OpinionJungle Website Terms and Conditions
PLEASE READ THESE "TERMS AND CONDITIONS" CAREFULLY. BY ACCESSING THE OPINIONJUNGLE.COM WEBSITE, AND ITS AFFILIATES, (THE "WEBSITE") YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS, YOU ARE NOT PERMITTED TO ACCESS THE WEBSITE.
THE WEBSITE IS PROVIDED TO YOU BY OPINIONJUNGLE, LLC, OR BY, OR ON BEHALF OF, ONE OF ITS SUBSIDIARIES OR AFFILIATES (COLLECTIVELY “OPINIONJUNGLE").
OPINIONJUNGLE RESERVES THE RIGHT TO MODIFY THESE TERMS AND CONDITIONS, EXCEPT THE ARBITRATION CLAUSE, AT ANY TIME WITHOUT NOTICE BY POSTING THE MODIFIED TERMS AND CONDITIONS ON THE WEBSITE. BY USING THE WEBSITE, YOU AGREE TO BE BOUND BY ANY SUCH REVISIONS. YOU SHOULD PERIODICALLY VISIT THIS PAGE TO DETERMINE THE THEN CURRENT TERMS AND CONDITIONS TO WHICH YOU ARE BOUND.
1. Copyrights and Trademarks
The Website and its content are the proprietary intellectual property of OpinionJungle. You are not granted any right or license under any copyright, trademark, service mark, patent or other intellectual property right in the information, services, processes or technology of OpinionJungle. All such rights are retained by OpinionJungle (and/or any third party owner of such rights).
The works of authorship contained in the Website, including but not limited to, all design, graphics, logos, text, sound recordings, images, digital downloads, data compilations, and software (the “Protected Material”), are owned, except as otherwise expressly stated, by OpinionJungle and protected by United States and international copyright laws. The compilation of all content on this site is the exclusive property of OpinionJungle and protected by U.S. and international copyright laws. All software used on this site is the property of OpinionJungle or its software suppliers and protected by United States and international copyright laws. You agree not to copy, transmit, display, perform, distribute (for compensation or otherwise), license, alter, frame, store for subsequent use or otherwise use, the Protected Material, in whole or in part.
The names and logos owned by OpinionJungle as well as its product and service names, design marks and slogans are the trademarks or service marks of OpinionJungle. You agree not to copy, use, or otherwise exploit any trademark, service mark, intellectual property name or any mark of OpinionJungle or any third party utilized on the Website in any manner.
One or more patents owned by OpinionJungle may apply to this site and to the features and services accessible via the site. Portions of this site may operate under license of one or more patents.
3. Links to Third Party Websites
The Website may incorporate links to other websites maintained by unaffiliated third parties. These websites are neither owned by, nor under the control of OpinionJungle. You agree not to hold OpinionJungle responsible for the contents of any third party website. We provide such links as a convenience to our Website users and the inclusion of any link does not imply our endorsement of a particular website or any association with its operators or owners.
4. Third Party Services
OpinionJungle does not endorse, warrant, or guarantee any product, information or service offered by a third party through the Website, and does not in any way monitor any contact or transaction between any user of the Website and any such third party provider.
5. Use of the Website
The information found on the Website may be used by you for your personal use only. You agree not to use the Website to attempt to gain unauthorized access to any servers controlled by OpinionJungle or any affiliate. You agree not to use the Website for any malicious purpose, which in OpinionJungle’s sole opinion, includes but is not limited to, attempting to interfere or disrupt the server or network, which the Website is connected to. You also agree not to attempt to, or otherwise, access records of any other person contained in or via the Website.
OpinionJungle grants you a limited license to access and make personal use of this site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of OpinionJungle. This license does not include any resale or commercial use of this site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this site or its contents; any downloading or copying of account information; or any use of data mining, robots, or similar data gathering and extraction tools. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of OpinionJungle. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of OpinionJungle without express written consent. You may not use any meta tags or any other "hidden text" utilizing OpinionJungle's name or trademarks without the express written consent of OpinionJungle. Any unauthorized use terminates the permission or license granted by OpinionJungle. You may not use any OpinionJungle logo or other proprietary graphic or trademark as part of the link without express written permission.
6. Your Account
If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. If you are under 18, you may use opinionjungle.com only with involvement and consent of a parent or guardian. OpinionJungle reserves the right to refuse service, terminate accounts, or remove or edit content.
You further represent, warrant and covenant that:
- You will not provide any false personal information on OpinionJungle, or create an account for anyone other than yourself without permission.
- You will not create more than one personal profile.
- If we disable your account, you will not create another one without our permission.
- You will not use your personal profile for your own commercial gain.
- You will not use OpinionJungle if you are under 13.
- You will not use OpinionJungle if you are a convicted sex offender.
- You will keep your contact information accurate and up-to-date.
- You will not share your password, let anyone else access your account, or do anything else that might jeopardize the security of your account.
- You will not transfer your account to anyone without first getting our written permission.
- If you select a username for your account we reserve the right to remove or reclaim it if we believe appropriate (such as when a trademark owner complains about a username that does not closely relate to a user's actual name).
- You will not post content or take any action on OpinionJungle that infringes or violates someone else's rights or otherwise violates the law.
- You will not post anyone's identification documents or sensitive financial information on OpinionJungle.
7. Your Representations
You represent, warrant and covenant that: (a) all information you enter into the Website related to the products or services will be accurate and complete; (b) you will verify and remain solely responsible for all instructions and information entered into the Website; (c) you will not upload, transmit, distribute or otherwise publish through the Website any materials that contain a virus, worm or other harmful component or that would cause the Website to malfunction or harm other users; and (d) you will not decompile, reverse engineer, disassemble or unlawfully use or reproduce any of the software or other copyrighted or trademarked material, trade secrets or other proprietary information contained in the Website.
8. Recommendations, Comments, and Other Content
Visitors may post recommendations, comments, photos, and other content; send communications; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam." You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. OpinionJungle reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content.
If you do post content or submit material, and unless we indicate otherwise, you grant OpinionJungle a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant OpinionJungle and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify OpinionJungle for all claims resulting from content you supply. OpinionJungle has the right but not the obligation to monitor and edit or remove any activity or content. OpinionJungle takes no responsibility and assumes no liability for any content posted by you or any third party.
10. Transmissions of Data.
You acknowledge that transmissions to and from the Website may be read or intercepted by others. You acknowledge that by submitting communications through the Website, no confidential, contractually implied or other relationship is created between you and OpinionJungle other than pursuant to these Terms and Conditions.
When you visit opinionjungle.com or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
11. Potential Disruption of Service
Although OpinionJungle strives to maintain communication with its clients, access to the Website may from time to time be unavailable, delayed, limited or slowed due to a variety of reasons, including, but not limited to, hardware failure, failures of computers (including your own computer), servers, networks, telecommunication lines and connections, and other electronic and mechanical equipment; software failure, including among other things, bugs, errors, viruses, configuration problems, incompatibility of systems, utilities or applications, the operation of firewalls or screening programs, unreadable codes, or irregularities within particular documents or other content; overload of system capacities; damage caused by severe weather, earthquakes, wars, insurrection, riots, civil commotion, act of God, accident, fire, water damage, explosion, mechanical breakdown or natural disasters; interruption (whether partial or total) of power supplies or other utility of service; strike or other stoppage (whether partial or total) of labor; governmental or regulatory restrictions, exchange rulings, court or tribunal orders or other human intervention; or any other cause (whether similar or dissimilar to any of the foregoing) whatsoever (collectively a “Potential Disruption of Service”). You agree not to hold OpinionJungle liable for any Potential Disruption of Service.
12. Discontinuance/Modification of Service
These Terms and Conditions shall remain in full force and effect unless terminated, suspended, modified, or canceled by OpinionJungle, in OpinionJungle’s sole discretion.
OpinionJungle or its suppliers may discontinue or make changes to the information, products or services described herein at any time without prior notice to you. OpinionJungle does not undertake any obligation or responsibility to update or amend any information. OpinionJungle offers the Website as a convenience and OpinionJungle reserves the right to terminate any or all Website offerings or transmissions without prior notice to you. Furthermore, by offering the Website and information, products or services via the Website, no distribution or solicitation is made by OpinionJungle to any person to use the Website or such information, products or services in jurisdictions where the provision of the Website and such information, products or services is prohibited by law.
13. Disclaimer of Warranties
THE WEBSITE (INCLUDING ALL INFORMATION AND MATERIALS CONTAINED ON THE WEBSITE) IS PROVIDED “AS IS WITH ALL FAULTS” AND “AS AVAILABLE”. OpinionJungle DOES NOT PROVIDE ANY WARRANTIES, EXPRESS OR IMPLIED, OR REPRESENTATIONS REGARDING THE WEBSITE. OpinionJungle HEREBY DISCLAIMS ALL WARRANTIES AND REPRESENTATIONS OF ANY KIND WITH REGARD TO THE WEBSITE, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, FREEDOM FROM VIRUSES OR OTHER HARMFUL CODE, OR FITNESS FOR ANY PARTICULAR PURPOSE. OpinionJungle DOES NOT WARRANT THE ACCURACY, ADEQUACY, USEFULNESS OR COMPLETENESS OF THE INFORMATION AND MATERIALS CONTAINED ON THE WEBSITE AND YOU AGREE NOT TO HOLD OpinionJungle LIABLE FOR ERRORS OR OMISSIONS IN THE MATERIALS AND INFORMATION. FURTHERMORE, YOU AGREE TO RELEASE OpinionJungle FROM LIABILITY FOR ANY DELAY, DIFFICULTY IN USE, COMPUTER VIRUSES, MALICIOUS CODE, OR OTHER DEFECT IN THE WEBSITE, ANY INCOMPATIBILITY BETWEEN THE WEBSITE AND THE USER'S FILES AND THE USER'S BROWSER OR OTHER SITE ACCESSING PROGRAM, OR ANY OTHER PROBLEMS. NO LICENSE TO THE USER IS IMPLIED IN THESE DISCLAIMERS. NOTHING HEREIN SHALL BE CONSTRUED AS LIMITING OR REDUCING OpinionJungle’S RESPONSIBILITIES AND OBLIGATIONS TO CLIENTS IN ACCORDANCE WITH APPLICABLE LAWS AND REGULATIONS.
14. Limitation of Liability
TO THE EXTENT PERMITTED BY LAW YOU AGREE THAT, THE MAXIMUM AGGREGATE LIABILITY OF OpinionJungle TO YOU OR ANY CLAIMS MADE BY, THROUGH, OR UNDER YOU ARISING OUT OF YOUR USE OF THE WEBSITE WILL BE $250. YOU AGREE THAT OpinionJungle WILL NOT BE HELD LIABLE TO YOU, OR ANY CLAIM MADE BY, THROUGH, OR UNDER YOU FOR, ANY DAMAGES, OTHER THAN DIRECT DAMAGES, SUFFERED BY YOU, INCLUDING BUT NOT LIMITED TO (A) LOSSES ARISING FROM THE FAILURE TO RECEIVE ANY BENEFITS; (B) CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES ARISING OUT OF ANY USE OF, CHANGE, OR INABILITY TO USE THE WEBSITE; (C) LOSSES ARISING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (D) LOSSES ARISING FROM ANY RELIANCE PLACED BY YOU ON THE COMPLETENESS, ACCURACY OR EXISTENCE OF ANY INFORMATION ON THE WEBSITE; (E) LOSSES ARISING FROM YOUR FAILURE TO PROVIDE OpinionJungle WITH ACCURATE ACCOUNT INFORMATION; (F) LOSSES ARISING FROM YOUR FAILURE TO KEEP YOUR PASSWORD OR ACCOUNT DETAILS SECURE AND CONFIDENTIAL; (G) LOSS OF GOODWILL OR BUSINESS REPUTATION; (I) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES OR OTHER INTANGIBLE LOSS, OR (H) LOSS OF INFORMATION, PROGRAMS OR OTHER DATA THAT RESULT FROM ACCESS TO, USE OF, OR INABILITY TO USE THE WEBSITE OR DUE TO ANY BREACH OF SECURITY ASSOCIATED WITH THE TRANSMISSION OF INFORMATION THROUGH THE INTERNET, REGARDLESS OF WHETHER OpinionJungle HAS BEEN APPRISED OF THE LIKELIHOOD OF SUCH DAMAGES OCCURRING AND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE.
You agree to defend, indemnify and hold harmless OpinionJungle, and its respective directors, officers, shareholders, employees and agents from and against any and all claims, actions, suits, demands or proceedings, as well as any and all losses, liabilities, damages, costs and expenses (including reasonable attorneys fees) arising out of or accruing from (a) any misrepresentation made by you in connection with your use of the Website; (b) any noncompliance by you with these Terms and Conditions; and (c) claims brought by persons or entities other than the parties to this agreement arising from or related to your access and use of the Website, including the information obtained through the Website. OpinionJungle reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, but doing so shall not excuse your indemnity obligations.
16. Miscellaneous Severability.
Severability. If any provision of these Terms and Conditions is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and agree that the other provisions of these Terms and Conditions remain in full force and effect.
Entire Agreement. These Terms and Conditions constitute the entire agreement between the parties with respect to your use of the Website and supersede all previous proposals, both oral and written, negotiations, representations, writings and all other communications between the parties regarding the Website.
Section Titles. The section titles in these Terms and Conditions are for convenience only and have no legal or contractual effect.
Waiver of Class Action. To the maximum extent permitted by applicable law, you expressly waive and disclaim any right to bring any claim in any and all forums as a class action. You agree not to serve as a class representative or a member of a class in any proceeding, litigation or otherwise adverse to OpinionJungle arising out of these Terms and Conditions.
Choice of Law/Venue. THE USE OF THIS WEBSITE SHALL BE GOVERNED IN ALL RESPECTS IN ACCORDANCE WITH THE LAWS OF THE STATE OF TEXAS WITHOUT REGARD TO THE CONFLICT OR CHOICE OF LAW RULES. FEDERAL AND STATE COURTS LOCATED IN THE STATE OF TEXAS SHALL HAVE EXCLUSIVE JURISDICTION OVER ANY DISPUTE ARISING HEREUNDER. YOU AGREE TO SUBMIT TO THE PERSONAL AND EXCLUSIVE JURISDICTION OF THE TEXAS COURTS LOCATED IN HARRIS COUNTY.
Arbitration. You agree that any dispute or claim arising out of or in connection with the use of the Website or these Terms and Conditions, or the performance, breach or termination thereof, shall be finally settled by arbitration in Houston, Texas under the Commercial Arbitration Rules of the American Arbitration Association. This clause cannot be modified, except with the consent of both parties.
No Waiver. OpinionJungle's failure to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of any such right or provision.
Limitation of Actions. YOU AGREE THAT REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO YOUR USE OF THE WEBSITE OR THESE TERMS AND CONDITIONS MUST BE MADE NO LATER THAN SIXTY (60) DAYS AFTER YOU BECAME AWARE OF SUCH CLAIM OR CAUSE OF ACTION OR BE FOREVER BARRED.
Notices. You agree that OpinionJungle may provide you with notices, including any regarding changes to these Terms and Conditions, by email, regular mail, or postings on the Website.
7941 Katy Freeway
Houston, Texas 77024