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		TestSpin, Inc., a California corporation, hereinafter TestSpin, is a marketing research company based in Los Angeles, California.  TestSpin provides and maintains an Internet Web site (the \"Site\") with related tools and processes to create surveys or focus groups and obtain survey and focus group results and associates services (the \"Services\").  The Services and use of the Site are provided to you, the survey or focus group respondent, hereinafter \"Tester\" or \"you\", under the terms and conditions set forth in the Terms of Agreement and any rules or policies otherwise set forth on this site or published from time to time by TestSpin.  The Terms of Agreement set forth below and any rules or policies otherwise set forth on this Site comprise the entire agreement between Tester and TestSpin and supersedes any and all prior agreements or understandings between the parties.

1.	ACKNOWLEDGMENT AND ACCEPTANCE.
You expressly agree to receive survey or focus group participation requests by email from our existing registered Clients or perspective Clients who may not be known to you.  You acknowledge that you can \"opt out\" of receiving these survey or focus group requests at any time, although it may take several weeks before you stop receiving the requests.  You understand that TestSpin will use the information you provide during the registration process to determine if your demographic profile matches the requirements of our Clients who seek Testers to respond to their surveys or focus groups.  You have no objection to the use of your registration information for these purposes.  You acknowledge that TestSpin does not send survey requests of its own unless clearly notified on the request that the survey is from TestSpin, rather TestSpin provides a complete solution for third parties to conduct surveys and focus groups.  TestSpin has no control over the content or subject matter of the surveys or focus groups or invitations to take surveys or focus groups, or the results or invitations to view the results that these third party surveys or focus groups generate.  You further understand that if a survey or focus group asks for personal information about you and you choose to supply it to the third party, TestSpin has no control over the third party's use of that personal information.  You acknowledge that you will be compensated with gift certificates or merchandise for each completed survey or focus group as determined by TestSpin.  If you do not finish the survey or focus group in the allotted time, TestSpin has the right to obtain another Tester in your place without any compensation to you.
PLEASE READ THE FOLLOWING TERMS OF AGREEMENT CAREFULLY.  BY COMPLETING THE REGISTRATION PROCESS AND CLICKING ON \"I AGREE\" YOU ACCEPT AND AGREE TO ALL OF THE TERMS AND CONDITIONS SET FORTH IN THE TERMS OF AGREEMENT, INCLUDING ALL WARRANTIES AND PROMISES. TESTER HEREBY ACKNOWLEDGES AND WARRANTS THAT TESTER IS 18 YEARS OF AGE OR OLDER.

2.	MODIFICATION TO SERVICES PROVIDED.
Tester acknowledges and agrees that TestSpin may, with or without notice, modify, delete, or amend the Services and/or Site provided hereunder.  Further, Tester acknowledges and agrees that TestSpin may further modify, delete or amend the Terms of Agreement from time to time.  In either event, TestSpin will notify Tester of any modification, deletion or amendment on the Site, by email or otherwise.  If Tester does not accept the modification, deletion or amendment, Tester must terminate Tester's registration at that time.  Any and all use of the site or the Services by Tester after the notice is posted shall be deemed to be acceptance of the modification, deletion or amendment (as well as all other terms and conditions) to the Services, Site or Terms of Agreement.

3.	REGISTRATION AND PASSWORD.
Tester'shall provide current, complete, accurate information in the registration section of the Site.  Tester'shall further update and keep such information current as needed.  Tester'shall provide a password or accept a TestSpin assigned password in order to access the Services.  Tester is solely responsible for maintaining the confidentiality of Tester's password and account information.  Tester'shall immediately notify TestSpin of any unauthorized account activity, or any unauthorized use or any other breach of security known to Tester.

3.  PAYMENTS TO PERSONAL ACCOUNTS
TestSpin will pay Tester \"TestSpin Dollars\" for participating and completing online surveys and focus groups.  TestSpin will pay one TestSpin Dollar for a QuickSpin, two TestSpin Dollars for a ValueSpin, four TestSpin Dollars for a PremiumSpin, and thirty TestSpin Dollars  for a Focus Group.  TestSpin Dollars are deposited in a virtual Personal Account and amounts are displayed on Tester's Personal Account web page_  Tester will only receive a payout after Tester has accumulated at least ten TestSpin Dollars. TestSpin Dollars will only be redeemable in $10 increment as Amazon.com gift certificates and according to Amazon.com policies.   For a focus group Tester will receive three $10 Amazon.com gift certificates.  Once Tester has accumulated ten TestSpin Dollars, Tester may claim the Amazon.com gift certificate by clicking on a \"payout\" button that will appear on Tester's Personal Account web page_  After clicking on the \"payout\" button, an email will be sent to Tester's registered email account.  Tester's Amazon.com gift certificate code will be enclosed in that email.  Any unused TestSpin Dollars will remain in Tester's Personal Account.  Tester will not be able to redeem any remaining TestSpin Dollars until Tester's Personal Account again has a minimum of ten TestSpin Dollars.

4.	 INACTIVE PERSONAL ACCOUNTS
TestSpin shall have the right to close a personal account for inactivity.  A personal account shall be deemed inactive if the account does not receive deposits in excess of ten dollars during a one-year period.  Tester'shall not be compensated for funds lost in an account that is closed due to inactivity.

5. 	ACCURATE AND TRUTHFUL INFORMATION
Tester'shall provide accurate and truthful registration and survey information.  Only Tester'shall provide survey information when completing a survey response through Tester's account .  Tester warrants that the opinions and statements given in a survey response represent Testers true opinion or view.  Furthermore, TestSpin shall have the right to analyze Tester's survey responses for accuracy and truthfulness.  If TestSpin has reason to believe that Tester is not providing accurate and truthful registration or survey information, or if Tester is allowing someone other than Tester to contribute to survey responses, TestSpin shall have the right to terminate Tester's account and Tester'shall not be compensated for any funds in Tester's account.

6.	PRIVACY.
TestSpin is committed to its policy of protecting the privacy and confidential information of the Clients and Testers.  Please see TestSpin's PRIVACY POLICY for additional information on privacy.

7.	DISCLAIMER OF WARRANTIES.
TESTER EXPRESSLY ACKNOWLEDGES AND AGREES THAT USE OF THE SERVICE AND THE SITE IS AT Tester's SOLE RISK.  THE SERVICE AND THE SITE ARE PROVIDED ON AN \"AS IS\" AND \"AS AVAILABLE\" BASIS.  TO THE FULLEST EXTENT ALLOWED BY LAW, TESTSPIN EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.  THE CONTENTS OF THE SERVICES OR THE SITE MAY CONTAIN ERRORS, PROBLEMS OR OTHER LIMITATIONS.  TESTSPIN ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN CONTENT.  TESTSPIN IS NOT RESPONSIBLE FOR THE CONTENTS OF ANY SURVEY OR FOCUS GROUP OR SURVEY OR FOCUS GROUP INSTRUCTIONS, OR IS IT RESPONSIBLE FOR THE RESPONSES SUBMITTED TO ANY SURVEY OR FOCUS GROUP REQUESTS OR FOR THE RESULTS GENERATED BY SURVEY OR FOCUS GROUP RESPONSES.  TESTSPIN DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE RELIABILITY OR ACCURACY OF THE REGISTRATION INFORMATION SUPPLIED TO TESTSPIN NOR THE RESPONSES OR INFORMATION SUPPLIED BY TESTERS IN RESPONSE TO SURVEYS OR FOCUS GROUPS.  TESTSPIN DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE CONSEQUENCES OF THE USE OF ANY SURVEY OR FOCUS GROUP, SURVEY OR FOCUS GROUP RESPONSES OR SURVEY OR FOCUS GROUP RESULTS NOR DOES TESTSPIN WARRANT THE CORRECTNESS, USEFULNESS, RELIABILITY, ACCURACY OR OTHERWISE OF ANY SURVEY OR FOCUS GROUP, SURVEY OR FOCUS GROUP RESPONSES OR SURVEY OR FOCUS GROUP RESULTS.  TESTSPIN MAKES NO WARRANTY THAT THE SERVICE OR SITE WILL MEET Tester's REQUIREMENTS OR THAT THE SERVICE WILL BE UNINTERRUPED, TIMELY, SECURE, VIRUS-FREE, ERROR-FREE, ACCURATE OR RELIABLE; NOR DOES TESTSPIN MAKE ANY WARRANTY AS TO ANY INFORMATION THAT MAY BE OBTAINED THROUGH THE SERVICE OR SITE OR THAT DEFECTS IN THE SOFTWARE FOR THE SERVICE WILL BE CORRECTED OR THAT THE SITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.  TESTER UNDERSTANDS AND AGREES THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH USE OF THE SERVICE OR SITE IS DONE AT Tester's OWN DISCRETION AND RISK AND THAT TESTER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO Tester's COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL OR DATA.  TESTSPIN MAKES NO WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH THE SERVICE OR SITE OR ANY TRANSACTIONS ENTERED INTO THROUGH OR BASED UPON THE SERVICE OR THE SITE.  NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY TESTER FROM THE SERVICE OR SITE OR THROUGH THE SERVICE OR SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.  TESTER ACKNOWLEDGES THAT Tester's USE OF THE SITE AND SERVICES ARE AT TESTERS OWN RISK.

8.	LIMITATION OF LIABILITY.
TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, NEITHER TESTSPIN NOR ANY PARENT ENTITIES, SUBSIDIARIES, AFFILIATES, OFFICERS OR EMPLOYEES SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF Tester's ACCESS TO, USE OF, INABILITY TO USE, OR RELIANCE ON THE SERVICE OR ANY SURVEYS OR FOCUS GROUPS, SURVEY OR FOCUS GROUP RESPONSES OR SURVEY OR FOCUS GROUP RESULTS, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  IF TESTER IS DISSATISFIED WITH THE SERVICE, THE MATERIALS AVAILABLE ON OR THROUGH THE SERVICE OR THE SITE, OR WITH ANY OF THE TERMS OF AGREEMENT, Tester's SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICE AND LEAVE THE SITE IMMEDIATELY.

9.	NO SPAMMING OR JUNK MAIL.
From time to time, TestSpin may solicit feedback on services provided by the site.  Tester warrants that Tester's use of the Site or Service will not violate any spamming, junk mail or other related laws or regulations prohibiting or discouraging unsolicited mail.  If you have breached the Terms of Agreement, TestSpin will report such conduct to the appropriate authorities and turn over any and all information, including personally identifying information, to appropriate persons or entities.

10.	PROPRIETARY RIGHTS.
TestSpin owns the content, including the graphics, names, text, software, music, videos, sound, pictures, compilations, survey templates, surveys, survey responses, survey results, related survey data, focus group process, focus group responses, focus group results, page layout, design, processes, procedures, magnetic translation, digital conversion or other material contained in the Service and the Site.  All content, with the possible exception of third party content, is protected by copyrights, trademarks, service marks, patents, or other proprietary rights and laws.  No one may copy, reproduce, distribute in any way, or decompile, reverse engineer or disassemble the content.  Modification or use of the content in any other way is a violation of copyright and other proprietary laws.  No one may copy, reproduce, transmit, post, distribute or create derivative works from this Site without prior express authorization.

11.	ADVERTISERS AND LINKS.
TestSpin may provide advertising space and/or links and pointers to Internet sites maintained by third parties.  TestSpin has not reviewed all of the third party sites nor reviewed any products or services they may provide.  TestSpin is not responsible for nor does it endorse the contents or any products or services of such third parties or their sites.  TestSpin does not control in any respect any information, products or services offered or suggested by third parties on the Site.  TestSpin does not endorse or otherwise warrant or guarantee the products or services that are either advertised on the Site or connected by link.

12.	INDEMNIFICATION.
Tester agrees to defend, indemnify and hold harmless TestSpin, its parent entities, subsidiaries, affiliates, officers, and employees, for any and all claims and demands, including attorney's fees, due to or arising from Tester's use of the Service, surveys, focus groups and any other conduct related in any way to the Service or the Site, including but not limited to breaching any warranty or provision contained in these Terms of Agreement.

13.	TERMINATION.
These Terms of Agreement may be terminated by either party hereto at any time.  TestSpin shall not be liable to Tester or any third party in any manner for termination of the Service.  In the event Tester'should become dissatisfied with the Terms of Agreement or any modifications thereof, or with the Service or the Site, Tester's only recourse is to discontinue use of the Service and terminate the registrations.  Upon termination, Tester's right to use the Service and the Site cease immediately.

14.	JURISDICTION.
The Terms of Agreement and the relationship between Tester and TestSpin shall be treated as if entered into and executed in the State of California and shall be governed and construed in accordance with the laws of the State of California, without regard to conflict of law principles.  Tester agrees to submit to personal and exclusive jurisdiction and venue of the courts in Los Angeles County, California, USA.  TestSpin makes no representation that the materials and content on the Site 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 the Services or the Site 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 the Terms of Agreement must be made within one year of the occurrence.

15.	GENERAL PROVISIONS.
In any dispute arising from the relationship between Tester and TestSpin or the Terms of Agreement, the prevailing party shall be entitled to reasonable attorney's fees and costs.  The failure by TestSpin to enforce any right or provision under the Terms of Agreement shall not constitute a waiver of that provision or any other provision of the Terms of Agreement.  If any provision of the Terms of Agreement shall be determined to be invalid or unenforceable by a court of competent jurisdiction, the other provisions of the Terms of Agreement shall remain in full force and effect.


16.	NATURE OF AGREEMENT.
Tester agrees that the registration procedure and subsequent activation of the \"I AGREE\" button constitute agreement to the Terms of Agreement.  Further, the Terms of Agreement is the entire and only agreement between the parties and supersedes any prior or other understandings, representations or warranties.  Tester agrees that each use of the Services and the Site reaffirms Tester's acknowledgment and agreement to the Terms of Agreement.

You acknowledge that by clicking on the \"I AGREE\" button below to complete my registration as a Tester, you have read, understood and agreed to the foregoing statements and the Terms of Agreement.
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