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Effective
Date: October 20, 2005
JOINSURVEYS.COM™ TERMS & CONDITIONS
NOTICE:
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY. BY ACCESSING
THIS WEBSITE, AND ANY PAGES THEREOF, YOU AGREE THAT YOU ARE AT
LEAST 18 YEARS OF AGE AND AGREE TO COMPLY WITH, AND BE BOUND BY,
THE FOLLOWING TERMS AND CONDITIONS (THE “AGREEMENT”),
AS WELL AS OUR PRIVACY POLICY. CLICK HERE
TO VIEW OUR PRIVACY POLICY. IF YOU DO NOT AGREE TO THIS
AGREEMENT IN ITS ENTIRETY, YOU ARE NOT AUTHORIZED TO ACCESS AND/OR
USE THIS WEBSITE, OR ANY PAGES THEREOF.
Welcome to the JoinSurveys.com™ website located at www.joinsurveys.com™.
The Website is brought to you by MediaWhiz™ Holdings, LLC
(“MediaWhiz™,” “we” or “us”).
The Website is only available to individuals that are 18 years
of age or older, and who are legal residents of the United States
or District of Columbia.
1. Acceptance of Agreement. This Agreement constitutes
the entire agreement between MediaWhiz™ and users of the
Website, and supersedes any and all prior or contemporaneous agreements,
representations, warranties and understandings, whether written
or oral, with respect to your use of the Website. We may amend
this Agreement from time to time, in our sole discretion, without
specific notice to you. The most recent version of the Agreement
will be posted on the Website. Your continued use of the Website
constitutes your acceptance of all of the terms and conditions
contained within the Agreement effective at that time, as well
as your acknowledgment of the reasonableness of these standards
for notice of changes. We encourage you to review the Website
and this Agreement periodically for any updates or changes. If
you utilize the Website in any manner inconsistent with this Agreement,
MediaWhiz™ may immediately terminate, with or without notice,
your access to, and/or block your future access to, the Website
and/or seek such additional relief available to us.
2. Description of Services. JoinSurveys.com™ provides
its registered users with an opportunity to complete online surveys.
3. Registration. To register for JoinSurveys.com™,
you must first complete our online survey located at the Website.
The information you must supply during the registration process
includes, but is not limited to: 1) full name; 2) email address;
3) state of residency; and 4) zip code (collectively referred
to as “Registration Data”). You agree to provide true,
accurate, current and complete Registration Data.
4. Termination & Cancellation. You agree
that MediaWhiz™, in its sole discretion, may terminate this
Agreement and/or suspend your registration (or any part thereof)
at any time, without notice to you, in the event that MediaWhiz™:
1) reasonably believes that you are in breach of the Agreement;
or 2) reasonably believes that you have provided incomplete, inaccurate
or untrue Registration Data. If MediaWhiz™ terminates this
Agreement, or suspends your registration for any of the reasons
set forth in this Agreement, MediaWhiz™ shall have no liability
or responsibility to you. You understand and agree that cancellation
of your registration is your sole right and remedy with respect
to any dispute with MediaWhiz™.
5. License Grant. As a visitor to the website,
you are granted a nonexclusive, nontransferable, revocable and
limited license to access and use the Website (and its associated
content) in accordance with this Agreement. MediaWhiz™ may
terminate this license at any time for any reason whatsoever.
You may use the Website and/or Services for your own personal,
noncommercial use. No part of the Website may be reproduced in
any form or incorporated into any information retrieval system,
electronic or mechanical. You may not use, copy, emulate, clone,
rent, lease, sell, modify, decompile, disassemble, reverse engineer
or transfer the Website, Website content or any portion thereof.
You may not use any device, software or routine to interfere or
attempt to interfere with the proper working of the Website. MediaWhiz™
reserves any rights not explicitly granted in this Agreement.
6. Proprietary Rights. The content, organization,
graphics, design, compilation, magnetic translation, digital conversion,
software and other matters related to the Website are protected
under applicable copyrights, trademarks and other proprietary
(including, without limitation, intellectual property) rights.
The copying, redistribution or publication by you of any part
of the Website is strictly prohibited. You do not acquire ownership
rights to any content, document, software, services or other materials
viewed at or through this Website. The posting of information
or material at the Website by MediaWhiz™ does not constitute
a waiver of any right in such information and/or materials.
7. Third Party Websites. The Website and/or third
parties may provide links to other Internet websites and/or resources.
MediaWhiz™ is not responsible for the content, terms and
conditions and/or privacy policies on such websites. If you choose
to link to a website not controlled by MediaWhiz ™, MediaWhiz
™ makes no warranties, either express or implied, concerning
the content of such website, including the accuracy, completeness,
reliability or suitability thereof for any particular purpose.
MediaWhiz ™ does not warrant that such website or content
is free from any claims of copyright, trademark or other infringement
or the rights of third parties or that such website or content
is free from viruses or other contamination.
8. Privacy Policy. Use of the Website is subject
to our Privacy Policy, which is hereby incorporated into and made
a part of this Agreement. We reserve the right to use all information
regarding your use of the Website and any and all other personally
identifiable information provided by you in accordance with the
terms of our Privacy Policy. Click Here
to view our Privacy Policy.
9. Indemnification. You agree to indemnify, defend
and hold harmless, MediaWhiz™ and its parents and subsidiaries,
and each of their respective officers, partners, members, managers,
employees, agents and attorneys, against any and all liabilities,
claims, actions, suits, proceedings, judgments, fines, damages,
costs, losses and expenses (including settlement costs and/or
reasonable attorneys’ fees) arising from or relating to
your use of the Website, and any material that you submit to or
transmit through the Website, your violation of this Agreement,
your infringement or violation of the rights of another, or termination
of your access to the Website and/or Services.
10. Disclaimer of Warranties. THIS WEBSITE IS
PROVIDED ON AN “AS IS” AND “AS AVAILABLE”
BASIS, AND ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, ARE DISCLAIMED
TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPICABLE LAW (INCLUDING,
BUT NOT LIMITED TO, THE DISCLAIMER OF ANY WARRANTY OF MERCHANTABILITY,
NONINFRINGEMENT OF INTELLECTUAL PROPERTY AND/OR FITNESS FOR A
PARTICULAR PURPOSE). IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF,
MEDIAWHIZ™ MAKES NO WARRANTY THAT: 1) THE WEBSITE WILL MEET
YOUR REQUIREMENTS; 2) THE WEBSITE WILL BE UNINTERRUPTED, TIMELY,
SECURE OR ERROR FREE; AND 3) THE RESULTS THAT MAY BE OBTAINED
FROM THE USE OF THE WEBSITE WILL BE ACCURATE OR RELIABLE. THE
WEBSITE MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS.
MEDIAWHIZ™ WILL NOT BE LIABLE FOR THE AVAILABILITY OF ANY
UNDERLYING INTERNET CONNECTION. MEDIAWHIZ™ ASSUMES NO RESPONSIBILITY
FOR THE DELETION OR FAILURE TO STORE ANY MESSAGES OR PERSONALIZED
SETTINGS. NO ADVICE, WHETHER WRITTEN OR ORAL, OBTAINED BY A USER
OR MEMBER FROM MEDIAWHIZ™ SHALL CREATE ANY WARRANTY NOT
EXPRESSLY STATED IN THIS AGREEMENT.
11. Limitation of Liability. YOU AGREE THAT MEDIAWHIZ™
AND ITS PARENTS AND SUBSIDIARIES, AND EACH OF THEIR RESPECTIVE
OFFICERS, PARTNERS, MEMBERS, MANAGERS, EMPLOYEES, AGENTS AND ATTORNEYS
SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL,
CONSEQUENTIAL OR EXEMPLARY DAMAGES RESULTING FROM THE USE OR INABILITY
TO USE, OR THE INTERRUPTION, SUSPENSION OR TERMINATION OF, THE
WEBSITE OR ANY SERVICES OR INFORMATION OBTAINED ON OR THROUGH
THE WEBSITE OR SERVICES, EVEN IF MEDIAWHIZ™ AND ITS PARENTS
AND SUBSIDIARIES, AND ANY OF THEIR RESPECTIVE OFFICERS, PARTNERS,
MEMBERS, MANAGERS, EMPLOYEES, AGENTS AND ATTORNEYS HAVE BEEN ADVISED
OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT
PERMIT THE EXCLUSION OF LIMITATION OF LIABILITY FOR CONSEQUENTIAL
DAMAGES; IN SUCH STATES, LIABILITY IS LIMITED TO THE FULLEST EXTENT
PERMISSIBLE BY LAW.
12. Choice of Law. This Agreement shall be construed
in accordance with and governed by the laws of the State of New
York. Any and all disputes arising out of this Agreement or the
Services referenced herein shall be resolved by mediation, and
if such mediation is unsuccessful, by binding arbitration under
the auspices of, and pursuant to the commercial arbitration rules
of, American Arbitration Association before a single arbitrator.
13. Legal Warning. Any attempt by any individual
to damage, destroy, tamper with, vandalize and/or otherwise interfere
with the operation of the Website, is a violation of criminal
and civil law and MediaWhiz™ will diligently pursue any
and all remedies against any offending individual or entity to
the fullest extent permissible by law and in equity.
14. Customer Service. You may contact JoinSurveys.com™
customer service via e-mail at service@joinsurveys.com,
or by writing to JoinSurveys.com™ Customer Service, P.O. Box 1119,
Old Chelsea Station, New York, NY 10113. .
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