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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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