PRIVACY

Survey Topper takes your privacy very seriously. For information about Survey Topper Privacy practices, please review the Survey Topper Privacy Policy.

DISCLAIMER AND LIMITATION OF LIABILITY

YOU EXPRESSLY AGREE THAT YOUR USE OF THE WEBSITE AND SERVICES ARE AT YOUR OWN RISK. NEITHER SURVEY TOPPER NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE WEBSITE MAKES ANY REPRESENTATIONS ABOUT THE SUITABILITY OF THE CONTENT OF THIS WEBSITE FOR ANY PURPOSE, NOR THAT YOUR USE OF THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE. THAT THE SITE OR SITE SERVICES, OR ANY THIRD PARTY WEBSITES LINKED TO THE SITE WILL MEET YOUR REQUIREMENTS, OR THAT THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES SURVEY TOPPER MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE OR SITE SERVICES, AS TO CONFIDENTIALITY OR PRIVACY OF ANY OF USER'S INFORMATION REGISTRATION DATA, EXCEPT AS SET FORTH IN THE SURVEY TOPPER

PRIVACY POLICY, OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE WEBSITE OR WEBSITE SITE SERVICES. ANY MATERIAL OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE IS DONE AT YOUR OWN RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL OR DATA. SURVEY TOPPER AND ITS SERVICE PROVIDERS MAKE NO WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH THE WEBSITE OR ANY TRANSACTIONS ENTERED INTO THROUGH THE WEBSITE AND ARE NOT RESPONSIBLE FOR ANY USE OF CONFIDENTIAL OR PRIVATE INFORMATION BY MERCHANTS SELLING THROUGH THE WEBSITE OR OTHER USERS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM SURVEY TOPPER, AFFILIATES OR THROUGH THE SITE, SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. IN NO EVENT SHALL SURVEY TOPPER BE LIABLE FOR ANY DAMAGES (WHETHER CONSEQUENTIAL, DIRECT, INCIDENTAL, INDIRECT, PUNITIVE, SPECIAL OR OTHERWISE) ARISING OUT OF, OR IN ANY WAY CONNECTED WITH, YOUR USE OR THE INABILITY TO USE THE WEBSITE OR FOR COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES OR RESULTING FROM ANY GOODS OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH THE WEBSITE OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, INCLUDING DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLE, REGARDLESS OF WHETHER SUCH DAMAGES ARE BASED ON CONTRACT, STRICT LIABILITY, TORT OR OTHER THEORIES OF LIABILITY, AND ALSO REGARDLESS OF WHETHER SURVEY TOPPER WAS GIVEN ACTUAL OR CONSTRUCTIVE NOTICE THAT DAMAGES WERE POSSIBLE. IN THE EVENT SURVEY TOPPER BEARS LIABILITY FOR DAMAGES, LOSSES, AND CAUSES OF ACTION, THE LIABILITY WILL BE LIMITED TO THE MAXIMUM AMOUNT PAID BY YOU, IF ANY, FOR USING THIS SITE. NOTWITHSTANDING ANYTHING IN THESE TERMS TO THE CONTRARY, THIS DISCLAIMER OF WARRANTIES DOES NOT APPLY IN NEW JERSEY.

CHANGES

Survey Topper hereby reserves the right, in Survey Topper's sole discretion, to make changes to these Terms. Survey Topper encourages you to review these Terms on an ongoing basis.

LIMITATIONS OF LIABILITY

EXCEPT TO THE EXTENT PROHIBITED BY APPLICABLE LAWS, YOU ACKNOWLEDGE AND AGREE THAT IN NO EVENT WILL SURVEY TOPPER BE LIABLE, OR OTHERWISE RESPONSIBLE, TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL AND/OR PUNITIVE DAMAGES, FOR ANY REASON(S) OR FOR ANY CAUSE(S), REGARDLESS OF WHETHER SURVEY TOPPER IS INFORMED OF THE POSSIBILITY THE SUCH DAMAGES MAY EXIST. NOTWITHSTANDING ANYTHING IN THESE TERMS TO THE CONTRARY, THESE LIMITATIONS OF LIABILITY DOES NOT APPLY IN NEW JERSEY.

COMPLIANCE WITH APPLICABLE LAWS

You acknowledge and agree that you will comply with all applicable international, national, Federal, state, and/or local laws, codes, regulations, rules and/or requirements (“Applicable Laws”) regarding your use of, participation, in, and/or access to the Services.

SUSPENSION, TERMINATION AND DE-ACTIVATION OF PANEL MEMBERSHIP ACCOUNTS

Either party may terminate your membership with a Panel at any time, with or without cause, for any reason or no reason, and without liability for the termination. In addition to any and all other available remedies, Survey Topper may, without notice, suspend and/or terminate your use of, access to, and/or participation in the Services if you are in breach or violation of these Terms. If Survey Topper terminates your membership due to your breach or violation of these Terms: (i) you forfeit all rights, title, and interest in and/or to all unredeemed rewards, incentives, and/or prizes, effective upon termination; (ii) your membership will immediately be canceled; (iii) your access to, participation in, and use of the Services will immediately cease, and (iv) you will not be allowed to participate in surveys offered through the Services. In addition, Survey Topper reserves the right to de-activate your Panel membership account: (a) if your membership account does not remain Active (as defined herein); (b) if Survey Topper receives a hard bounce or delivery failure notice in regards to email communications sent by Survey Topper to your email account; or (c) if Survey Topper receives a “mailbox full” reply notice three (3) times in regards to email communications sent by Survey Topper to your email account. For the purpose of these Terms, “Active” means that you: (i) participate in a survey, at least, once every twelve (12) months. In the event of deactivation, termination by you, or termination by Survey Topper (other than for your breach or violation of these Terms), Survey Topper shall maintain unredeemed rewards, incentives, and/or prizes active and available for you to redeem for a period of thirty (30) days following de-activation or termination.

SURVEY TOPPER, VENDOR AND SUBCONTRACTOR EMPLOYEES

A. Restriction. Survey Topper, vendor and subcontractor employees and their Immediate Family Member(s) (as defined herein) are not eligible to receive any payments, prizes, or incentives for using, participating in, or accessing the Services. For the purpose of this Section 20, the term “Immediate Family Member(s)” includes parents, spouses, children or significant others (i.e. girlfriends/boyfriends, domestic partners, civil partner and spousal equivalents).
B. Procedures. Survey Topper, vendor and subcontractor employees may use, access, or participate in the Services, only after receiving permission from their respective manager, and only for the sole purpose of improving Survey Topper's products and/or services. Survey Topper, vendor and subcontractor employees must always be honest and report accurate information in connection with using, accessing, or participating in the Services. If altered, false, or untrue information or data must be used, prior consent and approval must be received from Survey Topper's Chief Executive Officer.
C. Improper Conduct

Unless authorized pursuant to these Terms or otherwise approved in writing by Survey Topper' Chief Executive Officer, the violation of the terms of this Section 20 by an Survey Topper, vendor or subcontractor employee and/or its Immediate Family Member(s) is a violation of Survey Topper's standards of conduct and any such violation may subject the employee to discipline, including, without limitation, termination of employment.

NOTICES

A. Notice from You to Survey Topper. Except as otherwise set forth herein, or as required by Applicable Laws, all notices to be sent or provided to Survey Topper should: (i) be correctly addressed to the applicable business address, and shall be sufficiently delivered if delivered: (a) by Federal Express, Express Mail, or other nationally or internationally recognized overnight courier service (in which case notice shall be effective one (1) business day following dispatch); or (b) by certified mail, return receipt requested, postage prepaid (in which case notice shall be effective six (6) days following deposit in mail); or (ii) be sent via email to the appropriate member services team. B. Notice from Survey Topper to You Except as otherwise required by Applicable Laws, you agree that Survey Topper may provide notices to you: (i) via the e-mail address provided by you to Survey Topper (in which case notice shall be effective one (1) day following the date the e-mail was sent, provided that Survey Topper did not receive an error message stating that delivery of the e-mail was delayed, that the e-mail address was invalid, or that the e-mail otherwise could not be delivered). C. Legal Notice. All questions regarding these Terms and all legal notices should be sent, to:
Survey Topper
Attn: Legal Department
16 Bhaduri Lane
Serampore. WB
India-712204 

ELECTRONIC SIGNATURES AND AGREEMENTS

You acknowledge and agree that by clicking on the button labeled "SUBMIT", "GET STARTED", “I AGREE”, or “I ACCEPT" or such similar links as may be designated by Survey Topper to accept the terms and conditions of these Terms, you are submitting a legally binding electronic signature and are entering into a legally binding contract. You acknowledge that your electronic submissions constitute your agreement and intent to be bound by these Terms and Conditions. Pursuant to any applicable statutes, regulations, rules, ordinances or other laws, including without limitation the United States Electronic Signatures in Global and National Commerce Act (the “E-Sign Act”) or other similar statutes, YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS AND OTHER RECORDS AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED THROUGH THE SITE OR SERVICES OFFERED BY SURVEY TOPPER. Further, you hereby waive any rights or requirements under any statutes, regulations, rules, ordinances or other laws in any jurisdiction which require an original signature or delivery or retention of non- electronic records, or to payments or the granting of credits by other than electronic means.

SEVERABILITY

If any term or provision of these Terms shall be held or declared to be invalid or unenforceable for any reason by any court of competent jurisdiction, such term or provision shall be deemed null and void and shall not affect the application and/or interpretation of these Terms. The remaining terms or provisions of these Terms shall continue in full force and effect, as if the invalid or unenforceable term or provision was not a part of these Terms.

ARBITRATION

ANY CLAIM OR DISPUTE RELATING IN ANY WAY TO YOUR USE OF THE WEBSITE, SERVICES AVAILABLE ON THE WEBSITE, OR THESE TERMS OF USE SHALL BE SUBMITTED TO CONFIDENTIAL ARBITRATION, except that either party may seek interim relief from any state or federal court in the party's state of residence to protect the party's intellectual property rights. ARBITRATION WOULD REMOVE YOUR RIGHT TO LITIGATE A CLAIM IN COURT OR TO HAVE A JURY TRIAL ON THAT CLAIM. OTHER RIGHTS THAT YOU WOULD HAVE IN COURT MAY NOT BE AVAILABLE IN ARBITRATION. IT IS IMPORTANT THAT YOU READ THIS PROVISION CAREFULLY BEFORE ACCEPTING THESE TERMS OF USE. IF A DISPUTE IS ARBITRATED, YOU GIVE UP YOUR RIGHT TO PARTICIPATE AS A CLASS REPRESENTATIVE OR CLASS MEMBER ON ANY CLASS CLAIM YOU MAY HAVE AGAINST SURVEY TOPPER INCLUDING ANY RIGHT TO CLASS ARBITRATION OR ANY CONSOLIDATION OF INDIVIDUAL ARBITRATIONS. DISCOVERY AND RIGHTS TO APPEAL IN ARBITRATION ARE GENERALLY MORE LIMITED THAN IN A LAWSUIT, AND OTHER RIGHTS AVAILABLE IN COURT MAY NOT BE AVAILABLE IN ARBITRATION.

All disputes between you and Survey Topper, including disputes related to this Agreement, your use of the Website, and/or rights of privacy and/or publicity, will be resolved by binding, individual arbitration under the American Arbitration Association's rules for arbitration of consumer-related disputes and you and Survey Topper hereby expressly waive trial by jury. You may bring claims only on your own behalf. Neither you nor Survey Topper will participate in a class action or class-wide arbitration for any claims covered by this Agreement. You also agree not to participate in claims brought in a private attorney general or representative capacity, or consolidated claims involving another person's account. This dispute resolution provision will be governed by the Federal Arbitration Act. Judgment on the award rendered by the arbitrator may be entered in any court having competent jurisdiction. In any arbitration, Survey Topper will pay the filing, administration, service or case management fee, plus the costs associated with the first day of arbitration, with the remaining costs to be paid by the non-prevailing party. Unless inconsistent with applicable law, each party shall bear the expense of their respective attorneys', experts' and witness fees, regardless of which party prevails in the arbitration. Arbitration shall take place in Los Angeles, California, but may proceed telephonically if the complainant so chooses.

GOVERNING LAW

This Agreement shall be governed and enforced by applicable laws of the State of California (without regard to conflict of law provisions thereof).

TAXES

You agree that you are responsible for all taxes and fees associated with your use of the Survey Topper Website and Service. If you earn more than a certain amount of money on the Website, we may be required by law to mail you a form to obtain your social security number for tax reporting purposes. You agree that you will complete and return all forms we send to you requesting information.

RELATIONSHIP BETWEEN YOU AND SURVEY TOPPER

You shall be an independent contractor and not a partner, joint venturer, or employee of Survey Topper. You shall not represent that you are an agent or representative of Survey Topper.

NO ASSIGNMENT

You may not assign your rights or obligations under this Agreement to any other party without our prior written consent. We may assign our rights and/or obligations under this Agreement to any other party at our discretion.

MISCELLANEOUS TERMS

The headings contained in these Terms are for reference only and shall have no effect on the interpretation and/or application of these Terms. Survey Topper's failure to enforce a breach by you of these Terms shall not waive or release you from such breach and shall not waive, release or prevent Survey Topper from enforcing any subsequent breach by you of these Terms. These Terms, any rules, terms or policies referenced herein or incorporated herein, and any Panel specific requirements, represent the entire understanding and agreement between Survey Topper and you with respect to the subject matter hereof. If parts of these terms and conditions are illegal, unenforceable, or void, the remainder will remain unaffected and enforceable. The Terms stated therein outline the mutual agreements between us. The failure of Survey Topper to exercise or enforce any right or provision of the Agreement shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Survey Topper in writing. The section titles in the Agreement are used solely for the convenience of the parties and have no legal or contractual significance.