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
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.
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
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; 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.
- 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
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
- 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.
Please review our Privacy Statement.
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.
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:
- 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.
- 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.
- 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
- Member Conduct
You agree not to use Clear Voice Surveys or this Web site to:
- Violate any local, state, national or international law;
- Stalk, harass, or harm another individual;
- Collect or store personal data about other Members;
- 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;
- Disobey any requirements, procedures, policies, or regulations of such networks;
- Interfere with another Member's use of Clear Voice Surveys;
- Attempt to gain unauthorized access to Clear Voice Surveys, or to other accounts,
computer systems, or networks connected to Clear Voice Surveys;
- Transmit any file that contains viruses, worms, Trojan horses, or any other contaminating
or destructive features;
- 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
- 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.
- 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
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
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.
- 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.
- 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
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.
- 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.
- 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.
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,
or assigned by you, but may be assigned by us without restriction.
of such provision nor of the right to enforce such provision. If any part of the
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
admissible in judicial or administrative proceedings based upon or relating to the
documents and records originally generated and maintained in printed form.