Terms of Use

The use of our marketing and Website and any promotions or surveys provided or published through our email marketing (“Services”) are subject to the following terms and conditions (“TOU”), as well as all applicable laws and regulations pertaining to our services. By accessing and using our Services, you agree this TOU shall govern the same. This TOU incorporates the posted Privacy Policy as though fully set forth herein. Irrespective of where you reside, you agree that you are entering into this Agreement in the State of Delaware and your use of our website shall be governed by Delaware state law. If you do not agree with our posted Privacy Policy or the terms and conditions set out here, you are not authorized to use our Website or participate in our Services.  

THIS AGREEMENT CONTAINS A PROVISION FOR BINDING ARBITRATION AND WAIVER OF CLASS ACTION PARTICIPATION. PLEASE REVIEW FULLY AND CAREFULLY. 

  1. SERVICES. We provide marketing services on behalf of third-parties who wish to promote their products and services to the general public. We do not review for legal compliance the third-party advertising content. We do not charge consumers for our Services but do receive compensation from third-parties. 

  2. SPONSORED CONTENT. All advertising content promoted by us in the form of search, email, or display marketing belongs to third-parties. We receive compensation from the providing sponsors. We may also send out surveys which are undertaken as part of our market research to provide you with promotions which may be of interest to you and to remove promotions which you do not indicate an interest in. This allows us to better understand your interests and conform our marketing to your interests.

  3. INTELLECTUAL PROPERTY RIGHTS. All advertising content and linked through websites are owned and copyrighted or provided by a third-party who owns the intellectual property to the same. Third-party trademarks, logos, or service marks are owned by the respective owners. Our use of third-party trademarks, logos, or service marks does not imply that we recommend such products or services, but rather that they are clients of ours for promotional Services. 

  4. PRIVACY. Our collection and use of your personal data are governed by our posted Privacy Policy, which is incorporated herein as though fully set forth. Any communication or material you transmit to us by electronic mail or otherwise, including but not limited to questions, comments, suggestions, or inquires will be treated as, non-confidential and non-proprietary. Any collection and use of your personal data by our clients is governed by their privacy policy and you should review the same prior to providing any information to them. 

  5. DISCLAIMER OF WARRANTIES. ALL SERVICES OR PRODUCTS PROMOTED OR PROVIDED BY US, INCLUDING ANY SPONSORED CONTENT IS SUBJECT TO CHANGE AND IS PROVIDED TO YOU “AS IS” WITHOUT ANY WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, WE MAKE NO WARRANTY THAT: (i) THE WEBSITE, ANY SERVICE PROVIDED, AND/OR CONTENT WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS; (ii) THE WEBSITE, ANY SERVICES, OR PRODUCTS PROVIDED ON OR THROUGH THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; OR (iii) RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE, ANY SERVICE OR PRODUCT PROVIDED, AND/OR CONTENT WILL BE ACCURATE OR RELIABLE. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE, ANY SERVICE OR PRODUCT PROVIDED IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. WE ASSUME NO RESPONSIBILITY FOR THE DELETION OF, OR FAILURE TO STORE MESSAGES AND ANY OTHER PERSONAL INFORMATION RELATING TO THE WEBSITE, ANY SERVICE, OR PRODUCT PROVIDED. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US, OR THROUGH OR FROM THE WEBSITE, ANY SERVICE, OR PRODUCT, AND/OR CONTENT, SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS OF USE. THE WEBSITE AND/OR CONTENT MAY CONTAIN BUGS, ERRORS, PROBLEMS, OR OTHER LIMITATIONS. WE WILL NOT BE LIABLE FOR THE AVAILABILITY OF THE UNDERLYING TELECOMMUNICATIONS SERVICE. 

  6. EXCLUSION OF LIABILITY AND LIMITATION OF DAMAGES. YOUR PARTICIPATION IN OR USE OF OUR SERVICES OR WEBSITE IS AT YOUR OWN RISK. NEITHER WE, NOR ANY OF OUR AFFILIATES, PARENT COMPANIES, OWNERS, SUBSIDIARIES, AFFILIATES, OFFICERS, OR DIRECTORS, NOR ANY OF ITS AGENTS, OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SURVEY OR WEBSITE, ARE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR OTHER DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS WEBSITE OR CONTENT WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES. IN ANY CIRCUMSTANCE INVOLVING THESE TOU OR OUR SERVICES SHALL BE LIMITED TO $100.00.

  7. LINKS TO THIRD-PARTY WEBSITES. Our Services contain links to promotions or websites owned or operated by parties other than us. These links are provided for your convenience only. We do not control, and are not responsible for, the content or privacy policies on, or the security of, such links or websites and disclaim any responsibility relating to such websites. Neither do we endorse the content, or any products or services available, on such websites.

  8. DISPUTE RESOLUTION. 

Binding Arbitration. You and we each agree that any and all disputes or claims that have arisen or may arise between you and us relating in any way to or arising out of this TOU or Website shall be resolved exclusively through final and binding arbitration through the American Arbitration Association, consumer division rules, before a single arbitrator in a mutually agreeable location, rather than in court. The Federal Arbitration Act governs the interpretation and enforcement of this Agreement to Arbitrate section (this "Agreement to Arbitrate"). The arbitrator shall be precluded from awarding damages greater than the limitation set forth in this Agreement and shall not be authorized to award punitive damages against either party.

Prohibition of Class and Representative Actions and Non-Individualized Relief.

YOU AND WE AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH YOU AND US AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON'S OR PARTY'S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY'S INDIVIDUAL CLAIM(S). ANY RELIEF AWARDED CANNOT AFFECT OUR OTHER USERS.

Severability.

Except for "Prohibition of Class and Representative Actions and Non-Individualized Relief", if an arbitrator or court decides that any part of this Agreement to Arbitrate is invalid or unenforceable, the other parts of this Agreement to Arbitrate shall still apply. If an arbitrator or court decides that any of the provisions in Section 8 of this TOU is invalid or unenforceable, then the entirety of this Agreement to Arbitrate shall be null and void. The remainder of the Agreement and its Legal Disputes Section will continue to apply and that jurisdiction over and venue of any suit shall be exclusively in the state and federal courts sitting in Delaware.

THESE TERMS PROVIDE THAT ALL DISPUTES BETWEEN US WILL BE RESOLVED BY BINDING ARBITRATION. YOU GIVE UP YOUR RIGHT TO GO TO COURT TO ASSERT OR DEFEND YOUR RIGHTS. YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN OR BRING CLASS ACTIONS. YOUR RIGHTS WILL BE DETERMINED BY NEUTRAL ARBITRATORS AND NOT A JUDGE OR JURY. 

  1. WAIVER AND SEVERABILITY OF TERMS. The failure by us to exercise or enforce any right or provision of this TOU shall not constitute a waiver of such right or provision. If any provision of this TOU is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Agreement remain in full force and effect.

  2. ENTIRE AGREEMENT. This TOU constitutes the entire agreement between you and us and governs your use of our survey and Website superseding any prior agreements. If any part of this TOU is determined unenforceable pursuant to applicable law, then the invalid and unenforceable provision will be deemed superseded by a valid and enforceable provision that most closely matches the intent of the original provision and the remainder of this TOU shall remain in effect. 

  3. CHANGES TO THE TERMS. We may revise this TOU at any time in the future to: (i) improve or modify the Website or any services provided thereon or through; (ii) reflect future developments in our data information gathering, storing, and release practices; (iii) comply with applicable laws; and (iv) changes in our business structure. We will post the most updated TOU on this page without further notice to you. Accordingly, you should review this TOU each time you enter our Website or participate in our survey. Your continued participation in the Survey or use of the Website shall evidence your acceptance of any changes. All changes shall be implemented and enforced from the date of posting forward. 

  4. ELECTRONIC COMMUNICATIONS. When you visit our Website or send email to us, you are communicating with us electronically. You consent to receive communications from us electronically. Although we may choose to communicate with you by regular mail, we may also choose to communicate with you by email or by posting notices. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically, satisfy any legal requirement that such communications be in writing.