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Terms of Agreement:
Revised 08.30.2009 |
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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. YOU ALSO HEREBY ACKNOWLEDGE AND
WARRANT THAT YOU ARE 13 YEARS OF AGE OR OLDER. |
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TestSpin, Inc., a California corporation (“Company”, “We” or “Us”), is a marketing research company based in Calabasas, California. Company provides and maintains an
Internet Web site (the "Site"), under the name TestSpin.com with related tools and processes, to create, offer and conduct market research studies, surveys and/or focus
groups, obtain and compile market research, survey and focus group results, and associated services (the "Services"). The Services and use of the Site are provided to you, a
person that registers to be a market research, survey or focus group respondent (hereinafter "Member" or "you") under the terms and conditions set forth in these Terms of
Agreement, as revised from time to time, and any rules or policies otherwise set forth on the Site or published from time to time by Us. The use of the Site and the Services
is void where prohibited.
Members who complete a marketing research study, survey or focus group (each a ”Survey”) under the terms and conditions set forth in the Survey invitation, the Survey and
these Terms of Agreement receive awards in the form of specific awards (“Awards”) or RedeemItNow Points (“Points”) as defined and in amounts set forth in the Survey or
Survey invitation. These Awards or Points have zero ($0.0) monetary value. Points may be redeemed for merchandise, gift codes, or cash through RedeemItNow.com, a
web site operated by RedeemItNow, Inc., an affiliate of Company (“RIN”). RedeemItNow.com provides an Internet means to enable a Member who holds Points to redeem
such Points for merchandise, gift certificates, or cash. Previously, Members were provided Testspin Dollars as awards, which also had no ($0.00) monetary value. However,
any Member with Testspin Dollars in their account will have the opportunity to convert those Testspin Dollars into Points at the rate of ten TestSpin Dollars for 10,000 Points.
We are using RedeemItNow.com exclusively to offer Members the opportunity redeem their Points and Awards under the terms and conditions set forth in these Terms of
Agreement and any rules or policies otherwise set forth on this Site or published from time to time by Us and under the RedeemItNow.com Terms of Service (“RIN TOS”).
In order to convert TestSpin Dollars to Points and to redeem Points, Members must agree to the RIN TOS and accept the RIN Privacy Policy. If a Member does not accept
the RIN TOS, such Member will be unable to convert TestSpin Dollars to Points and will be unable to redeem Points for items of value. These Terms of Agreement, the RIN
TOS and any rules or policies otherwise set forth on this Site and RedeemItNow.com site, including the respective Privacy Policies, or any terms set forth in any Survey
invitation or communication, comprise the entire agreement between Member and Us and supersedes any and all prior agreements or understandings between the parties.
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| 1. ACKNOWLEDGMENTS |
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You expressly agree to receive Survey participation requests by email from us on behalf of, or directly from, our clients ("Clients") who may not be known to you.
You acknowledge that you can "opt-out" of receiving these Survey requests at any time, although it may take several weeks before you stop receiving the requests.
You understand that We will use the information you provide during the registration process to determine if your demographic profile matches the requirements of our
Clients who seek Members to respond to their Survey. You have no objection to the use of your registration information for these purposes. We do not send Survey
requests for our own Surveys unless clearly notified on the request that the Survey is from Us; instead, We typically provides a means for third parties to connect with
Members to conduct Surveys. Generally, we will receive and compile the Survey results in the aggregate for delivery to our Clients and your personal information will
not be provided to any third parties. We have no control over the content or subject matter of the Surveys or requirements to qualify take Surveys, or the results or
invitations to view the results from third party Surveys. Some Surveys may require direct communication or responses to a third party Client, but that requirement will
be disclosed in the invitation and you will have the right to decline to participate in the Survey. If a Survey will be a direct communication or response to a third party
and not Calabasas, you further understand that if a Survey asks for personal information about you and you choose to supply it to the third party, We have no control
over the third party's use of that personal information. You should determine the terms of service and privacy policy of the third party to understand your rights.
You acknowledge that you will be provided Awards or Points for each fully completed a Survey meeting the criteria for an Award or Points, with completion as determined
by Us, and in accordance with Our payment terms and conditions. The Points can be redeemed Awards and for PayPal cash, merchandise and gift ,codes, as may be
offered by Us through RIN at the time of redemption. If you do not finish the Survey in the allotted time, We have the right to obtain another Member in your place
without any Award to you. Unless otherwise stated, all Surveys are by invitation only and individuals may participate only once in each Survey to which they are invited.
Unless otherwise stated, individuals who do not receive invitations directly from Us or from a company authorized by Us to issue email invitations are not eligible for any
Award, if any is offered. Individuals who attempt to participate in a Survey more than once, unless multiple participation is specifically authorized, are not eligible for any
Award, if any is offered. Unless otherwise noted, only one person per household may participate in each Survey. We may track your use of the Site, and may freely use
and disclose any information and materials received from you or collected through your use of the Site for any lawful reason or purpose, in accordance with the guidelines
set forth in its Privacy Policy.
The earning of Points and awards and redemptions are subject to all applicable laws and regulations. Rewards may be subject to income, use or other taxes. Such taxes
and all disclosures related thereto are the sole responsibility of the Member.
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| 2. MODIFICATION TO SERVICES PROVIDED |
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| Member acknowledges and agrees that We may, with or without notice, modify, delete, or amend the Services and/or Site and/or Terms of Agreement. We will notify
Member of any such modification, deletion or amendments by updating the "revised" date on these Terms of Agreement, by notice placed on the Site, by email or by other
means. If Member does not accept the modification, deletion or amendment, Member must terminate Member's registration prior to any continued use of the Site or Services.
Any and all use of the Site or the Services by Member after the notice 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. |
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| 3. REGISTRATION AND PASSWORD |
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Member shall provide current, complete, accurate information in the registration section of the Site. Member shall further update and keep such information current as
needed. Member must be 13 years of age or older to register. Member shall provide a password or accept a Calabasas assigned password in order to access the Services.
Member is solely responsible for maintaining the confidentiality of Member's password and account information. Member shall immediately notify Us of any unauthorized
account activity, or any unauthorized use or any other breach of security known to Member.
Member shall comply with all laws, rules, and regulations that are applicable to Member or to Member’s participation in the Program or use of the Site. Member acknowledges
that Member may only participate in the Services if and to the extent that such participation is permitted by such laws, rules, and regulations. We may refuse to enroll Member,
or to restrict, modify, or terminate Member's participation in the Services, without liability to Member or any other party, if Member violates any law, rule, or regulation, or if
Member's participation in the Services could violate any law, rule, or regulation.
Membership and Member's right to use the Site or Services is non-transferable. Points and Awards are non-transferable and are void if transferred. Points and/or rewards
may not be bartered or sold. Member's membership will terminate immediately in the event of Member's death. TestSpin accounts and Points and Awards are not transferable
upon death or as part of a domestic relations matter or otherwise by operation of law.
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| 4. PAYMENTS TO PERSONAL ACCOUNTS/REDEMPTION |
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| We will give Points for participating in and completing Surveys on the required terms. Other Surveys will disclose the Award or number of Points for the Survey in the invitation.
We may from time to time invite Member to participate in third-party Surveys. Members will be alerted in advance that the Survey is a third-party Survey and the designated Award
or Point value of the survey and has the choice not to participate. As We will sometimes use email addresses that are entered at the end of a third-party survey for verification, We
will not be responsible if Member deletes or change their email address before they have been credited with an Award or Points for that Survey. Points are deposited in a virtual
Personal Account for each Member and amounts are displayed on Member's Personal Account webpage, which can be viewed at TestSpin.com or, in more detail, on
RedeemItNow.com. Members will only be eligible to redeem Points after they have accumulated at least ten thousand Points. Members holding existing Testspin Dollars who agree
to the RIN TOS may convert TestSpin Dollars into Points at the rate of ten TestSpin Dollars for 10,000 Points. The conversion to Points is irreversible and once TestSpin Dollars are
converted to Points, they cannot be re-converted to TestSpin Dollars. |
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To redeem Points, Member must provide RIN and Us with an accurate home address, which will be used only for security purposes. We will not use the address information for any
solicitation and will not sell or disclose that information to third parties. Members must visit RedeemItNow.com to redeem their points.
Points can be redeemed for Amazon.com gift certificates, but only in $10 increments and according to Amazon.com policies. Once a Member has accumulated ten thousand Points,
Member may claim the Amazon.com gift certificate by following the standard cashout procedure in the RedeemItNow Rewards Center at RedeemItNow.com. After clicking on the
"Payout" button, an email will be sent to Member's registered email account. A Member's Amazon.com gift certificate code will be enclosed in that email. Neither RIN nor We
will have any liability regarding the gift certificate code. Any unused Points will remain in Member's Personal Account. Member will not be able to redeem any remaining Points
until Member's Personal Account again has a minimum of ten thousand Points.
Points may be converted to cash using PayPal through the RedeemItNow cashout system at the rate of 10,000 Points for eight dollars and twenty cents ($8.20). Member must have
a PayPal account to receive such a payment. PayPal is solely responsible for the delivery of cash to any Member and neither We nor RedeemItNow, Inc. is liable for any errors or
omissions by PayPal or User. All use of the PayPal system is subject to the Terms of Service and Privacy Policy of PayPal, which can be accessed from the Site or from PayPal
directly. If a User declines delivery of payment from PayPal, User will not be re-credited any Points in their personal account.
Users may be offered other redemption opportunities, including the ability to exchange Points for merchandise or credits towards merchandise at the RIN store. Redemptions shall
be determined by us and will be on the terms in effect at the time of the redemption. Some of these redemption opportunities may involve third party providers of merchandise.
In some instances, transactions may require the disclosure of personal information to RIN or such third party providers, such as for example: an address for shipment of
merchandise or credit card information if any additional payment is required. All use of such third party sites is subject to the Terms of Service and Privacy Policy of the third party.
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| 5. INACTIVE PERSONAL ACCOUNTS |
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We 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 one thousand Points,
participate in a marketing activity, or redeem Points during a one-year period. Member shall not be eligible to recover any balance of Points lost in an account that is closed due to inactivity.
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| 6. ACCURATE AND TRUTHFUL INFORMATION |
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| Member shall provide accurate and truthful registration and Survey information. Only Member shall provide Survey information when completing a Survey response through Member's account. Member warrants that the opinions and statements given in a Survey response represent Member's true opinion or view. Furthermore, We shall have the right to analyze Member's Survey responses for accuracy and truthfulness. If We have reason to believe that Member is not providing accurate and truthful registration or Survey information, or if Member is allowing someone other than Member to contribute to Survey responses, We shall have the right to terminate Member's account and Member shall not be eligible to redeem any balance in Member's account. |
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| 7. ABUSE & DISPUTES |
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| The following Member actions are considered an abuse and a violation of these Terms of Agreement and cause for immediate termination of the right to continue to use the Site or
Services. The following actions are not the only activities that may be determined to be an abuse or violation of these Terms of Agreement. When terminated, Member account will be
closed and Member shall not be eligible to redeem any TestSpin Dollars or RIN Points in Member's account. |
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| a. Registering with Us by giving false or misleading information |
| b. Changing your profile and giving false or misleading information |
| c. Creating multiple accounts |
| d. Taking the same survey more than once |
| e. Attempting to take a survey, not qualifying as a Member, then taking the same survey again with knowledge of the requirements of the qualifying process |
| f. Informing another person of the requirements for a the Survey qualifying process |
| g. Intentionally giving faulty responses on a Survey |
| h. Completing a Survey so quickly that you would not have been physically able to read the questions |
| i. Posting our links to Surveys anywhere on the Internet |
| j. Registering if you are under the age of 13 years old |
| k. Not fitting a specific Member profile in a Survey invitation, but attempting to take the Survey anyway |
| l. Registering or changing user profile with usernames or email addresses that We deem indecent |
| m. Being unable to answer profile verification questions |
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| If you are a US citizen, and have a dispute, you will be required to give Us your social security number and full name and postal address, so We can verify your registration information with US State records. Disputes are for US citizens only. After We have run a check on your profile, if your records are accurate, We will advise you the reason your account was closed. If, in our discretion, We should decide to re-open your account, We will re-open your account and advise you why your account was closed. If your records do not match, your account will remain closed and no further action will be taken. If you are from outside the USA, We will not be able to process your dispute and there will be no recourse, your account will remain closed. |
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| 8. PRIVACY/ PERSONAL AND NON-PERSONAL INFORMATION. |
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We committed to its policy of protecting the privacy and confidential information of Members. Please see our PRIVACY POLICY for additional information on privacy.
You understand that We will use the personally identifiable information you provide during the registration process or in response to other requests to determine if
you qualify to participate in opportunities, facilitate communications and target special discounts and offerings. Personally identifiable information is information
that identifies you and includes such data as name, address, telephone number, and email address. We do not send your personal individual information or identify
you individually to our clients or third parties unless you consent. You have no objection to the use of your personal information for these purposes. Please see our
Privacy Policy for further information
As stated below and further described in our Privacy Policy, we use cookies and Web beacons to obtain non-personal data such as IP addresses, browser type,
referring URLs, clickstream data (information that users generate as they move from page to page and click on items within a website, usually stored in log files),
operating system, and date/time stamp. We use such data to analyze trends, administer the site, track User's movement, and gather broad demographic and
behavior information. The information collected by us through cookies and the applet will not be disclosed or sold to third parties.
A cookie is a small piece of information that a website transfers to the hard drive of a visitor's computer to facilitate recognition and communication and for
record-keeping purposes. You can adjust your web browser to not accept cookies, but you may lose some functions if you do so.
A web beacon is an invisible file located on webpages that you visit. They are often used in combination with a cookie to track navigation of a site and communicate
with your computer to determine, among other things, whether you have been to that page before or viewed particular information. Such information does not
personally identify you, but are data points that may also be used to enhance the use of the web site, for market research and to target Activity invitations to you
based on preferences.
We may freely use and disclose any information and materials received from you or collected through your use of the Site for any lawful reason or purpose, in
accordance with the guidelines set forth here and in Our Privacy Policy.
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| 9. DISCLAIMER OF WARRANTIES |
| MEMBER EXPRESSLY ACKNOWLEDGES AND AGREES THAT USE OF THE SERVICE AND THE SITE IS AT MEMBER'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, WE EXPRESSLY DISCLAIM 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. WE ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN CONTENT. WE ARE NOT RESPONSIBLE FOR THE CONTENTS OF ANY SURVEY OR FOCUS GROUP OR SURVEY OR FOCUS GROUP INSTRUCTIONS, NOR ARE WE RESPONSIBLE FOR THE RESPONSES SUBMITTED TO ANY SURVEY OR FOCUS GROUP REQUESTS OR FOR THE RESULTS GENERATED BY SURVEY OR FOCUS GROUP RESPONSES. WE MAKE NO WARRANTY THAT THE SERVICE OR SITE WILL MEET MEMBER'S REQUIREMENTS OR THAT THE SERVICE WILL BE UNINTERRUPED, TIMELY, SECURE, VIRUS-FREE, ERROR-FREE, ACCURATE OR RELIABLE; NOR DO WE 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. MEMBER UNDERSTANDS AND AGREES THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH USE OF THE SERVICE OR SITE IS DONE AT MEMBER'S OWN DISCRETION AND RISK AND THAT MEMBER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO MEMBER'S COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL OR DATA. WE MAKE 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 MEMBER FROM THE SERVICE OR SITE OR THROUGH THE SERVICE OR SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. MEMBER ACKNOWLEDGES THAT MEMBER'S USE OF THE SITE AND SERVICES ARE AT MEMBER'S OWN RISK. |
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| 10. LIMITATION OF LIABILITY |
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| TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, NEITHER WE 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 MEMBER'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 MEMBER IS DISSATISFIED WITH THE SERVICE, THE MATERIALS AVAILABLE ON OR THROUGH THE SERVICE OR THE SITE, OR WITH ANY OF THE TERMS OF AGREEMENT, MEMBER'S SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICE AND LEAVE THE SITE IMMEDIATELY. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, CALABASAS LIABILITY IN SUCH STATE OR JURISDICTION SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW. |
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| 11. NO SPAMMING OR JUNK MAIL |
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| From time to time, We may solicit feedback on services provided by the site. Member warrants that Member'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, We can report such conduct to the appropriate authorities and turn over any and all information, including personally identifying information, to appropriate persons or entities. |
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| 12. PROPRIETARY RIGHTS |
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| We own the content contained in the Service and the Site, except for third party tradenames and property, 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. 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. |
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| 13. ADVERTISERS AND LINKS |
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| We may provide advertising space and/or links and pointers to Internet sites maintained by third parties. We have not reviewed all of the third party sites nor reviewed any products or services they may provide. We are not responsible for nor do We endorse the contents or any products or services of such third parties or their sites. We do not control in any respect any information, products or services offered or suggested by third parties on the Site. We do not endorse or otherwise warrant or guarantee the products or services that are either advertised on the Site or connected by link. |
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| 14. INDEMNIFICATION |
| Member agrees to defend, indemnify and hold harmless Calabasas, its parent entities, subsidiaries, affiliates, officers, and employees, for any and all claims and demands, including attorney's fees, due to or arising from Member'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. |
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| 15. TERMINATION |
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| In addition to termination as a result of Member Abuse, these Terms of Agreement may be terminated by either party hereto at any time. We shall not be liable to Member or any third party in any manner for termination of the Service. In the event Member should become dissatisfied with the Terms of Agreement or any modifications thereof, or with the Service or the Site, Member's only recourse is to discontinue use of the Service and terminate the registrations. Upon termination, Member's right to use the Service and the Site cease immediately and Member will not be eligible to redeem any balances in Member's TestSpin or RIN Points accounts. |
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| 16. JURISDICTION |
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| The Terms of Agreement and the relationship between Member and Us 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. Member agrees to submit to personal and exclusive jurisdiction and venue of the courts in Los Angeles County, California, USA. We make 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. |
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| 17. GENERAL PROVISIONS |
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| In any dispute arising from the relationship between Member and Us or the Terms of Agreement, the prevailing party shall be entitled to reasonable attorney's fees and costs. The failure by Us 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. |
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| 18. LOG FILES |
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| As described in our Privacy Policy, we use cookies installed on a User's computer to obtain data such as IP addresses, browser type, referring URLs, clickstream data, operating system, and date/time stamp. We use such data to analyze trends, administer the site, track User's movement, and gather broad demographic and behavior information. The information collected by us through cookies will not be disclosed or sold to third parties. Such information in aggregate form may be used in optimizing the performance of our site and our services or determine abuse. Such individual information obtained may be used by used by Us to target other Surveys, offerings and invitations to Members meeting the criteria for the Survey and for target marketing based on a Member's profile or preferences. |
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| 19. NATURE OF AGREEMENT |
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| Member 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 and any documents referred to or incorporated in these Terms of Agreement, including the Privacy Policy and any terms and conditions in any Survey invitation, is the entire and only agreement between the parties and supersedes any prior or other understandings, representations or warranties. Member agrees that each use of the Services and the Site reaffirms Member's acknowledgment and agreement to the Terms of Agreement. |
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| You acknowledge that by clicking on the "I AGREE" button below to complete registration as a Tester, you have read, understood and agreed to the foregoing statements and the Terms of Agreement. |
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