Terms and condition
TERMS OF USE
1. DESCRIPTION OF SERVICE
We are currently provides users with access to a rich collection of resources, including, various communications tools,
forums, shopping services, personalized content and branded programming through its network of properties (the
"Service"). You also understand and agree that the Service may include advertisements and that these advertisements
are necessary for OnStarSurvey to provide the Service. You also understand and agree that the service may include
certain communications from OnStarSurvey, such as service announcements, administrative messages and the
OnStarSurvey Newsletter, and that these communications are considered part of OnStarSurvey membership and you
will not be able to opt out of receiving them. Unless explicitly stated otherwise, any new features that augment or
enhance the current Service, including the release of new OnStarSurvey properties, shall be subject to the Terms of
Use. You understand and agree that the Service is provided "AS-IS" and that OnStarSurvey assumes no responsibility
for the timeliness, deletion, mis- delivery or failure to store any user communications or personalization settings. You
are responsible for obtaining access to the Service and that access may involve third party fees (such as Internet
service provider or airtime charges). You are responsible for those fees, including those fees associated with the
display or delivery of advertisements. In addition, you must provide and are responsible for all equipment necessary to
access the Service.
2. YOUR REGISTRATION OBLIGATIONS
In consideration of your use of the Service, you represent that you are of legal age to form a binding contract and are
not a person barred from receiving services under the laws of the United States or other applicable jurisdiction. You
also agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Service's
registration form (such information being the "Registration Data") and (b) maintain and promptly update the
Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue,
inaccurate, not current or incomplete, or OnStarSurvey has reasonable grounds to suspect that such information is
untrue, inaccurate, not current or incomplete, OnStarSurvey has the right to suspend or terminate your account and
refuse any and all current or future use of the Service (or any portion thereof). OnStarSurvey is concerned about the
safety and privacy of all its users, particularly children. For this reason, you must be at least 13 years old to create a
OnStarSurvey account.
3. ONSTARSURVEY PRIVACY POLICY
Registration Data and certain other information about you is subject to our Privacy Policy. For more information, see our
full privacy policy at http://www.OnStarSurvey.com/privacy_policy.html
4. MEMBER ACCOUNT, PASSWORD AND SECURITY
You will receive a password and account designation upon completing the Service's registration process. You are
responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities
that occur under your password or account. You agree to (a) immediately notify OnStarSurvey of any unauthorized use
of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end
of each session. OnStarSurvey cannot and will not be liable for any loss or damage arising from your failure to comply
with this Section 5.
5. MEMBER CONDUCT
You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages or
other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person
from which such Content originated. This means that you, and not OnStarSurvey, are entirely responsible for all
Content that you upload, post, email, transmit or otherwise make available via the Service. OnStarSurvey does not
control the Content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such
Content. You understand that by using the Service, you may be exposed to Content that is offensive, indecent or
objectionable. Under no circumstances will OnStarSurvey be liable in any way for any Content, including, but not limited
to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of
any Content posted, emailed, transmitted or otherwise made available via the Service.
You agree to not use the Service to:
a. upload, post, email, transmit or otherwise make available any Content that is unlawful, threatening, abusive,
harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or
otherwise objectionable. When submitting a review of a service company you have hired you must provide only factual
information based on your personal experience;
b. harm minors in any way;
c. impersonate any person or entity, including, but not limited to, a OnStarSurvey official, forum leader, guide or host,
or falsely state or otherwise misrepresent your affiliation with a person or entity;
d. forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through
the Service;
e. upload, post, email, transmit or otherwise make available any Content that you do not have a right to make
available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and
confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
f. upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade
secret, copyright or other proprietary rights ("Rights") of any party;
g. upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional
materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;
h. upload, post, email, transmit or otherwise make available any material that contains software viruses or any other
computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or
hardware or telecommunications equipment;
i. disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other users of the Service are able to type,
or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges;
j. interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements,
procedures, policies or regulations of networks connected to the Service;
k. intentionally or unintentionally violate any applicable local, state, national or international law;
l. "stalk" or otherwise harass another; or
m. collect or store personal data about other users.
You acknowledge that OnStarSurvey may not pre-screen Content, but that OnStarSurvey and its designees shall have
the right (but not the obligation) in their sole discretion to refuse or move any Content that is available via the Service.
Without limiting the foregoing, OnStarSurvey and its designees shall have the right to remove any Content that
violates the Terms of Use or is otherwise objectionable. You agree that you must evaluate, and bear all risks
associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such
Content. In this regard, you acknowledge that you may not rely on any Content created by OnStarSurvey or submitted
to OnStarSurvey, including without limitation information in OnStarSurvey Message Boards, and in all other parts of the
Service.
You acknowledge, consent and agree that OnStarSurvey may access, preserve, and disclose your account information
and Content if required to do so by law or in a good faith belief that such access preservation or disclosure is
reasonably necessary to: (a) comply with legal process; (b) enforce the Terms of Use; (c) respond to claims that any
Content violates the rights of third-parties; (d) respond to your requests for customer service; or (e) protect the rights,
property, or personal safety of OnStarSurvey, its users and the public.
You understand that the technical processing and transmission of the Service, including your Content, may involve (a)
transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting
networks or devices.
You understand that the Service and software embodied within the Service may include security components that
permit digital materials to be protected, and use of these materials is subject to usage rules set by OnStarSurvey
and/or content providers who provide content to the Service. You may not attempt to override or circumvent any of the
usage rules embedded into the Service. Any unauthorized reproduction, publication, further distribution or public
exhibition of the materials provided on the Service, in whole or in part, is strictly prohibited.
6. CONTENT SUBMITTED OR MADE AVAILABLE FOR INCLUSION ON THE SERVICE
OnStarSurvey does not claim ownership of Content you submit or make available for inclusion on the Service. However,
with respect to Content you submit or make available for inclusion on publicly accessible areas of the Service, you grant
OnStarSurvey the following world-wide, royalty free and non-exclusive license(s), as applicable:
• With respect to Content you submit or make available for inclusion on publicly accessible areas of OnStarSurvey, the
license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such Content on the Service
solely for the purposes of providing and promoting the specific OnStarSurvey Group to which such Content was
submitted or made available. This license exists only for as long as you elect to continue to include such Content on the
Service and will terminate at the time you remove or OnStarSurvey removes such Content from the Service.
• With respect to photos, graphics, audio or video you submit or make available for inclusion on publicly accessible area
of the Service, the license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such
Content on the Service solely for the purpose for which such Content was submitted or made available. This license
exists only for as long as you elect to continue to include such Content on the Service and will terminate at the time
you remove or OnStarSurvey removes such Content from the Service.
• With respect to Content other than photos, graphics, audio or video you submit or make available for inclusion on
publicly accessible areas of the Service, the perpetual, irrevocable and fully sublicensable license to use, distribute,
reproduce, modify, adapt, publish, translate, publicly perform and publicly display such Content (in whole or in part) and
to incorporate such Content into other works in any format or medium now known or later developed.
"Publicly accessible" areas of the Service are those areas of the OnStarSurvey network of properties that are intended
by OnStarSurvey to be available to the general public. By way of example, publicly accessible areas of the Service
would include OnStarSurvey Message Boards that are open to both members and visitors.
7. INDEMNITY
You agree to indemnify and hold OnStarSurvey, and its subsidiaries, affiliates, officers, agents, co-branders or other
partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third
party due to or arising out of Content you submit, post, transmit or make available through the Service, your use of the
Service, your connection to the Service, your violation of the Terms of Use, or your violation of any rights of another.
8. NO RESALE OF SERVICE
You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of
the Service (including your OnStarSurvey I.D.), use of the Service, or access to the Service.
9. GENERAL PRACTICES REGARDING USE AND STORAGE
You acknowledge that OnStarSurvey may establish general practices and limits concerning use of the Service, including
without limitation the maximum number of days that email messages, message board postings or other uploaded
Content will be retained by the Service, the maximum number of email messages that may be sent from or received by
an account on the Service, the maximum size of any email message that may be sent from or received by an account
on the Service, the maximum disk space that will be allotted on OnStarSurvey's servers on your behalf, and the
maximum number of times (and the maximum duration for which) you may access the Service in a given period of time.
You agree that OnStarSurvey has no responsibility or liability for the deletion or failure to store any messages and
other communications or other Content maintained or transmitted by the Service. You acknowledge that OnStarSurvey
reserves the right to log off accounts that are inactive for an extended period of time. You further acknowledge that
OnStarSurvey reserves the right to modify these general practices and limits from time to time.
10. MODIFICATIONS TO SERVICE
OnStarSurvey reserves the right at any time and from time to time to modify or discontinue, temporarily or
permanently, the Service (or any part thereof) with or without notice. You agree that OnStarSurvey shall not be liable
to you or to any third party for any modification, suspension or discontinuance of the Service.
11. TERMINATION
You agree that OnStarSurvey may, under certain circumstances and without prior notice, immediately terminate your
OnStarSurvey account, any associated email address, and access to the Service. Cause for such termination shall
include, but not be limited to, (a) breaches or violations of the Terms of Use or other incorporated agreements or
guidelines, (b) requests by law enforcement or other government agencies, (c) a request by you (self-initiated account
deletions), (d) discontinuance or material modification to the Service (or any part thereof), (e) unexpected technical or
security issues or problems, and (f) extended periods of inactivity. Termination of your OnStarSurvey account includes
(a) removal of access to all offerings within the Service, (b) deletion of your password and all related information, files
and content associated with or inside your account (or any part thereof), and (c) barring further use of the Service.
Further, you agree that all terminations for cause shall be made in OnStarSurvey's sole discretion and that
OnStarSurvey shall not be liable to you or any third-party for any termination of your account, any associated email
address, or access to the Service.
12. DEALINGS WITH ADVERTISERS
Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the
Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or
representations associated with such dealings, are solely between you and such advertiser. You agree that
OnStarSurvey shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such
dealings or as the result of the presence of such advertisers on the Service.
13. LINKS
The Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because
OnStarSurvey has no control over such sites and resources, you acknowledge and agree that OnStarSurvey is not
responsible for the availability of such external sites or resources, and does not endorse and is not responsible or
liable for any Content, advertising, products, or other materials on or available from such sites or resources. You
further acknowledge and agree that OnStarSurvey shall not be responsible or liable, directly or indirectly, for any
damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods
or services available on or through any such site or resource.
14. ONSTARSURVEY'S PROPRIETARY RIGHTS
You acknowledge and agree that the Service and any necessary software used in connection with the Service
("Software") contain proprietary and confidential information that is protected by applicable intellectual property and
other laws. You further acknowledge and agree that Content contained in sponsor advertisements or information
presented to you through the Service or advertisers is protected by copyrights, trademarks, service marks, patents or
other proprietary rights and laws. Except as expressly authorized by OnStarSurvey or advertisers, you agree not to
modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Software, in whole or in
part.
OnStarSurvey grants you a personal, non-transferable and non- exclusive right and license to use the object code of
its Software on a single computer; provided that you do not (and do not allow any third party to) copy, modify, create a
derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign,
sublicense, grant a security interest in or otherwise transfer any right in the Software. You agree not to modify the
Software in any manner or form, or to use modified versions of the Software, including (without limitation) for the
purpose of obtaining unauthorized access to the Service. You agree not to access the Service by any means other than
through the interface that is provided by OnStarSurvey for use in accessing the Service.
15. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
a. YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE"
BASIS. ONSTARSURVEY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED,
INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE AND NON- INFRINGEMENT.
b. ONSTARSURVEY MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL
BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE
SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER
MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (V) ANY
ERRORS IN THE SOFTWARE WILL BE CORRECTED.
c. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN
DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR
LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
d. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM ONSTARSURVEY OR THROUGH
OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS OF USE.
e. A SMALL PERCENTAGE OF USERS MAY EXPERIENCE EPILEPTIC SEIZURES WHEN EXPOSED TO CERTAIN LIGHT
PATTERNS OR BACKGROUNDS ON A COMPUTER SCREEN OR WHILE USING THE SERVICE. CERTAIN CONDITIONS MAY
INDUCE PREVIOUSLY UNDETECTED EPILEPTIC SYMPTOMS EVEN IN USERS WHO HAVE NO HISTORY OF PRIOR SEIZURES
OR EPILEPSY. IF YOU, OR ANYONE IN YOUR FAMILY, HAVE AN EPILEPTIC CONDITION, CONSULT YOUR PHYSICIAN PRIOR
TO USING THE SERVICE. IMMEDIATELY DISCONTINUE USE OF THE SERVICE AND CONSULT YOUR PHYSICIAN IF YOU
EXPERIENCE ANY OF THE FOLLOWING SYMPTOMS WHILE USING THE SERVICE -- DIZZINESS, ALTERED VISION, EYE OR
MUSCLE TWITCHES, LOSS OF AWARENESS, DISORIENTATION, ANY INVOLUNTARY MOVEMENT, OR CONVULSIONS.
16. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT ONSTARSURVEY SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT,
INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO,
DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF ONSTARSURVEY HAS
BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE
SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA,
INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO
THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA;
(iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE
SERVICE.
17. EXCLUSIONS AND LIMITATIONS
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION
OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF
SECTIONS 15 AND 16 MAY NOT APPLY TO YOU.
18. NO THIRD PARTY BENEFICIARIES
You agree that, except as otherwise expressly provided in this Terms of Use, there shall be no third party beneficiaries
to this Agreement.
19. NOTICE
OnStarSurvey may provide you with notices, including those regarding changes to the Terms of Use, by either email,
regular mail, or postings on the Service.
20. TRADEMARK INFORMATION
OnStarSurvey, the OnStarSurvey logo and other OnStarSurvey logos and product and service names are trademarks of
OnStarSurvey (the "OnStarSurvey Marks"). Without OnStarSurvey's prior permission, you agree not to display or use in
any manner, the OnStarSurvey Marks.
21. GENERAL INFORMATION
Entire Agreement. The Terms of Use constitute the entire agreement between you and OnStarSurvey and govern your
use of the Service, superceding any prior agreements between you and OnStarSurvey. You also may be subject to
additional terms and conditions that may apply when you use or purchase certain other OnStarSurvey services, affiliate
services, third-party content or third-party software.
Choice of Law and Forum. The Terms of Use and the relationship between you and OnStarSurvey shall be governed by
the laws of the State of Texas without regard to its conflict of law provisions. You and OnStarSurvey agree to submit to
the personal and exclusive jurisdiction of the courts located within the county of Philadelphia, Pennsylvania.
Waiver and Severability of Terms. The failure of OnStarSurvey to exercise or enforce any right or provision of the Terms
of Use shall not constitute a waiver of such right or provision. If any provision of the Terms of Use 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 the other provisions of the Terms of Use remain in full force and
effect.
No Right of Survivorship and Non-Transferability. You agree that your OnStarSurvey account is non-transferable and
any rights to your OnStarSurvey I.D. or contents within your account terminate upon your death. Upon receipt of a
copy of a death certificate, your account may be terminated and all contents therein permanently deleted.
Statute of Limitations. You agree that regardless of any statute or law to the contrary, any claim or cause of action
arising out of or related to use of the Service or the Terms of Use must be filed within one (1) year after such claim or
cause of action arose or be forever barred.
The section titles in the Terms of Use are for convenience only and have no legal or contractual effect.
22. VIOLATIONS
Please report any violations of the Terms of Use to our Support Team.
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