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PULSEPOLL.COM
CORPORATION
PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY
BEFORE USING THIS SITE. By using this site, you signify
your assent to these terms of use. If you do not agree to
these terms of use please do not use the site. We reserve
the right, at our discretion, to change, modify, add, or
remove portions of these terms at any time. Please check
these terms periodically for changes. Your continued use
of the PULSEPOLL following the posting of changes to these
terms (including the the PULSEPOLL Privacy Policy) will
mean you accept those changes.
RESTRICTIONS
ON USE OF MATERIALS
This site is operated by PULSEPOLL.COM CORPORATION and its
affiliates, (collectively referred to as "PULSEPOLL.COM,"
"we," "us," or "our" herein). No material from PULSEPOLL.COM
or any Web site owned, operated, licensed, or controlled
by PULSEPOLL.COM CORPORATION may be copied, reproduced,
republished, uploaded, posted, transmitted, or distributed
in any way, except that you may download one copy of the
materials on any single computer for your personal, non-commercial
home use only, provided you keep intact all copyright and
other proprietary notices. Modification of the materials
or use of the materials for any other purpose is a violation
of PULSEPOLL.COMS's copyright and other proprietary rights.
For purposes of these terms, the use of any such material
on any other Web site or networked computer environment
is prohibited. All trademarks, service marks, and trade
names are proprietary to PULSEPOLL.COM.
In the event you download software from the site, the software,
including any files, images incorporated in or generated
by the software, and data accompanying the software (collectively,
the "Software") are licensed to you by PULSEPOLL.COM. PULSEPOLL.COM
does not transfer title to the Software to you. You own
the medium on which the Software is recorded, but PULSEPOLL.COM
retains full and complete title to the Software, and all
intellectual property rights therein. You may not redistribute,
sell, decompile, reverse engineer, disassemble, or otherwise
reduce the Software to a human-readable form.
PULSEPOLL
AND PUBLIC COMMUNICATION
"PulsePoll" means the polling function offered as part of
PULSEPOLL.COM. You shall not upload to, distribute through,
or otherwise publish through the PULSEPOLL any content which
is libelous, defamatory, obscene, pornographic, threatening,
invasive of privacy or publicity rights, abusive, illegal,
or otherwise objectionable that would constitute or encourage
a criminal offense, violate the rights of any party, or
that would otherwise give rise to liability or violate any
law.
It
is our policy to respect the privacy of all guests. Therefore,
in addition to the privacy of Registration data (see our
Privacy Policy), we will not
monitor, edit, or disclose the contents of a guest's e-mail
unless required in the course of normal maintenance of the
PULSEPOLL and its systems or unless required to do so by
law or in the good-faith belief that such action is necessary
to: (1)comply with the law or comply with legal process
served on PULSEPOLL.COM; (2) protect and defend the rights
or property of PULSEPOLL.COM; or (3) act in an emergency
to protect the personal safety of our guests or the public.
Guests shall remain solely responsible for the content of
their messages.
By uploading materials to any PulsePoll or submitting any
materials to us, you automatically grant (or warrant that
the owner of such materials has expressly granted) us a
perpetual, royalty-free, irrevocable, non-exclusive right
and license to use, reproduce, modify, adapt, publish, translate,
create derivative works from and distribute such materials
or incorporate such materials into any form, medium, or
technology now known or later developed throughout the universe.
In addition, you warrant that all so-called "moral rights"
in those materials have been waived.
CONTENT
LINKED TO THE PULSEPOLL
PULSEPOLL.COM encourages you to exercise discretion while
browsing the Internet using this service. PULSEPOLL.COM
may produce automated search results or otherwise link you
to sites containing information that some people may find
inappropriate or offensive. PULSEPOLL.COM makes no representations
concerning any effort to review the content of sites listed
in our catalog (indeed, given the size of our catalog and
the frequency with which it is updated, such review would
be practically impossible). Consequently, PULSEPOLL.COM
is not and cannot be held responsible for the accuracy,
copyright compliance, legality or decency of material contained
in sites listed in our search results or otherwise linked
to the the PULSEPOLL site.
DISCLAIMER
THE MATERIALS IN THIS SITE ARE PROVIDED "AS IS" AND WITHOUT
WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE
FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, PULSEPOLL.COM
DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING,
BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY
AND FITNESS FOR A PARTICULAR PURPOSE. PULSEPOLL.COM DOES
NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIALS
WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE
CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES SUCH
MATERIALS AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL
COMPONENTS. PULSEPOLL.COM DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS
REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS
IN THIS SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY,
OR OTHERWISE. YOU (AND NOT PULSEPOLL.COM) ASSUME THE ENTIRE
COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION.
APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES,
SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
INDEMNIFICATION
MEMBER IS ENTIRELY RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY
OF MEMBER'S PASSWORD AND ACCOUNT. FURTHERMORE, MEMBER IS
ENTIRELY RESPONSIBLE FOR ANY AND ALL ACTIVITIES WHICH OCCUR
UNDER MEMBER'S ACCOUNT AND AGREES TO INDEMNIFY, DEFEND,
AND HOLD HARMLESS THE PROVIDERS FOR ANY LIABILITY OR EXPENSE
ARISING FROM SUCH USE OR MISUSE. MEMBER AGREES TO IMMEDIATELY
NOTIFY THE PROVIDERS OF ANY UNAUTHORIZED USE OF MEMBER'S
ACCOUNT OR ANY OTHER BREACH OF SECURITY KNOWN TO MEMBER.
LIMITATION
OF LIABILITY
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE,
SHALL PULSEPOLL.COM BE LIABLE FOR ANY OR CONSEQUENTIAL DAMAGES
THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THIS
SITE, EVEN IF PULSEPOLL.COM OR AN PULSEPOLL.COM AUTHORIZED
REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR
EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES,
SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
IN NO EVENT SHALL PULSEPOLL.COM'S TOTAL LIABILITY TO YOU
FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN
CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE),
OR OTHERWISE EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR
ACCESSING THIS SITE.
Pursuant to Title 17, United States Code, Section 512(c)(2),
notifications of claimed copyright infringement should be
sent to Service Provider's Designated Agent.
JURISDICTIONAL
ISSUES
Unless otherwise specified, the materials in the site are
presented solely for the purpose of promoting programs and
other products available in the United States, its territories,
possessions, and protectorates. This site is controlled
and operated by PULSEPOLL.COM from its offices within the
State of OREGON, United States of America. PULSEPOLL.COM
makes no representation that materials in the site are appropriate
or available for use in other locations. Those who choose
to access this site from other locations do so on their
own initiative and are responsible for compliance with local
laws, if and to the extent local laws are applicable. Software
from this site is further subject to United States export
controls. No software from this site may be downloaded or
otherwise exported or reexported (i) into (or to a national
or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria,
or any other country to which the U.S. has embargoed goods;
or (ii) to anyone on the U.S. Treasury Department's list
of Specially Designated Nationals or the U.S. Commerce Department's
Table of Deny Orders or in violation of any other federal
rule or regulation. By downloading or using the Software,
you represent and warrant that you are not located in, under
the control of, or a national or resident of any such country
or on any such list.
TERMINATION
These terms are effective until terminated by either party.
You may terminate these terms at any time by destroying
all materials obtained from any and all the PULSEPOLL site(s)
and all related documentation and all copies and installations
thereof, whether made under the terms of these terms or
otherwise. These terms will terminate immediately without
notice from PULSEPOLL.COM if in PULSEPOLL.COM's sole discretion
you fail to comply with any term or provision of these terms.
Upon termination, you must destroy all materials obtained
from this site and any and all other the PULSEPOLL site(s)
and all copies thereof, whether made under the terms of
these terms or otherwise.
OTHER
These terms shall be governed by and construed in accordance
with the laws of the State of Oregon, without giving effect
to any principles of conflicts of law. You agree that any
action at law or in equity arising out of or relating to
these terms shall be filed only in the state or federal
courts located in Oregon and you hereby consent and submit
to the personal jurisdiction of such courts for the purposes
of litigating any such action. If any provision of these
terms shall be unlawful, void, or for any reason unenforceable,
then that provision shall be deemed severable from these
terms and shall not affect the validity and enforceability
of any remaining provisions. This is the entire agreement
between us relating to the subject matter herein and shall
not be modified except in writing, signed by both parties.
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