PollsHere Terms of Service
The website located at www.pollshere.com (the “Site”) is the property of Bohemia Marketing, LLC ("PollsHere," "we" or "us"). By and through the Site, user participate in polls (“Polls”) and may also volunteer to receive alerts and reminders about Poll results and new Polls by submitting their email address and becoming members of the site (“PollsHere Members”).
Unless explicitly stated otherwise, any future enhancements or promotions made available to you on the Site shall be subject to the Terms of Service. You understand and agree that PollsHere shall not be liable to you or any third party for any modification, suspension or discontinuation of the Site or any product, service or promotion offered by PollsHere. You understand and agree that refusal to use the Site is your sole right and remedy with respect to any dispute with PollsHere.
1. Changes to Terms of Service. The Terms of Service constitutes the entire and only agreement (“Agreement”) between you and PollsHere with respect to your use of the Site and supersedes all prior or contemporaneous agreements, representations, warranties and/or understandings between you and PollsHere. We may amend this Agreement from time to time in our sole discretion, without specific notice to you. By your continued use of the Site, you hereby agree to comply with, and be bound by, all of the terms and conditions contained within the Terms of Service effective at that time.
2. Requirements. The Site is available only to individuals who are legal residents of the fifty (50) United States including the District of Columbia. The Site is not intended for use by individuals under eighteen (18) years of age. If you are under eighteen (18) years of age and/or not a legal resident of the United States, you do not have permission to use and/or access the Site.
3. Cancellation of Membership. If you choose to become a PollsHere Member, you may cancel your Membership in the Site at any time by e-mailing us at [email protected]. You understand and agree that cancellation of your Membership is your sole right and remedy with respect to any dispute with PollsHere.
4. Registration. If you choose to become a PollsHere Member, you will be asked to complete a registration form located on the Site which will include at a minimum your: (a) e-mail address; but may also include your (b) name; (c) mailing address; and (d) date of birth. Once you submit the registration form, the Site will promptly send a confirmation e-mail (“Confirmation Email”) to the e-mail address that you provided and you may be asked to confirm your agreement to become a Member by clicking in the Confirmation Email.
5. Rejection/Termination. PollsHere reserves the right to reject and/or terminate your Membership at any time and for any reason, in our sole discretion.
6. Description of Program. The Site offers users the opportunity to participate in Polls about various topics and to view the results of the Polls to compare their responses to other users. Please be advised that the Site may display certain Third Party Ads throughout various Promotions.
YOU UNDERSTAND AND AGREE THAT POLLSHERE IS NOT RESPONSIBLE OR LIABLE IN ANY MANNER WHATSOEVER FOR YOUR INABILITY TO ACCESS THE SITE OR FOR ANY CLAIM IN CONNECTION WITH THE PROGRAM. YOU UNDERSTAND AND AGREE THAT POLLSHERE SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY MODIFICATION, SUSPENSION OR DISCONTINUATION OF ANY PART OF THE PROGRAM.
7. License Grant. As a user and/or Member of the Site, you are granted a non-exclusive, non-transferable, revocable and limited license to access and use certain portions of the Site and associated content in accordance with the Terms of Service. PollsHere may terminate this license at any time for any reason. You may use the Sites on one computer for your own personal, non-commercial use. Other than as expressly authorized, no part of the Site may be reproduced in any form or incorporated into any information retrieval system, electronic or mechanical. You may not use any automated means or form of scraping or data extraction to access, query or otherwise collect content or other information from the Site. You may not use, copy, emulate, clone, rent, lease, sell, modify, decompile, disassemble, reverse engineer or transfer the Site, content or any portion thereof. PollsHere reserves any rights not explicitly granted in the Terms of Service. You may not use any device, software or routine to interfere or attempt to interfere with the proper working of the Site. Your right to use the Site is not transferable.
8. Proprietary Rights. The content, organization, graphics, design, compilation, magnetic translation, digital conversion, software, services and other matters related to the Site are protected under applicable copyrights, trademarks and other proprietary (including, but not limited to, intellectual property) rights. The copying, redistribution, publication or sale by you of any part of the Site is strictly prohibited. You do not acquire ownership rights in or to the Site or any content, document, software, services or other materials viewed at or through the Site or otherwise by and through PollsHere. The posting of information or material on the Site or otherwise by and through the PollsHere not constitute a waiver of any right in or to such information and/or materials.
9. Editing, Deleting and Modification. We reserve the right in our sole discretion to edit and/or delete any documents, information or other content appearing on the Site or otherwise by and through the PollsHere.
10. Indemnification. You agree to indemnify and hold PollsHere, its parents, subsidiaries and affiliates, and each of their respective members, officers, directors, employees, agents, co-branders and/or other partners, harmless from and against any and all claims, expenses (including reasonable attorneys' fees), damages, suits, costs, demands and/or judgments whatsoever, made by any third party due to or arising out of: (a) your use of the Site; (b) your breach of the Agreement; (c) any dispute between you and any Member; and/or (d) your violation of any rights of another individual and/or entity. The provisions of this Section 12 are for the benefit of PollsHere, its parents, subsidiaries and/or affiliates, and each of their respective members, officers, directors, employees, agents, shareholders, licensors, suppliers and/or attorneys. Each of these individuals and entities shall have the right to assert and enforce these provisions directly against you on its own behalf.
11. Disclaimer of Warranties. THE SITE AND/OR ANY OTHER PRODUCTS AND/OR SERVICES THAT YOU MAY APPLY FOR THROUGH THE SITE ARE PROVIDED TO YOU ON AN "AS IS" AND "AS AVAILABLE" BASIS AND ALL WARRANTIES, EXPRESS AND IMPLIED, ARE DISCLAIMED TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW (INCLUDING, BUT NOT LIMITED TO, THE DISCLAIMER OF ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY AND/OR FITNESS FOR A PARTICULAR PURPOSE). IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, POLLSHERE MAKES NO WARRANTY THAT: (A) THE SITE AND/OR ANY OTHER PRODUCTS AND/OR SERVICES THAT YOU MAY APPLY FOR THROUGH THE SITE WILL MEET YOUR REQUIREMENTS; (B) THE SITE AND/OR ANY OTHER PRODUCTS AND/OR SERVICES THAT YOU MAY APPLY FOR THROUGH THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; OR (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE AND/OR ANY OTHER PRODUCTS AND/OR SERVICES THAT YOU MAY APPLY FOR THROUGH THE SITE WILL BE ACCURATE OR RELIABLE. THE SITE AND/OR ANY OTHER PRODUCTS AND/OR SERVICES THAT YOU MAY APPLY FOR THROUGH THE SITE MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. WE WILL NOT BE LIABLE FOR THE AVAILABILITY OF THE UNDERLYING INTERNET CONNECTION ASSOCIATED WITH THE SITE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM POLLSHERE, OR OTHERWISE BY AND THROUGH THE SITE OR OTHER POLLSHERE, SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE AGREEMENT.
12. Limitation of Liability. YOU EXPRESSLY UNDERSTAND AND AGREE THAT POLLSHERE SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL AND/OR EXEMPLARY DAMAGES INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF POLLSHERE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), TO THE FULLEST EXTENT PERMISSIBLE BY LAW FOR: (A) THE USE OR THE INABILITY TO USE THE SITE AND/OR ANY OTHER PRODUCTS AND/OR SERVICES THAT YOU MAY APPLY FOR THROUGH THE SITE; (B) THE UNAUTHORIZED ACCESS TO, OR ALTERATION OF, YOUR REGISTRATION DATA; AND (C) ANY OTHER MATTER RELATING TO THE INABILITY TO USE THE SITE. THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION, IN THE AGGREGATE INCLUDING, BUT NOT LIMITED TO, BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATIONS AND ANY AND ALL OTHER CAUSES OF ACTION. YOU HEREBY RELEASE POLLSHERE FROM ANY AND ALL OBLIGATIONS, LIABILITIES AND CLAIMS IN EXCESS OF THE LIMITATION STATED HEREIN. IF APPLICABLE LAW DOES NOT PERMIT SUCH LIMITATION, THE MAXIMUM LIABILITY OF POLLSHERE TO YOU UNDER ANY AND ALL CIRCUMSTANCES WILL BE FIVE HUNDRED DOLLARS ($500.00). THE NEGATION OF DAMAGES SET FORTH ABOVE IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN YOU AND POLLSHERE. THE ABILITY TO USE THE SITE AND/OR ANY OTHER PRODUCTS AND/OR SERVICES THAT YOU MAY APPLY FOR THROUGH THE SITE WOULD NOT BE PROVIDED TO YOU WITHOUT SUCH LIMITATIONS.
13. Third Party Websites. The Site may provide links to and/or refer you to other Internet websites and/or resources. Because PollsHere has no control over such third party websites and/or resources, you hereby acknowledge and agree that PollsHere is not responsible for the availability of such third party websites and/or resources. Furthermore, PollsHere does not endorse, and is not responsible or liable for, any terms and conditions, privacy policies, content, advertising, services, products and/or other materials at or available from such third party websites or resources, or for any damages and/or losses arising therefrom.
15. Legal Warning. You may not take any action that imposes an unreasonable or disproportionately large load on PollsHere infrastructure. Any attempt by any individual, whether or not a PollsHere user or Member, to damage, destroy, tamper with, vandalize and/or otherwise interfere with the operation of any of the Site is a violation of criminal and civil law and PollsHere will diligently pursue any and all remedies in this regard against any offending individual or entity to the fullest extent permissible by law and in equity.
16. Law and Jurisdiction. The Agreement shall be treated as though it were executed and performed in New York, New York and shall be governed by and construed in accordance with the laws of the State of New York (without regard to conflict of law principles). Should a dispute arise concerning the Site, the Terms of Service or the breach of same by any party hereto: (a) the parties agree to submit their dispute for resolution before a reputable arbitration organization; and (b) you agree to first commence a formal dispute proceeding by completing and submitting an Initial Dispute Notice. We may choose to provide you with a final written settlement offer after receiving your Initial Dispute Notice ("Final Settlement Offer"). If we provide you with a Final Settlement Offer and you do not accept it, or we cannot otherwise satisfactorily resolve your dispute, you can submit your dispute for resolution by arbitration before a reputable arbitration organization as mutually agreed upon by the parties, in your county of residence, by filing a separate Demand for Arbitration, for claims of five thousand dollars ($5,000.00) or less, you can choose whether the arbitration proceeds in person, by telephone or based only on submissions. if the arbitrator awards you relief that is greater than our final settlement offer, then we will pay all filing, administration and arbitrator fees associated with the arbitration and, if you retained an attorney to represent you in connection with the arbitration, we will reimburse any reasonable attorneys' fees that your attorney accrued for investigating, preparing and pursuing the claim in arbitration. any award rendered shall be final and conclusive to the parties and a judgment thereon may be entered in any court of competent jurisdiction. nothing contained herein shall be construed to preclude any party from (i) seeking injunctive relief in order to protect its rights pending an outcome in arbitration; and />or (ii) pursuing the matter in small claims court rather than arbitration. Although we may have a right to an award of attorneys' fees and expenses if we prevail in arbitration, we will not seek such an award from you unless the arbitrator determines that your claim was frivolous.
To the extent permitted by law, you agree that you will not bring, join or participate in any class action lawsuit as to any claim, dispute or controversy that you may have against PollsHere and/or its employees, officers, directors, members, representatives and/or assigns. You agree to the entry of injunctive relief to stop such a lawsuit or to remove you as a participant in the suit. You agree to pay the attorney's fees and court costs that PollsHere incurs in seeking such relief. This provision preventing you from bringing, joining or participating in class action lawsuits: (A) does not constitute a waiver of any of your rights or remedies to pursue a claim individually and not as a class action in binding arbitration as provided above; and (B) is an independent agreement. You may opt-out of these dispute resolution provisions by providing written notice of your decision within thirty (30) days of the date that you first access the Site.
17. Miscellaneous. Should any part of the Agreement be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect. To the extent that anything in or associated with the Site is in conflict or inconsistent with the Terms of Service, the Terms of Service shall take precedence. Our failure to enforce any provision of the Terms of Service shall not be deemed a waiver of such provision nor of the right to enforce such provision. The parties do not intend that any agency or partnership relationship be created through operation of the Terms of Service.
18. Contact Us. If you have any questions regarding the Terms of Service, the Site or would like more information from us, please contact us by email at: [email protected] or send us mail to: PollsHere, 606 Johnson Ave, Suite 24, Bohemia, NY 11716.