Terms of Use
The promotions and content offered through our Services are subject to these Terms of Use and all applicable laws and regulations. By accessing or using our Services, you agree to be bound by these Terms, which incorporate our Privacy Policy as if fully set out here. Regardless of where you live, you agree that you are entering into this agreement in the State of Delaware and that your use of this Website is governed by Delaware law. If you do not accept these Terms or our Privacy Policy, please do not use our Services, visit the Website, or take part in any promotion on it. These Terms include a binding arbitration provision, a waiver of class-action participation, and limitations on liability — please read them carefully.
1. Agreement to These Terms
By accessing and using our Services you agree to abide by these Terms of Use and by our posted Privacy Policy. Your continued use of the Website confirms your acceptance.
2. Services
We provide marketing services — through search, surveys, email, social media, and similar channels — on behalf of third parties who want to promote their products and services to the public. We do not review our clients' advertising content for legal compliance. We do not charge consumers for our Services; we are compensated by our clients.
3. Sponsored Content
All advertising content we promote through search, email, or display marketing belongs to third parties, and we receive compensation from the sponsors who provide it. We may also send surveys as part of our market research so we can offer promotions likely to interest you and remove those that do not. This helps us better understand your interests and tailor our marketing accordingly.
4. Intellectual Property Rights
All advertising content, and the websites it links to, is owned, copyrighted, or provided by third parties who hold the intellectual property in it. Third-party trademarks, logos, and service marks belong to their respective owners. Our use of a third party's marks does not imply that we endorse their products or services — only that they are clients of our promotional Services.
5. Privacy
Any personal data you send us by email or otherwise is used in accordance with our posted Privacy Policy, incorporated here by reference. Any communication or material you transmit to us — including questions, comments, suggestions, or inquiries — is treated as non-confidential and non-proprietary. We are not responsible for information collected by third parties using our Services.
6. Disclaimer of Warranties
THE WEBSITE, ANY SERVICE WE PROVIDE, AND ANY SPONSORED CONTENT ARE SUBJECT TO CHANGE AND ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WITHOUT LIMITATION, WE MAKE NO WARRANTY THAT: (1) THE WEBSITE, SERVICES, OR CONTENT WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS; (2) THEY WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; OR (3) ANY RESULTS OBTAINED FROM THEM WILL BE ACCURATE OR RELIABLE. ANY MATERIAL OBTAINED THROUGH THE WEBSITE OR SERVICES IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE OR LOSS OF DATA THAT RESULTS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM US OR THROUGH THE WEBSITE CREATES ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS. THE WEBSITE AND CONTENT MAY CONTAIN BUGS, ERRORS, OR OTHER LIMITATIONS, AND WE ARE NOT LIABLE FOR THE AVAILABILITY OF THE UNDERLYING TELECOMMUNICATIONS SERVICES.
7. Exclusion of Liability
YOUR USE OF OUR SERVICES IS AT YOUR OWN RISK. NEITHER WE NOR OUR AFFILIATES, PARENT COMPANIES, OWNERS, SUBSIDIARIES, OFFICERS, DIRECTORS, AGENTS, OR ANYONE ELSE INVOLVED IN CREATING, PRODUCING, OR DELIVERING OUR SERVICES SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR OTHER DAMAGES ARISING OUT OF OR CONNECTED WITH THE USE OF OUR SERVICES OR CONTENT, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR TOTAL LIABILITY IN ANY CIRCUMSTANCE INVOLVING THESE TERMS OR OUR SERVICES IS LIMITED TO $100.00.
8. Links to Third-Party Websites
The Website contains links to sites operated by parties other than us, provided for your convenience only. We do not control and are not responsible for the content, privacy policies, or security of those sites, and we disclaim responsibility for them. We do not endorse the content or any products or services available on them.
9. Revisions to These Terms
We may revise these Terms at any time to improve or modify the Website or Services, reflect changes in our data practices, comply with applicable law, or reflect changes in our business. You should review these Terms periodically, as no notice other than posting will be given. Your continued use of the Website or participation in a survey after changes are posted constitutes your acceptance. All changes apply going forward from the date of posting.
10. Dispute Resolution
Binding Arbitration. You and we each agree that any dispute or claim arising out of or relating to these Terms or the Website will be resolved exclusively through final and binding arbitration administered by the American Arbitration Association under its consumer arbitration 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 arbitration agreement. The arbitrator may not award damages greater than the limitation set out in these Terms and may not award punitive damages against either party.
Class-Action Waiver. YOU AND WE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION. UNLESS BOTH PARTIES AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS OR PRESIDE OVER ANY CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. THE ARBITRATOR MAY AWARD RELIEF ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY FOR THAT PARTY'S CLAIM. ANY RELIEF AWARDED CANNOT AFFECT OTHER USERS.
Severability. Except for the Class-Action Waiver above, if an arbitrator or court finds any part of this arbitration agreement invalid or unenforceable, the remaining parts still apply. If the Class-Action Waiver is found unenforceable, then this entire arbitration agreement is null and void, and any suit must be brought exclusively in the state and federal courts located in Delaware.
BY AGREEING TO THESE TERMS YOU ACKNOWLEDGE THAT DISPUTES WILL BE RESOLVED BY BINDING ARBITRATION AND THAT YOU ARE GIVING UP YOUR RIGHT TO GO TO COURT AND TO PARTICIPATE IN OR BRING CLASS ACTIONS. YOUR RIGHTS WILL BE DECIDED BY A NEUTRAL ARBITRATOR, NOT A JUDGE OR JURY.
11. Waiver and Severability
Our failure to exercise or enforce any right or provision of these Terms is not a waiver of that right or provision. If any provision is found invalid by a court of competent jurisdiction, the parties agree the court should give effect to the parties' intentions as reflected in the provision, and the remaining provisions remain in full force and effect.
12. Entire Agreement
These Terms are the entire agreement between you and us and govern your use of our surveys and Website, superseding any prior agreements. If any part is found unenforceable under applicable law, it will be replaced by a valid and enforceable provision that most closely matches the intent of the original, and the remainder of these Terms will remain in effect.
13. Electronic Communications
When you visit the Website or send us email, you are communicating with us electronically, and you consent to receive communications from us electronically. We may communicate with you by email or by posting notices on the Website. You agree that all agreements, notices, disclosures, and other communications we provide electronically satisfy any legal requirement that they be in writing.