Terms & Conditions

Terms and Conditions

The Survey Site, LLC, owner of the TheSurveySite.com Web site, is a mobile and online market research service offering the Tell Us What You Think and Mobile Suggestion Box services.

By responding to market research surveys, individuals have the opportunity to provide their thoughts and opinions to business. It may or may not be required that individuals register to participate.

By participating, scanning QR code or sending TXT codes for access to surveys participants agree to the following terms (“Terms and Conditions”). These Terms and Conditions (including the Privacy Policy and all documents referenced herein) constitute the entire agreement between research participants and The Survey Site, LLC with respect to your use of The Survey Site, Tell Us What You Think the Mobile Suggestion Box and any other survey or market research conducted through The Survey Site properties.

Eligibility

Participation is limited to individuals who are allowed to participate under the laws of the United States and under the laws of the jurisdiction in which the individual resides.

Employees and directors of The Survey Site, LLC and its affiliates are ineligible to participate in surveys.

By participating agree to be bound by all eligibility determinations made by The Survey Site, LLC in accordance with each survey’s particular specifications, applicable survey research codes of ethics, applicable laws and these Terms and Conditions. Such eligibility determination shall be made by The Survey Site, LLC in its sole discretion, and such decisions are final and binding.

The Survey Site will determine which, if any, survey and/or participants are compensated for completing particular surveys, The Survey Site does not compensate participants for answering screening questions, or for partially completed survey responses. The Survey Site reserves the right to close a survey at any time.

Member Privacy

Privacy is our top priority. The information provided to us through the sign up process and the collection of surveys is completely confidential; we never sell it or share it with any third parties. Survey results collected on behalf of our clients are disclosed in the aggregate to the clients of The Survey Site. Our survey results only report data in aggregate and never report individual information. You can view our entire Privacy Policy at thesurveysite.com/fullprivacypolicy. If you have any questions, concerns, or comments about our privacy policy, please contact us at support@thesurveysite.com.

WARRANTY DISCLAIMER AND LIMITATION OF LIABILITY

THIS SITE AND ALL CONTENT ON THIS SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. THE SURVEY SITE, LLC MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS OR SERVICES INCLUDED ON THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. THE SURVEY SITE, LLC DOES NOT WARRANT THAT THIS SITE, ITS SERVERS OR EMAIL SENT: (i) WILL MEET YOUR REQUIREMENTS; (ii) WILL BE UNINTERRUPTED, TIMELY, SECURE, ACCURATE OR ERROR-FREE; OR (iii) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE SURVEY SITE, LLC IS NOT RESPONSIBLE FOR LOST, INTERRUPTED OR UNAVAILABLE NETWORK SERVER OR OTHER CONNECTIONS, MISCOMMUNICATIONS, FAILED TELEPHONE OR COMPUTER TRANSMISSIONS, TECHNICAL FAILURE, JUMBLED, SCRAMBLED OR MISDIRECTED TRANSMISSIONS, DELETIONS OR DISCLOSURES OF DATA AND INFORMATION OR OTHER ERROR OF ANY KIND WHETHER HUMAN, MECHANICAL OR ELECTRONIC. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, THE SURVEY SITE, LLC DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, ACCURACY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT.

EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, THE SURVEY SITE, LLC WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND (WHETHER IN CONTRACT, STATUTE, TORT, STRICT LIABILITY OR UNDER ANY OTHER LEGAL THEORY) ARISING FROM THE USE OF THIS SITE, INCLUDING BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF USE, LOST PROFITS OR LOSS OF DATA, COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOSSES RESULTING FROM ANY DATA, INFORMATION OR SERVICES RECEIVED THROUGH THE USE OF THE WEB SITE, UNAUTHORIZED ACCESS TO OR ALTERATION, DELETION OR DISCLOSURE OF YOUR TRANSMISSIONS, INFORMATION OR DATA, THE PERFORMANCE, MISPERFORMANCE OR NONPERFORMANCE OF SERVICES, OR THE ACTS OR OMISSIONS OF THIRD PARTIES.

SOME JURISDICTIONS DO NOT ALLOW FOR THE LIMITATION OF IMPLIED WARRANTIES OR THE EXCLUSION OF CERTAIN TYPES OF DAMAGES, IN WHICH CASE, SOME OR ALL OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

Indemnity

You agree to indemnify and hold The Survey Site, LLC and their affiliates, subsidiaries, agents, directors, officers, employees, representatives, licensors (including third party service providers) and clients harmless from any claims, demands, losses, costs and expenses, including attorneys’ fees, made by any person arising out of your violation of these Terms and Conditions, the Privacy Policy, state or federal laws or regulations, or any other person’s rights, including but not limited to infringement of any intellectual property right or violation of any proprietary or privacy right.

Third Party Beneficiaries

You agree that The Survey Site third party service providers are deemed to be third party beneficiaries of these Terms and Conditions. Except as expressly provided in these Terms and Conditions, there are no other third party beneficiaries.

Trademarks

The Survey Site, Tell Us What You Think and The Mobile Suggestion Box are all are considered Service Marks of The Survey Site, LLC. Use these trademarks in any manner without the owner’s permission is strictly forbidden.

General

These Terms and Conditions (including the Privacy Policy) and all documents referenced herein constitute the entire agreement governing your use of The Survey Site, the website, thesurveysite.com, the Tell Us What You Think service and The Mobile Suggestion Box service, and supersede all prior and contemporaneous agreements. These Terms and Conditions are made under and will be construed in accordance with the laws of New York, without reference to its conflict of laws principles. Each party consents to submit all disputes arising under these Terms and Conditions (excluding requests for injunction) exclusively to the American Arbitration Association (AAA) for binding arbitration. The arbitration shall be governed by the United States Arbitration Act, shall be conducted in New York, New York, and judgment on the award may be entered by any court having jurisdiction. The arbitrator shall not limit, expand or modify the terms of these Terms and Conditions. All requests by any party to a court for interim protection (including any request for injunction) shall be subject to the exclusive jurisdiction of and venue in the state or federal courts of New York, New York and shall not affect either party’s obligation hereunder to arbitrate all other disputes. Each party shall bear its own expenses and an equal share of all arbitration fees and costs. The arbitrator(s) shall be competent in the legal and technical aspects of the subject matter of these Terms and Conditions. The arbitration hearings, orders and awards shall be held in confidence by all participants. The failure of The Survey Site, LLC to exercise or enforce any provision of these Terms and Conditions shall not constitute a waiver of any such right or provision. If any provision is held to be unenforceable, such provision shall be struck and the remainder of these Terms and Conditions shall be maintained in full force and effect. Under no circumstances shall, The Survey Site, LLC, or any of their affiliates, subsidiaries agents, directors, officers, employees, representatives, licensors (including third party service providers) or clients be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond their reasonable control, including, without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in heat, light, or air conditioning. The United Nations Convention on Contracts for the International Sale of Goods and UCITA shall not apply to this Agreement. Any claim or cause of action arising out of or related to these Terms and Conditions or the use of the Web site, must be filed within one (1) year after such claim or cause of action arose, or be forever barred.

You agree to be bound by any affirmation, assent or agreement you transmit through The Survey Site, LLC. You agree that now and in the future, when you click on an “I agree” or “I consent” or other similarly worded online “button” or entry field with your mouse that your agreement or consent will be legally binding, enforceable and the equivalent of your handwritten signature.