Terms and Conditions

Physicians Advisory Council®'s mailing address is 604 Avenue H East, Arlington, TX 76011. The email address is ataylor@physicianscouncil.com. The main telephone number is (817) 640-6166, the telephone number within the U.S. is (817) 649-5240, and the fax number is (817) 640-6567.

• A. Non-Compliant—If a Member does not maintain a correct email address at the Physicians Advisory Council® Site, that Member's status becomes Non-Compliant. Even if a correct email address is maintained by Member at the Site, if Member does not respond to the Site emails or survey invitations for a period of 18 consecutive months or on thirty (30) consecutive occasions, whichever comes first, the Member's status will become Non-Compliant, as explained in section 8.I.
• B. Incentives—A term that refers to any and all awards, cash, prizes, credits, or Points that may be offered to Members as inducements to participate in Research Projects. Cash or gift awards will be mailed to the Member's mailing address.
• C. Member—An individual who has completed the Physicians Advisory Council® Site registration form and signaled acceptance of this Terms and Conditions Agreement by clicking on the "I Agree" button and/or by usage of the Site and by participation in Research Projects.
• D. Compliant Member—A Member who maintains a current and accurate email address in his/her Member Account at the Site and responds to at least one email, screener, or survey invitation within a period of 18 consecutive months, as explained in section 8.I.
• E. Member Account—The account created by registering at the Site and accepting this Terms and Conditions Agreement.
• F. Research Projects—This term refers to any activities, tasks, or assignments that Members may be asked to perform, including screeners, surveys, group discussions, ideation projects, innovation projects, mystery shopping, store visits, etc.

You agree that all of your transactions with the Site (and the Site's transactions with you) will be conducted by email or similar electronic communications (this is imperative because the economics of online panels simply do not permit communication by regular mail or telephone). If you need to contact us by phone, or if we need to contact you, you agree that phone conversations (if any) may be recorded. Regardless of method of transaction or contact, all of the terms of this Agreement remain the same. You agree to update the information in your Member Account at least every 12 months (or more often if necessary) so that the information therein is current, accurate, and true. You agree to maintain your correct and current email address in Member Account at all times, and understand that failure to maintain a correct email address means your Member Account will become Non-Compliant as explained in section 8.I. You further understand and agree that your failure to respond to email or similar electronic communications from the Site for a period of 18 consecutive months or on thirty (30) consecutive occasions, whichever comes first, and failure to respond to notice thereof for a period of 30 days is a breach of this Agreement and means that your Member Account will become Non-Compliant.

The Physicians Advisory Council® offers you the opportunity to participate in Research Projects. Your opinions and responses are very important, because they help businesses and organizations develop better strategies, better products, better services, and better advertising. As a Member of the Physicians Advisory Council® you may earn cash, awards, or gifts for participating in Research Projects, so long as you fully comply with the terms of this Agreement.

Your privacy is strictly protected. Your personal information (name, address, telephone number, email address, etc.) is confidential and protected, and your individual answers to surveys are confidential and protected. Your name will never be used for any purpose other than the conduct of Research Projects, and your personal information will never be sold or shared with any third party without your prior consent. By accepting this Agreement, you are also agreeing to the terms of our Privacy Policy. [Click here to see the Physicians Advisory Council®'s Privacy Policy]. If we cannot reach you by email or similar electronic method, you agree that we may attempt to contact you by mail or other methods related to the purposes of this Agreement.

You agree to supply true, honest, current, and complete answers (collectively "Accurate" information) when registering at or updating your Member Account at the Site, and when participating in Research Projects offered by the Physicians Advisory Council®. You further agree, every 12 months (or sooner if necessary), to review and correct all registration information about you and your household on the Site (including providing a current and accurate email address where we may reach you) to ensure all information in your Member Account is accurate and current, and you further agree to respond to the Site's emails to you. Your violation of the provisions of this Section 5 will be a breach of this Agreement, as explained in section 8.I.

When completing Research Projects from the Physicians Advisory Council® you may see or hear information that is deemed confidential by the Physicians Advisory Council® or its clients. This confidential information may include new products, new product ideas or concepts, packaging concepts, strategy concepts, advertising concepts, new commercials and ads, or new movie or television concepts or movie trailers, etc. (collectively called "confidential information"). You agree that you will treat these types of information as confidential, that you will not copy, print, store, forward, or otherwise collect the confidential information, that you will not disclose the confidential information to anyone, and that you will not use the confidential information except for the purpose of completing the survey or research project. You agree that any confidential information you see or hear remains the property of the Physicians Advisory Council® or its clients. Your violation of the provisions of this Section 6 will be a breach of this Agreement. Such violation may result in the termination of your Member Account (and may also be a breach of civil and criminal laws).

You agree to indemnify the Physicians Advisory Council® and its employees from any and all claims, losses, or damages resulting from your violation of the terms and conditions of this Agreement (for example, by providing fraudulent registration information in your Member Account, or attempting to access someone else's Member Account, or providing false answers to questions, or use or misuse of the Site, etc.). You agree that the Site has the unlimited right to defend any claims by third parties, and the right to settle any claim without your consent or permission. You agree to provide the Physicians Advisory Council® with all reasonable assistance in the defense of applicable claims by third parties.

The Physicians Advisory Council® offers incentives to its Members that are awarded for various activities or actions, as explained below:

• A. Incentives for Completing Screening Questionnaires—The Physicians Advisory Council® administers two types of questionnaires. The first is a short questionnaire referred to as a screening questionnaire or "screener." The second type is a longer questionnaire, referred to as a "survey" (further described below in paragraph B).
  Completion of a screener will generally take only a few minutes of your time. Any Member who completes a screener will will be entered into a drawing for cash, awards, or gifts, subject to the terms and conditions of this Agreement. At the time you take the screening questionnaire or screener you will be informed of the incentives for that screener.
• B. Incentives for Completing Surveys—Members who complete a screener as described above may be invited to complete a survey, a longer questionnaire usually 10 to 15 minutes in length. All Members who complete a survey will receive cash, awards or gifts as an incentive. The cash or gifts usually range from $25.00 up to $250.00. At the time you are invited to complete the survey, you will be informed of the incentives provided.
• C. Incentives for Other Research Projects—Participation in a survey may also provide you with the opportunity to use a new or improved product at no cost to you. Also, as a Member, you may be invited to participate in in-person group discussions or online discussion forums or may be asked to visit stores or restaurants or complete other assigned tasks. For participating in these Research Projects, you may receive cash, awards, or gifts. Cash or gift awards will usually range from $25.00 to $250.00.
• D. Drawings—Any drawings are based on random selection. The odds of winning are dependent upon the number of entries received each calendar month. There is no purchase necessary to enter or win. Winning panel members will be selected through drawings conducted at 604 Avenue H East, Arlington, TX 76011. Entries have no value and an entry does not entitle an entrant to any compensation of any type or kind. Void where prohibited by law.
• E. The Physicians Advisory Council® Member Accounts— You can access your Member Account by going to www.physicianscouncil.com and clicking on "Login" and logging in with your email address and password. For a Member Account to be established in your name, you must complete the online registration form, including your full legal name, home address, valid email address, and any other information requested. You must also accept the terms and conditions of this Agreement at that time by clicking the "I Agree" button. Your use of this Site or any participation in the Physicians Advisory Council® Research Projects, also constitutes acceptance of the terms of this Agreement. This Agreement may be modified from time to time, as explained in section 12.
• F. Member Account Restrictions—No person may establish or maintain more than one (1) Member Account per household with the Physicians Advisory Council®, and each account must have a unique and valid email address and password. By completing the online registration, you represent that the information provided about you and your household is accurate and truthful in all respects.
• G. Email Communications—All contact and communication between you and the Physicians Advisory Council® will be conducted via email to the email address you provide at registration, or as provided by you every 12 months (or sooner if necessary) when you update your registration information. It is your responsibility to keep your email address current and accurate in your Physicians Advisory Council® Member Account. Failure to maintain an accurate email address in your Member Account violates the terms and conditions of this Agreement, as explained in 8.I. You further agree that the Site may from time to time attach script to its emails to help ensure that you are receiving and opening emails from the Site. The Physicians Advisory Council® will not share your personal information without your prior consent and your information will only be used for marketing research purposes.
• H. Payment of Incentives—Once you complete a survey and the survey closes down, a check will be mailed to the address you provided at the time of registration. This generally takes 2-4 weeks after you complete the survey.
• I. Compliant Member Accounts—If you fail to maintain a current and accurate email address in your Member Account at the Site, your Member status and Member Account become Non-Compliant. Even if you maintain a current and accurate email address at the Site, if you fail to respond to email or other electronic communications on thirty (30) consecutive occasions or for eighteen (18) consecutive months, whichever comes first, the Physicians Advisory Council® will place your Member Account on Non-Compliant status. Prior to such a change in status, you will receive an email or other electronic notification from us that your Member Account is in danger of becoming Non-Compliant. If you respond to that email notification by following the link provided in the email, you will remain a Compliant Member of the Physicians Advisory Council®. If you do not respond to the email or other electronic notification within thirty (30) days, your Member Account will be placed on Non-Compliant status. Member Accounts that are Non-Compliant will not receive additional invitations to participate in Research Projects.
• J. Your Right to Cancel Your Account—You may cancel your Member Account at any time by contacting the Physicians Advisory Council® at ataylor@physicianscouncil.com, or by logging in to your Member Account and following the "Delete Account" link provided.

Systematic retrieval of data from this Site to create or compile directly or indirectly, in whole or in part, a collection, compilation, database or directory without the express written permission of the Physicians Advisory Council® is strictly prohibited. You agree that you will not use any robot, spider, other automatic device, or manual process to monitor or copy our web pages or the content contained herein. You may not engage in the practices of "screen scraping," "database scraping," or any other practice or activity the purpose of which is to obtain lists of users, portions of a database, or other information from this Site, in any manner not authorized by the Physicians Advisory Council®. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of the Physicians Advisory Council® or its affiliates without prior express written consent. You may not use meta tags or any other "hidden text" utilizing the Physicians Advisory Council's name or trademarks without the express written consent of the Physicians Advisory Council®.

You agree that you will not use any device, software or routine to bypass any code which may be included to prevent you from breaching the obligations in the above paragraph or to interfere or attempt to interfere with the proper working of the Site. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on our or our host's computers or other infrastructure.

The content of the Site is the property of the Physicians Advisory Council® and/or its clients. Unless directed or permitted by the Site, content cannot be copied, downloaded, or printed, and must retain all the copyright, trademark, and other proprietary notices. For use of any portion of the contents, you must secure the written consent of the Physicians Advisory Council®.

Your use of the Site is controlled by the Physicians Advisory Council®, which may deny you further use of the Site at any time, for any reason, with or without cause, regardless of your status as a Member. Your use of the Site does not entitle you to continued use of the Site. Your use of the Site must always comply with applicable law.

In particular, but without limitation, you agree and represent not to use the Site to:

• (a) impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with any person or entity;
• (b) upload, post, email or otherwise transmit any content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
• (c) upload, post, email or otherwise transmit any material for the purpose of conducting any deceptive trade practice, fraud, unfair competition, or anti-competitive activity;
• (d) upload, post, email or otherwise transmit any content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
• (e) upload, post, email or otherwise transmit any content that you do not have the right to publicize under law (such as insider trading information);
• (f) upload, post, email or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software, network, hardware or telecommunications equipment;
• (g) upload, post, email or otherwise transmit or post chain letters or pyramid schemes; harvest or otherwise collect information about others (including email addresses) without their consent; or upload, post, email or otherwise transmit the same information more than once or "spam" or any other form of solicitation;
• (h) use automated scripts to collect information from or otherwise interact with the Site;
• (i) violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law; or
• (j) provide material support or resources (or to conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization(s) designated by the United States government as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act.

Violating these "Use of Site" terms of this Agreement may lead to you being immediately and permanently banned, with notification to your Internet Service Provider if deemed required by us. The IP addresses of all users of the Site may be recorded to aid in enforcing this Agreement."

WE RESERVE THE EXCLUSIVE RIGHT TO UPDATE, REVISE, SUPPLEMENT, MODIFY, OR AMEND THIS AGREEMENT, ANY PART OF THE INCENTIVE PROGRAM. This includes, without limitation, the right to change the rules of participation, terminate your participation, and discontinue the Incentive Program. The Physicians Advisory Council® will indicate at the bottom of this Agreement the date of the last update. Any updates, revisions, supplements, modifications or amendments shall be effective immediately upon its posting on the Site and will only be applicable to disputes arising, or arising out of events occurring, after such posting has been made. The Physicians Advisory Council® will provide you notice of any updates, revisions, supplements, modifications, or amendments to this Agreement by placing a "Notice of Modification" link on the homepage for a 30-day period following the initial posting on the Site. You agree that you will continue to be bound by this Agreement, however and whenever it is updated, revised, supplemented, modified, or amended, if you continue to use the Site after the updates, revisions, supplements, modifications, or amendments have been posted.

The Physicians Advisory Council® does not warrant that the Incentive Program will remain operational, and it disclaims any liability for any losses you may experience because the Incentive Program is not operational or accessible by you. IF THE PHYSICIANS ADVISORY COUNCIL® DISCONTINUES THE INCENTIVE PROGRAM OR IF IT TERMINATES YOUR PARTICIPATION FOR VIOLATION OF THIS AGREEMENT, YOU UNDERSTAND AND AGREE THAT YOUR RIGHT TO ACCESS THE INCENTIVE PROGRAM WILL CEASE.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK. THE SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE PHYSICIANS ADVISORY COUNCIL® SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES. YOU UNDERSTAND AND ACCEPT THAT YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE YOUR USE OF THE SITE. NOTWITHSTANDING THE FOREGOING, THE PHYSICIANS ADVISORY COUNCIL'S LIABILITY TO YOU SHALL NOT EXCEED $1,000. YOU FURTHER AGREE NOT TO JOIN IN ANY LAWSUIT WITH ANOTHER PERSON OR SERVE AS A CLASS REPRESENTATIVE OF ANY CLASS ACTION LAWSUIT AGAINST THE PHYSICIANS ADVISORY COUNCIL® ARISING OUT OF THE USE OF THE SITE OR ITS INCENTIVE PROGRAM.

Should you have a dispute with another Member through the Site (e.g., during a group discussion), you agree that you release the Physicians Advisory Council®, its officers, directors, members, agents, and employees from all claims, demands, and damages (actual and consequential) of any kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of, or in any way connected with, such a dispute.

The Site is protected by copyright, trademark, trade dress and other intellectual property rights.

• A. The Physicians Advisory Council®'s logos, and other trademarks, service marks, labels, product names and service names (collectively, the Marks) are owned or licensed by Decision Analyst, Inc. You agree not to copy, display or otherwise use any of the Marks without the prior written permission of Decision Analyst, Inc. Notwithstanding the foregoing, the Marks may not be used in any manner likely to cause confusion, to disparage or dilute these Marks, and/or to use in connection with any product or service that is not authorized or sponsored by the Physicians Advisory Council®.
• B. All answers and responses to screeners, surveys, group discussion questions or probes, ideation sessions, innovation sessions, or other Research Projects become the exclusive property of the Physicians Advisory Council® and/or its clients, except that the personal identity and anonymity of each Member shall be protected at all times by the Physicians Advisory Council®. That is, at no time will any client of the Physicians Advisory Council® know how any Member answered any question. Members' answers will be combined with the answers of other Members and presented to clients as statistical averages or summaries. Member privacy and anonymity are protected at all times by the Physicians Advisory Council®.
• C. The entire Physicians Advisory Council® Site, and all object code and source code, text, graphics, multimedia content, including but not limited to images, illustrations, audio and video clips, html and other mark up languages, screeners, surveys, group discussion questions, videos, new product concepts, ads, and all scripts within the Site associated therewith, are copyright 2023, Decision Analyst, Inc. All rights reserved. This copyrighted and proprietary property of Decision Analyst, Inc. may not be duplicated or used without Decision Analyst's express prior written consent.
• D. If you provide the Physicians Advisory Council® any solicited or unsolicited suggestions, answers, responses, ideas, new product ideas, Site improvement ideas, incentive ideas, or other suggestions or proposals (the "Submission"), the Physicians Advisory Council® will consider the Submission to be non-confidential and nonproprietary. The Physicians Advisory Council® shall have no obligations concerning the Submission, contractual or otherwise (including, but not limited to, an obligation to keep the Submission confidential), and shall not be liable for any use or disclosure of any Submission. The Physicians Advisory Council® shall be entitled to unrestricted use of the Submission for any purpose whatsoever, commercial or otherwise, without compensation to you.

Under no circumstances will the Physicians Advisory Council® be responsible for any loss or damage resulting from a Member's reliance on information or other content posted on the Site by another Member during a group discussion, innovation project, or other Research Project. The Physicians Advisory Council® will be responsible for the accuracy of any content it posts on the Site.

In registering at the Site, and participating in Research Projects, Members are acting as independent contractors. Members are not employees of the Site, the Physicians Advisory Council®, or Decision Analyst, Inc.

You agree not to upload or transmit any communications or content of any type that infringes or violates any rights of any party. It is our policy not to permit materials known by us to be infringing to remain on the Site. The Physicians Advisory Council® has made every effort to secure appropriate clearances for all proprietary intellectual properties used on this Site. If you believe any material on this Site is infringing, please contact us immediately. Pursuant to the Digital Millennium Copyright Act (DMCA), we have registered an agent to receive copyright claims (Designated Agent).

You may notify us of alleged intellectual property rights infringement by contacting us at:

Mail: 604 Avenue H East, Arlington, TX 76011
Phone: (817) 640-6166
Fax: 817-640-6567
Email: ataylor@physicianscouncil.com

Please be aware that, in order to be effective, your notice of claim must comply with the detailed requirements set forth in the DMCA. You are encouraged to review them (see 17 U.S.C. § 512(c)(3)) before sending your claim.

Please note that the Physicians Advisory Council® is a provider of an interactive computer service under the Communications Decency Act or "CDA" (see 47 U.S.C. § 230). Because this important law is not well known, we want to take a moment to explain the law.

The CDA provides that when a user writes and posts material on a website such as the Site, the website itself cannot, in most cases, be held legally responsible for the posted material. Specifically, 47 U.S.C. § 230(c)(1) states, "No provider or user of an interactive computer service shall be treated as the publisher or speaker of any information provided by another information content provider." Because the comments and opinions on the Site are authored by users of the Site, we cannot be legally regarded as the "publisher or speaker" of the content contained here, and hence we are not liable for the content even if it contains false or inaccurate information.

Any dispute arising between you and the Physicians Advisory Council® (whether grounded in contract, tort, statute, law or equity) or relating in any way to this Agreement, or the breach thereof, shall be finally determined by binding arbitration administered by the American Arbitration Association ("AAA") in accordance with its Commercial Arbitration Rules. The arbitration shall be conducted in Tarrant County, Texas, before a single arbitrator appointed in accordance with the applicable rules of the AAA. Judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. Discovery during the arbitration shall be conducted pursuant to the Federal Rules of Civil Procedure and shall be limited to the exchange of relevant documents and depositions of the Parties. No Party is precluded from seeking and obtaining injunctive or other emergency relief, and the election to do so by a Party shall not be construed as a waiver of arbitration.

Any dispute must be raised within one (1) year after the date the cause of action arose. Failure to provide the written documentation within this timeframe will render all claims related to the dispute null and void.

The Physicians Advisory Council®'s principal office is in the State of Texas and this Site is controlled by Decision Analyst, Inc. from its offices within the State of Texas, United States of America. The Physicians Advisory Council® Site can be accessed from all 50 states, as well as from other countries around the world. As each of these jurisdictions has laws and regulations that may differ from those of Texas, by accessing this Site both you and the Physicians Advisory Council® agree that the statutes and laws of the State of Texas, without regard to conflicts of laws principles thereof, will apply to all matters relating to use of this Site (whether grounded in tort, contract, law, or equity).

This contract is fully performable in Tarrant County, Texas. The Parties hereto waive any challenge to personal jurisdiction or venue (including without limitation a challenge based on inconvenience) in Tarrant County, Texas. For any matter not governed by the Dispute Resolution section above, the Parties specifically consent to the jurisdiction of the State District Courts of Tarrant County, and the United States District Court for the Northern District of Texas, Fort Worth Division.

You further agree to comply with all such laws and with the laws of the United States that apply to the Incentive Program, and any laws of your country and state or province of residence. The Incentive Program and these Terms and Conditions, or relevant portions thereof, are void where prohibited by law.