You agree to comply with and be bound by the Agreement, in its entirety, when you access: (a) the Site; (b) the Site’s viewable text, graphics and other material (collectively, “Content”); (c) a variety of third-party pay-for-participation surveys ("Surveys"); (d) links to surveydiscover social media pages/accounts (collectively, “Social Media Pages”) on third-party social media websites, such as Facebook® (“Social Media Websites”).
By using and/or accessing the surveydiscover Offerings, you agree to comply with and be bound by the Agreement in its entirety. PLEASE REVIEW THE TERMS OF THE AGREEMENT CAREFULLY. IF YOU DO NOT AGREE TO THE TERMS OF THE AGREEMENT IN THEIR ENTIRETY, YOU ARE NOT AUTHORIZED TO ACCESS, DOWNLOAD AND/OR USE, AS APPLICABLE, THE surveydiscover OFFERINGS IN ANY MANNER OR FORM.
THE AGREEMENT CONTAINS DISCLAIMERS OF WARRANTIES, LIMITATIONS OF LIABILITY, RELEASES, A CLASS-ACTION WAIVER, AND THE REQUIREMENT TO ARBITRATE ANY AND ALL CLAIMS THAT MAY ARISE HEREUNDER. THE AFOREMENTIONED PROVISIONS ARE AN ESSENTIAL BASIS OF THE AGREEMENT.
NEW JERSEY STATE RESIDENTS ARE ENCOURAGED TO REVIEW THEIR RIGHTS UNDER THE AGREEMENT, AS PROVIDED UNDER THE NEW JERSEY TRUTH-IN-CONSUMER CONTRACT WARRANTY AND NOTICE ACT (“TCCWNA”).
Facebook® is a registered trademark of Facebook, Inc. (“Facebook”). Please be advised that surveydiscover is not in any way affiliated with Facebook, nor are the surveydiscover Offerings endorsed, administered or sponsored by Facebook.
1 - SCOPE OF AGREEMENT; MODIFICATION
?By using the surveydiscover Offerings, you agree to be bound by, and to comply with, the terms and conditions of the Agreement. If you are dissatisfied with the surveydiscover Offerings for any reason, you agree that your sole and exclusive remedy is to discontinue using the surveydiscover Offerings. The Agreement constitutes the entire and only agreement between you and surveydiscover with respect to your use of the surveydiscover Offerings and supersedes all prior or contemporaneous agreements, representations, warranties and/or understandings between you and surveydiscover with respect to the surveydiscover Offerings. We may amend the Agreement from time to time in our sole discretion, without specific notice to you; provided, however, that any amendment or modification to the arbitration provisions, prohibition on class action provisions or any other provisions applicable to dispute resolution (collectively, "Dispute Resolution Provisions") shall not apply to any disputes incurred prior to the applicable amendment or modification. The latest Agreement will be posted on the Site, and you should review the Agreement prior to using any of the surveydiscover Offerings. By your continued use of any of the surveydiscover Offerings, you hereby agree to comply with, and be bound by, all of the terms and conditions contained within the Agreement effective at that time (other than with respect to disputes arising prior to the amendment or modification of the Dispute Resolution Provisions, which shall be governed by the Dispute Resolution Provisions then in effect at the time of the subject dispute). Therefore, you should regularly check the Site for updates and/or changes.
2 - REQUIREMENTS
The surveydiscover Offerings are available only to individuals who: (a) are over eighteen (18) years of age (or the applicable age of majority, if greater than eighteen (18) years of age in their jurisdiction of residence); and (b) can enter into legally binding contracts under applicable law (collectively, “Usage Requirements”). The surveydiscover Offerings are not intended for individuals who do not satisfy the Usage Requirements, including individuals under eighteen (18) years of age (or the applicable age of majority, if greater than eighteen (18) years of age in their jurisdiction of residence) and/or individuals who cannot enter into legally binding contracts under applicable law. If a user does not satisfy the Usage Requirements in their entirety, that user does not have permission to access or use the surveydiscover Offerings.
3 - NECESSARY EQUIPMENT
You shall be responsible, at all times, for ensuring that you have an Internet connection, computer/mobile device, up-to-date Internet browser versions, a functioning e-mail account, applicable software, applicable hardware and/or other equipment necessary to access the surveydiscover Offerings. surveydiscover does not guarantee the quality, speed or availability of the Internet connection associated with your mobile device and/or computer. surveydiscover does not guarantee that the surveydiscover Offerings can be accessed: (a) on all mobile devices; (b) through all wireless service plans; (c) in connection with all Internet browsers; and/or (d) in all geographical areas. Standard messaging, data and wireless access fees may apply to your use of the surveydiscover Offerings through your wireless device. You are fully responsible for all such charges and surveydiscover has no liability or responsibility to you, whatsoever, for any such charges billed by your wireless carrier.
4 - HOW THE SITE WORKS
We partner with a third party to provide a Survey Widget that allows an account holder to participate in surveys straight from our site. In addition, we scour the Internet for links to sites that offer the Free Survey Links and provide the Free Survey Links to our users. We also display offers for various opportunities including income-earning opportunities (“Earning Opportunities”), to qualified users. Not all users will qualify for each survey or for every opportunity. We may not display a survey offer or an Earning Opportunity to a user if we believe they don’t qualify for the offer or Earning Opportunity.
We may also display ads and other promotions for various goods or services offered by our marketing partners.
To qualify to get access to the Survey Widget, Free Survey Links, Earning Opportunities and other promotions, you will need to enter a valid e-mail address and other identifying information (name, address, city, state, city, phone, gender and dob) and respond to a series of survey questions in the “Questionnaire.” At the end of the Questionnaire, you will need to provide a password in order to create an account. On our registration and throughout the Questionnaire and display of Offers we also ask you to consent to be called and/or texted by certain named marketing partners. You do not need to consent to be called or texted to purchase the advertised item or to gain access to the Survey Widget, Free Survey Links or to be displayed an Earning Opportunity. You have no obligation to purchase or respond to any of the advertised offers. The Survey Widget is available after the Questionnaire and advertiser offers. If you click on a particular link in the Questionnaire or on a advertised offer, you will be directed to a website operated by the provider of the Free Survey or Earning Opportunity. Follow the instructions on that website. The available surveys and Earning Opportunities may change from time to time so please stop back and see what’s available.
You understand and agree that surveydiscover is not responsible or liable in any manner whatsoever for: (i) your use of, or inability to use and/or qualify for, any Survey and Earning Opportunity; (ii) any dispute between you and any Merchant and/or third-party provider of a Survey or Earning Opportunity; (iii) any modification, suspension or discontinuation of any Survey and Earning Opportunity; or (iv) any dispute or support issues with our partner for the survey widget - support is available through the widget itself.
5 - CONTENT
Subject to the terms and conditions of the Agreement, users that possess the requisite technology shall have the opportunity to view, download and/or interact with all or some of the Content made available by and/or through the Site and/or other surveydiscover Offerings. The Content is compiled, distributed and displayed by surveydiscover , as well as third-party content providers, such as Merchants and/or advertisers (collectively, “Third-Party Providers”). surveydiscover does not control the Content provided by Third-Party Providers that is made available by and through the surveydiscover Offerings. Such Third-Party Providers are solely responsible for the accuracy, completeness, appropriateness and/or usefulness of such Content. The Content should not necessarily be relied upon. surveydiscover does not represent or warrant that the Content and other information posted by and through the surveydiscover Offerings is accurate, complete, up-to-date or appropriate. You understand and agree that surveydiscover will not be responsible for, and surveydiscover undertakes no responsibility to monitor or otherwise police, Content provided by Third-Party Providers. You agree that surveydiscover shall have no obligation and incur no liability to such users in connection with any Content. You may find certain Content to be outdated, harmful, inaccurate and/or deceptive. Please use caution, common sense and safety when using the Content.
6 - SOCIAL MEDIA PAGES
The Site contains links to the various surveydiscover Social Media Pages. The Social Media Pages are hosted and made available on third-party Social Media Websites by third-party entities. Your use of Social Media Pages and Social Media Websites shall be governed by those Social Media Websites’ applicable agreements, terms and conditions. You understand and agree that surveydiscover shall not be liable to you, any other user or any third-party for any claim in connection with your use of, or inability to use, the Social Media Pages and/or Social Media Websites.
7 - INTERACTIONS
Users are solely responsible for their interactions with other users, Merchants, Third-Party Providers and other third-parties featured through the surveydiscover Offerings. Because surveydiscover is not involved in interactions with other users and third-parties, in the event that you have a dispute with one or more users, Merchants, Third-Party Providers and/or other third-parties, you hereby release surveydiscover from any and all claims, demands and/or damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of, or in any way connected with, such disputes.
8 - LICENSE GRANT
You are granted a non-exclusive, non-transferable, revocable and limited license to access and use certain portions of the surveydiscover Offerings, and associated Content in accordance with the Agreement. surveydiscover may terminate this license at any time for any or no reason. You may use the surveydiscover Offerings for your own personal, non-commercial use. Other than as expressly authorized, no part of the surveydiscover Offerings 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 surveydiscover Offerings or any portion thereof. You may not use any automated means or form of scraping or data extraction to access, query or otherwise collect information from the Site except as expressly permitted by surveydiscover . surveydiscover reserves any rights not explicitly granted in the Agreement. You may not use any device, software or routine to interfere or attempt to interfere with the proper working of the surveydiscover Offerings. You may not take any action that imposes an unreasonable or disproportionately large load on surveydiscover infrastructure. Your right to use the surveydiscover Offerings is not transferable.
9 - PROPRIETARY RIGHTS
The content, organization, graphics, design, compilation, magnetic translation, digital conversion, software, services and other matters related to the surveydiscover Offerings are protected under applicable copyright, trademark and other proprietary (including, but not limited to, intellectual property) rights. The copying, redistribution, publication or sale by you of any part of the surveydiscover Offerings is strictly prohibited. You do not acquire ownership rights in or to the surveydiscover Offerings, or any content, document, software, services or other materials viewed at or through the Site or otherwise by and through the surveydiscover Offerings. The “surveydiscover ” name and logo, and all associated graphics, icons and service names, are trademarks of surveydiscover .
All Coupon and Sample trademarks, brand names, custom graphics, icons and service names are the intellectual property of their rightful owners including, without limitation, the applicable Merchants. The use of any surveydiscover trademark without surveydiscover 's express written consent is strictly prohibited. The use of any third-party trademark without that party’s express written consent is strictly prohibited. The posting of information or material on the Site or otherwise by and through the surveydiscover Offerings by surveydiscover does not constitute a waiver of any right in or to such information and/or materials.
10 - EDITING, DELETING AND MODIFICATION
We reserve the right in our sole discretion to edit and/or delete any documents, information or other content appearing on the Site or otherwise by and through the surveydiscover Offerings.
11 - INDEMNIFICATION.
You agree to indemnify and hold surveydiscover, its parents, subsidiaries and affiliates, and each of their respective members, officers, directors, employees, agents, co-branders and/or other partners, harmless from and against any and all claims, expenses (including reasonable attorneys' fees), damages, suits, costs, demands and/or judgments whatsoever, made by any third-party due to or arising out of: (a) your improper and/or unauthorized use of the surveydiscover Offerings; (b) your breach of the Agreement; (c) any dispute between you and any user, Merchant, Third-Party Provider or other third-party; (d) your violation of any rights of another individual and/or entity. The provisions of this Section 14 are for the benefit of surveydiscover , its parent, subsidiaries and/or affiliates, and each of their respective members, officers, directors, employees, agents, shareholders, licensors, suppliers and/or attorneys. Each of these individuals and entities shall have the right to assert and enforce these provisions directly against you on its own behalf.
12 - DISCLAIMER OF WARRANTIES.
THE surveydiscover OFFERINGS, ANY PRODUCTS AND/OR SERVICES THAT YOU MAY RECEIVE FROM ANY MERCHANTS AND/OR THIRD-PARTY PROVIDERS, AND/OR ANY OTHER PRODUCTS AND/OR SERVICES THAT YOU MAY APPLY FOR OR RECEIVE THROUGH THE surveydiscover OFFERINGS (COLLECTIVELY, THE “TOTAL OFFERINGS”) ARE PROVIDED TO YOU ON AN "AS IS" AND "AS AVAILABLE" BASIS AND ALL WARRANTIES, EXPRESS AND IMPLIED, ARE DISCLAIMED TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW (INCLUDING, BUT NOT LIMITED TO, THE DISCLAIMER OF ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY AND/OR FITNESS FOR A PARTICULAR PURPOSE). IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, surveydiscover MAKES NO WARRANTY THAT: (A) THE TOTAL OFFERINGS WILL MEET YOUR REQUIREMENTS; (B) THE TOTAL OFFERINGS WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (C) YOU WILL QUALIFY FOR SURVEYS; (D) YOU WILL REALIZE ANY ECONOMIC BENEFIT FROM THE SURVEYS OR OTHER TOTAL OFFERINGS; OR (F) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE TOTAL OFFERINGS WILL BE ACCURATE OR RELIABLE. THE TOTAL OFFERINGS MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. WE WILL NOT BE LIABLE FOR THE AVAILABILITY OF THE UNDERLYING INTERNET CONNECTION ASSOCIATED WITH THE surveydiscover OFFERINGS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM surveydiscover, ANY MERCHANTS, THIRD-PARTY PROVIDERS OR OTHERWISE THROUGH OR FROM THE SITE OR OTHER surveydiscover OFFERINGS, SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE AGREEMENT.
13 - LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT surveydiscover SHALL NOT BE LIABLE TO YOU OR ANY THIRD-PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL AND/OR EXEMPLARY DAMAGES INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF surveydiscover HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), TO THE FULLEST EXTENT PERMISSIBLE BY LAW FOR: (A) THE USE OR THE INABILITY TO USE THE TOTAL OFFERINGS; (B) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND/OR SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION AND/OR SERVICES PURCHASED OR OBTAINED FROM, OR TRANSACTIONS ENTERED INTO THROUGH, THE surveydiscover OFFERINGS; (C) THE FAILURE TO QUALIFY FOR SURVEYS FROM ANY MERCHANT, OR ANY SUBSEQUENT DENIAL OF SERVICES FROM SAME; (D) THE UNAUTHORIZED ACCESS TO, OR ALTERATION OF, YOUR REGISTRATION DATA; (E) WHETHER THE PAY-FOR-PARTICIPATION ARE HONORED BY THE APPLICABLE MERCHANT; (F) WHETHER YOU REALIZE ANY ECONOMIC BENEFIT FROM USE OF THE surveydiscover OFFERINGS; AND (G) ANY OTHER MATTER RELATING TO THE TOTAL OFFERINGS. THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION, IN THE AGGREGATE INCLUDING, BUT NOT LIMITED TO, BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATIONS AND ANY AND ALL OTHER CAUSES OF ACTION. YOU HEREBY RELEASE surveydiscover FROM ANY AND ALL OBLIGATIONS, LIABILITIES AND CLAIMS IN EXCESS OF THE LIMITATION STATED HEREIN. IF APPLICABLE LAW DOES NOT PERMIT SUCH LIMITATION, THE MAXIMUM LIABILITY OF surveydiscover TO YOU UNDER ANY AND ALL CIRCUMSTANCES WILL BE FIVE HUNDRED DOLLARS ($500.00). THE NEGATION OF DAMAGES SET FORTH ABOVE IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN YOU AND surveydiscover. THE ABILITY TO USE THE TOTAL OFFERINGS WOULD NOT BE PROVIDED TO YOU WITHOUT SUCH LIMITATIONS.
14 - THIRD-PARTY WEBSITES.
You may be transferred to Merchant, Third-Party Provider, Social Media Websites and other third-party owned or operated websites through links or frames contained on the Site or otherwise made available by and through the surveydiscover Offerings. You are cautioned to read such websites’ terms and conditions and privacy policies before using such websites in order to be aware of the rules governing your use of such websites and their use of your personal and non-personal information. Because surveydiscover has no control over such third-party websites and/or resources, you hereby acknowledge and agree that surveydiscover is not responsible for the availability of such third-party websites and/or resources. Furthermore, surveydiscover does not endorse, and is not responsible or liable for, any terms and conditions, privacy policies, content, advertising, services, products and/or other materials on or made available from such third-party websites or resources, or for any damages and/or losses arising therefrom. The inclusion of a link or frame to such websites does not imply endorsement of such Merchant, Third-Party Provider, Social Media Website and/or its/their respective website(s) by surveydiscover and any association with the operator(s) is provided solely for your convenience. You agree that surveydiscover has no liability whatsoever in connection with such third-party websites and/or your usage thereof.
15 - LEGAL WARNING
Any attempt by any individual, whether or not a surveydiscover customer, to damage, destroy, tamper with, vandalize and/or otherwise interfere with the operation of any of the surveydiscover Offerings is a violation of criminal and civil law and surveydiscover will diligently pursue any and all remedies in this regard against any offending individual or entity to the fullest extent permissible by law and/or in equity.
16 - DISPUTE RESOLUTION PROVISIONS
The Agreement shall be treated as though it were executed and performed in the State of New York and shall be governed by and construed in accordance with the laws of the State of New York (without regard to conflict of law principles). Should a dispute arise concerning the surveydiscover Offerings, the terms and conditions of the Agreement or the breach of same by any party hereto: (a) the parties agree to submit their dispute for resolution by arbitration before a reputable arbitration organization as mutually agreed upon by the parties in New York, NY, in accordance with the then current commercial arbitration rules of a reputable arbitration organization as mutually agreed upon by the parties; and (b) you agree to first commence a formal dispute proceeding by completing and submitting an Initial Dispute Notice which can be found here. We may choose to provide you with a final written settlement offer after receiving your Initial Dispute Notice ("Final Settlement Offer"). If we provide you with a Final Settlement Offer and you do not accept it, or we cannot otherwise satisfactorily resolve your dispute, you can submit your dispute for resolution by arbitration before a reputable arbitration organization as mutually agreed upon by the parties, in your county of residence, by filing a separate Demand for Arbitration, which is also available on the Site here. For claims of Ten Thousand Dollars ($10,000.00) or less, you can choose whether the arbitration proceeds in person, by telephone or based only on submissions. If the arbitrator awards you relief that is greater than our Final Settlement Offer, then we will pay all filing, administration and arbitrator fees associated with the arbitration and, if you retained an attorney to represent you in connection with the arbitration, we will reimburse any reasonable attorneys' fees that your attorney accrued for investigating, preparing and pursuing the claim in arbitration. Any award rendered shall be final and conclusive to the parties and a judgment thereon may be entered in any court of competent jurisdiction. Nothing contained herein shall be construed to preclude any party from: (i) seeking injunctive relief in order to protect its rights pending an outcome in arbitration; and/or (ii) pursuing the matter in small claims court rather than arbitration. Although we may have a right to an award of attorneys' fees and expenses if we prevail in arbitration, we will not seek such an award from you unless the arbitrator determines that your claim was frivolous.
To the extent permitted by law, you agree that you will not bring, join or participate in any class action lawsuit as to any claim, dispute or controversy that you may have against surveydiscover and/or its employees, officers, directors, members, representatives and/or assigns. You agree to the entry of injunctive relief to stop such a lawsuit or to remove you as a participant in the suit. You agree to pay the attorney's fees and court costs that surveydiscover incurs in seeking such relief. This provision preventing you from bringing, joining or participating in class action lawsuits: (A) does not constitute a waiver of any of your rights or remedies to pursue a claim individually and not as a class action in binding arbitration as provided above; and (B) is an independent agreement. You may opt-out of these dispute resolution provisions by providing written notice of your decision within thirty (30) days of the date that you first access the Site.
17 - MISCELLANEOUS.
Should any part of the Agreement be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect. To the extent that anything in or associated with any surveydiscover Offerings is in conflict or inconsistent with the Agreement, the Agreement shall take precedence. Notwithstanding the foregoing, to the extent that there is any inconsistency between these Terms and Conditions. Our failure to enforce any provision of the Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision. The parties do not intend that any agency or partnership relationship be created through operation of the Agreement. surveydiscover may assign its rights and obligations under the Agreement, in whole or in part, to any party at any time without any notice to you. The Agreement may not, however, be assigned by you, and you may not delegate your duties under the Agreement. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section.
18 - CALIFORNIA USER CONSUMER RIGHTS
In accordance with Cal. Civ. Code Sec. 1789.3, California State resident users may file grievances and complaints with the California Department of Consumer Affairs, 400 R Street, Ste. 1080, Sacramento, CA 95814; or by phone at 916-445-1254 or 800-952-5210; or by email to [email protected].
If you have questions about the surveydiscover Offerings or the Agreement, please e-mail us at: [email protected]; or send us mail to: 555 Anton Blvd, Suite 150, Costa Mesa Ca 92626.