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.