| Effective
Date: October 10, 2005
NATIONALOPINIONSURVEY.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 NationalOpinionSurvey.com website located at www.NationalOpinionSurvey.com (the “Website”).
The Website is brought to you by MediaWhiz™ Holdings, LLC (“MediaWhiz™,”
“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 MediaWhiz™ 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, MediaWhiz™
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. NationalOpinionSurvey.com
provides its registered users with an opportunity to complete online
surveys and enter sweepstakes to win prizes. Click
here to view our Official Contest Rules.
3. Registration. To register for NationalOpinionSurvey.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 MediaWhiz™,
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 MediaWhiz™: 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
MediaWhiz™ terminates this Agreement, or suspends your registration
for any of the reasons set forth in this Agreement, MediaWhiz™
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 MediaWhiz™.
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. MediaWhiz™ 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. MediaWhiz™
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 MediaWhiz™ 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. MediaWhiz™
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 and Official Contest Rules, which are 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. Click
Here to view the Official Contest Rules.
9. Indemnification. You agree to indemnify, defend
and hold harmless, MediaWhiz™ 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, MEDIAWHIZ™ 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. MEDIAWHIZ™ WILL NOT BE LIABLE FOR THE AVAILABILITY
OF ANY UNDERLYING INTERNET CONNECTION. MEDIAWHIZ™ 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
MEDIAWHIZ™ SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS
AGREEMENT.
11. Limitation of Liability. YOU AGREE THAT MEDIAWHIZ™
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 MEDIAWHIZ™ 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 MediaWhiz™ 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 NationalOpinionSurvey.com
customer service via e-mail at service@nationalopinionsurvey.com,
or by writing to NationalOpinionSurvey.com Customer Service, P.O. Box
1119, Old Chelsea Station, New York, NY 10113.
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