PrizedOpinions.com Terms and Conditions of Use Thank you for using PrizedOpinions.com! These Terms and Conditions (“Terms”) govern your relationship with and use of the PrizedOpinions.com website and related services (collectively, the “Services”), so please read them carefully. By using the Services you agree to be bound by these. If you are using the Services on behalf of an organization, corporation or other entity, you are agreeing to these Terms on behalf of that entity, and representing that you have the authority to bind that entity to these Terms. IF YOU DO NOT AGREE TO THESE TERMS, YOU MAY NOT ACCESS OR USE THE SERVICES. 1. General Conduct In connection with your use of PrizedOpinions.com’s Services, you agree to abide by these Terms and all applicable state, national and foreign laws and regulations. In addition, you agree to not: (a) use the Services to send unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages, whether commercial or otherwise; (b) harvest or collect information about the users of the Services or use such information for the purpose of transmitting or facilitating the transmission of unsolicited bulk electronic mail or communications; (c) use the Services to post or transmit unlawful, harassing, libelous, abusive, tortious, defamatory, threatening, harmful, invasive of another’s privacy, vulgar, obscene or otherwise objectionable material of any kind or nature, or material which is harmful to minors in any way; (d) use the Services to post or transmit any material that may infringe or violate the intellectual property rights or other rights of third parties; (e) use the Services to post or transmit any material that contains software viruses or other harmful or deleterious computer code, files or programs; (f) interfere with or disrupt servers or networks connected with the Services, or violate the policies and procedures of such networks; (g) attempt to gain unauthorized access to the Services or other accounts, computer systems or networks connected thereto, through password mining or other means; or (h) harass or interfere with another user’s use and enjoyment of the Services. Nothing in these Terms shall create an obligation on PrizedOpinions.com’s part to monitor or police the Services for violations thereof, or to take any punitive or remedial action in response thereto. 2. Your License to Use PrizedOpinions.com Subject to these Terms, you are hereby granted a personal, nontransferable, non-exclusive, revocable license to use the Services solely for their intended use. Under this license you may not, without PrizedOpinions.com’s prior written consent: (a) modify or copy the information or materials on PrizedOpinions.com’s website (collectively, “Materials”); (b) use the Materials for any commercial purpose or any public display; (c) attempt or allow others to decompile, reverse engineer, reverse compile, disassemble, modify, adapt, translate, create derivative works from, sell, rent, lease, loan, timeshare, distribute or sublicense any software contained on PrizedOpinions.com’s website; (d) remove any copyright or proprietary notations from the Materials; or (e) transfer the Materials to another person or “mirror” the materials on any other server. You understand that PrizedOpinions.com may, at its sole discretion, limit, deny, or create different levels of use or charges for different users, or cancel some or
all of the functionality of the Services at any time and without prior notice. This license shall automatically terminate if you violate any of these restrictions, at which point you must destroy any downloaded Materials in your possession, whether in electronic or printed format. 3. Website and Content Ownership PrizedOpinions.com and/or its licensors own all right, title and interest, including intellectual property rights in and to the Services. Any suggestions, ideas, enhancement requests, feedback, recommendations or other information you provide to PrizedOpinions.com relating to the Services will be automatically assigned to and owned exclusively by PrizedOpinions.com. PrizedOpinions.com reserves all rights not expressly granted hereunder. To the extent you own or may own rights to the information you post using the Services, you hereby grant PrizedOpinions.com a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license (“IP License”) to use any content that you post on or in connection with the Services. 4. Facebook Connect In connection with the Services, you will have the option of sharing your results with your Facebook friends. In fact, we encourage it! By doing so, you agree: (a) you will not provide false information or share via a Facebook account belonging to anyone other than yourself without their permission; (b) you will abide by all Facebook’s Terms and Conditions of Use; (c) PrizedOpinions.com may, in its sole discretion, disable your account, block your ability to use Facebook Connect and/or request that content relating to PrizedOpinions.com be removed from your Facebook account if you violate these Terms; and (d) that if we disable your account or block your ability to use the Facebook Connect feature, you will not create another account or attempt to use the Services again without PrizedOpinions.com’s express written permission. 5. Privacy PrizedOpinions.com respects your privacy and strives to provide a positive user experience. Details regarding the information PrizedOpinions.com collects and the ways we use it can be found in our Privacy Policy. By using the Services, you agree to the terms and conditions set forth therein. 6. Term and Termination Your right to use the Services automatically terminates upon your breach of these Terms. In addition, PrizedOpinions.com may terminate for any reason or no reason the licenses granted hereunder and the availability of the Services. Sections 2, 3, 4, 7, 8, 9, 12, 13, and 14 shall survive the termination of these Terms. 7. Disclaimer of Warranties PRIZEDOPINIONS.COM IS FOR EDUCATIONAL PURPOSES ONLY, AND, AS SUCH, PROVIDES THE SERVICES ‘AS IS’, WITH NO EXPRESS, STATUTORY OR IMPLIED WARRANTIES OR GUARANTEES OF ANY KIND. PRIZEDOPINIONS.COM SPECIFICALLY DISCLAIMS THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR
A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS RELATED TO THE SERVICES OR THESE TERMS. PRIZEDOPINIONS.COM DOES NOT WARRANT THAT THE SERVICES SHALL BE UNINTERRUPTED OR ERROR FREE, AND MAKES NO WARRANTIES REGARDING THE COMPLETENESS, ACCURACY OR AVAILABILITY THEREOF. NEITHER PRIZEDOPINIONS.COM NOR ITS PARTNERS OR AFFILIATES MAKE ANY REPRESENTATION OR WARRANTY REGARDING THE COMPLETENESS OR ACCURACY OF ANY MATERIALS OR OTHER INFORMATION PROVIDED IN CONNECTION WITH THE SERVICES, AND YOU AGREE THAT YOU WILL NOT RELY ON SUCH MATERIAL OR INFORMATION FOR ANY PURPOSE. This disclaimer of warranties constitutes an essential part of these Terms. 8. Limitation of Liability NEITHER PRIZEDOPINIONS.COM NOR ITS PARTNERS, AFFILIATES OR LICENSORS SHALL BE LIABLE UNDER ANY THEORY FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES, OR FOR ANY CLAIM BY ANY THIRD PARTY, REGARDLESS OF THE THEORY ON WHICH ANY SUCH DAMAGES MAY BE BASED, EVEN IF PRIZEDOPINIONS.COM OR ITS PARTNERS, AFFILIATES OR LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE §1542, WHICH SAYS: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR. IF UNDER APPLICABLE LAW THE FOREGOING LIMITATION OF LIABILITY IS NOT ENFORCEABLE, THEN THEY SHALL BE DEEMED REFORMULATED TO LIMIT PRIZEDOPINIONS.COM’S LIABILITY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. Some jurisdictions prohibit the exclusion or limitation of liability for damages, so the above limitations may not apply to you and you may have other legal rights that vary by jurisdiction. This limitation of liability constitutes an essential part of these Terms. 9. Indemnification You hereby agree to indemnify and hold harmless PrizedOpinions.com and its partners, affiliates and licensors and any party whom PrizedOpinions.com may be required to indemnify against any claim, damage, loss, liability or expense, including attorneys' fees, arising from or relating to your use of the Services in any way contrary to these Terms, including but not limited to your infringement of the intellectual property rights of others. 10. Modification of Terms PrizedOpinions.com reserves the right, at its sole discretion, to change, amend or modify these Terms and the policies relating to the Services at any time. You are responsible for regularly reviewing these Terms and shall be deemed to have been notified of these changes upon the posting an updated version of these Terms on the Site. Your continued use of the Services after any changes shall constitute your acceptance of such.
11. Notices All notices, requests or other communications required to be given under these Terms must be in writing. PrizedOpinions.com may give notice by means of a general notice on the Site. You may give notice to PrizedOpinions.com by email or pre-paid post to the following addresses, as may be updated from time to time in these Terms: PrizedOpinions.com 801 16th Street Sacramento, CA 95814 info(at)prizedopinions(dot)com A general notice on PrizedOpinions.com shall be deemed to have been served the next time you use the Services. 12. Arbitration You agree that any dispute or claim arising out of or relating to these Terms or the use of the Services (including our Privacy Policy) will be completely and finally settled on an individual basis through binding arbitration, to be conducted in Sacramento, California (or at such other location as the parties may agree) under the commercial arbitration rules (then prevailing) of the American Arbitration Association, by one arbitrator appointed in accordance with those rules. The arbitrator will apply the law specified in Section 14 to the merits of any dispute or claim. The decision of the arbitrator shall be final, conclusive and binding on the parties to the arbitration. Judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. The arbitrator may grant permanent injunctions or other relief in such dispute or claim; provided that the arbitrator may not grant licenses to any intellectual property owned by either party nor may the arbitrator award punitive damages. Notwithstanding the foregoing, without breach of this arbitration provision either party may apply to any court of competent jurisdiction to collect amounts due, for temporary injunctive relief, or to enforce such party's intellectual property rights. 13. Attorney’s Fees In the event either party brings a claim arising from or relating to these Terms or your use of the Services in a venue or manner other than that set forth in Section 12, and an order is entered dismissing that claim or transferring it to arbitration, the party requesting that order shall be entitled to its reasonable attorney’s fees and costs incurred in connection with having such claim dismissed or transferred, or in defending the validity or enforceability of Section 12 or this Section 13, from the party bringing the claim. 14. Choice of Law; Severability; Waiver; Entire Agreement; Assignment These Terms shall be governed in all respects by the laws of the State of California, without application of the conflict of law principles thereof. If any provision of these Terms is held to be illegal, invalid or
unenforceable, the legality, validity and enforceability of the remaining provisions of these Terms shall not be affected or impaired thereby. No waiver by either party of the breach of these Terms will be valid or binding unless made in writing and signed by the party prejudiced thereby. These Terms constitute the entire agreement with respect to the subject matter hereof and supersede all prior or contemporaneous oral or written agreements concerning such subject matter. You may not assign or transfer these Terms, your rights hereunder without PrizedOpinions.com’s prior written consent. PrizedOpinions.com may transfer its rights, responsibilities or liabilities arising hereunder or relating to the Services at any time. 1/1/2015
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