Terms and Conditions
The Hawai'i Panel® is owned by Ward Research, Inc., a professional market research firm located in Honolulu, Hawai'i. The contents of all material available on this website are copyrighted by Ward Research, Inc., unless otherwise indicated.
All rights are reserved by Ward Research, Inc. Site content may not be reproduced, downloaded, disseminated, published, or transferred in any form or by any means, except with the prior written permission of Ward Research, Inc.
The Hawai'i Panel and its rewards program is subject to compliance with the terms and conditions of this Member Agreement ("Member Agreement").
Please read this Member Agreement carefully before registering for The Hawai'i Panel. By registering for The Hawai'i Panel and participating in its rewards program, you agree to the following terms and conditions set forth below, as if you had actually signed them.
By agreeing to the terms and conditions set forth below, you acknowledge and agree that this Member Agreement is a legally binding contract between you and The Hawai'i Panel. The Hawai'i Panel may modify the terms and conditions in this Member Agreement as described below. You agree to periodically review the Member Agreement to familiarize yourself with such modifications.
By completing the registration process, you become a member of The Hawai'i Panel and an authorized user of The Hawai'i Panel’s rewards program.
- Membership to The Hawai'i Panel is limited to individuals only; corporations or other business entities may not register for membership.
- The Hawai'i Panel rewards program is limited to one account per individual, even if an individual has multiple e-mail addresses.
- Employees of Ward Research, Inc. and members of their household are not permitted to register for membership to The Hawai'i Panel.
- Automated services, scripts, or other machines are not eligible. Members using automated services, scripts, or other processes to participate in The Hawai'i Panel online surveys may have their accounts terminated at The Hawai'i Panel’s sole discretion.
- Member must be 14 years of age or older to be eligible for The Hawai'i Panel and its rewards program. In instances where The Hawai'i Panel may wish to survey individuals in a household under the age of 14, correspondence will be made through registered members of The Hawai'i Panel.
- Member must be a legal resident of the United States, Puerto Rico, Guam or U.S. Virgin Islands; and reside in the state of Hawai'i for at least 6 months per year to be eligible for The Hawai'i Panel’s rewards program.
B. Member Obligations
- In order to participate in The Hawai'i Panel, member needs computer equipment and must have access to the Internet. Member must provide, at member's own expense, all equipment, all services, and all related third-party service fees (such as ISP charges) necessary to access The Hawai'i Panel.
- As a Member of The Hawai'i Panel and its rewards program, Member agrees to provide to The Hawai'i Panel true, accurate, current, and complete information as prompted by this Web site's online registration form (the "Registration Data") and agrees to maintain and promptly update the Registration Data as necessary in order to keep it true, accurate, current, and complete. If Member provides any information that is untrue, inaccurate, not current, or incomplete, The Hawai'i Panel may suspend or terminate Member's account immediately and may refuse Member all current or future use of The Hawai'i Panel and its rewards program.
C. Password and Account Access
- In order to participate in The Hawai'i Panel, Member must select a password as part of the registration process.
- Member must give The Hawai'i Panel his/her e-mail address and selected password in order to update Member profile information, update personal information (name, e-mail address, etc.) and redeem reward points. Member is responsible for keeping his/her e-mail address and password confidential, and is solely responsible for all activities that occur under Member's e-mail address and password, including all unauthorized activities.
- Member agrees to immediately notify The Hawai'i Panel of any unauthorized use of Member's e-mail address and password or any other breach of security related to this Web site or The Hawai'i Panel’s rewards program.
- Member agrees to abide by all applicable local, state, federal, and international laws and regulations with respect to Member's account.
The Hawai'i Panel’s Password and Account Access Rights and Responsibilities:
- The Hawai'i Panel will encrypt Member's password on the database.
- The Hawai'i Panel is entitled to act on instructions received under Member's password and e-mail address.
- The Hawai'i Panel cannot and will not be liable for any adjustment made to Member's account by another individual who uses Member's password, or for any loss or damage arising from Member's failure to adequately safeguard Member's e-mail address and/or password.
D. Value of The Hawai'i Panel Points (“Points”)
Points are not transferrable:
- It may not be auctioned, traded, bartered or sold.
- It is not transferable...
- upon death.
- by gift.
- as part of a domestic relations matter.
- or otherwise, except by operation of law.
- Member accounts may not be merged under any circumstances.
- Member accounts are not transferable...
- upon death.
- by gift.
- as part of a domestic relations matter.
- or otherwise, except by operation of law.
- It may not be auctioned, traded, bartered or sold.
- It is not transferable...
- Member agrees to accept personalized information, offers and invitations to answer surveys from The Hawai'i Panel or its third-party clients ("Clients") or its third-party sponsors ("Sponsors") via electronic mail, the Internet and direct (physical) mail.
- Member can earn Points each time Member participates in a market research survey.
- The amount of Points that can be earned will be stipulated in each invitation.
- Member acknowledges that he/she may not be eligible to receive invitations to certain surveys.
- On occasion, The Hawai'i Panel, Clients and Sponsors may allow Member to earn additional Points via special earning opportunities.
- The amount of Points offered for special earning opportunities will be stipulated in each special earning opportunity announcement.
- Member must comply with the terms of each special earning opportunity to earn any such additional Points.
- Member acknowledges that he/she may not be eligible to receive certain earning opportunities.
E. Participation in Surveys and Special Earning Opportunities
- Member's participation in The Hawai'i Panel, client and sponsor surveys is solely at Member's discretion. The Hawai'i Panel will not be in any way responsible for personally identifiable information that Member may voluntarily share with client or sponsor in the course of answering a survey or participating in a special earning opportunity. The Hawai'i Panel shall also not be a party to, or in any way responsible for, any contractual arrangements or other transactions that occur between Member and a client or sponsor.
- Member is responsible for complying with any rules or terms set forth by client or sponsor.
- The Hawai'i Panel assumes no liability, obligation, or responsibility for the transactions between Member and client or sponsor, including but not limited to:
- Fulfillment and timeliness of delivery of client or sponsor goods or services.
- Security associated with credit card or other transactions directly initiated by Member with client or sponsor.
- Maintenance of privacy of any personal information given by Member directly to client or sponsor.
- Member agrees that The Hawai'i Panel shall not be responsible or liable for any loss or damage of any sort incurred as the result of any direct dealings between Member and clients or sponsors, or as the result of the presence of such clients or sponsors on this Web site or via The Hawai'i Panel rewards program.
- Member agrees to participate in surveys under one email address only. In addition, Member agrees to never take a single survey multiple times.
- Member agrees that all information provided on their registration form is accurate and honest. Member also agrees to never provide false information on a survey and that all questions will be read and answered honestly.
- Member agrees to not disclose to others, or use for any purpose other than for the performance of the studies, any information relating to the products, concepts or ideas disclosed during the studies.
F. Redeeming Points
- Once Member has accrued the minimum amount of Points required to make a redemption, Member may redeem his/her accrued Points for Rewards ("Reward") as outlined on the "My Rewards" web page after logging into your account.
- The Rewards represented on the page, and the threshold level, are subject to change by The Hawai'i Panel at any time and without prior notice.
- Member may redeem Points on the "My Rewards" section of this Web site after logging in to the site.
- Member redemptions for Rewards offered by The Hawai'i Panel Sponsors and third-party Reward Partners ("Reward Partners") are limited. Members may view Reward redemption rules on The Hawai'i Panel web site.
- Member agrees not to sell, resell, auction, trade or barter Rewards obtained with The Hawai'i Panel Currency.
G. Expiration of Points
- Unless otherwise noted, points are added to your account once a research project has completed and expires one year (12 months) after such points were earned. For example, if you earn points on December 15, 2021, they will expire on December 15, 2022. The oldest accrued points will be used first for redemptions.
- At The Hawai'i Panel' sole discretion, The Hawai'i Panel may choose to change the enforcement of the expiration of a Member's point balance.
H. Proprietary Rights to Content
- Member agrees that title, ownership rights, and other intellectual property and proprietary rights in The Hawai'i Panel shall remain in The Hawai'i Panel and/or its licensors and suppliers.
- Member acknowledges that the content of this Web site and The Hawai'i Panel’s rewards program --- such as text, sound, photographs, graphics, software or other material contained on The Hawai'i Panel Web site; as well as sponsor, client or reward partner electronic mail communications, services or software --- is copyrighted by The Hawai'i Panel and/or its licensors and suppliers under United States and international copyright laws, is subject to other intellectual property and proprietary rights and laws, and is owned by The Hawai'i Panel or its licensors and suppliers. Such content may not be copied, modified, reproduced, republished, posted, transmitted, sold, offered for sale, or redistributed in any way without the prior written permission of The Hawai'i Panel. Member must abide by all copyright notices, information, or restrictions contained in or attached to any such content.
- Member agrees not to use The Hawai'i Panel rewards program or this Web site to:
- Violate any local, state, national or international law;
- Stalk, harass, or harm another individual;
- Collect or store personal data about other Members;
- Impersonate any person, or otherwise misrepresent Member's identity;
- Interfere with, disrupt or violate the terms and conditions and operating rules of The Hawai'i Panel rewards program; including all servers or networks connected to The Hawai'i Panel and its rewards program;
- Interfere with another Member's use of The Hawai'i Panel rewards program;
- Attempt to gain unauthorized access to The Hawai'i Panel or its rewards program, or to other accounts, computer systems, or networks connected to The Hawai'i Panel;
- Transmit any file that contains viruses, worms, Trojan horses, or any other contaminating or destructive features;
- Use The Hawai'i Panel reward program to conduct any activity or solicit the performance of any illegal activity or other activity that infringes the rights of others;
- Resell, barter, trade, auction or otherwise generate income by providing access to The Hawai'i Panel or reward program points to others.
- The Hawai'i Panel reserves the right to withhold awarding The Hawai'i Panel reward points to Member if Member's survey responses are judged, by The Hawai'i Panel at its sole discretion, to be untruthful or not well considered.
This Member Agreement commences upon Member's completion of the registration process. This Member Agreement, and your account, may be terminated as follows:
- Member may self-terminate membership in The Hawai'i Panel with or without cause at any time. Member's termination of The Hawai'i Panel membership is effective upon Member terminating his/her membership on this Web site.
- The Hawai'i Panel may terminate this Member Agreement, Member's password, account or use of The Hawai'i Panel rewards program, and remove and discard any Member content at its sole discretion --- effective immediately and without prior notice --- for any reason, including failure to provide accurate Registration Data; failure to provide accurate or truthful survey responses; sale, resale, auction, barter, or trade of The Hawai'i Panel reward points; or if The Hawai'i Panel believes that Member has violated or acted inconsistently with this Member Agreement.
- If Member sells, resells, auctions, barters or trades The Hawai'i Panel reward points, The Hawai'i Panel reserves the right to use Members' name, address, e-mail address, and/or telephone number to halt the improper transaction. This includes, but is no limited to, contacting online auction services to discontinue auctions for The Hawai'i Panel reward points.
- Upon termination by either Member or The Hawai'i Panel:
- The Hawai'i Panel may immediately deactivate or delete Member's account and all related information and files and/or bar any further access to such files or The Hawai'i Panel rewards program.
- Member's right to participate in surveys and to use The Hawai'i Panel’s rewards program ceases immediately.
- Member agrees to forfeit any unredeemed The Hawai'i Panel rewards points upon termination.
- Should Member object to any of the terms or conditions of this Member Agreement or any subsequent modifications or become dissatisfied with The Hawai'i Panel’s rewards program, Member's only recourse is to:
- Immediately discontinue use of The Hawai'i Panel rewards program, and
- Properly terminate membership in The Hawai'i Panel.
- Member agrees that The Hawai'i Panel shall not be liable to Member or to any third party for any termination of Member's account or Member's access to The Hawai'i Panel’s rewards program.
Member agrees to indemnify and hold harmless The Hawai'i Panel and its subsidiaries, predecessors, successors, affiliates, officers, directors, employees, agents, licensors, suppliers, co-branders, third-party providers, Clients, Sponsors, Reward Partners or other partners, from and against any and all claims, losses, costs (including court costs), fees (including attorney's fees), damages and expenses that such parties may incur as a result of, due to, or arising out of the violation by Member (or anyone acting under Member's account or password) of this Member Agreement or the use or misuse of The Hawai'i Panel by Member (or anyone acting under Member's account or password), or the violation of any rights of another by Member (or anyone acting under Member's account or password).
K. Modifications to Terms & Conditions
- The Hawai'i Panel reserves the right to modify this Member Agreement at any time without prior notice. It is a Member's responsibility to review the Member Agreement from time to time and stay familiar with this Member Agreement.
- The Hawai'i Panel may discontinue, add to, or revise any or all aspects of The Hawai'i Panel’s rewards program at its sole discretion and without notice. Sponsors and reward partners may be added, deleted, changed or modified at any time at The Hawai'i Panel's sole discretion.
- If Member objects to any changes, Member's sole recourse shall be to cease using The Hawai'i Panel’s rewards program. Member's continuing use of The Hawai'i Panel’s rewards program after notification of any such change(s) constitutes conclusive evidence of Member's acknowledgement of the modification to this Member Agreement and Member's agreement to be bound by such change(s).
- Any new or additional features of The Hawai'i Panel Program shall be subject to this Member Agreement.
L. Disclaimer of Warranties
- Member agrees that use of The Hawai'i Panel Web site is solely at the risk of the Member.
- The Hawai'i Panel and all services offered therein are provided on a strictly "as is" and "as available" basis, without representation or warranty of any kind.
- Neither The Hawai'i Panel nor its third-party partners make any warranty, express or implied:
- With regard to any products, services, or gifts obtained by Members through The Hawai'i Panel or through Clients, Sponsors or Reward Partners.
- That The Hawai'i Panel will meet Member's requirements.
- That The Hawai'i Panel will be uninterrupted, timely, free of errors or without defects.
- As to the results a Member may obtain by using the The Hawai'i Panel.
- As to the accuracy or reliability of any information obtained via The Hawai'i Panel.
- The Hawai'i Panel expressly disclaims any and all express, implied and statutory warranties regarding The Hawai'i Panel, information, services or goods provided by or through The Hawai'i Panel (other than those incapable of exclusion under the laws applicable to this Member Agreement), including, but not limited to:
- The implied warranty of merchantability;
- The implied warranties of fitness for a particular user or purpose; and
- The Hawai'i Panel cannot and shall not be liable or responsible for those guarantees, warranties and representations, if any, offered by Clients, Sponsors, Reward Partners, manufacturers of merchandise or suppliers of services.
- No advice or information, whether oral or written, obtained by a Member from The Hawai'i Panel or via the The Hawai'i Panel Web site shall create any warranty not expressly made herein.
M. Limitations of Liability
- Member understands that all goods and services offered through The Hawai'i Panel’s rewards program are offered by third parties, and that The Hawai'i Panel does not operate, control or endorse any information, goods or services in any way.
- Member understands that clients, sponsors and reward partners may place restrictions on the use of goods and services offered through The Hawai'i Panel’s rewards program.
- Neither The Hawai'i Panel nor its officers, directors, stockholders, subsidiaries, employees, agents, licensors, affiliates, or other third-party providers shall be held liable for any damages or losses resulting from:
- The use of products or services available through The Hawai'i Panel’s rewards program;
- The cost of procurement of substitute goods or services;
- Any transaction entered into or through The Hawai'i Panel with a client or sponsor;
- The reliance on or use of any information, goods, services or merchandise provided on The Hawai'i Panel’s rewards program;
- Unauthorized access to or alteration of Member's transmissions or data;
- Statements or conduct of any third party;
- Any claim attributable to errors, omissions or other inaccuracies in The Hawai'i Panel’s rewards program and/or materials or information retrieved through The Hawai'i Panel; or
- Any other matter relating to The Hawai'i Panel rewards program or this Member Agreement.
- Because some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages, some of the above limitations and disclaimers may not apply to Member. Member's rights vary from jurisdiction to jurisdiction. To the extent that we may not, as a matter of applicable law, disclaim any implied warranty, the scope and duration of such warranty shall be the minimum permitted under such applicable law.
- Member acknowledges and agrees that The Hawai'i Panel neither endorses the contents of any electronic mail or Internet communications nor shall be held responsible or liable for:
- The accuracy of material contained in outside electronic mail, Internet, or other communications.
- Any infringement of third-party intellectual property rights arising from electronic mail, Internet, or other communications.
- Any fraud or other crime facilitated by electronic mail, Internet, or other communications.
- Member agrees that The Hawai'i Panel is not liable to Member or to any third party for any modification, suspension or discontinuance of any part or all of The Hawai'i Panel’s rewards program, including changes or discontinuances of service from particular providers to the The Hawai'i Panel’s rewards programs, which may affect the amount of reward points offered for survey participation or the accrual of reward points.
N. Laws and Arbitration
- The Member Agreement and any dispute of any kind that arises with The Hawai'i Panel shall be governed by the laws of the State of Hawai'i without regard to the principles of conflicts of laws.
- The Member Agreement constitutes the complete, final and exclusive understanding between The Hawai'i Panel and Member relating to the subject matter hereof and governs Member's use of The Hawai'i Panel Web site, superseding all prior or contemporaneous understandings, agreements and/or communications with respect to such subject matter.
- Member may be subject to additional terms and conditions that may apply when Member obtains or uses third-party content, third-party software or goods and services provided by or through Clients, Sponsors, Reward Partners or other third-party partners of The Hawai'i Panel.
- If any provision(s) of the Member Agreement is (are) held by a court of competent jurisdiction to be invalid, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties, and all other provisions shall remain in full force and effect. The Hawai'i Panel and Member agree that all lawsuits or proceedings arising out of this Member Agreement; the enforceability, interpretation, or questions concerning the arbitration provisions set out below; or out of Member's use of The Hawai'i Panel Web site shall be brought in the State or Federal Courts located in the City and County of Honolulu, Hawai'i, and the parties hereby irrevocably submit to the exclusive personal jurisdiction of such courts for such purpose.
- The Hawai'i Panel's failure to exercise or enforce any right or provision of this Member Agreement shall not constitute a waiver of such right or provision unless acknowledged and agreed to by The Hawai'i Panel in writing.
- Member agrees that notwithstanding any statute or law to the contrary, any claim or cause of action arising out of or related to the use of The Hawai'i Panel Web site or this Member Agreement must be filed within one (1) year after the claim or cause of action arose or be forever barred.
- Neither the course of conduct between the parties nor trade practice shall act to modify any provision of this Member Agreement.
- The Hawai'i Panel may assign its rights and delegate its duties under this Member Agreement to any party at any time without notice to Member.
- All headings in this Member Agreement are for convenience only and have no legal effect.
- Any dispute arising under or in respect of this Member Agreement may, at the election of either Member or The Hawai'i Panel, be resolved through binding arbitration in the City and County of Honolulu, Hawai'i, in front of a single arbitrator in accordance with the Commercial Arbitration Rules of the American Arbitration Association. The Hawai'i Panel agrees to pay all arbitrator fees.
- In the event Member or The Hawai'i Panel elects to resolve any claim or dispute between them by arbitration, neither Member nor The Hawai'i Panel shall have the right to litigate that claim in court or to have a jury trial on that claim. Even if all parties have opted to litigate a claim in court. Member or The Hawai'i Panel may elect arbitration with respect to any claim made by a new party or any new claims later asserted in that lawsuit, and nothing undertaken therein shall constitute a waiver of any rights under this arbitration provision.
- Neither Member nor The Hawai'i Panel shall be entitled to join or consolidate claims in arbitration by or against other Members with respect to other accounts, bring mass or consolidated claims in arbitration, or arbitrate any claim as a representative or member of a class or in a private attorney general capacity.
- The arbitrator shall only have the authority to resolve individual disputes between Member and The Hawai'i Panel.
- The Federal Arbitration Act ("FAA") shall govern this provision. The arbitrator shall follow applicable substantive law to the extent consistent with the FAA, applicable statues of limitation, and shall honor all claims of privilege recognized at law.
- Arbitration proceedings are confidential, unless all parties agree otherwise. Arbitration orders and awards are not confidential and may be disclosed by the parties. A party who improperly discloses confidential information shall be subject to sanctions. The arbitrator and forum may disclose case filings, case dispositions, and other case information as required by a court order.
The Hawai'i Panel may deliver notices to Member by prepaid certified mail, return receipt requested at the address in The Hawai'i Panel registration database, or via electronic mail at the electronic mail address in The Hawai'i Panel registration database; any such notice shall be deemed effectively given upon delivery. Member may give notice to The Hawai'i Panel by prepaid certified mail, return receipt requested at the following address: 828 Fort Street Mall, Suite 210, Honolulu, Hawai'i, 96813, Attention: Legal Department, and any such notice shall be effective upon receipt.
Links to any other Web site or Internet location on The Hawai'i Panel Web site are for Member's convenience only and do not signify The Hawai'i Panel's endorsement of such other site or location or its contents. The Hawai'i Panel shall not be liable for any information, software or links found at any other Web site, Internet location or source of information, or for Member's use of such information, software or links.
Q. Trademark Information
The Hawai'i Panel® and The Hawai'i Panel logo are trademarks of Ward Research, Inc. Other third-party trademarks, service marks, logos and trade names appearing on this Web site or through The Hawai'i Panel rewards program are the property of their respective owners.