Terms of Service

Please also refer to our Privacy Policy, or contact us.

Precision Polling LLC, a Washington state Limited Liability Company, (hereinafter called PRECISION POLLING) and You (hereinafter called CUSTOMER), in consideration of the covenants contained herein and other good and valuable consideration, the parties hereby agree on this day as follows:

1. SERVICES:

PRECISION POLLING agrees to provide, and CUSTOMER agrees to accept, the SERVICES described in this document, attached hereto, made part herein, and referred hereafter as SERVICES. These SERVICES will be provided in accordance with this agreement, for the prices and rates in effect at the time of delivery, or otherwise incorporated by this agreement and schedules.

2. TERM:

SERVICES shall commence and remain in force as agreed in writing. If CUSTOMER terminates SERVICES prior to the expiration date shown above, CUSTOMER shall be liable for all fees incurred to termination date.

3. PRICING:

The current SERVICES pricing is provided in this agreement. All charges will be exclusive of value added (“VAT”), sales or other taxes, except as required by law. CUSTOMER shall pay all duties and foreign, federal, state, county, local income taxes, VAT, and other taxes, or amounts in lieu thereof, levied or based on the SERVICES or other products or documentation provided to CUSTOMER, exclusive of taxes based upon the net income of PRECISION POLLING. In the event any payments to be made by CUSTOMER are subject to applicable withholding tax that CUSTOMER is required to deduct from such payments, CUSTOMER shall promptly deliver to PRECISION POLLING receipts issued by appropriate government authorities for all such taxes withheld or paid by CUSTOMER and CUSTOMER shall fully and promptly cooperate with PRECISION POLLING to provide such information and records as PRECISION POLLING may require in connection with any application by PRECISION POLLING to obtain available tax credits. All quotes indicated and payable in U.S. Dollars.

4. FEES:

PRECISION POLLING allows the CUSTOMER to add credit to their account balance. At time of credit purchase, applicable taxes may be added. Whenever the CUSTOMER makes use of the service to initiate a phone call using the service, a per-call amount is deducted from the prepaid account balance. The per-call rate depends on the phone number called. PRECISION POLLING may change its rates at any time, or come to any other arrangement with any of its customers for the purchase account credit or charing for calls.

The CUSTOMER understands that PRECISION POLLING is intended to be used for short automated phone surveys, which are typically only 1-3 minutes in length. For phone call connection times that exceed 5 minutes in length (rounded up to the nearest whole minute), PRECISION POLLING may deduct one additional per-call charge for each additional 5 minute length of connection time. For example, a 2-minute-long phone call would deduct 1 call value; a 9-minute-long phone call would deduct 2 calls' value; and an 11-minute-long phone call would deduct 3 calls' value, at a per-call rate depending on the number being dialed.

The "account balance" purchased by the CUSTOMER has no cash value, and is not a gift card. This balance is non-refundable and non-transferable.

If the CUSTOMER account is inactive for more than 180 days, where inactivity is defined as not logging into the PRECISION POLLING web site, the CUSTOMER's "account balance" may expire, and the CUSTOMER's account balance may be set to 0. PRECISION POLLING has no obligation to notify the CUSTOMER when their account is about to expire, or has expired.

In its sole discretion, PRECISION POLLING shall determine whether the CUSTOMER is eligible for a free trial "account balance". Free trials are limited to one per person, and if we find that You have created multiple free trial accounts, we reserve the right to suspend those accounts and take actions to prevent additional violations.

Should You have any dispute as to fees associated with your account, please contact us at within 90 days of the date of the activity that generated such dispute, and we will attempt to resolve the matter. Any and all refunds issued to resolve such a dispute shall be issued as "account balance" credits to Your account, but in no event shall there be any cash refunds. Disputes older than 90 days shall not be entitled to any refunds or credits.

5. MEMBER ACCOUNT, PASSWORD, AND SECURITY:

If any of the SERVICES requires CUSTOMER to open an account, CUSTOMER must complete the registration process by providing PRECISION POLLING with current, complete and accurate information as prompted by the applicable registration form. CUSTOMER must also choose a password. CUSTOMER is solely responsible for maintaining the conﬁdentiality, safety and security of the password and account. CUSTOMER is not authorized or permitted to share the password with any other party. Furthermore, CUSTOMER is entirely responsible for any and all activities that occur under the account. CUSTOMER agrees to notify PRECISION POLLING immediately of any unauthorized use of the account, loss or theft of the password, or any other breach of security. PRECISION POLLING will not be liable for any loss that CUSTOMER may incur as a result of someone else using the password or account, either with or without knowledge. However, CUSTOMER could be held liable for losses incurred by PRECISION POLLING or another party due to someone else using the account or password. CUSTOMER may not use anyone else’s account at any time, without the permission of the account holder. Any attempt to circumvent any access controls or to otherwise gain access to any other portion of the PRECISION POLLING website or SERVICES, other than what CUSTOMER is authorized to access, is a material breach of these terms and will result in immediately termination of CUSTOMER’s account and password, any may result in further civil actions or criminal enforcement proceedings.

6. RESTRICTIONS:

As a condition of use of the SERVICES, CUSTOMER hereby agrees to the following restrictions:

CUSTOMER may not use the SERVICES for any purpose that is unlawful or prohibited by the Terms:
CUSTOMER may not use the SERVICES in any manner that could damage, disable, overburden, or impair any PRECISION POLLING server, or the network(s) connected to any PRECISION POLLING server, or interfere with any other party’s use and enjoyment of any SERVICES:
CUSTOMER may not attempt to gain unauthorized access to any SERVICES, other accounts, computer systems or networks connected to any PRECISION POLLING server or to any of the SERVICES, through hacking, password mining or any other means:
CUSTOMER may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the SERVICES:
CUSTOMER may not use or register the name PRECISION POLLING or any other trade name or trademark of PRECISION POLLING without express, prior permission:
CUSTOMER may not obstruct the identiﬁcation procedures used by PRECISION POLLING in the SERVICES:
CUSTOMER may not resell the use of the Service to any other party: CUSTOMER may not use the SERVICES to upload, post, reproduce or distribute, in any way, any information, software or other material protected by copyright or any other intellectual property right without ﬁrst obtaining the permission of the copyright holder.

7. GENERAL ADMINISTRATION AND IMPROVEMENTS:

PRECISION POLLING reserves the right to make changes, including but not limited to its operating procedures, accessibility, CUSTOMER identiﬁcation procedures, terminal equipment, type and location of system, and other applicable administration/improvements.

8. USE OF SERVICES / CUSTOMER RESPONSIBILITIES:

CUSTOMER is fully responsible for the contents of transmissions through the SERVICES. PRECISION POLLING reserves the right to take any action with respect to the SERVICES that PRECISION POLLING deems necessary or appropriate in its sole discretion if PRECISION POLLING believes the CUSTOMER or CUSTOMER’s information may create liability for PRECISION POLLING, compromise or disrupt the SERVICES for CUSTOMER or other using the SERVICES, or cause PRECISION POLLING to lose (in whole or in part) the SERVICES of PRECISION POLLING’ ISPs or other suppliers. The SERVICES make use of the Internet and telephone network for CUSTOMER to send and receive information. As a result, CUSTOMER acknowledges and agrees that its conduct is subject to Internet and telephone network regulations, policies and procedures. CUSTOMER must obtain and pay for all equipment and third-party SERVICES (e.g., Internet access, phone access, email accounts) independently required to access and use the SERVICES.

9. DATA SECURITY:

PRECISION POLLING will provide reasonable security provisions to insure that access to CUSTOMER’s computer-stored data ﬁles and/or programs are available only to CUSTOMER, or to persons authorized by CUSTOMER. PRECISION POLLING reserves the right to change security operation procedures to improve such protection. CUSTOMER assumes full responsibility for selection and use of any protection codes or passwords as may be required or permitted by the service. PRECISION POLLING also reserves the right at all times to disclose any information to third parties, as PRECISION POLLING deems necessary to satisfy any applicable law, regulation, legal process or governmental request.

10. WARRANTY AND LIMITATION OF LIABILITY:

Except for PRECISION POLLING’s breach of Section 9, IN NO EVENT SHALL PRECISION POLLING, ITS LICENSORS, SUBSIDIARIES OR AFFILIATES BE LIABLE FOR ANY PUNITIVE, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES SUFFERED BY CUSTOMER OR ANY THIRD PARTY, INCLUDING WITHOUT LIMITATION, FAILURE TO REALIZE EXPECTED SAVINGS, LOSS OF REVENUES OR PROFITS, LOSS OF DATA OR ANY OTHER COMMERCIAL OR ECONOMIC LOSS (INCLUDING WITHOUT LIMITATION, LOSS OF DATA RESULTING FROM DELAYS, NONDELIVERIES, WRONG DELIVERIES, SERVICE INTERRUPTIONS, PERFORMANCE OR FAILURE OF THE INTERNET, OR DELETION OR FAILURE TO SAVE DELIVERIES), EVEN IF PRECISION POLLING HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR THEY ARE FORESEEABLE. THE SERVICES ARE PROVIDED ‘AS IS’ AND THERE ARE NO WARRANTIES, REPRESENTATIONS OR CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED, WRITTEN OR ORAL, ARISING BY STATUTE, OPERATION OF LAW, COURSE OF DEALING, USAGE OF TRADE OR OTHERWISE WITH RESPECT TO THE SERVICES OR ANY OTHER PRODUCT, DOCUMENTATION OR SERVICE PROVIDED HEREUNDER OR IN CONNECTION HEREWITH. PRECISION POLLING FURTHER EXPRESSLY DISCLAIMS GUARANTEE OF CONTINUED AVAILABILITY OF THE SERVICE OR ANY IMPLIED WARRANTY OR CONDITION OF MERCHANTABILITY, SATISFACTORY QUALITY, DURABILITY OR FITNESS FOR A PARTICULAR PURPOSE TITLE OR NON-INFRINGEMENT. NO REPRESENTATION OR OTHER AFFIRMATION OF FACT, INCLUDING BUT NOT LIMITED TO MARKETING LITERATURE OR COLLATERAL OR STATEMENTS REGARDING PERFORMANCE OF THE SERVICES BY PRECISION POLLING WHICH IS NOT CONTAINED IN THIS SECTION SHALL BE CONSIDERED TO BE A WARRANTY OR REPRESENTATION, SHOULD NOT BE RELIED UPON AND IS NOT BINDING UPON PRECISION POLLING.

In addition to the disclaimer set forth in section WARRANTY AND LIMITATION OF LIABILITY, PRECISION POLLING does not:

Represent or endorse the accuracy or reliability or any opinion, advice or statement made through the Service:
Assume liability for any harassing, offensive or obscene material distributed through the Service.
Assume any liability for any material distributed through the Service which is distributed in violation of any third party’s copyright or other intellectual property right.
Assume liability for claims concerning unsolicited commercial fax, email or voice messages, including (but not limited to) Telephone Consumer Protection Act of 1991, CRTC 2001-193, FTC regulations, and the Can-Spam Act.
Assume liability for any reassignment of a CUSTOMER number, CUSTOMER account login, CUSTOMER password, or any other CUSTOMER ID used in conjunction with SERVICES.

PRECISION POLLING’s liability in any and all other cases for any and all other causes shall, in the aggregate, be LIMITED TO THE AMOUNT ACTUALLY PAID BY CUSTOMER TO PRECISION POLLING HEREUNDER FOR THE SERVICES provided however, that (i) PRECISION POLLING may elect, in lieu of paying damages or granting offset, to correct errors or omissions within a reasonable time from notiﬁcation of such errors or omissions, and (ii) CUSTOMER agrees that PRECISION POLLING shall not be liable to CUSTOMER for any expenses, claim, loss or damage unless CUSTOMER provides PRECISION POLLING with written notice on any claimed errors or omissions within ten (10) days of CUSTOMER’s receipt of the report giving rise to the claim.

The remedies above provided shall be CUSTOMER’s only and exclusive remedies in connection with the SERVICES furnished here under to CUSTOMER.

The limited warranty, exclusive remedies and limited liability set out herein are fundamental elements of the basis of the agreement between CUSTOMER and PRECISION POLLING. CUSTOMER acknowledges and agrees that PRECISION POLLING would not be able to provide the SERVICES at the rates charged without such limitations.

CUSTOMER represents and covenants to PRECISION POLLING that:

the information submitted for transmission via the PRECISION POLLING network for PRECISION POLLING SERVICES is for lawful purposes only and that the transmission of messages or ﬁles is not in violation of any federal, state or provincial laws:
CUSTOMER will not transmit any unlawful, harmful, threatening, abusive, libelous, vulgar, obscene, profane, hateful or otherwise objectionable information of any kind, including, but not limited to, encouraging conduct that would constitute a criminal offense, infringe third party rights, give rise to civil liability or otherwise violate any local, state, national or other law: and
CUSTOMER will comply with all applicable laws, regulations, or conventions including those related to FTC, FCC, State, or Local provisions including Do-Not-Call provisions of the previous, data privacy, international communications, and export of technical or personal data.

CUSTOMER agrees to indemnify and hold PRECISION POLLING and its agents harmless from any and all claims, losses, damages, judgments, penalties, ﬁnes, expenses and costs (including any attorney’s fees and expenses) brought against, suffered or incurred by PRECISION POLLING for (i) any claims brought by any recipient of a CUSTOMER transmission or other end user or customer of CUSTOMER: (ii) any claims arising out of or in connection with any claim arising out of CUSTOMER’s use of the Services, Precision Polling Properties and/or Precision Polling Marks in a manner not authorized by this Agreement, and/or in violation of the applicable restrictions (including but not limited to) unsolicited commercial fax, email or voice messages, including (but not limited to) Telephone Consumer Protection Act of 1991, CRTC 2001-193, FTC regulations, and the Can-Spam Act, (iii) the delivery of any information, the infringement of any trademark or copyright: or (iv) any use by a third party of CUSTOMER’s password or account.

11. FORCE MAJEURE:

Unless continuing for a period of ninety (90) consecutive days, or involving obligations of payment hereunder, no default, delay or failure to perform on the part of either party shall be considered a breach of the Agreement if such default, delay or failure to perform is shown to be due entirely to an event of force majeure, or to causes beyond the reasonable control of the defaulting party including without limitation, strikes, riots, civil disturbances, actions or inactions concerning governmental authorities, epidemics, war, embargoes, severe weather, ﬁre, earthquakes, acts of God or the public enemy or default of a common carrier, or interruptions of the Internet such as failure of a third party telecommunications provider or internet service provider or third party hosting provider, always provided that the party so relieved of its obligations shall take reasonable steps to prevent, correct or amend such act or event which renders such obligations impossible.

12. OWNERSHIP:

CUSTOMER acknowledges and agrees that PRECISION POLLING or its licensors are the exclusive owners of all right, title and interest in and to the SERVICES, products or documentation supplied pursuant to the SERVICES, including without limitation, all intellectual property rights, copyrights, patents, trade secrets, trademarks and any other intellectual or industrial property rights whatsoever. CUSTOMER shall not copy, make extracts from, create derivative works, translate or otherwise modify any of the products or the documentation (except as permitted above) provided by PRECISION POLLING as a component of the SERVICES or available from the PRECISION POLLING website. The provision of SERVICES by PRECISION POLLING does not convey any license by implication, estoppels, or otherwise, under any patent, copyright, trade secret, trademark or any other intellectual property right whatsoever.

PRECISION POLLING acknowledges and agrees that CUSTOMER is the exclusive owner of information supplied to PRECISION POLLING pursuant to the SERVICES, including phone lists, poll content, and voice recordings. PRECISION POLLING also acknowledges and agrees that CUSTOMER is the exclusive owner of the results gained from the SERVICES, including poll results, and will not share this information with third-parties without prior written consent from the CUSTOMER.

13. ASSIGNMENT:

Any assignment of this agreement by CUSTOMER without the prior written consent of PRECISION POLLING shall be void except, however, CUSTOMER may assign this agreement without PRECISION POLLING’s prior written consent to a 3rd party that purchases or otherwise acquires substantially all the assets of CUSTOMER. CUSTOMER insolvency, receivership, voluntary or involuntary bankruptcy, or the institution of proceedings thereof, or any assignment by CUSTOMER for the beneﬁt of its creditors, will immediately terminate this agreement without notice.

14. TERMINATION:

PRECISION POLLING may terminate the Service provision to CUSTOMER (i) on the ﬁfteenth (15th) day after notice to CUSTOMER of a breach of the Terms, unless such breach is cured before that day: (ii) immediately, if CUSTOMER uses the SERVICES for illegal, immoral, unauthorized or unlawful purposes or for purposes which, in the sole opinion of PRECISION POLLING, may affect the goodwill or reputation of PRECISION POLLING: or (iii) if CUSTOMER is in default of payment and fails to remit payment within thirty ﬁve (35) days following the date of PRECISION POLLING’ invoice. Upon the occurrence of any of termination event for cause, CUSTOMER’s access to the SERVICES shall be terminated immediately. PRECISION POLLING shall have no responsibility to notify any third party, including any third party providers of SERVICES, merchandise or information, of any suspension, restriction or termination of CUSTOMER’s account. PRECISION POLLING shall have no obligation to maintain any messages or other content in CUSTOMER’s account or forward any unread or unsent message to CUSTOMER’s or any third party. Any termination of CUSTOMER account shall not relieve CUSTOMER from any amounts owing or any other liability accruing under this agreement prior to the time that such termination becomes effective.

15. DISPOSITION OF CUSTOMER PROPERTY UPON TERMINATION:

Upon termination of this agreement and prior to date of termination, CUSTOMER shall give PRECISION POLLING written instructions as to the disposition of CUSTOMER’s information, programs, ﬁles, documents and other relative items. CUSTOMER agrees to pay any and all related expenses incurred by PRECISION POLLING executing CUSTOMER’s disposition instructions. If no disposition instructions are provided by the CUSTOMER, PRECISION POLLING may dispose of CUSTOMER information at its discretion.

16. NOTICES:

All written notices required under this agreement shall be hand delivered or deposited in the United States mails with postage prepaid thereon as registered or certiﬁed mail, with return receipt requested, addressed as follows:

To CUSTOMER: via the email address that CUSTOMER registered for the service with.

To PRECISION POLLING: 6531 Division Ave NW, Seattle, 98117 Or by sending email to help@precisionpolling.com.

17. ENTIRE AGREEMENT, GOVERNING LAW AND DISPUTES:

The Terms constitutes the entire agreement between the parties concerning the subject matter hereof and the provision of SERVICES by PRECISION POLLING and supersede all prior statements, representations, discussions, negotiations and agreements, both oral and written. The Terms may be amended by PRECISION POLLING as provided above but otherwise may not be amended or modiﬁed except in writing signed by authorized ofﬁcer of PRECISION POLLING. Nothing in the Terms shall be deemed to limit any right or remedy that PRECISION POLLING may have available at law or in equity. The Terms shall be governed by and construed in accordance with the laws of the State of Washington, excluding that body of law applicable to choice of law and the United Nations Convention on Contracts for the International Sales of Goods and all legislation implementing such convention. CUSTOMER hereby consents and attorns to the jurisdiction of such State. Each party waives any right, and agrees not to have any dispute under the Terms tried or otherwise determined by a jury, except where required by law. The SERVICES and any information that CUSTOMER receives from PRECISION POLLING with respect thereto are the conﬁdential and proprietary information of PRECISION POLLING.

18. SURVIVAL:

The terms and provisions hereof shall be binding and inure to the benefit of the successors of the parties hereto.

19. ALTERATION:

This agreement may not be waived, altered, or modied except as provided hereto.

20. SEVERABILITY: FURTHER ASSURANCES: NO WAIVER:

In the event that any part of this Agreement is deemed by a court of competent jurisdiction to be illegal or unenforceable, such provision shall be deemed severed without invalidating any other provision hereof. The parties agree to do all such things and to execute such further documents as may reasonably be required to give full effect to this Agreement. No forbearance to enforce any right shall be a waiver thereof and no waiver shall be effective except and to the extent in writing.

21. ACCEPTANCE:

The parties have accepted the terms and conditions of this agreement and set forth their seals on the date and first above written.