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PureSample User Agreement
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- Data Submission
Panelist data submitted to PureSample (the "Data") will be used for the purposes of identifying survey respondents to be excluded from taking surveys. You hereby represent and warrant (a) that the Data you provide to PureSample is true and accurate to the best of your knowledge (b) that you have the authority to submit the Data to be compiled, used and disclosed by PureSample in its discretion, and (c) that you have a dispute resolution in place to resolve disputes relating to the Data you submit to PureSample.
- Fraudulent Activity
Without limiting any other remedies, indemnities or causes of action available to PureSample, its suppliers or affiliates, if you are determined to have engaged in fraudulent activity in connection with our site, services or accounts (including without limitation furnishing false or misleading data or engaging in any activities not in good faith) or if you otherwise breach this Agreement, PureSample may suspend, terminate or delete your account(s) and seek any other available remedies.
- Breach
We may immediately issue a warning, temporarily suspend, indefinitely suspend or terminate your participation in PureSample, if you breach this Agreement or if we are unable to verify or authenticate any information you provide to us.
- No Warranty
WE AND OUR SUPPLIERS PROVIDE THE PureSample WEB SITE AND OUR SERVICES ''AS IS'' AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS OR IMPLIED. WE AND OUR SUPPLIERS SPECIFICALLY DISCLAIM THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. Some states/countries do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you. This warranty gives you specific legal rights and you may also have other legal rights which vary from state to state.
- Liability
OUR LIABILITY, AND THE LIABILITY OF OUR SUPPLIERS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO $100. Some states/countries do not allow the limitation of liability, so the foregoing limitation may not apply to you.
- General Compliance with Laws
You shall comply with all applicable laws, statutes, ordinances and regulations regarding your use of our service.
- No Agency
You and PureSample are independent contractors, and no agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship is intended or created by this Agreement.
- Notices
Except as explicitly stated otherwise, any notices shall be given by email to info@puresample.com or to the email address you provide to PureSample during the registration process (in your case), or such other address as the party shall specify. Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give you notice by certified mail, postage prepaid and return receipt requested, to the address provided to PureSample during the registration process. In such case, notice shall be deemed given 3 days after the date of mailing.
- Arbitration
Any controversy or claim arising out of or relating to this Agreement, the Privacy Policy or Data shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. You agree that you may not bring any dispute or claim as a class action or as a private attorney general, and you agree not to act as a class representative or participate as a member of a class of claimants with respect to any dispute or claim arising out of or relating to this Agreement, the Privacy Policy or Data. The arbitration shall be conducted in Seattle, Washington, and judgment on the arbitration award may be entered into any court having jurisdiction.
- Indemnification
You agree to indemnify and defend PureSample for any claim (including attorney's fees and costs) arising from your (a) use of PureSample, (b) violation of any third party right, or (c) breach of any term or condition of this agreement. You agree to cooperate as reasonably required in the defense of any claim. PureSample reserves the right at its own expense to assume the exclusive defense and control of any matter otherwise subject to indemnification under this section and in any event you agree not to settle any such matter without the prior written consent of PureSample.
- General
This Agreement shall be governed in all respects by the laws of the U.S. State of Washington as such laws are applied to agreements entered into and to be performed entirely within the U.S. state of Washington. We do not guarantee continuous, uninterrupted or secure access to our services, and operation of our site may be interfered with by numerous factors outside of our control. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. This Agreement sets forth the entire understanding and agreement between us with respect to the subject matter hereof. PureSample may modify this Agreement in it's discretion, and you agree that your continued of the PureSample service is acceptance of any such modification.
- Disclosures
The services hereunder are offered by PureSample, a subsidiary of:
Global Market Insite, Inc.,
2835 82nd Ave SE,
Suite S100,
Mercer Island, WA, 98040.
Further information may be obtained by writing to this address.
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