TERMS OF USE
1. AGREEMENT TO TERMS FOR USE OF WEBSITE
The promotions through our search, display, or email marketing ("Services") are subject to the following Terms of Use ("TOU") and all applicable laws and regulations. By accessing and using our Services you agree to abide by and be governed by these Terms of Use which incorporates the posted Privacy Policy as though fully set forth herein. Irrespective of where you reside, you agree that you are entering into this Agreement in the State of Delaware and your use of our website shall be governed by Delaware state law. If you do not agree and accept these Terms of Use or Privacy Policy, please do not use our Services.
THIS AGREEMENT CONTAINS A PROVISION FOR BINDING ARBITRATION AND WAIVER OF CLASS ACTION PARTICIPATION. PLEASE REVIEW FULLY AND CAREFULLY.
2. ADVERTISER PROMOTIONS
We promote third party advertising content in the form of search, email, or display marketing. The advertising, products, and services promoted do not belong to us. We receive compensation from providing the sponsors with leads or traffic to their promotions or products. We do not endorse or recommend any advertised product or service.
3. INTELLECTUAL PROPERTY RIGHTS
All advertising content and linked through websites are owned and copyrighted or provided by a third party who owns the intellectual property to the same. Third party trademarks, logos, or service marks are owned by the respective owners. Our use of third-party trademarks, logos, or service marks does not imply that we recommend such products or services, but rather that they are clients of ours for promotional Services.
4. PRIVACY
Any personal data you transmit to us by electronic mail or otherwise will be used by us in accordance with our Posted Privacy Policy, which is incorporated herein as though fully set forth. Any communication or material you transmit to us by electronic mail or otherwise, including but not limited to questions, comments, suggestions, or inquiries will be treated as non-confidential and non-proprietary. Any collection and use of your personal data by our clients is governed by their privacy policy and you should review the same prior to providing any information to them.
5. DISCLAIMER OF WARRANTIES
THE WEBSITE, ANY SERVICE PROVIDED BY US, ANY SPONSORED CONTENT, IS SUBJECT TO CHANGE AND IS PROVIDED TO YOU "AS IS'' WITHOUT ANY WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON INFRINGEMENT. IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, WE MAKE NO WARRANTY THAT: (a) THE WEBSITE, ANY SERVICE PROVIDED, AND/OR CONTENT WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS; (b) THE WEBSITE, ANY SERVICES, OR PRODUCTS PROVIDED ON OUR THROUGH THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; OR (c) RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE, ANY SERVICE OR PRODUCT PROVIDED, AND/OR CONTENT WILL BE ACCURATE OR RELIABLE. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE, ANY SERVICE OR PRODUCT PROVIDED, IS DONE AT YOUR OWN DISCRETION AND RISK AND 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. WE ASSUME NO RESPONSIBILITY FOR THE DELETION OF, OR FAILURE TO STORE, MESSAGES AND ANY OTHER PERSONAL INFORMATION RELATING TO THE WEBSITE, ANY SERVICE OR PRODUCT PROVIDED. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US, OR THROUGH OR FROM THE WEBSITE, ANY SERVICE OR PRODUCT AND/OR CONTENT, SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS OF USE. THE WEBSITE AND/OR CONTENT MAY CONTAIN BUGS, ERRORS, PROBLEMS, OR OTHER LIMITATIONS. WE WILL NOT BE LIABLE FOR THE AVAILABILITY OF THE UNDERLYING TELECOMMUNICATIONS SERVICE.
6. EXCLUSION OF LIABILITY
YOUR USE OF THE WEBSITE IS AT YOUR OWN RISK. NEITHER WE, NOR ANY OF OUR AFFILIATES, PARENT COMPANIES, OWNERS, SUBSIDIARIES, AFFILIATES, OFFICERS, OR DIRECTORS, NOR ANY OF ITS AGENTS, OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE WEBSITE, ARE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR OTHER DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS WEBSITE OR CONTENT WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES. ACCESS AND USE OF THE WEBSITE IS AT YOUR SOLE RISK.
7. LINKS TO THIRD PARTY WEBSITES
Our Services contain links to Websites owned or operated by parties other than us. These links are provided for your convenience only. We do not control, and are not responsible for, the content or privacy policies on, or the security of, such Websites and disclaim any responsibility relating to such Websites. Neither do we endorse the content, or any products or services available through our Services or on third party websites.
8. REVISIONS TO THE TERMS
We may revise these Terms of Use at any time in the future to: (a) improve or modify the Website or any services provided thereon or through; (b) reflect future developments in our data information gathering, storing, and release practices; (c) comply with applicable laws; and (d) changes in our business structure. Accordingly, you should review these Terms of Use from time to time to check for updates as no further notice other than posting will be provided to you. Your continued use of the Website and/or participation in a survey shall evidence your acceptance of any changes. All changes shall be forward facing and implemented from the date of posting forward.
9. DISPUTE RESOLUTION.
Binding Arbitration. You and we each agree that any and all disputes or claims that have arisen or may arise between you and us relating in any way to or arising out of this TOU or Website shall be resolved exclusively through final and binding arbitration through the American Arbitration Association, consumer division rules, before a single arbitrator in a mutually agreeable location, rather than in court. The Federal Arbitration Act governs the interpretation and enforcement of this Agreement to Arbitrate section (this "Agreement to Arbitrate"). The arbitrator shall be precluded from awarding damages greater than the limitation set forth in this Agreement and shall not be authorized to award punitive damages against either party.
Prohibition of Class and Representative Actions and Non-Individualized Relief.
YOU AND WE AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH YOU AND US AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON'S OR PARTY'S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY'S INDIVIDUAL CLAIM(S). ANY RELIEF AWARDED CANNOT AFFECT OUR OTHER USERS.
Severability.
Except for "Prohibition of Class and Representative Actions and Non-Individualized Relief", if an arbitrator or court decides that any part of this Agreement to Arbitrate is invalid or unenforceable, the other parts of this Agreement to Arbitrate shall still apply. If an arbitrator or court decides that any of the provisions in Section 9 of this TOU is invalid or unenforceable, then the entirety of this Agreement to Arbitrate shall be null and void. The remainder of the Agreement and its Legal Disputes Section will continue to apply and that jurisdiction over and venue of any suit shall be exclusively in the state and federal courts sitting in Delaware.
THESE TERMS PROVIDE THAT ALL DISPUTES BETWEEN US WILL BE RESOLVED BY BINDING ARBITRATION. YOU GIVE UP YOUR RIGHT TO GO TO COURT TO ASSERT OR DEFEND YOUR RIGHTS. YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN OR BRING CLASS ACTIONS. YOUR RIGHTS WILL BE DETERMINED BY NEUTRAL ARBITRATORS AND NOT A JUDGE OR JURY.
10. WAIVER AND SEVERABILITY OF TERMS
The failure by us to exercise or enforce any right or provision of this TOU shall not constitute a waiver of such right or provision. If any provision of this TOU is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Agreement remain in full force and effect.
11. ENTIRE AGREEMENT
These Terms of Use constitutes the entire agreement between you and us and governs your use of our survey and Website superseding any prior agreements. If any part of this TOU is determined unenforceable pursuant to applicable law, then the invalid and unenforceable provision will be deemed superseded by a valid and enforceable provision that most closely matches the intent of the original provision and the remainder of this TOU shall remain in effect.
12. ELECTRONIC COMMUNICATIONS
When you visit our Website or send email to us, you are communicating with us electronically. You consent to receive communications from us electronically. Although we may choose to communicate with you by regular mail, we may also choose to communicate with you by email or by posting notices. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.