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TERMS AND CONDITIONS AGREEMENT

This Terms and Conditions Agreement ("Agreement") constitutes a valid, binding contract between you and Decision Analyst, Inc., d/b/a American Consumer Opinion® (hereinafter referred to as American Consumer Opinion®), the owner and operator of www.acop.com, with respect to the use of this Web site (the "Site"). The services of American Consumer Opinion® are provided subject to compliance with the terms of this Agreement. Your use of this Site signifies and constitutes your acceptance of this Agreement, as it may be amended from time to time. Please read this Agreement carefully as it forms a binding contract between you and American Consumer Opinion®. Please print a copy of this agreement for your records.

1. Contact Information

Our mailing address is 604 Avenue H East, Arlington, TX 76011. Our email address is aparks@acop.com. Our telephone number is (800) 262-5974.

2. Agreement to Conduct Transactions Electronically

You agree that all of your transactions with or through the site may, at our option, be conducted electronically from start to finish, and that any oral conversations may be recorded. If we decide to proceed nonelectronically, those services will still be governed by the remainder of these Terms unless you enter into different terms on a form provided by us. If the law allows you to withdraw this consent or if we are ever required to deal with you nonelectronically, we reserve the right to charge or increase fees. You agree to print or make an electronic a copy of these Terms and any other contract or disclosure that we are required to provide to you.

3. Survey Participation

American Consumer Opinion® offers you the ability to participate in surveys. In so doing, you help businesses develop products better suited to consumers like you. By joining American Consumer Opinion® you can also earn incentives or prizes for registering to become a member, participating in surveys, and referring new members. "Incentives" are provided based on the completion of certain activities. "Prizes" are awarded based on chance.

4. Privacy Policy

Our Privacy Policy is part of and incorporated into these Terms. We reserve the right to contact you for lawful purposes, such as in connection with our or your performance or enforcement of these Terms or a site service or activity.

5. Accuracy

You represent, warrant and agree to supply only true, accurate, honest, current, and complete (collectively "Accurate") information when registering at, participating in surveys offered by, or otherwise using the site and whenever information is required or requested at or in connection with the site. You further agree to review and correct all information that is supplied about you at or through the site to ensure that it is always accurate. Your violation of the provisions of this Section 5 will be a breach of these Terms and may result in the termination of your account and the forfeiture of all incentives and prizes, and may also be a breach of civil and criminal laws. American Consumer Opinion® and its clients reserve the right to enforce any such laws against you.

6. Confidentiality

When completing surveys offered to you by American Consumer Opinion® you may be shown information that is deemed confidential by American Consumer Opinion® or its clients. This confidential information may include, but is not limited to, new product ideas or concepts, packaging concepts, advertizing, and movie or television concepts or trailers, and the text, visual images, and sounds related thereto ("confidential information"). You agree that if you access confidential information you will not copy, print, store, forward, or otherwise collect the confidential information, and will not disclose the confidential information to anyone (unless as directed by the owner of the confidential information), and will not use the confidential information except for the express purpose for which it was disclosed to you. You agree that any confidential information you access remains the property of American Consumer Opinion®. Your violation of the provisions of this Section 6 will be a breach of these Terms and may result in the termination of your account and the forfeiture of all incentives and prizes, and may also be a breach of civil and criminal laws. American Consumer Opinion® and its clients reserve the right to enforce any such laws against you.

7. Indemnification

You agree to defend, indemnify and hold American Consumer Opinion®, together with its officers, directors, and employees, harmless from any and all claims, losses, damages, suits, fines, levies, and costs (including reasonable attorney’s fees and expert-witness costs, including costs associated with in-house counsel), collectively "Claims", arising from or related to your use of the site, any content you place on the site, any other material on the Site and any sites linked to this Site, and including Claims made by third parties. You agree that American Consumer Opinion® has the unlimited right to defend any Claim and to settle any Claim without your prior permission. You agree to provide American Consumer Opinion® with all reasonable assistance in the defense of any Claim.

8. Incentive / Prize Program

American Consumer Opinion® offers cash prizes and incentives that are awarded in various ways. All incentives and prizes are governed by these Terms and Conditions.

A. Cash Prizes for Simply Being a Panel Member – Following your registration at American Consumer Opinion®, which includes the completion of your demographic profile, you will become a panel member of American Consumer Opinion®. As a panel member, you will be entered into a monthly drawing. This monthly drawing includes five (5) fifty-dollar ($50.00 USD) prizes each month. If you are a winner in this or any other drawing described below, you will be notified by email.
B. Cash Prizes for New-Member Referrals – Each panel member who refers new panel members during any calendar month will be entered into a monthly drawing for new-member referrals. This monthly drawing includes five (5) fifty-dollar ($50.00 USD) prizes each month. Panel members are awarded one chance to win for each new member they refer during the month.
C. Cash Prizes or Incentives for Completing Screening Questionnaires – American Consumer Opinion® administers two types of questionnaires. The first is referred to as a screening questionnaire or “screener”. The second type, referred to as a “survey” is described below in paragraph D. Completion of a screener will generally take only a few minutes of your time. Any panel member who completes a screener in any given calendar month will either be entered into that month’s monthly drawing for screener cash prizes as described in the following paragraph (i) or, at the sole discretion of American Consumer Opinion®, will earn an incentive as described in the following paragraph (ii). At the time you complete the screening questionnaire you will be informed of the particular prize or incentive applicable.
- (i) Monthly Drawing for Completing Screeners - The monthly drawing for completing screeners includes one thousand nine hundred (1,900) five-dollar ($5.00 USD) prizes each month.
- (ii) Incentives for Completing Screeners - In lieu of the monthly drawing described in paragraph (i) above, all panel members who complete a screener may be awarded an incentive. The amount of the incentive generally ranges from $0.10 USD to $0.50 USD based on the estimated length of time needed to complete the screener. At the time you complete the screening questionnaire you will be informed of the amount of the applicable incentive.
D. Incentives for Completing Follow-Up Surveys – Panel members who complete a screener as described above may be invited to complete the second type of questionnaire administered by American Consumer Opinion®, referred to simply as a “survey.” All panel members who complete a survey will be paid an incentive. The amount of the incentive generally ranges from $2.00 USD to $50.00 USD based on the estimated length of time needed to complete the survey. At the time you complete the survey you will be informed of the amount of the applicable incentive.
E. Other Incentives – Participation in a survey may also provide you with the opportunity to use a new or improved product in your home at no cost to you. Also, as a panel member, you may be invited to participate in an in-person group or online discussion forum. Incentives for participating in groups or discussion forums generally range from $25.00 to $150.00, based on the estimated length of time needed to participate. At the time you complete the required activity you will be informed of the amount of the applicable incentive.
F. Rules on Prizes – Prizes are awarded based on random drawings. The odds of winning prizes are dependent upon the number of entries received each calendar month. There is no purchase necessary to enter or win. Winning panel members will be selected through drawings conducted at 604 Avenue H East, Arlington, TX 76011. Entries have no value and an entry does not entitle an entrant to any compensation of any type or kind. Void where prohibited by law.
G. Panel-Member Accounts – All cash prizes and incentives awarded to you are credited to your individual panel member account maintained by American Consumer Opinion®. Panel members can access their account by going to acop.com and clicking on “Account Login.” American Consumer Opinion® will hold your incentives in your account until you redeem them unless they are forfeited under the terms of Sections 5 or 6 above or Section 8K below. In order for an account to be established in your name, you must complete the online registration, including your full legal name, home address, valid email address, and any other information requested.
H. Panel-Member Account Restrictions – All account holders must be at least fourteen (14) years of age. No person may establish or maintain more than one (1) account per household with American Consumer Opinion®, and each account must have a unique and valid email address and password. By completing the online registration, you represent that you are at least fourteen (14) years of age and that the information you provided is accurate and truthful in all respects and pertains to you and no other person.
I. Electronic Communications – All contact between you and American Consumer Opinion® will be conducted electronically via email to the email address you provide at registration or as updated by you from time to time. American Consumer Opinion® assumes no responsibility for your failure to receive any email notification sent in accordance with this section, regardless of the cause of such failure.
J. Redeeming Your Incentives – You can only redeem your incentives once you have accumulated a balance of at least $10.00 (this threshold amount may be changed by American Consumer Opinion® from time to time but not without prior notification). You may redeem your eligible Incentives at any time by going to acop.com and clicking on "Account Login."
K. Methods of Payment – You can receive payment of your incentives either by check or via PayPal. American Consumer Opinion® will process your payment within thirty (30) days of your request. If you choose to receive payment by check and fail to deposit or cash the check for a period of 18 months, we will place a stop-payment on the check and add the amount of the check back to your panel-member account. Similarly, if you chose to receive payment by PayPal and the payment is returned to us as "unclaimed," "denied," or "returned," we will add the amount of the payment back to your panel-member account.

You also have the option to donate your redeemable incentives to any one of the following charities (American Consumer Opinion® may change the list of available charities from time to time without prior notification).
- American Red Cross
- Doctors Without Borders
- American Cancer Society
- The Boys and Girls Club of America
- Wildlife Conservation Society
- Sustainable Conservation
- Family Literacy Foundation
L. Inactive Panel-Member Accounts – If, on twenty (20) consecutive occasions or for twelve (12) consecutive months, whichever comes first, you fail to respond to an invitation to participate in a survey, American Consumer Opinion® has the right to place your account on “inactive” status. Prior to such a change in status, you will receive an email notification from us that your panel member account is in danger of becoming inactive. If you respond to the email notification by following the link provided in the email, you will remain an active member of American Consumer Opinion®. If you do not respond to the link within thirty (30) days, your account will be placed on inactive status and your incentives and prizes will be forfeited. Panel members whose accounts are inactive will not receive additional invitations to participate in surveys until and unless they follow the link provided in the email notification.
M. NOT A FINANCIAL INSTITUTION – BY COMPLETING THE REGISTRATION FORM AND UTILIZING THE AMERICAN CONSUMER OPINION® INCENTIVE / PRIZE PROGRAM, YOU ACKNOWLEDGE AND AGREE THAT AMERICAN CONSUMER OPINION® IS NOT A BANK OR ANY OTHER KIND OR FORM OF FINANCIAL INSTITUTION AND THAT AMERICAN CONSUMER OPINION® DOES NOT MAINTAIN YOUR ACCOUNT FOR ANY PURPOSE OTHER THAN THOSE SPECIFIED HEREIN. YOU FURTHER AGREE THAT THE "INCENTIVES" OR “PRIZES” CREDITED TO YOUR ACCOUNT ARE NOT ACTUAL CASH DEPOSITS AND ARE ONLY ACCOUNT ENTRIES THAT ENTITLE YOU TO THE AMOUNT OF THE CREDITED INCENTIVES AND PRIZES IF YOU REDEEM THEM IN ACCORDANCE WITH THESE TERMS AND CONDITIONS. YOU FURTHER AGREE THAT YOU MAY ONLY REDEEM THE AMOUNTS IN YOUR ACCOUNT IN THE MANNER AND ACCORDING TO THE PROCEDURES DESCRIBED IN THESE TERMS AND CONDITIONS, WHICH WE MAY AMEND FROM TIME TO TIME.
N. Your Right to Cancel Your Account – You may cancel your panel member account at anytime by contacting American Consumer Opinion® at aparks@acop.com, or by logging in to your account and following the "update/delete account" link provided. If you cancel your account, it will be placed on inactive status as discussed in Section 8K above.

9. Access and Interference

Systematic retrieval of data from this Site to create or compile directly or indirectly, in whole or in part, a collection, compilation, database or directory without the express written permission of American Consumer Opinion® is strictly prohibited. You agree that you will not use any robot, spider, other automatic device, or manual process to monitor or copy our web pages or the content contained herein. You may not engage in the practices of “screen scraping,” “database scraping,” or any other practice or activity the purpose of which is to obtain lists of users, portions of a database, or other lists or information from this site, in any manner or in any quantities not authorized by American Consumer Opinion®. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of American Consumer Opinion® or its affiliates without prior express written consent. You may not use meta tags or any other “hidden text” utilizing American Consumer Opinion’s name or trademarks without the express written consent of American Consumer Opinion®.

You agree that you will not use any device, software or routine to bypass any code which may be included to prevent you from breaching the obligations in this paragraph or to interfere or attempt to interfere with the proper working of the Site. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on our or our host’s infrastructure.

10. Personal Use of Contents

The content of the Site is for your personal, noncommercial use. Content copied, downloaded, or printed must retain all the copyright, trademark, and other proprietary notices. For commercial use of any portion of the contents you must secure the written consent of American Consumer Opinion®.

11. Use of Site

Your use of the Site is at the sole discretion of American Consumer Opinion®, which may deny you further use of the Site at any time, for any reason, with or without cause, regardless of your status as a member. Your use of the Site does not entitle you to continued use of the Site.

Your use of the Site must always comply with applicable law. In particular, but without limitation, you agree and represent not to use the Site to:

(a) impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with any person or entity;
(b) upload, post, e-mail or otherwise transmit any content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable;
(c) upload, post, e-mail or otherwise transmit any material for the purpose of conducting any deceptive trade practice, fraud, unfair competition, or anti-competitive activity;
(d) upload, post, e-mail or otherwise transmit any content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
(e) upload, post, e-mail or otherwise transmit any content that you do not have the right to publicize under law (such as insider trading information);
(f) upload, post, e-mail or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software, network, hardware or telecommunications equipment;
(g) upload, post, e-mail or otherwise transmit post chain letters or pyramid schemes; harvest or otherwise collect information about others (including email addresses) without their consent; or upload, post, e-mail or otherwise transmit the same information more than once or “spam” or any other form of solicitation;
(h) use automated scripts to collect information from or otherwise interact with the Site;
(i) violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law; or
(j) provide material support or resources (or to conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization(s) designated by the United States government as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act.

Violating this Agreement may lead to you being immediately and permanently banned, with notification of your Internet Service Provider if deemed required by us. The IP addresses of all users of the Site may be recorded to aid in enforcing this Agreement.

12. Modification

WE RESERVE THE RIGHT, IN OUR SOLE DISCRETION, TO UPDATE, REVISE, SUPPLEMENT, MODIFY, OR AMEND THIS AGREEMENT, ANY PART OF THE INCENTIVE / PRIZE PROGRAM, AND THE THRESHOLDS FOR REDEMPTION OF INCENTIVES AND PRIZES AT ANY TIME. This includes, without limitation, the right to change the rules of participation, terminate your participation, and discontinue the Incentive / Prize Program. American Consumer Opinion® will indicate at the bottom of this Agreement the date of the last update. Any updates, revisions, supplements, modifications or amendments shall be effective immediately upon its posting on the Site, and will only be applicable to disputes arising, or arising out of events occurring, after such posting has been made. American Consumer Opinion® will provide you notice of any updates, revisions, supplements, modifications, or amendments to this Agreement by placing a “Notice of Modification” link on the homepage for a 30-day period following the initial posting on the Site. You agree that you will continue to be bound by this Agreement, however and whenever it is updated, revised, supplemented, modified, or amended, if you continue to use the Site after the updates, revisions, supplements, modifications, or amendments have been posted.

13. Disclaimer of Warranties

American Consumer Opinion® does not warrant that the Incentive / Prize Program will remain operational, and we disclaim any liability for any losses you experience because the Incentive / Prize Program is not operational or accessible by you. IF AMERICAN CONSUMER OPINION® DISCONTINUES THE INCENTIVE / PRIZE PROGRAM OR IF WE TERMINATE YOUR PARTICIPATION FOR VIOLATION OF THIS AGREEMENT, YOU UNDERSTAND AND AGREE THAT YOUR RIGHT TO ACCESS THE INCENTIVE / PRIZE PROGRAM WILL CEASE AND ALL INCENTIVES AND PRIZES IN YOUR ACCOUNT, HOWEVER AND WHENEVER ACCUMULATED, WILL BE FORFEITED AND WILL BECOME THE PROPERTY OF AMERICAN CONSUMER OPINION®. IF WE TERMINATE YOUR PARTICIPATION FOR ANY REASON OTHER THAN YOUR MISCONDUCT OR VIOLATION OF THESE TERMS AND CONDITIONS, YOU WILL HAVE THIRTY (30) DAYS TO REDEEM THE INCENTIVES AND PRIZES CREDITED TO YOUR ACCOUNT PROVIDED THAT THEY MAY BE REDEEMED PURSUANT TO THE TERMS AND CONDITIONS IN EFFECT AT THE TIME OF THE TERMINATION.

American Consumer Opinion® provides the Incentive / Prize Program "as is" and makes no representations or warranties to you, express or implied, regarding its accessibility or that your access to the Incentive / Prize Program will be uninterrupted or error-free.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

(a) YOUR USE OF THE SITE IS AT YOUR SOLE RISK. THE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. AMERICAN CONSUMER OPINION® EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, NON-INFRINGEMENT, QUALITY, PERFORMANCE, NON-INTERFERENCE WITH INFORMATION, AND ACCURACY OF INFORMATIONAL CONTENT. THERE IS NO WARRANTY THAT INFORMATION PROVIDED HEREUNDER, OUR EFFORTS, OR THE SITE WILL FULFILL ANY OF YOUR PARTICULAR PURPOSES OR NEEDS.
(b) AMERICAN CONSUMER OPINION® ASSUMES NO RESPONSIBILITY FOR ANY ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMMUNICATIONS LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, OR ALTERATION OF, THE SITE OR ANY USER COMMUNICATIONS.
(c) AMERICAN CONSUMER OPINION® IS NOT RESPONSIBLE FOR ANY INCORRECT OR INACCURATE CONTENT POSTED ON THE SITE, WHETHER CAUSED BY USERS OF THE SITE OR BY ANY OF THE EQUIPMENT OR PROGRAMMING ASSOCIATED WITH OR UTILIZED IN THE SITE.
(d) AMERICAN CONSUMER OPINION® MAKES NO WARRANTY THAT:

(1) YOUR USE OF THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE,
(2) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE WILL BE ACCURATE OR RELIABLE, OR
(3) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL OBTAINED BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS.

(e) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
(f) NO INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM AMERICAN CONSUMER OPINION® OR THROUGH THIS SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT.

14. Limitations and Exclusions of Liability

YOU EXPRESSLY UNDERSTAND AND AGREE THAT AMERICAN CONSUMER OPINION® SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF AMERICAN CONSUMER OPINION® HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM:

(a) THE USE OR THE INABILITY TO USE THE SITE;
(b) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA;
(c) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE;
(d) ANY HACKING ATTEMPT THAT MAY LEAD TO THE DATA BEING COMPROMISED;
(e) THE FACT THAT YOU HAVE RELIED ON INFORMATION FROM THIS SITE; OR
(f) ANY OTHER MATTER RELATING TO THE SITE.

IF YOU ARE DISSATISFIED WITH THE SITE, OR ANY OF THE INFORMATION CONTAINED THEREON, OR REFUSE TO ABIDE BY THIS AGREEMENT, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE YOUR USE OF THE SITE. NOTWITHSTANDING THE FOREGOING, AMERICAN CONSUMER OPINION’S LIABILITY TO YOU SHALL NOT EXCEED $1,000. YOU FURTHER AGREE NOT TO JOIN IN ANY LAWSUIT WITH ANOTHER PERSON OR SERVE AS A CLASS REPRESENTATIVE OF ANY CLASS ACTION LAWSUIT AGAINST AMERICAN CONSUMER OPINION® ARISING OUT OF THE USE OF THE SITE.

AMERICAN CONSUMER OPINION® SHALL NOT BE HELD LIABLE FOR ANY REPRESENTATIONS ON THIRD PARTY SITES IN RELATION TO THE INFORMATION PROVIDED IN THIS SITE.

15. Release

Should you have a dispute with a user, you agree that you release American Consumer Opinion®, its officers, directors, members, agents, and employees from all claims, demands, and damages (actual and consequential) of any kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of, or in any way connected with such a dispute.

16. Intellectual Property Rights

The Site is protected by copyright, trademark, trade dress and other intellectual property rights.

(a) American Consumer Opinion®’s logos, and other trademarks, service marks, labels, product names and service names (collectively, the "Marks") are owned or licensed by American Consumer Opinion®. You agree not to copy, display or otherwise use any of the Marks without the prior written permission of American Consumer Opinion®. Notwithstanding the foregoing, the Marks may not be used in any manner likely to cause confusion, disparage or dilute these marks and/or in connection with any product or service that is not authorized or sponsored by American Consumer Opinion®.
(b) The entire Site, and all object code and source code, text, graphics, multimedia content, including but not limited to images, illustrations, audio and video clips, html and other mark up languages, and all scripts within the site associated therewith, are copyright 2010, American Consumer Opinion®. All rights reserved. The copyrighted and proprietary property of American Consumer Opinion® may not be duplicated or used without American Consumer Opinion®’s express prior written consent.

17. Unsolicited Idea Submission

We always welcome messages and feedback from American Consumer Opinion® users and any comments regarding the American Consumer Opinion® Site. However, it is American Consumer Opinion®’s policy to not accept or consider ideas, suggestions, or proposals other than those we specifically request. The intent of this policy is to avoid the possibility of future misunderstandings when new functionality and features developed internally by American Consumer Opinion® might be similar or even identical to your idea.

If you do send American Consumer Opinion® an unsolicited suggestion, idea, or proposal, or if you send, at the request of American Consumer Opinion®, a comment or suggestion to improve the Site (for example, via email) (collectively, the "Submission"), American Consumer Opinion® will consider the Submission to be non-confidential and non-proprietary. American Consumer Opinion® shall have no obligations concerning the Submission, contractual or otherwise (including, but not limited to, an obligation to keep the Submission confidential), and shall not be liable for any use or disclosure of any Submission. American Consumer Opinion® shall be entitled to unrestricted use of the Submission for any purpose whatsoever, commercial or otherwise, without compensation to you.

18. Online Content

Opinions, advice, statements, offers, or other information or content made available through this Site are those of their respective authors and not of American Consumer Opinion®, and should not necessarily be relied upon. Such authors are solely responsible for the accuracy of such content. American Consumer Opinion® does not guarantee the accuracy, completeness, or usefulness of any information on the Site and neither adopts nor endorses nor is responsible for the accuracy or reliability of any opinion, advice or statement made. Under no circumstances will American Consumer Opinion® be responsible for any loss or damage resulting from anyone’s reliance on information or other content posted on the Site.

19. Digital Millennium Copyright Act

You agree not to upload or transmit any communications or content of any type that infringes or violates any rights of any party. It is our policy not to permit materials known by us to be infringing to remain on the Site. American Consumer Opinion® has made every effort to secure appropriate clearances for all proprietary intellectual properties used on this Site. If you believe any material on this Site is infringing, please contact us immediately. Pursuant to the Digital Millennium Copyright Act, DMCA, we have registered an agent to receive copyright claims ("Designated Agent").

You may notify us of alleged intellectual property rights infringement by contacting us at: aparks@acop.com

Mail: 604 Avenue H East, Arlington, TX 76011
Phone: (800) 262-5974
Fax: 817-640-6567
Email: aparks@acop.com

Please be aware that, in order to be effective, your notice of claim must comply with the detailed requirements set for the in the DMCA. You are encouraged to review them (see 17 U.S.C. § 512(c)(3)) before sending your claim.

Upon receipt of notice of claimed infringement, we will respond expeditiously to remove, or disable access to, the material claimed to be infringing and will follow the procedures specified in the DMCA to resolve the claim between the notifying party and the alleged infringer who provided the content at issue.

Please do not send any other communications to the Designated Agent, who is appointed solely for the purposes of receiving notices of copyright claims under the DMCA.

20. Communications Decency Act

If you believe that a posting on the Site is inaccurate, you are solely limited to posting a rebuttal. American Consumer Opinion® does not remove postings at the request of the provider of the product. Please note that American Consumer Opinion® is a provider of an interactive computer service under the Communications Decency Act or “CDA” (see 47 U.S.C. § 230). Because this important law is not well known, we want to take a moment to explain the law and to also explain that the filing of frivolous lawsuits can have serious consequences for those who file them, both parties and their attorneys.

In short, the CDA provides that when a user writes and posts material on a Web site such as the Site, the Web site itself cannot, in most cases, be held legally responsible for the posted material. Specifically, 47 U.S.C. § 230(c)(1) states, “No provider or user of an interactive computer service shall be treated as the publisher or speaker of any information provided by another information content provider.” Because the comments and opinions on the Site are authored by users of the Site, we cannot be legally regarded as the “publisher or speaker” of the content contained here, and hence we are not liable for the content even if it contains false or inaccurate information.

We do not assume any duty to monitor the accuracy of the information our users may choose to post. If a disgruntled plaintiff were permitted to hold a Web site liable for information that the Site did not create, this would stifle free speech as fewer and fewer sites would be willing to permit users to post anything at all. See generally Batzel v. Smith, 333 F.3d 1018, 1027–28 (9th Cir. 2003) (“Making interactive computer services and their users liable for the speech of third parties would severely restrict the information available on the Internet. Section 230 [of the CDA] therefore sought to prevent lawsuits from shutting down Web sites and other services on the Internet.”)

If you believe that a post infringes on your intellectual property, please review your rights under the Digital Millennium Copyright Act.

21. Dispute Resolution

Any dispute arising between you and American Consumer Opinion® (whether grounded in contract, tort, statute, law or equity) or relating in any way to this Agreement, or the breach thereof, shall be finally determined by binding arbitration administered by the American Arbitration Association (“AAA”) in accordance with its Commercial Arbitration Rules. The arbitration shall be conducted in Tarrant County, Texas before a single arbitrator appointed in accordance with the applicable rules of the AAA. Judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. Discovery during the arbitration shall be conducted pursuant to the Federal Rules of Civil Procedure and shall be limited to the exchange of relevant documents and depositions of the Parties. No Party is precluded from seeking and obtaining injunctive or other emergency relief, and the election to do so by a Party shall not be construed as a waiver of arbitration.

Any dispute must be raised within one (1) year after the date the cause of action arose. Failure to provide the written documentation within this timeframe will render all claims related to the dispute null and void.

22. Governing Law and Venue

American Consumer Opinion®’s principal office is in the State of Texas and this Site is controlled by American Consumer Opinion® from its offices within the State of Texas, United States of America. The Site can be accessed from all 50 states, as well as from other countries around the world. As each of these jurisdictions has laws and regulations that may differ from those of Texas, by accessing this Site both you and American Consumer Opinion® agree that the statutes and laws of the State of Texas, without regard to conflicts of laws principles thereof, will apply to all matters relating to use of this Site (whether grounded in tort, contract, law, or equity).

This contract is fully performable in Tarrant County, Texas. The Parties hereto waive any challenge to personal jurisdiction or venue (including without limitation a challenge based on inconvenience) in Travis County, Texas. For any matter not governed by the Dispute Resolution section above, the Parties specifically consent to the jurisdiction of the State District Courts of Tarrant County, and the United States District Court for the Northern District of Texas, Fort Worth Division.

You further agree to comply with all such laws and with the laws of the United States that apply to the Incentive / Prize Program, and any laws of your country and state or province of residence. The Incentive / Prize Program and these Terms and Conditions, or relevant portions thereof, are void where prohibited by law.

EFFECTIVE AS OF November 22, 2010


	Copyright © 2012 by Decision Analyst, Inc. All rights reserved.