THE SURVEY CIRCLE SERVICE
We, (The Survey Circle) provide a variety of resources directly and indirectly related to the website, that will hereafter inclusively be termed Our Service or The Service or TSC. The Survey Circle assumes no responsibility for the disruptions to the availability of the service or the loss in any manner of user communications or personalized settings.

You as the user/member/subscriber (hereafter referred to as “you” or “your”) are responsible for obtaining and maintaining access to Our Service (including providing and being responsible for all equipment necessary to access Our Service), understanding that said access may involve third party fees (such as Internet service provider charges). You are responsible for those fees in their entirety.


GENERAL INFORMATION
This agreement gives the subscriber unlimited access to the TSC System purchased for a one-time charge at the prevailing rate stated on the homepage.  This access is valid for the lifetime of that TSC service.
SUBSCRIBER may terminate agreement at any time by e-mail to a customer service e-mail address provided on the TSC Internet site
Termination of agreement is effective when SUBSCRIBER receives confirmation message from TSC one of five ways: 1) by e-mail; 2) by telephone; 3) on the SUBSCRIBER'S online account with TSC; 4) by facsimile; or 5) by certified letter.

The Terms of Use constitute the entire agreement between you and TSC and govern your use of the Service, superceding any prior agreements between you and TSC. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other TSC services, affiliate services, third-party content or third-party software.

The Terms of Use and the relationship between you and TSC shall be governed by the laws of Australia without regard to its conflict of law provisions. You and TSC agree to submit to the personal and exclusive jurisdiction of the courts located within the country of Australia.

The failure of TSC to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of such right or provision. If any provision of the Terms of Use is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms of Use remain in full force and effect.


You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the Terms of Use must be filed within six (6) months after such claim or cause of action arose or be forever barred.

SUBSCRIBER'S WARRANTY:
Subscriber shall provide for all telephone lines, charges and other equipment necessary to access the TSC System.

TSC PRODUCT IS PROVIDED ON AN "AS IS, AS AVAILABLE" BASIS. NEITHER TSC NOR ITS SUPPLIERS MAKE ANY WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THOSE OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE TSC PRODUCT. WE FURTHER DISCLAIM ANY WARRANTY AS TO THE ACCURACY, COMPLETENESS AND TIMELINESS OF ANY CONTENT OR INFORMATION FOUND ON OUR SITE.

SUBSCRIBER WILL NOT REPRODUCE, SELL, PUBLISH OR IN ANY MANNER COMMERCIALLY EXPLOIT ANY INFORMATION OBTAINED THROUGH THE TSC PRODUCT OR PARTICIPATE IN OR ALLOW SUCH REPRODUCTION, SALE, PUBLICATION OR EXPLOITATION BY ANY PERSON, EXCEPT WITH THE EXPRESS WRITTEN CONSENT OF TSC.

SUBSCRIBER shall maintain confidentiality of its SUBSCRIBER password(s) at all times and take responsibility for its/their security.

This agreement is subject to credit approval at the discretion of TSC and is subject to the terms and conditions hereof.

YOUR OBLIGATIONS AND CONDUCT
In consideration of your use of the Service, you represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of Australia or other applicable jurisdiction. You also agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Service's registration form (such information being the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or TSC has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, TSC has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof). TSC is concerned about the safety and privacy of all its users, particularly children. For this reason, you must be at least 18 years old to create a TSC account.

You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. This means that you, and not TSC, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via the Service. TSC does not control the Content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Service, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will TSC be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Service.

You agree to not use the Service to upload, post, email, transmit or otherwise make available any Content that is unlawful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable. When submitting a review of a service company you have hired you must provide only factual information based on your personal experience, harm minors in any way, impersonate any person or entity, including, but not limited to, a TSC official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity, forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service, upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements), upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party, upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation, upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment, disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other users of the Service are able to type, or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges, interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service, intentionally or unintentionally violate any applicable local, state, national or international law, "stalk" or otherwise harass another, or collect or store personal data about other users.


You acknowledge that TSC may not pre-screen Content, but that TSC and its designees shall have the right (but not the obligation) in their sole discretion to refuse or move any Content that is available via the Service. Without limiting the foregoing, TSC and its designees shall have the right to remove any Content that violates the Terms of Use or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by TSC or submitted to TSC, including without limitation information in TSC Message Boards, and in all other parts of the Service.You acknowledge, consent and agree that TSC may access, preserve, and disclose your account information and Content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the Terms of Use; (c) respond to claims that any Content violates the rights of third-parties; (d) respond to your requests for customer service; or (e) protect the rights, property, or personal safety of TSC, its users and the public.You understand that the technical processing and transmission of the Service, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.You understand that the Service and software embodied within the Service may include security components that permit digital materials to be protected, and use of these materials is subject to usage rules set by TSC and/or content providers who provide content to the Service. You may not attempt to override or circumvent any of the usage rules embedded into the Service. Any unauthorized reproduction, publication, further distribution or public exhibition of the materials provided on the Service, in whole or in part, is strictly prohibited.

You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of the Service (including your TSC I.D.), use of the Service, or access to the Service.

You agree that, except as otherwise expressly provided in this Terms of Use, there shall be no third party beneficiaries to this Agreement.

OUR SPAM POLICY
Spam, or unsolicited commercial email, is a huge problem on the Internet - and we hate it just as much as you do. If you have reached this website as a result of any form of spam advertising, please keep reading - we can help make it stop.


Spammers often promote legitimate "anti-spam" sites like this one, in an attempt to receive affiliate or referral commissions for any sales that are generated. Unfortunately, all large websites on the Internet including Amazon.com, eBay.com, etc. have to deal with this problem.

Here at TSC we do not do any type of email advertising at all - the only emails we ever send are to our existing customers in response to their inquiries, etc. If you have received an unsolicited email promoting our site, chances are it was sent by an affiliate or partner.

Before promoting our website via email, all affiliates and partners are required to contact us and get approval. We make sure that they are only mailing to legitimate opt-in lists, and that their ads and mailings are fully compliant with the federal CanSpam Act of 2003.

Any affiliate that promotes our website via email without prior approval is instantly terminated.

We do not allow spamming, period. And we will do everything in our power and take every legal action available to us, in an attempt to put an end to this website being promoted via Spam. Our affiliate program manager, ClickBank, also has very strict anti-spam policies.

All of our affiliates are well aware of the fact that we do not tolerate spamming, but every now and then a bad apple comes along and insists on promoting our website in this matter. The way we handle this is very simple - they are immediately terminated from our network.

If you have any information about this website being promoted via Spam, especially an email that you have received, please contact us right away so we can take care of it. You can use our handy Contact Form or email us directly.

TSC'S PROPRIETARY RIGHTS
TSC and its suppliers shall remain the exclusive owner of all rights, title, and interest in the database and data licensed hereunder and all copyrights and renewals thereof, heretofore or hereafter secured therein.

All publication, dissemination and other rights of the database and the data licensed hereunder are reserved for TSC and its suppliers in all languages, formats and media throughout the world for the sole and exclusive use of any other disposition by TSC or its assignees or grantees at anytime and from time to time without obligation or liability to the SUBSCRIBER.

TSC reserves the right to exclude SUBSCRIBER from the database, without cause, and terminate all agreement with SUBSCRIBER.

DEALINGS WITH ADVERTISERS
Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that TSC shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Service.

BILLING AND PAYMENT AND REFUNDS:
SUBSCRIBER agrees to pay the one-time access fee to get a lifetime of unlimited use to the TSC System.
Affiliate payouts will only be forwarded once the membership fee of $25 has been paid by the affiliate in full.

The one-time fee is FULLY REFUNDABLE (minus any affiliate commissions) for a period of 30-days from the date of charge. Refund requests can be made via e-mail.
 
RESPONSIBILITY FOR USE AND LIMITATION OF LIABILITY:
SUBSCRIBER assumes sole responsibility for all use of the database and data.

THE DATABASE AND DATA ARE MADE AVAILABLE TO SUBSCRIBER ON A "AS IS, AS AVAILABLE" BASIS WITHOUT WARRANTY, EXPRESSED OR IMPLIED. TSC DISCLAIMS ANY WARRANTY THAT THE DATABASE IS ERROR-ERROR FREE OR THAT ACCESS to TSC System WILL BE UNITERRUPTED.

TSC representatives are not authorized to assist with the performance of professional work. If SUBSCRIBER requests and receives assistance from TSC personnel in researching any particular information, such assistance shall be at SUBSCRIBER's risk, and TSC shall not have responsibility or liability with respect thereto, TSC' full liability hereunder for any and all claims of damages, for any cause whatsoever, and regardless of the form of the actions, whether, in agreement or tort, including negligence, shall be limited to the fee paid or payable by SUBSCRIBER for access to and use of the database and data during the period any events which are the basis for any such claim(s) occur.

IN NO EVENT SHALL TSC BE LIABLE FOR ANY DAMAGES RESULTING FROM SUBSCRIBER'S INABILITY OR FAILURE TO PERFORM PROFESSIONAL WORK OR FOR ANY LOST PROFITS OR ANY OTHER CONSEQUENTIAL, EXEMPLARY OR SPECIAL DAMAGES RELATING IN WHOLE OR PART TO SUBSCRIBER'S RIGHTS UNDER THIS AGREEMENT, EVEN IF TSC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

CONSEQUENTIAL DAMAGES:
Neither party shall be liable to the other party for any indirect, special or consequential damages.

FORCE MAJEURE:
Neither party shall be responsible for delays or failures in performance resulting from acts beyond the control of such parties. Such acts shall include, but not be limited to, acts of God, strikes, lock-outs, riots, acts of war, epidemics, governmental regulations superimposed after the fact, fire, communication line failures, power failures, earthquakes or other disasters.

INDEMNITY
You agree to indemnify and hold TSC, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Content you submit, post, transmit or make available through the Service, your use of the Service, your connection to the Service, your violation of the Terms of Use, or your violation of any rights of another.



Earnings Disclaimer
EVERY EFFORT HAS BEEN MADE TO ACCURATELY REPRESENT THIS PRODUCT AND IT'S POTENTIAL. EVEN THOUGH THIS INDUSTRY IS ONE OF THE FEW WHERE ONE CAN WRITE THEIR OWN CHECK IN TERMS OF EARNINGS, THERE IS NO GUARANTEE THAT YOU WILL EARN ANY MONEY USING THE TECHNIQUES AND IDEAS IN THESE MATERIALS. EXAMPLES IN THESE MATERIALS ARE NOT TO BE INTERPRETED AS A PROMISE OR GUARANTEE OF EARNINGS. EARNING POTENTIAL IS ENTIRELY DEPENDENT ON THE PERSON USING OUR PRODUCT, IDEAS AND TECHNIQUES. WE DO NOT PURPORT THIS AS A “GET RICH SCHEME.”
ANY CLAIMS MADE OF ACTUAL EARNINGS OR EXAMPLES OF ACTUAL RESULTS CAN BE VERIFIED UPON REQUEST. YOUR LEVEL OF SUCCESS IN ATTAINING THE RESULTS CLAIMED IN OUR MATERIALS DEPENDS ON THE TIME YOU DEVOTE TO THE PROGRAM, IDEAS AND TECHNIQUES MENTIONED, YOUR FINANCES, KNOWLEDGE AND VARIOUS SKILLS. SINCE THESE FACTORS DIFFER ACCORDING TO INDIVIDUALS, WE CANNOT GUARANTEE YOUR SUCCESS OR INCOME LEVEL. NOR ARE WE RESPONSIBLE FOR ANY OF YOUR ACTIONS.
MATERIALS IN OUR PRODUCT AND OUR WEBSITE MAY CONTAIN INFORMATION THAT INCLUDES OR IS BASED UPON FORWARD-LOOKING STATEMENTS WITHIN THE MEANING OF THE SECURITIES LITIGATION REFORM ACT OF 1995. FORWARD-LOOKING STATEMENTS GIVE OUR EXPECTATIONS OR FORECASTS OF FUTURE EVENTS. YOU CAN IDENTIFY THESE STATEMENTS BY THE FACT THAT THEY DO NOT RELATE STRICTLY TO HISTORICAL OR CURRENT FACTS. THEY USE WORDS SUCH AS “ANTICIPATE,” “ESTIMATE,” “EXPECT,” “PROJECT,” “INTEND,” “PLAN,” “BELIEVE,” AND OTHER WORDS AND TERMS OF SIMILAR MEANING IN CONNECTION WITH A DESCRIPTION OF POTENTIAL EARNINGS OR FINANCIAL PERFORMANCE.
ANY AND ALL FORWARD LOOKING STATEMENTS HERE OR ON ANY OF OUR SALES MATERIAL ARE INTENDED TO EXPRESS OUR OPINION OF EARNINGS POTENTIAL. MANY FACTORS WILL BE IMPORTANT IN DETERMINING YOUR ACTUAL RESULTS AND NO GUARANTEES ARE MADE THAT YOU WILL ACHIEVE RESULTS SIMILAR TO OURS OR ANYBODY ELSES, IN FACT NO GUARANTEES ARE MADE THAT YOU WILL ACHIEVE ANY RESULTS FROM OUR IDEAS AND TECHNIQUES IN OUR MATERIAL.

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