WEBSITE USER AGREEMENT
Terms & Conditions
AGREEMENT BETWEEN USER AND HYPOTENUSE
This website is offered to you, the user, conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. By accessing, using, or downloading materials from this web site, you agree to be bound by these terms and conditions. Your use of this website constitutes your agreement to all such terms, conditions, and notices. If you do not agree to the terms of this agreement, do not use this site. Hypotenuse reserves the right to change the terms, conditions, and notices under which this website is offered or the products or programs described in this website at any time without notice.
PERSONAL AND NON-COMMERCIAL USE LIMITATION
This website is for your personal and non-commercial use. Except as expressly provided herein, you may not use, download, upload, print, modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from this Website in whole or in part without the prior written permission of Hypotenuse. Your eligibility for access to all areas of the Website and for particular products and services offered at this Website is subject to final determination and acceptance by Hypotenuse.
ASSIGNMENT OF RIGHTS
All comments, feedback, information, or materials submitted to Hypotenuse through or in association with this web site shall be considered non-confidential and the property of Hypotenuse. In consideration of your use of this website, by submitting comments, feedback, information, or materials to Hypotenuse, you assign to Hypotenuse of all worldwide rights, title, and interest in copyrights and other intellectual property rights to the comments, feedback, information, or materials. Hypotenuse shall be free to use such comments, feedback, information, or materials on an unrestricted basis.
NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of this website, you warrant to Hypotenuse that you will not use this website for any purpose that is unlawful or prohibited by these terms and conditions.
LINKS TO THIRD PARTY SITES
This website may contain hyperlinks to websites operated by parties other than Hypotenuse. Such hyperlinks are provided for your reference only. Hypotenuse does not control such websites, and is not responsible for their contents. If you choose to link to a website not controlled by Hypotenuse, Hypotenuse makes no warranties, either express or implied, concerning the content link of such site, including the accuracy, completeness, reliability or suitability thereof for any particular purpose, nor does Hypotenuse warrant that any site or its content is free from any claims of copyright, trademark or other infringement of the rights of third parties or that such site or content is devoid of viruses or other contamination. Hypotenuse’s inclusion of hyperlinks to other websites does not imply any endorsement of the material on such websites or any association with their operators. Hypotenuse shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods, or services available on or through any such site or resource.
BECAUSE OF THE POSSIBILITY OF HUMAN AND MECHANICAL ERROR, AS WELL AS OTHER FACTORS, HYPOTENUSE IS NOT RESPONSIBLE FOR ANY ERRORS IN OR OMISSIONS FROM THE INFORMATION CONTAINED IN OR ACCESSED THROUGH THIS WEBSITE. HYPOTENUSE AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES CONTAINED ON THIS WEBSITE FOR ANY PURPOSE. ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. HYPOTENUSE AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS AND SERVICES, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND AVAILABILITY. HYPOTENUSE MAKES NO WARRANTY THAT THIS WEB SITE OR ITS SERVICES WILL MEET YOUR YOUR REQUIREMENTS OR THAT THIS WEB SITE OR ITS SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, NOR DOES HYPOTENUSE MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF ITS SERVICES. YOU UNDERSTAND AND AGREE THAT HYPOTENUSE DOES NOT GUARANTEE THE ACCURACY OR COMPLETENESS OF ANY INFORMATION IN OR PROVIDED IN CONNECTION WITH ITS INTERNET SERVICES. HYPOTENUSE IS NOT RESPONSIBLE FOR ANY ERRORS OR OMISSIONS OR FOR THE RESULTS OBTAINED FROM SUCH INFORMATION. HYPOTENUSE WILL NOT BE LIABLE FOR ANY DELAY, DIFFICULTY IN USE, INACCURACY OF INFORMATION, OR DEFECT IN THIS WEBSITE, OR FOR THE INCOMPATIBILITY BETWEEN THIS WEBSITE AND FILES AND THE USER’S BROWSER OR OTHER SITE ACCESSING PROGRAM, NOR WILL HYPOTENUSE BE LIABLE FOR ANY OTHER PROBLEMS EXPERIENCED BY THE USER DUE TO CAUSES BEYOND HYPOTENUSE’S REASONABLE CONTROL. HYPOTENUSE WILL NOT BE LIABLE FOR ANY HARM CAUSED BY THE TRANSMISSION, THROUGH ACCESSING THE SERVICES OR INFORMATION ON THIS SITE, OF A COMPUTER VIRUS, MALICIOUS CODE OR OTHER COMPUTER CODE OR PROGRAMMING DEVICE THAT MIGHT BE USED TO ACCESS, DELETE, DAMAGE, DISABLE, DISRUPT OR OTHERWISE IMPEDE IN ANY MANNER, THE OPERATION OF THE SITE OR OF ANY USER’S SOFTWARE, HARDWARE, DATA OR PROPERTY. IN NO EVENT SHALL HYPOTENUSE AND/OR ITS SUPPLIERS BE LIABLE TO THE USER AND/OR ANY THIRD PARTY ARISING IN ANY MANNER CONNECTED WITH THE USE OF THIS WEBSITE OR WITH THE DELAY OR INABILITY TO USE THIS WEBSITE, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES OBTAINED THROUGH THIS WEBSITE, OR OTHERWISE ARISING OUT OF THE USE OF THIS WEBSITE, OR RELIANCE ON ANY INFORMATION OR SERVICES PROVIDED AT THIS WEBSITE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF HYPOTENUSE OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. THE USE OF THIS WEB SITE IS AT YOUR OWN RISK. HYPOTENUSE WILL UNDER NO CIRCUMSTANCES BE LIABLE TO THE USER AND/OR ANY THIRD PARTY, REGARDLESS OF THE FORM OF ACTION, FOR ANY LOST PROFITS OR LOST OPPORTUNITY, OR ANY INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES WHATSOEVER, EVEN IF HYPOTENUSE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
Hypotenuse’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Hypotenuse’s right to comply with law enforcement requests or requirements relating to your use of this website or information provided to or gathered by Hypotenuse with respect to such use. If any part of this agreement 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 agreement shall continue in effect. This agreement constitutes the entire agreement between the user and Hypotenuse with respect to this website and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Hypotenuse with respect to this website. Any rights not expressly granted in this agreement are hereby reserved to Hypotenuse This agreement is governed by the laws of the State of New Jersey, USA. You hereby consent to the exclusive jurisdiction and venue of courts in New Jersey, USA in all disputes arising out of or relating to the use of this website. Use of this website is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Hypotenuse as a result of this agreement or use of this website.
COPYRIGHT AND TRADEMARK NOTICES:
SurveyUSA, Overnight Research®, Bullet·Poll®, Hypotenuse®, and Hypotenuse is America’s Pollster® are registered trademarks of Hypotenuse, Inc., 1425 Broad St Suite 7, Clifton, NJ 07013. SurveyUSA is America’s Pollster® is a trademark of Hypotenuse, Inc. Third party company, product, or service names referenced in this web site are used for identification purposes only and may be trademarks of their respective owners. All contents of this website are:
Copyright © 2007 Hypotenuse and/or its suppliers. All rights reserved.
This is the Web site of SurveyUSA.com. Our postal address is:
1425 Broad St Suite 7, Clifton, NJ 07013
Voice telephone: 973-857-8500.
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.