PollMole Terms of Service
This Terms of Service agreement, also referred to as Terms of Service, is made between PollMole Corporation, hereinafter referred to as the Company, we, us or our, and the user, also referred to as you, on the day and at the time upon which you accept this Terms of Service agreement by indicating that you accept the Terms of Service when creating your account or when using the Company’s products, websites or services.
In consideration for the use of the Company’s products, websites and/or services, you agree to these Terms of Service. If you have been directed to create an account with the Company or use the Company’s products, websites and services, you affirm that you have authority to bind the entity which gave you such direction and that you are agreeing to the Terms of Service on behalf of both yourself individually and such entity.
When you create an account with the Company, we collect some of your personal information, and when you participate in poll(s), we collect your individual information concerning such poll(s). The Company will endeavor to maintain the confidentiality of your information, but you agree that we may use your information to provide polling data. We will not share your personal information or your individual poll information with third parties, but you agree that we may release your information in response to legal process or if necessary to contest the official results of any election.
The Company provides you with a limited right to use the Company’s products, websites and services. However, you agree that you will not disassemble the software used by the Company in our products, websites and/or services, and you agree to use your best efforts to maintain the confidentiality of our software.
Term and Termination:
The Company may terminate our products, websites and/or services or your use of any or all of them at any time for any reason or for no reason. However, you agree that these Terms of Service continue to apply.
The Company may modify these Terms of Service at any time and may notify you of such modification electronically when you use the Company’s products, websites and/or services, and if you use the Company’s products, websites or services after notification that the Terms of Service have been modified, you agree to the Company’s modified Terms of Service. You many not modify the Terms of Service, but you may cease using the Company’s products, websites and services.
Limitation of Liability and Disclaimer of Warranty:
You agree that the installation and use of software and/or online services expose you to some risks, and you understand that the Company’s products, websites and/or services are provided as is with all faults and as available. The Company provides no warranty whether express or implied related to your installation or use of our products, websites and/or services. You agree to bear the entire risk related to the installation and/or use of the Company’s products, websites and services and agree to hold the Company harmless for any and all damages resulting from such installation or use.
You agree that the Company is providing our products, websites and/or services in Clearwater, Florida and that any and all disputes will be governed under Florida law with venue in Pinellas County, Florida. Furthermore, you agree that all disputes will be submitted to binding arbitration pursuant to the Federal Arbitration Act with the arbitrator of the Company’s choice, with notice by U.S. Mail, and with each party bearing its costs related to dispute resolution. Should you wish to submit a dispute to arbitration, you must contact the Company at P.O. Box 5598, Clearwater, FL 33758 and provide a brief outline of your claim, and the Company will contact you concerning the same and provide you with the name and address of the arbitrator with whom you may file your claim for relief. You agree to waive all other rights to bring any claims for relief in any other forum and all rights to participate in any class action.
You agree that this Terms of Service agreement is the complete agreement of the parties and that all prior or contemporaneous representations are merged into and fully expressed in this Terms of Service agreement. You agree that if any provision of this Terms of Service agreement is deemed to be unenforceable, the remaining provisions are still enforceable. You agree that you had time and opportunity to read this Terms of Service agreement and have it reviewed by counsel of your choice prior to agreeing to it.
Voluntary Electronic Affidavit:
By this Oath, I declare, under penalty of perjury, that my vote(s) as cast in the Election Day Exit Poll feature of the PollMole™ Technology truly, accurately and correctly replicate(s) how I cast my official vote(s) for the candidate(s) in this election, and has/have been faithfully executed by me, and is/are intended to be similarly counted and recorded on Election Day, and is/are hereby intended to be chronicled by this proxy in this electronic record. My vote(s) was/were cast freely, without duress or subornation, and I voluntarily, without seeking reward, enrichment or compensation, hereby give my unrestricted consent for PollMole Corporation to provide the information contained in this electronic record, in full or in part, to any party(ies) in interest, in any proceeding, both judicial and extrajudicial, as such is thereby intended to provide evidence to confirm, validate, authenticate, verify and / or otherwise certify, officially or unofficially as the case may be, the results of this election.