TERMS AND CONDITIONS

1. TRONE SITE - PANELIST AGREEMENT.

This Agreement sets forth the terms and conditions that apply to your use of the opinion.trone.com web site (“opinions@trone”) and any and all other products, services, polls, or surveys offered by Trone Advertising, Inc. (“Trone”) through opinions@trone or through other means.  The privilege to use opinions@trone and any other product or service offered by Trone is personal to you and is not transferable to any other person or entity and may be revoked by us at any time for any reason.

Acceptance of Terms.  Your completion of the initial questionnaire shall conclusively be deemed to constitute your acceptance of the Terms and Conditions in this Agreement.

Definitions.  The “Surveys” are the online poll and survey opportunities operated by Trone on the World Wide Web or offered to Panelists by any other means.  “Panelist” means each person who visits opinions@trone and/or registers to participate in any of the Surveys offered by Trone.  These Terms and Conditions will apply to all Panelists unless otherwise noted.

General.  Trone shall have the right at any time to change or discontinue any aspect or feature of the Surveys, the form for registration as a Panelist, the Surveys provided, or any other item presented on the web site.

Changed Terms.  Trone shall have the right at any time to change or modify these Terms and Conditions applicable to use of the Surveys.  Such changes, modifications, additions, or deletions shall be effective immediately upon posting a revised version of these Terms and Conditions on opinions@trone.  Any participation in a Survey by a Panelist after such notice (other than to terminate Panelist’s participation) shall conclusively be deemed to constitute acceptance by the Panelist of such changes, modifications, additions or deletions.  Each Panelist agrees to review the Terms and Conditions periodically to be aware of such revisions.

2. PANELIST CONDUCT.

The Surveys shall be used only for the purpose of responding to polls and surveys in which Panelist is invited to participate.  Panelist may not use the Surveys or opinions@trone for any other purpose.  Each Panelist acknowledges that he or she understands this limited use of the Surveys and agrees that he or she will not use the Surveys for any other purpose.  The Surveys may contain copyrighted material, trademarks and other proprietary information.  No Panelist may modify, publish, transmit, participate in the transfer or sale of, create derivative works from, reveal or display publicly or in any way exploit, any of the content of the Surveys, in whole or in part, without the express written permission of Trone.

Each Panelist hereby grants to Trone, its successors, assigns and licensees, an irrevocable, royalty-free license to use, reproduce, modify, adapt, publish, translate, perform, create derivative works from, and display any information, or other content of any nature whatsoever, in whole or in part, provided by Panelist in the course of, or arising out of, Panelist’s participation in the Surveys, and to incorporate such content in other works in any form, media or technology now known or hereinafter developed.

Each Panelist shall provide Trone with accurate, complete and updated information as to his or her name and email address provided by Panelist at registration.  Once a Panelist is registered, he or she should use the “Update Registration” link to update their registration information.  If you need an email account, free email services are available through companies such as hotmail.com, netzero.com, juno.com, and other companies.  If you need Internet access, visit your local library.

Each Panelist shall be entitled to register once, and that registration shall be in the name of Panelist.  No Panelist may select or use a Panelist name or email address of another person, or use multiple e-mail addresses on opinions@trone.  No Panelist may respond to any poll or survey more than once.  No employee of Trone, or family member of an employee of Trone, shall be entitled to register as a Panelist.

The foregoing provisions of this Section 2 are for the benefit of Trone, its affiliates, and any third party providers and licensors, if any, and each shall have the right to assert and enforce such provisions directly on its own behalf.

Any violation by a Panelist of these Terms and Conditions may result in termination of that Panelist’s registration, and may also result in civil liability for all damages suffered by Trone as a result of such violation.

3. DISCLAIMER OF WARRANTY - LIMITATION OF LIABILITY.

(A)  Each Panelist expressly agrees that Panelist’s use of the Surveys is at his or her sole risk.  None of Trone, its affiliates or any of their respective employees, agents, third party content providers, or licensors, if any, warrant that the use of and access to the Surveys will be uninterrupted or error free.

(B)  The Surveys are provided on an “as is” basis without warranties of any kind, either expressed or implied, including but not limited to warranties of title or implied warranties of merchantability or fitness for a particular purpose, other than those warranties that are implied by and incapable of exclusion, restriction, or modification under the laws applicable to this Agreement.

(C)  The disclaimers of liability contained in this Section 3 apply to any damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft, or destruction or unauthorized access to, alteration of, or use of record, whether for breach of contract, tortious behavior, negligence, or under any other cause of action.  Each Panelist specifically acknowledges that Trone is not liable for the defamatory, offensive or illegal conduct of third parties, including other Panelists and that the risk of injury from the foregoing rests entirely with each Panelist.

(D)  In no event shall Trone or any person or entity involved in creating, producing or distributing the Surveys be liable for any direct, indirect, incidental, special, or consequential damages arising out of the use of or inability to use the Surveys or out of the breach of any warranty.  No responsibility is assumed by Trone or any of its subsidiaries or affiliate for any lost, late, corrupted or misdirected communication, or for any computer online, telephone or technical malfunctions that may occur.

(E)  Trone neither endorses nor is responsible for any offensive, defamatory or obscene posting made on the Surveys by anyone.  Under no circumstances will Trone be liable for any loss or damage caused by a Panelist’s reliance on information obtained through the content on the Surveys, or in any communication associated with the Surveys.

(F)  Each Panelist specifically acknowledges that in no event will Trone, its affiliates or any of their respective employees or agents be liable for any direct, indirect, incidental, special or consequential damages arising out of the use by such Panelist of any browser owned or operated by any party and/or the downloading of any software owned or operated by any third party in connection with the Surveys.

4. MONITORING.

Trone shall have the right, but not the obligation, to monitor the content of the Surveys to determine compliance with this Agreement and any other operating rules established by Trone.  Trone shall have the right in its sole discretion to edit any material on the Surveys.  Without limiting the foregoing, Trone shall have the right to remove any material that Trone, in its sole discretion, finds to be in violation of the provisions hereof, otherwise objectionable or stale.  Notwithstanding this right of Trone, Panelists shall remain solely responsible for the content of their answers.  Each Panelist acknowledges and agrees that neither Trone nor any third party content provider shall assume or have any liability for any action or inaction by Trone or any third party content provider with respect to any conduct or communication relating to the Surveys.

5. SWEEPSTAKES.

General.  Each Panelist acknowledges that Trone may use sweepstakes to reward Panelists who participate in the Surveys on opinions@trone.

Odds of Winning.  Panelist acknowledges that sweepstakes are designed so that not every participant wins, and that many participants will not win any reward for their effort in completing a Survey.  Trone will include in each e-mail inviting Panelists to participate in any Survey (or otherwise provide with each invitation to Panelists to participate) an approximation of the chances of winning in the sweepstakes and the value of the prize.  The actual odds will vary depending on the number of Panelists who actually participate, and Trone may not be able to control the number of Panelists who actually participate. 

No Participation by Persons Under the Age of 21.  Only Panelists who are legal residents of the 50 United States, the District of Columbia, U.S. Military personnel (and their families) with APO/FPO addresses, and Canada (except the province of Quebec) who are 21 years of age or older shall be entitled to participate in any sweepstakes reward.

Taxes; Transfer.  Panelists who are selected as sweepstakes winners are responsible for the payment of all applicable federal, state, and local taxes related to the prize.  Prizes are not transferable.

6. INDEMNIFICATION.

Each Panelist agrees to defend, indemnify and hold harmless Trone, its affiliates and their respective directors, officers, employees and agents from and against all claims, demands, causes of action, and expenses, including attorneys’ fees, arising out of the use of the Surveys by such Panelist.  In all cases, Trone shall be entitled to a defense using counsel of its choosing, and at the sole expense of such Panelist.

7. TERMINATION.

Either Trone or Panelist may terminate this Agreement at any time, and for any reason.  A Panelist’s only right with respect to any dissatisfaction with any terms and conditions of this Agreement, any policy or practice of Trone in operating the Surveys, or any content available through the Surveys or any change therein, is to terminate this Agreement by sending an e-mail message that he or she wishes to be removed as a participant to  opinion@trone.com, or by using the “Panelist Update” link provided with e-mail messages Trone has sent to Panelist.  Without limiting the foregoing, Trone shall have the right to immediately terminate this Agreement with respect to any Panelist in the event of any conduct by Panelist that Trone, in its sole discretion, considers to be unacceptable, or in the event of any breach by Panelist of this Agreement.  The provisions of Sections 3, 4, 6, and this Section 7 shall survive termination of this Agreement.

8. TRADEMARKS.

All trademarks are the property of Trone.  All rights reserved.  All other trademarks appearing on the Surveys are the property of their respective owners.

9. EQUIPMENT.

Each Panelist shall be responsible for obtaining and maintaining all telephone, computer hardware and other equipment needed for access to and use of the Surveys, and Panelists shall be responsible for all charges related thereto.

10. VOID WHERE PROHIBITED.

The Surveys and Sweepstakes are void where prohibited by law.

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