Terms of Use
Updated October 29, 2018
Penn and Associates, Inc. provides and maintains this Internet Website
for the benefit of our customers. As well as other marketing research
services, this Website is utilized to create online surveys, collect and
publish results.
These services are provided to you subject to the terms and conditions
set forth in these Terms of Use.
Please read the following terms of this agreement carefully. By
completing the registration process, you accept and agree to all of the
terms and conditions set forth in this agreement. You hereby
acknowledge that you are 18 years of age or older.
These Terms of Use give you important obligations. You agree
to the following responsibilities:
You will not engage in any spamming activities in your use of our
services. We reserve the right to terminate your account(s) and your
use of our services, without notice, if we believe your activities are not
in compliance with CAN SPAM laws (2004 and 2008).
You will not transmit through our services any pornographic, obscene,
offensive, threatening, harassing, libelous, hate-oriented, harmful,
defamatory, racist, illegal or otherwise objectionable material or
content. You will not send any transmission that attempts to hide your
identity or represents you as someone else. Any attempt by you to
transmit, publish or distribute material or content that promotes,
provides or relates to instructional information about illegal activities or
promotes physical harm or injury against any individual or group is
strictly prohibited. You will not use our services to send any materials,
including surveys and requests to take surveys, to any person under
18 years of age unless and until you have taken and followed all
necessary action and compliance pursuant to State and Federal laws of
the United States of America. You will not upload or distribute in any
way any files that contain viruses, corrupted files or any similar
software or programs that may damage the operation of anyone else's
computer or our Website. You will not interfere or disrupt networks
connected to our services or Website. Any attempt by you to gain
unauthorized access to our computer system, including accounts,
lockers or databases maintained by Penn and Associates, Inc. is strictly
prohibited. You will comply with all laws, rules and regulations
regarding transmission of technical data exported from the United
States of America. If you engage in any activity set forth in this
paragraph or violate any terms or conditions of these Terms of Use,
your account will be terminated and use of our services and Website
prohibited.
You acknowledge and agree that we may, with or without notice,
modify or terminate the services and/or this Website. Further, we may
modify these Terms of Use from time to time, including the fees we
charge for our services.
We agree not to use any of your confidential information for any
purpose except to operate the Website and services in accordance with
this Agreement. We agree not to disclose any of your confidential
information to any third party other than to our employees and
consultants who are bound by confidentiality obligations and are
required to have access to the confidential information in order to
operate the Website and services.
You expressly acknowledge and agree that use of our services and this
Website is at your sole risk. The services and site are provided on an
"as is" and "as available" basis.
To the fullest extent allowed by law, Penn and Associates, Inc.
expressly disclaims all warranties and conditions of any kind, whether
expressed or implied, including, but not limited to the warranties of
merchantability, fitness for a particular purpose and non-infringement.
The contents of our services or this Website may contain bugs, errors,
problems or other limitations. Penn and Associates, Inc. assumes no
liability or responsibility for any errors or omissions in content.
Penn and Associates, Inc. is not responsible for the contents of any
survey or invitations to take surveys or invitations to view survey
results created on or through our services nor is it responsible for the
responses submitted by any survey requests or for the results
generated by survey responses. Penn and Associates, Inc. does not
warrant or make any representations regarding the reliability or
accuracy of the registration information supplied to Penn and
Associates, Inc. nor the responses or information supplied by survey
respondents to users in response to surveys. Penn and Associates, Inc.
does not warrant or make any representations regarding the use or
the consequences of the use of any survey, survey responses or
survey results; nor does Penn and Associates, Inc. warrant the
correctness, usefulness, reliability, accuracy or otherwise of any
survey, survey responses or survey results. Penn and Associates is not
responsible for any damages, including without limitation, lost profits,
business interruption or other loss resulting from use of or reliance in
any way on any survey, survey responses or survey results created on
or through our services or this Website. It is solely your responsibility
to evaluate the accuracy, reliability, completeness and usefulness of
any surveys, survey responses, survey results or other information
received while using our services or Website.
Penn and Associates, Inc. makes no warranty that our services or
Website will meet your requirements or that our services will be
uninterrupted, timely, secure, virus-free, accurate or reliable; nor does
Penn and Associates, Inc. make any warranty as to any information
that may be obtained through our services or Website or that defects
in the software for our services will be corrected or that the site is free
of viruses or other harmful components.
You understand and agree that any material and/or data downloaded
or otherwise obtained through use of our services or Website is done
at your own discretion and risk and that you will be solely responsible
for any damage to your computer system or loss of data that results
from the download of such material or data.
Penn and Associates, Inc. makes no warranty regarding any goods or
services purchased or obtained through our services or this Website or
any transactions entered into through or based upon our services or
this Website.
No advice or information, whether oral or written, obtained by you
from our services or Website or through our services or Website shall
create any warranty not expressly made herein.
To the fullest extent permissible pursuant to applicable law, neither
Penn and Associates, Inc., nor its officers or employees shall be liable
for any direct, indirect, special, incidental, consequential or punitive
damages arising out of your access to, use of, inability to use, or
reliance on the service or any surveys, survey responses or survey
results, even if advised of the possibility of such damages. If you are
dissatisfied with the service, the materials available on or through our
services or this site, or with any of the terms of this agreement, your
sole and exclusive remedy is to discontinue using our services.
To such an extent that content is provided and/or designed by Penn
and Associates, Inc., Penn and Associates, Inc. owns that content. It is
all protected by copyrights, trademarks, service marks, patents, trade
secrets, or other proprietary rights and laws. No one may copy,
reproduce, distribute in any way, or decompile, reverse engineer or
disassemble the content. You are permitted to write questionnaires
and view survey results as an end product only. While your account is
active, you will have the right to view your surveys, request edits, and
view survey results and you assume the entire risk of disclosing such
content to third parties. Modifications or use of Penn and Associates'
content in any prohibited way is a violation of copyright and other
proprietary laws. No one may copy, reproduce, transmit, post,
distribute or create derivative works from this Website without prior
express authorization.
These Terms of Use and our services may be terminated by Penn and
Associates, Inc. at any time. Penn and Associates, Inc. shall not be
liable to you or any third party in any manner for termination of the
service. In the event you should become dissatisfied with the Terms of
Use or any modifications thereof, or with our services or Website, your
only recourse is to discontinue use of the service. Upon termination,
your right to use our services and this Website cease immediately and
Penn and Associates, Inc. shall have no obligation whatsoever to
retain, forward or make available to you any surveys, survey
responses or survey results (although we will try to make sure you
have everything you need).
You agree to defend, indemnify and hold harmless Penn and
Associates, Inc. and its officers and employees from any and all claims
and demands, including attorneys' fees, due to or arising from your
use of this Website or our services, surveys, survey responses, survey
results and any other conduct related in any way to our services
and/or this Website, including but not limited to breaching any
warranty or provision contained in these Terms of Use.
These Terms of Use and the relationship between you and Penn and
Associates, Inc. shall be treated as if entered into and executed in the
State of Ohio, United States of America, and shall be governed and
construed in accordance with the laws of the State of Ohio, without
regard to conflict of law principles, and also excluding the United
Nations Convention on Contracts for the International Sale of Goods.
You agree to submit to personal and exclusive jurisdiction and venue
of the courts in Cuyahoga County, Ohio, United States of America.
Penn and Associates, Inc. makes no representation that the materials
and content on this Website 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 our services or this Website 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 these Terms of
Use must be made within 1 year of the occurrence of the underlying
facts.
You agree that your completion of the registration procedure
constitutes agreement to these Terms of Use, these Terms of Use are
the entire and only agreement between you and Penn and Associates,
Inc. and supersede any prior or other understandings, representations
or warranties including, but not limited to, any nondisclosure
agreements, purchase orders, license agreements, service
agreements, invoices or other terms and conditions that you may
provide to use in respect of this Website or our services. You agree
that each use of our services and the Website reaffirms your
acknowledgment and agreement to the most current version of these
Terms of Use.
In any dispute arising from the relationship between you and Penn and
Associates, Inc. or these Terms of Use, the prevailing party shall be
entitled to reasonable attorneys' fees and costs. The failure by Penn
and Associates, Inc. to enforce any right or provision under these
Terms of Use shall not constitute a waiver of that provision or any
other provision of these Terms of Use. If any provision of these Terms
of Use shall be determined to be invalid or unenforceable by a court of
competent jurisdiction, the other provisions shall remain in full force
and effect.
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