ANY PERSON OR ENTITY ACCESSING THE CLICKSURVEY WEB SITE OR ANY OF THE INFORMATION CONTAINED HEREIN ("User") AGREES TO AND IS BOUND BY THE FOLLOWING TERMS AND CONDITIONS OF THIS CLICKSURVEY WEB SITE USER AGREEMENT ("Agreement"):

1. The owner of the ClickSurvey web site provides the content, information, software, and services "AS-IS", with no warranty express or implied, including warranties of fitness for a particular purpose or warranties of merchantability.

2. User agrees that its use of the ClickSurvey web site and any information obtained therefrom is at the sole risk of User. User hereby waives all claims against the owners of ClickSurvey, their affiliates, officers, directors, employees, agents, and representatives ("ClickSurvey"), and any of ClickSurvey's suppliers or programmers. User agrees to hold harmless, defend, and indemnify ClickSurvey for all damages that may be incurred by ClickSurvey, including attorney's fees, related to User's use of ClickSurvey's web site or User's use of any information obtained through User's use of ClickSurvey's web site.

3. ClickSurvey makes no representations about any Web Site not under ClickSurvey's control that a User may access from ClickSurvey's web site-- by link, frame, or any other means ("Linked Site"). Any link, frame, or any other means to access any Linked Site provided by ClickSurvey or otherwise on ClickSurvey's web site does not constitute ClickSurvey's endorsement, recommendation, or acceptance of any responsibility for the content of that Linked Site or the operators of that Linked Site.

4. ClickSurvey agrees to treat User's information in accordance with ClickSurvey's Privacy Policy unless provided otherwise in this Agreement.

5. User agrees not to attempt to damage, deny service to, hack, crack, reverse-engineer, or otherwise interfere (collectively, "Interfere") with ClickSurvey's web site in any manner. If User in any way Interferes with ClickSurvey's web site, User agrees to pay all damages incurred by ClickSurvey, including any consequential damages, and agrees that the measure of hard to determine damages will be the highest estimate of damages as provided by ClickSurvey. User's Interference with ClickSurvey's web site relieves ClickSurvey of any of its contractual or other legal obligations to User, including ClickSurvey's obligations under its Privacy Policy. ClickSurvey will cooperate with the authorities in prosecuting any User who Interferes with ClickSurvey's web site, attempts to defraud ClickSurvey, or attempts to defraud credit card companies or any other parties through User's use of ClickSurvey's web site or services.

6. ClickSurvey reserves the right to refuse any or all service to any User for any reason, at any time, at ClickSurvey's sole discretion. User agrees that ClickSurvey may block its IP address or addresses at any time, and at ClickSurvey's sole discretion, thereby disallowing User's continued use of ClickSurvey's web site.

7. USER AGREES NOT TO CIRCUMVENT ClickSurvey's PRIVACY OR SECURITY MEASURES FOR SURVEY TAKERS. If User tries to violate the responders' privacy, User agrees to hold harmless, defend, and indemnify ClickSurvey for any liability to other Users or third parties, including all attorney's fees incurred by ClickSurvey as a result of User's actions. This agreement by User to defend, indemnify, and hold harmless ClickSurvey is in addition to any other legal rights or remedies ClickSurvey may have under any other part of this Agreement or under the law.

8. User agrees not to use excessive resources, as determined by ClickSurvey, and ClickSurvey, in its sole discretion, may take any measures ClickSurvey deems appropriate, at any time, with or without notice, in response to "excessive" resource use by User. User agrees that ClickSurvey shall not be liable to User for any actions ClickSurvey takes to ameliorate excessive use by any User.

9. The User Agreement, Privacy Policy, and other terms of service may be changed without notice by ClickSurvey, and use of ClickSurvey's website or services constitutes agreement with and acceptance of any such changes.

10. Service Renewal: If user purchases a monthly service, user gives express permission to charge the credit card on a monthly basis. User may cancel at any time and the service will continue through the end of the existing paid time frame. Six month and annual packages are not automatically renewed. ClickSurvey will contact the customer towards the end of an annual or semi-annual package to determine if the customer would like to renew.

11. User agrees that ClickSurvey's liability to User under this Agreement shall be limited to the amount User has paid ClickSurvey for its services.

12. Refunds: ClickSurvey does not warrant the success of any surveying effort. ClickSurvey will NOT offer refunds, unless ClickSurvey decides to in its sole discretion, and where the following conditions have been met: where a User signed up and purchased the service in error AND there are no more than 50 responses for the account, ClickSurvey may in its sole discretion decide to provide a refund of the price paid for the service (this refund is a matter of courtesy and customer satisfaction, but ClickSurvey is not contractually obligated to provide any refund under this Agreement).

13. If any part, term, or provision of this Agreement shall be held by a court of competent jurisdiction to be illegal, unenforceable, or in conflict with any law of a federal, state, or local government having jurisdiction over this Agreement, the remaining portions or provisions shall still remain valid and continue in full force and effect.

14. This Agreement shall be governed and construed in accordance with the laws of the State of California, without resort to any jurisdiction's conflict of laws, rules or doctrines. Any claim, action, suit, or proceeding (collectively, "Claim") between ClickSurvey and the User that arises from or relates to this Agreement shall be brought and conducted solely and exclusively with a Court of competent jurisdiction in the State of California. Provided, however, if the Claim must be brought in a federal forum, then it shall be brought and conducted solely and exclusively within the United States District Court for the State of California. User hereby consents to the in personam (personal) jurisdiction of said courts.

15. ClickSurvey reserves the right to take any or all action it may deem appropriate in its sole discretion with respect to violations or enforcement of the terms of this Agreement, and expressly reserves all rights and remedies available to ClickSurvey at law or in equity.

16. All images, text, programs, and other materials found on ClickSurvey's website are protected by U.S. and international copyright laws and other laws. Any commercial use of the images, text, programs, or other materials found on ClickSurvey's web site is strictly prohibited without the express written consent of ClickSurvey.

17. The service marks "ClickSurvey" and any other names, logos, marks, and taglines identifying ClickSurvey's products and services are proprietary marks of ClickSurvey and its affiliates. All other trademarks and service marks are the property of their respective owners.

18. User agrees not to falsify or misrepresent any information provided to ClickSurvey. User further agrees that any information submitted to ClickSurvey by User becomes the property of ClickSurvey, and User hereby expressly grants ClickSurvey the authority and right to use any information submitted in accordance with ClickSurvey's corporate policies. For purposes of this Agreement, "information submitted to ClickSurvey" shall not include information in surveys hosted by ClickSurvey on behalf of its customers or responses to such surveys.

19. User represents and warrants that User has ownership or other authority to post any sound, image, text, or other material it posts on ClickSurvey's website. Any images, text, or other materials provided by a User and hosted on ClickSurvey's web site remain the property of the owner of such materials. Such materials are "posted" if they are incorporated as part of a survey hosted by ClickSurvey on behalf of its customers or responses to such surveys. User agrees that ClickSurvey is not responsible for any material posted on its website by User and that ClickSurvey assumes no liability for User's posted materials. User agrees to defend, indemnify, and hold harmless ClickSurvey from any liability related to material User posts on ClickSurvey's website.

20. The term "survey owner," when used in the instructional documentation to ClickSurvey's website and services, is a term of art intended to specify a customer of ClickSurvey who has immediate control over a particular survey. The use of the term "survey owner" in such contexts does not imply or create any condition of ownership of computer resources or intellectual property. User's interest in any survey arises solely from User's ongoing relationship as customer with ClickSurvey, and ends when such relationship ends. Any interest User has in a survey does not extend to any resources, program code, technical knowledge, or any intellectual or other property provided by ClickSurvey in the creation, hosting, or tabulation of that survey.

21. ClickSurvey is intended for survey creators and respondents of the age of majority. ClickSurvey may not be used by, or to collect information from, minor children, according to laws in the minor's locality, without parental permission. User shall in no case use ClickSurvey to collect information from children under age 13 without parental permission. User agrees to defend, indemnify, and hold harmless ClickSurvey from any liability related to use of ClickSurvey's website and services in a manner inconsistent with this Agreement.

22. All of ClickSurvey's rights and remedies under this Agreement are cumulative and in addition to any other rights or remedies under this Agreement or under the law.

23. This Agreement constitutes the entire agreement between the parties on the subject matter hereof. There are no understandings, agreements, or representations, oral or written, not specified herein regarding this Agreement. No modification of this Agreement shall be effective unless in writing and signed by authorized parties for both ClickSurvey and User.