Clear Voice Surveys Terms of Use

Terms of Use

Last Updated: 12/16/2010

BY ACCESSING AND USING THE www.clearvoicesurveys.com WEB SITE (THE "WEBSITE"), YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE LEGALLY BOUND BY THESE TERMS OF USE

By using the Website, you are representing that you are at least 13 years old. The Website is expressly not designed for or directed to children under the age of 13. We reserve the right to take any action necessary to protect ourselves and our users if we believe that any person under the age of 13 has used our Website in contravention of this section, including deleting all information provided by such person and using technical measures, such as IP address blocking, to prevent such person from attempting to access the Website.

  1. Updates

    We may modify these Terms of Use at any time. Modifications will be posted in these Terms of Use. To help you stay current of any changes, we may take the following two steps: (1) we note the date the Terms of Use was last updated below and (2) when we make a change to the Terms of Use, we may post conspicuous announcements of such changes on the homepage of the Website. Your use of the Website after such changes have been posted will constitute your agreement to the modified Terms of Use and all of the changes. You should read these Terms of Use each time you access, and prior to using, the Website. If you disagree with the provisions of the Terms of Use at any time, your sole remedy is to terminate your use of the Website. Continued use of the Website constitutes your agreement to the Terms of Use as in effect.

  2. Use of the Website; Participation in Services

    The purpose of the Website is to connect users like you with third party companies that have a need to collect opinions, reviews, and experiences on their products or products of their clients (the "Companies") and are willing to provide certain compensation for doing so (the "Rewards"). By using the Website, you expressly acknowledge that we act solely as a neutral interactive service provider that provides a website where you can participate in certain opportunities provided by third parties. As such, you expressly acknowledge and agree that we are not responsible, nor shall we be liable, for any interaction you may have with such Companies and you hereby waive any claim you may have against us as a result of such interaction and shall look only to the applicable Company for satisfaction of any such claim.

  3. Ownership of Content

    Unless otherwise noted, we own or have the rights to use under license. all text, content and documents on the Website, any names, logos, trademarks, service marks, brand identities, characters, trade names, graphics, designs, copyrights, trade dress, or other intellectual property appearing in the Website, and the organization, compilation, look and feel, illustrations, artwork, videos, music, software and other works on the Website (the "Content"). All Content is protected under copyright, trademark and other intellectual property and proprietary rights laws. The use or misuse of any Content , except as provided in the Terms of Use or in the Content, is strictly prohibited. We grant you a non-exclusive, limited, personal, non-transferable, revocable, license to access and use the Content, without right to sublicense, under the following conditions: (a) you shall not, without our express written consent, distribute text or graphics to others, (b) you shall not, without our express written consent, copy and retransmit, disseminate, broadcast, circulate, or otherwise distribute the Content on any other server, or modify or re-use all or part of the Content on this system or any other system, (c) you shall not use any of our tradenames, trademarks, or brand names, or those of any Company with whom you do business via this Website, in metatags, keywords and/or hidden text, (d) you shall not, without our express written consent, copy, distribute, modify, transmit, perform, reuse, re-post, or otherwise display the Content, in whole or in part, for public or commercial purposes and shall not modify, translate, alter or create any derivative works thereof, (e) you shall not create derivative works from the Content or commercially exploit the Content, in whole or in part, in any way, (f) you shall not use the Website, the Content, and/or any portion thereof, in any manner that may give a false or misleading impression, attribution or statement to us, and (g) you shall use the Content, and/or any services and products on the Website or accessible via the Website for lawful purposes only. We reserve all other rights. You do not acquire ownership rights to any Content viewed or accessed, and our posting of the Content on the Website does not constitute a waiver of any right in such Content. You shall not alter, remove or obscure any copyright notice, digital watermarks, proprietary legends or any other notice included in the Content. Except as expressly provided herein, nothing on the Website shall be construed as conferring any other license, whether by estoppel, implication or otherwise. Notwithstanding anything herein to the contrary, we may revoke any of the foregoing rights and/or your access to the Website, or any part thereof, including the blocking of your IP Address, at any time without prior notice.

  4. Access to the Website

    You are responsible for obtaining access to the Website and understand that access may involve third party fees (such as Internet services provider or airtime charges). You are responsible for those fees. In addition, you must provide and are responsible for all equipment necessary to access the Website. In order to access and use certain features of the Website, you will have to create an account ("Member Account"). Only one account per person may be created.

  5. Privacy

    Please review our Privacy Statement.

  6. WARNING

    We take commercially reasonable precautions and have implemented commercially reasonable technical measures intended to protect against the risks of unauthorized access to, erroneous disclosure of, and unlawful interception of information submitted via the Website. However, it is possible that other users or unauthorized "hackers" may post or transmit offensive or obscene materials on the Website and that you may be involuntarily exposed to such materials. It may also be possible for other users or "hackers" to obtain personal information about you. By using the Website, you assume the risk of such occurrences.

  7. Rewards

    For each survey you complete at Clear Voice Surveys you will be awarded the Reward amount specified on the Website or in the email invitation in connection with such survey. In certain circumstances, we may collect the reward from the Company on your behalf and remit it to you. In other cases, the Company may provide Rewards directly to you upon your submission of completed versions of the claim documentation requested by Company. Your expressly acknowledge and agree that:

    1. Where we collect and administer your Reward on behalf of Company, provision of the Reward to you is contingent upon our receipt of the Reward from the applicable Company. In the event that any Company fails to provide the sufficient funds to satisfy the Reward to us, you agree that Company shall be solely liable for such failure and you shall look only to Company with respect to any claims you may have for the applicable Reward. For the avoidance of doubt, you expressly agree to release us and hold us harmless against any claim for any unpaid Rewards where the applicable Company has failed to provide the Reward to us.
    2. Where the applicable Company administers it sown Reward program and provides Rewards directly to you, you agree that Company is solely responsible for such Reward and Company alone, (and not us) is liable for any failure to pay such Reward or remit such reward in a timely manner. For the avoidance of doubt, you expressly agree to release us and hold us harmless against any claim for any unpaid Rewards where the applicable Company fails to provide the Reward to you.

    You must complete the survey in full to receive the Reward amount. For Rewards administered by us, you must earn the minimum amount of Rewards required to make a redemption stated on the Website, as such may be amended from time to time. To redeem your Rewards, you may access the ‘Rewards’ area of the site. Select the desired redemption option from those listed on the site and follow the instructions given to process your reward. The rewards represented in the ‘Rewards’ area of the site and the minimum redemption amount are subject to change by Clear Voice Research at any time without prior notice. Rewards earned from participating in surveys are valid for one year from the award date. If unused on the 366th day after being deposited into your account, your reward will expire and be removed from your Member Account Balance. For example, if you are awarded $5.00 on February, 15, 2007 and by February 16, 2008, the expired $5.00 reward will be removed from your account leaving a balance of $0.00. Clear Voice Research will redeem rewards from your account based upon the award date. Your "oldest" reward funds will be deducted first, leaving your most recently earned rewards in your account.

  8. Third Party Rewards Partners

    Rewards are provided by third party Rewards Partners and are subject solely to rules and restrictions imposed by such Rewards Partners with respect to usage requirements, restrictions on use, inactivity fees or expiration dates. All Gift Cards are issued as of the day upon which you redeem your Rewards and not the day you earn your Rewards. Clear Voice Research assumes no liability, obligation or responsibility for, and makes no warranty with respect to, any such restrictions, rules or policies. For example, if you earn Rewards on January 1, 2011 and redeem your Rewards for an Amazon.com Gift Card on May 1, 2011, then: (a) Amazon.com is solely responsible for the rules, policies and restrictions governing such gift card; (b) the applicable date for determining the issuance of the reward is May 1, 2011, with respect to calculating expiration dates.

  9. Member Conduct

    You agree not to use Clear Voice Surveys or this Web site to:

    1. Violate any local, state, national or international law;
    2. Stalk, harass, or harm another individual;
    3. Collect or store personal data about other Members;
    4. Impersonate any person, or otherwise misrepresent Member's identity; Interfere with, disrupt or violate the terms and conditions and operating rules of Clear Voice Surveys or servers or networks connected to Clear Voice Surveys;
    5. Disobey any requirements, procedures, policies, or regulations of such networks;
    6. Interfere with another Member's use of Clear Voice Surveys;
    7. Attempt to gain unauthorized access to Clear Voice Surveys, or to other accounts, computer systems, or networks connected to Clear Voice Surveys;
    8. Transmit any file that contains viruses, worms, Trojan horses, or any other contaminating or destructive features;
    9. Use the Website to conduct any illegal activity or solicit the performance of any illegal activity or other activity that infringes the rights of others; and
    10. Provide any false or untruthful answers to any survey questions We reserve the right to withhold any Rewards if, in our sole discretion, we determine that you have engaged in any of the foregoing activities.

  10. No Resale; Improper Use

    You are expressly prohibited from using or accessing the Website, or attempting to promote the use of and access to the Website in connection with any plan, scheme, strategy, or purpose as a means of generating income by providing access to others. FOR THE AVOIDANCE OF DOUBT, YOU ARE EXPRESSLY PROHIBITED FROM MAKING ANY STATEMENT THAT SUGGESTS, IMPLIES, OR STATES THAT THE SITE MAY BE USED FOR THE PURPOSE OF "WORKING FROM HOME."

  11. Termination

    We may terminate your Member Account or use of the site, at any time, effective immediately and without prior notice, if we have reason to believe that you have violated any of these terms of use.

  12. Indemnity

    You agree to defend, indemnify and hold harmless Clear Voice Research, LLC, its subsidiaries, affiliates, officers, directors, employees, agents and licensees from any claims, losses, damages, expenses, demands, and costs (including without limitation reasonable attorneys fees), arising out of or relating to your use of the Website, receipt of any Reward, participation in any Survey and receipt of any product, including any product provided for testing purposes, by any Company. Further, you expressly release Clear Voice Research, LLC, its subsidiaries, affiliates, officers, directors, employees, and agree to hold the same harmless, from any claims you might have with respect to, arising out of or in connection with, your use of the Website, and permanently and irrevocably waive all such claims.

  13. Disclaimer of Warranties

    WITHOUT LIMITING THE FOREGOING, THE CONTENT AND ALL OTHER FEATURES ON THE WEBSITE ARE PROVIDED TO YOU "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND WITH RESPECT TO THE WEBSITE AND/OR CONTENT, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT. SHOULD APPLICABLE LAW NOT PERMIT THE FOREGOING EXCLUSION OF EXPRESS OR IMPLIED WARRANTIES, THEN COMPANY HEREBY GRANTS THE MINIMUM EXPRESS OR IMPLIED WARRANTY REQUIRED BY SUCH APPLICABLE LAW. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM COMPANY, ITS EMPLOYEES, AGENTS, SUPPLIERS OR ANY OTHER PERSONS SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS SECTION. ADDITIONALLY, COMPANY DOES NOT MAKE ANY WARRANTIES THAT THE WEBSITE WILL BE UNINTERRUPTED, SECURE OR ERROR FREE OR THAT YOUR USE OF THE WEBSITE WILL MEET YOUR EXPECTATIONS, OR THAT THE WEBSITE, CONTENT, OR ANY PORTION THEREOF, IS CORRECT, ACCURATE, OR RELIABLE. COMPANY RESERVES THE RIGHT TO CHANGE ANY PART OF THE WEBSITE AT ANYTIME WITHOUT NOTICE. WE EXPRESSLY DISCLAIM ANY WARRANTIES IN CONNECTION WITH ANY REWARDS OR PRODUCTS OR SERVICES PROVIDED BY A COMPANY.

  14. Limitation on Liability

    YOUR USE OF THE WEBSITE IS AT YOUR OWN RISK. NEITHER WE NOR OUR AFFILIATES, OR ANY OF THEIR AND OUR RESPECTIVE OFFICERS, DIRECTORS, AGENTS OR OTHER REPRESENTATIVES WILL BE LIABLE FOR ANY DAMAGES, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR PUNITIVE, INCLUDING, WITHOUT LIMITATION, LOSS OF DATA, INCOME, PROFIT OR GOODWILL, LOSS OF OR DAMAGE TO PROPERTY AND CLAIMS OF THIRD PARTIES ARISING OUT OF YOUR ACCESS TO OR USE OF THE SITE OR ARISING OUT OF ANY ACTION TAKEN IN RESPONSE TO OR AS A RESULT OF ANY CONTENT, SURVEY, OR OTHER INFORMATION AVAILABLE ON THE SITE, HOWEVER CAUSED, WHETHER BASED ON BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), PROPRIETARY RIGHTS INFRINGEMENT, PRODUCT LIABILITY OR OTHERWISE. THE FOREGOING SHALL APPLY EVEN IF WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOU BECOME DISSATISFIED IN ANY WAY WITH THE SITE OR ITS TERMS OF USE OR PRIVACY POLICY, YOUR SOLE AND EXCLUSIVE REMEDY IS TO STOP YOUR USE OF THE WEBSITE AND ITS SERVICES. YOU HEREBY WAIVE ANY AND ALL CLAIMS AGAINST US AND OUR AFFILIATES, AGENTS, REPRESENTATIVES AND LICENSORS ARISING OUT OF YOUR USE OF THE SITE. BECAUSE SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN TYPES OF DAMAGES, THESE PROVISIONS MAY NOT APPLY TO YOU. IF ANY PORTION OF THIS LIMITATION ON LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN OUR AGGREGATE LIABILITY SHALL NOT EXCEED ONE HUNDRED DOLLARS ($100.) THE LIMITATION OF LIABILITY HEREIN IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN AND REFLECTS A FAIR ALLOCATION OF RISK. THE SITE, AND THE OPPORTUNITIES TO PARTICIPATE IN SURVEYS AND EARN REWARDS, WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS AND YOU AGREE THAT THE LIMITATIONS AND EXCLUSIONS OF LIABILITY, DISCLAIMERS AND EXCLUSIVE REMEDIES SPECIFIED HEREIN WILL SURVIVE EVEN IF FOUND TO HAVE FAILED IN THEIR ESSENTIAL PURPOSE.

  15. Choice of Law and Enforcement

    Your access to the Website as well as the terms and conditions and the agreement they create are governed and interpreted by the laws of the State of Colorado, other than such laws, rules, regulations and case law that would result in the application of the laws of a jurisdiction other than the State of Colorado.

  16. No Framing; Links; Third Party Websites

    Framing, in-line linking or other methods of association with the Website are expressly prohibited without our prior written approval.

  17. Ability to Accept Terms of Use

    You affirm that either you are more than 18 years of age, or an emancipated minor, or, if you are under the age of 18, you possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in the Terms of Use, and to abide by and comply with the Terms of Use.

  18. Assignment

    The Terms of Use, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by us without restriction.

  19. Miscellaneous

    Our failure to enforce any provision of the Terms of Use shall not be deemed a waiver of such provision nor of the right to enforce such provision. If any part of the Terms of Use is determined to be invalid or unenforceable pursuant to applicable law, including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Terms of Use shall continue in effect. A printed version of the Terms of Use and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to the Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.