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Terms of Use

Updated 7/2/06

Guam Surveys and the URL GuamSurveys.Com (also referred to as "we") is owned and operated by Promo Infomedia, Inc. We provide and maintain an Internet Web site (the "site") for the benefit of users of our services ("you" or "user").

On our site we provide information on products and services that we offer for sale to individuals and organizations. We also provide the opportunity to participate in public surveys and polls. These are intended for entertainment purposes only. Results from public surveys and polls stand on their own as the cumulative opinion of the survey participants, and do not necessarily reflect the position of the owners, shareholders, employees, clients or vendors of Guam Surveys. We are not responsible for these results, if they should not agree with the opinions of any other users of our site.

The services and use of the site are provided to you subject to the terms and conditions set forth in these Terms of Use and our Privacy Policy, and any other rules and policies set forth on this site. The terms and conditions below and any other rules or policies set forth on this site comprise the entire agreement between you and Guam Surveys and supersede all prior agreements between us.

Acceptance
Please read the following Terms of Use carefully. By using our site, you agree to all conditions set forth in this agreement and in our Privacy Policy. You hereby acknowledge that you are 18 years of age or older.

Your responsibilities
You agree to vote once for any survey or poll that you participate in. You further agree not to use any obscene, offensive, threatening, harassing, libelous, slanderous, hate-oriented, harmful, defamatory, racist, pornographic, illegal or otherwise objectionable material or content in any surveys or polls in which you participate. Guam Surveys is not responsible for your activities, statements or any other matters concerning your use of the site or the services that we provide.

Modifications
You agree that we may, at our sole discretion and with or without notice, modify or terminate the services and/or the site. Further, we may modify these Terms of Use from time to time. We will notify you of any changes we make by placing a clear notice on the front page of our site and on any other pages deemed appropriate. When you see such notice, we encourage you to re-read this document to learn of any changes that have been made. If you do not accept those changes, you must terminate your use of the site at that time. Your use of the site or the services after the notice is posted shall be deemed to be acceptance of the modification or termination of the services or these Terms of Use.

Confidentiality and privacy
We are committed to protecting the your privacy and confidential information. You agree to maintain and comply with Guam Surveys’ Privacy Policy. We further agree not to disclose your name and/or e-mail address to any third party.”

Prohibitions
• You will not make any attempt to represent yourself as someone else.
• You will make no efforts to disrupt networks connected to the service and the site.
• You will not attempt to gain unauthorized access to any computer system or databases maintained by and for Guam Surveys.
• You will comply with all laws and regulations regarding transmission of technical data exported from the United States.
• If you engage in any activity listed in this paragraph or violate any conditions or provisions of these Terms of Use, your use of the service and site will be terminated. Further, we will report any unlawful conduct to the appropriate authorities and turn over to them any and all information regarding such activity.

Disclaimer of warranties
You agree that use of the service and the site is at your sole risk, and that the service and site are provided on an "as is" and "as available" basis. To the fullest extent allowed by law, Guam Surveys expressly disclaims all warranties and conditions of any kind, whether express or implied, including, but not limited to the warranties of merchantability, fitness for a particular purpose and non-infringement. The contents of the services or the site are software-based and may contain bugs, errors, problems or other limitations. Guam Surveys assumes no liability or responsibility for any errors or omissions in content. Surveys and polls for public viewing and participation are intended for entertainment purposes only. We are not responsible for the responses to any survey or poll. We have stated our standards regarding language and content elsewhere in this Terms of Use and will diligently attempt to prevent objectionable material from being posted on our site. However, it is possible that such data will make its way into the system regardless of our efforts. If you see such objectionable data, you are encouraged to notify us by sending e-mail to: webmaster@guamsurveys.com. A surveys is a “snapshot in time” of the opinions and/or feelings of a person or group of persons and is only accurate to the extent that the responses have been truthful. Therefore, Guam Surveys does not warrant the correctness, usefulness, reliability, accuracy or otherwise of any survey, survey responses or survey results. Guam Surveys does not warrant or make any representations regarding the use or the consequences of the use of any survey, survey responses or survey results. Further, Guam Surveys is not responsible for any damages, including without limitation, lost profits, business interruption or other loss resulting from use of or reliance in any way on any survey, survey responses or survey results created on or through the service or the site. It is solely your responsibility to evaluate the accuracy, reliability, completeness and usefulness of any surveys, survey responses, survey results or other information received while using the service or site. Because Guam Surveys hosts its site on third party servers which are subject to service interruptions, we make no warranty that the service will be uninterrupted, timely, secure, virus-free, or error-free. There are risks inherent to the use of the Internet and while efforts are made to prevent technical problems, you agree that any material and/or data downloaded or otherwise obtained through use of the service or site is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of such material or data.

Liability and indemnification
You agree to defend, indemnify and hold harmless Guam Surveys, as well as any and all of its parent entities, subsidiaries, affiliates, officers or employees, from any and all claims and demands, including attorneys' fees, due to or arising from your use of the site or the service, surveys, survey responses, or survey results. None of those parties shall be liable for any damages — whether direct, indirect, incidental, consequential or punitive — which arise from your access to, use of, inability to use, or reliance on the service, site, or any products or services available through it. Public surveys and polls are intended for entertainment purposes only. When you contract for us to create, produce and deploy surveys to collect information for you with those surveys, you are solely responsible for any actions you take or fail to take with respect to the results of those surveys. You agree that Guam Surveys has no liability whatsoever in the creation, deployment, or from the results produced and delivered to you of any survey.

Ownership rights
Guam Surveys owns or has licensed from a third party the content including the graphics, names, text, software, music, videos, sound, pictures, compilations, survey templates, surveys, page layout, design, procedures, or other material contained in the service and the site. In any case where a third party has contributed content or services to this site, then that party may also have rights which must be respected and protected. It is all protected by copyrights, trademarks, service marks, patents, trade secrets, or other proprietary rights and laws. No one may copy, reproduce, distribute in any way, or decompile, reverse engineer or disassemble the content. Modification or use of Guam Surveys' content in any prohibited way is a violation of copyright and other proprietary laws. No one may copy, reproduce, transmit, post, distribute or create derivative works from this site without prior express authorization. You agree not to use, misuse or misappropriate any brand names, trademarks, service marks, patents, images, text or other proprietary material or content of another on or through the service or the site.

Third-party sites and advertising
Guam Surveys may, from time to time, provide advertising and/or links and pointers to Internet sites maintained by third parties. Guam Surveys has not reviewed all of the third-party sites nor reviewed any products or services they may provide. We are not responsible for nor do we endorse the contents or any products or services of such third parties or their sites, nor do we provide any warranties or guarantees for such products or services. Guam Surveys does not control in any respect any information, products or services offered or suggested by such third parties.

Termination
Guam Surveys may change these Terms of Use, our Privacy Policy, and the service at any time, and is not liable to you or any party in any way for such termination. Should you become dissatisfied with these Terms of Use or any subsequent modifications, or with our site or service, your sole recourse is to discontinue use of either or both.

Legal jurisdiction
These Terms of Use and the relationship between you and Guam Surveys shall be treated as if entered into and executed in the Territory of Guam and shall be governed in accordance with the laws of the Territory of Guam, without regard to conflict of law principles, and also excluding the United Nations convention on contracts for the international sale of goods. You agree to submit to personal and exclusive jurisdiction and venue of the courts in the Territory of Guam, USA. Guam Surveys does not represent that the content on the site or our services are appropriate or available for use in other locations, and utilizing them from municipalities where their contents are illegal is strictly forbidden. Persons who utilize the services or the site from other locations do so on their own initiative and at their own risk, and are responsible for adhering to local laws.

Nature of our agreement
You warrant that your continued use of this site constitutes agreement to these Terms of Use, and that these Terms of Use or any modified version thereof is the entire and only agreement between you and Guam Surveys.

General provisions
Should a dispute arise from the relationship between you and Guam Surveys involving these Terms of Use or any facet of the site or service that we provide, the prevailing party shall be entitled to reasonable attorneys' fees and costs. The failure by Guam Surveys to enforce any right or provision under these Terms of Use shall not constitute a waiver of that provision or any other provision contained therein. If any provision of these Terms of Use shall be deemed to be invalid or unenforceable by a court of competent jurisdiction, the other provisions shall remain in full force and effect.

Thank you for reading these Terms of Use.

Our sole intent is for you to enjoy the use of this site and to receive enjoyment and benefit from the services that we provide. If you have any suggestions on how we can improve our service, please send e-mail to the general manager at: manager@guamsurveys.com, or write to him at:

General Manager
Guam Surveys
P.O. Box 27290
Barrigada, Guam 96921


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