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Mevio Super Panel/E-Poll Guest and/or Member Agreement

This Agreement sets forth the terms and conditions which apply to your use of Mevio Super Panel/E-Poll Site ("E-Poll") and any other product or service offered by Mevio/E-Poll through the E-Poll Web site. The right to use the Mevio Super Panel/E-Poll Web site and any other product or service offered by E-Poll through the E-Poll Web site is personal to you and is not transferable to any other person or entity.

Definitions. The "Service" is the online polls, surveys, news, information, rewards program, and interactive service operated by Mevio Super Panel/E-Poll on the World Wide Web. "Guest" means each person who visits the site and/or becomes a "Member". "Member" means each person who registers to use any of the products or services, or features thereof, of the Service for which registration is required or requested. Terms and Conditions will apply to both parties, hereafter referred to as "Guest," unless otherwise noted.

General. Mevio Super Panel/E-Poll shall have the right at any time to change or discontinue any aspect or feature of the Service, including, but not limited to, content, rewards program, hours of availability, registration requirements and equipment needed for access or use.

Changed Terms. Mevio Super Panel/E-Poll shall have the right at any time to impose, change or modify its other terms and conditions applicable to use of the Service, or any part thereof, or to impose new terms and conditions. Such changes, modifications, additions or deletions shall be effective immediately upon notice thereof, which may be given by any reasonable means including, but not limited to, posting on the Service a revised version of this Agreement and notification by posting on its site and email. Any use of the Service by the Guest after such notice (other than to terminate the Guest's Membership) shall conclusively be deemed to constitute acceptance by the Guest of such changes, modifications, additions or deletions. The Guest agrees to review the terms and conditions periodically to be aware of such revisions.

Guest Conduct.

(A) The Service shall be used for lawful purposes only. No material shall be posted on or transmitted which violates or infringes in any way upon the rights of others, which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane, indecent or otherwise objectionable, which encourages conduct that would constitute a criminal offense, gives rise to civil liability or otherwise violates any law. No conduct shall be undertaken that, in Mevio Super Panel/E-Poll's judgment, restricts or inhibits any other user from using or enjoying the Service. Advertising or commercial solicitation may not be posted on or transmitted through the Service by Guests.

(B) The Service contains copyrighted material, trademarks and other proprietary information including, but not limited to, text, software, photos, video, graphics, music and sound, and the entire content of the Service is copyrighted as a collective work under the United States copyright laws. Mevio Super Panel/E-Poll owns a copyright of the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. Each third party content provider owns the copyright for content original to it. No Guest may modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content of the Service, in whole or in part. Except as otherwise expressly permitted under copyright law, no copying, redistribution, publication or commercial exploitation of downloaded material from the Service will be permitted without the express-written permission of E-Poll and any other copyright owner. In the event of any permitted copying, redistribution or publication of copyrighted material, no changes in or deletion of author attribution, trademark, legend or copyright notice shall be made. Each Guest acknowledges that he or she does not acquire any ownership rights by downloading copyrighted material.

(C) No material protected by copyright, trademark or other proprietary right shall be uploaded, posted or otherwise made available by the Guest on the Service without the express permission of the owner of the copyright, trademark or other proprietary right and the burden of determining that any material is not protected by copyright rests with the Guest. The Guest shall be solely liable for any damages resulting from any infringement of copyrights, proprietary rights, or any other harm resulting from any uploading, posting or submission.

(D) Each Guest hereby grants to Mevio Super Panel/E-Poll, it's successors, assigns and licensees, an irrevocable, royalty-free license to use, reproduce, modify, adapt, publish, translate, perform, create derivative works from, and display any message or other content of any nature whatsoever, in whole or in part, provided by Guest in the course of, or arising out of, Guest's participation in the Service, and to incorporate such content in other works in any form, media or technology now known or hereinafter developed.

(E) Each Member shall provide Mevio Super Panel/E-Poll with accurate, complete and updated information as to his or her name and email address provided by Member at registration.

(F) There is only one membership account allowed per Guest. No Guest may select or use a Guest name or email address of another person with the intent to impersonate that person; use a Guest name or email address subject to the rights of any person other than the Guest without authorization; use a Guest name in violation of the intellectual property rights of any person; use a Guest name of any other person or use an "alias" to accumulate points; or use a Guest name that E-Poll, in its sole discretion, deems offensive.

(G) There is only one membership allowed per household. No additional memberships will be granted at the same residence address regardless of relationship. This includes roommates, renters, spouses, and all children 13 and older.

(H) The foregoing provisions of this Section 4 are for the benefit of Mevio Super Panel/E-Poll, its affiliates, and third party content providers and licensors, if any, and each shall have the right to assert and enforce such provisions directly on its own behalf.

Third Party Content. The Service may contain content supplied by parties other than Mevio Super Panel/E-Poll. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by such third parties, including information providers and Guests, are those of the respective author(s) or distributor(s) and not of Mevio Super Panel/E-Poll. Neither Mevio Super Panel/E-Poll nor any third party provider of information guarantees the accuracy, completeness, or usefulness of any content, nor its merchantability or fitness for any particular purpose. (Refer to Section 6 below for the complete provisions governing limitation of liabilities and disclaimers of warranty.) In many instances, the content available through the Service represents the opinions and judgments of the respective information provider or Guest, and not of Mevio Super Panel/E-Poll.

Disclaimer of Warranty - Limitation of Liability.
(A) Each guest expressly agrees that use of the Service is at his or her sole risk. Neither Mevio Super Panel/E-Poll, its affiliates nor any of their respective employees, agents, third party content providers or licensors, if any, warrant that the Service will be uninterrupted or error free: Nor do they make any warranty as to the results that may be obtained from use of the Service or as to the accuracy, reliability or content of any information, service, (or merchandise) provided through the Service.

(B) The Service is provided on an "as is" basis without warranties of any kind, either expressed or implied, including but not limited to warranties of title or implied warranties of merchantability or fitness for a particular purpose, other than those warranties which are implied by and incapable of exclusion, restriction or modification under the laws applicable to this agreement.

(C) The disclaimers of liability contained in this Section 6 apply to any damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of record, whether for breach of contract, tortuous behavior, negligence, or under any other cause of action. Each guest specifically acknowledges that Mevio Super Panel/E-Poll is not liable for the defamatory, offensive or illegal conduct of third parties, including Guests and that the risk of injury from the foregoing rests entirely with each Guest.

(D) In no event will Mevio Super Panel/E-Poll or any person or entity involved in creating, producing or distributing the Service be liable for any direct, indirect, incidental, special or consequential damages arising out of the use of or inability to use the Service or out of the breach of any warranty.

(E) Mevio Super Panel/E-Poll neither endorses nor is responsible for the accuracy or reliability of any opinion, advice or statement on the online service, nor for any offensive, defamatory or obscene posting made on the Service by anyone. Under no circumstances will E-Poll be liable for any loss or damage caused by a Guest's reliance on information obtained through the content and/or any postings on the Service. It is the responsibility of each guest to evaluate the accuracy, completeness or usefulness of any information, opinion, advice or other content available through the Service.

(F) Mevio Super Panel/E-Poll does not endorse, warrant or guarantee any product or service offered by a third party through the service and will not be a party to or in any way monitor any transaction between any Guest and third party providers of products or services. As with the purchase of, or receipt through award redemption, a product of service through any medium or in any environment, each guest should use his or her best judgment and exercise caution where appropriate.

(G) Each guest specifically acknowledges that in no event will Mevio Super Panel/E-Poll, its affiliates nor any of their respective employees or agents be liable for any direct, indirect, incidental, special or consequential damages arising out of the use by such Guest of any browser owned or operated by any party and/or the downloading of any software owned or operated by any third party in connection with the service.

Monitoring. Mevio Super Panel/E-Poll shall have the right, but not the obligation, to monitor the content of the Service to determine compliance with this Agreement and any other operating rules established by Mevio Super Panel/E-Poll. E-Poll shall have the right in its sole discretion to edit, refuse to post or remove any material submitted to or posted on the Service. Without limiting the foregoing, Mevio Super Panel/E-Poll shall have the right to remove any material that Mevio Super Panel/E-Poll, in its sole discretion, finds to be in violation of the provisions hereof, otherwise objectionable or stale. Notwithstanding this right of Mevio Super Panel/E-Poll, Guests shall remain solely responsible for the content of their messages. Each Guest acknowledges and agrees that neither Mevio Super Panel/E-Poll nor any third party content provider shall assume or have any liability for any action or inaction by E-Poll or any third party content provider with respect to any conduct, communication or posting on the Service.

Indemnification. Each Guest agrees to defend, indemnify and hold harmless Mevio Super Panel/E-Poll, its affiliates and their respective directors, officers, employees and agents from and against all claims, demands, causes of action and expenses, including attorney's fees, arising out of the use of the service by such Guest. In all cases, Mevio Super Panel/E-Poll shall be entitled to a defense using counsel of its choosing, and at the sole expense of such Guest.

Termination. Either Mevio Super Panel/E-Poll or Guest/Member may terminate this Agreement at any time. Guest's only right with respect to any dissatisfaction with any terms and conditions of this Agreement, any policy or practice of E-Poll in operating the Service, or any content available through the Service or any change therein, is to terminate this Agreement in the Your Profile section. All points accumulated and not redeemed will be forfeited. Without limiting the foregoing, E-Poll shall have the right to immediately terminate this Agreement with respect to any Guest in the event of any conduct by Guest which E-Poll, in its sole discretion, considers to be unacceptable, or in the event of any breach by Guest of this Agreement. The provisions of Sections 3, 4, 5, 6, 7, 8, and this Section 9 shall survive termination of this Agreement.

Trademarks. Trademarks are the property of Mevio Super Panel/E-Poll. All rights reserved. All other trademarks appearing on the Service are the property of their respective owners.

Equipment. Each Guest shall be responsible for obtaining and maintaining all telephone, computer hardware and other equipment needed for access to and use of the Service, and Guests shall be responsible for all charges related thereto.