Last Updated: 7/2/2024
Thank you for visiting ConsumerDigitalSurvey.com ("Website"), where you
("User") can qualify to earn Rewards as defined and further detailed below.
The Website is an Internet property of Consumerdigitalsurvey and Consumer
Concierge (collectively, "Company," "we," "our" or "us").
Below is a quick overview of how the Rewards Program works:
SUMMARY OF REWARD PROGRAM PURCHASE REQUIREMENTS. To claim your Reward you
must earn one hundred (100) points as follows: (a) earn fifteen (15) points
for completing your registration (by providing your email, first/last name,
phone number, postal address, gender and date of birth); (b) earn
twenty-five (25) points for completing the initial survey; (c) earn twenty
(20) points for viewing the offers; and (d) earn the final forty (40)
points for completing the requisite number of Reward Program Offers (ten
(10) points for completing two (2) Bronze Offers, ten (10) points for
completing two (2) Silver Offers and twenty (20) points for completing six
(6) Gold Offers). You must complete all Reward Program Offers within thirty
(30) days from when you complete your first offer. Completion of Reward
Program Offers will require a purchase or entering into a paid subscription
program; and credit card offers may also require you to activate the card
by making a purchase, transferring a balance and/or taking a cash advance.
Limit of one (1) Reward per household. Void where
prohibited. COMPLETING A SURVEY AND/OR VIEWING THE OFFERS WITHOUT
COMPLETING THE REQUISITE NUMBER OF REWARD PROGRAM OFFERS FROM THE SPECIFIED
CATEGORIES ABOVE DOES NOT QUALIFY YOU FOR A REWARD.
Please note that the Bronze, Silver and Gold Offers appear AFTER the
registration forms, surveys and optional offers which do NOT count towards
earning your Reward. You will be credited for having completed an offer
only if you access it by clicking on a hyperlink made available on the
Website. If you do not complete all of the required offers in one (1)
session, you must click on the Check Reward Status
hyperlink to resume your fulfillment of the Promotions requirements; and
then enter the e-mail address that you used to register your Account (as
defined below) on the Website (which will enable you to resume signing up
for offers). You cannot sign up for the same offer more than once and get
credit towards earning your Reward for any duplicated offer completion.
You cannot: (a) complete Offers using a bot or other automated means of
sign-up; (b) otherwise tamper with our system or attempt to defraud us by
using multiple email addresses or other means; or (c) otherwise "game" the
Reward Program to circumvent the limitations described herein. Moreover,
you cannot use a link to the Website provided by another person, or one
otherwise obtained outside of our normal marketing channels such as a
YouTube video or gaming site or blog, or reuse a link that you previously
used to claim a Reward. We may also disqualify you in our sole discretion
if we believe that you accessed the Website "mid-path" by skipping the
registration and/or survey pages. If we reasonably believe you are
attempting to do so, we reserve the right to void all of your attempts to
qualify for a Reward with or without notice.
These Consumerdigitalsurvey and Consumer Concierge Terms and Conditions ("http://www.ConsumerDigitalSurvey.com/terms.cgi?config=9311") (which includes mandatory arbitration) are inclusive of the http://www.ConsumerDigitalSurvey.com/privacy.cgi?config=9311
(which includes your consent to our sharing of your personally identifiable
information with our Partners (as defined below) for which we may be
compensated), the Rules applicable to any Promotion (as defined below)
("Rules"), the Frequently Asked Questions ("FAQs") appearing on the
Website, and any and all other applicable Company operating rules,
policies, price schedules and other supplemental terms and conditions or
documents that may be published from time to time, which are expressly
incorporated herein by reference (collectively, the "Agreement"): You agree
to the terms and conditions contained in the Agreement, in their entirety,
when you: (a) access and/or use the Website); (b) access certain text,
images, video, audio and other content and information as made available
by: (i) Company (collectively, "Company Content"); and (ii) third-parties
including, but not limited to, content that is submitted by, or aggregated
from, third-party sources ("Third-Party Content," and together with the
Company Content and Member Content, the "Content"); (c) access links to
third-party websites and resources ("Third-Party Links"); (d) register to
establish a Company account ("Account"); (e) register for, and participate
in, any of the drawings, contests, sweepstakes and Reward Program Offers
that we may make available on the Website from time-to-time (collectively,
the "Promotions"); (f) request information regarding certain products
and/or services featured on the Website (collectively, "Services"), as
offered by third party service providers, advertisers and marketing
partners (collectively, "Partners"); and/or (g) utilize the contact form
and/or other functionality as a means to request to be contacted by Company
(collectively, "Contact Services," and together with the Website, Content,
Third-Party Links and Promotions, the "Website Offerings").
Please carefully review the terms of the Agreement, in its entirety. If
you do not agree to abide by and be bound by all of the terms of the
Agreement (as amended by us from time-to-time), you are not authorized
to access and/or use the Website Offerings in any manner, including
requesting Services or participating in any of the Promotions.
The Agreement shall have the same legal force and effect as a written
document signed by you.
THE AGREEMENT CONTAINS DISCLAIMERS OF WARRANTIES, LIMITATIONS OF
LIABILITY, RELEASES, A CLASS-ACTION WAIVER, AND THE REQUIREMENT TO
ARBITRATE ANY AND ALL CLAIMS THAT MAY ARISE HEREUNDER AGAINST COMPANY,
AS WELL AS ITS PARENTS, SUBSIDIARIES, MEMBERS, RELATED PARTIES,
THIRD-PARTY PROVIDERS AND PARTNERS (COLLECTIVELY, "COVERED PARTIES"),
WHO ARE EXPRESS THIRD-PARTY BENEFICIARIES OF THE MANDATORY ARBITRATION
PROVISION. THE AFOREMENTIONED PROVISIONS ARE AN ESSENTIAL BASIS OF THE
AGREEMENT.
NEW JERSEY STATE RESIDENTS ARE ENCOURAGED TO REVIEW THEIR RIGHTS UNDER
THE AGREEMENT, AS PROVIDED UNDER THE NEW JERSEY TRUTH-IN-CONSUMER
CONTRACT WARRANTY AND NOTICE ACT ("TCCWNA").
For the avoidance of doubt, we reserve the right, in our sole discretion,
to change the methods through which future Rewards are earned. This may
include, without limitation, changing the approval requirements necessary
to receive future Rewards by increasing or decreasing the number of Reward
Program Offers that must be completed to qualify and adding or decreasing
the number of steps necessary to confirm that you have a legitimate
Account. We may also add or remove any product or service listed as a
Reward at any time. If we elect to replace a Reward, the new Reward may not
be of equal value.
IF YOU BREACH ANY OF THE TERMS OF THE AGREEMENT, YOUR RIGHT TO USE THE
SITE OFFERINGS AND PARTICIPATE IN PROMOTIONS WILL IMMEDIATELY TERMINATE
AND YOUR ACCOUNT WILL BE DISQUALIFIED.
If we terminate the Agreement for any reason, in our sole discretion, we
shall have no liability or responsibility to you. You understand and agree
that refusal to use the Website Offerings is your sole right and remedy
with respect to any dispute you believe that you may have with Company. For
the avoidance of doubt, the Agreement only governs your use of the Website.
The Agreement constitutes the entire and only agreement between you and Company and supersedes all prior or contemporaneous agreements, representations, warranties and/or understandings. We reserve the right to modify the Agreement at any time. All such changes, including retroactive changes, shall be effective once posted on the Website; provided, however, that any amendment or modification to the arbitration provisions, prohibition on class action provisions or any other provisions applicable to dispute resolution (collectively, "Dispute Resolution" provisions) shall not apply to any disputes incurred prior to the applicable amendment or modification. The latest Agreement will be posted on the Website, and you should review the Agreement prior to using the Website Offerings. By your continued use of the Website Offerings, you hereby agree to comply with, and be bound by, all of the terms and conditions contained within the Agreement effective at that time (other than with respect to disputes arising prior to the amendment or modification of the Dispute Resolution provisions which shall be governed by the Dispute Resolution provisions then in effect at the time of the subject dispute). Therefore, you are strongly encouraged to regularly check this page for updates and/or changes.
Please be advised that the Website Offerings are only available to legal residents of the United States of America currently residing in the fifty (50) United States, including the District of Columbia: (a) with the capacity to enter into legally binding contracts under applicable law; (b) that are eighteen (18) years of age or older, or the applicable age of majority if the age of majority in your jurisdiction is greater than eighteen (18) years of age; and (c) with a valid U.S. email address and mailing (postal) address (please do not attempt to enter a P.O. Box as your mailing (postal) address, as we do not ship to P.O. Boxes). By accessing and/or using the Website Offerings, you represent and warrant that you meet all of the above eligibility requirements. For the avoidance of doubt, all Promotions are void in Puerto Rico, Guam, the U.S. Virgin Islands, as well as any other areas where otherwise prohibited by law.
In order to be eligible to participate in Promotions, you must first
register for an Account by providing complete, accurate and up-to-date
information. If, however, you provide any information that is either:
incomplete, inaccurate, or not current, or if we have reasonable grounds to
suspect that any information you provided is either incomplete, inaccurate,
or not current, your Account may be placed on hold or disqualified.
We reserve the right, in our sole discretion, to deny the attempted
Account registration of anyone, at any time, and for any reason,
whatsoever.
The information that you must supply to us in order to complete a valid
Account registration may include, without limitation, your: (a) full name;
(b) mailing (postal) address; (c) e-mail address; (d) date of birth; (e)
telephone number; and/or (f) any other information that we may request from
time-to-time (collectively, "Registration Data").
You shall be responsible, at all times, for ensuring that you have an
Internet connection, computer/mobile device, mobile telephone number,
up-to-date Internet browser versions, a functioning e-mail account,
applicable software, applicable hardware and/or other equipment necessary
to access the Website Offerings. Company does not guarantee the quality,
speed or availability of the Internet connection associated with your
mobile device and/or computer. Company does not guarantee that the Website
Offerings can be accessed: (i) on all mobile devices; (ii) through all
wireless service plans; (iii) in connection with all Internet browsers;
and/or (iv) in all geographical areas. Standard messaging, data and
wireless access fees may apply to your use of the Website Offerings. You
are fully responsible for all such charges and Company has no liability or
responsibility to you, whatsoever, for any such charges billed by your
wireless carrier.
Please note that only one (1) Account is allowed per household, and any
Accounts that share either: the same name, e-mail address, mailing (postal)
address, telephone number, credit card or IP address will be considered the
same household. Accounts in violation of this rule will be placed on hold
or disqualified. For the avoidance of doubt, you may not have multiple
Accounts at more than one (1) mailing (postal) address, under more than one
(1) name, or under more than one (1) e-mail address. Furthermore, you may
not use another individual's name or information at any time, for any
reason on the Website. By way of example, you may not register on the
Website for any other individual or attempt to complete offers for any
other individual's Account.
Please be advised that you shall at all times be responsible for
maintaining the security of your Account. For the avoidance of doubt,
Company is not responsible or liable for any losses incurred through access
to your Account by any third party, at any time; provided, however, that you may access your Account at any time by
clicking on the Check Rewards Status hyperlink, and
then entering the e-mail address that you used to register your Account on
the Website.
The completion of any particular Reward Program Offer is optional and is not required to qualify for any applicable Reward offered on the Website. While we may preselect certain Reward Program Offers for you to review, if you are not interested, simply move on to the next Reward Program Offer or click "Next" or "Skip," as applicable. However, if and when you select "Continue" next to one of the optional Reward Program Offers, we may transfer some or all of the Information you submitted during registration to the applicable Partner without providing you with another opportunity to review the Information in advance. Moreover, when you select "Continue" or "No" next to a survey question, we will transfer some or all of the Information you submitted during registration to Partners that we think may be of interest to you, without providing you with another opportunity to review the Information in advance.
To successfully complete any of the Reward Program Offers made available on
the Website by one of our Partners, you must provide complete, accurate and
up-to-date information. Accounts in violation of this rule will be placed
on hold or disqualified altogether. For the avoidance of doubt, the term "Partner" refers to one of
our trusted third party business entities, advertisers and/or marketing
partners sponsoring the applicable Reward Program Offer.
In order to receive credit for the completion of any particular Reward
Program Offer, you must complete it promptly after accessing it from the
Website. You must click the Reward Program Offer link via the Website in
order for us to correctly track and credit your Account. Please note,
however, that some applications, such as spyware blockers or pop-up
blockers, may preclude these links from functioning correctly, and we
hereby disclaim any liability for any such failures.
Please be advised that while available Reward Program Offers may vary,
all will require a purchase.
By way of example, Reward Program Offers pertaining to credit cards may
require you to activate the applicable credit card by making a purchase,
transferring a balance or taking a cash advance. Alternatively, Reward
Program Offers pertaining to high-speed Internet services may require you
to order and install the applicable high-speed Internet service to
successfully complete the offer.
In order for you to receive proper credit for the completion of any Reward
Program Offer, you must make sure that: (a) your browser settings are set
to accept all cookies; and (b) you click on the exact offer hyperlink on
the Website to get directed properly to the Reward Program Offer provider's
website.
Please be advised that we do not guarantee that you will receive credit for
any particular Reward Program Offer. We reserve the right to refuse to
credit your Account for any reason including, without limitation, improper
sign-up, lack of appropriate information or documentation or improper
browser settings. If, however, you believe that you have successfully
completed a Reward Program Offer and you have not received credit for that
offer, please confirm that you have: (i) satisfied all of the requirements
stipulated by the applicable Partner; and (ii) waited the appropriate
amount of time for offer completion to be reported back to us. To be clear,
this amount of time varies with each Partner, but will not exceed ninety
(90) days. If you have any questions, please: contact us via e-mail at:
[email protected]
; call us toll free at: (844) 435-3969, or via U.S. Mail at:
Consumerdigitalsurvey, 2000 NE 42nd Ave PMB 1251, Portland, OR 97213.
We also reserve our right to: (1) change or limit the Offers or Rewards available or your ability to participate in certain Offers or the Rewards Program itself, (2) change or limit the eligibility for or allowable frequency of Offers, and (3) change or limit the number or type of Rewards you can receive for a given Offer or during a given time period. All such changes or limitations shall apply to all past, present, or future Rewards, unless expressly stated.
You hereby acknowledge and agree that Company shall NOT be liable to
you or any other third party for any claim in connection with your
participation in any of the Reward Program Offers. Furthermore, you
hereby acknowledge and agree that Company shall not be responsible for
delays in reporting Reward Program Offer completion.
You may access your Account at any time by clicking on the Check Reward Status hyperlink (here or elsewhere on
the Website) and then entering the e-mail address that you used to register
your Account on the Website. Upon logging into your Account (once your
offer status has been "Approved,") a confirmation e-mail will be sent to
you with instructions regarding how to verify your Information. You must
follow the instructions in the "Approval" e-mail to enter the Reward
Redemption Center. Alternatively, once your offer and referral status has
been "Approved," you will be able to access the Reward Redemption Center by
logging in to your Account and clicking on the "Click Here to Redeem Your Reward" hyperlink. Upon
your completion of the information verification process, you must click on
the "Click Here to Redeem Your Reward" hyperlink to
generate a Reward Redemption Certificate. You must print out this
certificate and mail it to the address provided in the Reward Redemption
instructions. Certificates sent to any other address will not be processed.
Please note that your Reward Redemption Certificate must be postmarked
within fifteen (15) calendar days of your final required offer having
been "Approved" or your Account will be disqualified.
Should the value of any particular Reward or the cumulative value of the
Rewards received during any calendar year exceed Six Hundred Dollars
($600.00), you must provide us with a completed IRS Form W-9. Your
completed IRS Form W-9 must be received at the mailing (postal) address
provided in the Reward Redemption instructions BEFORE the shipment of the
Reward. Please be advised that if you fail to return the IRS Form W-9
within thirty (30) days of our request, or if you provide false information
on the IRS Form W-9, your Account will be immediately terminated and you
will forfeit your Reward(s). To learn more about IRS Form W-9, go to: http://www.irs.gov.
Company reserves the right to substitute a cash payment in the form of
check for any applicable Reward. The amount of the cash payment shall
be determined by Company in its sole discretion. By cashing the check,
you agree that you have been made whole and relinquish your rights to
pursue any and all claims against the Covered Parties in connection
with the subject Reward/check. Alternatively, we reserve the right to
substitute a gift card for the Reward. The amount of the gift card and
the associated gift card merchant shall be determined by Company in its
sole discretion. By accepting the gift card, you agree that you have
been made whole and relinquish your rights to pursue any and all claims
against the Covered Parties in connection with the subject Reward/gift
card. Company further reserves the right to substitute a product of
comparable value for the Reward. You hereby acknowledge and agree that
"comparable value" shall be determined by Company in its sole
discretion. By accepting the substituted product, you agree that you
have been made whole and relinquish your rights to pursue any and all
claims against the Covered Parties in connection with the subject
Reward/ substitute a product. Finally, Rewards that are back ordered
will be replaced with another item of comparable value, a check or a
gift card, or they will ship when they are made available. Discontinued
products will be replaced with another item of comparable value, a
check or a gift card.
All rewards are shipped to the mailing (postal) address that you submit to
the Reward Redemption Center. It is your responsibility to submit the
correct mailing (postal) address. For the avoidance of doubt, we will NOT
ship to P.O. Boxes. Company is NOT responsible for lost orders stemming
from incorrect mailing (postal) addresses, theft or carrier errors. In the
event a situation arises necessitating package forwarding, we are in no way
responsible for ensuring delivery.
If, after you have received a Reward, we determine that you violated any of
portion of the Agreement, as amended from time-to-time, you agree to return
the Reward at your sole cost and expense. Additionally, Company reserves
the right to pursue legal action against you.
Please be advised that we will not accept returned Rewards. By returning a
Reward, you are forever relinquishing your claim to the Reward. If,
however, a product is found to be defective, you should consult the
warranty information included with the applicable Reward. But please note
that we are not responsible for the repair or replacement of damaged or
defective products. Please contact the relevant
manufacturer/merchant/vendor for questions about damaged or defective
products. In cases where you do not know what manufacturer/merchant/vendor
produced and/or shipped the product to you, as applicable, please: contact
us via e-mail at:
[email protected]
, call us toll free at: (844) 435-3969; or contact us via U.S. Mail at:
Consumerdigitalsurvey, 2000 NE 42nd Ave PMB 1251, Portland, OR 97213.
Please note that the Reward Program is limited to one (1) Reward and
registration per household; and each household is limited to the use of one
(1) e-mail address. For the avoidance of doubt, each household must use the
same e-mail address throughout all websites that are owned and/or operated
by Company.
Any attempt to circumvent this restriction by attempting to register
multiple times under different names, attempting to register more than one
(1) time per household, and/or attempting to register more than one (1)
time with the same mailing (postal) address and/or computer, is strictly
prohibited. Failure to comply with any of these requirements will result in
immediate termination of your participation in any Promotions and
forfeiture of any Reward earned or accrued in connection with same. Please
be advised that we have sole discretion to determine whether or not you
have complied with the above stipulations.
Please be advised that you or your household may qualify for and
receive a maximum of one (1) Reward from Consumerdigitalsurvey per lifetime.
You agree that you will not engage in any activity or conduct that interferes with or disrupts the Website, Rewards Program, or our Services (or the servers and networks which are connected to our Services) or use any service to manipulate your computer, mobile phone, or other Device to gain any advantage on any of our Rewards Programs. Unless you have been specifically permitted to do so in a separate written agreement with us, you agree that you will not reproduce, duplicate, copy, sell, trade or resell our Services for any purpose. You further agree that your use of the Website and Reward Program and our Services shall not be fraudulent, deceptive, or unlawful, as determined in our sole and absolute discretion. You shall also comply with all usage rules and guidelines found throughout the Website and Reward Program or our Services. You agree to comply with the instructions set out in any txt file present on the Website and Rewards Program and our Services. Without limiting the generality of the foregoing, you agree not to use the Website and Rewards Program or our Services in any improper manner, including to:
If we determine in our sole and absolute discretion that you have violated these Terms, we may in our sole and absolute discretion issue you a warning regarding the violation prior to terminating or suspending any Account you have created (or which is associated with you) using our Services. However, you acknowledge and agree that we need not provide you with any warning or notice before we terminate or suspend your Account and your access to the Website and Rewards Program and our Services, which we may do at any time and for any reason, at our sole and absolute discretion. If we terminate or suspend your Account, you agree not to attempt to join or re-join or create another Account in any of our Rewards Programs without our prior written authorization.
Company reserves the right to suspend or disqualify your Account at any
time, even after a Reward has been shipped to you. Please be advised that
we are not responsible for notifying you about a change in your Account
status. If your Account is suspended or disqualified, all other accounts
created by or associated with you across all Company owned and/or operated
websites may also be suspended or disqualified, in Company's sole
discretion. If your Account is suspended or disqualified, you may NOT
create another account on any website owned or operated by Company or any
of its affiliated companies. If your Account is disqualified, that
disqualification is permanent and you are permanently prohibited from
participating in any Promotions made available on or through the Website as
well as all other web properties owned or operated by Company, or any of
its affiliated companies. You will not be reimbursed for any expenses
incurred in connection with the Website Offerings, whether prior to or
after your Account is suspended or disqualified; provided, however, that if you believe that your Account was
suspended or disqualified in error, you may: contact us via e-mail at:
[email protected]
; call us toll free at: (844) 435-3969, or contact us via U.S. (postal)
mail at: Consumerdigitalsurvey, 2000 NE 42nd Ave PMB 1251, Portland, OR 97213.
We may suspend or disqualify your Account for: (a) registering for more
than one (1) Account per household; (b) providing false information to us
or any of our Partners in connection with the Website Offerings; (c)
posting information on a website, online forum or auction that pertains to
the manipulation of the Website Offerings and/or "canceling the Reward
Program Offers" including, but not limited to, cancellation phone numbers,
cancellation time frames and any encouragement or direction to cancel the
Reward Program Offers after signing-up with the applicable Partner(s); (d)
utilizing prepaid cards with the intent, or for the purpose, of
manipulating the Website Offerings and/or "cancelling the Reward Program
Offers"; (e) bidding on trademarked keywords associated with us, our
Partners or their affiliates in Internet search engines to gain referrals
through sponsored search results; (f) using any other individual's credit
card to complete Reward Program Offers; (g) violating any of the terms and
conditions of the Agreement; or (h) any other reason or a combination of
reasons at the sole discretion of Company.
Any Promotions made available to you through the Website Offerings,
or an e-mail message associated therewith, may be governed by specific
Rules that are separate from these Terms. By participating in any such
Promotion, you will become subject to the Rules applicable to that
Promotion, which may vary from these Terms. Therefore, we strongly urge
you to review any applicable Rules prior to participating in any
Promotion.
Company is NOT responsible for its Partners' offers or the transactions
that you attempt to enter into with any such Partners via the Website
Offerings. Moreover, we cannot fulfill a Partners' offer, cancel a
Partners' offer on your behalf, refund any charges that you have incurred
in connection therewith, or service an account you created directly with
any Partner. It is your responsibility - and you are strongly encouraged -
to carefully read the requirements, terms and conditions, privacy policy
and billing information for each and every offer/Partner before you
sign-up. For the avoidance of doubt, your completion of any Reward Program
Offer made available by one of our Partners by way of the Website is done
voluntarily, and at your own risk. We are NOT responsible for the content,
services or products associated with our Partners. If you have a complaint
about Reward Program Offers, services or products received from a Partner,
you should contact the applicable Partner directly.
To be clear, Company provides you with an opportunity to apply for and/or
participate in various Promotions as offered and provided by our Partners.
We do NOT provide any underlying products and/or services, and the ultimate
terms and conditions of any Promotions offered by our Partners will be
determined by those Partners. All fulfillment and customer service
functions relating to the Promotions and any other Partner-affiliated
products or services shall be handled entirely and exclusively by the
applicable Partner.
Unless explicitly stated otherwise, any future offer(s) made available to
you on the Website that augment(s) or otherwise enhance(s) the current
features of the Website Offerings shall be subject to the Agreement.
You hereby acknowledge and agree that Company is not responsible, nor
liable in any manner whatsoever, for your use of, or inability to use
and/or qualify for, Website Offerings, other Partner-sponsored products
and/or services, or for any dispute between you and any such Partner.
You further understand and agree that we are not liable to you or to any
other third party for any modification, suspension or discontinuation of
any product, Service or Promotion offered by any Partner.
The Website Offerings may refer you to third party websites including, but not limited to, those owned and/or operated by our Partners. Because we neither have control over such third party websites nor the Partners, you hereby acknowledge and agree that we are NOT responsible for the availability or content of such third party websites and/or associated resources. Furthermore, you acknowledge and agree that we do not endorse, and we are not responsible or liable for, any terms and conditions, privacy policies, content, advertising, services, products and/or other materials available at or from such Partners and/or such third party websites or resources, or for any damages and/or losses arising therefrom. It is your responsibility to carefully read all of the terms and conditions associated with any third party materials featured on or accessed through the Website Offerings or in e-mail messages associated therewith, or the terms and conditions of the applicable third party's website(s). The inclusion of any link on the Website, or otherwise made available in connection with the Website Offerings, does not imply endorsement.
As a user of the Website Offerings, you are granted a non-exclusive,
non-transferable, revocable and limited license to access and use the
Website Offerings and/or associated content (collectively, "Material") in
accordance with the terms and conditions of the Agreement. However, we may
terminate this license at any time, for any reason. You may only access
and/or use the Material on one (1) computer for your own personal,
non-commercial use. No part of the Material may be reproduced in any form
or incorporated into any information retrieval system, electronic or
mechanical. Systematic retrieval of such Material by automated means or any
other form of scraping or data extraction in order to create or compile,
directly or indirectly, a collection, compilation, database or directory
without our express written permission is prohibited. You may not use,
copy, emulate, clone, rent, lease, sell, modify, decompile, disassemble,
reverse engineer or transfer the Material or any portion thereof. We
reserve any rights not explicitly granted in the Agreement. You may not use
any device, software or routine to interfere or attempt to interfere with
the proper working of the Website, Promotions and/or Services. You may not
take any action that imposes an unreasonable or disproportionately large
load on Company's infrastructure. Your right to use the Material is not
transferable. You further agree to indemnify and hold harmless Company for
your failure to comply with this Section XIII or any other Section of the
Agreement.
The content, organization, graphics, design, compilation, magnetic
translation, digital conversion, software, services and other matters
related to the Material, are protected under applicable copyrights,
trademarks and other proprietary (including, but not limited to,
intellectual property) rights. The copying, redistribution or publication
by you of any part of the Material is strictly prohibited. You do not
acquire ownership rights to any Material or other content, document,
software, services or materials viewed at or through the Website Offerings.
The posting of Material or other material on the Website, or by and through
the Website Offerings, does not constitute a waiver of any right in or to
such information and/or materials. Furthermore, the: (a)
"Consumerdigitalsurvey" name and logo are trademarks of
Consumerdigitalsurvey; and (b) the "Consumer Concierge" name and logo are
trademarks of Consumer Concierge. All custom graphics, icons and service
names are trademarks of their rightful owners. All other trademarks are the
property of their respective owners. The use of any Company trademark
without our express written consent - on a case-by-case basis - is strictly
prohibited.
It is our policy to timely respond to any claims of intellectual property
infringement. We will promptly process and investigate notices of alleged
infringement; and will take appropriate actions under the Digital
Millennium Copyright Act of 1998 ("DMCA") and other applicable intellectual
property laws. The DMCA provides recourse for copyright owners who believe
that material appearing on the Internet infringes upon their rights under
U.S. copyright law. We reserve the right to remove material on the Website
which allegedly infringe upon another person's copyright. If you are a
copyright owner or an agent thereof and believe that any content on the
Website infringes upon your copyright, you may submit a notification
pursuant to the DMCA by providing our Copyright Agent with the written
information outlined in 17 U.S.C. 512(c)(3). Notices of claimed
infringement should be sent to ATTN: Registered Copyright Agent,
Consumerdigitalsurvey, 2000 NE 42nd Ave PMB 1251, Portland, OR 97213.
Please be advised that all materials that you submit through or in association with the Website Offerings including, without limitation, the Registration Data, shall be subject to the Privacy Policy. For a copy of the Privacy Policy, please Click Here - http://www.ConsumerDigitalSurvey.com/privacy.cgi?config=9311.
By using the Website Offerings, you represent and warrant the following: (a) you have the right, power and authority to enter into and perform the Agreement; (b) any Registration Data or other information that you provide in connection with your use of the Website Offerings is accurate, truthful, reliable and up-to-date; (c) you have the legal right to submit any and all Registration Data and other content provided by you, and no such submission or use of any such content by us does or will violate the rights (including intellectual property rights and the rights of privacy or publicity) of any third party; and (d) your use of the Website Offerings will not violate any federal, state and/or local law.
Consumerdigitalsurvey Informational Alerts. Message frequency varies. Message and Data Rates May Apply. Reply STOP to stop. Reply HELP for info or email us at [email protected]. Carriers are not liable for delayed or undelivered messages.
THE WEBSITE OFFERINGS, AS WELL AS ANY OTHER PRODUCTS AND/OR SERVICES MADE
AVAILABLE BY COMPANY AND/OR ANY PARTNERS, ARE PROVIDED TO YOU ON AN "AS IS"
AND "AS AVAILABLE" BASIS AND ALL WARRANTIES, EXPRESS AND IMPLIED, ARE
DISCLAIMED TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW
(INCLUDING, BUT NOT LIMITED TO, THE DISCLAIMER OF ANY WARRANTIES OF
MERCHANTABILITY, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY AND/OR FITNESS
FOR A PARTICULAR PURPOSE). IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF,
WE MAKE NO WARRANTY THAT: (A) THE WEBSITE OFFERINGS AND/OR MATERIAL, AS
WELL AS ANY OTHER PRODUCT AND/OR SERVICE MADE AVAILABLE BY COMPANY, OR ANY
PARTNER(S), WILL MEET YOUR REQUIREMENTS; (B) THE WEBSITE OFFERINGS AND/OR
MATERIAL, AS WELL AS ANY OTHER PRODUCT AND/OR SERVICE MADE AVAILABLE BY
COMPANY, OR ANY PARTNER(S) WILL BE UNINTERRUPTED, TIMELY, SECURE OR
ERROR-FREE; (C) THAT YOU WILL QUALIFY FOR ENTRY INTO ANY PROMOTION, OBTAIN
A REWARD AND/OR RECEIVE SERVICES FROM ANY PARTNER(S); OR (D) THE RESULTS
THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE OFFERINGS AND/OR MATERIAL,
AS WELL AS ANY OTHER PRODUCT AND/OR SERVICE MADE AVAILABLE BY COMPANY, OR
ANY PARTNER(S), WILL BE ACCURATE OR RELIABLE. THE WEBSITE OFFERINGS AND
MATERIAL, AS WELL AS ANY OTHER PRODUCT AND/OR SERVICE MADE AVAILABLE BY
COMPANY, OR ANY PARTNER(S), MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER
LIMITATIONS. WE WILL NOT BE LIABLE FOR THE AVAILABILITY OF THE UNDERLYING
INTERNET CONNECTION ASSOCIATED WITH THE WEBSITE OFFERINGS, OR THE HARDWARE
AND/OR SOFTWARE NECESSARY TO ACCESS AND USE THE WEBSITE OFFERINGS. NO
INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US, THE WEBSITE
OFFERINGS AND/OR ANY PARTNER(S) SHALL CREATE ANY WARRANTY NOT EXPRESSLY
STATED IN THE AGREEMENT.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT COMPANY SHALL NOT BE LIABLE TO YOU
OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL,
CONSEQUENTIAL AND/OR EXEMPLARY DAMAGES INCLUDING, BUT NOT LIMITED TO,
DAMAGES FOR LOSS OF PROFITS, GOODWILL, REDUCED CREDIT RATING, IDENTITY
THEFT, REGULATION, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE
BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), TO THE FULLEST EXTENT
PERMISSIBLE BY APPLICABLE LAW FOR: (A) THE USE OR THE INABILITY TO USE THE
WEBSITE OFFERINGS /OR MATERIAL, AS WELL AS ANY OTHER PRODUCT AND/OR SERVICE
MADE AVAILABLE BY US OR ANY PARTNER(S); (B) THE COST OF PROCUREMENT OF
SUBSTITUTE GOODS AND/OR SERVICES RESULTING FROM ANY GOODS, DATA,
INFORMATION AND/OR SERVICES PURCHASED OR OBTAINED THROUGH THE WEBSITE
OFFERINGS, OR TRANSACTIONS ENTERED INTO, THROUGH OR FROM THE WEBSITE
OFFERINGS; (C) THE UNAUTHORIZED ACCESS TO, OR ALTERATION OF, YOUR
REGISTRATION DATA; (D) THE INABILITY TO QUALIFY FOR ANY PROMOTION, REWARDS
OR SERVICES FROM ANY PARTNER(S); AND (E) ANY OTHER MATTER(S) RELATING TO
THE WEBSITE OFFERINGS AND/OR MATERIAL, AS WELL AS ANY OTHER PRODUCT AND/OR
SERVICE MADE AVAILABLE BY US OR ANY PARTNER(S). THIS LIMITATION APPLIES TO
ALL CAUSES OF ACTION, IN THE AGGREGATE INCLUDING, BUT NOT LIMITED TO,
BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY,
MISREPRESENTATIONS AND ANY AND ALL OTHER CAUSES OF ACTION. YOU HEREBY
RELEASE COMPANY, AS WELL AS ITS PARTNERS, FROM ANY AND ALL OBLIGATIONS,
LIABILITIES, AND CLAIMS IN EXCESS OF THE LIMITATION STATED HEREUNDER. IF
APPLICABLE LAW DOES NOT PERMIT SUCH LIMITATION, THE MAXIMUM LIABILITY OF
COMPANY TO YOU UNDER ANY AND ALL CIRCUMSTANCES WILL BE FIVE HUNDRED DOLLARS
($500.00). THE NEGATION OF DAMAGES SET FORTH ABOVE IS A FUNDAMENTAL ELEMENT
OF THE BASIS OF THE BARGAIN BETWEEN YOU AND COMPANY. THE WEBSITE OFFERINGS
AND/OR MATERIAL, AS WELL AS ANY OTHER PRODUCT AND/OR SERVICE MADE AVAILABLE
BY US OR ANY PARTNER(S), WOULD NOT BE PROVIDED TO YOU WITHOUT SUCH
LIMITATIONS.
IF YOU ARE DISSATISFIED WITH THE WEBSITE, PROMOTIONS, SERVICES,
MATERIAL, THE TERMS & CONDITIONS OF THE AGREEMENT (INCLUDING THE
PRIVACY POLICY), YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING
THE WEBSITE.
You agree to indemnify, defend and hold Company and the Covered Parties (including any organizations responsible for sponsoring, fulfilling, administering, advertising or promoting the Promotions and all of their respective past and present officers, directors, employees, agents and representatives), harmless from and against any and all claims, expenses (including reasonable attorneys' fees), damages, suits, costs, losses, liabilities, demands and/or judgments whatsoever, made by any third party due to, or arising out of: (a) your unauthorized and/or improper use of the Website Offerings; (b) your unauthorized and/or improper participation in any Promotions; (c) any dispute between you and any Partners or other third-parties; (d) any claim that Company has to pay taxes in connection with your use of the Website Offerings, including your participation in any Promotion(s); and/or (e) your breach of any of the terms of the Agreement. Please be advised that this indemnification clause shall survive the expiration or termination of the Agreement. The provisions of this Section XVII are for the benefit of Company and the Covered Parties. Each of these individuals and entities shall have the right to assert and enforce these provisions directly against you on its own behalf.
We reserve the right, in our sole discretion, to terminate the Agreement and your right to access the Website Offerings for any reason or no reason, with or without cause and with or without notice.
We reserve the right, in our sole discretion, to edit, modify and/or delete any documents, information or other Materials. Additionally, we reserve the right, in our sole discretion, to discontinue or terminate all or part of the Website Offerings featured therein at any time.
The Agreement does not create or imply any partnership, joint venture, agency, franchise, sales representative or employment relationship between you and Company. You will not have, nor will you represent that you have, any authority to make or accept any offers or representations on our behalf. Moreover, you are not permitted to do anything to disparage or damage the reputation of Company or any of its officers, members, employees, Partners, products and/or services.
You hereby agree that you will not misrepresent Company by expressed or implied claims of success, warranties or service obligations. We disclaim any liability for such claims or implications made on your part to prospects, potential customers and/or current entrants in any Promotions. You further acknowledge and agree that the Agreement, and your right to access the Website Offerings may be terminated by Company with or without notice for any misrepresentation by you.
You are solely responsible for providing the means to access the Website and any of our e-mail messages. We do not guarantee continuous, uninterrupted or secure access to the Website. And you agree and acknowledge that the Website may, at times, be inaccessible or inoperable for any reason, including, but not limited to: (a) equipment or communications malfunctions; (b) periodic maintenance, repairs or administrative reviews which we may undertake from time-to-time; or (c) causes beyond our control or which are not foreseeable by us. We shall not be responsible or liable in any way to you or anyone else due to or as a result of any such inaccessibility or inoperability.
In accordance with Cal. Civ. Code Sec. 1789.3, California State resident Users may file grievances and complaints with the California Department of Consumer Affairs, 400 R Street, Ste. 1080, Sacramento, CA 95814; or by phone at 916-445-1254 or 800-952-5210; or by email to [email protected].
Any actual or attempted unauthorized use of the Website Offerings may result in criminal and/or civil prosecution including, without limitation, punishment under the Computer Fraud and Abuse Act of 1986. We reserve the right to view, monitor and record activity on the Website without notice or permission from you. Any information obtained through such monitoring, reviewing or recording is subject to review by law enforcement organizations in connection with investigation or prosecution of possible criminal activity associated with the Website Offerings. We will comply with all court orders involving requests for such information.
The Agreement shall be treated as though it were executed and performed in, and is subject to the laws of, the United States of America and the State of New York, without regard to its conflict of laws principles.
The parties hereby agree to arbitrate all claims that may arise under
the Agreement. Without limiting the foregoing, should a dispute arise
between the parties (including the Covered Parties) including, without
limitation, any matter concerning the Website Offerings, the terms and
conditions of the Agreement or the breach of same by any party hereto:
(a) the parties agree to submit their dispute for resolution by
arbitration before the American Arbitration Association ("AAA") in New
York, NY, in accordance with the then current Commercial Arbitration
rules of the AAA; and (b) you agree to first commence a formal dispute
proceeding by completing and an emailing an Initial Dispute Notice to
Company at
[email protected]
.
We may choose to provide you with a final written settlement offer
after receiving your Initial Dispute Notice ("Final Settlement Offer").
If we provide you with a Final Settlement Offer and you do not accept
it, or we cannot otherwise satisfactorily resolve your dispute and you
wish to proceed, you must submit your dispute for resolution by
arbitration before the AAA, in your county of residence, by filing a
separate Demand for Arbitration. For claims of Ten Thousand Dollars
($10,000.00) or less, you can choose whether the arbitration proceeds
in person, by telephone or based only on submissions. If the arbitrator
awards you relief that is greater than our Final Settlement Offer, then
we will pay all filing, administration and arbitrator fees associated
with the arbitration and, if you retained an attorney to represent you
in connection with the arbitration, we will reimburse any reasonable
attorneys' fees that your attorney accrued for investigating, preparing
and pursuing the claim in arbitration. Any award rendered shall be
final and conclusive to the parties and a judgment thereon may be
entered in any court of competent jurisdiction. Although we may have a
right to an award of attorneys' fees and expenses if we prevail in
arbitration, we will not seek such an award from you unless the
arbitrator determines that your claim was frivolous.
To the extent permitted by law, you agree that you will not bring, join
or participate in any class action lawsuit as to any claim, dispute or
controversy that you may have against the Covered Parties and/or their
respective employees, officers, directors, members, representatives
and/or assigns. You agree to the entry of injunctive relief to stop
such a lawsuit or to remove you as a participant in the suit. You agree
to pay the attorney's fees and court costs that any Covered Party
incurs in seeking such relief. This provision preventing you from
bringing, joining or participating in class action lawsuits: (i) does
not constitute a waiver of any of your rights or remedies to pursue a
claim individually and not as a class action in binding arbitration as
provided above; and (ii) is an independent agreement. You may opt-out
of these dispute resolution provisions by providing written notice of
your decision within thirty (30) days of the date that you first access
the Website.
Should any part of the Agreement be held overbroad, invalid or unenforceable, that portion shall be construed as consistent with applicable law and the remaining portions shall remain in full force and effect.
Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section.
To the extent that anything in, or associated with, the Website Offerings and/or e-mail messages or other communications associated therewith is in conflict or inconsistent with the Agreement, the Agreement shall control. Notwithstanding the foregoing, to the extent that there is any inconsistency between these Terms and the Rules associated with any particular Promotion, insofar as the applicable Promotion is concerned, the Rules shall govern in all respects.
Any failure by Company to enforce any provision of the Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision at any later date.
We may assign the Agreement, and any rights and obligations hereunder, in whole or in part, at any time without notice to you. You may not assign the Agreement or transfer any rights to use the Website Offerings
Any attempt by any individual or entity, whether or not a registered participant, to damage, destroy, tamper with, vandalize and/or otherwise interfere with the operation of the Website Offerings and/or e-mail messages associated therewith, is a violation of criminal and civil law and we will diligently pursue any and all remedies in this regard against any offending individual or entity to the fullest extent permissible by law and in equity.
You hereby acknowledge and agree that you have read the Agreement in full and agree to all of its terms and conditions. You have independently evaluated the desirability of utilizing the Website Offerings, including participating in any Promotion, and you are not relying on any representation, guarantee or statement other than as set forth in the Agreement.
If you have any questions or comments about these Terms or the Website Offerings, please: contact us via e-mail at: [email protected] ; call us toll free at: (844) 435-3969; or contact us via U.S. Mail at: Consumerdigitalsurvey, 2000 NE 42nd Ave PMB 1251, Portland, OR 97213.