Effective Date: April 16, 2018
Test Company, Inc. ("Union Street Enterprises”, "us", "our", or "we") has created these Terms of Service ("Terms") to govern the use of our websites, including MakeSurveyMoney.com,. and related mobile websites and mobile applications (collectively, the “Site”) and the services or incentives accessible, offered or provided by us or our marketing partners through or in connection with the Site that link to these Terms (collectively, the "Services").
PLEASE READ THESE TERMS CAREFULLY BEFORE USING THE SERVICES BECAUSE THEY ARE A LEGALLY BINDING DOCUMENT AND AFFECT YOUR LEGAL RIGHTS AND OBLIGATIONS.
Please also read our full Terms of Service for details and defined terms.
You Accept These Terms.
Each time you access and/or use the Services, you agree to be bound by these Terms and any additional terms that will apply to you, prospectively. More info
Binding Arbitration of All Disputes; No Class Relief.
Any disputes under these Terms will be resolved on an individual basis through binding arbitration, with no class relief. More Info
Disclaimer of Warranties.
We disclaim warranties and provide the Services "As Is." More info.
Limitation of Liability.
Our liability is limited. More info
Questions about our Terms may be sent to our customer service team online by going to https://www.MakeSurveyMoney.com/contactus.asp or by writing to us at Test Company, Inc., PO Box 4668 #23563, New York, NY 10163-4668, or as otherwise set forth in the Terms.
Effective Date: April 16, 2018
Updates to Terms.
Union Street Enterprises reserves the right to update or otherwise change these Terms at any time by posting the most current version of the Terms on our Services with a new Effective Date shown. All changes are effective from the Effective Date. Your continued use of the Services after the new Effective Date signifies your agreement to any such changes.
By accessing or using the Services, you consent to having these Terms provided to you in electronic form and that all agreements, notices, disclosures, and other communications we provide to you electronically satisfy any legal requirements that such communications be in writing.
You have the right to receive this Agreement in non-electronic form. To receive a non-electronic copy of these Terms, please contact our customer service team online by going to https://www.MakeSurveyMoney.com/contactus.asp or send a letter and self-addressed stamped envelope to: Union Street Enterprises, PO Box 4668 #23563, New York, NY 10163-4668.
When you provide us with contact information in connection with a particular activity or product or otherwise when using our Services, such as an email address or telephone number, you agree that this action constitutes a purchase or inquiry establishing a business relationship with us. You expressly consent to our communicating with you using contact information obtained directly from you or which is provided to us with your consent. You attest that you have the legal authority over any contact information provided to us and can provide us and/or third parties with the authorization to contact you. This means you may be contacted in person or by recorded message, by e-mail, telephone and/or mobile telephone number (including use of automated dialing equipment), text (SMS) message, IM messaging, or any other means of communication that your wireless or other telecommunications device may be capable of receiving), in accordance with applicable law. Please keep your contact information up to date as you are solely responsible for any contact information you provide to us.
Union Street Enterprises presents MakeSurveyMoney.com which provides Services to enable its users (“Users”) access to consumer market research panels on its Site and other third party sites where Users can earn money and incentive rewards. The Site is also an affiliate for some of the services reviewed or mentioned, and therefore Union Street Enterprises may receive compensation for referring Users to these sites.
Creation of an Account
In order to use certain features of the Services you must create an account (an “Account”) and provide certain information about yourself, including completing a profile which may determine your eligibility for earning participating in certain offers and surveys that pay incentives. All information you provide is voluntary but the more you answer the more likely you might be to qualify for various surveys and offers.
Participating in our Incentive Programs.
Users of our Services may earn incentives for participating in surveys and other offers. In addition to the terms stated in the relevant sections of the Site with respect to how those incentives may be earned or redeemed, Union Street Enterprises reserves the right to validate users' identity prior to paying out incentives. If Union Street Enterprises is unable to, in its sole discretion, confirm the identity of a User who is requesting a payment, that balance may be forfeited. Please refer to the applicable offer for a description of how you can earn money for responding to surveys or participating in other offers. Any terms and conditions of any offer disclosed to you are deemed part of these Terms.
Participating in Third Party Incentive Programs
Selection of Payment Method.
Users can set their payment method on https://www.MakeSurveyMoney.com/payment-method.asp for incentives paid directly by Union Street Enterprises. To reach the page from the Site click the link Preferred Payment Method on your account overview page, or choose Select Payment method in the Menu. When taken to the Payment Method page, select from three payment options: GiftCard, PayPal or Check and save the setting. If you select PayPal, you will be prompted to enter an email address connected to your PayPal account.
Payment by PayPal
All payments to PayPal are subject to the terms and conditions of PayPal.
Payment by Merchant Gift Cards
All gift cards are subject to the terms and conditions of the respective issuers of those gift cards
Time Sensitive Surveys
Some surveys may be time sensitive or may only permit a limited number of responses after which any Users’ response will no longer be eligible and therefore will be rejected.
Incentives presented by third parties may require confirmation by the applicable third parties. Once eligibility is confirmed that will be shown on the your Survey Incentive Balance dashboard. However, keep in mind that any such balance is also subject to revocation by the third party survey provider should it determine, in its sole discretion, that the survey results were not complete, accurate or are ineligible for any reason based on it’s terms.
For purposes of identification and payment, you agree to provide Union Street Enterprises with accurate, complete, and updated information regarding the method of payment you have requested and Union Street Enterprises is not liable for any payment if the information provided is not up to date and accurate.
Free or Introductory Promotional Offer.
If you enrolled for any special introductory or free offers from third parties you are subject to the terms of the offer you accepted so review those offers carefully. Union Street Enterprises is not responsible for any third party offers accessible on the Site.
Any participation in any surveys, offers or promotions of any advertisers or third parties accessible on the Site or through our Services, which may include payment and/or delivery of incentives or related goods and/or services, and any such other term, condition, warranty and/or representation associated with such dealings, are and shall be solely between you and any such advertiser/third party. Moreover, you herein agree that Test Company, Inc. shall not be held responsible or liable for any loss or damage of any nature or manner incurred as a direct result of any such dealings or as a result of the presence of such advertisers or third parties on our Site.
The content (which includes but is not limited to text, tests, photographs, video, graphics, music, images, animations, audio, software, plug-ins, and applets incorporated into the software, data, sounds, messages, comments) on the Services ("Content") are intended for your personal, noncommercial use, and not for resale to any third party, in accordance with these Terms.
Modification to Services.
Union Street Enterprises reserves the right to (i) perform maintenance to the Site for any reason and at any time and (ii) modify, update, or discontinue, temporarily or permanently, the Site (or any part thereof) at any time, with or without notice, in Union Street Enterprises’ sole discretion. Your only right with respect to any dissatisfaction with any modifications made pursuant to this provision, or any policies or practices of Union Street Enterprises in providing its Content or Services is to stop using our Services.
Union Street Enterprises may, in its sole discretion, provide you with support services related to the Site or any portion thereof (“Support Services”). However, Union Street Enterprises is not required to provide Support Services to you. No failure to provide, or to continue to provide, Support Services will be a default by Union Street Enterprises under these Terms.
Data Collection Policy.
All data generated by or collected from us or our users while visiting our Services is our property. No party unaffiliated with us may collect or use, or direct, authorize or assist other persons or entities to collect or use, any data from a user, or a computer or device operated by a user, while accessing our Services without our prior express written permission. For example, no data may be collected, used or transferred for purposes of retargeting, behavioral remarketing, or targeting any advertisements, segment categorization or any form of syndication which is related to our Services, the Content, or our users without our prior express written permission of in each instance. The data covered by this policy includes, but is not limited to, data collected via any advertising unit, widget, pixel tag, cookie, script or other data collection process.
Security of Username and Password.
You are entirely responsible for maintaining the confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to notify us immediately of any unauthorized use or theft of your account or any other breach of security (and to provide properly documented evidence as reasonably requested by us). We will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you will be liable for losses incurred by us or another party due to someone else using your account or password. You may not use anyone else’s account at any time.
If you encounter something you find objectionable and in violation of these Terms, you can report it to https://www.MakeSurveyMoney.com/contactus.asp
Contributions to Union Street Enterprises
If you submit ideas, documents, suggestions, proposals or feedback to Union Street Enterprises via any method of communication ("Feedback") you acknowledge and agree that your Feedback does not contain any type of confidential or proprietary information; Union Street Enterprises shall not be liable or under any obligation to ensure or maintain confidentiality, expressed or implied, related to any Feedback; Union Street Enterprises shall be entitled to make use of and/or disclose any such Feedback in any such manner as it may see fit; your Feedback shall automatically become the sole property of Union Street Enterprises; and Union Street Enterprises is under no obligation to either compensate or provide any form of reimbursement in any manner or nature.
You agree that you may not access or use the Services in order to: • attempt to get a password, other account information, or other private information from a member or any other user of the Services; • improperly use support or complaint buttons or make false reports to Union Street Enterprises administrators; • sell, buy, license or transfer access to your account; • copy, display, distribute, alter or modify the Services; • use any automated software or devices, such as spiders, robots or data mining techniques such as scraping, spidering, crawling or any other techniques to download, store, distribute or otherwise reproduce Union Street Enterprises Content or to manipulate the Services; • use or copy, Union Street Enterprises Content including any data you view on and/or obtain from the Services to provide any product or service that is competitive to Union Street Enterprises, or its clients, as determined in Union Street Enterprises’ sole discretion; • interfere with, interrupt, destroy or limit the functionality of the Services or any computer software or hardware or telecommunications equipment; • use the Services in any manner that could damage, disable, overburden, or impair any Union Street Enterprises server, or networks connected to any Union Street Enterprises server, or interfere with any other party’s use and enjoyment of any Services; • gain unauthorized access to any Services, other accounts, computer systems or networks connected to any Union Street Enterprises server or to any of the Services, through hacking, cracking, and distribution of counterfeit software, password mining or any other means; • reverse engineer, decompile or disassemble any software accessed through the Services, including any proprietary communications protocol used by Union Street Enterprises; • use, upload, transmit, distribute or otherwise make available any material or information, which contain any materials that could infringe any copyright, trademark, patent, trade secret, publicity or privacy right or any other proprietary right or disclose any trade secret of or violate any confidential obligation of any person or entity; • upload files that contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files or data, or any other similar software or programs that may damage the operation of any Services or any user’s computer; • exploit, distribute or publicly communicate any error, miscue or bug which gives an unintended advantage; • use any Services for any unlawful purpose or any illegal activity, or post or submit any content whatsoever that is false, defamatory, libelous, implicitly or explicitly offensive, vulgar, obscene, threatening, abusive, hateful, racist, discriminatory, of a menacing character or likely to cause annoyance, inconvenience, embarrassment, anxiety or could cause harassment to any person or include any links to pornographic, indecent or sexually explicit material of any kind, as determined in Union Street Enterprises’ sole discretion;
Ownership of Content and Marks.
The Services, and all Content published on or accessible through the Services is owned by Union Street Enterprises or its licensors, and is protected by laws governing copyrights patents, trademarks, trade secrets and/or other proprietary rights. Union Street Enterprises owns a copyright in the selection, coordination, arrangement and enhancement of such Content and a copyright in the Services. All trademarks, logos, service marks, trade names, and trade dress appearing on the Services (“Marks”), are proprietary to Union Street Enterprises or its licensors. You acknowledge that you do not acquire any ownership rights in any Content or Marks downloaded or accessed from the Services. You may not frame or utilize framing techniques to enclose any Mark or Content (including images, text, page layout, or form) nor use any Meta tags or any other "hidden text" utilizing Union Street Enterprises’ or its licensors’ name or Marks without the prior express written consent of Union Street Enterprises. You agree not to copy, reproduce, publish, transmit, distribute, perform, sell, create derivative works of, or in any way exploit, any Site, Services or any of the Marks or Content, in whole or in part, without the prior written consent or Union Street Enterprises. Union Street Enterprises grants you a limited, revocable, non-sublicenseable license to access (but not through scraping, spidering, crawling or other technology or software used to access data), and display the Content (excluding any software code) solely for your use in connection with accessing and using the Services as reasonably necessary to use them for their intended purpose. Union Street Enterprises and its licensors reserve all rights not expressly granted in and to its respective Marks and Content.
No Other License Granted. Except for allowing you to use the Services for your use as set forth herein, when you use the Services, you are not receiving a license or any other rights from Union Street Enterprises, including intellectual property or other proprietary rights of Union Street Enterprises. You understand that you have no rights to the Content or Services or any other Union Street Enterprises property except as indicated.
You must be at least 18 years old or the age of majority in your state or country of residence, whichever is older, to use the Services.
No Third Party Beneficiaries.
You agree that, except as otherwise expressly provided in these Terms, there are no third party beneficiaries to these Terms.
Without limiting any other remedies available, we may at any time, with or without notice to you, and in our sole discretion, refuse to provide, limit, suspend, or terminate your use of the Site and take any technical and legal steps to keep you from using our Site. These Terms will remain in effect after any such action has been taken. You agree that Union Street Enterprises will not be liable to you or any third-party for any limitation, suspension, or termination of your access to the Site.
The Services can be accessed from locations around the world. Union Street Enterprises makes no representations that the Services, the Content or Services, is appropriate for use at other locations outside the United States. Access to the Services from locations where the Services or any of its Content is illegal is prohibited. If you access the Services from a location outside the United States, you are responsible for compliance with all local and international laws.
U.S. Export Controls.
Software assessible from the Services (“Software”) is subject to United States export controls. No Software may be downloaded from the Site or otherwise exported or re-exported (i) into (or to a national or resident of) any other country to which the U.S. has embargoed goods; or (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By downloading or using the Software, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.
Communications from Union Street Enterprises.
Links and Other Third Party Activities.
You may be able to access other websites or resources through links accessible through our Services. Because Union Street Enterprises has no control over such websites you acknowledge and agree Union Street Enterprises is not responsible for the availability of such external websites or resources, and does not endorse and is not responsible or liable for any content, advertising, products or other materials or available from such websites or resources, nor does Union Street Enterprises endorse any such websites or the products or services assessible on such websites. You further acknowledge and agree that Union Street Enterprises shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such websites or resource.
The Services may include or give you access to third-party materials, services, or products or content (collectively, “Third Party Materials”) provided by Union Street Enterprises' licensors, vendors, merchants, or marketing partners (“Third Parties”) which may be governed by additional terms and conditions. In some instances, these Third Parties may require you to agree to additional terms and conditions that are not set forth in these Terms prior to accessing or using such Third Party Materials on or through the Services. Union Street Enterprises does not recommend or endorse the products, services or any other information of Third Parties on the Services. If you have a dispute with one or more Third Parties, you release Union Street Enterprises and the Released Parties (as defined below) from claims, demands, liabilities, costs or expenses and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. In entering into this release, you expressly waive any protections (whether statutory or otherwise) to the extent permitted by applicable law, that would otherwise limit the coverage of this release to include only those claims which you may know or suspect to exist in your favor at the time of agreeing to this release.
RELIANCE ON ANY INFORMATION ON THE SERVICES IS AT YOUR OWN RISK. UNLESS PROHIBITED BY APPLICABLE LAW, THE RELEASED PARTIES (DEFINED BELOW) ARE NOT RESPONSIBLE OR LIABLE FOR ANY ADVICE, COURSE OF TREATMENT, DIAGNOSIS, DRUG AND DEVICE APPLICATION OR OTHER INFORMATION, SERVICES, OR PRODUCTS THAT YOU OBTAIN ON OR THROUGH THE SERVICES.
Disclaimer of Warranties.
YOU UNDERSTAND THAT YOUR USE OF THE SERVICES (INCLUDING ANY DOWNLOADS OR ANY LOSS OF DATA OR OTHER DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE YOU EXPERIENCE FROM USING OR ACCESSING THE SITE AND SERVICES) IS AT YOUR SOLE RISK. YOU UNDERSTAND THAT THE SERVICES AND ALL INFORMATION, PRODUCTS AND OTHER CONTENT (INCLUDING THIRD PARTY MATERIALS INFORMATION, PRODUCTS OR CONTENT INCLUDED IN OR ACCESSIBLE FROM THE SERVICES), ARE PROVIDED ON AN “AS IS”, “WHERE-IS” AND “WHERE AVAILABLE” BASIS, AND ARE SUBJECT TO CHANGE AT ANY TIME WITHOUT NOTICE TO YOU. YOU ACKNOWLEDGE THAT UNION STREET ENTERPRISES MAKES NO WARRANTY THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. YOU UNDERSTAND THAT UNION STREET ENTERPRISES DOES NOT WARRANT THAT THE RESULTS OBTAINED FROM YOUR USE OF THE SERVICES WILL MEET YOUR EXPECTATIONS. NO WARRANTY OF ANY KIND, WHETHER ORAL OR WRITTEN, CAN MODIFY THE TERMS OF THE DISCLAIMER SET FORTH IN THIS DOCUMENT. IF YOU ARE DISSATISFIED WITH ANY OF THE PRODUCTS OR SERVICES OR CONTENT ACCESSIBLE OR CONTAINED IN THE SERVICES, OR WITH ANY OF THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE ACCESSING AND USING THE SERVICES. TO THE FULLEST EXTENT PERMITTED BY LAW, UNION STREET ENTERPRISES DISCLAIMS ALL REPRESENTATIONS, WARRANTIES, AND CONDITIONS OF ANY KIND (EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS) AS TO THE PRODUCTS AND SERVICES AND ALL INFORMATION, AND OTHER CONTENT (INCLUDING THIRD PARTY MATERIALS, INFORMATION, PRODUCTS, AND CONTENT) INCLUDED IN OR ACCESSIBLE FROM THE SERVICES.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL UNION STREET ENTERPRISES, OR ITS PARENT COMPANY AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS (“RELEASED PARTIES”) BE LIABLE TO YOU (OR ANY THIRD PARTY MAKING CLAIMS THROUGH YOU) FOR ANY DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, PUNITIVE OR INCIDENTAL DAMAGES, OR DAMAGES FOR LOSS OF USE, PROFITS, DATA, OR OTHER INTANGIBLES, OR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR UNAUTHORIZED ACCESS TO AND TAMPERING WITH YOUR PERSONAL INFORMATION OR TRANSMISSIONS, ARISING OUT OF OR RELATED TO THE USERS, INABILITY TO USE, UNAUTHORIZED USE, PERFORMANCE, OR NON-PERFORMANCE OF THE SERVICES, EVEN IF THE RELEASED PARTIES HAVE BEEN ADVISED PREVIOUSLY OF THE POSSIBILITY OF SUCH DAMAGES AND WHETHER SUCH DAMAGES ARISE IN CONTRACT, NEGLIGENCE, TORT, UNDER STATUTE, IN EQUITY, AT LAW, OR OTHERWISE. UNLESS LIMITED OR MODIFIED BY APPLICABLE LAW, THE FOREGOING DISCLAIMERS, WAIVERS AND LIMITATIONS SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED, EVEN IF ANY REMEDY FAILS ITS ESSENTIAL PURPOSE. UNION STREET ENTERPRISES’ MARKETING PARTNERS ARE INTENDED THIRD-PARTY BENEFICIARIES OF THESE DISCLAIMERS. IF ANY PART OF THESE WARRANTY DISCLAIMERS OR LIMITATIONS OF LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN UNION STREET ENTERPRISES’ AGGREGATE LIABILITY FOR ALL CLAIMS UNDER SUCH CIRCUMSTANCES FOR LIABILITIES SHALL NOT EXCEED WHAT IT PAID YOU FOR THE LAST 30 DAY PERIOD PRIOR TO YOUR CLAIM.
SPECIAL STATE DISCLOSURES
NEW JERSEY RESIDENTS: The following are modifications to the provisions in Section 9 Legal Notices and apply only to consumers who are residents of New Jersey. Except as modified below, the provisions in Section 9 above remain unchanged and applicable to N.J. residents:
Union Street Enterprises’ disclaimers or waiver of liability for damages incurred by you for any interruption, malfunction, impossibility of access, or poor conditions of the Services or for any other reason will not apply to damages directly caused by Union Street Enterprises’ gross negligence or willful misconduct. In addition, Union Street Enterprises’ disclaimer of warranty as to the quality, accuracy, completeness or validity of the Services and all Union Street Enterprises’ Content (excluding third party content or information) is not applicable. However, Union Street Enterprises’ does not guarantee that the use of the Services will meet your requirements.
Union Street Enterprises’ limitation of liability does not apply to you for damages arising out personal injury, property damage, negligence or willful misconduct or any other cause of action arising from the acts of Union Street Enterprises but does apply to the acts or omissions of third parties. Union Street Enterprises’ aggregate liability for all claims under any circumstances will not exceed the lesser of $100.00 or your actual, out of pocket costs and damages. For the avoidance of doubt, in no event will Union Street Enterprises be liable for special, incidental, or consequential damages as stated in these Terms.
CALIFORNIA RESIDENTS. "If you are a California resident and in connection with the foregoing release, you hereby waive California Civil Code Section 1542 (and any similar provision in any other jurisdiction) which states: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor.”
These Terms shall be governed by and construed in accordance with the laws of the Laws of New York without application of conflict of laws rules, except that the Arbitration provisions shall be governed by the Federal Arbitration Act.
Resolution of Any Dispute.
In the event a dispute arises between you and Union Street Enterprises, we want to provide you with an efficient, neutral and cost-effective means of resolving the dispute. Most customer concerns can be resolved quickly and to the customer’s satisfaction by contacting our customer service team online by going to https://www.MakeSurveyMoney.com/contactus.asp or writing us at Test Company, Inc. PO Box 4668 #23563, New York, NY 10163-4668. If, however, there is an issue that needs to be resolved, the following provisions of this Section 8 describe how both of us will proceed:
Limitation of Legal Remedies.
If there is a dispute that remains unresolved, INSTEAD OF SUING IN COURT, YOU AND UNION STREET ENTERPRISES EACH AGREE TO THE FULLEST EXTENT PERMITTED BY LAW TO ARBITRATE DISPUTES THROUGH BINDING ARBITRATION PURSUANT TO THE JAMS ARBITRATION RULES AND PROCEDURES, ON AN INDIVIDUAL BASIS, WITHOUT CLASS RELIEF, EXCEPT FOR DISPUTES PERTAINING TO UNION STREET ENTERPRISES’ INTELLECTUAL PROPERTY RIGHTS; STATUTORY CLAIMS THAT PURSUANT TO LAW ARE NOT ARBITRABLE; INDEMNIFICATION; CONTRIBUTION; INTERPLEADER; OR INJUNCTIVE RELIEF ARISING OUT OF A CLAIM. This agreement to arbitrate is intended to be broadly interpreted. It includes claims based in contract, tort, statute, fraud, misrepresentation or any other legal theory (“Claim(s)”). The arbitrator's decision and award is final and binding, with some exceptions under the Federal Arbitration Act, 9 U.S.C. 1, et seq., and judgment on the award may be entered in any court with jurisdiction.
Jury Trial Waiver.
YOU AND UNION STREET ENTERPRISES EACH VOLUNTARILY WAIVE THE RIGHT TO TRIAL BY JURY IN RESOLVING ANY DISPUTE BETWEEN US ARISING OUT OF THESE TERMS OR THE SERVICES.
Class Action Waiver.
YOU AND UNION STREET ENTERPRISES EACH AGREE THAT CLAIMS AGAINST THE OTHER MAY ONLY BE BROUGHT IN AN INDIVIDUAL CAPACITY AND NOT IN A CLASS ACTION OR REPRESENTATIVE PROCEEDING. All arbitrations under these Terms must be conducted on an individual (and not a class-wide) basis, and an arbitrator will have no authority to award class-wide relief. You acknowledge and agree that these Terms specifically prohibit you from commencing any legal proceedings as a representative of others, participating in a class, representative, or collective action as a class representative, class member or an opt-in party, acting as a private attorney general, or joining or consolidating Claims with claims or proceedings brought by any other person ("Class Action Waiver").
A party who intends to seek arbitration must first send to the other a written Notice of Dispute describing the nature and basis of the Claim and setting forth the specific relief sought (a "Notice"). All Notices to Union Street Enterprises must be sent to the following address: Test Company, Inc. PO Box 4668 #23563, New York, NY 10163-4668. All notices to you will be sent to the email or street address provided in your account, if available. Upon receipt of such Notice, the receiving party will have a 60 day period in which it may satisfy the Claim against it by fully curing the Claim, providing all the relief requested in the Notice, or entering into a settlement to resolve the Claim to the mutual satisfaction of the parties. After the expiration of such sixty-day cure period, you or Union Street Enterprises may commence an arbitration proceeding. Unless otherwise agreed to by you and Union Street Enterprises in writing, the arbitration will be governed and conducted by JAMS before a single arbitrator with substantial experience in the internet industry and shall follow substantive law in adjudicating the dispute, except that this section shall be construed as a written agreement to arbitrate pursuant to the Federal Arbitration Act (“FAA”). You and Union Street Enterprises agree that this section satisfies the writing requirement of the FAA. The arbitration of any claim will be conducted in the State of New York and for any non-frivolous claim that does not exceed $5,000.00, you shall have the choice as to whether the hearing is conducted in person or by telephone. For those claims that the arbitrator decides are not frivolous, Union Street Enterprises will: (1) pay all costs of the arbitration; (2) if you prefer, will conduct the arbitration by telephone, and (3) will not seek attorneys’ fees in the event Union Street Enterprises prevails. Each party will pay the fees and costs of its own counsel, experts and witnesses. The JAMS rules are available on its website at www.jamsadr.com. To the extent that this dispute resolution section conflicts with JAMS minimum standards for procedural fairness, the JAMS rules and/or minimum standards for arbitration procedures in that regard shall control. Neither party shall sue the other party other than as provided herein or for enforcement of this clause or for the arbitrator’s award; and any such suit may be brought only in Federal District Court or, if any such court lacks jurisdiction, in any state court that has jurisdiction. The arbitrator, and not any federal, state, or local court, shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, unconscionability, arbitrability, or enforceability of these Terms including any claim that all or any part of these Terms are void or voidable. However, the preceding sentence shall not apply to the clause entitled “Class Action Waiver”.
All parties, including related third parties, shall retain the right to seek adjudication in a small claims tribunal for disputes within the scope of such tribunal’s jurisdiction. Any dispute, which cannot be adjudicated within the jurisdiction of a small claims tribunal, shall be resolved by binding arbitration, with the exception of any Claim or action for indemnification, contribution, interpleader, or injunctive relief arising out of a Claim, which Claims or actions shall not be subject to arbitration. Any appeal of a judgment from a small claims tribunal shall be resolved by binding arbitration.
This arbitration provision shall survive termination of these Terms.
If any provision of this Section 8 is declared or found by a court of competent jurisdiction or arbitrator to be unlawful, unenforceable or void, such provision will be ineffective only to the extent that it is found unlawful, unenforceable or void, and the remainder of the provision and all other provisions will remain fully enforceable, except that if the Class Action Waiver for any Claim cannot be enforced, then the provision to arbitrate will not apply.
These Terms and policies incorporated herein are the entire agreement between you and Union Street Enterprises. They supersede any and all prior or contemporaneous agreements between you and Union Street Enterprises relating to your use of the Services. Union Street Enterprises may assign these Terms, in whole or in part, at any time. If any part of these Terms is determined to be invalid or unenforceable, it will not impact any other provision of these Terms, all of which will remain in full force and effect. Headings in the Terms are for convenience of reference only and shall not affect the interpretation or construction of this agreement. The failure of Union Street Enterprises to partially or fully exercise any rights or the waiver of Union Street Enterprises of any breach of these Terms by you, shall not prevent a subsequent exercise of such right by Union Street Enterprises or be deemed a waiver by Union Street Enterprises of any subsequent breach by you of the same or any other term of these Terms. The rights and remedies of Union Street Enterprises under these Terms and any other applicable agreement between you and Union Street Enterprises shall be cumulative, and the exercise of any such right or remedy shall not limit Union Street Enterprises’ right to exercise any other right or remedy.
Please contact us online at https://www.MakeSurveyMoney.com/contactus.asp or write to us at: Test Company, Inc., PO Box 4668 #23563, New York, NY 10163-4668, if you have any questions about these Terms.
Copyright © 2018, Test Company, Inc. All rights reserved.