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SURVEYMANIA TERMS, CONDITIONS, AND NOTICES AGREEMENT BETWEEN
USER AND SURVEYMANIA
This Web site (the "Site") is offered by SurveyMania, to User.
Use of this Site in any manner and to any extent constitutes
User's agreement to abide by the following terms and conditions
(the "Terms"). SurveyMania may modify the Terms and you will
be notified of such changes if you are a member and if the changes
effect your membership. Your continued use of the Site after
such changes are made constitutes your acceptance of such changes.
SurveyMania reserves the right to deny access to this Site to
anyone at any time.
Use of Site. You may view and download the materials
at this Site only for your personal use. You must retain all
copyright, trademark, and other proprietary notices contained
in the original materials on any copy of the materials. You
may not modify the materials at this Site in any way. You may
not copy, reproduce, publish, publicly display, transfer, sell
or offer for sale, distribute, enter in a database, or create
derivative works from the materials or use them in any way for
any public or commercial purpose. You may not copy this material,
by any means (including electronic copies), for distribution
to others unless you have purchased the appropriate number of
copies. Any party receiving a copy of the material is bound
by these use restrictions and may not copy or further distribute
the material. Any use of these materials on any other Web site
or networked computer environment (including any personal network
or email distribution) for any use is prohibited. Any unauthorized
use of copyrited materials may violate copyright, trademark,
and other laws. You may not use materials from the Site in a
manner that violates the Copyright Act (17 U.S.C.A. 21) and/or
the fair use exception of that Act. You may not transfer, sell,
assign, or otherwise transfer your rights or obligations under
this Agreement. By using this Site, you promise SurveyMania
that you will not use this Site for any unlawful or prohibited
Use at Your Own Risk. This Site contains information,
advice, opinions, links to third-party Web sites, and material
from third-party information and content providers. Neither
SurveyMania nor these third-party providers represent or endorse
the accuracy, completeness, or reliability of any advice, opinion,
statement, or other information presented on this Site by SurveyMania,
third-party providers, third-party Web sites, or by any other
person or entity to you. Neither SurveyMania nor its third-party
information or content providers, nor any of their respective
affiliates, agents, or employees, shall be liable to any User
or anyone else for any inaccuracy, error, omission, interruption,
timeliness, completeness, usefulness, validity, deletion, defect,
failure of performance, computer virus, communication line failure,
or alteration of or use of any content or link herein, regardless
of cause, or for any damages resulting therefrom. You rely upon
and use this Site, including links, opinion, advice, statements,
or any other information presented here, at your own risk and
your sole remedy, if dissatisfied, is to discontinue use of
Right to Make Changes. SurveyMania (and in certain instances,
its third-party providers) has the exclusive right to change,
discontinue, or supplement any aspect of SurveyMania service
and information at any time without notice to User. For example,
SurveyMania may change the offering, the format, the content,
the hours of availability, the pricing, the equipment needed
for access, and the usage rights without notice. SurveyMania
may choose to notify you of some changes by means including,
but not limited to, posting on the SurveyMania Web site, notification
by email, or other means. Your use after such notice shall be
conclusively deemed to be acceptance of those changes. You agree
to review the Terms and conditions of this Agreement periodically
to be aware of changes. You also agree that changes to your
email address or failure to provide a current email address
may result in your inability to receive such notice, and so
you waive your right to be notified should SurveyMania not be
provided your current email address.
Third-party Content. SurveyMania distributes (but is
not a publisher) of content supplied by third parties. SurveyMania
does not have editorial control over such content. Such content
expresses the opinions, the advice, the statements, the services,
the offers, or other information of the author(s) and not of
Your Contacts with Advertisers. You may correspond, deal
with, purchase products from, or participate in promotions offered
by advertisers who market their products or services on SurveyMania.
These transactions and correspondence are solely between you
and the advertiser and are governed by the advertiser's terms
of use and sale. You acknowledge and agree that SurveyMania
will not be responsible or liable for any damages, claims, or
losses related to your dealings with the advertiser or which
you incur as a result of the advertiser's presence on SurveyMania.
Your Liability. You shall indemnify and hold harmless
SurveyMania and all those related to its immediate operations
,including affiliates, from and against any and all losses,
expenses, damages, and costs, including reasonable attorneys'
fees which result from your misuse of this Site in any fashion,
any violation of these Terms, or the failure to fulfill your
obligations here. SurveyMania may take over the exclusive defense
of any claim for which we are entitled to indemnification under
this Paragraph. In such event, you will cooperate fully with
us. SurveyMania may also terminate this Agreement and your future
use of this Site, with or without notice. In the event of termination,
the restrictions imposed upon you with respect to material downloaded
from the Site, the disclaimers, and limitations of liabilities
set forth in this agreement survive. You must return or destroy
any previously accessed or archived material within 24 hours
User Submissions. Any material, information, or other
communication you transmit or post to this Site will be treated
of a communication that SurveyMania believes to be defamatory,
profane, obscene, harassing, abusive, threatening, or otherwise
infringing of another's legal rights is strictly prohibited
and may result in SurveyMania's exercise of its right to terminate
your access to this Site.
Disclaimer and Liability Limitation. ALL MATERIALS AND
SERVICES IN THIS SITE AND THIRD-PARTY SITES ARE PROVIDED "AS
IS" WITHOUT WARRANTY OF ANY KIND. SURVEYMANIA AND ITS CONTENT
PROVIDERS, TO THE FULLEST EXTENT ALLOWED BY LAW, DISCLAIM ALL
WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO
WARRANTS OF TITLE, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR
PURPOSE. SURVEYMANIA DOES NOT WARRANT THAT THE SERVICE WILL
BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED,
OR THAT THIS SITE, INCLUDING BULLETIN BOARDS OR THE SERVER THAT
MAKES IT AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
USER ASSUMES THE ENTIRE COST OF ANY NECESSARY MAINTENANCE, REPAIR,
OR CORRECTION. ADDITIONALLY, NO AFFIRMATIVE REPRESENTATIONS
ARE MADE REGARDING THE SUITABILITY OF THE INFORMATION OR THE
ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE CONTENT,
SERVICES, PRODUCTS, TEXT, GRAPHICS, LINKS TO THIRD-PARTY WEB
SITES, OR OTHER ITEMS CONTAINED WITHIN THIS SITE OR THE RESULTS
OBTAINED FROM ACCESSING AND USING THIS SITE AND ITS OFFERINGS.
IN NO EVENT WILL SURVEYMANIA, ITS SUPPLIERS, OR OTHER THIRD
PARTIES MENTIONED OR FEATURED ON THIS SITE BE LIABLE FOR ANY
DAMAGES WHATSOEVER INCLUDING DIRECT, INDIRECT, INCIDENTAL, SPECIAL,
OR CONSEQUENTIAL DAMAGES ARISING OUT OF USE, INABILITY TO USE,
OR THE RESULTS OF USE OF THIS SITE, ANY WEB SITES LINKED TO
THIS SITE, OR THE MATERIALS OR INFORMATION CONTAINED AT ANY
OR ALL SUCH SITES, WHETHER BASED ON WARRANTY, CONTRACT, TORT,
OR OTHER LEGAL THEORY, AND WHETHER OR NOT ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES. YOUR ONLY REMEDY IS TO DISCONTINUE YOUR USE
OF THE SITE. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF LIMITATION
OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LAW MAY
NOT APPLY TO YOU. YOU EXPRESSLY ACKNOWLEDGE THAT THIS PARAGRAPH
SHALL ALSO APPLY TO THIRD-PARTY CONTENT.
- U.S. Government Restricted Rights. Government users will receive no greater than Restricted Rights as defined in FAR 52.227-14, FAR 52.227-19(c) (Jun 1987), or DFAR 252.227-7013(c)(1)(ii)(Oct 1988), DFAR 252.221-7015(c) May 1991), DFAR 252.227-7014, or DFAR 252.227-7018 as applicable in any Software at this Site. Government users will secure no greater than limited rights as defined in FAR 52.227-14, DFAR 252.227-7015, DFAR 252.227-7018, or DFAR 252.227-7013 as applicable in any technical data in this Site.
- Applicable Laws. SurveyMania and its content providers make no representation to you that materials at this Site are appropriate or available for use outside the United States, and access to them from territories where their contents are illegal is prohibited. You may not purchase, use, export, or re-export the materials at this Site or any copy or adaptation in violation of any applicable laws or regulations, including without limitation U.S. export laws and regulations. If you choose to access this Site from outside the United States, you do so on your own initiative and are responsible for compliance with applicable local laws. These Terms will be governed by and construed in accordance with the laws of the State of Washington without giving effect to any principles of conflicts of laws. Any action to enforce this Agreement shall be brought in the federal or state courts located in the State of Washington.
- Inclusion of all Terms. All other notices, policies, disclaimers, and other terms contained in this Site are incorporated here by reference. In the event of a conflict between such other terms and these Terms, these Terms shall control.
- Severability. If any provision is deemed to be unlawful or unenforceable, that shall not affect the validity and enforceability of the remaining provisions.
- All Rights Reserved. Any rights not
expressly granted herein are reserved.
If you have any questions or problems related to this Site, contact us.
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