FMS provides an online platform and related services (“Services”) that connects users looking to survey information from other users. Users being surveyed are paid in accordance to payment terms created by the creating user. We may make such Services available internationally via one or more of our websites, our mobile applications and/or associated services (collectively, the “Site”).
While some of the events listed on the Site may appeal to children, the Site is not targeted at children under the age of 18, and they are not permitted to use the Site. We strongly encourage all parents and guardians to monitor the Internet use by their children. If you use the Site, you affirm you are at least 18 years old.
We may make changes to these Terms at any time. Any changes we make will be effective immediately when we post a revised version of these Terms on the Site. The "Last Updated" date above will tell you when these Terms were last revised. By continuing to use this Site after that date, you agree to the changes.
1. Survey marketplace
FMS is a survey marketplace that allows registered users to create (in this capacity, "Creator") and Take (in this capacity, “Taker”) surveys (collectively “Users”). Users (and not Company) sets the prices for the Surveys based on the requested tier of information. As a marketplace, Users create the Surveys on this Site and Users take the Surveys on this site.
2. Information Disclaimer
WE DON’T GUARANTEE THE ACCURACY OF ANY INFORMATION OR SURVEY GIVEN OR RECEIVED ON THIS WEBSITE.
3. Account Registration
You may not browse the Site without registering for an account. You will be required to register for an account to use certain features of the Site, such as taking or creating a survey. Your account username may not include the name of another person with the intent to impersonate that person, or be offensive, vulgar or obscene. Your account username and password are personal to you. You will be responsible for the confidentiality and use of your username and password, and for all activities (including purchases) that are conducted through your account. You may not transfer or sell access to your account. We will not be liable for any harm related to disclosure of your username or password or the use by anyone else of your username or password. You may not use another user's account without that user's permission. You will immediately notify us in writing if you discover any unauthorized use of your account or other account-related security breach. We may require you to change your username and/or password if we believe your account is no longer secure or if we receive a complaint that your username violates someone else's rights. You will have no ownership in your account or your username. We may refuse registration, cancel an account or deny access to the Site for any reason.
4. Tiers of Information
When creating an account users may elect to give certain information pertaining to their demographic (Gender, Location, Age, Race, Religion etc.). This information does not have to be given. You may have to offer such information in order to be paid by a survey creator. You are wholly liable for giving this information and waive any claim related to giving this information away.
5. Making Purchases
You will pay all charges incurred by you or any users of your account and credit card (or other applicable payment mechanism) at the price(s) in effect when such charges are incurred, including any applicable taxes. You may only use credit or debit cards, gift cards or vouchers that belong to you or to people who expressly authorize you to use such payment methods. You may not attempt to conceal your identity by using multiple Internet Protocol addresses or email addresses, or by any other means, to conduct transactions on the Site. You will not hold us liable if you do not comply with laws related to your transactions. We may provide law enforcement with information you provide to us related to your transactions to assist in any investigation or prosecution of you. If we are unable to verify or authenticate any information, or if we are no longer able to verify or authorize your credit card or bank account information, your survey may be cancelled, we may refuse to honor all pending and future surveys made or taking with those credit card or bank accounts and/or via any online accounts associated with those credit card or bank accounts. We may also prohibit you from using the Site.
Users may elect to pay for a paid membership. These memberships may offer varying features for varying rates. The company changes these features at the end of each pay period. Each membership is a monthly obligation. At the end of each month, you agree to renew such obligation until you choose to cancel it.
7. Private vs Public (Database)
Creating Users may elect to keep any survey they create as private or public. If the users elects private, then certain fees shall apply.
The Service Fees include any applicable sales, use, excise, value added, service and other indirect taxes. Any price however does not include the applicable conversion rate or country specific tax which may apply when using Services.
Payments received from Users for Surveys completed via the Site are processed by FMS or FMS Services (as applicable) on behalf of the creating User and credited to the Receiving User in accordance with these Policies and Payment Services Agreement (as applicable). Without prejudice or limitation to the Payment Services Agreement, Users appoint the relevant FMS entity as its limited payment collection agent solely for the purpose of accepting funds. Users agree that any payment made to FMS shall be considered the same as a payment made directly to User. User understands that Company’s obligation to pay Users is subject to and conditional upon successful receipt of the associated payments from each creating user.
Payments from creating users are due and payable immediately. A users can pay the full order amount which includes any applicable Service Fees and taxes using one of the accepted payment methods.
Creating an account and accessing the Services are free. However, we charge fees when you create surveys. These fees may vary based on the number of individuals, the tier of information requested, and whether or not the user wishes to have a public or private survey. In addition, certain fees are charged by Company for posting content.
FMS does not control (and thus cannot disclose) fees levied by your bank and/or credit card company, including fees for purchasing tickets and registrations in foreign currencies or from foreign persons. Be sure to check with your bank or Credit Card Company prior to engaging in a transaction to understand all applicable fees, credit card surcharges and currency conversion rates.
FMS does not issue refunds. All sales are final.
12. International Transactions
Many of our Services are accessible to international Sellers and Buyers. We may offer certain programs, tools, and site experiences of particular interest to international Sellers and Buyers, such as estimated local currency conversion. Additionally, to assist users who speak different languages, you authorize us to translate (or use tools to translate) your content related to your Ticket listing, in whole or in part, into local languages where such translation solutions are available. The accuracy and availability of any translation are not guaranteed.
13. Privacy and Communications
14. Code of Conduct
We will have the right (but not the obligation) to monitor the Site, User Content, and to disclose any User Content and the circumstances surrounding its submission in order to operate the Site properly, or to protect ourselves, our sponsors and our users, or to comply with legal obligations or governmental requests.
If we are notified that your User Content does not comply with these Terms, we may investigate the allegation and may decide to remove your User Content and cancel your account. We may also hold you liable for any User Content that infringes the rights of a third party, and require you to pay or reimburse us for any amounts we believe are necessary to resolve any complaint.
You agree that you will comply with all applicable laws, rules and regulations, and that you will not:
a) Restrict or inhibit any other person from using the Site;
b) Use the Site for any unlawful purpose;
c) Express or imply that any statements you make are endorsed by us, without our prior written consent;
d) Impersonate any person or entity, whether actual or fictitious, including any employee or representative of our company;
e) Submit (a) any content or information that is unlawful, fraudulent, libelous, defamatory, or otherwise objectionable, or infringes our or any third party's intellectual property or other rights; (b) any non-public information about companies without authorization; or (c) any advertisements, solicitations, chain letters, pyramid schemes, surveys, contests, investment opportunities or other unsolicited commercial communication;
f) Submit, or provide links to, any postings containing material that could be considered harmful, obscene, pornographic, sexually explicit, indecent, lewd, violent, abusive, profane, insulting, threatening, harassing, hateful or otherwise objectionable, includes the image or likeness of individuals under 18 years of age, encourages or otherwise depicts or glamorizes drug use (including alcohol and cigarettes), characterizes violence as acceptable, glamorous or desirable, or contains any personal contact information or other personal information identifying any third party;
g) Submit, or provide links to, any postings containing material that harasses, victimizes, degrades, or intimidates an individual or group of individuals on the basis of religion, race, ethnicity, sexual orientation, gender, age, or disability;
h) Engage in spamming or flooding;
i) Harvest or collect information about Site users;
j) Order, or attempt to order, a number of tickets for an event that exceeds the stated limit for that event;
k) Use any password or code to participate in a presale or other offer on the Site if you did not receive the password or code from us or if you violate the terms of the presale or offer; or
l) Use surveys to solicit personal information from users.
15. Claims of Copyright Infringement on the Site
Under the Digital Millennium Copyright Act of 1998 (the "DMCA") if you believe in good faith that any content on the Site infringes your copyright, you may send us a notice requesting that the content be removed. The notice must include: (a) your (or your agent's) physical or electronic signature; (b) identification of the copyrighted work on our Site that is claimed to have been infringed (or a representative list if multiple copyrighted works are included in one notification); (c) identification of the content that is claimed to be infringing or the subject of infringing activity, including information reasonably sufficient to allow us to locate the content on the Site; (d) your name, address, telephone number and email address (if available); (e) a statement that you have a good faith belief that use of the content in the manner complained of is not authorized by you or your agent or the law; and (f) a statement that the information in the notification is accurate and, under penalty of perjury, that you or your agent is authorized to act on behalf of the copyright owner. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, you may send us a counter-notice. You may read more information about the DMCA at http://www.loc.gov/copyright.
17. Age Restriction
This site is not intended for individuals under 18 years of age. We cannot prohibit minors from visiting our Site, and must rely on parents and guardians to decide what materials are appropriate for children to view and purchase.
18. Access from Outside the United States
We may limit the availability of the Site or any service or product described on the Site to any person or geographic area at any time. If you choose to access the Site from outside the United States, you do so at your own risk.
19. Mobile Device Application
If you install or use our mobile application, software and services, including any accompanying documentation (collectively, "App"), we grant you a limited right to install and use the App on a single authorized device located in the United States and its territories or in another country where we may offer the App. You may use the App for your personal, non-commercial and entertainment purposes only. We do not grant you any rights to any related documentation, support, upgrades, maintenance or other enhancements to the App. We will not provide you with any device, internet access or wireless connection to use the App. We are not responsible for any interaction between you and another App user, or information you transmit through the App (including your location).
20. Violation of these Terms
We may investigate any violation of these Terms, including unauthorized use of the Site. We may provide law enforcement with information you provide to us related to your transactions to assist in any investigation or prosecution of you. We may take legal action that we feel is appropriate. You agree that monetary damages may not provide us a sufficient remedy and that we may pursue injunctive or other relief for your violation of these Terms. If we determine that you have violated these Terms or the law, or for any other reason or for no reason, we may cancel your account, delete all your User Content and prevent you from accessing the Site at any time without notice to you. If that happens, you may no longer use the Site or any Content. You agree that your abusive use of the Site may cause damage and harm to us, including impaired goodwill, lost sales and increased expenses. You also agree that monetary damages for your abusive use of the Site.
You will still be bound by your obligations under these Terms. You agree that we will not be liable to you or any third party for termination of your access to the Site or to your account or any related information, and we will not be required to make the Site or your account or any related information available to you.
21. Disclaimer of Warranties
WE PROVIDE THE SITE AND THE CONTENT TO YOU "AS IS" AND "AS AVAILABLE". WE TRY TO KEEP THE SITE UP, BUG-FREE AND SAFE, BUT YOU USE IT AT YOUR OWN RISK. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, AND TO THE EXTENT THAT APPLICABLE LAW PERMITS THE DISCLAIMER OF EXPRESS OR IMPLIED WARRANTIES, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF TITLE, NON-INFRINGEMENT, ACCURACY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING OR COURSE OF PERFORMANCE OR USAGE OF TRADE. WE DO NOT GUARANTEE THAT THE SITE WILL ALWAYS BE SAFE, SECURE OR ERROR-FREE OR THAT THE SITE WILL ALWAYS FUNCTION WITHOUT DISRUPTIONS, DELAYS OR IMPERFECTIONS. WE ARE NOT RESPONSIBLE FOR THE ACTIONS OR INFORMATION OF THIRD PARTIES, AND YOU RELEASE US FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES.
22. Limitation of Liability
IN NO EVENT WILL WE OR OUR ADVERTISERS OR SPONSORS, BE RESPONSIBLE OR LIABLE TO YOU OR ANYONE ELSE FOR, AND YOU HEREBY KNOWINGLY AND EXPRESSLY WAIVE ALL RIGHTS TO SEEK, DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OF ANY TYPE OTHER THAN OUT OF POCKET EXPENSES, AND ANY RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED, ARISING OUT OF OR IN CONNECTION WITH THE SITE, THE CONTENT, OR ANY PRODUCT OR SERVICE PURCHASED THROUGH THE SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF WHETHER THE CLAIM IS BASED UPON ANY CONTRACT, TORT, OR OTHER LEGAL OR EQUITABLE THEORY.
WITHOUT LIMITING THE FOREGOING, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT WE WILL HAVE NO LIABILITY OR RESPONSIBILITY WHATSOEVER FOR (a) ANY FAILURE OF ANOTHER USER OF THE SITE TO CONFORM TO THE CODES OF CONDUCT, (b) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, WHETHER ARISING IN CONTRACT OR IN TORT, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SITE, (c) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (d) ANY BUGS, VIRUSES, WORMS, TROJAN HORSES, DEFECTS, DATE BOMBS, TIME BOMBS OR OTHER ITEMS OF A DESTRUCTIVE NATURE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SITE, OR (e) ANY ERRORS, MISTAKES, INACCURACIES OR OMISSIONS IN ANY CONTENT. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE SITE IS TO STOP USING THE SITE.
OUR AGGREGATE LIABILITY ARISING OUT OF THESE TERMS OR THE USE OF THE SITE WILL NOT EXCEED THE GREATER OF ONE HUNDRED DOLLARS ($100) OR THE AMOUNT YOU HAVE PAID US IN THE PAST TWELVE MONTHS. IN NO EVENT WILL ATTORNEYS' FEES BE AWARDED OR RECOVERABLE. OUR LIABILITY WILL BE LIMITED UNDER THIS PARAGRAPH TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, AND THE PROVISIONS OF THIS PARAGRAPH WILL NOT APPLY TO THE EXTENT APPLICABLE LAW PERMITS THE RECOVERY OF DAMAGES, ATTORNEYS’ FEES OR COSTS OTHERWISE PROHIBITED UNDER THIS PARAGRAPH.
23. Governing Law and Jurisdiction
Any claim, dispute or matter arising under or in connection with these Terms and Conditions shall be governed and construed according to the laws of the State of Washington.
If you reside in the United States, you agree to resolve your disputes with FMS as specified herein. If you reside anywhere else in the world: if you are registered as a business you agree to submit to the exclusive jurisdiction, and if you are a consumer you submit to the non-exclusive jurisdiction, of the courts of the State of Washington. This means that you as a consumer have the right to bring an action either in the State of Washington (United States) or at your place of residence. FMS may only initiate legal proceedings against consumers before the courts in their place of residence.
For consumers resident in the EU, please note that the mandatory consumer protection provisions of the law of the member state in which you reside will also apply.
If you are a consumer residing in the European Union, please note that we do not (and are not legally obliged to) participate in any alternative dispute resolution (ADR) procedures or services, unless otherwise (i) specified in the country-specific additional provisions below, and/or (ii) provided by law.
25. Legal Disputes
If you reside in the United States or Canada, You and FMS each agree, except where prohibited by law, that any and all disputes or claims that have arisen or may arise between you and FMSr elating in any way to or arising out of this or previous versions of the Terms and Conditions (including this Agreement to Arbitrate, as the term is defined below) or the breach or validity thereof, your use of or access to the Site or Services, shall be resolved exclusively through final and binding arbitration administered by the American Arbitration Association (“AAA’). This Agreement to Arbitrate is intended to be broadly interpreted. The Federal Arbitration Act governs the interpretation and enforcement of this Agreement to Arbitrate.
26. Arbitration Procedures
All issues are for the arbitrator to decide, except that issues relating to arbitration, the scope or enforceability of this Agreement to Arbitrate, or the interpretation of this Agreement to Arbitrate, shall be for a court of competent jurisdiction to decide.
The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any dispute arising out of or relating to the interpretation, applicability, enforceability or formation of this Agreement to Arbitrate, any part of it, or of the Terms and Conditions including, but not limited to, any claim that all or any part of this Agreement to Arbitrate or the Terms and Conditions is void or voidable.
The arbitration will be conducted by the AAA under the Rules, as modified by this Agreement to Arbitrate. The Rules are available at www.adr.org or by calling the AAA at 1-800-778-7879. The language of the arbitration shall be English.
If you and FMS are unable to resolve the claims described in the Notice within 30 days after the Notice is sent, you or FMS may initiate arbitration proceedings pursuant to the Rules. A form for initiating arbitration proceedings is available on the AAA's website at www.adr.org. In addition to filing this form with the AAA in accordance with its rules and procedures, the party initiating the arbitration must mail a copy of the completed form to the opposing party.
Any settlement offer made by you or FMS shall not be disclosed to the arbitrator. The arbitration shall be held in the county in which you reside or at another mutually agreed location. In cases where an in-person hearing is held, you and/or FMS may attend by telephone, unless the arbitrator requires otherwise.
The arbitrator will decide the substance of all claims in accordance with the laws of the State of Washington, including recognized principles of equity, and will honor all claims of privilege recognized by law. The arbitrator's award shall be final and binding, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.
27. Costs of Arbitration
Payment of all filing, administration, and arbitrator fees will be governed by the Rules, unless otherwise stated in this Agreement to Arbitrate. Any request for payment of fees by FMS should be submitted by mail to the AAA along with your Demand for Arbitration and FMS will make arrangements to pay all necessary fees directly to the AAA.
28. Future Amendments to the Agreement to Arbitrate
Notwithstanding any provision in the Terms and Conditions to the contrary, you and FMS agree that if we make any amendment to this Agreement to Arbitrate (other than a change to any notice address or website link provided herein) in the future, that amendment shall not apply to any claim that was filed in a legal proceeding between you and FMS prior to the effective date of the change. The amendment shall apply to all other disputes or claims governed by the Agreement to arbitrate that have arisen or may arise between you and Company. We will notify you of amendments to this Agreement to arbitrate by posting the amended terms at least thirty (30) days before the effective date of the amendments and by sending notice via email to your email address on file with us. If you do not agree to the amended terms, you may close your account within the thirty (30) day period and you will not be bound by the amended terms.
29. Outside of the United States or Canada
If you reside outside of the United States or Canada and a dispute arises between you and Company, we strongly encourage you to first contact us directly to seek a resolution by contacting Customer Service. For the avoidance of doubt, if you are a consumer residing in the European Union, please note that we do not (and are not legally obliged to) participate in any ADR procedures or services, unless otherwise (i) specified in the country-specific additional provisions below, and/or (ii) provided by law.
30. Release and Indemnification
To the fullest extent permitted by law, you release and covenant not to sue Company, its affiliated companies, and our and their respective officers, directors, agents, joint ventures, employees, legal representatives, and suppliers from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with disputes between users. In entering into this release you expressly waive any protections that would otherwise limit the coverage of this release to include only those claims, which you may know or suspect to exist in your favor at the time of agreeing to this release.
You agree to indemnify and hold us and (if applicable) our parent, subsidiaries, affiliates, and our and their respective officers, directors, attorneys, agents, employees, licensors and suppliers (the "FMS Indemnitees") harmless against any claim or demand and all liabilities, costs and expenses (including reasonable attorneys' fees) incurred by us and (if applicable) any FMS Indemnitee resulting from or arising out of your breach of these Terms and Conditions, your improper use of our Site or Services, and/or your violation of any law or the rights of a third party.
31. Applicable To Consumers Resident in Certain Other Countries
Please see the appendices to these Terms and Conditions for any provisions that may apply to you in addition to or in place of certain provisions of these Terms and Conditions if you are resident in a particular country. The provisions of the country appendices will take precedence over the provisions of these Terms and Conditions and the Additional Policies, to the extent there is a conflict.
The subject heading at the beginning of each paragraph of these Terms and Conditions is for reference purposes only and in no way defines, limits, construes or describes the scope or extent of such paragraph. The following sections survive any termination of these Terms and Conditions: Contracting entity, fees and other charges, taxes, payments, abusing Company, content, liability, applicable laws, release and indemnification, additional provisions applicable to US residents and events in the USA, general provisions.
33. Opt Out
You have the right to opt out and not be bound by the arbitration or class action waiver provisions set forth above by sending (from the email address we associate with you as a User) written notice of your decision to opt-out to Help@FastMoneySurvey.com, with the subject line, "ARBITRATION AND CLASS ACTION WAIVER OPT-OUT." The notice must be sent within thirty (30) days of your first use of the Services or your agreement to these Terms (whichever is later); otherwise, you will be bound to arbitrate disputes in accordance with the terms of those paragraphs. Note that if you opt out of these arbitration provisions, FMS also will not be bound by them.
Notices to you may be sent via email or regular mail to the address in Company's records. The Services may also provide notices of changes to these Terms or other matters by displaying notices or links to notices to you generally on the Services. If you wish to contact FMS or deliver any notice, you can do so via email Help@FastMoneySurvey.com.
35. Modifications to the Terms or Services
FMS reserves the right to modify these Terms from time to time (collectively, "Modifications"). If we believe the Modifications are material, we will inform you about them by doing one (or more) of the following (a) posting the changes through the Services; (b) updating the "Updated" date at the top of this page; or (c) sending you an email or message about the Modifications.
You are responsible for reviewing and becoming familiar with any Modifications. Your continued use of the Services following Modifications constitutes your acceptance of those Modifications and the updated Terms. FMS is constantly evolving our products and services to better meet the needs of our Users. Because of this, we cannot guarantee the availability of certain product features or functionality. FMS reserves the right modify, replace or discontinue any part of the Services or the entire Service.
We may, without your consent or approval, freely assign these Terms and our rights and obligations under these Terms whether to an affiliate or to another entity in connection with a business sale or merger.
If an arbitrator or court decides that any part of this Agreement is invalid or unenforceable, the other parts of this Agreement shall still apply. If a court decides that applicable law precludes enforcement of any of the provisions as to a particular claim for relief, then subject to your and Company’s right to appeal the court’s decision, that claim (and only that claim) must be severed from the arbitration and litigated in in court. All other claims and disputes subject to arbitration under this Agreement to Arbitrate, including any and all claims for monetary damages of any kind, shall be arbitrated.
38. Entire Agreement
Except as otherwise set forth herein, these Terms constitute the entire agreement between you and FMS and govern your use of the Services, superseding any prior or contemporaneous agreements, proposals, discussions or communications between you and FMS on the subject matter hereof, other than any written agreement for Services between you and an authorized officer of FMS relating to a specified event or events.
If you have any questions, comments or complaints regarding these Terms or the Site, please contact us at: