Privacy Statement

GENERAL INFORMATION

This Privacy Statement describes how Poll Lite FZ-LLC (“Poll-lite”) collects and uses the personal information you provide. It also describes the choices available to you regarding the use of, your access to, and how to update and correct your personal information. Poll-lite strives to conform its privacy practices, policies and/or procedures with any and all applicable international, country-specific, and/or local laws, codes, regulations, and requirements, and the industry codes, standards, and regulations of various market and opinion research professional associations and/or organizations, including, without limitation, GDPR, the ICC/ESOMAR International Code on Market and Social Research and the Code of Standards and Ethics for Survey Research. Poll-lite is committed to protecting the security and integrity of all personal information collected by or disclosed to Poll-lite. Poll-lite will not use any personal information for direct marketing or advertising purposes, and membership as a panel member and/or participation in any survey(s) are completely voluntary. This privacy policy identifies the personal information that Poll-lite collects; how such personal information will be used and protected; and your rights.

 

INFORMATION COLLECTION AND USE

Registration

In order to use this Website, you must first complete the registration form and create a username and password. During registration, you are required to give contact information (including email address, phone number, Company name etc.). We use this information to contact you about the services on our site in which you have expressed interest. After registering with the site, we use your email address to provide you with a series of “Ongoing Communications and Product Updates” (see “Communication from the Site”). These communications are used to give you a better understanding of the site, what it offers, and how it is best utilized. As always, you have the option not to receive these types of communications (see “Choice and Opt-out” in “Information Sharing and Disclosure”).

Orders

If you purchase a product or service from us, we request certain personally identifiable information from you on our order form. You must provide contact information (such as name and billing address) and financial information (such as credit card number, expiration date). We use this information for billing purposes. If we have trouble processing an order, we will use this information to contact you. We will also use this information to send you ‘Service-related Communications’ (see ‘Communication from the Site’). These include email confirmations of billing transactions, account upgrades, and account cancellations. Please see “Contact Us” below.

Profile

We store information that we collect through user input, cookies, log files, and user surveys to create a “profile” of preferences. This profile information includes each of the following categories:

Registration Information: username, password, first name, last name, email address, phone

Order Information: credit card number, credit card expiration, billing address

Preferences: profile information that categorizes how the software is utilized

Details of the user profile are used to contact the user (see “Communication from the Site”) and provide tailored promotions and marketing offers and to improve the content of the site.

Profile information may be updated at any time by clicking on the “My Account” link while the user is logged into their administrative account.

ADD A USER

When you add a new user to your account, such as the “Add User” function on your Poll-lite account, we collect that user’s name, email address and other contact information. Poll-lite stores this information for the sole purpose of providing this service to you as our Poll-lite customer. You or the added user may request to delete this submitted information by contacting us at [email protected]

USES OF INFORMATION

Any information shared with Poll-lite during the creation of a survey is owned solely by the administrator of that survey. By the nature of how our service works, surveys need to be shared via a URL on the Internet. We provide the option to password-protect your surveys if they contain sensitive content. Email addresses uploaded to the system for the purpose of sending survey invitations and email communication are owned solely by the survey administrator. We will never share any information uploaded to the system with any 3rd parties. Data collected through surveys is owned solely by the survey administrator. By default, the data is only accessible by providing a username and password and logging into the site. There is the option to share online reports via a URL from the administrative account. The survey administrator controls this option. We will never use any of the data collected. Poll-lite may collect the Internet protocol address (the IP address) that is publicly available on your computer. The IP address is not collected for the purpose of tracking or monitoring your activity on the Internet. In some jurisdictions, an IP address may be classified as personal information or personal data under applicable laws; therefore, to the extent that Poll-lite collects IP addresses, Poll-lite will collect, use, maintain, secure and/or disclose IP addresses in accordance with applicable Laws.

COMMUNICATIONS FROM THE SITE

Ongoing Communication and Product Updates

We will occasionally send you information on product enhancements, new services, and additional instruction on utilizing our services. These communications are designed to educate our users on the services offered. Out of respect for your privacy, we present the option not to receive these types of communications. Please see “Choice and Opt-out” in “Information Sharing and Disclosure.” Service-related Announcements We will send you strictly service-related announcements when it is necessary to do so. For instance, if our service is temporarily suspended for maintenance, we might send you an email. Service-related emails are also sent confirming billing transactions, account upgrades, and account cancellations. Generally, you may not opt-out of these communications, which are not promotional in nature. If you do not wish to receive them, you have the option to cancel your account.

Customer Service

Based upon the personally identifiable information you provide us, we will send you a welcoming email to verify your username and password. We will also communicate with you in response to your inquiries, to provide the services you request, and to manage your account. We save all communication (chats, emails, and calls) between Poll-lite representatives and you for record-keeping, training and quality-assurance purposes.

Survey Invitations

If you are a member of a Poll-lite research panel, we may, from time-to-time, send you email invitations to surveys. We may also periodically send you emails regarding research panel information and communicate with you in response to your inquiries, to provide information you request.

INFORMATION SHARING AND DISCLOSURE

Personally Identifiable Information Sharing with Partners

We do not share any personally identifiable information with any third parties except as indicated below. If a user specifically requests a service from one of our partnering companies, their personally identifying information will be shared. The partnering company may contact them directly regarding their inquiry. Any requests of partnering companies are initiated solely by the user, and it will be clearly indicated that a partnering company offers the requested service. We may use the third party research panel providers to provide survey respondents for clients who request online survey panels. When you request access to such an online survey panel, your contact information will be shared with third-party research panel providers as necessary for them to provide that service. Third-party research panel providers are prohibited from using your personally identifiable information for any other purpose. We use a third-party service provider to host chat support on our site. When you request live chat support, your contact information will be stored by the service provider as necessary for it to provide its service. The service provider is prohibited from using your personally identifiable information for any other purpose. We use outside credit card processing companies to bill you for goods and services. These companies do not retain, share, store or use personally identifiable information for any other purposes.

In certain situations, Poll-lite may be required to disclose personal data in response to lawful requests by public authorities, including to meet national security or law enforcement requirements.

We reserve the right to disclose your personally identifiable information as required by law and when we believe that disclosure is necessary to protect our rights and/or to comply with a judicial proceeding, court order, or similar legal process. If Poll-lite is involved in a merger, acquisition, or sale of all or a portion of its assets, you will be notified via email and/or a prominent notice on our Website of any change in ownership or uses of your personally identifiable information, as well as any choices you may have regarding personally identifiable information.

CHOICE/OPT-OUT

If you no longer wish to receive our product updates, you may opt out of receiving them by following the instructions included in each product update email. If you are a member of a Poll-lite research panel, you may opt out of membership in our research panels by following instructions included in each survey invitation.

TRACKING TECHNOLOGIES

As is true of most websites, we gather certain information automatically and store it in log files. This information may include Internet protocol (IP) addresses, browser type, Internet service provider (ISP), referring/exit pages, operating system, date/time stamp, and/or clickstream data. We do not link this automatically collected data to other information we collect about you. Poll-lite and its partners use cookies or similar technologies to analyze trends, administer the website, track users’ movements around the website, and to gather demographic information about our user base as a whole. You can control the use of cookies at the individual browser level, but if you choose to disable cookies, it may limit your use of certain features or functions on our website or service. Our third-party partner may use technologies such as cookies or similar technologies to gather information about your activities on this site and other sites in order to provide you advertising based upon your browsing activities and interests

BULLETIN BOARDS/CHAT ROOMS/ FORUM

If you use a bulletin board or chat room or public forum on this site, you should be aware that any personally identifiable information you submit it here can be read, collected, or used by other users of these forums, and could be used to send you unsolicited messages. We are not responsible for the personally identifiable information you choose to submit in these forums. To request removal of your personal information from our blog or public forum, contact us at [email protected]. In some cases, we may not be able to remove your personal information, in which case we will let you know if we are unable to do so and why.

TESTIMONIALS

We display personal testimonials of satisfied customers on our site in addition to other endorsements. With your consent, we may post your testimonial along with your name. If you wish to update or delete your testimonial, you can contact us at [email protected].

IMPORT CONTACTS

You can import contacts from your email account address book to invite them to take part in surveys. We collect the username and password for the email account you provide and will only use such information for the purpose of inviting contacts to take part in surveys.

ACCESS TO PERSONALLY IDENTIFIABLE INFORMATION

Upon request Poll-lite will provide you with information about whether we hold any of your personal information. If your personally identifiable information changes, or if you no longer desire our service, you may update, delete or cancel your account at any time by logging into the system and clicking on the “My Account” link. Options for updating your profile and account cancellations are available. We will respond to your request within a reasonable timeframe.

DATA RETENTION

We will retain your information for as long as your account is active or as needed to provide you services. We will retain and use your information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements.

SECURITY

The security of your personal information is important to us. When you enter sensitive information such as credit card number on our order forms, we encrypt that information using secure socket layer technology (SSL). We follow generally accepted industry standards to protect the personal information submitted to us, both during transmission and once we receive it. No method of transmission over the Internet, or method of electronic storage, is 100% secure, however. Therefore, while we strive to use commercially acceptable means to protect your personal information, we cannot guarantee its absolute security.

LINKS TO THE THIRD-PARTY SITES

Our Site includes links to other Websites whose privacy practices may differ from those of Poll-lite. If you submit personally identifiable information to any of those sites, your information is governed by their privacy policies. We encourage you to carefully read the privacy policy of any Website you visit.

SOCIAL MEDIA WIDGETS

Our Website includes Social Media Features, such as the Facebook Like button and Widgets, such as the Share this button or interactive mini-programs that run on our site. These Features may collect your IP address, which page you are visiting on our site, and may set a cookie to enable the Feature to function properly. Social Media Features and Widgets are either hosted by a third party or hosted directly on our Site. Your interactions with these Features are governed by the privacy policy of the company providing it.

SINGLE SIGN-ON

You can log in to our site using sign-in services such as Facebook Connect or an Open ID provider. These services will authenticate your identity and provide you the option to share certain personal information with us such as your name and email address to pre-populate our sign-up form. Services like Facebook Connect give you the option to post information about your activities on this Website to your profile page to share with others within your network.

CHANGES IN THIS PRIVACY STATEMENT

If we decide to change our privacy policy, we will post those changes to this privacy statement and other places we deem appropriate so that you are aware of what information we collect, how we use it, and under what circumstances, if any, we disclose it. We reserve the right to modify this privacy statement at any time, so please review it frequently. If we make material changes to this policy, we will notify you here, by email, or by means of a notice on our homepage prior to the change becoming effective.

THIRD PARTIES AND DATA

We use certain trusted third parties (for example, providers of customer support and IT services) to help us provide, improve, protect, and promote our Services. These third parties will access your information only to perform tasks on our behalf in compliance with this Privacy Policy, and we’ll remain responsible for their handling of your information per our instructions. As such, all third parties that Poll-lite works with must be in compliance with our Privacy Policy.

We may disclose your information to third parties if we determine that such disclosure is reasonably necessary to (a) comply with the law; (b) protect any person from death or serious bodily injury; (c) prevent fraud or abuse of Poll-lite or our users; or (d) protect Poll-lite’s property rights.

CONTACT US

Poll-lite is committed to working with individuals to obtain a fair resolution to any complaints or disputes about privacy and personal information. Poll-lite commitment to privacy is demonstrated and documented by our internal Privacy Compliance Officer, by our adherence to the applicable laws and codes. If you have any complaints or concerns about this privacy policy you can contact: FAMC2943, Compass Building, Al Shohada Road, Al Hamra Industrial Zone-FZ, Ras Al Khaimah, United Arab Emirates

Poll-lite Privacy Policy

Welcome to Poll Lite FZ-LLC (“Poll-Lite,” “we,” “us,” “our”) website and thank you for using our products and services (“Services”). The following Terms and Conditions (“Terms”) govern all use of the Services, so please read carefully.

1. ACCEPTANCE

The Services are offered subject to your acceptance of these Terms, our Privacy Policy and any additional terms and policies (including operating rules, guidelines and procedures) that may apply depending on your particular use of the Services

By using the Services or by clicking on an acceptance box for these Terms, you are agreeing to be bound by these Terms, our Privacy Policy, and all other applicable terms and policies. If you do not agree with these Terms and policies, do not use or access the Services or click on the acceptance box.

If you are using the Services on behalf of a company or any other entity, you agree to these Terms on behalf of that entity and you represent that you have the authority to do so. In such case, “you” and “your” will refer to that entity. Additionally, since the Services are available only to individuals who are at least 18 years old, you represent and warrant that you are at least 18 years old and take full responsibility for the selection and use of the Services. These Terms are void where prohibited by law, and the right to access the Services is revoked in such jurisdictions.

2. REGISTRATION

In order to use certain features of the Services, you may be required to register for a Services account. You warrant that any registration information (such as name, contact information, or other information) you submit to Poll-Lite is accurate, complete, and not misleading, and you agree to keep such information up to date. Failure to do so constitutes a breach of these Terms and may result in immediate termination of your account. To the extent you are able to select a “user name,” you may not (i) select or use a user name that is a name of another person with the intent to impersonate that person; (ii) use a user name that is a name subject to any rights of a person other than you without appropriate authorization; or (iii) use a user name that is offensive, vulgar, obscene, or unlawful. We reserve the right, in our sole discretion, to cancel or refuse registration of any user name we believe violates these Terms, our policies, or the law. You shall be responsible for maintaining the confidentiality of your password and other account information. Your login must only be used by one person; a single login shared by multiple people is not permitted. Poll-Lite is not liable for any loss or damage from your failure to comply with this Section 2. We may use your registration information and any technical information about your use of the Services to tailor its presentations to you, facilitate your movement through the Services, communicate separately with you or publish the fact that you are a user of our services.

3. YOUR CONTENT.

As between you and Poll-Lite, you retain ownership of the intellectual property rights of the content you submit to us (“Your Content”), except for the limited rights that enable us to perform the Services. In short, what’s yours is yours, but we do need certain permissions from you so that our processing, maintenance, storage, technical reproduction, back-up, distribution, and related handling of Your Content does not infringe applicable copyright and other laws. Therefore, in order to perform the Services, you grant us a non-exclusive, worldwide, royalty-free, transferable, and irrevocable (for so long as Your Content is stored with us) license to use, reproduce, and display Your Content as reasonably necessary to provide you with the Services. You are responsible for maintaining, protecting, and making backups of Your Content. To the maximum extent permitted by applicable law, we will not be liable for the loss or corruption of Your Content.

4. OUR CONTENT.

Using the Services does not give you ownership of any intellectual property rights in the Services. You agree that all Poll-Lite content and materials delivered via the Services or otherwise made available by Poll-Lite (collectively, “Our Content”) are protected by copyrights, trademarks, service marks, patents, trade secrets, or other proprietary rights and laws. Except as expressly authorized by Poll-Lite in writing, you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, or create derivative works of Our Content. However, you may print or download a reasonable number of copies of Our Content for your own informational purposes; provided, that you retain all copyright and other proprietary notices within the copies. Reproducing, copying, or distributing any of Our Content or Poll-Lite design elements for any other purpose is strictly prohibited without our express prior written permission. Use of Our Content for any purpose not expressly permitted in these Terms is prohibited. Poll-Lite reserves any rights not expressly granted in these Terms.

5. USE OF THE SERVICES.

You represent and warrant that (i) your use of the Services will comply with all laws and regulations; (ii) Your Content will not infringe or violate any third-party intellectual property rights or any laws or regulations (including, without limitation, obscenity, defamation, and privacy laws); (iii) if you use the Services on behalf of any third party, you have all necessary authorizations; and (iv) your use of the Services will not conflict with any obligations you have to any third party. We reserve the right, in our sole discretion, to remove, modify, prevent access to, or refuse to display Your Content that we believe violates these Terms, our policies, or the law.

6. ACCOUNTS AND FEES.

Poll-Lite offers a Free period (“Trial period”) that you may use to try out our services at no cost; after this Trial period you may upgrade to any of Poll-Lite paid subscriptions. If you are a paying user of the Services, you shall pay Poll-Lite Service fees in accordance with this Section 6 and our pricing plans located at www.start.poll-lite.com/pricing (“Fees”). You will be billed for your first subscription term immediately upon upgrading to a paid subscription. Subscriptions will automatically renew for a period equal in length to the preceding subscription period. All Fees will be invoiced in advance (on a monthly or annual basis depending upon the subscription you purchase), and the credit card last used by you for a Poll-Lite transaction will automatically be charged at the start of each subscription period. All Fees are non-refundable—without limitation, we shall provide no refunds or credits for partial months of Service, for upgrades or downgrades, or for unused months of an annual account. For any subscription upgrade, the credit card last used by you for a Poll-Lite transaction will automatically be charged the new Fee on your next billing cycle. We reserve the right to change the Fees and to institute new charges and Fees at the end of each subscription period. Unpaid Fees are subject to a finance charge of 1.5% per month or the maximum permitted by law, whichever is lower, plus all expenses of collection. You shall be responsible for all taxes associated with the Services other than taxes based on Poll-Lite net income. All inquiries related to billing and credit card charges should be made in writing to ATTN: Billing/Invoices, Poll Lite FZ-LLC, FDRK4350, Compass Building, Al Shohada Road, Al Hamra Industrial Zone-FZ, Ras Al Khaimah, United Arab Emirates or via email to: [email protected]

7. DOWNGRADING A LICENSE

In the event of a downgrade of any pricing plan to a lower pricing level previously used functionalities only available to the higher license level will be removed and limited to the basic functions of the lower plan. Full access to the survey data, in the case of earlier use of functions from the higher license, will not be available. In order to get access again, it is possible to upgrade the plan at any time.

8. CHANGES TO THE TERMS

We may amend these Terms from time to time by posting an amended version in the Services and on our website. If you are a Trial period Account user, the amended version will become effective immediately as of the amended version’s Notice Date. If you are a new or returning user who registers for services on or after the Notice Date, the amended version will be effective immediately. If you are a current paying user of the Services, these Terms will continue under their original provisions for your original subscriptions, and the amended version will become effective at the start of your next Poll-Lite subscription period (including any new subscription or any automatically renewed subscription). Your use of the Services after an amended version becomes effective will confirm your acceptance and consent of that amended version. It is your responsibility to check the Services on our website for amended versions of these Terms and to review any changes. These Terms may not be amended in any other way except through a written agreement executed by both you and an authorized representative of Poll-Lite. Notwithstanding the foregoing, we may amend our Privacy Policy or all other auxiliary policies at any time by posting amended versions on our website; the amended versions will become effective immediately upon posting.

9. CHANGES TO SERVICES

Poll-Lite is constantly innovating and evolving the Services in order to provide the best possible experience for our users. You acknowledge and agree that the form and nature of the Services may change from time to time without notice. Changes to the form and nature of the Services may include, without limitation, the alteration or removal of a functionality or aspect of the Services. You agree that we shall not be liable to you or to any third party for any modification, suspension or discontinuance of any part of the Services. You also agree that we may create limits on certain features and services or restrict your access to parts of the Services without notice or liability

10. ANTI-SPAM AND E-MAIL POLICY.

Poll-Lite expressly forbids all SPAM (the term “SPAM” meaning the sending of unsolicited e-mail to parties unknown to the sender). If you are found to be using the Services for SPAM, your account will be subject to immediate termination. The Services may only be used in connection with e-mail lists for which recipients have voluntarily registered. Using the Services to send e-mail to an address you obtain without the consent of the addressee is a violation these Terms. You are prohibited from importing e-mail addresses for persons who have not affirmatively and clearly elected to receive your mailings. For clarity, you will only send e-mail to persons who have willingly signed up to receive your mailings. If we receive complaints about your activities under this Section 9, your account may be subject to immediate termination. You will not send e-mail under any company or organization name other than your own company/organization, and you will not send e-mail with fraudulent or misleading header or source information. All e-mail sent through the Services must be expressly for the purpose of collecting data using Poll-Lite online surveys. Sending e-mail through the Services to solicit any actions other than completing Poll-Lite surveys is a violation of these Terms. You are fully responsible for the contents of your messages and the consequences of any such messages. We shall have no responsibility or liability for messages or other content that is created by you. You shall not send, post, distribute or disseminate any defamatory, obscene, or otherwise unlawful messages, material or information, including another person’s proprietary information (including trademarks, trade secrets, or copyrighted information) without express authorization from the rights holder. Poll-Lite will cooperate with legal authorities in releasing names and IP addresses of users who are involved in SPAM or illegal activities.

11. OTHER RESTRICTIONS

• You shall not use any “deep-link,” “page-scrape,” “robot,” “spider,” or other automatic device, program, algorithm, or methodology, or any similar or equivalent manual process (i) to access, acquire, copy, or monitor any portion of the Services or Our Content; (ii) to reproduce in any way or circumvent the navigational structure or presentation of the Services or Our Content; or (iii) to obtain or attempt to obtain any materials, documents, or information through any means not purposely made available through the Services. Additionally, you shall not use any device, software, or routine to interfere or attempt to interfere with the proper working of the Services or any transaction being conducted on the Services. We reserve the right to bar any such activity.
• You shall not attempt to gain unauthorized access (i) to any portion or feature of the Services, (ii) to any systems or networks connected to the Services, (iii) to any Poll-Lite server, or (iv) to any of the services offered on or through the Services, by hacking, password “mining”, or any other illegitimate means.
• You shall not probe, scan, or test the vulnerability of the Services or any network connected to the Services, nor breach the security or authentication measures on the Services or any network connected to the Services. You shall not reverse look-up, trace, or seek to trace any information on any other user of or visitor to the Services or any other customer of Poll-Lite, or exploit the Services or any service or information made available or offered by or through the Services.
• You shall not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Services or Poll-Lite systems or networks, or any systems or networks connected to the Services. In the event of such actions, we reserve the right to implement measures to ensure the quality and availability of the Services for all other Poll-Lite users.
• You shall not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to Poll-Lite or send while using the Services. You shall not, in connection with the Services, pretend (e.g. through impersonation) that you are any other individual or entity. For Surveys sent in connection with the Services, you shall not attempt to remove any identifying footer such as “Powered by Poll-Lite” or other similar message.
• You shall not abuse or threaten to abuse (verbally, physically, or in writing) any Poll-Lite customer, employee, or agent.

12. SERVICE LEVELS

The following services levels and this Section 12 apply to you only if you are a Paid Customer with Active Subscription Agreement:

• If you are a paying user, are not in breach of this Agreement, and are not delinquent with respect to any Fees, Poll-Lite will use commercially reasonable efforts to make the Services available to you with an Uptime Percentage (defined below) of at least 99.5% during the course of the Uptime Calculation Period (defined below). Our calculation of uptime shall be definitive and final. In the event we determine that we did not meet the uptime commitment, as your sole remedy and Poll-Lite exclusive liability, you will be eligible to receive a credit for an additional month of Services.
• “Unavailable” means that your Services have no external connectivity during a 5-minute period.
• “Uptime Percentage” is calculated by subtracting from 100% the percentage of 5-minute periods during the Uptime Calculation Period that the Services were in an Unavailable state, excluding downtime resulting directly or indirectly from Service Level Exclusions.
• “Service Level Exclusions” are downtimes that shall not be deducted when calculating an Uptime Percentage; the Service Level Exclusions are as follows: (i) downtime caused by factors outside of our reasonable control, including any force majeure event or Internet access or related problems beyond the demarcation point of Poll-Lite servers; (ii) downtime that results from any actions or inactions by you or any third party; (iii) downtime as a result of regular maintenance or patch builds; (iv) downtime as a result of significant upgrades or significant maintenance to Poll-Lite software for which we have given notice; (v) downtime arising from our suspension and termination of your right to use the Services in accordance with these Terms or our policies.
• “Uptime Calculation Period” is the 365-day period immediately preceding the date you make a confirmed claim via e-mail to your account manager. If you have been using the Services for less than 365 days, the Uptime Calculation Period will still be deemed the preceding 365 days, but any days prior to you becoming a paying user will be deemed to have had 100% availability. Any downtime occurring prior to a successful service credit claim cannot be used for future claims.
• Any claim must be submitted in writing to [email protected] within 30 days after a complained of Unavailability incident. The claim must include (i) the text “SLA CLAIM” in the subject line, (ii) the dates and times of each Unavailability incident being claimed, and (iii) logs or documentation that corroborate your claimed Unavailability incidents.

13. THIRD PARTY SITES

The Services may allow you to link to other websites or resources on the Internet, and other websites or resources may contain links to the Poll-Lite website and our Services. These other websites are not under our control, and you acknowledge that Poll-Lite is not responsible or liable for the content, functions, accuracy, legality, appropriateness or any other aspect of these websites or resources. The inclusion of any such link does not imply endorsement by Poll-Lite. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any content, goods, information, or services available on or through any such website or resource.

14. INDEMNIFICATION

You are responsible for all of your activity in connection with the Services and shall defend, indemnify, and hold harmless Poll-Lite and each of its employees, contractors, directors, suppliers and representatives from all liabilities, damages, losses, settlements, claims, actions, demands, costs and expenses, including attorneys’ fees, that arise from or in connection with your (i) use or misuse of the Services, (ii) access to any part of Poll-Lite and the Services, (iii) Your Content, or (iv) violation of these Terms.

15. WARRANTY DISCLAIMER

THE SERVICES ARE PROVIDED ON AN “AS IS” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. Poll-Lite MAKES NO WARRANTY THAT (I) THE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, (II) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, OR (III) THE RESULTS OF USING THE SERVICES WILL MEET YOUR REQUIREMENTS. SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES. IN SUCH JURISDICTIONS, THE FOREGOING DISCLAIMERS MAY NOT APPLY TO YOU INSOFAR AS THEY RELATE TO IMPLIED WARRANTIES.

16. LIMITATION OF LIABILITY

IN NO EVENT SHALL Poll-Lite, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, VENDORS OR SUPPLIERS BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL THEORY WITH RESPECT TO THE SERVICES (OR ANY CONTENT OR INFORMATION AVAILABLE THROUGH THE SERVICES): (I) FOR ANY LOST PROFITS OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, EVEN IF FORESEEABLE, (II) FOR ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE (REGARDLESS OF THE SOURCE OF ORIGINATION), (III) FOR ANY ERRORS OR OMISSIONS IN ANY CONTENT OR INFORMATION OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT OR INFORMATION POSTED, E-MAILED, TRANSMITTED OR OTHERWISE MADE AVAILABLE AT OR THROUGH THE SERVICES, OR (IV) FOR ANY DIRECT DAMAGES IN EXCESS OF (IN THE AGGREGATE) US$500.00. THE FOREGOING LIMITATIONS SHALL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.

17. TERMINATION BY YOU

You can cancel your account at any time by clicking on the “My Account” link in the global navigation bar at the top of the screen. The account screen provides a simple cancellation link. No other form of cancellation (such as phone or e-mail) will be valid. If you cancel the Services before the end of your current subscription period, the cancellation will take effect immediately, and Your Content will be immediately deleted from the Services. You will not be charged for any subsequent subscription periods. For clarity, amounts paid are non-refundable and if your account is canceled in the middle of a subscription period, you forfeit all amounts paid.

18. TERMINATION BY US

We may restrict, suspend, or terminate the Services to you (i) if you fail to comply with these Terms or our policies (including without limitation, failure to pay any fees owed by you in relation to the Services) (ii) if you use the Services in a way that creates or could create liability for us, (iii) if you interfere with other’s use of the Services, (iv) if a law enforcement, judicial body, or other government agency requests us to do so, or (v) if we need to investigate suspected misconduct by you. Any such restriction, suspension, or termination shall be made by us in our sole discretion, and we will not be responsible to you or any third party for any damages that may result or arise out of such restriction, suspension, or termination of your account and/or access to the Services. In the event of an urgent matter, we reserve the right to take immediate action without notice. Additionally, unless you are a paying user, we reserve the right to terminate and delete your account if you have not accessed the Services for a period of 365 days or longer.

19. EFFECT OF TERMINATION

Upon termination by either you or Poll-Lite, (i) all of Your Content will be immediately deleted from the Services, (ii) you will no longer access (or attempt to access) the Services, (iii) all outstanding fees owed to Poll-Lite will become immediately due and payable, and (iv) we shall have no obligation to retain any of Your Content. You are solely responsible for exporting Your Content from the Services prior to termination of the Services you receive. All provisions of these Terms that by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, and limitations of liability.

20. EXPORT AND TRADE CONTROLS.

You agree not to import, export, re-export, or transfer, directly or indirectly, any part of the Services or any information provided on or through the Services except in full compliance with all United Arab Emirates, foreign and other applicable laws and regulations.

21. ELECTRONIC COMMUNICATIONS AND NOTICES.

By creating an account, you hereby consent to receive electronic communications from us, including marketing e-mails, product updates, and other business messages. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. Electronic communications may be in the form of e-mails sent by us to the e-mail address associated with your account or communications posted by us on the Poll-Lite website, your “My Account” page, or the Services you utilize. We save all communication (chats, emails, and calls) between Poll-Lite representatives and you for record-keeping, training and quality-assurance purposes.

All notices to Poll-Lite must be addressed in writing to: Poll Lite FZ-LLC, FDRK4350, Compass Building, Al Shohada Road, Al Hamra Industrial Zone-FZ, Ras Al Khaimah, United Arab Emirates. Poll-Lite may provide notices to you via the e-mail address associated with your account or through your Services account.

22. RESOLVING DISPUTES

We want to ensure that you have an excellent experience with Poll-Lite. If you have a problem or concern, we encourage you to first contact our representative via [email protected] to try to resolve any issues. However, in the event of formal proceedings, you and Poll-Lite agree that these Terms shall be governed by and construed in accordance with the laws of the United Arab Emirates, and agree to submit to the exclusive jurisdiction and venue of the government courts located in Ras Al Khaimah, UAE.

23. MISCELLANEOUS

The failure of either party to exercise or enforce any right contained in these Terms, is not a waiver of either parties’ right to do so later. Poll-Lite shall not be liable for any failure to perform its obligations in these Terms where such failure results from any cause beyond Poll-Lite reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation. If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms shall otherwise remain in full force and effect and enforceable. These Terms are not assignable, transferable, or sublicensable by you, except with our prior written consent. We may transfer, assign, or delegate these Terms and their rights and obligations without consent. Both parties agree that these Terms are the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications, and other understandings relating to the subject matter of these Terms, and that all modifications must be in a writing signed by both parties, except as otherwise provided herein. No agency, partnership, joint venture, or employment is created as a result of these Terms and you do not have any authority of any kind to bind Poll-Lite in any respect whatsoever.