With your registered membership, you will receive special surveys, newsletters, reward incentives and offers sent from E-Poll. You may also receive special promotions that will be sent out by E-Poll on behalf of our marketing partners.
Security: The E-Poll Site has security measures in place to protect the loss, misuse, and alteration of the information under our control.
Update Membership Information/Cancellation policy: You can change/update the information you provide at registration or cancel your membership at any time by visiting the Your Profile section of the E-Poll Site. If you have any questions, you can email us at [email protected].
This overall privacy statement verifies that Bridge Entertainment, Inc./E-Poll: is a member of the BBBOnLine program and is in compliance with their privacy principles.
The Site may collect general information which cannot be used to identify you such as gender, age and ZIP Code in order to take a poll. No personally identifying information is collected unless you register to become a member (a "Member") in the E-Poll Rewards program.
If you are a Member, we may use your personal information to respond to your requests and send communications to you about promotions, updates, or special offers (which may be offered by the Company or one of its business partners) that may be of interest to you.
- Protection of rights. We may share personal information if we have a good faith belief that (i) access, use, preservation or disclosure of such information is reasonably necessary to satisfy any applicable law, regulation, legal process, such as a court order or subpoena, or a request by law enforcement or governmental authorities, (ii) such action is appropriate to enforce our Terms & Conditions, including any investigation of potential violations thereof, (iii) such action is necessary to detect, prevent, or otherwise address fraud, security or technical issues associated with the Site or your use of the Site, or (iv) such action is appropriate to protect the rights, property or safety of E-Poll, its employees, users of the Site or others.
- Asset transfers. If we become involved in a merger, acquisition or other transaction involving the sale of some or all of E-Poll's assets, user information, including personal information collected from you through your use of the Service, could be included in the transferred assets. Should such an event occur, we will use reasonable means to notify you through email and/or a prominent notice on the Site.
2. E-POLL MEMBERSHIP
In order to become a Member, the following information will be collected: contact information such as name, email address, and postal address. The Site also requests that you provide demographic data such as gender, income level, education, country, and occupation.
Questions regarding this statement should be directed to [email protected].
(A) Guests of the Site and Members grant E-Poll the right to use this information internally without restrictions for the purposes of, but not limited to, research, marketing, and content development.
(C) To the extent you are a Member, you agree that we may send you special surveys, newsletters, reward incentives and offers. You also agree that E-Poll may send you special promotions on behalf of our marketing partners.
You should be aware that when you voluntarily disclose personal information (e.g. name, email address, etc.) during these promotions or through newsgroups, such information can be collected and used by others and may result in unsolicited messages. (Refer to Section 6 for Disclaimer of Warranty - Limitation of Liability.)
(D) Children: E-Poll is a free site that is directed to, and intended for use by adults only to participate in our surveys and to get involved with the process of expressing your opinions. E-Poll does not knowingly collect personal information from children under the age of 13 and persons under the age of 13 may not access or use the Site. If we become aware that we have inadvertently received personally identifiable information from a person under the age of 13, we will delete such information from our records. E-Poll takes children's privacy seriously, and encourages parents to play an active role in their children's online experience at all times.
Cookies are also used and are necessary to track whether a user has participated in a particular poll in order to track points and to prevent ballot stuffing. You may still access the Site if you set your browser not to accept cookies, however, if the user chooses to set their browser to reject cookies, they will not be able to receive any points for taking polls and would not be eligible for prizes.
(F) Like most standard websites we use log files which means our servers automatically record information that your browser sends whenever you visit the Site. This information includes your Internet Protocol address, your browser type and version, the search engine you used to find the Site, if any, which aspects of the Site you use and from where, and when and how long you use them. We use this information to monitor and analyze how users use the Site, to provide customer service and to maintain and improve the Site. We may also collect similar information from emails we may send to you which then help us track which emails are opened and which links are clicked by recipients. The information allows for more accurate reporting and improvement of the Site.
(G) The Site has security measures in place to protect the loss, misuse and alteration of the information under our control, including:
- The data collected through the Site is backed up daily on-site and a copy is kept off-site
- A limited number of employees have access to the data for maintenance, research analysis, points program fulfillment, and other specific responsibilities. Each employee is aware of and must maintain full compliance with our access and data management policies.
- Employees must have password access and are not allowed to reveal or release any data not authorized by E-Poll.
- E-Poll reviews its security measures on a regular basis by utilizing the various technologies being developed and updating password access as necessary. (Refer to Section 6 on Limitations of Liability.)
(I) Changing your Personal Information: You can change any personal information at the following location on the E-Poll Site: Your Profile. You may also elect to cancel your membership at any time at that location.
(K) E-Poll Newsletters: If you have joined as a Member of E-Poll, we will notify you of special marketing surveys, new offerings on the Site, poll results, opportunities to earn extra points, and special offers from our partners through the E-Poll Newsletter. You may cancel at any time by visiting the Your Profile section and canceling your membership altogether or by emailing us at [email protected].
(L) Do Not Track: In compliance with California legislation, AB370, effective January 1, 2014, E-Poll's practices in responding to "do not track" signals and collecting user information over time and across a network of websites when you visit the Site are as follows: E-Poll does not collect user information about your online activities over time and across different websites and therefore does not respond to "do not track" signals.
Unless otherwise set forth in a written agreement between you and E-Poll, you must adhere to E-Poll's linking policy as follows: (i) the appearance, position and other aspects of the link may not be such as to damage or dilute the goodwill associated with E-Poll's and/or its licensors' names and trademarks; (ii) the appearance, position and other attributes of the link may not create the false appearance that your organization or entity is sponsored by, affiliated with, or associated with E-Poll; and (iii) when selected by a user, the link must display the E-Poll Site on full-screen and not within a "frame" on the linking site. E-Poll reserves the right to revoke its consent to the link at any time and in its sole discretion.
(N) Opt Out: In the event that we send communications to you via email and you no longer want to receive our emails or other announcements, you may opt-out by emailing us at [email protected] and indicating "unsubscribe" in the subject line. Please note that you cannot unsubscribe from certain correspondence from us that is necessary to administer your account, including messages relating to your account transactions.
You must agree to this ToU in order to use the Service. If you use the E-Poll Site, or click to accept or agree to this ToU if presented to you in a user interface for the Service, we will understand this as your acceptance of terms and conditions in this ToU and your agreement to all of its terms and conditions. By accepting this ToU or using the E-Poll Site, you represent and warrant that you have the legal capacity to enter a contract in the jurisdiction where you reside. If you do not accept this ToU, then you may not use the E-Poll Site. If you are using the E-Poll Site on behalf of your employer or another entity, you represent and warrant that you have full legal authority to bind your employer or such other entity to this ToU. If you do not have such authority, then you may not use the E-Poll Site on behalf of your employer and you must discontinue all use of the E-Poll Site immediately.
1. E-POLL SITE - GUEST/MEMBER AGREEMENT
This Agreement sets forth the terms and conditions which apply to your use of the E-Poll Site and any and all other products, services, polls, or surveys offered by E-Poll through the E-Poll Site or through other means. The right to use the E-Poll Site and any other product or service offered by E-Poll and/or Bridge is personal to you and is not transferable to any other person or entity.
(A) Certain Definitions. "Guest" means each person who visits the site and/or becomes a "Member". "Member" means each person who registers with E-Poll as a Member to use any of the products or services, or features thereof, of the Service for which registration is required or requested. This ToU will apply to both Members and Guests, hereafter collectively referred to as "Guest," unless otherwise noted.
(B) General. E-Poll shall have the right at any time to change or discontinue any aspect or feature of the Service, including, but not limited to, content, rewards program, hours of availability, registration requirements and equipment needed for access or use.
(C) Changed Terms. E-Poll shall have the right at any time to impose, change or modify its other terms and conditions applicable to use of the Service, or any part thereof, or to impose new terms and conditions. Such changes, modifications, additions or deletions shall be effective immediately upon notice thereof, which may be given by any reasonable means including, but not limited to, posting on the Service a revised version of this Agreement and notification by posting on its site and email. Any use of the Service by a Guest or Member after such notice (other than to terminate such Member's account) shall conclusively be deemed to constitute acceptance by such Guest or Member of such changes, modifications, additions or deletions. Each Guest or Member agrees to review the terms and conditions periodically to be aware of such revisions.
(D) Provision of the Service. You are responsible for any Internet connection and telecommunications fees and charges that you incur when accessing the Service. You acknowledge and agree that E-Poll may make changes to the E-Poll Site or Service at any time without notifying you in advance.
(E) Termination of Service. E-Poll reserves the right to deny service to any person or entity at E-Poll's sole and absolute discretion. You acknowledge and agree that E-Poll may stop providing the Service or restrict your use of the Service at any time, without notifying you in advance, for any reason or no reason, including, without limitation, for any violation of this ToU and/or if E-Poll suspects that you have used any aspect of the Service to conduct any fraudulent or illegal activity. If E-Poll disables your access to your account, you may be prevented from accessing the Service, your account details and/or any materials contained in your account.
Account Security. Maintaining account security is very important. You are solely responsible for maintaining the confidentiality of your account password. You agree to notify E-Poll immediately if you become aware of any unauthorized use of your password or of your account.
2. ACCOUNTS AND SECURITY
(A) Account. To access certain aspects of the Service, you must have an account. You can create an account by completing the registration process. You are required to provide information about yourself as part of the registration process or your continued use of the Service. You agree that any registration information that you submit to E-Poll will be correct, accurate and up to date.
(B) Account Security. Maintaining account security is very important. You are solely responsible for maintaining the confidentiality of your account password. You agree to notify E-Poll immediately if you become aware of any unauthorized use of your password or of your account.
(C) Cancellation by You. You have the right to cancel your account at any time. You may cancel your account by notifying E-Poll by email at [email protected].
(D) Termination by E-Poll. E-Poll may at any time terminate your account if:
- ii. E-Poll determines it is required by law to terminate your account; or
- iii. E-Poll decides to stop providing the Service or critical portions of the Service in the country where you reside, or E-Poll determines that it is no longer in its business interests to continue providing the Service or critical portions of the Service.
(E) Effect of Account Termination. If you voluntarily terminate your account or allow your account to lapse, you will be able to reactivate that account at any time through the account interface on the E-Poll Site. Accounts terminated by E-Poll for any type of abuse including, without limitation, a violation of this ToU, may not be reactivated for any reason. In the event of termination by either party, all points accumulated and not redeemed as of the time of termination will be forfeited.
3. GUEST CONDUCT
The Service shall be used for lawful purposes only. No material shall be posted on, transmitted or reproduced by Guests or Members which violates or infringes in any way upon the rights of others, which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane, indecent or otherwise objectionable, which encourages conduct that would constitute a criminal offense, gives rise to civil liability or otherwise violates any law. No conduct shall be undertaken that, in E-Poll's judgment, restricts or inhibits any other user from using or enjoying the Service. Advertising or commercial solicitation may not be posted on or transmitted through the Service by Guests.
4. RESTRICTIONS AND CONDITIONS OF USE
(A) Use of the Site. E-Poll permits you to view and use a single copy of the E-Poll Site solely for your personal, non-commercial use. You agree not to license, create derivative works from, transfer, sell or re-sell any information, content, materials, data or services obtained from the E-Poll Site or through the Service.
(B) Accessing the Service. You agree not to access, or attempt to access, the Service by any means other than through the user interface provided through the E-Poll Site. You specifically agree not to access, or attempt to access, the Service through any automated means (including, without limitation, through the use of scripts, bots, spiders or web crawlers) and you agree to comply with the instructions contained in any robots.txt file present on the E-Poll Site or the Service.
(C) No Violation of Laws. You agree that you will not, in connection with your use of the E-Poll Site or the Service, violate any applicable law, ordinance, rule, regulation or treaty. Without limiting the foregoing, you agree that you will not make available through the E-Poll Site and/or the Service any material or information that infringes any copyright, trademark, patent, trade secret, or other right of any party (including rights of privacy or publicity).
(D) Use Restrictions. You may not connect to or use the Service in any way that is not expressly permitted by this ToU.
- i. You may not: (a) remove any proprietary notices from the Service; (b) cause, permit or authorize the modification, creation of derivative works, translation, reverse engineering, decompiling, disassembling or hacking of the Service; (c) sell, assign, rent, lease, act as a service bureau, or grant rights in the Service, including, without limitation, through sublicense, to any other person or entity without the prior written consent of E-Poll; or (d) make any false, misleading or deceptive statement or representation regarding E-Poll or the Service.
- ii. Without limiting the foregoing, you agree that you will not: (i) institute, assist, or become involved in any type of attack including, without limitation, denial of service attacks, upon the Service (or any servers, systems or networks connected to the Service) or otherwise attempt to obstruct, disrupt or interfere with the operation of the Service or any other person's or entity's use of the Service (or any servers, systems or networks connected to the Service); (ii) attempt to gain unauthorized access to the Service, accounts registered to other users, or any servers, systems or networks connected to the Service; (iii) use the Service for any commercial purpose or the benefit of any third party, or charge any person or entity, or receive any compensation for, the use of the Service, unless you are specifically authorized to do so in a separate written agreement with E-Poll; (iv) use any virtual private networks (VPNs), proxies and other anonymizer services to access the Site or the Service; (v) use the Service to (y) develop, generate, transmit or store information that is defamatory, harmful, abusive, obscene or hateful; or (z) perform any unsolicited commercial communication not permitted by applicable law; or (vi) engage in any activity that (A) constitutes harassment or a violation of privacy or threatens other people or groups of people; (B) is harmful to children in any manner; (C) constitutes phishing, pharming or impersonates any other person or entity, or steals or assumes any person's identity (whether a real identity or online nickname or alias); or (D) violates any applicable law, ordinance, rule, regulation or treaty.
(E) No Data Mining or Harmful Code. You agree that you will not (a) obtain or attempt to obtain any information from the Service including, without limitation, email addresses or phone numbers of other account holders or other software data; (b) intercept, examine or otherwise observe any proprietary communications protocol used by the Service, whether through the use of a network analyzer, packet sniffer or other device; or (c) use any type of bot, spider, virus, clock, timer, counter, worm, software lock, drop dead device, Trojan horse routing, trap door, time bomb or any other codes, instructions or third party software that is designed to provide a means of surreptitious or unauthorized access to, or distort, delete, damage or disassemble, the Service.
5. INTELLECTUAL PROPERTY
(A) Trademarks. The E-Poll name and logo are trademarks and service marks of E-Poll. Unless permitted in a separate written agreement with E-Poll, you do not have the right to use any of E-Poll's trademarks, service marks or logos and your unauthorized use of any of these may be a violation of federal and state trademark laws.
(B) Ownership. You acknowledge and agree that E-Poll, or its licensors, owns all right, title and interest in and to the E-Poll Site and the Service, including all intellectual property, industrial property and proprietary rights including, but not limited to, text, software, photos, video, graphics, music and sound, and the entire content of the Service is copyrighted as a collective work under the United States copyright laws. E-Poll owns the copyright to the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. Each third party content provider owns the copyright for content original to it. No Guest or Member may modify, publish, transmit, participate in the transfer or sale, create derivative works, reveal or display publicly or in any way exploit, any of the content of the Service, in whole or in part, without the express written permission of E-Poll. Except as otherwise expressly permitted under copyright law, no copying, redistribution, publication or commercial exploitation of downloaded material from the Service will be permitted without the express-written permission of E-Poll and any other copyright owner. In the event of any permitted copying, redistribution or publication of copyrighted material, no changes in or deletion of author attribution, trademark, legend or copyright notice shall be made. Each Guest acknowledges that he or she does not acquire any ownership rights by downloading copyrighted material.
6. SUBMITTED CONTENT
(A) No material protected by copyright, trademark or other proprietary right shall be uploaded, posted or otherwise made available by any Guest or Member, either on the Service or through the use of any other means, without the express permission of the owner of the copyright, trademark or other proprietary right and the burden of determining that any material is not protected by copyright rests with such Guest or Member. Each Guest or Member shall be solely liable for any damages resulting from any infringement of copyrights, proprietary rights, or any other harm resulting from any uploading, posting or submission.
(B) Each Guest or Member hereby grants to E-Poll, it's successors, assigns and licensees, an irrevocable, royalty-free license to use, reproduce, modify, adapt, publish, translate, perform, create derivative works from, and display any message or other content of any nature whatsoever, in whole or in part, submitted by such Guest or Member in the course of, or arising out of, such Guest's or Member's participation in the Service, and to incorporate such content in other works in any form, media or technology now known or hereinafter developed.
(C) There is only one membership account allowed per Member. No Member may select or use a Member name or email address of another person with the intent to impersonate that person; use a Member name or email address subject to the rights of any person other than such Member without authorization; use a Member name in violation of the intellectual property rights of any person; use a Member name of any other person or use an "alias" to accumulate points; or use a Member name that E-Poll, in its sole discretion, deems offensive.
(D) There is only one membership allowed per household. No additional memberships will be granted at the same residence address regardless of relationship. This includes roommates, renters, spouses, and all children 13 and older.
(E) The foregoing provisions of this Section 6 are for the benefit of E-Poll, its affiliates, and third party content providers and licensors, if any, and each shall have the right to assert and enforce such provisions directly on its own behalf.
7. THIRD PARTY CONTENT
The Service contains content supplied by parties other than E-Poll. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by such third parties, including information providers, Guests or Members, are those of the respective author(s) or distributor(s) and not of E-Poll. Neither E-Poll nor any third party provider of information guarantees the accuracy, completeness, or usefulness of any content, nor its merchantability or fitness for any particular purpose. (Refer to Sections 12 and 13 below for the complete provisions governing limitation of liabilities and disclaimers of warranty.) In many instances, the content available through the Service represents the opinions and judgments of the respective information provider, Guest or Member, and not of E-Poll.
(A) Links from E-Poll Site. The E-Poll Site may contain links to websites operated by other parties. E-Poll provides these links to other websites as a convenience and use of these websites is at your own risk. The linked websites are not under the control of E-Poll and E-Poll is not responsible for the content available on the other websites. Such links do not imply E-Poll's endorsement of information or material on any other website and E-Poll disclaims all liability with regard to your access to and use of such linked websites.
(B) Links to the Site. Unless otherwise set forth in a written agreement between you and E-Poll, you must adhere to E-Poll's linking policy as follows: (i) the appearance, position and other aspects of the link may not be such as to damage or dilute the goodwill associated with E-Poll's and/or its licensors' names and trademarks; (ii) the appearance, position and other attributes of the link may not create the false appearance that your organization or entity is sponsored by, affiliated with, or associated with E-Poll; and (iii) when selected by a user, the link must display the E-Poll Site on full-screen and not within a "frame" on the linking site. E-Poll reserves the right to revoke its consent to the link at any time and in its sole discretion.
The E-Poll Site and Service are operated by E-Poll in the United States. If you choose to access the E-Poll Site and/or the Service from a location outside of the United States, you do so on your own initiative and you are responsible for compliance with applicable local laws.
The Site and the Service are not directed toward individuals under 13 years of age nor does E-Poll knowingly collect information from children under 13 or allow them to create an account or access account features. If you are under 13, please do not submit any personal information about yourself to E-Poll.
12. DISCLAIMER OF WARRANTY
YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK AND THAT THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, E-POLL EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS INCLUDING, WITHOUT LIMITATION, WARRANTIES AND CONDITIONS OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND THOSE ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.
E-POLL MAKES NO WARRANTY AS TO THE ACCURACY, COMPLETENESS OR RELIABILITY OF ANY MATERIALS, INFORMATION OR DATA AVAILABLE THROUGH, OR THE PERFORMANCE OF, THE SERVICE.
E-POLL DOES NOT REPRESENT OR WARRANT THAT (a) YOU WILL BE ABLE TO ACCESS OR USE THE SERVICE AT THE TIMES OR LOCATIONS OF YOUR CHOOSING; (b) THAT OPERATION OF THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (c) YOUR USE OF THE SERVICE WILL MEET YOUR REQUIREMENTS; (d) DEFECTS IN THE OPERATION OF THE SERVICE WILL BE CORRECTED; OR (e) THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
YOU ACKNOWLEDGE AND AGREE THAT ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS AT YOUR OWN RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER, MOBILE PHONE OR OTHER DEIVCE OR ANY LOSS OF DATA RESULTING FROM DOWNLOADING OR OBTAINING SUCH MATERIAL.
E-POLL NEITHER ENDORSES NOR IS RESPONSIBLE FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE OR STATEMENT ON THE ONLINE SERVICE, NOR FOR ANY OFFENSIVE, DEFAMATORY OR OBSCENE POSTING MADE ON THE SERVICE BY ANYONE. UNDER NO CIRCUMSTANCES WILL E-POLL BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A GUEST'S RELIANCE ON INFORMATION OBTAINED THROUGH THE CONTENT AND/OR ANY POSTINGS ON THE SERVICE. IT IS THE RESPONSIBILITY OF EACH GUEST TO EVALUATE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION, OPINION, ADVICE OR OTHER CONTENT AVAILABLE THROUGH THE SERVICE.
E-POLL DOES NOT ENDORSE, WARRANT OR GUARANTEE ANY PRODUCT OR SERVICE OFFERED BY A THIRD PARTY THROUGH THE SERVICE AND WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN ANY GUEST AND THIRD PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF, OR RECEIPT THROUGH AWARD REDEMPTION, A PRODUCT OF SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, EACH GUEST SHOULD USE HIS OR HER BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
Because some states or jurisdictions do not allow the disclaimer of implied warranties, the foregoing disclaimers may not apply to you.
LIMITATION OF LIABILITY; SOLE AND EXCLUSIVE REMEDY.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, E-POLL, AND ITS AFFILIATES, LICENSORS AND BUSINESS PARTNERS (COLLECTIVELY, THE "RELATED PARTIES"), SHALL NOT BE LIABLE TO YOU, UNDER ANY CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY, FOR:
- ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES, INCLUDING LOSS OF PROFITS, USE, DATA OR GOODWILL, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ACCESS TO OR USE OF THE E-POLL SITE AND/OR THE SERVICE, EVEN IF E-POLL AND/OR THE RELATED PARTIES HAVE BEEN ADVISED OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES OR DAMAGES;
- THE COST OF PROCUREMENT OF SUBSTITUTE GOODS, SERVICES OR TECHNOLOGY; OR
- THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE ANY MATERIALS, INFORMATION OR DATA MAINTAINED BY OR THROUGH YOUR USE OF THE E-POLL SITE OR THE SERVICE.
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, the liability of E-Poll and the Related Parties shall be limited to the fullest extent permitted by law.
E-Poll shall have the right, but not the obligation, to monitor the content of the Service to determine compliance with this Agreement and any other operating rules established by E-Poll. E-Poll shall have the right in its sole discretion to edit, refuse to post or remove any material submitted to or posted on the Service. Without limiting the foregoing, E-Poll shall have the right to remove any material that E-Poll, in its sole discretion, finds to be in violation of the provisions hereof, otherwise objectionable or stale. Notwithstanding this right of E-Poll, Guests and Members shall remain solely responsible for the content of their messages. Each Guest and Member acknowledges and agrees that neither E-Poll nor any third party content provider shall assume or have any liability for any action or inaction by E-Poll or any third party content provider with respect to any conduct, communication or posting on the Service.
You agree to indemnify, defend and hold E-Poll and the Related Parties harmless from any and all claims, demands, damages or other losses including, without limitation, reasonable attorneys' fees, resulting from or arising out of (i) your use of the E-Poll Site and/or Service or (ii) your breach of this ToU or any other policies that E-Poll may issue for the E-Poll Site and/or Service from time to time. In all cases, E-Poll shall be entitled to a defense using counsel of its choosing, and at the sole expense of such Guest.
16. COPYRIGHT AGENT
E-Poll respects the intellectual property rights of others, and requires that the people who use the Service do the same. E-Poll maintains a policy of terminating users of the Service who engage in repeated infringing conduct. If you believe that your work has been copied in a way that constitutes copyright infringement, please forward the following information to the Copyright Agent, designated as such pursuant to the Digital Millennium Copyright Act, 17 U.S.C. § 512(c)(2), named below:
- Your address, telephone number, and email address;
- A description of the copyrighted work that you claim has been infringed;
- A description of where the alleged infringing material is located;
- A statement by you that you have a good faith belief that the disputed use is not authorized by you, the copyright owner, its agent, or the law;
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; and
- A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
Each Guest or Member shall be responsible for obtaining and maintaining all computer hardware and other equipment needed for access to and use of the E-Poll Site or Service, and Guests or Members, as applicable, shall be responsible for all charges related thereto.
18. GOVERNING LAW; JURISDICTION
This ToU is governed by California law, without regard to conflict of laws principles. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. You and E-Poll agree that, except as otherwise provided in Section 19 below, the state and federal courts located in the County of Los Angeles, California will have exclusive jurisdiction of all disputes arising out of or related to this ToU or your use of the Service and agree to submit to the personal jurisdiction and venue of these courts. Notwithstanding the foregoing, E-Poll shall be allowed to apply for equitable remedies (including injunctions) in any jurisdiction.
19. BINDING ARBITRATION
(A) . You and E-Poll agree that, except as provided in Section 19(D) below, all disputes, controversies and claims related to this ToU (each a "Claim"), shall be finally and exclusively resolved by binding arbitration, which may be initiated by either party by sending a written notice requesting arbitration to the other party. Any election to arbitrate by one party shall be final and binding on the other. The arbitration will be conducted under the Streamlined Arbitration Rules and Procedures of JAMS that are in effect at the time the arbitration is initiated (the "JAMS Rules") and under the terms set forth in this ToU. In the event of a conflict between the terms set forth in this Section 19 and the JAMS Rules, the terms in this Section 19 will control and prevail.
Except as otherwise set forth in Section 19(D), you may seek any remedies available to you under federal, state or local laws in an arbitration action. As part of the arbitration, both you and E-Poll will have the opportunity for discovery of non-privileged information that is relevant to the Claim. The arbitrator will provide a written statement of the arbitrator's decision regarding the Claim, the award given and the arbitrator's findings and conclusions on which the arbitrator's decision is based. The determination of whether a Claim is subject to arbitration shall be governed by the Federal Arbitration Act and determined by a court rather than an arbitrator. Except as otherwise provided in this ToU, (a) you and E-Poll may litigate in court to compel arbitration, stay proceedings pending arbitration, or confirm, modify, vacate or enter judgment on the award entered by the arbitrator; and (b) the arbitrator's decision shall be final, binding on all parties and enforceable in any court that has jurisdiction, provided that any award may be challenged if the arbitrator fails to follow applicable law.
BY AGREEING TO THIS ARBITRATION PROVISION, YOU UNDERSTAND THAT YOU AND E-POLL WAIVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL.
(B) . The arbitration will take place in Los Angeles, California, unless the parties agree to video, phone or internet connection appearances.
(C) . You and E-Poll agree that any arbitration shall be limited to the Claim between E-Poll and you individually. YOU AND E-POLL AGREE THAT (a) THERE IS NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE ARBITRATED ON A CLASS-ACTION BASIS OR TO UTILIZE CLASS ACTION PROCEDURES; (b) THERE IS NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE BROUGHT IN A PURPORTED REPRESENTATIVE CAPACITY OR AS A PRIVATE ATTORNEY GENERAL; AND (c) NO ARBITRATION SHALL BE JOINED WITH ANY OTHER ARBITRATION.
(D) . You and E-Poll agree that the following Claims are not subject to the above provisions concerning negotiations and binding arbitration: (a) any Claim seeking to enforce or protect, or concerning the validity of, any of your or E-Poll's intellectual property rights; (b) any Claim related to, or arising from, allegations of theft, piracy, invasion of privacy or unauthorized use; and (c) any claim for equitable relief. In addition to the foregoing, either party may assert an individual action in small claims court for Claims that are within the scope of such court's jurisdiction in lieu of arbitration.
(E) . If you initiate arbitration for a Claim, you will need to pay the JAMS arbitration initiation fee. If we are initiating arbitration for a Claim, we will pay all costs charged by JAMS for initiating the arbitration. All other fees and costs of the arbitration will be charged pursuant to the JAMS Rules.
(F) . You and E-Poll agree that if any portion of this Section 19 is found illegal or unenforceable (except any portion of Section 1(D)), that portion shall be severed and the remainder of the section shall be given full force and effect. If Section 19(D) is found to be illegal or unenforceable then neither you nor Starship will elect to arbitrate any Claim falling within that portion of Section 19(D) found to be illegal or unenforceable and such Claim shall be exclusively decided by a court of competent jurisdiction within the County of Los Angeles, California, United States of America, and you and Starship agree to submit to the personal jurisdiction of that court.
(A) ToU Revisions. This ToU may only be revised in a writing signed by E-Poll, or published by E-Poll on the Service.
(B) No Partnership. You agree that no joint venture, partnership, employment, or agency relationship exists between you and E-Poll as a result of this ToU or your use of the Service.
(C) Assignment. E-Poll may assign its rights under this ToU to any person or entity without your consent. The rights granted to you under this ToU may not be assigned without E-Poll's prior written consent, and any attempted unauthorized assignment by you shall be null and void.
(D) Severability. If any part of this ToU is determined to be invalid or unenforceable, then that portion shall be severed, and the remainder of the ToU shall be given full force and effect.
(E) Attorneys' Fees. In the event any litigation or arbitration is brought by either party in connection with this ToU, the prevailing party shall be entitled to recover from the other party all the reasonable costs, attorneys' fees and other expenses incurred by such prevailing party in the litigation.
(F) No Waiver. Our failure to enforce any provision of this ToU shall in no way be construed to be a present or future waiver of such provision, nor in any way affect our right to enforce the same provision at a later time. An express waiver by E-Poll of any provision, condition or requirement of this ToU shall not be understood as a waiver of your obligation to comply with the same provision, condition or requirement at a later time.
(G) Notices. All notices given by you or required under this ToU shall be in writing and addressed to:
- 16133 Ventura Blvd
- Ste 905
- Encino, CA
- ATTN: Panel Administrator.
(H) Export Administration. You must comply with all export laws and regulations of the United States or any other country ("Export Controls") and you shall not export, direct or transfer any portion of the Service, or any direct product thereof, to any destination, person or entity restricted or prohibited by the Export Controls.
(I) Equitable Remedies. You acknowledge and agree that E-Poll would be irreparably damaged if the terms of this ToU were not specifically enforced, and therefore you agree that we shall be entitled, without bond, other security, or proof of damages, to appropriate equitable remedies with respect to breaches of this ToU, in addition to such other remedies as we may otherwise have available to us under applicable laws.
(J) Entire Agreement. This ToU, including the documents referenced in this ToU, constitutes the entire agreement between you and E-Poll with respect to the Service and supersedes any and all prior agreements between you and E-Poll relating to the Service.
Last Updated: October 23, 2017