These Terms of Use apply to the website located at www.surveypool.com (the "Site") that is provided by SurveyPool, Inc. Your use of the Site is conditional on your acceptance of the Terms of Use of use set forth below (the "Terms of Use"). By browsing, accessing, linking, using and/or downloading information ("Access" or similar term) from the Site, you agree to accept and abide by these Terms of Use for each use and each visit to the Site. If you do not agree to these Terms of Use, you should not Access the Site.

We provide the Site, its contents, information thereon, other services and other on-line resources accessible via the Site to you, subject to these Terms of Use. These Terms of Use are entered into between SurveyPool, Inc. and you. If you are using the Services on behalf of another person, you represent that you are authorized to accept these Terms of Use on that person's behalf. Unless explicitly stated otherwise, these Terms of Use will govern your use of any new features that augment or enhance the current services, including the release of new products or services.

1.      Definitions: In addition to the terms defined throughout these Terms of Use, the terms "you", "your" and "yours" refer to the Member utilizing the Site to obtain Services. The terms "we", "us" and "our" refer to SurveyPool, Inc.

2.      Memberships: The Site has free and paid memberships. Only limited services are available to free members. Paid members can avail of all the services offered by the Site. To use the Site, you must have a valid membership – free or paid. To be eligible for membership, you must be permitted by law in your jurisdiction to enter into a valid contract. You must register to become a member. You will provide current, complete, accurate information at the time of registration. You will further update and keep that information current as needed. All information provided by you shall be dealt with in accordance with the Privacy Policy. You are responsible for the safety of your login and password. You expressly release us from any liability for any loss, damage or injury you may suffer on account of any misuse, loss or theft of your login and password. You must notify us immediately of any unauthorized use of your membership. The service provided by the Site is a single user service. Sharing of login and password is strictly prohibited. Sharing login information is in violation of this Agreement and may result in immediate account termination. If your membership has not been used for 3 months, we reserve the right to deactivate your membership. You are responsible for all the hardware/software required to access the Site and its services.

3.      Fees/Charges: You expressly agree to pay all fees and other charges including applicable taxes charged to your account. We reserve the right to change the fees and charges at any time by giving advance notice.

4.      Renewal: Your account will be automatically renewed and charged (if your membership is a paid membership) upon every expiration date of your membership unless you cancel your membership prior to the expiration date.

5.      Cancellation: You may cancel your membership at any time prior to the expiration date. No refund of fees will be made for any cancellation. You must clear all outstanding fees and charges before you make your cancellation request. We will reject your cancellation request unless all the outstanding fees and charges are cleared.

6.      Changes to Terms of Use: We reserve the right, at any time, to modify, add to, delete from, alter, or update these Terms of Use ("Changes"), and you agree to be bound by such Changes. Changes shall be effective immediately upon notice thereof, which may be given by any means including, but not limited to posting on the Site or by electronic or conventional mail. You agree to regularly review the Terms of Use posted on the Site and to be aware of Changes. Your use of the Site following any Changes constitutes your agreement to follow and be bound by these Terms of Use as changed.

7.      Permitted and Prohibited Uses: The Site is intended for the lawful use by valid members. Subject to these Terms of Use, We grant you a non-exclusive, non-transferable, limited right to access, use and view the Site and the information thereon, including without limitation, all text, design, graphics, drawings, photographs, video clips and sounds, and all trade marks, service marks and trade names used at the Site and the selection and arrangements thereof (collectively, the "Content"), solely for your own personal use, provided, however, that you may not, nor may you allow others to, directly or indirectly:

o        sell, license, rent, reproduce, modify or attempt to modify or create derivative works from the Content in any way or reproduce or publicly display, perform, transmit or distribute or otherwise use the Content for any public or commercial purpose, including without limitation use of the Content on any other website or in any environment of networked computers;

o        transfer the Content to any other person without our prior written explicit consent;

o        use the Site in any manner that could damage, disable, overburden or impair the Site;

o        upload, post or otherwise transmit or distribute on the Site any items, including without limitation computer viruses, Trojan horses, worms, backdoor, shutdown mechanism or other harmful, disruptive or destructive files or computer programs;

o        interfere with the security of, or otherwise abuse, the Site or any Services, system resources, accounts, servers or networks connected to or accessible through the Site or associated or linked sites;

o        infringe on any patent, trade-mark, trade secret, copyright, right of publicity, or other proprietary right of any person, or impersonate any person or entity;

o        disrupt or interfere with any other person's use or enjoyment of the Site or associated or linked sites;

o        use any automatic program or device, or manual process to monitor, copy, summarize, or otherwise extract information from the Site or the Content in whole or in part;

o        use or attempt to use another's account, password, service, system or other information without our prior written authorization, or create or use a false identity on the Site;

o        transmit on, to or from the Site spam, chain letters, junk mail or any other type of unsolicited mass e-mail;

o        upload to, distribute to, or otherwise disseminate through the Site any material or information of any kind that is threatening, harassing, libelous, defamatory, obscene, pornographic, fraudulent, deceptive, abusive, or otherwise violates any law or infringes or violates any rights of any other person or entity, or contains a solicitation of funds, advertising, or a solicitation for goods or services; or

o        attempt to obtain unauthorized access to the Site or portions of the Site which are restricted from general access; or

o        use the Site to send any materials, including surveys and requests to take surveys, to any persons under 18 years of age unless and until all necessary action and compliance pursuant to state and federal laws are taken.

You also agree that you are solely responsible for actions and communications undertaken or transmitted in the course of your usage of the Site, and that you will comply with all laws that apply or may apply to your use of or activities on the Site or in respect of the Content.

 

8.      Copyright and Trademarks: Unless otherwise noted, all Content is subject to intellectual property rights including copyrights and trade marks held or licensed by us. Any reproduction or use without our express prior written permission from is not permitted. Except as expressly provided herein, no license to use or reproduce the Content is given to you and all intellectual property rights therein are expressly reserved. Systematic retrieval of data or other Content from the Site to create or compile, directly or indirectly, a collection, compilation, database or directory without our express prior written permission is prohibited. We respect the intellectual property of others and ask you to do the same. We may, in appropriate circumstances and in our sole discretion terminate the accounts of members who infringe our intellectual property rights. We retain the right to initiate appropriate civil and criminal legal proceedings against the infringers of its intellectual property rights. We do not claim any rights in the contents of any of the surveys conducted through the Site. All rights in the surveys belong to the members conducting the respective survey.

9.      Surveys: All surveys conducted through the Site are hosted using our services but are sent by the party conducting the survey. We do not verify the contents of the survey. You participate in the survey at your sole risk.

If you are using the Site to conduct a survey, you expressly represent that your survey does not violate any law or statute and that you have all necessary permission to conduct the survey. You must obtain the consent of the recipient before you send a survey to the recipient.  You are responsible for the contents of your survey. The survey must provide information on collection, storage and use of the Personal Information collected during the survey. We will delete any survey that we feel is inappropriate.

10.  Email Campaigns: You may use the Site to send email campaigns to recipients who have voluntarily agreed to receive such email campaigns. You shall not use the Site to:

·        Send emails to an address without obtaining consent of the addressee

·        Access mailing lists from third parties and/or use such mailing lists for your email campaign.

Every email message provides a “Remove” link. If any addressee in your mailing lists requests to be removed from the mailing list, the email address is removed immediately from the list, but still resides in the system to be used by other lists if necessary. You must not add removed email address back to the list.

Any violation will be dealt with strictly. We may take appropriate action including but not limited to termination of your account with us.

You may delete any addressee from your mailing list at any time without assigning any reason.

You expressly represent that your email campaign does not violate any laws or statutes.

If you register with a mailing list, you expressly acknowledge that the owner of the mailing list may at anytime without assigning any reason, delete your address from the mailing list. 

11.  Cookies: When your first visit to the Site, a cookie is sent to your computer that uniquely identifies your browser. A "cookie" is a small file containing a string of characters that is sent to your computer when you visit some websites. We use cookies to improve the quality of the Site’s service and to better understand how people interact with us. We do this by storing user preferences in cookies and by tracking user trends and patterns of how people search. Most browsers are initially set up to accept cookies. You can reset your browser to refuse all cookies or to indicate when a cookie is being sent. However, some features or services of the Site may not function properly when cookies are not accepted.

12.  Submission of Information: Although we may provide certain security measures in an effort to protect the electronic transmission of certain information that you submit to us through the Site, we do not guarantee the security of any information transmitted to or from the Site. Except for personal information about you, any information you do send to us through the Site will be deemed NOT to be confidential ("Non-Confidential Information"). For any Non-Confidential Information you do send, you hereby grant to us a worldwide, royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, distribute and sublicense any and all material or information submitted by you to the Site and/or to incorporate it in other works regardless of form, medium or technology. Any information you post on the bulletin board/forum on the Site may at our sole discretion be opened to the public and we may at our sole discretion permit the public to use such information. You agree not to hold us liable for the misuse by public of the information you post on the bulletin board/forum of the site.

13.  Third Party Links/Advertisement: The Site may contain links to third party sites and third party advertisements. We do not endorse any such links and advertisement. The use of such links and advertisements is at your entire risk. You expressly agree not to hold us liable for any loss, damages or injury you may suffer by your use of such links and advertisements.

14.  Force Majeure: Neither party shall be considered in default of these Terms of Use or be liable for damages, for any failure of performance hereunder occasioned by an act of God, force of nature, war or warlike activity, insurrection or civil commotion, labor dispute, transportation delay, governmental regulatory action whether or not with proper authority or other cause similar or dissimilar to the foregoing and beyond its reasonable control, provided the party so affected gives prompt notice to the other.

15.  Liability: All content and services provided on or through the Site are provided "as is" and "as available" for your use. The content is provided without warranties or conditions of any kind, either express or implied, including but not limited to implied warranties and conditions of merchantability, fitness for a particular purpose or non infringement. Your use of the Site is solely at your risk. In no event shall you hold us liable to you for your accessing of the Site or under or related to this agreement for any indirect, special, punitive, incidental, reliance, exemplary or consequential damages, loss of profits, loss of expected savings, or any other non-direct damages howsoever caused.

16.  Site Maintenance/Availability: We will do our best to keep the Site functioning at all times. However at certain times unforeseen circumstances may result in the Site not functioning properly. We will make all efforts to restore the Site as quickly as possible. The Site may also be shut down for planned and unplanned maintenance. Although we will make every effort to inform you in advance of any such shut down for maintenance, it may not be possible to inform you in advance at every instance.  You acknowledge that the Site is an Internet delivered service. We cannot be guarantee 100% availability of the Site at all times.

17.  Indemnity: You agree to defend, indemnify and hold us, our owner, officers, employees, representatives, contractors, affiliates, successors or assigns, including all third parties mentioned at the Site, harmless from and against any and all claims, actions or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from your use of the Site and the Content or your breach of these Terms of Use or in connection with your use of the Site

18.  Choice of law: These Terms of Use shall be deemed to have been made and performed exclusively in Manhattan County, State of New York, USA and shall be governed by and construed under the laws of the State of New York and the laws of USA applicable therein without giving effect to its conflict of laws principles. You hereby submit to the exclusive forum, jurisdiction and venue of the courts of New York for any claim related hereto, arising herefrom or in connection herewith and agree not to bring any action, claim, suit or proceeding against us or any officer, director, partner or employee thereof in any jurisdiction other than State of New York.

19.  Disclaimer: We are not responsible for the success or failure of your decisions relating to any information presented by through the Site. The Site should be carefully considered and evaluated, before reaching any decision, on whether to use the information and contents provided through the Site. There can be no assurance that any prior successes, or past results can be used as an indication of your future success or results. Results are based on many factors. We have no way of knowing how well you will do, as we do not know you, your background, your work ethic, or your business skills or practices. Therefore we do not guarantee or imply that you will be successful. Use caution and seek the advice of qualified professionals. You agree that we are not responsible for any success or failure that you may experience as a result of using the Site.

20.  General: The Privacy Policy, Copyright Policy and Anti-Spam Policy are a binding parts of these Terms of Use and combined with these Terms of Use constitutes the entire agreement between SurveyPool, Inc. and you with respect to your use of the Site. Our failure to insist upon or enforce strict performance of any provision of these Terms of Use shall not be construed as a waiver of any provision or right. If for any reason a court of competent jurisdiction finds any provision of these Terms of Use or portion thereof to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of these Terms of Use, and the remainder of these Terms of Use shall continue in full force and effect. Any cause of action that you may have with respect to your use of the Site or which is the subject of these Terms of Use must be commenced within six months after the claim or cause of action arises.

21.  Acceptance: You use of the Site signifies your acceptance of these Terms of Use.