Legal Notice and Terms of Service

Information of the company that manages the services

These Terms of Service ("ToS") were last updated on May 22, 2024.

The platform accessible through www.polling.com (the “Site”) is provided by Polling Inc. (hereinafter referred to as “us”, “we” or the “Company”), a registered entity with its principal office at 26440 La Alameda, Mission Viejo, CA, 92691 Suite #260. You may contact us at support@polling.com.

Please read these ToS carefully before you start using the Site. By using the Site or by clicking to accept or agree to these ToS when this option is made available to you, you accept and agree to be bound by these ToS, our Privacy Policy (which is incorporated herein by reference), and all applicable laws and regulations.

IMPORTANT NOTICE: IF YOU ARE USING THE PLATFORM IN THE U.S., THESE TOS CONTAIN A WAIVER OF JURY TRIALS AND CLASS ACTIONS GOVERNING DISPUTES ARISING FROM USE OF THE SERVICES. IT MAY AFFECT YOUR LEGAL RIGHTS AS DETAILED IN THE GOVERNING LAW AND DISPUTE RESOLUTION SECTION. PLEASE READ CAREFULLY.

1. General

These ToS are the legal agreement between you and the Company, and govern the access to, browsing, and use of the Site, whether as a guest or a registered user. By accessing the Site, you accept to be bound by these ToS. If you do not agree with these terms, you must refrain from using the Site.

If you are using the Site on behalf of a corporation or other entity, you represent and warrant that you can agree to these ToS on behalf of such entity.

2. Purpose

The purpose of the Site is to provide general and business information about the Company’s activities and enable users to create, distribute, and participate in surveys (the “Services”).

3. Information available on the Site

We strive to ensure that all information on the Site is accurate and up-to-date. However, we do not warrant the completeness or accuracy of the information and shall not be liable for any errors.

4. Your use of the Site

You agree to use the Site and Services in compliance with applicable laws and not for any unlawful purpose. You agree not to disrupt or damage the Site.

5. Accounts

Certain areas of the Site require registration. You must provide accurate information and maintain the security of your account credentials. You are responsible for all activities under your account.

6. Feedback

Any feedback you provide shall be deemed non-confidential and non-proprietary. The Company may use such feedback without restriction.

7. Indemnity

You agree to indemnify and hold harmless the Company from any claims, damages, or losses arising from your use of the Site or breach of these ToS.

8. Disclaimer

The Site and Services are provided “as is” without any warranties. We do not guarantee the availability, accuracy, or reliability of the Site.

9. Limitation of Liability

The Company shall not be liable for any indirect, incidental, or consequential damages arising from the use of the Site. Our maximum aggregate liability shall not exceed $100.

10. Intellectual Property

The Site and its content are owned by the Company and protected by intellectual property laws. You may not use the content without permission.

11. Privacy Policy

Your use of the Site is governed by our Privacy Policy.

12. Links to Third-Party Websites

We are not responsible for the content of third-party websites linked on the Site. Accessing third-party sites is at your own risk.

13. Amendments

We may update these ToS at any time. Continued use of the Site constitutes acceptance of the updated terms.

14. Incentives

Polling.com may provide incentives to survey respondents in the form of points, rewards, or other digital currencies. Participation in surveys is voluntary and respondents are considered independent contractors.

15. Governing Law and Dispute Resolution

For users outside the U.S.: These ToS are governed by the laws of California, USA.

For U.S. users: These ToS are governed by the laws of the State of Delaware. Any disputes must be resolved in the courts of Delaware.

Waiver of Jury Trials and Class Actions

a. Waiver of Jury Trial: Each party hereby irrevocably waives all rights to trial by jury in any action, proceeding, or counterclaim arising out of or relating to these ToS.

b. Class Action Waiver: All claims and disputes within the scope of these ToS must be litigated on an individual basis and not on a class basis. Claims of more than one customer or user cannot be litigated jointly or consolidated with those of any other customer or user.

16. Corporate Logo Usage

By registering, you confirm that you have the authority to grant permission, and you hereby provide us with approval to use your corporate logo in our marketing materials, including but not limited to the polling.com landing page, associated webpages, physical marketing materials, mailers, and video advertisements. If you wish to have your logo removed, you can request this at any time by emailing us at support@polling.com.

17. Miscellaneous

If any provision of these ToS is found to be invalid, the remaining provisions will remain in effect. Our failure to enforce any right or provision will not be considered a waiver.

18. Entire Agreement

These ToS, along with the Privacy Policy, constitute the entire agreement between you and the Company.

For any questions or concerns, please contact us at support@polling.com.