bound by these Terms and Conditions. In addition to these Terms and Conditions, you agree to the collection and use of your personal information as provided in our Privacy Policy. We reserve the right to update or change these Terms and Conditions at any time and for any reason. We also reserve the right to modify or change the PENPals program and PEN Points Award system without notification. By agreeing to this form, you agree to be bound by any such revisions and should therefore periodically visit and print the latest version of the Terms and Conditions for your records. You also agree to hold all information and/or any materials you see or discuss via surveys, chat rooms or any other method of obtaining your opinions, confidential. The date of the last update to these Terms and Conditions is stated at the top of this document.
THIS AGREEMENT INCLUDES:
  1. Agreement to Contract Electronically
  2. Privacy
  3. Modifications
  4. Monitoring
  5. Disclaimers
  6. Limitation of Liability
  7. Use of Content
  8. Confidentiality Agreement
  9. Membership Information
  10. PEN Points Awards Information
  11. User Submissions
  12. Links to Other Web Sites
  13. General Legal Provisions
  1. AGREEMENT TO CONTRACT ELECTRONICALLY
    You agree to contract electronically with Product Evaluations, Inc. You agree that this electronic Terms and Conditions agreement, combined with your act of using the services offered on this Web site or clicking on "I Agree," have the same legal force and effect as a written contract with your written signature and satisfy any laws that require a writing or signature, including any applicable Statute of Frauds. You further agree that you shall not challenge the validity, enforceability or admissibility of the Terms and Conditions on the grounds that it was electronically transmitted or authorized. In addition, you acknowledge that you have had the opportunity to print this agreement and that the answers you have given to all questions are accurate and truthful.
  2. PRIVACY
    We respect your privacy. The information you submit is subject to our Privacy Policy, and you grant Product Evaluations, Inc. and PENPals and all other persons or entities involved in the operation of the Web site the right to transmit, monitor, retrieve, store, and use your personal information, as provided for in that policy. We encourage you to print and review this Privacy Policy to assist you in making an informed decision regarding the type of information you would like to submit to us. Product Evaluations, Inc. cannot and does not assume any responsibility or liability for any information you submit or for your third parties' use or misuse of information transmitted or received using this Web site.
  3. MODIFICATIONS
    We may discontinue, add to, modify, upgrade or replace all aspects of the Web site in our sole discretion and without notice. In particular, we reserve the right in our sole discretion to modify, supplement, delete, discontinue or remove any software, file, publications, information, communication or other content appearing on or transmitted through the Web site.
  4. MONITORING
    Product Evaluations, Inc. has no obligation to monitor the services offered at the Product Evaluations, Inc. Web site or any use thereof or to retain the content of any User session. However, as stated in our Privacy Policy, Product Evaluations, Inc. reserves the right at all times to monitor, review, retain and/or disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to cooperate with law enforcement and other authorities in investigating a claim of illegal activity.
  5. DISCLAIMERS
    Your use of the services is at your sole risk. We provide the services to you on an "as is" and "as available" basis. We disclaim all warranties and conditions, either express or implied, including, but not limited to, implied warranties or merchantability, fitness for a particular purpose, title, and non-infringement, with regard to the products, services and information contained on or made available through this site, including, but not limited to the availability of the products or services. We make no representations or endorsements of any products or services on the web site.
    In no event is Product Evaluations, Inc., liable for any damages caused by your or any third partyís acts or omissions. Product Evaluations, Inc., is not responsible for any content distributed by you through the web site or associated services nor is Product Evaluations, Inc., responsible for any third party promises to fulfill any product or service offered throughout ProductEvaluations.com or Product Evaluation, Inc. No advice or information, whether oral or written, obtained by you through the web site shall create any warranty not expressly stated in these terms.
  6. LIMITATION OF LIABILITY
    To the maximum extent permitted by applicable law, in no event shall Product Evaluations, Inc., be liable for any direct, special, incidental, indirect, or consequential damages whatsoever (including without limitation, damages for loss of business profits, business interruption, loss of data, or any other pecuniary loss) arising out of or in any way connected with (i) the use or performance of this web site; (ii) the delay or inability to use this web site; (iii) the provision of or failure to provide services, or for any information, services and related graphics contained on or made available through this web site; and (iv) the failure to provide the products or services. The above limitation does not apply to you if you are in a state or jurisdiction that does not allow the limitation or exclusion of liability.
  7. USE OF CONTENT
    You acknowledge that Product Evaluations, Inc.'s, ProductEvaluations.com Web site and surveys contains information, data, software, photographs, graphics, videos, text, images, typefaces, sounds, and other content that are protected by copyrights, trademarks, or other proprietary rights (the "Content"), and that these rights are valid and protected in all forms, media and technologies existing now or hereinafter developed. Product Evaluations, Inc. owns or has a valid license to use Content on the Web site. You may not modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale of, create derivative works from, or in any way exploit any of the Content, in whole or in part. Except as permitted by the fair use privilege under the U.S. copyright laws (see e.g. 17 U.S.C. Section 107), you may not upload, post, reproduce, or distribute in any way, any and all Survey Content and other Content protected by copyright, or other proprietary right, without obtaining permission of the owner of the copyright or other proprietary right.
    If you violate any of these Terms and Conditions, your permission to use the Content automatically terminates and you must immediately destroy any copies you have made of any portion of the Content.
    If you believe that any of the Content of this Web Site infringes a copyright, trademark, patent or other right of another party, please direct an e-mail to our Customer Service Department (customercare@ProductEvaluations.com) or call us at (630-230-3200)
  8. CONFIDENTIALITY AGREEMENT
    The research surveys you may participate in are extremely confidential in nature. As a member of PENPals, you agree that you will hold confidential any information you learn through Product Evaluations, Inc., http://www.productevaluations.com, or your PENPals membership including but not limited to the content of surveys, new product ideas, product samples you may receive, all written, printed or graphic materials. You also agree that you will hold confidential any and all passwords, which allow access to research surveys or to various areas of PENPals & Product Evaluations, Inc.'s ProductEvaluations.com web site. You agree that you will complete the research surveys yourself and will not divulge passwords to another party or allow another person to view or complete surveys using your password. In addition, you agree that you will not copy any such information or materials or divulge the same or any part thereof to any other person, firm, corporation or organization, or use such information or materials, either for yourself or for the benefit of any third party. At the conclusion of any study you conduct with Product Evaluations, Inc., or PENPals, you agree that you will destroy any and all materials including samples, printed materials, etc.
    The provisions of this section, however, shall not apply to any information or material to the extent that the same (a) is now in, or later enters, the public domain through no fault of yours, (b) was known to you prior to the disclosure of such information or material by Product Evaluations, Inc., or PENPals to you and such knowledge can be supported by written documentation supplied by you, or (c) was rightfully obtained by you from a third party in rightful possession of such information.
    You acknowledge that if you fail or refuse to perform your duties under this agreement, Product Evaluations, Inc. may elect to seek an injunction against you in a court of competent jurisdiction to restrain any such failure or refusal by you to perform or comply with this Agreement as one of its remedies under this agreement. In addition, Product Evaluations, Inc. may file a claim for damages against you or pursue any such other remedies and damages available. An election to pursue any remedy shall not preclude Product Evaluations, Inc. from pursuing any other remedy.
  9. MEMBERSHIP INFORMATION
    Membership in the Product Evaluations, Inc. PENPals program is restricted and will be approved at the sole discretion of Product Evaluations, Inc. You will be notified by email regarding membership status following completion of registration and the "my profile" form. Membership approval is based upon several criteria, including, but not limited to the following conditions:
    1. Accurate completion of the "my profile" registration
    2. Agreement to the Terms and Conditions and Confidentiality
    3. Updating of your "my profile" immediately to reflect any changes in employment, employment status, email addresses, and so forth
    4. Continued employment within specific foodservice markets/industry segments (to be determined at the sole discretion of Product Evaluations, Inc.)
    5. Providing accurate information in the "my profile" area on all surveys.
    6. Only one person per company may be an active PENPals member.
    At any time, and for any reason, Product Evaluations, Inc. reserves the right to terminate membership in the PENPals Program. Terminating members will be notified by email to allow time for accumulated Points to be redeemed prior to expiration.
  10. PEN POINTS AND AWARDS INFORMATION
    PENPals members may receive PEN Points ("points") from time to time in return for participating in surveys. These points are given to PENPals members at the discretion of Product Evaluations, Inc. and may or may not be offered for each survey completed. PEN Points are not transferable. Product Evaluations, Inc. also reserves the right to retract any PEN Points initially awarded for completion of a survey due to violation of any of the following conditions, or if Product Evaluations, Inc. determines a survey has been randomly answered based on inconsistent responses, missed quality control questions, selection of the same answer over multiple questions, or for other reasons.
    As a condition to receiving Points offered for a survey, members must:
    1. complete the survey in its entirety
    2. carefully read all survey questions and provide a thoughtful, honest answer or opinion to each
    3. provide appropriate answers/responses to all quality control questions
    4. provide accurate information to the extent of the member's knowledge
    5. be an approved, registered member of PENPals
    From time to time Product Evaluations, Inc. may, at its sole discretion, waive any or all Point requirements. This does not effect other - past or future - requirements for Point distribution.
    Points may expire at the sole discretion of Product Evaluations, Inc.  Points may expire for any reason, but especially if on of the following occurs:
    1. You do not participate in any research survey with Product Evaluations, Inc. over a six month period;
    2. You are no longer eligible to participate in PENPals (in the case that your employment in foodservice changes).
    3. You choose to "opt out" of PENPals (see Privacy Statement, item 3)
    You will be alerted by email two-to-four weeks before point expiration, at which time you may regain active status or redeem accumulated points. Emails will be sent to the email address used in your "my profile" area.
    Points may be accumulated and redeemed for items listed in the PENPals pages of ProductEvaluations.com web site. In order to redeem points, you must be a registered and approved member of PENPals, with an accurate and updated "my profile" page.
    Product Evaluations, Inc. does not guarantee the availability of any item listed on the site. Items for redemption may be removed from the ProductEvaluations.com web site from time to time at the sole discretion of Product Evaluations, Inc. Product Evaluations, Inc. makes no warranty regarding items you receive through the PENPals program. Once you have submitted a request for point redemption, you will be notified by email (to the email address listed in your "my profile" page) as to the status/availability of that particular item, and to confirm your request and shipping address.
    If any redemptions have been made in error, including but not limited to the wrong item specified or the wrong shipping address in the redemption request, you will be responsible to alert Product Evaluations (via email to customercare@productevaluations.com) within 24 hours of our confirmation email.
    Product Evaluations will not be liable or responsible for any errors in redemptions based on information provided on the redemption request page.
    The rules regarding PENPals, PEN Points and redemption system may be modified at any time at the sole discretion of Product Evaluations, Inc.
  11. USER SUBMISSIONS
    You agree that you will not upload or transmit any communications or content of any type that infringe or violate any rights of any party. By submitting communications or content to any part of this Web site, you agree that such submission is non-confidential for all purposes and you are the party that is submitting information about yourself. Furthermore, you acknowledge that the information you submit during registration and for subsequent surveys is accurate information as is given to the best of your ability. If you make any such submission, you automatically grant--or warrant that the owner of such content has expressly granted--Product Evaluations, Inc. a royalty-free, perpetual, irrevocable, world-wide exclusive license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform, and display the communication or content in any media or medium, or any form, format, or forum now known or hereafter developed. Product Evaluations, Inc. may sublicense its rights through multiple tiers of sublicenses.
  12. LINKS TO OTHER WEB SITES
    Our services and web site may contain links to web sites operated by other parties. We do not, either expressly or by implication, endorse the Content on such web sites or any association it may have with third parties. The links are provided for your convenience only. We have no control over such web sites nor do we review the content on those web sites; therefore, we are not responsible or liable for any content, advertising, products or other materials on or available from such web sites. You further acknowledge and agree that we are not responsible or liable, either directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web site or resource.
  13. GENERAL LEGAL PROVISIONS
    International Laws: Product Evaluations, Inc. is based in Oak Brook, Illinois, in the United States of America. Product Evaluations, Inc. makes no claims that the Content is appropriate or may be downloaded outside of the United States. Access to the Content may not be legal by certain persons or in certain countries. If you access the ProductEvaluations.com Web site from outside the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.
    Choice of Law and Forum: You expressly agree that exclusive jurisdiction for any dispute with Product Evaluations, Inc., or in any way relating to your use of Product Evaluations, Inc.'s, ProductEvaluations.com Web site, resides in the courts of the State of Illinois and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of the State of Illinois in connection with any such dispute including any claim involving Product Evaluations, Inc., ProductEvaluations.com, PENPals, any of its affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers, and content providers. These Terms of Service are governed by the internal substantive laws of the State of Illinois, without respect to its conflict of laws principles.
    Entire Agreement: Except as expressly provided in a particular "legal notice" on Product Evaluations, Inc.ís, ProductEvaluations.com Web site, these Terms of Service constitute the entire agreement between you and Product Evaluations, Inc. with respect to the use of the ProductEvaluations.com Web site and Content. Your use of Product Evaluations, Inc.'s, ProductEvaluations.com Web site is also subject to the Product Evaluations, Inc. Privacy Policy. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content or third-party software.
    Termination: Product Evaluations, Inc. may terminate these Terms and Conditions without cause at any time and effective immediately. In addition, Product Evaluations, Inc., in its sole discretion may terminate membership immediately and without notice for violation of any part of these Terms and Conditions. You may also terminate these Terms and Conditions by simply discontinuing use of your account and/or the Web site. In the event of any termination of these Terms and Conditions, the restrictions on your use of the Content (as set forth in Paragraph 11 "User Submissions") shall survive such termination, and you agree to be bound by those terms.
    Indemnity: You agree to defend, indemnify, and hold Product Evaluations, Inc., its officers, directors, employees, agents, licensors, suppliers, and affiliates harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your violation of these Terms and Conditions.
    Non-waiver: Our failure to exercise or enforce any right or provision of the Terms and Conditions shall not constitute a waiver of such right or provision. If any provision of the Terms and Conditions is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms and Conditions remain in full force and effect. No waiver of any of the Terms and Conditions shall be deemed a further or continuing waiver of such term or condition or any other term or condition.
    Limitation on Actions: You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Web site or these Terms and Conditions must be filed within one year after such claim or cause of action arose or be forever barred.
    Export: The U.S. export control laws regulate the export and re-export of technology originating in the United States. This includes the electronic transmission of information and software to foreign countries and to certain foreign nationals. You agree to abide by these laws and their regulations - including but not limited to the Export Administration Act and the Arms Export Control Act and not to transfer, by electronic transmission or otherwise, any Content derived from the Web site to either a foreign national or a foreign destination in violation of such laws.
    Thank you for your interest in Product Evaluations, we hope you find the ProductEvaluations.com Web site helpful and convenient to use! If you have any questions or concerns about how your personal information will be treated as you make use of this Web site, please take a moment to read our Privacy Policy. Questions or comments regarding this Web site should be directed by e-mail to customercare@ProductEvaluations.com, or by telephone to (630) 230-3200, or by U.S. mail to Product Evaluations, Inc., Customer Service, 708 Enterprise Drive, Oak Brook, IL 60523.