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ClearVoice Surveys Terms of Use

Terms of Use

Last Updated: December 31, 2019

BY ACCESSING AND USING THE ClearVoiceSurveys.com, LLC (HEREINAFTER “ClearVoiceSurveys.com, LLC,” “WE,” OR “US”) WEB SITE AND OUR SERVICES PROVIDED ON THE WEB SITE (COLLECTIVELY, THE “WEBSITE”), YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE LEGALLY BOUND BY THESE TERMS OF USE (THESE “TERMS”).

By using the Website, you are representing that you are at least 16 years old. The Website is expressly not designed for or directed to children under the age of 16. We reserve the right to take any action necessary to protect ourselves and our users if we believe that any person under the age of 16 has used our Website in contravention of this section, including deleting all information provided by such person and using technical measures, such as IP address blocking, to prevent such person from attempting to access the Website.

1. Updates to these Terms or the Website

We may modify these Terms, with or without notice, at any time. Modifications will be posted in on this webpage. To help you stay current of any changes, we may take the following two steps: (1) we note the date these Terms was last updated below and (2) when we make a change to these Terms, we may post conspicuous announcements of such changes on the homepage of the Website. Your use of the Website after such changes have been posted will constitute your agreement to the modified Terms and all of the changes. You should read these Terms each time you access, and prior to using, the Website. If you disagree with the provisions of these Terms at any time, your sole remedy is to terminate your use of the Website. Continued use of the Website constitutes your agreement to these Terms as in effect.

ClearVoiceSurveys.com, LLC reserves the right to make changes to, suspend, or discontinue (temporarily or permanently) the Website or any portion thereof (including any Content) at any time. You agree that ClearVoiceSurveys.com, LLC will not be liable to you or to any third party for any such change, suspension, or discontinuance.

2. Use of the Website; Participation in Services

The purpose of the Website is to connect users like you with third-party companies that have a need to collect opinions, reviews, and experiences on their products or products of their clients (the “Companies”) and are willing to provide certain compensation for doing so (the “Reward(s)”). By using the Website, you expressly acknowledge that we act solely as a neutral interactive service provider that provides a website where you can participate in certain opportunities provided by third parties. AS SUCH, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT WE ARE NOT RESPONSIBLE, NOR SHALL WE BE LIABLE, FOR ANY INTERACTION YOU MAY HAVE WITH SUCH COMPANIES AND YOU HEREBY WAIVE ANY CLAIM YOU MAY HAVE AGAINST US AS A RESULT OF SUCH INTERACTION AND SHALL LOOK ONLY TO THE APPLICABLE COMPANY FOR SATISFACTION OF ANY SUCH CLAIM.

3. Ownership of Content

Unless otherwise noted, we own or have the rights to use under license all text, content and documents on the Website, any names, logos, trademarks, service marks, brand identities, characters, trade names, graphics, designs, copyrights, trade dress, or other intellectual property appearing in the Website, and the organization, compilation, look and feel, illustrations, artwork, videos, music, software and other works on the Website (the “Content”). All Content is protected under copyright, trademark and other intellectual property and proprietary rights laws. The use or misuse of any Content, except as provided in these Terms or in the Content, is strictly prohibited. We grant you a non-exclusive, limited, personal, non- transferable, revocable, license to access and use the Content, without right to sublicense, under the following conditions: (a) you shall not, without our express written consent, distribute text or graphics to others, (b) you shall not, without our express written consent, copy and retransmit, disseminate, broadcast, circulate, or otherwise distribute the Content on any other server, or modify or re-use all or part of the Content on this system or any other system, (c) you shall not use any of our tradenames, trademarks, or brand names, or those of any Company with whom you do business via this Website, in metatags, keywords and/or hidden text, (d) you shall not, without our express written consent, copy, distribute, modify, transmit, perform, reuse, re-post, or otherwise display the Content, in whole or in part, for public or commercial purposes and shall not modify, translate, alter or create any derivative works thereof, (e) you shall not create derivative works from the Content or commercially exploit the Content, in whole or in part, in any way, (f) you shall not use the Website, the Content, and/or any portion thereof, in any manner that may give a false or misleading impression, attribution or statement to us, and (g) you shall use the Content, and/or any services and products on the Website or accessible via the Website for lawful purposes only. We reserve all other rights. You do not acquire ownership rights to any Content viewed or accessed, and our posting of the Content on the Website does not constitute a waiver of any right in such Content. You shall not alter, remove or obscure any copyright notice, digital watermarks, proprietary legends or any other notice included in the Content. Except as expressly provided herein, nothing on the Website shall be construed as conferring any other license, whether by estoppel, implication or otherwise. Notwithstanding anything herein to the contrary, we may revoke any of the foregoing rights and/or your access to the Website, or any part thereof, including the blocking of your IP Address, at any time without prior notice.

4. Access to the Website; Account Registration and Security

You are responsible for obtaining access to the Website and understand that access may involve third-party fees (such as Internet services provider or airtime charges). You are responsible for those fees. In addition, you must provide and are responsible for all equipment necessary to access the Website.

In order to access and use certain features of the Website, you will have to create an account (“Member Account”). Only one Member Account per person may be created. You agree to provide true, accurate, current, and complete information about yourself as prompted by the applicable registration or log-in form, and you are responsible for keeping such information up to date. You are responsible and liable for all activities conducted through your Member Account, regardless of who conducts those activities. You may not share your Member Account with anyone or allow anyone else to access or use your Member Account. You are responsible for maintaining the confidentiality of your Member Account information, including your username and password. You agree to immediately notify ClearVoiceSurveys.com, LLC of any unauthorized use of your Member Account, or any other breach of security. We are not liable for any loss or damage arising from your failure to protect your username or password.

5. Privacy

You acknowledge and agree that all information collected by ClearVoiceSurveys.com, LLC is subject to our Privacy Policy. By using the Services, you consent to all actions we take with respect to your information in compliance with our Privacy Policy.

6. Security Warning

We take commercially reasonable precautions and have implemented commercially reasonable technical measures intended to protect against the risks of unauthorized access to, erroneous disclosure of, and unlawful interception of information submitted via the Website. However, no system is perfect, and it is possible that other users or unauthorized “hackers” may post or transmit offensive or obscene materials on the Website and that you may be involuntarily exposed to such materials. It may also be possible for other users or “hackers” to obtain personal information about you. By using the Website, you assume the risk of such occurrences.

7. Rewards

For each approved survey you complete at ClearVoiceSurveys.com, LLC you will be awarded the Reward amount specified on the Website or in the email invitation in connection with such survey. In certain circumstances, we may collect the Reward from the Company on your behalf and remit it to you. In other cases, the Company may provide Rewards directly to you upon your submission of completed versions of the claim documentation requested by Company. Your expressly acknowledge and agree that:

  1. To receive and redeem Rewards, each survey must be completed in full and your survey responses must be approved and accepted by the applicable Company. Possible reasons that a Company may reject your survey responses include, but are not limited to, the following:
    1. The time taken to complete this survey was noticeably shorter than other responses.
    2. There was a conflict between multiple answers you provided within the survey.
    3. Responses from open-ended questions were insufficient or did not make sense.
    In some instances Rewards may be issued prior to review and acceptance of your survey responses by the applicable Company. In the event that survey responses are rejected by a Company for any reason, ClearVoiceSurveys.com, LLC will revoke all issued awards associated with the rejected survey. Where a survey is rejected and rewards are revoked, your Member Account balance will be adjusted to reflect only rewards earned prior to the date of such rejection. ClearVoiceSurveys.com, LLC records all instances where a member survey has been rejected and reserves the right to immediately terminate your Member Account due to such rejection. If your Member Account is terminated for any reason, ClearVoiceSurveys.com, LLC will permanently revoke all earned Rewards and you will not be entitled to and will not receive any compensation from us.
  2. Where we collect and administer your Reward on behalf of Company, provision of the Reward to you is contingent upon our receipt of the Reward from the applicable Company. In the event that any Company fails to provide the sufficient funds to satisfy the Reward to us, you agree that Company shall be solely liable for such failure and you shall look only to Company with respect to any claims you may have for the applicable Reward. For the avoidance of doubt, you expressly agree to release us and hold us harmless against any claim for any unpaid Rewards where the applicable Company has failed to provide the Reward to us.
  3. Where the applicable Company administers its own Reward program and provides Rewards directly to you, you agree that Company is solely responsible for such Reward and Company alone (and not ClearVoiceSurveys.com, LLC) is liable for any failure to pay such Reward or remit such reward in a timely manner. For the avoidance of doubt, you expressly agree to release us and hold us harmless against any claim for any unpaid Rewards where the applicable Company fails to provide the Reward to you.
    You must complete the survey in full to receive the Reward amount. For Rewards administered by us, you must earn the minimum amount of Rewards required to make a redemption stated on the Website, as such may be amended from time to time. To redeem your Rewards, you may access the ‘Rewards’ area of the Website. Select the desired redemption option from those listed on the site and follow the instructions given to process your Reward. The rewards represented in the ‘Rewards’ area of the Website and the minimum redemption amount are subject to change by ClearVoiceSurveys.com, LLC at any time without prior notice. Rewards earned from participating in surveys are valid for one year from the award date. If unused on the 366th day after being deposited into your Member Account, your reward will expire and be removed from your Member Account Balance. For example, if you are awarded $5.00 on January 15, 2019 and by January 16, 2020, the expired $5.00 reward will be removed from your Member Account leaving a balance of $0.00. ClearVoiceSurveys.com, LLC will redeem rewards from your Member Account based upon the award date. Your “oldest” Reward funds will be deducted first, leaving your most recently earned Rewards in your Member Account.

8. Third-Party Rewards Partners

Rewards are provided by third party Rewards Partners and are subject solely to rules and restrictions imposed by such Rewards Partners with respect to usage requirements, restrictions on use, inactivity fees or expiration dates. All rewards are paid via Amazon.com gift cards and are issued as of the day upon which you redeem your Rewards and not the day you earn your Rewards. We do not have control over Amazon’s gift card management or services, and ClearVoiceSurveys.com, LLC assumes no liability, obligation or responsibility for, and makes no warranty with respect to, any restrictions, rules or policies that may be applicable to Amazon.com gift cards. For example, if you earn Rewards on January 1, 2020 and redeem your Amazon.com gift card on May 1, 2020, then: (a) Amazon.com is solely responsible for the rules, policies and restrictions governing such gift card; (b) the applicable date for determining the issuance of the reward is May 1, 2020, with respect to calculating expiration dates.

9. Member Conduct

You agree not to use ClearVoiceSurveys.com, LLC or this Website to:

  1. Violate any local, state, national or international law;
  2. Stalk, harass, or harm another individual;
  3. Collect or store personal data about other members;
  4. Impersonate any person, or otherwise misrepresent a member’s identity;
  5. Interfere with, disrupt or violate these Terms or any other terms and conditions or operating rules of ClearVoiceSurveys.com, LLC or servers or networks connected to ClearVoiceSurveys.com, LLC;
  6. Disobey any requirements, procedures, policies, or regulations of such networks;
  7. Interfere with another member’s use of ClearVoiceSurveys.com, LLC;
  8. Attempt to gain unauthorized access to ClearVoiceSurveys.com, LLC, or to other accounts, computer systems, or networks connected to ClearVoiceSurveys.com, LLC;
  9. Transmit any file that contains viruses, worms, Trojan horses, or any other contaminating or destructive features;
  10. Use the Website to conduct any illegal activity or solicit the performance of any illegal activity or other activity that infringes the rights of others; or
  11. Provide any false or untruthful answers to any survey questions.

We reserve the right to withhold any Rewards if, in our sole discretion, we determine that you have engaged in any of the foregoing activities.

10. No Resale; Improper Use

You are expressly prohibited from using or accessing the Website for or attempting to promote the use of and access to the Website in connection with, any plan, scheme, strategy, or purpose as a means of generating income by providing access to others. FOR THE AVOIDANCE OF DOUBT, YOU ARE EXPRESSLY PROHIBITED FROM MAKING ANY STATEMENT THAT SUGGESTS, IMPLIES, OR STATES THAT THE SITE MAY BE USED FOR THE PURPOSE OF “WORKING FROM HOME.”

11. Termination

We may terminate or suspend your Member Account or use of the Website, at any time, effective immediately and without prior notice, with or without cause.

12. Indemnity

You agree to defend, indemnify and hold harmless ClearVoiceSurveys.com, LLC, its subsidiaries, affiliates, officers, directors, employees, agents and licensees from any claims, losses, damages, expenses, demands, and costs (including without limitation reasonable attorneys fees), arising out of or relating to your use of the Website; receipt of any Reward; participation in any Survey; receipt of any product, including any product provided for testing purposes, by any ClearVoiceSurveys.com, LLC; and any violation by you of these Terms or applicable law. Further, you expressly release ClearVoiceSurveys.com, LLC, its subsidiaries, affiliates, officers, directors, employees, and agree to hold the same harmless, from any claims you might have with respect to, arising out of or in connection with, your use of the Website, and permanently and irrevocably waive all such claims. Your indemnification, defense, and hold harmless obligations will survive the termination of your use of the Website and/or these Terms.

13. Disclaimer of Warranties

WITHOUT LIMITING THE FOREGOING, THE CONTENT AND ALL OTHER FEATURES ON THE WEBSITE ARE PROVIDED TO YOU “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND WITH RESPECT TO THE WEBSITE AND/OR CONTENT, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON- INFRINGEMENT. SHOULD APPLICABLE LAW NOT PERMIT THE FOREGOING EXCLUSION OF EXPRESS OR IMPLIED WARRANTIES, THEN COMPANY HEREBY GRANTS THE MINIMUM EXPRESS OR IMPLIED WARRANTY REQUIRED BY SUCH APPLICABLE LAW. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM COMPANY, ITS EMPLOYEES, AGENTS, SUPPLIERS OR ANY OTHER PERSONS SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS SECTION.

ADDITIONALLY, COMPANY DOES NOT MAKE ANY WARRANTIES THAT THE WEBSITE WILL BE UNINTERRUPTED, SECURE OR ERROR FREE OR THAT YOUR USE OF THE WEBSITE WILL MEET YOUR EXPECTATIONS, OR THAT THE WEBSITE, CONTENT, OR ANY PORTION THEREOF, IS CORRECT, ACCURATE, OR RELIABLE. COMPANY RESERVES THE RIGHT TO CHANGE ANY PART OF THE WEBSITE AT ANYTIME WITHOUT NOTICE. WE EXPRESSLY DISCLAIM ANY WARRANTIES IN CONNECTION WITH ANY REWARDS OR PRODUCTS OR SERVICES PROVIDED BY A COMPANY.

14. Limitation on Liability

YOUR USE OF THE WEBSITE IS AT YOUR OWN RISK. NEITHER WE NOR OUR AFFILIATES, OR ANY OF THEIR AND OUR RESPECTIVE OFFICERS, DIRECTORS, AGENTS OR OTHER REPRESENTATIVES WILL BE LIABLE FOR ANY DAMAGES, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR PUNITIVE, INCLUDING, WITHOUT LIMITATION, LOSS OF DATA, INCOME, PROFIT OR GOODWILL, LOSS OF OR DAMAGE TO PROPERTY AND CLAIMS OF THIRD PARTIES ARISING OUT OF YOUR ACCESS TO OR USE OF THE SITE OR ARISING OUT OF ANY ACTION TAKEN IN RESPONSE TO OR AS A RESULT OF ANY CONTENT, SURVEY, OR OTHER INFORMATION AVAILABLE ON THE SITE, HOWEVER CAUSED, WHETHER BASED ON BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), PROPRIETARY RIGHTS INFRINGEMENT, PRODUCT LIABILITY OR OTHERWISE. THE FOREGOING SHALL APPLY EVEN IF WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOU BECOME DISSATISFIED IN ANY WAY WITH THE SITE OR ITS TERMS OF USE OR PRIVACY POLICY, YOUR SOLE AND EXCLUSIVE REMEDY IS TO STOP YOUR USE OF THE WEBSITE AND ITS SERVICES. YOU HEREBY WAIVE ANY AND ALL CLAIMS AGAINST US AND OUR AFFILIATES, AGENTS, REPRESENTATIVES AND LICENSORS ARISING OUT OF YOUR USE OF THE WEBSITE. BECAUSE SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN TYPES OF DAMAGES, THESE PROVISIONS MAY NOT APPLY TO YOU. IF ANY PORTION OF THIS LIMITATION ON LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN OUR AGGREGATE LIABILITY SHALL NOT EXCEED ONE HUNDRED DOLLARS ($100.) THE LIMITATION OF LIABILITY HEREIN IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN AND REFLECTS A FAIR ALLOCATION OF RISK. THE SITE, AND THE OPPORTUNITIES TO PARTICIPATE IN SURVEYS AND EARN REWARDS, WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS AND YOU AGREE THAT THE LIMITATIONS AND EXCLUSIONS OF LIABILITY, DISCLAIMERS AND EXCLUSIVE REMEDIES SPECIFIED HEREIN WILL SURVIVE EVEN IF FOUND TO HAVE FAILED IN THEIR ESSENTIAL PURPOSE.

15. Choice of Law and Enforcement

Your access to the Website as well as these Terms and the agreement they create are governed and interpreted by the laws of the State of Colorado, other than such laws, rules, regulations and case law that would result in the application of the laws of a jurisdiction other than the State of Colorado.

Through your use of this Website, you consent to the application of such laws and the exclusive jurisdiction and venue of the courts of the United States and the State of Colorado in all disputes: (a) arising out of or relating to the Website and/or these Terms; (b) in which the Website and/or these Terms are an issue of fact; or (c) in which the Website and/or these Terms are referenced in a paper filed in such dispute. Both ClearVoiceSurveys.com, LLC and you hereby irrevocably agree that such courts shall have in person jurisdiction and venue with respect to such party, and each of us hereby irrevocably submits to the in person jurisdiction and venue of such courts and waives any objection based on inconvenient forum. A printed version of this Privacy Policy and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Privacy Policy to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

16. No Framing; Links; Third-Party Websites

Framing, in-line linking or other methods of association with the Website are expressly prohibited without our prior written approval. The Website may display, include, or make available third-party content (including data, information, applications and other products services and/or materials) or provide links to third-party websites or services (collectively, “Third-Party Materials”). You acknowledge and agree that ClearVoiceSurveys.com, LLC is not responsible for any Third-Party Materials, including their accuracy, completeness, timeliness, validity, legality, decency, quality, or any other aspect thereof. ClearVoiceSurveys.com, LLC does not assume and will not have any liability to you or any other person or entity for any Third-Party Materials. Third-Party Materials and links thereto are provided solely as a convenience to you, and you access and use them at entirely at your own risk and subject to such third parties’ terms and conditions.

17. Ability to Accept Terms

You affirm that either you are more than 18 years of age, or an emancipated minor, or, if you are under the age of 18, you possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms, and to abide by and comply with these Terms.

18. Assignment

The Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by us without restriction.

19. Electronic Communications

The communications between you and ClearVoiceSurveys.com, LLC via the Website use electronic means. For contractual purposes, you consent to receive communications from us in electronic form, and you agree that all terms and conditions, agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

20. Notice to California Residents

If you are a California resident, in accordance with Cal. Civ. Code §1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (800) 952-5210.

21. Miscellaneous

These Terms, including our Privacy Policy, constitute the sole and entire agreement between you and ClearVoiceSurveys.com, LLC with respect to the subject matter hereof, and supersede and replace all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. Our failure to enforce any provision of these Terms shall not be deemed a waiver of such provision nor of the right to enforce such provision. If any part of these Terms is determined to be invalid or unenforceable pursuant to applicable law, including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms shall continue in effect. A printed version of these Terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

22. Text Messages

  1. By submitting your mobile device number and opting-in, you expressly consent to the processing of your personal information.
  2. According to this privacy policy. You also expressly consent to ClearVoiceSurveys.com, LLC, and any affiliates sending advertisements and other content via text message (sms/mms/automated technology) to your mobile device at the phone number you provide. By opting-in, you understand and authorize ClearVoiceSurveys.com, LLC, and any affiliates to send SMS/MMS text messages to your mobile device, including through automated technology or an automated telephone dialing system.
  3. You understand and agree that you are not required to sign this agreement (directly or indirectly), or agree to enter into such an agreement as a condition of purchasing any property, goods, or services.
  4. You affirm:
    1. that you are over the age of 18 or have obtained legal parental or guardian consent;
    2. you have entered the phone number correctly;
    3. you are the owner of the mobile device and the phone number provided;
    4. you are authorized to enter into this agreement.
  5. You agree to contact us to let us know (within 48 hours) if your phone number changes or is reassigned.
  6. You understand that your mobile carrier’s messaging and data rates may apply.
  7. All charges are billed by and payable to your mobile service provider.
  8. ClearVoiceSurveys.com, LLC, and their affiliates do not charge you for sending or receiving SMS/MMS messages to or from 888999.

If you have any questions about the Website, our services, or these Terms, please call us at 303.534.3333, email us at customercare@clearvoicesurveysmail.com, or write to us at:
ClearVoiceSurveys.com, LLC
205 North Detroit Street Suite 600
Denver, CO 80206