Power Poll: Website Privacy Statement
LAST UPDATED: December 30, 2025
Power Poll and its affiliates and subsidiaries ("Power Poll," "we," "our," or "us") is committed to respecting and protecting your privacy. This Privacy Statement applies to our websites and services, including www.powerpoll.com, and all related websites, web-based services, and mobile apps (the "Sites").
This Privacy Statement explains what Personal Data we collect from visitors to the Sites, how we use and disclose that information, and the rights and choices you have in connection with that information, including how you can limit certain uses and disclosures of your information. When we refer to "Personal Data," we mean information about an identified individual or about an individual whom we could identify. Subject to applicable law, Personal Data generally does not include publicly available information or anonymized or de-identified data.
This Privacy Statement does not apply to third-party websites, products, or services, even if they link to the Sites. We recommend you review the privacy practices of those third parties before connecting or accessing third-party websites and disclosing any Personal Data. See the section titled Links to Other Sites for more information.
Without prejudice to your rights under applicable laws, this Privacy Statement is not contractual and does not form part of your contract with Power Poll or its affiliates or subsidiaries.
If you have questions or requests regarding this Privacy Statement, please contact us using the information in the Contact Us section.
1. HOW WE MAY COLLECT, USE, AND DISCLOSE PERSONAL DATA
Types of Personal Data We Collect and Why
We may collect the following categories of Personal Data, for the purposes stated in the table.
| Category of Personal Data | Examples | Purpose of Collection and Use |
|---|---|---|
| Identifiers | First and last name, contact information, device ID or IP address and user-generated content (including poll responses, reviews and feedback) |
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| Commercial information | Poll participation history; account activity; and/or other interaction or engagement histories |
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| Internet or other electronic activity information | Browsing and app history; clickstream data; browser and operating system type; navigation paths; date/time stamps; cookie identifiers; clear gifs; Internet service provider (ISP); referring/exit pages; device identifiers; and other information about device characteristics and how you interact with our apps/Sites and Services |
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| Geolocation data | Device location; geolocation; IP address; cell network data; and/or other similar locational data |
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| Audio, electronic, visual, thermal, olfactory, or similar information | Audiovisual records of webinars or teleconferences, session replay |
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| Professional or employment-related information | Employer name, professional contact information, job title, industry |
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| Education information | Degrees obtained, educational institutions attended |
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| Inference information | Inferences we may infer from other Personal Data we have collected, which may include preferences and characteristics |
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How We Collect Information
We may collect Personal Data from the following sources:
| Sources of Personal Data | Categories of Personal Data We Collect |
|---|---|
| Directly from you We may collect Personal Data from you when you interact with our Sites, submit inquiries or request information from us, participate in polls and surveys, create an account, engage our services, or otherwise contact or communicate with us. We may also collect Personal Data from you when we send you marketing information about our products, services, sales, events, and/or promotions via phone, email, or other means. We may use Personal Data to improve how we reach you, the content we share with you, to conduct market research, and to improve business operations, our platform, and overall customer engagement. |
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| Automatically We may collect Personal Data from you automatically when you visit the Sites or as you interact with us. See the Cookies, Pixels, and Advertising section for more information. |
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| Our service providers and third-party vendors The Sites may use third-party analytics services. These services may record mouse clicks, page views, mouse movements, and scrolling activity and are used by Power Poll to analyze trends and administer the Sites. |
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| Third parties We may collect Personal Data from third-party social media platforms and sites, such as when you engage with our social media pages, online communities and forums, and when you mention us on your own or other social media pages, online communities, or forums. Please note that online forums may be publicly accessible, and other individuals may view information you post in the forums. If you are involved in a business relationship with us, we may also obtain some limited information about you indirectly, for example from your colleagues or your company, or from publicly available sources such as the Internet and/or subscription-based services. |
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Parties To Whom We May Disclose Information
We disclose Personal Data as shown in the following table.
| Categories of Third-Party Recipient and Purpose for Disclosure | Categories of Personal Data We May Disclose |
|---|---|
| Affiliates We may disclose Personal Data to our business units, subsidiaries, joint ventures, brands, or other companies under our common control (collectively, "Affiliates") for the purposes described in this Privacy Statement. We will require our Affiliates to honor this Privacy Statement. |
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| Our service providers and third-party vendors We use third-party vendors to perform operational functions related to our Sites. Some of these vendors (e.g., marketing automation vendors, poll platforms, or hosting providers) may have access to your Personal Data, but only as necessary to provide services to us. If the third-party vendor is our service provider, we have agreements in place with the vendors requiring your information to be kept confidential and reasonable data security measures to be used to protect it. We also disclose your Personal Data to vendors (for example, marketing automation vendors or hosting providers) as needed to assist us with business operations, but in such instances, these vendors are contractually required to keep your information confidential. |
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| Marketing, Advertising, and Analytics Providers for Our Marketing and Brand Purposes We may disclose Personal Data to third-party providers for marketing, advertising, and analytics purposes. For additional information regarding our advertising practices, please see the Advertising section. We may also disclose Personal Data to third-party providers for commercial prospecting, product development, and to conduct product and brand perception and awareness surveys. |
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| Government entities We may disclose Personal Data to government entities and agencies, regulators, law enforcement, and other third parties, including to comply with applicable laws and regulations, to respond to a subpoena, search warrant, or pursuant to legal process, and to establish or exercise our legal rights or for fraud or crime-prevention purposes or for the protection of the rights, property, or safety of our company or third parties. We may also disclose Personal Data in relation to a known or suspected violation of our terms of use, fraud prevention, or other unlawful use, including with entities assisting us with an investigation, or as may be required by applicable law. |
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| Business partners We may engage third parties to perform certain functions on our behalf. To do so, we may disclose Personal Data to our third-party business partners and service providers in order to maintain and operate the Sites and Services and provide, improve, and personalize the Sites and Services, including to fulfill requests for the Services, and for other technical and processing functions, such as sending emails on our behalf and technical support. |
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| Professional Service Firms We may disclose Personal Data to professional service firms in connection with our legal and regulatory obligations and to establish or exercise our rights and defend against claims, including, for example, auditors, law firms, and consultants. |
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| Successor organizations Subject to applicable law, we reserve the right to transfer some or all Personal Data in our possession to a successor organization in the event of a merger, acquisition, bankruptcy, or other sale or transfer of all or a portion of our assets. If any such transaction occurs, the purchaser will be entitled to use and disclose the Personal Data collected by us in the same manner that we are able to, and the purchaser will assume the rights and obligations regarding Personal Data as described in this privacy statement. |
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2. COOKIES, PIXELS, AND ADVERTISING
Cookies and Pixels
When you access the Sites, our servers automatically collect and record the Internet Protocol ("IP") address associated with your computer. We may also collect additional information such as a device ID, browser type and version, the operating system of your device, language, country, the date and time of visits, your IP address, the pages viewed, time spent on the Sites, and the websites visited just before and just after a Site. This information is used to help us administer the Sites, and it is transmitted automatically by your web browser. This information may be appended to your profile information to remember your preferences and diagnose technical problems.
We may use cookies to collect this information. Cookies are small data files sent by a website and stored on the computer or device at the request of that site. Cookies store information related to a user's browser to enable us to recognize your device on return visits to the Sites and to remember your preferences.
Most browsers allow you to control cookies, including whether or not to accept them and how to remove them. If you want to block the use and saving of cookies from the Sites on to the computer's hard drive, you should take the necessary steps within your web browser's settings to block all cookies from the Services and external serving vendors. Please note that if you choose to erase or block your cookies, certain parts of our Services may not function correctly. For information on how to disable cookies, refer to your browser's documentation.
We may also use web beacons, pixels, or similar collection mechanisms, and in certain circumstances may collect IP addresses, screen resolution, browser software, operating system types, clickstream patterns, dates and times that our site is accessed, and other categories of data. Some of these technologies involve transferring that information to third parties. By using the Sites, you consent to that collection and transfer. See the Links to Other Sites section for more information.
Interest-Based Advertising
We do not display advertisements on the Sites, but we do participate in interest-based advertising to place advertisements on unaffiliated sites using information you provide us when you interact with the Sites. Interest-based ads, also known as personalized ads, are ads that are targeted to you based on your web browsing and app usage over time and across websites or apps. For example, the Sites may use third-party ad servers, retargeting services, and web analytics systems, such as Google, to analyze aggregate web usage statistics and provide us the ability to display advertisements about our services to you when you have left our site.
You have the option to restrict the use of information for interest-based advertising and to opt out of receiving interest-based ads. Some of these third parties may use cookies and other technologies to collect information about your online activities over time and across third-party websites or online services to deliver advertising based on your interests and preferences, as inferred from your browsing history. Some of these ads may be personalized, meaning that they are intended to be relevant to you based on information that those third-party Providers collect about your visits to this site and elsewhere over time.
To learn more about this type of advertising and how to opt out of this form of advertising, you may either visit optout.aboutads.info to opt out of sites and services participating in the Digital Advertising Alliance ("DAA") self-regulatory program, or visit optout.networkadvertising.org to opt out of this form of advertising by members of the Network Advertising Initiative ("NAI"). Note that electing to opt out will not stop advertisements from appearing in your browser or applications, although it may make the ads you see less relevant to your interests. This opt-out works through cookies set on a particular browser, so if you delete cookies from a web browser, or use a different browser, you will need to opt out again.
Your choice to opt out on a particular browser or device will apply only to the collection and use of information from that particular browser or device. Opting out on a particular device will not opt you out of information collection on other devices, nor will it limit cross-device sharing on those other devices. If you use different browsers on a device or multiple devices, for each browser and device you wish to opt out, please opt out each device and browser separately at optout.aboutads.info and at optout.networkadvertising.org.
Do-Not-Track
The Sites are not designed to support Do-Not-Track functionality. Do-Not-Track is a preference you can set on your web browser to inform websites that you do not want to be "tracked" by third parties. The Sites do not respond to Do-Not-Track Signals as it does not track you when you leave a Site. Our third-party service providers, who provide ad serving, retargeting services, and web analytics services to us, may not respond to Do-Not-Track signals. If an individual comes to a Site directly with a Do-Not-Track signal enabled on their browser, we do not look for the Do-Not-Track signal or respond to it; even if a Site looks for the Do-Not-Track signal, it does not respond to it.
3. ANONYMOUS, DE-IDENTIFIED, AND AGGREGATED INFORMATION
We may create aggregated, de-identified, or anonymized information from Personal Data by removing certain data components (such as your name, email address, or linkable tracking ID) that make the data identifiable, or through aggregation, obfuscation, or other means. For example, we may use aggregated, de-identified, or anonymized information to understand how to improve or enhance the Sites. Subject to applicable law, our use of such aggregated, de-identified, or anonymized information is not Personal Data or subject to this privacy statement.
4. YOUR CHOICES
You have certain choices with respect to your Personal Data.
We may use your contact information to send you email messages regarding updates to the Sites, such as the publication of new information and content, promotional offers, or to communicate with you about our services. You may opt out of receiving these emails at any time via the unsubscribe link contained in the email message.
We will communicate with you only according to your preferences provided to us. We may use your contact information to send you messages regarding updates to the Sites. You may opt out of receiving these messages by following the unsubscribe link contained in the message, or by contacting us through the information contained in the Contact Us section. You may not be able to opt out of receiving certain messages from us, such as transactional communications or legal notices.
5. DATA TRANSFERS
Our Sites are provided in the United States and directed to individuals and organizations located in the United States. If you are located outside of the United States, any information you provide to us will be transferred to, processed, and/or maintained in the United States. If you are located outside of the United States, the transfer of Personal Data may be necessary to provide you with the requested information and services and/or to perform any requested transaction.
Specifically, information we collect from you might be processed in the United States, and by using these services you acknowledge and consent to the processing of your data in the United States.
6. LINKS TO OTHER SITES
Our Sites contains links to other websites, including social networking websites, mobile applications, or Internet locations (collectively "Third-Party Sites"). Our Sites may also include social network sharing widgets or other embedded content that may provide information to their associated social networks or third parties about your interactions with our web pages that you visit, even if you do not click on or otherwise interact with the plug-in, widget, or embedded content. Information is transmitted from your browser and may include an identifier assigned by the social network or third party, information about your browser type, operating system, device type, IP address, and the URL of the web page where the widget appears. (See the Cookies and Pixels section for more information.) We have no control over and are not responsible for third-party websites, their privacy practices, their content, or any goods or services available through the Third-Party Sites, including embedded content. Our privacy policy does not apply to Third-Party Sites; any information you provide to a Third-Party Site is subject to that Third-Party Site's privacy policy or privacy practices.
The fact that we link to a website is not an endorsement or representation of an affiliation with that website. You should carefully review the applicable privacy policies before using or engaging with any Third-Party Site on any of our Sites.
7. CHILDREN'S PRIVACY
The Sites offered are not directed to or intended for use by children under 13 years of age. We do not knowingly collect or solicit Personal Data from anyone under the age of 13, or knowingly allow such persons to register for our services, without parental consent. No one under age 13 may provide any Personal Data to us or on the Sites. If you are under 13, please do not attempt to register for the Sites or send any information about yourself to us, including your name, address, telephone number, or email address. If we learn that we have inadvertently collected Personal Data from an individual under age 13 without parental consent, we will take steps to delete the data as permitted by law. If you believe that we might have any information from or about an individual under age 13, please contact us using the information in the Contact Us section.
8. CALIFORNIA SHINE THE LIGHT LAW
Under California's "Shine The Light" law (California Civil Code § 1798.83), California residents are entitled to request, once a year and free of charge, certain information regarding what types of their Personal Data may be disclosed to third parties and, in some cases, affiliates, for those third parties' and affiliates' own direct marketing purposes. Under this law, a business is to either provide California residents certain information upon request or permit California residents to opt out of this type of disclosure. You may request this information by contacting us using the information in the Contact Us section and indicate in the email subject line, "California Shine The Light Request." Please include your mailing address, state of residence, and email address with your request.
9. UPDATES TO THIS PRIVACY STATEMENT
We may update this Privacy Statement from time to time. The "effective date" at the top of this privacy statement indicates when this Privacy Statement was last revised. Any changes are effective when we post the revised Privacy Statement on the Sites. We encourage you to routinely review this Privacy Statement to learn about updates to our privacy practices.
10. CONTACT US
For more information or if you have questions or concerns about our privacy practices, please contact us by email at privacy@powerpoll.com.
Power Poll: Website Terms of Use
Effective date: December 30, 2025
PLEASE READ THESE TERMS AND CONDITIONS ("TERMS") CAREFULLY. THEY SET FORTH YOUR LEGALLY BINDING AGREEMENT FOR ACCESS TO AND USE OF OUR WEBSITES. YOU MUST AGREE TO THESE TERMS TO ACCESS AND USE OUR WEBSITES. THESE TERMS INCLUDE A BINDING ARBITRATION AGREEMENT THAT WAIVES YOUR AND OUR ABILITY TO SEEK RELIEF IN COURT, EXCEPT IN SPECIFIED SITUATIONS. FOR MORE INFORMATION, SEE THE SECTION TITLED DISPUTE RESOLUTION.
This page describes the terms of use of www.powerpoll.com (the "Website") by you, the website viewer, and your rights and responsibilities as a user. Please read this page carefully. By using this Website, you agree to be bound by these Terms of Use (the "Terms"). Accessing the Websites, in any manner, whether automated or otherwise, constitutes use of the Website and your agreement to be bound by these Terms.
Power Poll ("Power Poll") may revise these Terms at any time without notice; therefore, you should visit this page periodically to review the Terms. You agree that by entering, re-entering, or continuing to use this Website thereafter, you accept all changes that may have been made to the Terms.
Eligibility to Use the Website
You must be over the age of 18 years old to visit, use, or interact with the Website. By visiting, using, or interacting with the Website, you represent and warrant that you are at least 18 years old and/or otherwise have the capacity to enter into a non-voidable, legally binding agreement. If you cannot make this representation and warranty, you must cease accessing the Website immediately.
In addition, you may not visit, use, or interact with the Website if you are affiliated with, employed by, a contractor for, or otherwise acting on behalf of an individual or entity located in a country of concern under 28 CFR § 202.209.
Use of Site Material
No portion of this website can be reproduced, stored in a retrieval system, or transmitted in any form by any means, electronic, mechanical, photocopying, recording, or otherwise for any other purposes. The contents of this Website, including, without limitation, text, graphics, images, and other content (the "Content"), are owned by or licensed to Power Poll and are protected by copyright under both United States and foreign laws. Unauthorized use of the Content violates copyright, trademark, and other laws. All trademarks, service marks, trade names, and logos appearing on the site are the property of Power Poll or its licensors and may not be used without permission. You agree to retain all copyright and other proprietary notices contained in the original Content on any copy you make of such material.
You agree that you will not:
- engage in any activities through or in connection with the Website that seek to attempt to or do harm to any individuals or entities or are unlawful, offensive, obscene, lewd, lascivious, filthy, violent, threatening, harassing, or abusive, or that violate any right of any third party, or are otherwise objectionable to Power Poll;
- use the Website in violation of any applicable law or regulation;
- reverse engineer, decompile, disassemble, reverse assemble, or modify any of the Website's source or object code or any software or other products, services, or processes accessible through any portion of the Website;
- engage in any activity that interferes with a user's access to the Website or the proper operation of the Website, or otherwise causes harm to Power Poll, the Website, or other users of the Website;
- interfere with or circumvent any security feature of the Website or any feature that restricts or enforces, or seeks to restrict or enforce, limitations on use of or access to the Website;
- attempt to gain unauthorized access to the Website, other computer systems, or networks connected to Website, through password mining or any other means;
- monitor, gather, copy, or distribute contents (except as may be a result of standard search engine activity or use of a standard browser) on the Website by using any robot, rover, "bot," spider, scraper, crawler, spyware, engine, device, software, extraction tool, or any other automatic device, utility, or manual process of any kind;
- engage in bulk or automated collection of the Contents or any other content on the Website (except as may be a result of standard search engine activity);
- use Content on the Website in a manner that suggests an unauthorized association with any of Power Poll's or Power Poll's licensors' products, services, or brands;
- sell, lease, rent, exchange, publish by hard copy or electronic means, publicly perform, display, disseminate, distribute, broadcast, retransmit, circulate, or transfer to any third party or on any third-party application or website, or otherwise use or exploit the Content on the Website in any way for any purpose except as specifically permitted by Power Poll or with the prior written consent of an officer of Power Poll or, if provided to Power Poll by a licensor, the owner;
- insert any code or product to manipulate the Content on the Website in any way that adversely affects any user experience; or
- otherwise violate these Terms.
You may establish a hypertext link to the Website so long as the link does not state or imply any sponsorship of your site by Power Poll or by the Website. However, you may not, without Power Poll's prior written permission, frame or inline link any of the Content of the Website or incorporate into another website or other service any of Power Poll's material, Content, or intellectual property (including any images, text, or page layout).
Links
This site contains links to websites owned by third parties. The fact that a third-party website is linked to on this Website is not an endorsement, recommendation, or referral by Power Poll. These links are provided solely as a convenience to you. Power Poll is not responsible for the content of any linked websites and makes no representations regarding the content or accuracy of materials on such sites. If you decide to visit any third-party websites using links from this site, you do so at your own risk.
Website Access and Availability
Power Poll will make reasonable efforts to provide access to the Website but does not guarantee that the Website will be available in whole or part. The Website is provided to you on an "AS IS" and "AS AVAILABLE" basis. Access to the Website may from time to time be unavailable, delayed, limited, or slowed due to, among other things:
- servers, networks, hardware failure (including your own computer), telecommunication lines and connections, and other electronic and mechanical equipment;
- software failure, including among other things, bugs, errors, viruses, configuration problems, incompatibility of systems, utilities or applications, the operation of firewalls or screening programs, unreadable codes, or irregularities within particular documents or other content;
- overload of system capacities;
- damage caused by severe weather, earthquakes, wars, insurrection, riots, civil commotion, act of God, accident, fire, water damage, explosion, mechanical breakdown, or natural disasters;
- interruption (whether partial or total) of power supplies or other utility of service; strike or other stoppage (whether partial or total) of labor;
- governmental or regulatory restrictions, exchange rulings, court or tribunal orders, or other human intervention; or
- any other cause (whether similar or dissimilar to any of the foregoing) whatsoever beyond the control of Power Poll.
Disclaimers
This Website is presented for use by the general public without warranty. No guarantee is provided as to the timeliness or accuracy of any information provided on the site.
Power Poll does not warrant that this website, its operation, or the Content will be error-free or that the website or its server(s) are free of computer viruses or other harmful material. If your use of the website or the Content results in the need for servicing or replacing of equipment or data, Power Poll shall not be responsible for those costs. This website and its Content are provided on an "as is" basis without any warranties of any kind.
POWER POLL, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE WARRANTY OF MERCHANTABILITY, NONINFRINGEMENT OF THIRD PARTIES' RIGHTS, AND THE WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE. YOUR USE OF THIS WEBSITE IS AT YOUR OWN RISK. THE INFORMATION, PRODUCTS AND SERVICES OFFERED ON OR THROUGH THE WEBSITE AND ANY THIRD-PARTY SITES ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. POWER POLL DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE WEBSITE OR MATERIALS ON THIS WEBSITE OR ON THIRD-PARTY SITES IN TERMS OF THEIR CORRECTNESS, ACCURACY, TIMELINESS, RELIABILITY, OR OTHERWISE.
Limitation of Liability
IN NO EVENT SHALL POWER POLL BE LIABLE TO YOU OR ANY OTHER USER OF THIS WEBSITE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR ANY OTHER MONETARY OR OTHER DAMAGES, FEES, FINES, PENALTIES, LOSS PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM, CONCERNING, OR CONNECTED IN ANY WAY TO THE USE OR INABILITY TO USE MATERIAL ON THIS WEBSITE OR SITES LINKED TO THIS WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER POWER POLL IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES IN ADVANCE OR NOT. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT POWER POLL IS NOT LIABLE FOR ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY USER. IF YOU ARE DISSATISFIED WITH THE WEBSITE, ANY MATERIALS, PRODUCTS, OR SERVICES ON THE WEBSITE, OR WITH ANY OF THE WEBSITE'S TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE WEBSITE AND THE PRODUCTS, SERVICES, AND/OR MATERIALS. THE WEBSITE IS CONTINUALLY UNDER DEVELOPMENT AND POWER POLL MAKES NO WARRANTY OF ANY KIND, IMPLIED OR EXPRESS, AS TO ITS ACCURACY, COMPLETENESS, OR APPROPRIATENESS FOR ANY PURPOSE.
Intellectual Property Ownership
Content Generally. The Website contains a variety of (i) materials, applications, and other items relating to Power Poll and similar items from Power Poll's licensors and other third parties, including all data, metadata, metrics, information, layout, articles, posts, text, data, files, images, scripts, designs, graphics, button icons, instructions, illustrations, photographs, audio clips, music, sounds, pictures, videos, advertising copy, URLs, technology, software, interactive features, the "look and feel" of the Website and elements thereof, and the compilation, assembly, and arrangement of the materials of the Website and any and all copyrightable material (including source and object code); (ii) trademarks, logos, trade names, trade dress, service marks, and trade identities of various parties, including those of Power Poll (collectively, "Trademarks"); and (iii) other forms of intellectual property (all of the foregoing, collectively "Content").
Ownership. All right, title, and interest in and to the Website and the Content available via the Website is the property of Power Poll or Power Poll's licensors or certain other third parties, and is protected by U.S. and international intellectual property and unfair competition rights and laws to the fullest extent possible. Power Poll owns the copyright in the selection, compilation, assembly, arrangement, and enhancement of the Content on the Website.
Limited License. Subject to your strict compliance with these Terms, Power Poll grants you a limited, non-exclusive, revocable, non-assignable, personal, and non-transferable license to (i) access, use, and interact with the Website, and to (ii) download, display, view, use, and/or print the Content (excluding source and object code in raw form or otherwise, other than as made available to access and use to enable display and functionality) on a personal computer, mobile phone or other wireless device, or other Internet enabled device (each, a "Device"). The foregoing limited license (x) does not give you any ownership of, or any other intellectual property interest in, any Content or in the Website and (y) may be immediately suspended or terminated for any reason, in Power Poll's sole discretion, and without advance notice or liability. No other right or license may be construed, under any legal theory, by implication, estoppel, industry custom, or otherwise under common law or in equity. All rights not expressly granted in this license are reserved by Power Poll and Power Poll's licensors and other third parties.
Rights of Others. In using the Website, you must respect the intellectual property and other rights of Power Poll and others. Your unauthorized use of Content may violate copyright, trademark, privacy, publicity, communications, and other laws, and any such use may result in your personal liability, including potential criminal liability. You agree you will keep intact all Trademark, copyright, and other intellectual property notices contained in the Content.
DMCA. The Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under the U.S. copyright law. If you believe in good faith that materials hosted by Power Poll infringe your copyright, you, or your agent may send a notice requesting that the material be removed or access to it be blocked. Any notification by a copyright owner or a person authorized to act on its behalf that fails to comply with requirements of the DMCA shall not be considered sufficient notice and shall not be deemed to confer upon Power Poll actual knowledge of facts or circumstances from which infringing material or acts are evident. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send a counter-notice. All notices and counter notices must meet the then current statutory requirements imposed by the DMCA; see http://www.loc.gov/copyright for details. The Copyright Agent for notice of claims of copyright infringement or counter notices can be reached at info@powerpoll.com.
Feedback Concerning Power Poll or the Website. In your communications with Power Poll, please keep in mind that Power Poll does not seek any unsolicited ideas or materials for products or services, or even suggested improvements to products or services (collectively, "Unsolicited Ideas and Materials"). Any Unsolicited Ideas and Materials you submit to Power Poll via or regarding the Website (or Power Poll) are licensed to Power Poll. In addition, Power Poll retains all of the rights held by members of the general public with regard to your Unsolicited Ideas and Materials. Power Poll's receipt of your Unsolicited Ideas and Materials is not an admission by Power Poll of their novelty, priority, or originality, and it does not impair Power Poll's right to contest existing or future intellectual property rights relating to your Unsolicited Ideas and Materials. You grant to Power Poll the non-exclusive, unrestricted, unconditional, unlimited, worldwide, irrevocable, perpetual, and cost-free right and license to use, copy, record, distribute, reproduce, disclose, sell, re-sell, sublicense, display, publicly perform, transmit, publish, broadcast, translate, make derivative works of, and otherwise use and exploit in any manner whatsoever, all or any portion of your Unsolicited Ideas and Materials (and derivative works thereof), for any purpose whatsoever in all formats, on or through any means or medium now known or hereafter developed, and with any technology or devices now known or hereafter developed, and to advertise, market, and promote the same. In order to further effect the rights and license that you grant to Power Poll to your Unsolicited Ideas and Materials, you also hereby grant to Power Poll, and agree to grant to Power Poll, the unconditional, perpetual, and irrevocable right to use and exploit your name, persona, and likeness in connection with any Unsolicited Ideas and Materials on the Website, without any obligation or remuneration to you. Except as prohibited by law, you hereby waive, and you agree to waive, any moral rights (including attribution and integrity) that you may have in any Unsolicited Ideas and Materials, even if it is altered or changed in a manner not agreeable to you. To the extent not waivable, you irrevocably agree not to exercise such rights (if any) in a manner that interferes with any exercise of the granted rights. You understand that you will not receive any fees, sums, consideration, or remuneration for any of the license rights granted in this paragraph. Each time you submit any Unsolicited Ideas and Materials, you represent and warrant that (a) the Unsolicited Ideas and Materials are accurate, and are not fraudulent, deceptive, inaccurate, misleading, or misrepresentative of your identity or affiliation with a person or company; (b) the Unsolicited Ideas and Materials do not and, as to Power Poll's permitted uses and exploitation set forth in these Terms, will not infringe any intellectual property or other right of any third party; and (c) the Unsolicited Ideas and Materials will not violate these Terms, or cause injury or harm to any person. In addition, you may provide or Power Poll may ask you to provide suggestions, comments, input, or other feedback (collectively, the "Feedback") regarding Power Poll, Power Poll's services, or the Website, which may include written or oral reviews of Power Poll, Power Poll's services, or the Website. You agree that any Feedback becomes the property of Power Poll, and that Power Poll may use or exploit the Feedback without any accounting or payment to you.
User IDs And Passwords
Certain areas or features of the Website may be restricted to users who have obtained a user identification and password by completing a registration process. You are responsible for maintaining the confidentiality of your login and password, and you are responsible for all uses of your username and password, and any and all related activity on the Website, whether or not authorized by you. You agree to establish reasonable security procedures and controls to limit access to your password or other identifying information to authorized individuals, which includes choosing passwords and other credentials in a manner that will protect the security of your information. You agree to notify Power Poll immediately if you believe your user identification, password, or other identifying information has been lost, stolen, or otherwise compromised. You also acknowledge and agree that you are solely responsible for all damages or claims that may arise from any access to or use of the Website by any person to whom you have provided your user identification, password, or other identifying information, or by any person who has obtained such information from you, including, but not limited to, any access to or use of the Website that may occur after you have notified us that your user identification, password, or other identifying information has been lost, stolen or otherwise compromised.
Governing Law
These Terms are governed by the substantive laws of the State of Connecticut, without respect to its choice of law provisions. This Agreement is entered into between you and Power Poll in the State of Connecticut and is performed within the State of Connecticut.
Dispute Resolution
Any dispute shall be subject to binding individual arbitration in Bridgeport, Connecticut, except to the extent otherwise provided elsewhere herein. Notwithstanding the foregoing, you and Power Poll are each permitted to seek injunctive or other equitable relief from a court of competent jurisdiction in connection with claims arising out of any actual or alleged infringement of any intellectual property rights of you or Power Poll; provided, however, that if you seek injunctive or equitable relief from us, you agree that you must do so in a state or federal court sitting in Fairfield County, Connecticut or with appellate jurisdiction thereover. The law governing arbitrability, compelling arbitration, and confirming or vacating arbitration awards is and shall be the Federal Arbitration Act, 9 U.S.C. § 1 et seq.
Class Action Waiver. You may only resolve disputes with us on an individual basis and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations are not allowed. The arbitrator may not consolidate more than one person's claims and may not otherwise preside over any form of a class or representative proceeding or claims (such as a class action, consolidated action or private attorney general action) unless all relevant parties specifically agree to do so following initiation of the arbitration.
Mass Arbitration. Notwithstanding the foregoing Class Action Waiver clause, if, at any time, 25 or more similar demands for arbitration are asserted against us by the same or coordinated counsel or entities (a "Mass Filing"), you and Power Poll agree that the additional procedures set forth below shall apply. The parties agree that throughout this process, their counsel shall meet and confer to discuss modifications to these procedures based on the particular needs of the Mass Filing. The parties acknowledge and agree that by electing to participate in a Mass Filing, the adjudication of their dispute might be delayed. Any applicable limitations period (including statute of limitations) and any filing fee deadlines shall be tolled beginning when the Mass Filing occurs, until your claim is selected to proceed as part of a staged process or is settled, withdrawn, otherwise resolved, or opted out of arbitration.
Stage One: Counsel for the claimants and counsel for Power Poll shall each select 12 claims per side (up to 24 claims total) to be filed and to proceed in individual arbitrations as part of a staged process. Each of these individual arbitrations shall be assigned to a different, single arbitrator unless the parties agree otherwise in writing. Any remaining claims shall not be filed or be deemed filed in arbitration, nor shall any arbitration fees be assessed in connection with those claims unless and until they are selected to be filed in individual arbitration proceedings as part of a staged process. After this initial set of staged proceedings is completed, the parties shall promptly engage in a global mediation session of all remaining claims with a retired federal or state court judge and Power Poll shall pay the mediator's fee.
Stage Two: If the remaining claims are not resolved at this time, counsel for the claimants and counsel for Power Poll shall each select 50 claims per side (100 claims total) to be filed and to proceed in individual arbitrations as part of a second staged process, subject to any procedural changes the parties agreed to in writing. Each of these individual arbitrations shall be assigned to a different, single arbitrator unless the parties agree otherwise in writing. Any remaining claims shall not be filed or be deemed filed in arbitration, nor shall any arbitration fees be assessed in connection with those claims unless and until they are selected to be filed in individual arbitration proceedings as part of a staged process.
After this second set of staged proceedings is completed, the parties shall promptly engage in a global mediation session of all remaining claims with a retired federal or state court judge and Power Poll shall pay the mediator's fee. If your claim is not resolved as part of the staged process identified above, either:
Option One: You and Power Poll may separately or by agreement, opt out of arbitration and elect to have your claim heard in court consistent with the Agreement. You may opt out of arbitration by providing your individual, personally signed notice of your intention to opt out by sending Power Poll an email to info@powerpoll.com. Such an opt-out email must be sent by you personally, and not by your agent, attorney, or anyone else purporting to act on your behalf. It must include a statement, personally signed by you, that you wish to opt out of arbitration within 30 days after the conclusion of Stage Two or the elective mediation associated with Stage Two. We may opt your claim out of arbitration by sending an individual, personally signed notice of its intention to opt out to your counsel within 14 days after the expiration of your 30-day opt-out period. Counsel for the parties may agree to adjust these deadlines. OR
Option Two: If neither you nor Power Poll elect to have your claim heard in court consistent with Option One, then you agree that your claim will be resolved as part of continuing, staged individual arbitration proceedings as set forth below. Assuming the number of remaining claims exceeds 200, then 200 claims shall be randomly selected (or selected through a process agreed to by counsel for the parties) to be filed and to proceed in individual arbitrations as part of a staged process. If the number of remaining claims is fewer than 200, then all of those claims shall be filed and proceed in individual arbitrations. Any remaining claims shall not be filed or be deemed filed in arbitration, nor shall any arbitration fees be assessed in connection with those claims unless and until they are selected to be filed in individual arbitration proceedings as part of a staged process. After each set of 200 claims are adjudicated, settled, withdrawn, or otherwise resolved, this process shall repeat consistent with these parameters. Counsel for the parties are encouraged to meet and confer, participate in mediation, and engage with each other to explore ways to streamline the adjudication of claims, increase the number of claims to proceed at any given time, promote efficiencies, conserve resources, and resolve the remaining claims.
A court of competent jurisdiction shall have the authority to enforce these Mass Filing provisions and, if necessary, to enjoin the mass filing, prosecution, or administration of arbitrations and the assessment of arbitration fees. If these additional procedures apply to your claim, and a court of competent jurisdiction determines that they are not enforceable as to your claim, then your claim shall proceed in a court of competent jurisdiction consistent with the Terms. You and Power Poll agree that we each value the integrity and efficiency of arbitration and wish to employ the process for the fair resolution of genuine and sincere disputes between us. You and Power Poll acknowledge and agree to act in good faith to ensure the processes set forth herein are followed. The parties further agree that application of these Mass Filing procedures have been reasonably designed to result in an efficient and fair adjudication of such cases.
Notwithstanding the foregoing, nothing in this section shall prevent you from commencing an action against us in small claims court in the county in which you reside.
Miscellaneous
Severability. If any clause within these Terms (other than the Dispute Resolution section) is found to be illegal or unenforceable, that clause will be severed from these Terms, and the remainder of these Terms will be given full force and effect. If the Dispute Resolution section is found to be illegal or unenforceable, the entire Dispute Resolution section will be unenforceable and the dispute will be decided by a court of competent jurisdiction.
No Waiver. Except as expressly set forth in these Terms, no waiver of any of these Terms shall be deemed a further or continuing waiver of such term or any other term, and no failure or delay by you or Power Poll in exercising any of the rights, powers, or remedies herein will operate as a waiver of that or any other right, power, or remedy.
Assignment. We may assign our rights and obligations under these Terms, in whole or in part, to any party at any time without any notice. These Terms may not be assigned by you, and you may not delegate your duties under them, without the prior written consent of one of our officers. Any assignment made contrary to this is, and shall be deemed to be, void. These Terms shall be binding up and inure to the benefit of us and our respective assigns, successors, heirs, and legal representatives.
International issues. We control and operate the Website from the United States, and we make no representation that the Website is appropriate or available for use beyond the United States. We do not intend to make the Website available to users outside the United States.
Complete Agreement. These Terms constitute the entire agreement between you and Power Poll with respect to your use of this website.
Communications
When you communicate with Power Poll electronically, such as via email, mobile app messages, and text message, you consent to receive communications from Power Poll electronically. Messaging and data rates may apply. Please note that Power Poll is not obligated to respond to inquiries that it receives. You agree that all agreements, notices, disclosures, and other communications that Power Poll provides to you electronically satisfy any legal requirement that such communications be in writing. You further represent and warrant that you are the owner or recipient of, or subscriber to, any physical, email, or other electronic address (including email address and social media handle) or telephone number which you provide to Power Poll.
Access to, interaction with, and usage of the Website may be recorded or monitored by Power Poll or a third party. By accessing, interacting with, or using the Website, you consent to any recording or monitoring.
Changes To These Terms
Power Poll may change these Terms at any time in its discretion without any notice to you.
AS THE WEBSITE EVOLVES, THE TERMS UNDER WHICH POWER POLL OFFERS THE WEBSITE MAY PROSPECTIVELY BE MODIFIED, AND POWER POLL MAY CEASE OFFERING THE WEBSITE UNDER THE TERMS OR ADDITIONAL TERMS FOR WHICH IT WAS PREVIOUSLY OFFERED. YOU AGREE THAT POWER POLL MAY NOTIFY YOU OF OTHER TERMS BY POSTING THEM ON THE WEBSITE (OR IN ANY OTHER REASONABLE MANNER OF NOTICE WHICH POWER POLL ELECTS), AND THAT YOUR USE OF THE WEBSITE AFTER SUCH NOTICE CONSTITUTES YOUR AGREEMENT TO THE OTHER TERMS FOR YOUR NEW USE AND TRANSACTIONS.
Therefore, you should review the posted Terms each time you visit the Website. The updated or changed Terms will be effective as to new use and transactions as of the time that Power Poll posts them, or such later date as may be specified in them or in other notice to you. You can reject any new or revised Terms by ceasing to visit, use, or interact with the Website.