TERMS OF USE

This is a legal agreement (“Agreement”) between you (referred to herein as “you” or “your”) and Yesfree.com LLC (referred to herein as “Company”).  By accessing any of the websites associated with Company, including, but not limited to, www.yourfreesurveys.com and www.onlycashsurveys.com (individually or collectively, the “Site”), and providing information required by Company in connection with the Services (hereinafter defined) accessible through the Site (“Registering”), you become a user and agree to, and are bound by, the terms and conditions of this Agreement for as long as you continue to use the Site and/or the Services. IF YOU DO NOT AGREE TO BE BOUND BY THIS AGREEMENT, DO NOT USE THE SITE OR THE SERVICES. Your use of, or participation in, certain Services may be subject to additional terms, and such terms will be either listed in this Agreement or will be presented to you for your acceptance when you sign up to use such Services.

The services accessible through the Site (the “Services”) consist of providing links to surveys relevant to you, as determined in Company’s discretion, based on the information you provide when you register with Company.  You are under no obligation to complete any surveys provided to you by Company.  Company may offer additional services or revise the Services, at its discretion, and this Agreement will apply to all additional services or revised Services.  Company also reserves the right to cease offering any of the Services at any time or to change the terms of this Agreement, each at its sole and exclusive discretion, with or without notice. Your continued use of the Site or the Services after the posting of revisions to this Agreement will constitute your acceptance of such revisions. Please consult the end of this Agreement to determine when the Agreement was last revised.

1.  TERM AND TERMINATION

1.1          This Agreement will become effective upon your acceptance of the Agreement by accessing the Site and Registering.  This Agreement will remain in effect in perpetuity unless terminated hereunder.  You may terminate your account with Company at any time, for any reason or no reason, without explanation, effective upon sending written notice to the Company in accordance with the “Cancellations” paragraph below.  Company reserves the right to immediately suspend or terminate your account and your access to any of the Services, without notice, for any reason or no reason.  Company also reserves the right to remove your account information or data from our Services and any other records at any time at its sole discretion.  In the event your access to the Services is suspended due to your breach of this Agreement or you terminate this Agreement pursuant to the terms of this paragraph, then you agree that you forfeit any claims to any credits earned by you through the Services, which have not yet been paid.

2.  ELIGIBILE USERS

2.1          Age Requirements.  You must be at least 18-years-old to register for the Services, and you represent and warrant that you are such age. Other Services may have other age requirements for all or a portion of such Services, and such other age requirements will be presented to you when you sign up for such Services or portions thereof.

2.2          PayPal Account.  You must have a valid, functioning PayPal account in order to receive payment in connection with the Services.  If your PayPal account ceases to be valid or functional at any time, Company is not required to pay you any amount in connection with the Services.  Company is not responsible in any way for PayPal, its services and accounts, or your interaction with PayPal.

2.3          Other Eligibility Requirements.  You must be a valid, legal resident of the United States.

3.  USE OF THE SITE AND SERVICES

3.1          As a user of the Site or a user providing information in connection with use of the Services (a “Registered User”), you agree to the following:

3.1.1       Exclusive Use.  Your account is for your personal use only. You may not authorize others to use your account, and you may not assign or otherwise transfer your account to any other person or entity. You acknowledge and agree that Company is not responsible for any third-party access to your account that results from theft or misappropriation of your user information.

3.1.2       Geographic Limitations.  The Site and Services are intended for use in the United States. You will only use the Services in a manner consistent with this Agreement and any and all applicable local, state, national and international laws and regulations, including, but not limited to, United States export control laws.  You are not located in, under the control of, or a national or resident of any country (i) for which the U.S. has embargoed goods, (ii) which the U.S. has identified as a “Specially Designated National”, or (iii) which the U.S. has placed on the Commerce Department’s Table of Deny Orders. Registration for, and use of, the Services are void where prohibited. To the extent that the Services are not legal in your jurisdiction, you may not use the Services. The Services may not be used where prohibited by law.

3.1.3       Credits.  Upon Registering, you may receive a credit in your account with Company (the “Initial Credit”).  The Initial Credit has no redeemable cash value.  In addition to the Initial Credit, you will receive a credit (an “Additional Credit”) each time you complete a survey provided to you through the Services, at a value determined in Company’s sole discretion.  The typical amount for Additional Credits is One Dollar ($1).  The Additional Credits, likewise, have no redeemable cash value.  You will not be eligible for an Additional Credit from a survey unless you respond to that survey within the relevant stated time and otherwise meet the general requirements for completing that survey.  Upon attaining Thirty Dollars ($30) in credits (the “Minimum Payment Amount”), and upon every Thirty-Dollar interval thereafter, Company will pay you Thirty Dollars ($30) through your PayPal account.  Company will not provide payment through any other means and will not provide payment unless your PayPal account is active and in good standing at the time you have attained a credit level of Thirty Dollars ($30), or a Thirty-Dollar increment. 

3.1.4       YOU HAVE NO RIGHT TO REDEEM THE CREDITS IN YOUR ACCOUNT, AND WE HAVE NO LIABILITY OR OBLIGATION TO PAY YOU WHATSOEVER, UNLESS AND UNTIL YOU HAVE ACCRUED AT LEAST THE MINIMUM PAYMENT AMOUNT IN YOUR ACCOUNT.  UNLESS AND UNTIL YOU HAVE ACCRUED THE MINIMUM PAYMENT AMOUNT, YOUR CREDITS ARE DEEMED A CONTINGENT LIABILITY THAT IS ENTIRELY CONTINGENT UPON:  (1) YOUR ACCRUAL OF AT LEAST THE MINIMUM PAYMENT AMOUNT IN YOUR ACCOUNT, AND (2) YOUR FULL COMPLIANCE WITH THESE TERMS OF USE. UNLESS AND UNTIL YOUR ACCOUNT BALANCE REACHES THE MINIMUM PAYMENT AMOUNT, THE CREDITS IN YOUR ACCOUNT HAVE NO CASH VALUE.

3.1.5       Company reserves the right to adjust the values of any of the above credit amounts and payout schedules to whatever values it deems reasonable in its sole discretion.  Additionally, Company reserves the right to refuse to grant a credit to you for a variety of reasons, including, but not limited to, lack of appropriate information, improper sign-up, improper browser settings, errors in third party reporting, and any other reason it deems reasonable in its sole discretion.

3.1.6       Transmission of Surveys and Offers.  Company may use your e-mail address to send you the links to any surveys or offers provided to you as part of the Services.  Company will not be responsible if your e-mail address is not functioning properly or in any way prevents you from receiving surveys or offers in connection with the Services.

3.1.7       Responsibility for Information.  You are solely responsible for, and assume all liability regarding, (i) the information and content you contribute in connection with the Services; (ii) the information and content you post, transmit, publish, or otherwise make available (hereinafter “post”) through the Services; and (iii) your interactions with providers of Incentive Surveys or other third parties through the Services.

3.2          Additional Incentives.  You may be eligible for additional credits and other incentives (“Additional Incentives”) for completing certain surveys (“Incentive Surveys”) and registering for certain trial offers (“Incentive Trials”).  You must register for the Incentive Trials in order to be eligible for the Additional Incentives upon completion of the Incentive Surveys.  Payment of these Additional Incentives will be made by third parties, not Company, and could take up to eight (8) weeks to be made.  In order to allow proper tracking of payment of Additional Incentives, you must retain any confirmation e-mail messages sent to you by these third parties.  The Additional Incentives will be sent to the e-mail address registered with Company.  You may update your e-mail address with Company at any time.  Company will not be responsible for any loss of Additional Incentives due to your failure to maintain adequate e-mail address information with Company.  Company shall have no liability for payment of any Additional Incentives.

3.3          No Guarantees.  Company makes no guarantees as to the number or frequency of surveys provided to you through the Services.  Company also makes no guarantee that you will receive credit for a survey or offer you complete.  Company will make reasonable efforts to track your signing up for offers but makes no guarantee as to the accuracy of that process.

3.4          False or Misleading Information.  You will not provide inaccurate, misleading, or false information to Company or to any other related party, including, but not limited to, advertisers and third parties providing services or offers.  If information provided to Company subsequently becomes inaccurate, misleading or false, you will promptly notify Company of such change.  Similarly, you will not register multiple times; you are only entitled to one account with Company.  Each user will provide only one set of information through which to use the Services.

3.5          Anti-SPAM Policy.  If you generate or attempt to generate referrals through the use of SPAM, you will be disqualified from receiving any payments from Company, including payments for your own participation in surveys and for the participation of any members you referred to Company.  Company will revoke your membership if you spam information about Company, and you will be permanently disqualified from future membership and from any other participation with Company.

3.6          Other Prohibited Acts.  You agree not to use, or attempt to use, any part of Company or the Sites or surveys and offers for abusive purposes, including, but not limited to, tampering, hacking, spoofing, using robots or scripts, copying, distributing, modifying, or otherwise corrupting the administration, security, or proper function of Company or the Sites or the surveys and offers.  You also agree not to make any attempt to earn or redeem credits in a manner inconsistent with this Agreement, including, without limitation, attempting to earn credits through illegitimate channels (as described on the Sites), participating in purchasing or redemption fraud, or tampering with Company links. Company reserves the right to terminate any account violating this Agreement.

4.  DISCLOSURES

4.1          Privacy Policy.  You acknowledge and agree that Company may disclose your e-mail information to third parties to allow those parties to send daily offers to you through the e-mail address you provide.  For information about the collection and possible use of information and material provided by you, please click on Company’s Privacy Policy located on the Site. By using the Site and Registering, you are consenting to the terms of Company’s Privacy Policy.

5.  THIRD PARTIES

5.1          The Site and the Services may contain links to websites of third parties (including, without limitation, advertisers) that are not under the control of Company.  Company is not responsible for the content of any linked site or any link contained in a linked site, or any changes or updates to such websites.  Company provides these links to you only as a convenience, and the inclusion of any link does not imply that Company endorses or accepts any responsibility for the content on such third-party website.  Your correspondence or business dealings with, or participation in promotions of, advertisers or sweepstakes sponsors found on or through the Site or the Services (including payment and delivery of related goods or services, any personal information or opt-in contact information voluntarily given to advertisers and sweepstakes sponsors, and any other terms, conditions, warranties or representations associated with such dealings) are solely between you and such advertiser or sweepstakes sponsor.  You agree that Company will not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings, including the sharing of the information you supply to Company with advertisers or sweepstakes sponsors, or as the result of the presence of such advertisers on the Site.  Please visit our Privacy Policy to learn more about how we use your information.

6.  WARRANTY DISCLAIMER

6.1          No Warranties. THIS SECTION WILL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.  COMPANY PROVIDES THE SERVICES ON AN “AS IS” AND “AS AVAILABLE” BASIS AND GRANTS NO WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE WITH RESPECT TO THE SERVICES OR THE SITE (INCLUDING ALL INFORMATION CONTAINED THEREIN), INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.  COMPANY DOES NOT WARRANT THAT YOUR USE OF THE SERVICES WILL BE SECURE, UNINTERRUPTED, ALWAYS AVAILABLE, OR ERROR-FREE; THAT YOUR USE OF THE SERVICES WILL MEET YOUR REQUIREMENTS; OR THAT ANY DEFECTS IN THE SERVICES WILL BE CORRECTED.  COMPANY DISCLAIMS LIABILITY FOR, AND NO WARRANTY IS MADE WITH RESPECT TO, THE CONNECTIVITY AND AVAILABILITY OF THE SERVICES.

6.2          Third Party Content. Opinions, advice, statements, offers, or other information or content made available through the Services (but not directly by Company) are those of their respective authors, and should not necessarily be relied upon.  Such authors are solely responsible for such content.  COMPANY DOES NOT: (i) GUARANTEE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION PROVIDED ON THE SERVICES, OR (ii) ADOPT, ENDORSE, OR ACCEPT RESPONSIBILITY FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE, OR STATEMENT MADE BY ANY PARTY OTHER THAN COMPANY.  UNDER NO CIRCUMSTANCES WILL COMPANY BE RESPONSIBLE FOR ANY LOSS OR DAMAGE RESULTING FROM ANYONE’S RELIANCE ON INFORMATION OR OTHER CONTENT POSTED ON THE SERVICES, OR TRANSMITTED TO OR BY ANY USERS.

7.  LIMITATION OF LIABILITY

7.1          Damages and Liability Limits.  IN NO EVENT WILL COMPANY BE LIABLE FOR ANY INCIDENTAL, SPECIAL, CONSEQUENTIAL OR INDIRECT DAMAGES ARISING OUT OF OR RELATING TO THE USE OR INABILITY TO USE THE SERVICES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OR CORRUPTION OF DATA OR PROGRAMS, SERVICE INTERRUPTIONS AND PROCUREMENT OF SUBSTITUTE SERVICES, EVEN IF COMPANY KNOWS OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  UNDER NO CIRCUMSTANCES WILL COMPANY’S AGGREGATE LIABILITY TO YOU, IN ANY FORM OF ACTION WHATSOEVER IN CONNECTION WITH THIS AGREEMENT OR THE USE OF THE SERVICES OR THE SITE, EXCEED THE AMOUNT OF THIRTY DOLLARS ($30) OR ITS EQUIVALENT.  TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL COMPANY BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, AND/OR INCIDENTAL, ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE USE OF THE SERVICES, INCLUDING WITHOUT LIMITATION, BODILY INJURY, EMOTIONAL DISTRESS, AND/OR ANY OTHER DAMAGES. THIS INCLUDES ANY CLAIMS, LOSSES OR DAMAGES ARISING FROM THE CONDUCT OF THIRD PARTIES PROVIDING SURVEYS OR DAILY OFFERS WHO ATTEMPT TO DEFRAUD OR HARM YOU.

7.2          Information Verification.  Company and its contractors may use various ways of verifying information that users have provided.  However, none of those ways are perfect, and you agree that Company and its contractors will have no liability to you arising from any incorrectly verified information.

8.  INDEMNIFICATION

8.1          You agree to indemnify, defend and hold harmless Company, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of (a) your use of or inability to use the Site or the Services, (b) your violation of any terms of this Agreement or your violation of any rights of a third party, or (c) your violation of any applicable laws, rules or regulations.  Company reserves the right, at your cost and expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Company in asserting any available defenses.

9.  CANCELLATIONS

9.1          To cancel this Agreement, mail or deliver a signed and dated notice, or send an e-mail which states that you, the user, are canceling this Agreement, or words of similar effect. The notice under this paragraph shall be sent to [email protected]. 

10.  MISCELLANEOUS

10.1        Venue and Jurisdiction.  This Agreement, and the interpretation thereof, shall be governed by the laws of the State of North Carolina (without giving effect to its conflicts of law principles).  You agree that any dispute or claim arising out of or relating to this Agreement, the Site, or the Services shall be heard by a court of competent jurisdiction sitting in Rowan County, North Carolina.  If any provision(s) of this Agreement is held by the court to be contrary to law, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties with the other provisions remaining in full force and effect.  You acknowledge and agree that any violation of this Agreement may cause Company irreparable harm and therefore agree that Company will be entitled to seek extraordinary relief in court, including, but not limited to, temporary restraining orders, preliminary injunctions and permanent injunctions without the necessity of posting a bond or other security, in addition to and without prejudice to any other rights or remedies that Company may have for a breach of this Agreement.

10.2        Entire Agreement. This Agreement, which you accept upon Registering, the Privacy Policy located on the Site, and any applicable payment, renewal, or additional services terms, comprise the entire agreement between you and Company regarding the use of the Site and the Services, superseding any prior agreements between you and Company related to your use of this Site or Services (including, but not limited to, any prior versions of this Agreement).

10.3        Effect of Termination.  Unless otherwise explicitly stated, this Agreement will survive termination of your registration for the Services. 

10.4        Non-waiver.  The failure of Company to exercise or enforce any right or provision of this Agreement does not constitute a waiver of such right or provision.

10.5        Severability.  If any provision of this Agreement is held invalid, the remainder of this Agreement will continue in full force and effect. 

10.6        Time in which to Bring a Claim.  Regardless of any statute or law to the contrary, any claim or cause of action by you against the Company arising out of or related to this Agreement or your use of the Site or the Services must be filed within one (1) year after such claim or cause of action arose or be forever barred. 

10.7        Paragraph Titles.  The titles for paragraphs in this Agreement are for convenience only and have no legal or contractual effect.

10.8        Last Update.  This Agreement was last revised on March 9, 2011.