Terms and Conditions for SurveyUpsell.com

SurveyUpsell.com, at our discretion, provides you with services including, but not restricted to, the creating and publishing of Surveys used to collect data and market products and or services. You agree to comply with the conditions imposed on your use of the services, as set out in these Terms and Conditions and elsewhere on our website.

Use of our service will be in accordance with these Terms and Conditions and the requirements set out elsewhere on our website. You may not copy, distribute or redistribute the data, including by caching, framing or similar means, or sell, resell, re-transmit or otherwise make the data retrieved from our services available in any manner to any third party other than in the manner prescribed and allowed by this site.

The data collected by surveys and statistics of same is provided "as is." Neither we nor any third party shall not be liable to you or any third party for any loss or damage, direct, indirect or consequential, arising from
(i) any inaccuracy or incompleteness in, or delays, interruptions, errors or omissions in the delivery of the data or any other information supplied to you through our services or
(ii) any decision made or action taken by you or any third party in reliance upon the data. Neither we nor any third party shall be liable for loss of business revenues, lost profits or any punitive, indirect, consequential, special or similar damages whatsoever, whether in contract, tort or otherwise, even if advised of the possibility of such damages incurred by you or any third party. You bear all risk from any use or results of using any information. You are responsible for validating the integrity of any information received over the Internet from your customers and from our site and surveys.

IN NO EVENT WILL ANY INFORMATION PROVIDER, THIRD PARTY, OR WE BE LIABLE TO YOU, YOUR CUSTOMERS OR ANY OTHER PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES (INCLUDING BUT NOT LIMITED TO, LOST PROFITS, TRADING LOSSES OR DAMAGES THAT RESULT FROM INCONVENIENCE, DELAY OR LOSS OF THE USE OF THE SERVICES), OR CLAIMS ARISING IN TORT (INCLUDING NEGLIGENCE), EVEN IF THE INFORMATION PROVIDER, THIRD PARTY OR WE HAVE BEEN ADVISED OF OR ARE OTHERWISE AWARE OF THE POSSIBILITY OF ANY OF THE FOREGOING. We are not responsible for any damage to your computer, software, modem, telephone or other property resulting from your use of our services.

Should any provision of these Terms and Conditions be held to be void, invalid, unenforceable or illegal by a court, such provision shall be valid and enforceable to the extent permitted by law or the applicable rules or bylaws, and the validity and enforceability of the other provisions shall not be affected thereby. Failure of any party to enforce any provision of these Terms and Conditions shall not constitute or be construed as a waiver of such provision or of the right to enforce such provision.

These Terms and Conditions shall be interpreted in accordance with the laws of California. You acknowledge that, notwithstanding the use of California law for purposes of interpreting these Terms and Conditions, and, except with regard to California citizens or residents, no substantive right or remedy under California law, including the consumer protection laws of California, shall be available to you as a basis for any action, claim or other proceeding against us, and you hereby waive any such rights under California law. In any action arising under these Terms and Conditions, you consent to the jurisdiction and venue of the courts of California, County of Los Angeles.