Last modified: 25 July 2018
GeoPoll.com is owned, operated and provided by Mobile Accord, Inc. (MAI T/A GeoPoll), 3000 Lawrence Street, Suite 125, Denver, CO 80205 USA. These Terms of Service (“Terms”) govern your access to and use of the GeoPoll.com site, including the GeoPoll Mobile Application, (collectively the “Site”), and other GeoPoll Services (“Services”).
By using our services or accessing our websites, you are agreeing to these Terms so please read them carefully.
Using GeoPoll Services
You must follow any policies made available to you within the Services. You are responsible for your use of the Services, for any content you post to the Services, and for any consequences thereof. All products, Services, information, data, images, graphics, information and other components of the Site (“MAI Content”) are copyrighted and owned by MAI unless otherwise disclosed. Do not misuse the Site or the Services. Any unauthorized use of the MAI Content may violate intellectual property rights of MAI or a third party. MAI Content may not be copied, distributed, disclosed, posted, copied or transmitted in any way unless approved by MAI or otherwise provided for in additional terms applicable to a specific Service. The MAI Content, Site and Services are provided for lawful purposes only.
Your Responsibilities and GeoPoll Account
You may need a GeoPoll account in order to use our Services. Additional terms apply to your GeoPoll account. If you learn of any unauthorized use of your password or account please contact us immediately at [email protected].
Opting Out of GeoPoll Services.
Intellectual Property Rights
GeoPoll is a trademark of MAI. Using the Services does not give you any ownership of any intellectual property rights in the Site, the Services or the content you access. Except as expressly provided herein, or in any additional terms related to a specific Service, MAI dos not grant any express or implied right to you or any other user of the Site or Services. MAI reserves all rights in the Site and the Services that are not expressly granted. You acknowledge and agree that MAI Content made available to you through the Site or Services may be subject to the intellectual property rights of third parties.
MAI responds to notices of alleged copyright infringement and terminates accounts of repeat infringers according to the process set out in the U.S. Digital Millennium Copyright Act.
YOUR ACCESS TO AND USE OF THE SITE AND SERVICES OR ANY MAI CONTENT IS AT YOUR OWN RISK. YOU UNDERSTAND AND AGREE THAT SERVICES ARE PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS. WITHOUT LIMITING THE FOREGOING, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, MAI AND ITS AFFILIATES DISCLAIM ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, OR MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. YOU USE THE SITE AND SERVICES SOLELY AT YOUR OWN RISK AND SUBJECT TO ALL APPLICABLE LOCAL, STATE, NATIONAL, AND INTERNATIONAL LAWS AND REGULATIONS. MAI AND ITS AFFILIATES ARE NOT RESPONSIBLE FOR THE SECURITY OF ANY INFORMATION TRANSMITTED THROUGH API, SMS, INTERNET, MOBILE APPLICATION, OR ANY OTHER COMMUNICATION TECHNOLOGY, THE ACCURACY OF THE INFORMATION CONTAINED ON THE SITE, OR FOR THE CONSEQUENCES OF ANY RELIANCE UPON SUCH INFORMATION.
MAI MAKES NO WARRANTIES AND DISCLAIMS ALL RESPONSIBILITY AND LIABILITY FOR: (1) THE COMPLETENESS, ACCURACY, AVAILABILITY, TIMELINESS, SECURITY, RELIABILITY OF THE SERVICES, SITE OR MAI CONTENT; (2) ANY HARM TO YOUR COMPUTER SYSTEM, WIRELESS DEVICE, ETC., OR OTHER HARM THAT RESULT FROM YOUR ACCESS TO OR USE OF THE SERVICES, SITE OR MAI CONTENT; AND (3) THE DELETION OF, OR THE FAILURE TO STORE OR TO TRANSMIT MESSAGES OR OTHER COMMUNICATIONS MAINTAINED BY THE SERVICES.
SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
Limitations on Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, MAI AND ITS AFFILIATES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, RELIANCE, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (i) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SITE OR SERVICES; (ii) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SITE OR SERVICES, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; (iii) ANY CONTENT OBTAINED FROM THE SITE OR SERVICES; OR (iv) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT.
THE ABOVE LIMITATION MAY NOT APPLY TO YOU TO THE EXTENT THAT APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN DAMAGES. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF MAI AND ITS AFFILIATES EXCEED THE GREATER OF ONE HUNDRED U.S. DOLLARS (U.S. $100.00) OR THE AMOUNT YOU PAID FOR THE SERVICES, IF ANY, IN THE PAST SIX MONTHS FOR THE SERVICES GIVING RISE TO THE CLAIM.
THE LIMITATIONS OF THIS SUBSECTION SHALL APPLY TO ANY THEORY OF LIABILITY, WHETHER BASED ON WARRANTY, CONTRACT, STATUTE, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, AND WHETHER OR NOT MAI HAS BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGE.
Class Action Waiver
MAI and you agree to resolve any disputes, claims or controversies on an individual basis, and that any claims brought under these App Terms in connection with the Apps or Services will be brought in an individual capacity, and not on behalf of, or as part of, any purported class, consolidated, or representative proceeding. MAI and you also agree that neither you nor MAI shall participate in any consolidated, class or representative proceeding, existing or future, brought by any third party arising under these App Terms in connection with the Apps or Services. If this waiver of class action is void or unenforceable for any reason, then any disputes, claims or controversies will be litigated in federal court located in Denver, Colorado.
Terminating Services and Accounts
These Terms become effective upon your access of the Site or Services and continue until terminated either by you or MAI. Unless otherwise provided in additional terms agreed upon by you for a specific Service, you can stop using our Services at any time. MAI may also stop providing Services to you, or add or create new limits to our Services at any time.
Third Party Sites
The Site or Services may contain links to third party websites or resources. You acknowledge and agree that MAI and its affiliates are not responsible or liable for: (1) the availability or accuracy of such websites or resources; (2) the content, products, or services available from such websites or resources. Links to such websites do not indicate any endorsement of such services, products or content. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.
MAI may allow you to remark or comment on some pages of the Site. Your posing gives MAI the right or license to adopt, publish, reproduce, disseminate, retransmit, copy, display or otherwise use any ideas, suggestions, information, know-how content or materials posted or received through the Site.
These terms control the relationship between MAI and you. They do not create any third party beneficiary rights. If you do not comply with these terms, and we don’t take action right away, this doesn’t mean that we are giving up any rights that we may have in the future. If it turns out that a particular term is not enforceable, this will not affect any other terms.
The laws of the State of Colorado, USA will apply to any disputes arising out of or relating to these terms or the Services without regard to or application of its conflict of laws rules or your state or country of residence. All claims arising out of or relating to these terms or the Services will be litigated exclusively in the federal or state courts of Denver County, Colorado, USA, and you and MAI consent to personal jurisdiction in those courts and waive any objection as to inconvenient forum.
You may contact us to provide feedback at:
3000 Lawrence Street
Denver, CO, 80205
Or by email: [email protected]