The following Terms of Use outline your obligations when using the OpinionWell website. You can also review our Privacy Policy, which outlines our obligations and practices towards handling any personal information that you may provide to us.

1. ACCEPTANCE OF TERMS

The web pages available at opinionwell.com, and all linked pages ("Site"), are owned and operated by OpinionWell, LLC. ("Opinionwell"), a Washington company, and is accessed by you under the Terms of Use described below ("Terms of Use").

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THE SERVICES. BY ACCESSING THIS SITE OR USING ANY PART OF THE SITE OR ANY CONTENT OR SERVICES (AS EACH IS DEFINED BELOW) ON THE SITE, YOU AGREE TO BECOME BOUND BY THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO ALL THE TERMS AND CONDITIONS, THEN YOU MAY NOT ACCESS THE SITE OR USE THE CONTENT OR ANY SERVICES IN THE SITE. OPINIONWELL'S ACCEPTANCE IS EXPRESSLY CONDITIONED UPON YOUR ASSENT TO ALL OF THESE TERMS AND CONDITIONS, TO THE EXCLUSION OF ALL OTHER TERMS; IF THESE TERMS AND CONDITIONS ARE CONSIDERED AN OFFER BY OPINIONWELL, ACCEPTANCE IS EXPRESSLY LIMITED TO THESE TERMS.

2. MODIFICATIONS OF TERMS OF USE

OpinionWell reserves the right, at its sole discretion, to modify or replace the Terms of Use at any time. If the alterations constitute a material change to the Terms of Use, OpinionWell will notify you by posting an announcement on the Site. What constitutes a "material change" will be determined at OpinionWell's sole discretion, in good faith and using common sense and reasonable judgment. You shall be responsible for reviewing and becoming familiar with any such modifications. Use of the Services by you following such notification constitutes your acceptance of the terms and conditions of the Terms of Use as modified.

3. DESCRIPTION OF SERVICE

Subject to full compliance with the Terms of Use, OpinionWell may offer to provide certain services and content, as described more fully on the Site, ("Services"). Services shall include, but not be limited to, any service and content OpinionWell performs for you, as well as the offering of any materials displayed, transmitted or performed on the Site or through the Services (including, but not limited to text, user comments, messages, information, data, graphics, news articles, photographs, images, illustrations, software, audio clips and video clips, also known as the "Content"). OpinionWell may change, suspend or discontinue the Services including any Content for any reason, at any time, including the availability of any feature or content. OpinionWell may also impose limits on certain features and services or restrict your access to parts or all of the Services without notice or liability.

4. USER CONDUCT

As a condition of use, you promise not to use the Services for any purpose that is unlawful or prohibited by these Terms of Use, or any other purpose not reasonably intended by OpinionWell.

By way of example, and not as a limitation, you agree not to use the Services:

1. to abuse, harass, threaten, impersonate or intimidate other OpinionWell users;
2. to post or transmit, or cause to be posted or transmitted, any Content that is infringing, libelous, defamatory, obscene, pornographic, abusive, offensive, profane, or otherwise violates any law or right of any third party;
3. for any illegal or unauthorized purpose. If you are an international user, you agree to comply with all local laws regarding online conduct and acceptable content;
4. to post or transmit, or cause to be posted or transmitted, any communication or solicitation designed or intended to obtain private information from any OpinionWell user;
5. to create or submit unwanted email ("Spam") to any other OpinionWell users or any URL;
6. to violate any laws in your jurisdiction (including but not limited to copyright laws);
7. to submit stories or comments linking to affiliate programs, multi-level marketing schemes, sites/blogs repurposing existing stories (source hops), or off-topic content;
8. with the exception of accessing RSS feeds, you will not use any robot, spider, scraper or other automated means to access the Site for any purpose without our express written permission. Additionally, you agree that you will not: (i) take any action that imposes, or may impose in our sole discretion an unreasonable or disproportionately large load on our infrastructure; (ii) interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site; or (iii) bypass any measures we may use to prevent or restrict access to the Site;
9. with the intention of artificially inflating or altering the ‘votes’, comments, or any other OpinionWell service, including by way of creating separate user accounts for the purpose of artificially altering OpinionWell's services; giving or receiving money or other remuneration in exchange for votes; or participating in any other organized effort that in any way artificially alters the results of OpinionWell's services;
10. to advertise to, or solicit, any user to buy or sell any products or services. It is also a violation of these rules to use any information obtained from the Services in order to contact, advertise to, solicit, or sell to any user without their prior explicit consent;
11. attempt to impersonate another user or person;
12. sell or otherwise transfer your profile.

IN ADDITION, YOU HEREBY AGREE THAT YOU SHALL NOT USE THE SERVICE ON BEHALF OF (OR PER THE REQUEST OR INSTRUCTION OF) ANY THIRD PARTY. FURTHERMORE, YOU SHALL NOT REQUEST THAT ANY THIRD PARTY, OR PAY OR OTHERWISE ATTEMPT TO INFLUENCE ANY THIRD TO, MANIPULATE OR OTHERWISE AFFECT THE SITE IN ANY MANNER.

OpinionWell may remove any Content and OpinionWell accounts at any time for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content), or for no reason at all. To report Terms of Use abuse, please email: support@OpinionWell.com

You are solely responsible for your interactions with other users of the Site. OpinionWell reserves the right, but has no obligation, to monitor disputes between you and other users.

5. Unsolicited Materials

By creating and posting Content to OpinionWell, you warrant that you own all rights to the Content, agree that the Content will be dedicated to the public domain under the Creative Commons Public Domain Dedication, available at http://creativecommons.org/publicdomain/zero/1.0/ and that you will not object to the use of the Content by OpinionWell in any context. To clarify, the above does not apply to the Content on external sites linked to by the original submission.

6. Claims of Copyright Infringement

OpinionWell respects the intellectual property rights of others, and asks that everyone using the Services do the same. Anyone who believes that their work has been reproduced on the Services in a way that constitutes copyright infringement may notify OpinionWell's copyright agent in accordance with Title 17, United States Code, Section 512(c)(2), by providing the following information:

1. Identification of the copyrighted work that you claim has been infringed;
2. Identification of the material that you claim is infringing and needs to be removed, including a description of where it is located on the Services so that the copyright agent can locate it;
3. Your address, telephone number, and, if available, e-mail address, so that the copyright agent may contact you about your complaint; and
4. A signed statement that the above information is accurate; that you have a good faith belief that the identified use of the material is not authorized by the copyright owner, its agent, or the law; and, under penalty of perjury, that you are the copyright owner or are authorized to act on the copyright owner's behalf in this situation.

7. PRIVACY POLICY

OpinionWell's current privacy policy is available at http://www.opinionwell.com/privacypolicy.aspx (the "Privacy Policy"), which is incorporated by this reference.

8. INDEMNITY

You will indemnify and hold harmless OpinionWell, its parents, subsidiaries, affiliates, customers, vendors, officers and employees from any liability, damage or cost (including reasonable attorneys. fees and cost) from (i) any claim or demand made by any third party due to or arising out of your access to the Site, use of the Services, violation of the Terms of Use by you, or the infringement by you, or any third party using your account or OpinionWell User ID, of any intellectual property or other right of any person or entity.

9. WARRANTY DISCLAIMERS

You acknowledge that OpinionWell has no control over, and no duty to take any action regarding: which users gain access to the Site or use the Services; what effects the Content may have on you; how you may interpret or use the Content; or what actions you may take as a result of having been exposed to the Content. You release OpinionWell from all liability for you having acquired or not acquired Content through the Site or the Services. The Site or Services may contain, or direct you to sites containing, information that some people may find offensive or inappropriate. OpinionWell makes no representations concerning any content contained in or accessed through the Site or Services, and OpinionWell will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Site or the Services. THE SERVICE, CONTENT, AND SITE ARE PROVIDED ON AN "AS IS" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

10. LINKS

The Services may provide, or third parties may provide, links to other World Wide Web sites or resources. Because OpinionWell has no control over such sites and resources, you acknowledge and agree that OpinionWell 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 OpinionWell 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.

11. LIMITATION OF LIABILITY

IN NO EVENT SHALL OPINIONWELL OR ITS SUPPLIERS BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR OTHER LEGAL THEORY (I) WITH RESPECT TO THE SITE, THE SERVICE OR ANY CONTENT FOR ANY LOST PROFITS OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, SUBSTITUTE GOODS OR SERVICES (HOWEVER ARISING), OR (II) FOR ANY DIRECT DAMAGES IN EXCESS OF (IN THE AGGREGATE) $100. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.

12. TERMINATION

OpinionWell  reserves the right, without notice and in its sole discretion, without any notice or liability to you, to:

1. terminate your license to use the Site, or any portion thereof;
2. block or prevent your future access to and use of all or any portion of the Site, Content or Services;
3. change, suspend or discontinue any aspect of the Site, Content or Services; and
4. impose limits on the Site, Content or Services.

All provisions of the Terms of Use which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

13. MISCELLANEOUS:

1. If there is any dispute about or involving the Site or OpinionWell, you agree that any such dispute will be governed by the laws of the State of Washington without regard to its conflict of law provisions. You agree to personal jurisdiction by and venue in the state and federal courts in King County, Washington.
2. No agency, partnership, joint venture, or employment is created as a result of the Terms of Service, and you do not have any authority of any kind to bind us in any respect whatsoever.
3. We may provide you with notices, including those regarding changes to the Terms of Service by email, regular mail or postings on the Site.
4. The Terms of Service contain the entire agreement between you and us regarding the use of the Site, and supersede any prior agreement between you and us on such subject matter. The parties acknowledge that no reliance is placed on any representation made but not expressly contained in these Terms of Service.
5. Any failure on our part to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.
6. If any provision of the Terms of Service is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that the Terms of Service shall otherwise remain in full force and effect and enforceable.
7. The Terms of Service are not assignable, transferable or sublicensable by you except with OpinionWell's prior written consent, but may be assigned or transferred by us without restriction. Any assignment attempted to be made in violation of the Terms of Service shall be void.
8. The section titles in the Terms of Service are for convenience only and have no legal or contractual effect.

14. OWNERSHIP

We own the OpinionWell Content, including but not limited to visual interfaces, interactive features, graphics, design, compilation, computer code, products, software, aggregate user review ratings, and all other elements and components of the Site excluding User Content and Third Party Content. We also own the copyrights, trademarks, service marks, trade names, and other intellectual and proprietary rights throughout the world (the "IP Rights") associated with the OpinionWell Content and the Site, which are protected by copyright, trade dress, patent, trademark laws and all other applicable intellectual and proprietary rights and laws. As such, you may not modify, reproduce, distribute, create derivative works or adaptations of, publicly display or in any way exploit any of the OpinionWell Content in whole or in part except as expressly authorized by us. Except as expressly and unambiguously provided herein, we do not grant you any express or implied rights, and all rights in and to the Site and the OpinionWell Content are retained by us.

Updated 4/1/2010