1. DESCRIPTION
OF SERVICE
By entering your email or signing
up for an account with SurveyReminder.com (the Site)
you agree to be bound by the most current version of
these Terms of Use. The site may modify or change these
Terms of Use at any time. You are responsible for continual
monitoring of these Terms of Use for any changes or
modifications.
SurveyReminder.com lets users
have access to various third-party websites, online
survey sites, branded content, and sweepstakes and prize
offers through its network of third-party party websites
or databases (the "Site"). You also understand
and agree that the Site may include advertisements and
these advertisements are necessary for SurveyReminder.com
to provide the Site. You also understand and agree that
the service may include certain communications from
SurveyReminder.com, such as third-party advertisements
and offers, and that these advertisements and offers
are necessary for SurveyReminder.com membership and you
will not be able to opt out of receiving them unless
you unsubscribe. This Terms of Use document shall cover
any future additions to the Site or to SurveyReminder.com’s
website. You are responsible for storing all of your
access information for the Site. You are responsible
for all costs to access the Site, which include but
are not limited to Internet connection fees, your personal
computer, and telephone costs.
These Terms and Conditions, in connection with the other
obligations and rules detailed in writing on the Site,
constitute the entire agreement between you and the Site
and cannot be modified by you. These Terms and Conditions
cannot be modified on an individual basis by any person
affiliated, or claiming affiliation, with the Site. Nothing
in this subsection will prevent the Site from modifying
the terms of these Terms and Conditions and posting such
modifications on the Site.
If any portion of these Terms and Conditions is deemed
void or unenforceable, then that provision shall be deemed
severable from these Terms and Conditions and shall not
affect the validity and enforceability of the remaining
provisions.
2. CONDITIONS
AND OBLIGATIONS
Eligibility
(United States)
To open an account and/or participate
in this Product or Site, you must:
a) be a natural person, at least
18 years old, who is assigned to the e-mail address
submitted on your account registration form;
b) be physically located within
the U.S.; and
c) be physically located in
a U.S. state in which purchasing or using this Product
is unrestricted by law.
VOID WHERE PROHIBITED OR RESTRICTED
BY LAW.
2.1b Eligibility
(Non-U.S.)
a) be a natural person, at least 18 years old, who is
assigned to the e-mail address submitted on your account
registration form. If you are a U.S. resident, make sure
you are not from one of the restricted states. VOID WHERE
PROHIBITED OR RESTRICTED BY LAW.
You are subject to all laws of
the state, province and/or country in which you reside
and from which you access the Site and are solely responsible
for obeying those laws. You agree the Site cannot be
held liable if laws applicable to you restrict or prohibit
your participation. The Site makes no representations
or warranties, implicit or explicit, as to your legal
right to participate in any tournament offered on the
Site nor shall any person affiliated, or claiming affiliation,
with the Site have authority to make any such representations
or warranties.
The Site reserves the right to
monitor the location from which you access the Site
and to block access from any jurisdiction other than
the U.S., or any jurisdiction in which participation
is illegal or restricted.
2.3 Acknowledgment
of Proprietary Rights
By registering for to become
a member/or entering your email on the Site, you acknowledge
that all information contained on the Site may be protected,
in all forms and media, by one or more valid copyrights,
patents, trademarks, trade secrets, or other proprietary
rights, and that all such rights are owned by the Site.
You may not modify, publish, participate in the transfer
or sale of, create derivative works from, or in any
way exploit this information, except that you may download
one copy for your personal, non-commercial home use
only, provided you keep intact all copyright and other
proprietary notices. The Site neither warrants nor represents
that your use of materials displayed on the Site will
not infringe rights of third parties. While the Site
uses reasonable efforts to include accurate and up-to-date
information, the Site makes no warranties or representations
as to its accuracy. The Site assumes no liability or
responsibility for any errors or omissions in the content
of the Site.
Any communication or material
you transmit to the Site by electronic mail or otherwise,
including any data, questions, comments, suggestions,
or the like, is and will be treated as, non-confidential
and non-proprietary. Anything you transmit or post may
be used by the Site or its affiliates for any purpose,
including, but not limited to, reproduction, disclosure,
transmission, publication, broadcast and posting. Furthermore,
the Site is free to use any ideas, concepts, know-how
or techniques contained in any communication you send
to Site for any purpose whatsoever including, but not
limited to, developing, manufacturing and marketing
products using such information, without any additional
compensation to you.
You also agree to provide accurate and true information
about yourself to the Site. You understand that you must
continue to provide current and updated information that
is complete and accurate over the course of time. If you
provide inaccurate or incomplete information about yourself
SurveyReminder.com has the right to terminate or suspend
your account and may refuse to provide you service in
the future without reason.
3. Registration
Obligations
The trademarks, logos, and service
marks (collectively the “Trademarks”) displayed
on the Site, including the names of all games and puzzles,
are registered and unregistered Trademarks of the Site
and/or others. Nothing contained on the Site should
be construed as granting, by implication, estoppel or
otherwise, any license or right to use any Trademark
displayed on the Site without the written permission
of the Site or such third party that owns the Trademark
displayed on the Site. Your misuse of any Trademark
displayed on the Site, or any other content on the Site,
except as provided in these Terms and Conditions, is
strictly prohibited. You are also advised that the Site
will aggressively enforce its intellectual property
rights to the fullest extent of the law, including the
seeking of criminal prosecution where appropriate.
These Terms and Conditions will
be governed and construed in accordance with the laws
of the State of Indiana, irrespective of any principles
of conflicts of law.
By registering for an account on the Site, you agree that
any dispute that cannot be resolved between the parties
shall be resolved individually, without resort to any
form of class action. You further agree that any legal
action arising from any dispute shall proceed only in
the state or federal courts located in the state of Indiana,
and you hereby submit to personal jurisdiction and venue
in such courts for the purposes of litigating any such
action.
SECTION
TWO -
4. Promotional
Activities
By registering for an account, you agree that the Site
may display your name. By accepting any prize from the
Site, you agree to allow the Site to print, publish, broadcast
and use, worldwide, in any media and at any time, your
name, picture, voice, likeness, and/or biographical information
for promotional purposes without additional compensation.
If you send comments or suggestions, including, but not
limited to, notes, text, drawings, or computer programs,
to the Site, such submissions shall become, and shall
remain, the sole property of the Site. No submission shall
be subject to any obligation of confidence on the part
of the Site. The Site shall exclusively own all rights
to, and shall be entitled to unrestricted use of, all
such submissions without compensation to you.
4.3 Accuracy
of Information
You represent and warrant that all information you supply
to the Site is complete and accurate. Knowingly submitting
incomplete or inaccurate information will result in immediate
termination of your account and forfeiture of any prizes
to which you are otherwise entitled.
The Site will not intentionally disclose any personally
identifying information about you (including information
submitted on the application form, your social security
number, your e-mail address, information obtained by the
Site from cookies, and information regarding your IP address)
to third parties without your consent except where the
Site, in good faith, believes such disclosure is necessary
to comply with the law or to enforce these Terms and Conditions
or other rules of the Site. Your acceptance of any prize
from the Site constitutes consent for the Site’s
disclosure of personal information as described in Section
2.5. The Site reserves the right to collect general demographic
and other market information that does not personally
identify you to any person without additional consent.
The Site is vigorously against the practice commonly referred
to as “Spam”. Users who are reported and whose
claims of “Spam” are validated by the Site,
will have their respective accounts either immediately
TERMINATED or SUSPENDED, at the sole discretion of the
Site. The Site defines “Spam” as:
-
Electronic mail messages addressed to a recipient
with whom the initiator does not have an existing
business or personal relationship or is not sent at
the request of, or with the express consent of, the
recipient;
-
Messages posted to Usenet and message boards that
are off-topic (unrelated to the topic of discussion),
cross-posted to unrelated newsgroups, or posted in
excessive volume;
-
Solicitations posted to chat rooms, or to groups or
individuals via Internet Relay Chat or “Instant
Messaging” system (such as ICQ);
SECTION THREE - LIMITATION
ON LIABILITY
5. General Disclaimer
BY REGISTERING FOR AN ACCOUNT
AND/OR PARTICIPATING IN ANY TOURNAMENT, GAME, OR SWEEPSTAKES
THROUGH THE SITE, YOU AGREE THAT THE SITE IS NOT RESPONSIBLE
FOR ANY DAMAGE, LOSS, OR INJURY RESULTING FROM USE,
ACCESS, OR ATTEMPTED USE OR ACCESS OF THE SITE. YOU
FURTHER AGREE THAT THE SITE IS NOT LIABLE FOR ANY DAMAGE,
LOSS, OR INJURY CAUSED BY DOWNLOADING ANY INFORMATION
FROM THE SITE. WITHOUT LIMITING THE GENERALITY OF THE
FOREGOING, YOU AGREE THAT THE SITE IS NOT LIABLE FOR
ANY DAMAGE TO YOUR PERSONAL COMPUTER, ANY DAMAGE, LOSS,
OR CORRUPTION OF DATA, OR ANY CONSEQUENTIAL OR INCIDENTAL
DAMAGES ARISING FROM USE OF THE SITE.
The Site also assumes no responsibility,
and shall not be liable for, any damages to, or viruses
that may infect, your computer equipment or other property
on account of your access to, use of, or browsing in
the Site or your downloading of any materials, data,
text, images, video or audio from the Site.
ALL
GOODS AND SERVICES PROVIDED ON THE SITE ARE PROVIDED “AS
IS”, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS
OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, OR NON-INFRINGEMENT. NO PERSON AFFILIATED, OR
CLAIMING AFFILIATION, WITH THE SITE HAS AUTHORITY TO EXTEND
SUCH WARRANTIES.
You agree that the Site is not
liable for any loss caused by any unauthorized use of
your credit card or other method of payment by a third
party in connection with the Site.
Any attempt to defraud the Site
through the use of credit cards or other methods of
payment, regardless of the outcome, or any failure by
you to honor legitimate charges or requests for payment
will result in immediate termination of your account,
forfeiture of any prizes to which you are otherwise
entitled, and civil and/or criminal prosecution.
5.4 Hacking,
Tampering, or Unauthorized Access
By registering for an account
and/or participating in any tournament offered on the
Site, you agree that the Site is not responsible for
any damage, loss, or injury resulting from hacking,
tampering, or other unauthorized access or use of the
Site or your account.
Any attempt to gain unauthorized
access to the Site’s systems or any account, interfere
with procedures or performance of the Site, or deliberately
damage or undermine the Site is subject to civil and/or
criminal prosecution and will result in immediate termination
of your account and forfeiture of any prizes to which
you are otherwise entitled.
Any attempt to participate in any tournament offered on
the Site by means of automatic, macro, programmed, or
similar methods, or to otherwise commit fraud with regard
to the Site, will result in civil and/or criminal prosecution,
termination of your account, and forfeiture of all prizes
to which your are otherwise entitled.
5.5 Accounts
for Individual Use Only
You,
as the holder of your account, are solely responsible
for all obligations and (assuming compliance with all
other Terms and Conditions of the Site) entitled to all
benefits accruing thereto. You may not allow any other
person to access your account, or access the Site using
your account information. Your account is not transferable
to any other person. By registering and/or participating
in any tournament offered on the Site, you agree to indemnify,
defend, and hold the Site harmless from or for any claims,
liability, damages, and/or costs (including attorneys'
fees) arising from any use of your account by any person.
The
Site reserves the right to terminate your account at any
time with out reason or cause.
6. MEMBER
ACCOUNT, PASSWORD AND SECURITY
You
will be given a user name and password when you register
for an account. You are solely responsible for maintaining
the confidentiality of your account and password. You
are responsible for all actions that occur under your
account. You understand that you must notify SurveyReminder.com, if any unauthorized access or use of your
password or account within 24-hours from time of discovery.
SurveyReminder.com, is not liable for any loss, damage,
or illegal activity that occurs from illegal or unauthorized
use of your account.
You
agree to indemnify and hold SurveyReminder.com and SurveyReminder.com, , and its subsidiaries, affiliates,
officers, agents, co-branders or other partners, and employees,
harmless from any injury or claim you receive or through
your actions is brought against you by using, your connection
with the Site or your violation of the Terms of Use.
8. MODIFICATIONS
TO SERVICE
SurveyReminder.com, reserves the right at any time and
from time to time to modify or discontinue, temporarily
or permanently, the Service or Product (or any part thereof)
with or without notice. You agree to not hold SurveyReminder.com, liable for any modifications, discontinuation,
or termination of the Site.
9. THIRD-PARTY
WEBSITES & LINKS
SurveyReminder.com, may provide links to external websites
or resources on the Internet. SurveyReminder.com, has no control over these external websites or resources
and you agree that SurveyReminder.com, is not responsible
or liable for availability, content, or products from
any third-party websites. You agree that SurveyReminder.com,
is not responsible or liable for any damage or loss
caused by your use of any content, products, or services
through these third-party websites.
10. DISCLAIMER
OF WARRANTIES
YOU EXPRESSLY UNDERSTAND
AND AGREE THAT:
a. YOUR USE OF THE SERVICE IS
AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS
IS" AND "AS AVAILABLE" BASIS. SurveyReminder.com, EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY
KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT
LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE AND NON- INFRINGEMENT.
b. SurveyReminder.com, MAKES
NO WARRANTY THAT (i) THE SITE WILL MEET YOUR REQUIREMENTS,
(ii) THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE,
OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED
FROM THE USE OF THE SITE WILL BE ACCURATE OR RELIABLE,
(iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION,
OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH
THE SITE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS
IN THE SOFTWARE WILL BE CORRECTED.
c. ANY MATERIAL DOWNLOADED OR
OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE
AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE
SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM
OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY
SUCH MATERIAL.
11. LIMITATION
OF LIABILITY
YOU
EXPRESSLY UNDERSTAND AND AGREE THAT SurveyReminder.com,
SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT,
INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES,
INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS,
GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF
SurveyReminder.com, HAS BEEN ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY
TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE
GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION
OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED
OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SITE;
(iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS
OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY
ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE
SITE.
12. Waiver
& Statue of Limitations
The failure of SurveyReminder.com,
or SurveyReminder.com to exercise or enforce any
right or provision of the Terms of Use shall not constitute
a waiver of such right or provision.
Statute of Limitations. You agree
that regardless of any statute or law to the contrary,
any claim or cause of action arising out of or related
to use of the Service or the Terms of Use must be filed
within one (1) year after such claim or cause of action
arose or be forever barred.
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