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Effective Date: October 20, 2006
american-survey.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 american-survey.com website located
at www.american-survey.com. The Website is brought
to you by american-survey.com Holdings, LLC
(“american-survey.com,” “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 american-survey.com 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, american-survey.com 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.
american-survey.com provides its registered
users with an opportunity to complete online
surveys.
3. Registration. To register
for american-survey.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 american-survey.com, 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 american-survey.com: 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 american-survey.com terminates this
Agreement, or suspends your registration for
any of the reasons set forth in this Agreement,
american-survey.com 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 american-survey.com.
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.
american-survey.com 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. american-survey.com
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
american-survey.com 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.
american-survey.com 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, american-survey.com
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, american-survey.com
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. american-survey.com WILL
NOT BE LIABLE FOR THE AVAILABILITY OF ANY UNDERLYING
INTERNET CONNECTION. american-survey.com 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 american-survey.com
SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED
IN THIS AGREEMENT.
11. Limitation of Liability.
YOU AGREE THAT american-survey.com 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 american-survey.com 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 american-survey.com
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 american-survey.com customer service
via e-mail at service@american-survey.com,
or by writing to american-survey.com Customer
Service,
american-survey.com, 250 West 57th Street, Suite
1101, NY NY 10107
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