For participation in the Dental Research Specialists Dentist and Hygienist Panels(“Terms and Conditions”)
To become a member of the Dental Research Specialists “Dentist Dispatch”, or “The Hygiene Collective” Panel (the “Panel”), the dental professional panel of Dental Research Specialists, run by MSG Minnesota Inc. (“MSG”/”we”), you need to be a licensed dental professional, resident of the United States, be 21 years old or over, and accept these Terms and Conditions (the “Panelist”/”you”). We offer our Panelists the chance to participate today in the testing and evaluation of tomorrow’s services and products and express your opinions on a wide range of issues. Your voice represents the voice of thousands!
THIS AGREEMENT CONTAINS A BINDING ARBITRATION PROVISION AT SECTION 16—PLEASE READ IT CAREFULLY AS IT AFFECTS YOUR RIGHTS.
MSG Minnesota Inc. is a Minnesota C-Corporation having an office at:
3356 Sherman Court Suite 103
Eagan, MN 55121
- Joining the Panel
- Use of Your Personal Information
- Email Policy
- Registration of Background Information
- How Does the Panel Work?
- Acceptable Use and Participation
- Rewarding You for Answering Online Surveys
- Cookies, Digital Fingerprinting, Device Data, and Other Information on Your Device
- Confidentiality Notice
- Intellectual Property
- Indemnity and Limitation of Liability
- Dispute Resolution Arbitration
- Participation Conditions
- Termination/Inactivation of Membership
- Contact Us
1. Joining the Panel
Subject to the requirements mentioned above, everybody is free to apply for membership in the Panel. Nevertheless, we reserve the right to deny membership, without any requirement to justify such a denial.
2. Use of Your Personal Information
The information collected about you will be treated in the strictest confidence and in accordance with all applicable laws, regulations and rules including those relating to privacy and personal data as well as our privacy and cookie policies.
As part of this undertaking, we promise that:
- Other than in relation to this Panel, we will not try to sell you any products or services or pass your personal information to any third parties to individually target you for marketing or sales purposes.
- Your individual responses to surveys will remain confidential and will only be grouped with other confidential responses, unless you explicitly consent otherwise.
- Refusal to answer a particular question in a survey you are invited to or refusal to participate in a survey will have no consequences with regard to your membership.
- You can ask to be removed from the Panel and end your membership at any time.
- You are entitled to request correction or deletion of your personal information and the information you provide about you or your household at any time.
- You have the right to request a copy of your personal information that we hold at any time.
- You have the right to opt out of the sale of your personal information if you reside within the state of California, Call (612) 392-3022
3. Email Policy
As you have voluntarily registered in the Panel and confirmed your e-mail address, you should not mark emails or other communication received from us as spam or unsolicited communication, and you might be responsible for any resulting damage to MSG.
Depending on your mail-box security settings, the survey invitations you receive from us might be directed to your bulk / junk mail or similar folder. To avoid this, please add the firstname.lastname@example.org address to your address book.
4. Registration of Background Information
With respect to the statistical analyses that MSG delivers to its clients, MSG needs certain practice information about you, including confidential information, for instance, number of dentists in the practice, number of hygienists in the practice.
Providing MSG with this practice information is a condition for participation in any surveys as it would otherwise not be possible for us to determine whether your participation in any survey would meet such survey’s criteria.
During the registration process and during your participation in our research surveys, you agree to provide only true, accurate, and complete information and agree to update the Panel account related information that you supplied to ensure it remains up to date and accurate.
5. How Does the Panel Work?
Panelists will receive relevant survey invitation links by e-mail, SMS, or other electronic communication from MSG via email@example.com. There is no obligation for you to answer such surveys. Each survey is only to be answered once. Please do not mark e-mails from firstname.lastname@example.org as spam, as explained in the previous section. MSG is not bound to send surveys to all Panelists for each new survey; nor can MSG guarantee a minimum or a maximum number of surveys per year.
MSG has taken high data safety measures. Still, should any viruses appear in the e-mails sent to you, MSG is not liable for the consequences that such cases may entail and thus no compensation may be claimed from MSG for this.
6. Acceptable Use and Participation
When made available, as a Panelist you will also have access to the member community and other social interaction features. You understand that any messages, opinions, information, pictures, or any other materials posted by you or other panelists are the sole responsibility of the person who posted the material.
You agree that you will not post or upload any material that:
- Is illegal. This includes content or any messages that promote or discuss illegal activities or encourages others to commit them.
- Is abusive, obscene, or hateful. This includes language, information, or images. Masked swearing (e.g. “f__k”) is considered the equivalent of the actual swear word.
- Is threatening, harassing, libelous, or defamatory either between Panelists or directed towards an MSG moderator or other MSG employee.
- Is inciting hate or violence.
- Is bigoted, racially, ethnically, sexually, or otherwise offensive.
- Is an inappropriate political or religious message.
- Is aimed at advertising or marketing any goods or services.
- Contains viruses, corrupted files, “Trojan Horses,” or any other malicious code.
- Contains your personal information or the personal details of other people.
- Is owned by or under the copyright of someone else.
It is important to note that MSG does not pre-screen any information posted by panelists.
However, MSG reserves the right to remove any content that is posted, be this via the polls tool or other interactive features we may make available to Panelists at any time.
7. Rewarding You for Answering Online Surveys
Each time you complete a survey before the deadline, you will receive the specified honorarium. The type and size of the honorarium will vary per the survey difficulty, length, or other similar elements. Your participation in MSG panel surveys (the “Research”) is based on your desire to share opinions and provide feedback. Any consideration that is paid to you for participation in the Research is not calculated based on time spent by you. Likewise, any consideration that is paid to a respondent for participation is not pro-rated on an hourly basis or otherwise. You acknowledge and agree that you are voluntarily participating in the Research, without control or direction of MSG and exercising independent judgment and discretion.
When the necessary number of Panelists have answered a survey, or you do not actually fit the profile, MSG or its clients have the right to end the survey at any stage and not collect further answers. In such a situation and depending on the stage reached in any survey, a reduced incentive may be awarded.
8. Cookies, Digital Fingerprinting, Device Data, and Other Information on Your Device
We aim to:
- Ensure that the survey is delivered in a form suited to your device.
- Assist in providing support to you should you have difficulty accessing or completing a survey.
- Use anonymized information whenever possible for research purposes. For example, to determine the percentage of Panelists that use a certain type of browser in a specific country.
We may also use digital fingerprinting technology, also known as “Machine Identification” digital fingerprints, to gather certain information about your device hardware and software.
Device Data and Other Information on Your Device
We may also use certain information about the hardware and software present on your device for quality control and fraud prevention purposes.
We also automatically capture information about your IP address, location data, operating system, screen display settings, browser type, use of Flash and Java, and whether your device has a web cam.
9. Confidentiality Notice
As a research participant, you may be asked to review new concepts, products and packaging that are still in development and as such not known to the dental professional market . You may come in contact with, be allowed to see, use, or otherwise have access to certain non-public, confidential, proprietary, or trade secret information or material that are the sole and exclusive property of our relevant client, including, without limitation, information with respect to the client products (collectively, “Confidential Information”). You must not copy, print, store, forward, or disclose to anyone by any means, the Confidential Information you will have access to, and must not use the Confidential Information for other purpose than the purpose it was disclosed to you.
10. Intellectual Property
MSG shall own and retain exclusive ownership of its trademarks, logos, copyrights, any content of its website, and other intellectual property rights (“MSG IP”). You may not use or reproduce any of the MSG IP without MSG’s prior written consent. Nothing in these Terms and Conditions shall be construed as granting you any license, right, title, or interest in any MSG IP, or any patent, trademark, copyright, know-how, or similar right now or hereafter owned or controlled by MSG.
11. Indemnity and Limitation of Liability
You agree to indemnify, defend, and hold harmless MSG Minnesota Inc. and each of its respective officers, partners, clients, managers, employees, agents, and attorneys from and against any and all liabilities, claims, actions, suits, proceedings, judgments, fines, damages, costs, losses, and expenses (including reasonable legal fees, court costs, and/or settlement costs) arising from or related to:
- your membership within the Panel
- your participation within research surveys conducted by MSG
- any third party claims, or
- any breach by you of these Terms and Conditions.
Any unlawful or disparaging action caused by you during your membership within the Panel or your participation within research surveys conducted by MSG, that may be considered a violation of criminal and/or civil law shall entitle MSG to seek all remedies in this regard to the full extent permitted by law and in equity. MSG disclaims any warranties, express and implied, related to your membership within the Panel and to your participation within research surveys conducted by MSG and MSG shall have no liability whatsoever (including without limitation liability for any indirect, special, incidental, or consequential damages), to you or any third party, for your membership within the Panel and your participation within research surveys conducted by MSG.
You will release and forever discharge MSG, MSG’s clients, each of their affiliated companies, and each of their respective officers, directors, shareholders, employees, and agents from and against all claims, lawsuits, causes of action, demands, losses, liabilities, obligations, judgments, damages, costs, and expenses of any kind (including reasonable attorneys’ fees) (“Losses”) arising directly or indirectly out of any injury, death, property damage, or other damage sustained or allegedly sustained by you resulting from the distribution, sale, consumption, or use of or contact with a product in connection with any product test and evaluation research. This does not apply to any Losses which may be caused by MSG’s client’s or MSG’s gross negligence or any liability by them under applicable product liability or consumer protection legislation.
12. Dispute Resolution Arbitration
PLEASE READ THIS ARBITRATION PROVISION (THE “AGREEMENT”) CAREFULLY. IT AFFECTS YOUR RIGHTS, AND THE RIGHTS OF THOSE TO WHOM YOU PROVIDE ACCESS TO YOUR ACCOUNT.
Except as expressly provided below, you and MSG agree that to the fullest extent permitted by applicable law, any dispute arising out of or relating in any way to the relationship between you and MSG and its affiliates, including, but not limited to, disputes arising out of or relating to this Agreement or a similar prior Agreement, the Panel, or your Account (including matters occurring prior to the date of this Agreement and disputes with third parties) (collectively, “Claims”) will be resolved by binding arbitration. Further, all disputes or questions relating to arbitrability, such as questions as to the validity, formation, scope, and enforce-ability of this Agreement are expressly and conclusively delegated to the arbitrator for resolution. The right and obligation to arbitrate under this section shall extend to all Claims, including those against or involving third parties such as MSG’s or its affiliates’ officers, directors, employees, agents, shareholders, members, partners, subsidiaries, joint ventures, or contractors, all of whom or which are intended third-party beneficiaries of this Agreement.
Except as expressly provided herein, any arbitration will be conducted pursuant to the applicable rules (the “Arbitration Rules”) of the American Arbitration Association (“AAA”).
Should the AAA be unavailable, unable, or unwilling to accept and administer the arbitration of any claim under these arbitration provisions as written, the parties shall agree on a substitute arbitration organization, such as the Judicial Arbitration and Mediation Services (“JAMS”), that will enforce the arbitration provisions as written pursuant to its rules. The parties will select a single arbitrator by mutual agreement or, if the parties cannot agree, in accordance with the Arbitration Rules. The arbitrator will be a practicing attorney with over ten (10) years’ experience in litigating and/or presiding over cases involving the substantive legal areas involved in the dispute. The arbitrator shall apply applicable law to all claims and defenses and shall be authorized to award any and all relief permitted by law to the party that prevails on any or all such claims or defenses.
The parties shall have an opportunity to conduct discovery sufficient to present a meaningful prosecution or defense of the claims. The arbitrator must issue his or her award in writing, setting forth in summary form the factual findings, evidence cited and reasons for the arbitrator’s determination. To the extent permitted by the Arbitration Rules and applicable law, the arbitrator shall have the authority to issue an award or partial award without conducting a hearing on the grounds that there is no claim on which relief can be granted or that there is no genuine issue of material fact to resolve at the hearing, consistent with Rules 12 and 56 of the Federal Rules of Civil Procedure.
The arbitration will be concluded within three months of the date the arbitrator is appointed. Either party may appeal an award in excess of $75,000 to a three-arbitrator panel administered by the AAA and selected according to the AAA Appellate Rules by filing a written notice of appeal within thirty (30) days after the date of entry of the arbitration award, which notice will be contemporaneously served on the other party. Because the Agreement memorializes a transaction in interstate commerce, the United States Federal Arbitration Act governs the interpretation and enforcement of these arbitration provisions. More information about arbitration, including the Arbitration Rules, is available at www.adr.org or by calling 1-800-778-7879.
The following matters will not be subject to arbitration but will instead be adjudicated in the appropriate court of the state in which you reside at the time the action is filed: (a) actions to enforce intellectual property rights; (b) any claim or dispute for which applicable law (as determined by a binding appellate court decision) or the applicable arbitration rules do not permit arbitration and require adjudication in a civil court; and (c) at your election, any claims that fall within the jurisdiction of an applicable small claims court in the jurisdiction where you reside may be brought in such court.
You also agree that, to the fullest extent permitted by law: (a) CLAIMS MAY ONLY BE BROUGHT IN AN INDIVIDUAL, NON-CLASS, AND NON-REPRESENTATIVE CAPACITY, AND THAT CLAIMS OF TWO OR MORE PERSONS MAY NOT BE JOINED OR CONSOLIDATED ABSENT CONSENT OF ALL PARTIES; (b) NO CLAIMS MAY BE BROUGHT ON A CLASS, COLLECTIVE, OR OTHER REPRESENTATIVE CAPACITY; and (c) YOU AND IPSOS HEREBY WAIVE THEIR CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JURY, EVEN FOR DISPUTES NOT SUBJECT TO ARBITRATION.
You can opt out of this arbitration agreement by timely writing to 3356 Sherman Court, Suite 103, Eagan, MN 55121 and providing the following information: (1) name; (2) address; (3) phone number; and (4) a clear statement that you wish to opt out of this arbitration agreement. To be effective, the opt-out notice must be mailed no later than 30 days after the date you become bound by the arbitration agreement by accepting these “Terms and Conditions.” Please note that you will continue to be bound by any older arbitration provision you did not out opt of and any other arbitration provision that might otherwise govern the Claims.
If any provision of this arbitration agreement is found unenforceable, the unenforceable provision shall be severed, and the remaining arbitration terms shall be enforced, except that if the class, collective, or representative action waiver above is determined to be unenforceable, then the entire arbitration agreement shall be void, except that the jury waiver provision shall remain intact.
13. Participation Conditions
MSG reserves the right, at any time, to change these “Terms and Conditions”. We will inform you of any updates via the FAQ section of the Panel members’ website. From time to time, we may contact you by e-mail for account administration purposes, as well as through e-mail newsletters or special announcements containing key information related to your Panel membership activity and key Panel updates (“Membership Updates”).
We may also send you email communication about (i) honorarium that you may be eligible for through your participation in our surveys, and (ii) new Panel engagement campaigns that we have regarding (new) Panel rewards and/or redemption (collectively named “Engagement Updates”). Receiving any of these Engagement Updates is optional and you can separately opt-out from Engagement Updates at any time by using the unsubscribe link provided in those emails.
In some cases, individual surveys may be subject to additional conditions of which you will be made aware at the beginning of such survey. You will be under no obligation to accept such additional conditions, however, this may affect your eligibility for such survey.
14. Termination/Inactivation of Membership
You may request at any time for your membership to be terminated. You may do this either by sending an email to email@example.com. Please note that it may take up to seven (7) days to fully process your request and remove your information from all of our systems, so you may still receive the occasional email from MSG during this time.
MSG reserves the right to delete inactive Panelists from the Panel. This means terminating a Panelist’s membership if the Panelist does not have any Panel activity at all or does not respond to any survey invitation (by clicking any survey link) for more than six (6) months. MSG will inform you of such termination.
These Terms and Conditions are governed by the laws of the state of Minnesota without regard to its conflict of laws principles, and the parties consent to the exclusive jurisdiction of the state and federal courts located in Hennepin County, Minnesota with respect to any disputes arising out of or related to these Terms and Conditions.
16. Contact Us
For more information about our panels, Panel membership or information related to your membership of one of our panels, please contact our Panel Support Team. They can be contacted by:
Email sent to: firstname.lastname@example.org with “Dentist Dispatch or The Hygienist Collective” as subject line
Or by letter sent to:
Ref: Dentist Dispatch or The Hygiene Collective Panel
Panel Support Team
MSG Minnesota Inc.
3356 Sherman Court, Suite 103
Eagan, MN 55121