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Terms of Agreement

MarketSurveys.com., a California corporation, hereinafter MarketSurveys.com, is a marketing research company based in Los Angeles, California. MarketSurveys.com provides and maintains an Internet Web site (the "Site") with related tools and processes to create surveys and obtain survey and focus group results and associated services (the "Services"). The Services and use of the Site are provided to you, the survey or focus group respondent, hereinafter "Respondent" or "you", under the terms and conditions set forth in the Terms of Agreement and any rules or policies otherwise set forth on this site or published from time to time by MarketSurveys.com. Respondents receive “Points”, hereinafter Pay, Payment, Payout, Compensation, Compensated or MarketSurveys Points, that are provided to those who complete an entire marketing research study, survey or focus group and whose results are accepted by our client under the terms and conditions set forth in the Terms of Agreement. Each Point has a ten cent ($.10) monetary value, which is transferable to Checks or Respondent PayPal™ accounts under the terms and conditions set forth in the Terms of Agreement and any rules or policies otherwise set forth on this site or published from time to time by MarketSurveys.com. The Terms of Agreement set forth below and any rules or policies otherwise set forth on this Site comprise the entire agreement between Respondent and MarketSurveys.com and supersedes any and all prior agreements or understandings between the parties. The Terms of Agreement set forth below and any rules or policies otherwise set forth on this Site comprise the entire agreement between Respondent and MarketSurveys.com and may be discontinued at any time.

1. ACKNOWLEDGMENT AND ACCEPTANCE.

You expressly agree to receive survey or focus group participation requests by email from our existing registered Clients or prospective Clients who may not be known to you. You acknowledge that you can "opt-out" of receiving these survey requests at any time, although it may take several weeks before you stop receiving the requests. You understand that MarketSurveys.com will use the information you provide during the registration process to determine if your demographic profile matches the requirements of our Clients who seek Respondents to respond to their surveys or focus groups. You acknowledge that you have no objection to the use of your registration information for these purposes. You acknowledge that MarketSurveys.com does not send survey requests of its own unless clearly notified on the request that the survey is from MarketSurveys.com; rather, MarketSurveys.com provides a complete solution for third party clients to conduct surveys. MarketSurveys.com has no control over the content or subject matter of the surveys or invitations to take surveys, or the results or invitations to view the results that these third party surveys or focus groups generate. You further understand that if a survey or focus group asks for personal information about you and you choose to supply it to the third party, MarketSurveys.com has no control over the third party's use of that personal information. You acknowledge that you will be awarded with MarketSurveys Points for each completed survey as determined by MarketSurveys.com. If you do not finish the survey in the allotted time, MarketSurveys.com has the right to decline to pay any Compensation to you. Unless otherwise stated, all MarketSurveys.com surveys and/or its clients surveys are by invitation only and individuals may participate only once in each MarketSurveys.com survey to which they are invited. Unless otherwise stated, participants who do not receive invitations directly from MarketSurveys.com or from a company contracted by MarketSurveys.com or its clients to issue email invitations are not eligible for Compensation if any is offered. Individuals who attempt to participate in a survey more than once are not eligible for Compensation if any is offered. Unless otherwise noted, only one person per household may participate in each MarketSurveys.com survey. MarketSurveys.com may track your use of the MarketSurveys.com Web Site, but it may only use and disclose any information and materials received from you or collected through your use of the MarketSurveys.com Web Site in accordance with the guidelines set forth in its Privacy Policy.

PLEASE READ THE FOLLOWING TERMS OF AGREEMENT CAREFULLY. BY COMPLETING THE REGISTRATION PROCESS AND CLICKING ON "I AGREE" YOU ACCEPT AND AGREE TO ALL OF THE TERMS AND CONDITIONS SET FORTH IN THE TERMS OF AGREEMENT, INCLUDING ALL WARRANTIES AND PROMISES. RESPONDENT HEREBY ACKNOWLEDGES AND WARRANTS THAT RESPONDENT IS 13 YEARS OF AGE OR OLDER.

2. MODIFICATION TO SERVICES PROVIDED.

Respondent acknowledges and agrees that MarketSurveys.com may, with or without notice, modify, delete, or amend the Services and/or Site provided hereunder. Further, Respondent acknowledges and agrees that MarketSurveys.com may further modify, delete or amend the Terms of Agreement from time to time. In either event, MarketSurveys.com will notify Respondent of any modification, deletion or amendment on the Site, by email or otherwise. If Respondent does not accept the modification, deletion or amendment, Respondent must terminate Respondent's registration at that time. Any and all use of the site or the Services by Respondent after the notice is posted shall be deemed to be acceptance of the modification, deletion or amendment (as well as all other terms and conditions) to the Services, Site or Terms of Agreement.

3. REGISTRATION AND PASSWORD.

Respondent shall provide current, complete, accurate information in the registration section of the Site. Respondent shall further update and keep such information current as needed. Respondent must be 13 years of age or older to register. Respondent shall provide a password or accept a MarketSurveys.com assigned password in order to access the Services. Respondent is solely responsible for maintaining the confidentiality of Respondent's password and account information. Respondent shall immediately notify MarketSurveys.com of any unauthorized account activity, or any unauthorized use or any other breach of security known to Respondent.

4. PAYMENTS TO PERSONAL ACCOUNTS

MarketSurveys.com will give Respondent awards (MarketSurveys Points) for participating in and completing online surveys. MarketSurveys.com will give a specific amount of MarketSurveys Points for each such survey. Before each survey You will be informed of the amount of MarketSurveys Points awarded for that particular survey should you qualify and complete that survey MarketSurveys.com may from time to time request Respondent to participate should they desire in third-party surveys and MarketSurveys.com reserves the right to Compensate Respondent at a value determined at our sole discretion. Respondent will be alerted in advance to the award for any such third-party study and has the choice not to participate. As MarketSurveys.com will sometimes use email addresses that are entered at the end of a third-party survey for verification, MarketSurveys.com will not be responsible if Respondent deletes or changes their email address before they have been credited for that survey. MarketSurveys Points are deposited in an online Respondent Personal Account and amounts are displayed on Respondent's Personal Account web page. Each MarketSurveys Point is valued at ten ($.10) cents USD. A transaction fee of 10% will be deducted for PayPal™ or Check payments. Once the required number of MarketSurveys Points has been accumulated into Respondent’s personal account, Respondent will have the option of redeeming accumulated MarketSurveys Points. Payment will be made with the member’s choice of either PayPal™ or Checks mailed to the member.

In order for an account to be established in your name and your incentives properly credited to your account, you must complete the online form. To open an account you must provide MarketSurveys with complete and valid contact information, including your full legal name, home address, and valid email address. All account holders must be at least thirteen (13) years of age. No person may establish or maintain more than one (1) account with MarketSurveys, and each account must have a unique and valid email address and password. By completing the online form, you represent that you are at least thirteen (13) years of age and that the information you have provided to MarketSurveys is accurate and truthful in all respects and pertains to you and no other person. If you are under the age of eighteen (18) when you redeem any incentives and the amount you redeem is fifty (50) dollars or more, the check for your incentives will be made payable to a parent or legal guardian, whose name and contact information you must supply to MarketSurveys before it completes the redemption. MarketSurveys will request this information via an email request to the address then registered, and if you fail to provide the information, your incentives will be forfeited and become the property of MarketSurveys. MarketSurveys reserves the right to terminate any duplicate accounts or any account established with untruthful information. YOU UNDERSTAND AND AGREE THAT ALL ACCUMULATED AMOUNTS IN ANY DUPLICATE ACCOUNT OR ANY ACCOUNT ESTABLISHED WITH UNTRUTHFUL INFORMATION WILL BE FORFEITED AND WILL BECOME THE PROPERTY OF MARKETSURVEYS.COM. Your account information (except information used generically for demographic purposes) will be made available to third parties only in accordance with the MarketSurveys Privacy Policy as amended from time to time, unless required otherwise by law or order of a court or governmental agency, or as otherwise provided in these Terms and Conditions.

Your use of the and accumulation of any MarketSurveys Points hereunder are personal to you, and you may not use anyone else's MarketSurveys Points or assign, transfer, pool, "lend," sell, or exchange your MarketSurveys Points or your right to participate in the MarketSurveys Points Program. You may use only one (1) password to open and access your account, and you may not use another account holder's password or allow anyone else to use your password, for any reason. MarketSurveys will not be responsible for any losses incurred through the use of your password by a third party.

MarketSurveys.com will maintain a record of the incentives credited to your account and allow you to check the status of your account online by logging in. If you feel the incentive amounts credited to your account are incorrect, you must contact MarketSurveys.com by email and explain in full the basis of your dispute, attaching any relevant documents which offer evidence of the discrepancy. Upon receipt of your notice, we will investigate your claim and notify you of our decision to adjust or maintain the amount of incentives credited to your account, as we deem appropriate, within thirty (30) days. If we need additional time to decide your claim, we will notify you and will endeavor to render a decision as soon as reasonably practicable. Any decision by us with regard to such a claim will be final.

BY COMPLETING THE SIGN-UP FORM AND UTILIZING THE INCENTIVE PROGRAM, YOU ACKNOWLEDGE AND AGREE THAT MARKETSURVEYS.COM IS NOT A BANK OR ANY OTHER KIND OR FORM OF FINANCIAL INSTITUTION AND THAT MARKETSURVEYS.COM DOES NOT MAINTAIN YOUR ACCOUNT FOR ANY PURPOSE OTHER THAN THOSE SPECIFIED HEREIN. YOU FURTHER AGREE THAT THE MarketSurveys Points CREDITED TO YOUR ACCOUNT ARE NOT ACTUAL CASH DEPOSITS AND ARE ONLY ACCOUNT ENTRIES THAT ENTITLE YOU TO THE AMOUNT OF THE CREDITED INCENTIVES IF YOU REDEEM THEM IN ACCORDANCE WITH THESE TERMS AND CONDITIONS. YOU FURTHER AGREE THAT YOU MAY ONLY REDEEM THE AMOUNTS IN YOUR ACCOUNT IN THE MANNER AND ACCORDING TO THE PROCEDURES DESCRIBED IN THESE TERMS AND CONDITIONS, WHICH WE MAY AMEND FROM TIME TO TIME.

You may be required under federal, state, and/or local laws to pay taxes on the MarketSurveys Points you earn. You acknowledge that we may supply information to taxing agencies, or withhold taxes, at the request of those agencies or as we in our sole discretion deem appropriate. You acknowledge and agree that you will provide MarketSurveys.com with any additional personal information that MarketSurveys.com needs to comply with any reporting or withholding obligations. Your failure to provide such information within 30 days of a request sent by MarketSurveys.com to the email address registered at that time will result in the forfeiture of your incentives.

NO PAYMENT GUARANTEE. MarketSurveys does NOT guarantee that a member will receive credit for a completed survey and offer. MarketSurveyMarketSurveys make reasonable efforts to track and report your signing up for offers but does not guarantee the precision of the process. We reserve the right to refuse the credit to members for offers for a variety of reasons, including, but not limited to, lack of appropriate information, improper signup, improper browser settings, results that are not accepted by our client, errors in third party reporting, and / or any other reason.

We reserve the right not to award any points for any improper activity on your part. Common reasons for not awarding points or rejecting completed surveys include but are not limited to:

  1. Registering with MarketSurveys.com by providing false or misleading information
  2. Changing your profile and giving false or misleading information
  3. Creating multiple MarketSurveys.com accounts
  4. Taking the same survey more than once
  5. Taking a survey, not qualifying, then taking the same survey again with knowledge of how to get through the qualifying process
  6. Telling another member how to get through the survey qualifying process
  7. Intentionally giving faulty responses on a survey
  8. Completing a survey so quickly that you would not have been physically able to read the questions
  9. Posting our links to surveys anywhere on the Internet
  10. Registering if you are under the age of 13 years old
  11. If we request a specific Respondent profile in our email invite and you do not fit that profile, but attempt to take the survey anyway
  12. Registering or changing your user profile with usernames or email addresses that MarketSurveys.com deems indecent
  13. Unable to answer profile verification questions

If you are a US citizen, and have a dispute, you will be required to give us full name and postal address, so we can verify your registration information with US State records. Dispute resolution is available for US citizens only. After we have run a check on your profile, if we should decide to re-open your account we will re-open your account and deliver you an email statement as to why your account was closed. If your records do not match, your account will remain closed and no further action will be taken. If you are from outside the USA, we will not be able to process your dispute and there will be no recourse, your account will remain closed.

PayPal™ payments

PayPal™: Respondent will only receive a Payout after Respondent has accumulated at least ten ($10) US dollars worth of MarketSurveys Points. Respondent may cash out using the terms and conditions specified on their personal PayPal™ account. Payments will only be made in ten ($10) dollar increments. MarketSurvey.com has no liability with regard to Respondent’s personal PayPal™ account. Any and all transactions related to PayPal™ will be subject to the Terms and Conditions of PayPal™

REDEMPTION PROCESS REQUIREMENTS. MarketSurveys.com members must: (a) provide and submit their email address and password which has been verified by MarketSurveys.com, (b) provide and submit their current mailing address, (c) provide and submit their correct first name, and (d) sign-up, get approved for and activate (where applicable) membership, free trial or requirements posted by MarketSurveys.com. In some cases incentives for survey offers and other offers will show a pending approval for 4 to 6 weeks, until all completed surveys are validated as acceptable completed surveys. We don't mail checks to any participants in our survey panel; rather, 100% of the payments are processed by PayPal™. You can get your free PayPal™ account at www.paypal.com and you can update your information anytime by Login here. MarketSurveys.com will make payments only to users with US Verified PayPal™ Accounts.

Any unused MarketSurveys Points Dollars will remain in Respondent's Personal Account. Respondent will not be able to redeem any remaining MarketSurveys Points until Respondent's Personal Account again has a minimum of ten US dollars worth of MarketSurveys Points. MarketSurveys.com reserves the right to charge a nominal processing fee of 10% for all Pay Outs involving either personal checks or PayPal™.

Check payments

Checks sent via mail: Respondent will only receive a Payout after Respondent has accumulated at least ten ($10) USD worth of MarketSurveys Points in their Personal Account. Payments will only be made in ten ($10) dollar increments.

Any unused MarketSurveys Points Dollars will remain in Respondent's Personal Account. Respondent will not be able to redeem any remaining MarketSurveys Points until Respondent's Personal Account again has a minimum of ten US dollar’s worth of MarketSurveys Points. MarketSurveys.com reserves the right to charge a nominal processing fee of 10% for all Pay Outs involving personal checks.

5. INACTIVE PERSONAL ACCOUNTS

If at any time after you have begun using the Incentive Program you become "inactive", MarketSurveys.com will attempt to notify you via email, using the email address that is registered with MarketSurveys.com at that time to advise you that all of the MarketSurveys Points in your account will be forfeited if you do not withdraw them in accordance with these Terms and Conditions or participate in a survey. You will have thirty (30) days from the time that such notification email is sent to the email address to participate in a survey or to request that your MarketSurveys Points be redeemed. If you fail to participate in a survey or make such a request within this thirty (30) day period, all of your MarketSurveys Points will be forfeited and will become the property of MarketSurveys.com. MarketSurveys.com assumes no responsibility for your failure to receive any email notification sent in accordance with this section, regardless of the cause of such failure, whether due to hardware or software malfunction, your inability to access your email as a result of sickness or absence, or otherwise. "Inactive" shall mean that you have failed to participate in a survey for a period of six (6) months. "Participate" shall mean starting a survey.

6. ACCURATE AND TRUTHFUL INFORMATION

Respondent shall provide accurate and truthful registration and survey information. Only Respondent shall provide survey information when completing a survey response through Respondent's account. Respondent warrants that the opinions and statements given in a survey response represent Respondent’s true opinion or view. Furthermore, MarketSurveys.com shall have the right to analyze Respondent's survey responses for accuracy and truthfulness. If MarketSurveys.com and/or our clients have reason to believe that Respondent is not providing accurate and truthful registration or survey information, or if Respondent is allowing someone other than Respondent to contribute to survey responses, MarketSurveys.com shall have the right to terminate Respondent's account and Respondent shall not be Compensated for any funds in Respondent's account.

7. INAPPROPRIATE USE OF PROPRIETARY INFORMATION

Occasionally by the act of taking a survey the Respondent will be exposed to different types of information for the purposes of completing a research study. This information may include but is not limited to audio and/or video files, print advertising, product details, film clips or special offers. All such information is to be considered highly confidential. It is against the law to copy, reproduce, post or share in whole or in part any such information with any third party. To do so will be considered in direct violation of Copyright law and may be subject to criminal prosecution, as well as termination of participation.

8. PRIVACY.

MarketSurveys.com is committed to its policy of protecting the privacy and confidential information of the Clients and Respondents. Please see MarketSurveys.com PRIVACY POLICY for additional information on privacy.

10. DISCLAIMER OF WARRANTIES.

RESPONDENT EXPRESSLY ACKNOWLEDGES AND AGREES THAT USE OF THE SERVICE AND THE SITE IS AT Respondent's SOLE RISK. THE SERVICE AND THE SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT ALLOWED BY LAW, MARKETSURVEYS.COM EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. THE CONTENTS OF THE SERVICES OR THE SITE MAY CONTAIN ERRORS, PROBLEMS OR OTHER LIMITATIONS. MARKETSURVEYS.COM ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN CONTENT. MARKETSURVEYS.COM IS NOT RESPONSIBLE FOR THE CONTENTS OF ANY SURVEY OR FOCUS GROUP OR SURVEY OR FOCUS GROUP INSTRUCTIONS, NOR IS IT RESPONSIBLE FOR THE RESPONSES SUBMITTED TO ANY SURVEY OR FOCUS GROUP REQUESTS OR FOR THE RESULTS GENERATED BY SURVEY OR FOCUS GROUP RESPONSES. MARKETSURVEYS.COM DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE RELIABILITY OR ACCURACY OF THE REGISTRATION INFORMATION SUPPLIED TO MARKETSURVEYS.COM NOR THE RESPONSES OR INFORMATION SUPPLIED BY RESPONDENTS IN RESPONSE TO SURVEYS OR FOCUS GROUPS. MARKETSURVEYS.COM DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE CONSEQUENCES OF THE USE OF ANY SURVEY OR FOCUS GROUP, SURVEY OR FOCUS GROUP RESPONSES OR SURVEY OR FOCUS GROUP RESULTS NOR DOES MARKETSURVEYS.COM WARRANT THE CORRECTNESS, USEFULNESS, RELIABILITY, ACCURACY OR OTHERWISE OF ANY SURVEY OR FOCUS GROUP, SURVEY OR FOCUS GROUP RESPONSES OR SURVEY OR FOCUS GROUP RESULTS. MARKETSURVEYS.COM MAKES NO WARRANTY THAT THE SERVICE OR SITE WILL BE UNINTERRUPED, TIMELY, SECURE, VIRUS-FREE, ERROR-FREE, ACCURATE OR RELIABLE; NOR DOES MARKETSURVEYS.COM MAKE ANY WARRANTY AS TO ANY INFORMATION THAT MAY BE OBTAINED THROUGH THE SERVICE OR SITE OR THAT DEFECTS IN THE SOFTWARE FOR THE SERVICE WILL BE CORRECTED OR THAT THE SITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. RESPONDENT UNDERSTANDS AND AGREES THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH USE OF THE SERVICE OR SITE IS DONE AT RESPONDENT’S OWN DISCRETION AND RISK AND THAT RESPONDENT WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO RESPONDENT’S COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL OR DATA. MARKETSURVEYS.COM MAKES NO WARRANTY REGARDING ANY GOODS OBTAINED THROUGH THE SERVICE OR SITE. OR ANY TRANSACTIONS ENTERED INTO THROUGH OR BASED UPON THE SERVICE OR THE SITE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY RESPONDENT FROM THE SERVICE OR SITE OR THROUGH THE SERVICE OR SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. RESPONDENT ACKNOWLEDGES THAT RESPONDENT’S USE OF THE SITE AND SERVICES ARE AT RESPONDENTS OWN RISK.

10. LIMITATION OF LIABILITY.

TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, NEITHER MARKETSURVEYS.COM NOR ANY PARENT ENTITIES, SUBSIDIARIES, CLIENTS, AFFILIATES, OFFICERS OR EMPLOYEES SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF RESPONDENTS ACCESS TO, USE OF, INABILITY TO USE, OR RELIANCE ON THE SERVICE OR ANY SURVEYS OR FOCUS GROUPS, SURVEY OR FOCUS GROUP RESPONSES OR SURVEY OR FOCUS GROUP RESULTS, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF RESPONDENT IS DISSATISFIED WITH THE SERVICE, THE MATERIALS AVAILABLE ON OR THROUGH THE SERVICE OR THE SITE, OR WITH ANY OF THE TERMS OF AGREEMENT, RESPONDENT’S SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICE AND LEAVE THE SITE IMMEDIATELY.

11. NO SPAMMING OR JUNK MAIL.

From time to time, MarketSurveys.com may solicit feedback on services provided by the site. Respondent warrants that Respondent's use of the Site or Service will not violate any spamming, junk mail or other related laws or regulations prohibiting or discouraging unsolicited mail If you have breached the Terms of Agreement, MarketSurveys.com will report such conduct to the appropriate authorities and turn over any and all information, including personally identifying information, to appropriate persons or entities.

12. PROPRIETARY RIGHTS.

MarketSurveys.com owns the content, including the graphics, names, text, software, music, videos, sound, pictures, compilations, survey templates, surveys, survey responses, survey results, related survey data, focus group process, focus group responses, focus group results, page layout, design, processes, procedures, magnetic translation, digital conversion or other material contained in the Service and the Site. All content, with the possible exception of third party content, is protected by copyrights, trademarks, service marks, patents, or other proprietary rights and laws. No one may copy, reproduce, distribute in any way, or decompile, reverse engineer or disassemble the content. Modification or use of the content in any other way is a violation of copyright and other proprietary laws. No one may copy, reproduce, transmit, post, distribute or create derivative works from this Site without prior express authorization.

13. ADVERTISERS AND LINKS.

MarketSurveys.com may provide advertising space and/or links and pointers to Internet sites maintained by third parties. MarketSurveys.com has not reviewed all of the third party sites nor reviewed any products or services they may provide. MarketSurveys.com is not responsible for nor does it endorse the contents or any products or services of such third parties or their sites. MarketSurveys.com does not control in any respect any information, products or services offered or suggested by third parties on the Site. MarketSurveys.com does not endorse or otherwise warrant or guarantee the products or services that are either advertised on the Site or connected by link.

14. INDEMNIFICATION.

Respondent agrees to defend, indemnify and hold harmless MarketSurveys.com, its parent entities, subsidiaries, affiliates, officers, and employees, for any and all claims and demands, including attorney's fees, due to or arising from Respondent's use of the Service, surveys, focus groups and any other conduct related in any way to the Service or the Site, including but not limited to breaching any warranty or provision contained in these Terms of Agreement.

15. TERMINATION.

In addition to termination as a result of Respondent Abuse, these Terms of Agreement may be terminated by either party hereto at any time. MarketSurveys.com shall not be liable to Respondent or any third party in any manner for termination of the Service. In the event Respondent should become dissatisfied with the Terms of Agreement or any modifications thereof, or with the Service or the Site, Respondent's only recourse is to discontinue use of the Service and terminate the registrations. Upon termination, Respondent's right to use the Service and the Site cease immediately and Respondent will not be Compensated for any funds in Respondent's account.

16. JURISDICTION.

The Terms of Agreement and the relationship between Respondent and MarketSurveys.com shall be treated as if entered into and executed in the State of California and shall be governed and construed in accordance with the laws of the State of California, without regard to conflict of law principles. Respondent agrees to submit to personal and exclusive jurisdiction and venue of the courts in Los Angeles County, California, USA. MarketSurveys.com makes no representation that the materials and content on the Site or relating to the Services are appropriate or available for use in other locations, and accessing them from territories where their contents are illegal is strictly forbidden. Those who access the Services or the Site from other locations do so on their own initiative and at their own risk and are responsible for compliance with local laws. Any claim or demand under the Terms of Agreement must be made within one year of the occurrence.

17. GENERAL PROVISIONS.

In any dispute arising from the relationship between Respondent and MarketSurveys.com or the Terms of Agreement, the prevailing party shall be entitled to reasonable attorney's fees and costs. The failure by MarketSurveys.com to enforce any right or provision under the Terms of Agreement shall not constitute a waiver of that provision or any other provision of the Terms of Agreement. If any provision of the Terms of Agreement shall be determined to be invalid or unenforceable by a court of competent jurisdiction, the other provisions of the Terms of Agreement shall remain in full force and effect.

18. LOG FILES.

MarketSurveys.com may collect and use IP addresses, browser type, referring urls, operating system, date/time stamp and other information about and residing on your computer to analyze trends, administer the site, track Respondent's movement, and gather broad demographic information for aggregate use in optimizing the performance of our site and our services or to determine abuse such as submitting multiple responses by a single person, household or computer in violation of these Terms of Agreement

19. NATURE OF AGREEMENT.

Respondent agrees that the registration procedure and subsequent activation of the "I AGREE" button constitute agreement to the Terms of Agreement. Further, the Terms of Agreement is the entire and only agreement between the parties and supersedes any prior or other understandings, representations or warranties. Respondent agrees that each use of the Services and the Site reaffirms Respondent's acknowledgment and agreement to the Terms of Agreement.

 

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