1.2 You are granted a nonexclusive, nontransferable, limited license
to access and use the Online Services and Materials from time to time made available to you. This license includes:
(a) The right to electronically display Materials
retrieved from the Online Services to no more than one person at a time;
(b) The right to obtain a printout of Materials via printing commands of the Online Services and to create a single
printout of Materials downloaded via downloading commands of the Online Services (collectively,
1.3 Except as
specifically provided herein, you are prohibited from downloading, storing, reproducing, transmitting, displaying,
copying, distributing, or using Materials retrieved from the Online Services. You may not print or download
Materials without using the printing or downloading commands of the Online Services.
1.4 All right, title, and interest (including all copyrights and other
intellectual property rights) in the Online Services and Materials (in both print and machine-readable forms) belong to
the Site. You acquire no proprietary interest in the Online Services, Materials, or copies thereof.
1.5 Except as specifically provided herein, you may not use the Online Services or Materials retrieved from the Online Services in any fashion that infringes the copyrights or proprietary interests therein.
1.6 You may not remove or obscure the copyright notice or other notices contained in Materials retrieved from the Online Services.
2. ACCESS TO SERVICES
2.1 Only purchasers of the Materials may access and use the Online Services.
2.2 You may not use an identification number to access the Online Services from outside the country for which it was issued.
2.3 You may be restricted from accessing certain Materials otherwise available in the Online Services.
2.4 Materials and features may be added to or withdrawn from the Online Services and the Online Services may otherwise change without notice.
3. LIMITED WARRANTY
3.1 The Site represents and warrants that it has the right and authority to make the Online Services and Materials available pursuant to these Terms and Conditions.
3.2 The Site and its affiliates, agents, successors, or assigns, make no representations or warranties, express or implied, as to the accuracy, earnings claims, content, and advertising materials on their web sites. In the event that any advertisement is inaccurate, your sole remedy is for the Site to remedy such inaccuracy within fifteen (15) working days of you notifying the Site of the inaccuracy. You understand and agree that the online content and advertising copy therein solely represents hypothetical examples and does not in any way guaranty income, revenue, or performance of the Online Services and Materials and does not in any way represent explicit or implicit earnings claims for the user.
3.3 The content, claims, and representations of
independent third-party testimonials from users of the Online Services and Materials is not subject to
the Site's prior approval and no representation or warranty is given by
the Site to the accuracy of such testimonials.
The Site does not undertake to review the contents of any testimonials and any such review of, and approval by,
the Site shall not be deemed to constitute an acceptance by
the Site that such testimonial is provided in accordance with the terms of the
Terms and Conditions, nor shall it constitute a waiver of the Site's rights hereunder. You understand and
agree that the online content, claims, and representations of such third party testimonials do not in any way guaranty
income, revenue, or performance of the Online Services and Materials and does not in any way represent explicit or
implicit earnings claims by the Site for the user.
3.4 EXCEPT AS OTHERWISE PROVIDED IN THIS SECTION 3, THE ONLINE SERVICES AND MATERIALS ARE PROVIDED ON
AN "AS IS", "AS AVAILABLE" BASIS AND THE PROVIDER OF THE ONLINE SERVICES AND EACH THIRD
PARTY SUPPLIER OF MATERIALS EXPRESSLY DISCLAIM TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, AND
STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS.
4. LIMITATION OF LIABILITY
4.1 A Covered Party (as defined below) shall not be liable for any loss, injury, claim, liability, or damage of any kind resulting in any way from (a) any errors in or omissions from the Online Services or any Materials available or not included therein, (b) the unavailability or interruption of the Online Services or any features thereof or any Materials, (c) your use of the Online Services or Materials (regardless of whether you received any assistance from a Covered Party in using the Online Services), (d) your use of any equipment or software in connection with the Online Services, (e) the content of Materials, or (f) any delay or failure in performance beyond the reasonable control of a Covered Party.
4.2 "Covered Party" means the Site, its affiliates, employees, subcontractors, agents, successors, or assigns.
4.3 THE AGGREGATE LIABILITY OF THE COVERED PARTIES IN CONNECTION WITH ANY OTHER CLAIM ARISING OUT OF OR RELATING TO THE ONLINE SERVICES OR MATERIALS SHALL NOT EXCEED THE AMOUNT OF YOUR ACTUAL DIRECT DAMAGES. YOUR RIGHT TO MONETARY DAMAGES IN THAT AMOUNT SHALL BE IN LIEU OF ALL OTHER REMEDIES WHICH YOU MAY HAVE AGAINST ANY COVERED PARTY.
4.4 THE COVERED PARTIES SHALL NOT BE LIABLE FOR ANY SPECIAL,
INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER (INCLUDING, WITHOUT LIMITATION, ATTORNEYS'
FEES) IN ANY WAY DUE TO, RESULTING FROM, OR ARISING IN CONNECTION WITH THE ONLINE SERVICES, MATERIALS, OR THE FAILURE
OF ANY COVERED PARTY TO PERFORM ITS OBLIGATIONS, REGARDLESS OF ANY NEGLIGENCE OF ANY COVERED PARTY.
SUCH LIMITATIONS SHALL APPLY NOTWITHSTANDING A FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST
EXTENT PERMITTED BY LAW.
5. REWARD POINTS
The reward points are earned by participation in surveys and offers. Reward points have no monetary value and cannot be redeemed for cash; Reward points may not be auctioned, traded, bartered or sold and is not transferrable upon death, by gift, as part of a domestic relations matter, or in any other way.
If your account should go to inactive status (120 days with no logins), SurveyMoneyMachines will consider the account abandoned and it will be closed. SurveyMoneyMachines will send email reminders at 60, 90 & 113 days reminding you that if you fail to login your account will be closed. After account closure, all points in the account will be forfeited and the balance zeroed. If you reopen this account the point balance that was previously accrued will not be credited back.
7.1 The Site reserves the right to modify these Terms and Conditions from time to time in its sole discretion, without notice or liability to you. You agree to be bound by these Terms and Conditions, as modified. Please review the most current version of the Terms and Conditions from time to time, so that you will be apprised of any changes.
7.2 Charges and payment terms may be changed in accordance with the applicable price schedule; all other provisions may be changed by the Site immediately. Your access to the Online Services may be terminated immediately upon notice to the provider of the Online Services if any change is unacceptable. Continued use of the Online Services and Materials following any change constitutes acceptance of such change.
7.3 The Site may terminate your access to the Online Services and Materials. The effective date of termination shall be ten (10) days after the receipt of an appropriate notice of termination, unless a later date is specified in the notice. The Site may suspend or discontinue providing the Online Services and Materials to you without notice and pursue any other remedy legally available to the Site if you fail to comply with any of your obligations hereunder.
7.4 Except as otherwise provided herein, all notices and other communications hereunder shall be in writing or displayed electronically in the Online Services by the Site.
7.5 By utilizing the Online Services or Materials, you acknowledge that you have agreed to receive electronic mail, telephone calls, and other communications from the Site, its agents, affiliates, successors, and assigns. You agree that the Site may contact you with regard to these Terms and Conditions, the Online Services and Materials, opportunities in which you may be interested, and other related purposes.
7.6 The failure of the Site or any third party supplier of Materials to enforce any provision hereof shall not constitute or be construed as a waiver of such provision or of the right to enforce it at a later time.
7.7 You may not assign your rights or delegate your duties under your access to the Online Services and Materials without the prior written consent of the Site.
7.8 These Terms and Conditions shall be governed by and construed in accordance with the laws of the State of Texas.