email ethics survey Terms and conditions
Last Modified: April 17, 2017
Thank you for your interest in participating in Winnieware LLC's ("Company", "we" or "us") Email Ethics Survey (the "Survey"). The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, these "Terms and Conditions"), govern your participation in the Survey.
We may revise and update these Terms of Conditions from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all participation in the Survey thereafter. However, any changes to the dispute resolution provisions set forth in Governing Law and Jurisdiction will not apply to any disputes for which the parties have actual notice prior to the date the change is posted on the Website.
Participation in the Survey
The Survey is offered and available to users who are:
- 18 years of age or older,
- Attorneys qualified to practice law in at least one United States jurisdiction or law students who have passed the Multistate Professional Responsibility Examination, and
- Residents of the United States and not subject to any foreign laws which would prohibit or restrict their participation in the Survey, including with respect to Donations.
By using this Website, you represent and warrant that you are of legal age to form a binding contract with Winnieware LLC and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not participate in the Survey.
Survey Description and intellectual property Ownership
Winnieware LLC is conducting the Survey in order order to better understand the knowledge and attitudes of lawyers toward certain ethical and professional issues in the legal industry. The Survey does not contain any express or implied statement of law or purport to offer any legal advice. All content and materials used in the Survey are subject to intellectual property rights owned or licensed by Winnieware LLC. You do not obtain any intellectual property rights to the questions asked in the Survey, responses to the Survey, or any documents, writings, or work products derived from the questions in or results of the Survey by accessing or completing the Survey.
For the first 500 participants, each time a participant completes the Survey in accordance with these Terms and Conditions, a charitable donation will be made by Winnieware LLC (a "Donation"). The amount of the Donation for completing a given survey will usually be $0.50 USD, but we may specify a different amount, or no amount at all, at the time you are presented with that survey.
You may be asked to select your choice of which charity will receive the Donation arising from your participation. Winnieware LLC will make reasonable efforts to make the donation to your selected charity, but may select another charity at its discretion if in its sole opinion it is unfeasible or undesirable to make the donation to the selected charity. If you do not select a charity, we will determine which charitable organization will receive the donation at our sole discretion.
Except as required under applicable law, Winnieware LLC is not under any obligation to make available to you information, records, or confirmations relating to Donations it makes in connection with the Survey.
One Completed Survey Per Person
You may only complete the Survey one time. If we have determine in our sole judgment that you have completed the Survey more than once, we will not make donations accrued from your completion of the Survey.
Good Faith Participation
You may choose whether or not to answer the Survey at your discretion. However, you agree that if you do decide to participate in the Survey, you will complete it in good faith and to the best of your abilities. This undertaking includes the following: (a) you must complete the Survey truthfully and carefully; (b) you must personally answer surveys made available to you; and (c) you must not provide false or misleading data in your survey responses, including responses that are inconsistent with prior responses or statistically improbable (as determined by us in our sole discretion).
Privacy and confidentiality
IN NO EVENT WILL WINNIEWARE LLC, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR PARTICIPATION IN THE SURVEY OR THE PUBLICATION, DISTRIBUTION, OR ANALYSIS OF THE RESULTS OF THE SURVEY, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Governing Law and Jurisdiction
All matters relating to the Survey and these Terms and Conditions and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of New York without giving effect to any choice or conflict of law provision or rule (whether of the State of New York or any other jurisdiction).
Any legal suit, action or proceeding arising out of, or related to, these Terms and Conditions or the Survey shall be instituted exclusively in the federal courts of the United States or the courts of the State of New York in each case located in the City of New York and County of New York, although we retain the right to bring any suit, action or proceeding against you for breach of these Terms and Conditions in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.