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TERMS AND CONDITIONS
All polling results and underlying data provided through this site (collectively, the "Content") are copyrighted and may not be used except as provided in these Terms and Conditions without the express written permission of Hypotenuse, Inc. doing business under the federally registered trademark SurveyUSA®. If you do not agree to these Terms and Conditions, you may not view the Content. Clicking on the button marked "Accept" and completing the purchase of the license to the Content, indicates your acknowledgment that you have read and accepted these Terms and Conditions.
1. License. You are purchasing a limited, non-exclusive license to view certain Content. This license does not include any resale or commercial use or derivative use of the Content. No portion of the Content may be reproduced, duplicated, copied, sold, resold, or otherwise exploited for any commercial purpose without the express written permission of SurveyUSA. All Content is the property of SurveyUSA and is protected by United States and international copyright laws. The compilation of all Content is the exclusive property of SurveyUSA and protected by U.S. and international copyright laws. Trademarks SurveyUSA, SurveyUSA is America's Pollster, SurveyUSA is Proud to be America's Pollster and service names are trademarks, registered trademarks or trade dress of SurveyUSA or its affiliates in the U.S. and/or other countries. SurveyUSA's trademarks and trade dress may not be used in connection with any product or service that is not SurveyUSA's, in any manner that is likely to cause confusion among customers, or in any manner that unfairly disparages or discredits SurveyUSA. All other trademarks not owned by SurveyUSA or its affiliates that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by SurveyUSA or its affiliates. This license does not include the right to view any Content updated subsequent to your purchase of this license. SurveyUSA is undertaking no obligation to update any Content; if SurveyUSA does update the Content and offer to license same, an additional fee will be charged for the license of that updated Content (although you will be under no obligation to purchase a license of that updated Content).
2. Permission. Except as set forth below, all use of Content requires the permission of SurveyUSA. To request permission to use Content, please email editor-at-SurveyUSA-dot-com. Under certain limited circumstances, it is permissible to directly quote the poll results comprising the Content so long as same is appropriately attributed to SurveyUSA. The context, number, and length of the quotes will determine whether permission is or is not required. It is never acceptable to selectively quote the poll results comprising the Content in a manner that changes their meaning or to quote the poll results comprising the Content out of context. It may also be considered infringement if a large percentage of the publication is comprised of quotes from the poll results comprising the Content. It is always best to submit your request for clearance.
3. Limitation on Liabilities.
3.1 Disclaimer. SurveyUSA MAKES NO WARRANTY, EXPRESS OR IMPLIED, HEREUNDER WITH RESPECT TO THE CONTENT OR ITS ACCURACY EXCEPT THAT SURVEYUSA HAS COLLECTED THE UNDERLYING DATA IN ACCORDANCE WITH THE METHODOLOGY DESCRIBED IN "METHODOLOGY" AND IN ACCORDANCE WITH THE CODE OF CONDUCT DESCRIBED IN "CODE OF CONDUCT." ALL OTHER EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS, AND WARRANTIES INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OR CONDITION OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, SATISFACTORY QUALITY, NON-INTERFERENCE, ACCURACY OF INFORMATIONAL CONTENT, OR ARISING FROM A COURSE OF DEALING, LAW, USAGE, OR TRADE PRACTICE, ARE HEREBY EXCLUDED TO THE EXTENT ALLOWED BY APPLICABLE LAW AND ARE EXPRESSLY DISCLAIMED BY SurveyUSA. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS OR THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY.
3.2 No Consequential Damages. SurveyUSA SHALL NOT BE LIABLE TO YOU OR ANY OTHER PERSON FOR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES RESULTING FROM FURNISHING THE CONTENT, EVEN IF SurveyUSA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
3.3 Limitation of Liability. In the event SurveyUSA shall be deemed liable to you for any matter arising out of or in any way relating to this Agreement, whether based on an action or claim in contract, tort, or otherwise, then the amount of damages recoverable against SurveyUSA shall not exceed the amount paid by you to SurveyUSA for the specific Content that is the subject of the action or claim. Further, no cause of action that accrued more than six months prior to the filing of a suit alleging such cause of action may be asserted against SurveyUSA.
4. Disputes. Any dispute relating in any way to the Content or your license thereto shall be submitted to confidential arbitration in Essex County New Jersey, except that, to the extent you have in any manner violated or threatened to violate SurveyUSA=s intellectual property rights, SurveyUSA may seek injunctive or other appropriate relief in any state or federal court; you hereby consent to jurisdiction and venue in the state and federal courts located in the State of New Jersey for such an action. Arbitration under this agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise. This Agreement shall be deemed to be a contract under the laws of the State of New Jersey and for all purposes shall be governed by and construed in accordance with the laws of said State, without regard to principles of conflicts of laws.
5. Modifications. These terms and conditions may not be changed or supplemented in individual instances except in a writing that is signed by an authorized representative of SurveyUSA.
This statement demonstrates SurveyUSA.com's commitment to privacy. We log your IP address and use it to identify site traffic patterns. This gives us an idea as to which parts of our Web site users are visiting. We do not link IP addresses to anything personally identifiable. This means that a user's session will be tracked, but the user will be anonymous. We also may use what we call "cookies." Cookies allow us to both store and retrieve information through a user's browser, but cookies by themselves cannot be used to find out the identity of any user. This enables us to hold user session information, to append information provided in one session to information provided in another session, and in the event we establish password access to any part of the Web site, to save a user's password so the user does not have to re-enter it on each visit to the Web site. If you would rather not take advantage of the benefits made possible with cookies, most browsers allow you to reject cookies or to choose which cookies to accept. SurveyUSA is hired by other companies to gather information for their use. We also conduct surveys for our own informational purposes, which we may or may not publish to third parties. In addition, we gather information on our own initiative which we then publish to third parties. We use the information that we obtain from a user to conduct market research. We provide aggregated information gathered from users to our clients and advertisers. This Web site contains links to other Web sites. SurveyUSA.com is not responsible for the privacy practices or the content of such other Web sites.