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Terms of Service for Premium & Enterprise Users 1. ACCEPTANCE OF TERMS Welcome to my3q.com. Our site provides its service to you, subject to the following Terms of Service ("TOS"), which may be updated by us from time to time without notice to you. You can review the most current version of the TOS at any time at: http://www.my3q.com/info/term_commercial_users.phtml. 2. DESCRIPTION OF SERVICE my3q.com currently provides users with access to a on-line questionnaire system (the "Service"). Unless explicitly stated otherwise, any enhancement or augmentation of the current Service, will subject to the TOS. You understand and agree that the Service is provided "AS-IS". 3. YOUR REGISTRATION OBLIGATIONS In consideration of your use of the Service, you agree to provide timely, true, accurate, and complete information about yourself (such information being the "Registration Data") and update the Registration Data to keep it timely, true, accurate, and complete. My3q has the right to terminate your account and refuse all current or future use of the Service (or any portion thereof) if there is any deviation from previous terms. My3q is concerned about the safety and privacy of all its users, particularly children. For this reason, parents of children under the age of 11 who wish to allow their children access to the Service must create a my3q.com under your name, you certify that you are at least 18 years old and that you are the legal guardian of the child/children whoever will use the account in your name. Please remember that the Service is designed to appeal to a broad cross-section of Internet community. Accordingly, as the legal guardian, it is your responsibility to determine whether any of the Services and are appropriate for your child. 4. MY3Q.COM PRIVACY POLICY Registration Data and certain other information about you is subject to our Privacy Policy. For more information, see our full privacy policy at 'http://www.my3q.com/misc/info/privacyPolicy.phtml'. 5. MEMBER ACCOUNT, PASSWORD AND SECURITY You will receive a account login id and password after completing the Service's registration process. You are responsible for making sure the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You agree to notify my3q.com of any unauthorized use of your password or account or any other breach of security immediately, and ensure that you exit from your account at the end of each connection to my3q.com. my3q.com cannot and will not be liable for any loss or damage arising from your failure to comply with this Section 5. 6. MEMBER CONDUCT You must agree that all data, information, text, software, music, sound, photographs, graphics, video, messages, digital material or other materials ("Content"), whether publicly, privately posted, are the sole responsibility of the person from which such Content originated. my3q.com does not control the Content posted via the Service and, as such, does not guarantee the timeliness, accuracy, completeness, integrity or quality of such Content. You understand that by using the Service, you may be exposed to Content that is offensive, indecent or displeasing. You agree to not use the Service to: 1. upload, post, email, transmit or otherwise make available any Content that is unlawful locally or in Hong Kong, questionable, unethical, controversial in local community or Hong Kong community, 2. hurt minors in any way; 3. impersonate any person or entity 4. forge headers or identifiers in order to disguise the origin of any Content transmitted through the Service; 5. 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. 6. 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; 7. 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. 8. 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; 9. 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; 10. intentionally or unintentionally violate any applicable local, state, national or international law, including, 11. "stalk" or otherwise harass another; or 12. collect or store personal data about other users. You acknowledge that my3q.com does not pre-screen Content, but that my3q.com and authorized person shall have the absolute right (but not the obligation) in their sole discretion to refuse or move any Content that is available via the Service. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the timeliness, accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by my3q.com or submitted to my3q.com. You acknowledge and agree that my3q.com may preserve Content and may also disclose Content if required by authorized person or in the good faith belief that such preservation or disclosure is reasonably necessary to comply with legal process, enforce the TOS, respond to claims that any Content violates the rights of third-parties or protect the rights, property, or personal safety of my3q.com, its users and the public. 7. SPECIAL ADMONITIONS FOR INTERNATIONAL USE You must agree to comply with all local rules of your country of residency regarding online conduct and acceptable content. You must also agree to comply with all applicable Hong Kong laws and the laws of the country in which you reside. 8. INDEMNITY You agree to indemnity my3q.com reasonable legal fees regarding any legal proceedings 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 TOS, or your violation of any rights of another. You also agree to hold my3q.com, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand 9. COMMERCIAL USE You can use your user account for commercial purpose or commercial operations that comply with all applicable Hong Kong laws and the laws of the country in which you reside. However, you must fully pay my3q.com for the price stated during registration or upgrade processes. 10. GENERAL PRACTICES REGARDING USE AND STORAGE You acknowledge that my3q.com may establish general practices and limits concerning use of the Service, including without limitation the maximum number of questionnaires, message board postings or other uploaded Content will be retained by the Service, the maximum number of respondents that may be received by an account on the Service, the maximum size of any email message that may be sent from or received by an account on the Service, the maximum disk space that will be allotted on my3q.com's servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access the Service in a given period of time. You agree that my3q.com has no responsibility or liability for the deletion or failure to store any messages and other communications or other Content maintained or transmitted by the Service. You acknowledge that my3q.com reserves the right to log off accounts that are inactive for an extended period of time. You further acknowledge that my3q.com reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice. 11. MODIFICATIONS TO SERVICE my3q.com reserves the right at any time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that my3q.com shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service. 12. TERMINATION You agree that my3q.com, may terminate your password, account (or any part thereof) or use of the Service, and remove and discard any Content within the Service, for any reason, including, without limitation, for lack of use or if my3q.com believes that you have violated or acted inconsistently with the letter or spirit of the TOS. You agree that any termination of your access to the Service under any provision of this TOS may be effected without prior notice, and acknowledge and agree that my3q.com may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Service. Further, you agree that my3q.com shall not be liable to you or any third-party for any termination of your access to the Service. 13. LINKS The Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because my3q.com has no control over such sites and resources, you acknowledge and agree that my3q.com is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that my3q.com shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource. 14. MY3Q.COM'S PROPRIETARY RIGHTS You understand and agree that the Service and any necessary software used in connection with the Service ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in sponsor advertisements or information presented to you through the Service or advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by my3q.com or advertisers, you agree not to lease, loan, sell, modify, rent, distribute or create derivative works based on the Service or the Software, in whole or in part. my3q.com grants you a personal, non-transferable and non-exclusive right and license to use the object code of its Software on a single computer; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. You agree not to modify the Software in any manner or form, or to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Service. You agree not to access the Service by any means other than through the interface that is provided by my3q.com for use in accessing the Service. 15. DISCLAIMER OF WARRANTIES YOU EXPRESSLY UNDERSTAND AND AGREE THAT: a. YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. MY3Q.COM EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. b. MY3Q.COM MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (v) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED. c. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. d. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM MY3Q.COM OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS. 16. LIMITATION OF LIABILITY YOU EXPRESSLY UNDERSTAND AND AGREE THAT MY3Q.COM SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF MY3Q.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE. 17. LIMITATIONS OF DAMAGES (a) MY3Q.COM SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF RFORM OR ITS REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. (b) MY3Q.COM'S TOTAL LIABILITY TO YOU FOR ACTUAL DAMAGES FOR ANY CAUSE WHATSOEVER WILL BE LIMITED TO THE GREATER OF $500 U.S. OR THE AMOUNT PAID BY YOU FOR THE SOFTWARE THAT CAUSED SUCH DAMAGE. (c) To the extent provided by applicable law, the foregoing limitations of damages do not apply to damages for personal injury to you, if any. 18. EXCLUSIONS AND LIMITATIONS SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 16 AND 17 MAY NOT APPLY TO YOU. 19. BASIS OF ECONOMIC PRICE The limited warranty, exclusive remedies and limited liability set forth above are fundamental elements of the basis of the agreement between my3q.com and you. My3q.com would not be able to provide the service on an economic basis without such limitations. 20. VALIDITY If any of this agreement is held by a court of competent jurisdiction to be invalid or unenforceable, then this Agreement, including all of the remaining terms, will remain in full force and effect as if such invalid or unenforceable term had never been included. 21. GENERAL INFORMATION The TOS constitute the entire agreement between you and my3q.com and govern your use of the Service, superceding any prior agreements between you and my3q.com. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content or third-party software. The TOS and the relationship between you and my3q.com shall be governed by the laws of the Hong Kong. You and my3q.com agree to submit to the personal and exclusive jurisdiction of the courts located within Hong Kong. The failure of my3q.com to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. 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 TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in the TOS are for convenience only and have no legal or contractual effect. 22. VIOLATIONS, QUESTIONS AND SUGGESTIONS Please report any violations of the TOS to our webmaster-webmaster@rform.com.

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