PollMonkey.com - web poll software for creating and managing online polls!

PollMonkey.com, a Oregon limited liability corporation (LLC), provides and maintains an Internet Web site (the "Site") with related tools and processes to create individualized polls and obtain poll results and associated services (the "Services") for use by you ("Member" or "you"). The Services and use of the Site are provided to you under the terms and conditions set forth in the Terms of Agreement and any rules or policies otherwise set forth on this site or published from time to time by PollMonkey.com. The Terms of Agreement set forth below and any rules or policies otherwise set forth on this Site comprise the entire agreement between Member and PollMonkey.com and supersedes any and all prior agreements or understandings between the parties.

1. ACKNOWLEDGMENT AND ACCEPTANCE.
PLEASE READ THE FOLLOWING TERMS OF AGREEMENT CAREFULLY. BY COMPLETING THE REGISTRATION PROCESS AND CLICKING ON "NEXT >>", YOU ACCEPT AND AGREE TO ALL OF THE TERMS AND CONDITIONS SET FORTH IN THE TERMS OF AGREEMENT, INCLUDING ALL WARRANTIES AND PROMISES BY MEMBER. MEMBER HEREBY ACKNOWLEDGES AND WARRANTS THAT MEMBER IS 18 YEARS OF AGE OR OLDER.

2. SERVICE PROVIDED.
PollMonkey.com is providing restricted Services through the Site without charge for Member's use. A monthly fee of $19.95 entitles the Member to collect up to and including 20,000 responses per month per account and have full access to all Services. Exceeding 20,000 responses in any given month will incur a surcharge of $9.95 for another 20,000 response.. Said Services include Member's right, after registration and in full compliance with the Terms of Agreement, to use or create polls and to distribute the polls via email, Web intercept, Web site link or other technologies to potential poll respondents. Member acknowledges Member's obligations as set forth in the Terms of Agreement and agrees to use the Services and the Site in compliance with the Terms of Agreement.

3. MODIFICATION TO SERVICES PROVIDED; TERMS OF AGREEMENT.
Member acknowledges and agrees that PollMonkey.com may, with or without notice, modify, delete, or amend the Services and/or Site provided hereunder. Further, Member acknowledges and agrees that PollMonkey.com may further modify, delete or amend the Terms of Agreement from time to time, including charging a fee or fees for some services. In either event, PollMonkey.com will notify Member of any modification, deletion or amendment on the Site, by email or in the newsletter. If Member does not accept the modification, deletion or amendment, Member must terminate Member's membership at that time. Any and all use of the Site or the Services by Member after the notice is posted shall be deemed to be acceptance of the modification, deletion or amendment (as well as all other terms and conditions) to the Services, Site or Terms of Agreement.

4. PAYMENT TERMS.
Member agrees to pay all charges to Member’s account, including any applicable taxes, at the rates in effect when the charges are incurred. PollMonkey.com may change the fees and charges then in effect, or add new fees or charges, by giving Members notice in advance. Member must provide PollMonkey.com with valid credit card information, and must promptly inform PollMonkey.com of any changes in credit card validity or expiration date. PollMonkey.com will keep Member’s credit card information confidential, and ensure that credit card processing takes place in a secure environment. PollMonkey.com will automatically renew and charge Member’s account every month for monthly subscriptions. The renewal charge will be equal to the original subscription price, unless PollMonkey.com notifies Member otherwise in advance. This charge will occur regardless if there have been any responses collected in the monthly period. Member may cancel his or her subscription by sending an email to customer service requesting cancellation. Upon receipt of such notification, PollMonkey.com will either immediately terminate Member’s access or let the access expire, per user's request. No refunds of subscription fees or will be given. If payment cannot be charged to Member’s credit card, PollMonkey.com reserves the right to suspend or terminate Member’s account and access to the Services. PollMonkey.com reserves the right to terminate Member’s subscription at any time.

5. REGISTRATION & PASSWORD.
Member shall provide current, complete, accurate information in the registration section of the Site. Member shall further update and keep such information current as needed. Member shall provide a password in order to access the Services and Member's account. Member is solely responsible for maintaining the confidentiality of Member's password and account information. Member shall immediately notify PollMonkey.com of any unauthorized account activity, or any unauthorized use of Member's email list(s) or any other breach of security known to Member.

7. PRIVACY.
PollMonkey.com is committed to its policy of protecting the privacy and confidential information of the Members. For more information on PollMonkey.com's Privacy Policy visit 'Privacy Statement' at the bottom of each page.

8. DISCLAIMER OF WARRANTIES.
MEMBER EXPRESSLY ACKNOWLEDGES AND AGREES THAT USE OF THE SERVICE AND THE SITE IS AT MEMBER'S SOLE RISK. THE SERVICE AND THE SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS.

TO THE FULLEST EXTENT ALLOWED BY LAW, POLLMONKEY.COM EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. THE CONTENTS OF THE SERVICES OR THE SITE MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. POLLMONKEY.COM ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN CONTENT.

POLLMONKEY.COM IS NOT RESPONSIBLE FOR THE CONTENTS OF ANY POLL OR INVITATIONS TO TAKE POLLS OR INVITATIONS TO VIEW POLL RESULTS CREATED ON OR THROUGH THE SERVICE OR IS IT RESPONSIBLE FOR THE RESPONSES SUBMITTED TO ANY POLL REQUESTS OR FOR THE RESULTS GENERATED BY POLL RESPONSES. POLLMONKEY.COM DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE RELIABILITY OR ACCURACY OF THE REGISTRATION INFORMATION SUPPLIED TO POLLMONKEY.COM. POLLMONKEY.COM DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE CONSEQUENCES OF THE USE OF ANY POLL, POLL RESPONSES OR POLL RESULTS NOR DOES POLLMONKEY.COM WARRANT THE CORRECTNESS, USEFULNESS, RELIABILITY, ACCURACY OR OTHERWISE OF ANY POLL, POLL RESPONSES OR POLL RESULTS. POLLMONKEY.COM IS NOT RESPONSIBLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION, LOST PROFITS, BUSINESS INTERRUPTION OR OTHER LOSS RESULTING FROM USE OF OR RELIANCE IN ANY WAY ON ANY POLL, POLL RESPONSES OR POLL RESULTS CREATED ON OR THROUGH THE SERVICE OR THE SITE. IT IS SOLELY MEMBER'S RESPONSIBILITY TO EVALUATE THE ACCURACY, RELIABILITY, COMPLETENESS AND USEFULNESS OF ANY POLLS, POLL RESPONSES, POLL RESULTS OR OTHER INFORMATION RECEIVED WHILE USING THE SERVICE OR SITE.

POLLMONKEY.COM MAKES NO WARRANTY THAT THE SERVICE OR SITE WILL MEET MEMBER'S REQUIREMENTS OR THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, VIRUS-FREE, ERROR-FREE, ACCURATE OR RELIABLE; NOR DOES POLLMONKEY.COM MAKE ANY WARRANTY AS TO ANY INFORMATION THAT MAY BE OBTAINED THROUGH THE SERVICE OR SITE OR THAT DEFECTS IN THE SOFTWARE FOR THE SERVICE WILL BE CORRECTED OR THAT THE SITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

MEMBER UNDERSTANDS AND AGREES THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH USE OF THE SERVICE OR SITE IS DONE AT MEMBER'S OWN DISCRETION AND RISK AND THAT MEMBER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO MEMBER'S COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL OR DATA.

POLLMONKEY.COM MAKES NO WARRANTY REGARDNG ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH THE SERVICE OR SITE OR ANY TRANSACTIONS ENTERED INTO THROUGH OR BASED UPON THE SERVICE OR THE SITE.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY MEMBER FROM THE SERVICE OR SITE OR THROUGH THE SERVICE OR SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

9. LIMITATION OF LIABILITY.
TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, NEITHER POLLMONKEY.COM NOR ANY PARENT ENTITIES, SUBSIDIARIES, AFFILIATES, OFFICERS OR EMPLOYEES SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF MEMBER'S ACCESS TO, USE OF, INABILITY TO USE, OR RELIANCE ON THE SERVICE OR ANY POLLS, POLL RESPONSES OR POLL RESULTS, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF MEMBER IS DISSATISFIED WITH THE SERVICE, THE MATERIALS AVAILABLE ON OR THROUGH THE SERVICE OR THE SITE, OR WITH ANY OF THE TERMS OF AGREEMENT, MEMBER'S SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICE AND LEAVE THE SITE IMMEDIATELY.

10. NO SPAMMING.
Member acknowledges and agrees that PollMonkey.com is serving as "poll host" and is not the sender or originator of any poll. From time to time, PollMonkey.com may solicit feedback on services provided by the site. Member warrants and promises that Member either has an ongoing business or personal relationship with or has obtained consents to send emails inviting participation in a poll to the persons on the Member's own email list or such lists purchased from a third party. Member further warrants that Member's use of the Site or Service will not violate any spamming, junk mail or other related laws or regulations prohibiting or discouraging unsolicited mail. When the Member enters email information for poll recipients or establishs email lists in the personal Address Book, that information remains untouched and private. The Member's password protects that information. PollMonkey.com never discloses that information and if it ever wanted to, PollMonkey.com would get express approval from the Member. However, if the Member breaches the Terms of Agreement, PollMonkey.com will report such conduct to the appropriate authorities and turn over any and all information, including personally identifying information, to appropriate persons or entities.

11. OTHER PROHIBITED USES.
Member agrees not to transmit through the Service or the Site any pornographic, obscene, offensive, threatening, harassing, libelous, hate-oriented, harmful, defamatory, racist, illegal or otherwise objectionable material or content. Member shall not send any transmission that attempts to hide Member's identity or represents Member as someone else. Any attempt by Member to transmit, publish or distribute material or content that promotes, provides or relates to instructional information about illegal activities or promotes physical harm or injury against any individual or group is strictly forbidden. Member specifically agrees not to use the Service or the Site to send any materials, including polls and requests to take polls, to any persons under 18 years of age unless and until the member has taken and follows all necessary action and compliance pursuant to state and federal laws. Member agrees not to upload or distribute in any way any files that contain viruses, corrupted files or any similar software or programs that may damage the operation of anyone else's computer, the Service or the Site. Member agrees not to interfere or disrupt networks connected to the Service and the Site. Any attempt by Member to gain unauthorized access to any computer system, including accounts, lockers or databases maintained by and for PollMonkey.com, is strictly forbidden. Member agrees to comply with all applicable laws relating to such conduct. Member agrees to comply with all laws, rules and regulations regarding transmission of technical data exported from the United States. If Member engages in any activity set forth in this paragraph or violates any terms or conditions of the Terms of Agreement, Member's account will be terminated and use of the Service and Site prohibited. PollMonkey.com will report such conduct to the appropriate authorities and turn over any and all information, regarding such activity to appropriate persons or entities.

12a. PROPRIETARY RIGHTS.
PollMonkey.com owns the content, including the graphics, names, text, software, music, videos, sound, pictures, compilations, poll templates, polls, poll responses, poll results, related poll data, page layout, design, processes, procedures, magnetic translation, digital conversion or other material contained in the Service and the Site. It is all protected by copyrights, trademarks, service marks, patents, or other proprietary rights and laws. No one may copy, reproduce, distribute in any way, or decompile, reverse engineer or disassemble the content. Member is permitted the limited license to use the content of the Service and the Site as authorized herein to create polls and view poll responses and poll results for Member's personal use as an end product only, and Member must at all times maintain PollMonkey.com's 'Powered by PollMonkey.com' on the product in any form or medium. Members assume the risk of disclosing their polls, poll responses, poll results and related poll data to third parties. Modification or use of the content in any other way is a violation of copyright and other proprietary laws. No one may copy, reproduce, transmit, post, distribute or create derivative works from this Site without prior express authorization.

12b. NO MISAPPROPRIATION OR MISUSE OF NAMES, MARKS, OTHER PROPRIETARY MATERIAL.
Member agrees not to use, misuse or misappropriate any brand names, trademarks, service marks, patents, images, text or other proprietary material or content of another on or through the Service or the Site. If Member uses any such proprietary material or content, by doing so, Member warrants that Member has the right and authority to do so.

12c. DATABASE AND STORAGE OF POLLS, RESPONSES AND RELATED POLL DATA.
From time to time, PollMonkey.com may purge the database without notice. PollMonkey.com also stores polls, poll responses, poll results and related poll data. This information is regularly purged and PollMonkey.com shall not be responsible for purging, deleting or failing to store data, polls, poll responses or poll results, whether or not located in Members' poll locker. PollMonkey.com may from time to time publish notices regarding the maximum allowable memory space, number of entries allowed in the Address Book, number of poll respondents, number of polls or number of poll questions that may be created, saved, sent or used through the Site.

13. LINKS AND ADVERTISERS.
PollMonkey.com may provide advertising space and/or links and pointers to Internet sites maintained by third parties. PollMonkey.com has not reviewed all of the third party sites nor reviewed any products or services they may provide. PollMonkey.com is not responsible for nor does it endorse the contents or any products or services of such third parties or their sites. POLLMONKEY.COM DOES NOT CONTROL IN ANY RESPECT ANY INFORMATION, PRODUCTS OR SERVICES OFFERED OR SUGGESTED BY THIRD PARTIES ON THE SITE. POLLMONKEY.COM DOES NOT ENDORSE OR OTHERWISE WARRANT OR GUARANTEE THE PRODUCTS OR SERVICES THAT ARE EITHER ADVERTISED ON THE SITE OR CONNECTED BY LINK.

14. TERMINATION.
These terms of Agreement may be terminated by either party hereto at any time. PollMonkey.com shall not be liable to Member or any third party in any manner for termination of the Service. If member does not use the account for 90 days or more, the member's account will be terminated and removed from our systems. In the event Member should become dissatisfied with the Terms of Agreement or any modifications thereof, or with the Service or the Site, Member's only recourse is to discontinue use of the Service, terminate the membership and give notice of these actions. Upon termination, Member's right to use the Service and the Site cease immediately and PollMonkey.com shall have no obligation whatsoever to forward any polls, poll responses or poll results to Member.

15. INDEMNIFICATION.
Member agrees to defend, indemnify and hold harmless PollMonkey.com, its parent entities, subsidiaries, affiliates, officers, and employees, for any and all claims and demands, including attorney's fees, due to or arising from Member's use of the Service, polls, poll responses, poll results and any other conduct related in any way to the Service or the Site, including but not limited to breaching any warranty or provision contained in these Terms of Agreement.

16. JURISDICTION.
The Terms of Agreement and the relationship between Member and PollMonkey.com shall be treated as if entered into and executed in the State of Wisconsin and shall be governed and construed in accordance with the laws of the State of Wisconsin, without regard to conflict of law principles. Member agrees to submit to personal and exclusive jurisdiction and venue of the courts in the counties of Milwaukee, Wisconsin USA. PollMonkey.com makes no representation that the materials and content on the Site or relating to the Services are appropriate or available for use in other locations, and accessing them from territories where their contents are illegal is strictly forbidden. Those who access the Services or the Site from other locations do so on their own initiative and at their own risk and are responsible for compliance with local laws. Any claim or demand under the Terms of Agreement must be made within 1 year of the occurrence.

17. NATURE OF AGREEMENT.
Member agrees that the registration procedure, account set-up and subsequent activation of the "Submit" button constitute agreement to the Terms of Agreement. Further, the Terms of Agreement is the entire and only agreement between the parties and supersedes any prior or other understandings, representations or warranties. Member agrees that each use of the Services and the Site reaffirms Member's acknowledgment and agreement to the Terms of Agreement.

18. GENERAL PROVISIONS.
In any dispute arising from the relationship between Member and PollMonkey.com or the Terms of Agreement, the prevailing party shall be entitled to reasonable attorney's fees and costs. The failure by PollMonkey.com to enforce any right or provision under the Terms of Agreement shall not constitute a waiver of that provision or any other provision of the Terms of Agreement. If any provision of the Terms of Agreement shall be determined to be invalid or unenforceable by a court of competent jurisdiction, the other provisions of the Terms of Agreement shall remain in full force and effect.