Inc. ("we" or "Surveyetc") provide and maintain an Internet Web site (the
"Site") for the benefit of users of our services ("you" or "User"). On our Site
we provide hosted tools and processes to allow you to create individualized
surveys, obtain survey results, use related services, and, if subscribed,
applications using text messaging via a mobile telephone number (SMS)
(collectively and as applicable, "Services").
Services and use of the Site are provided to you subject to the terms and
Policy, and any other rules and policies set forth on this Site. The
terms and conditions below and any other rules or policies set forth on this
Site comprise the entire agreement between you and Surveyetc.com and supersede
all prior agreements between us.
ACKNOWLEDGMENT AND ACCEPTANCE
READ THE FOLLOWING TERMS OF THIS AGREEMENT CAREFULLY. BY COMPLETING THE
REGISTRATION PROCESS, YOU ACCEPT AND AGREE TO ALL OF THE TERMS AND CONDITIONS
THAT YOU ARE 18 YEARS OF AGE OR OLDER.
with our Anti-Spam policy. Please see Section 7 below.
use of the Services only. Please see Section 8 below.
and maintenance of all content in the account including but not limited to
survey content, email/SMS content, address books and current billing and
phone number list and Address Book maintenance including opt-out contact
information and immediate removal of opt-outs and bounces from email/mobile
phone number lists and the address book.
of all agreed subscription fees.
responsibility for all activity associated with your use of our Site and
the right to deactivate your account(s) as we deem appropriate or necessary,
without notice. You enter and use the Site and the Services at your own risk.
Surveyetc.com is not responsible for your activities, surveys, content, results
or questions from respondents, other data, or any other matter concerning your
use of the Site or the Services. We recommend that you keep track of your survey
results and other data in your own personal records, as we reserve the right to
discontinue your account(s) or terminate the Services at any time. We are not
responsible for the deletion of any data that is in or has been added to your
account(s). If a User account remains inactive for a period of 18 months, we
will deactivate the account.
acknowledge and agree that we may, with or without notice, modify or terminate
time to time, including the fees we charge for Services. Modifications of the
Service may include, without limitation, changes in the maximum allowable memory
space, number of entries allowed in the Email/SMS List Manager, number of survey
respondents, number of surveys, and number of survey questions that may be
created, saved, sent or used through the Site (collectively,
notify you of changes we make by posting a notice on our Site, or, if we choose,
by sending you an email. If you do not accept the changes, you must terminate
your subscription or other use at that time. Your use of the Site or the
Services after the notice is posted (or we send you the email) shall be deemed
to be acceptance of the modification or termination of the Services or these
PAYMENT TERMS; AUTOMATIC RENEWAL; CANCELLATION.
to pay, and we will automatically charge, all account fees, including any usage
that exceeds the Thresholds at the rates posted, and including any applicable
taxes, at the rates in effect when the fees are incurred. We may change the fees
then in effect, or add new fees, by giving Users advance notice. You must
provide us with proper billing
information, and must promptly update the Account Information page in
Surveyetc.com with any changes in credit card validity, expiration date or
invoice billing address.
automatically renew and charge your account upon every expiration date of your
subscription, unless you have selected "OFF" for auto-renew on the Account
Information page. The renewal charge will be equal to the original subscription
price, unless we notify you otherwise in advance. You may cancel your
subscription at any time by selecting the "Cancel Membership" button on the
Account Information page in Surveyetc.com.
Upon receipt of your cancel selection, we will promptly terminate your
access to the Services.
refunds of subscription fees will be given for the remaining term.
REGISTRATION & PASSWORD.
provide current, complete, accurate information in the registration section of
the Site. You will further update and keep that information current as needed.
You will provide a password in order to access the Services and your account.
Email login must be a valid email address maintained by you. You are solely
responsible for maintaining the confidentiality of your password and account
information. You will immediately notify us of any unauthorized account
activity, or any unauthorized use of your email list(s) or any other breach of
security you become aware of.
not share logins and passwords with others, unless subscribed to our unlimited
user account subscription. Sharing login information is in violation of this
Agreement and may result in immediate account termination.
committed to protecting the privacy and confidential information of Users. For
consistent with the Surveyetc.com
the personally identifiable information of persons that respond to your surveys
or to whom you send surveys. You represent and warrant that your surveys will
not target children under 13 and that you will not knowingly collect personally
identifiable information from children under 13.
not to use any of your Confidential Information (defined below) for any purpose
except to operate the Site and Services in accordance with this Agreement. We
agree not to disclose any of your Confidential Information to any third party
other than to our employees and consultants who are bound by confidentiality
obligations and are required to have access to the Confidential Information in
order to operate the Site and Services. Nothing in this Agreement limits our
right to independently develop, acquire or market products, ideas, or
businesses, without use of your Confidential Information. "Confidential
Information" may include, solely to the extent entered into the Services or Site
by you, (a) technical information, know-how and other intellectual property, to
the fullest extent that such information is maintained as a trade secret by you;
(b) confidential marketing strategies; (c) confidential future product plans;
(d) confidential financial information (including pricing); and (e) other
confidential business information. Confidential Information will not include any
information that (i) was publicly known and generally available in the public
domain prior to the time of disclosure by you; (ii) becomes publicly known and
generally available after disclosure by you through no action or inaction of
ours; (iii) is already in our possession at the time of disclosure by you; (iv)
is obtained by us from a third party without a breach of such third party's
obligations of confidentiality; (v) is independently developed by us without use
of or reference to your Confidential Information; or (vi) is required by law to
be disclosed by us, provided that we give you prompt written notice of such
requirement prior to such disclosure and assistance in obtaining an order
protecting the information from public disclosure.
a leading Web-based application for research and feedback, is committed to being
a trusted member of the Internet community. As such, we have adopted a firm
anti-spam stance. Spam can deluge a recipient's email box and waste the
recipient's time and money. Spam often causes recipients to complain to their
Internet Service Providers who in turn may block or restrict access from
legitimate services like Surveyetc.com, and Users, like
recipients be free from spam, and to maximize the availability of our Services
to our community of Users, we have taken a "zero tolerance" stand against spam.
You acknowledge, warrant and agree that:
will not engage in any spamming activities in your use of the Services.
understand that Surveyetc.com is serving as "survey host" and is not the sender
or originator of any survey, and that you are therefore solely responsible for
your email/SMS-ing activities using the Services.
warrant that you either have an ongoing business or personal relationship with
or have obtained consents to send email/SMS messages inviting participation in a
survey to the persons on your own email/mobile phone list and on any lists you
have acquired from a third party.
use of the Site and Services will not violate any U.S. or foreign spamming, junk
mail or other related laws or regulations prohibiting or discouraging
you engage in any unlawful spamming activity, Surveyetc.com will report such
conduct to the appropriate authorities and turn over any and all information,
including personally identifiable information, to appropriate law enforcement
persons or entities.
may request at any time that you provide proof that your email/SMS recipients
have agreed to receive email/SMS messages from you. We may require that you
provide the name of a list vendor and documentation of specific opt-in processes
you or the vendor have used.
terminate the account of any User determined to have used the Services in
Please be advised that we may also terminate your account if your mailings
result in high bounce rates, a report or complaint of spam against the sender,
poor monitoring of recipient consents including lax address book and
email/mobile phone list management, or lack of compliance with anti-spam
guidelines. We reserve the right to terminate your account(s) and your use of
the Services, without notice, if we believe your activities are not in
compliance with this Anti-Spam policy. We thank you for your compliance with our
Anti-Spam policy and your commitment to good email/SMS-ing
OTHER PROHIBITED USES.
acknowledge, warrant and agree that:
will not transmit through the Service or the Site any pornographic, obscene,
offensive, threatening, harassing, libelous, hate-oriented, harmful, defamatory,
racist, illegal or otherwise objectionable material or content.
will not send any transmission that attempts to hide your identity or represents
you as someone else.
attempt by you to transmit, publish or distribute material or content that
promotes, provides or relates to instructional information about illegal
activities or promotes physical harm or injury against any individual or group
is strictly prohibited.
will not use the Service or the Site to send any materials, including surveys
and requests to take surveys, to any persons under 18 years of age unless and
until you have taken and follow all necessary action and compliance pursuant to
state and federal laws.
will not upload or distribute in any way any files that contain viruses,
corrupted files or any similar software or programs that may damage the
operation of anyone else's computer, the Service or the Site.
will not interfere or disrupt networks connected to the Service and the Site.
attempt by you to gain unauthorized access to any computer system, including
accounts, lockers or databases maintained by and for Surveyetc.com, is strictly
will comply with all laws, rules and regulations regarding transmission of
technical data exported from the United States.
engage in any activity set forth in this paragraph or violate any terms or
Service and Site prohibited. We will report any unlawful conduct to the
appropriate authorities and turn over any and all information regarding such
activity to appropriate persons or entities.
DISCLAIMER OF WARRANTIES.
EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE SERVICE AND THE SITE IS AT YOUR
SOLE RISK. THE SERVICE AND THE SITE ARE PROVIDED ON AN "AS IS" AND "AS
FULLEST EXTENT ALLOWED BY LAW, SURVEYETC.COM EXPRESSLY DISCLAIMS ALL WARRANTIES
AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT
LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE
AND NON-INFRINGEMENT. THE CONTENTS OF THE SERVICES OR THE SITE MAY CONTAIN BUGS,
ERRORS, PROBLEMS OR OTHER LIMITATIONS. SURVEYETC.COM ASSUMES NO LIABILITY OR
RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN CONTENT.
IS NOT RESPONSIBLE FOR THE CONTENTS OF ANY SURVEY OR INVITATIONS TO TAKE SURVEYS
OR INVITATIONS TO VIEW SURVEY RESULTS CREATED ON OR THROUGH THE SERVICE NOR IS
IT RESPONSIBLE FOR THE RESPONSES SUBMITTED TO ANY SURVEY REQUESTS OR FOR THE
RESULTS GENERATED BY SURVEY RESPONSES. SURVEYETC.COM DOES NOT WARRANT OR MAKE
ANY REPRESENTATIONS REGARDING THE RELIABILITY OR ACCURACY OF THE REGISTRATION
INFORMATION SUPPLIED TO SURVEYETC.COM NOR THE RESPONSES OR INFORMATION SUPPLIED
BY SURVEY RESPONDENTS TO USERS IN RESPONSE TO SURVEYS. SURVEYETC.COM DOES NOT
WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE CONSEQUENCES OF THE
USE OF ANY SURVEY, SURVEY RESPONSES OR SURVEY RESULTS NOR DOES SURVEYETC.COM
WARRANT THE CORRECTNESS, USEFULNESS, RELIABILITY, ACCURACY OR OTHERWISE OF ANY
SURVEY, SURVEY RESPONSES OR SURVEY RESULTS. SURVEYETC.COM IS NOT RESPONSIBLE FOR
ANY DAMAGES, INCLUDING WITHOUT LIMITATION, LOST PROFITS, BUSINESS INTERRUPTION
OR OTHER LOSS RESULTING FROM USE OF OR RELIANCE IN ANY WAY ON ANY SURVEY, SURVEY
RESPONSES OR SURVEY RESULTS CREATED ON OR THROUGH THE SERVICE OR THE SITE. IT IS
SOLELY YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, RELIABILITY, COMPLETENESS
AND USEFULNESS OF ANY SURVEYS, SURVEY RESPONSES, SURVEY RESULTS OR OTHER
INFORMATION RECEIVED WHILE USING THE SERVICE OR SITE.
MAKES NO WARRANTY THAT THE SERVICE OR SITE WILL MEET YOUR REQUIREMENTS OR THAT
THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, VIRUS-FREE, ERROR-FREE,
ACCURATE OR RELIABLE; NOR DOES SURVEYETC.COM MAKE ANY WARRANTY AS TO ANY
INFORMATION THAT MAY BE OBTAINED THROUGH THE SERVICE OR SITE OR THAT DEFECTS IN
THE SOFTWARE FOR THE SERVICE WILL BE CORRECTED OR THAT THE SITE IS FREE OF
VIRUSES OR OTHER HARMFUL COMPONENTS.
UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE
OBTAINED THROUGH USE OF THE SERVICE OR SITE 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 SUCH MATERIAL OR
MAKES NO WARRANTY REGARDNG ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH
THE SERVICE OR SITE OR ANY TRANSACTIONS ENTERED INTO THROUGH OR BASED UPON THE
SERVICE OR THE SITE.
OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE SERVICE OR
SITE OR THROUGH THE SERVICE OR SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE
LIMITATION OF LIABILITY.
FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, NEITHER SURVEYETC.COM NOR
ANY PARENT ENTITIES, SUBSIDIARIES, AFFILIATES, OFFICERS OR EMPLOYEES SHALL BE
LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE
DAMAGES ARISING OUT OF YOUR ACCESS TO, USE OF, INABILITY TO USE, OR RELIANCE ON
THE SERVICE OR ANY SURVEYS, SURVEY RESPONSES OR SURVEY RESULTS, EVEN IF ADVISED
OF THE POSSIBILITY OF SUCH DAMAGES. IF YOU ARE DISSATISFIED WITH THE SERVICE,
THE MATERIALS AVAILABLE ON OR THROUGH THE SERVICE OR THE SITE, OR WITH ANY OF
THE TERMS OF THIS AGREEMENT, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE
USING THE SERVICE AND LEAVE THE SITE IMMEDIATELY.
owns the content including the graphics, names, text, software, music, videos,
sound, pictures, compilations, survey templates, surveys, page layout, design,
processes, procedures, magnetic translation, digital conversion or other
material contained in the Service and the Site to the extent such content is
provided and/or designed by Surveyetc.com. It is all protected by copyrights,
trademarks, service marks, patents, trade secrets, or other proprietary rights
and laws. No one may copy, reproduce, distribute in any way, or decompile,
reverse engineer or disassemble the content. You are permitted the limited
license to use the content of the Service and the Site as authorized herein to
create surveys and view survey responses and survey results for your personal
use as an end product only, and you must at all times maintain Surveyetc.com's
copyright symbol on the product in any form or medium. While your account is
active, you will have the right to access your surveys, survey responses, survey
results and related survey data, and you assume the entire risk of disclosing
such content to third parties. Modification or use of Surveyetc.com's content in
any prohibited way is a violation of copyright and other proprietary laws. No
one may copy, reproduce, transmit, post, distribute or create derivative works
from this Site without prior express authorization.
NO MISAPPROPRIATION OR MISUSE OF NAMES, MARKS, OTHER PROPRIETARY
not to use, misuse or misappropriate any brand names, trademarks, service marks,
patents, images, text or other proprietary material or content of another on or
through the Service or the Site. If you use any such proprietary material or
content, by doing so, you warrant that you have the right and authority to do
LINKS AND ADVERTISERS.
may provide advertising space and/or links and pointers to Internet sites
maintained by third parties. Surveyetc.com has not reviewed all of the third
-party sites nor reviewed any products or services they may provide.
Surveyetc.com is not responsible for nor does it endorse the contents or any
products or services of such third parties or their sites. SURVEYETC.COM DOES
NOT CONTROL IN ANY RESPECT ANY INFORMATION, PRODUCTS OR SERVICES OFFERED OR
SUGGESTED BY THIRD PARTIES ON THE SITE. SURVEYETC.COM DOES NOT ENDORSE OR
OTHERWISE WARRANT OR GUARANTEE THE PRODUCTS OR SERVICES THAT ARE EITHER
ADVERTISED ON THE SITE OR CONNECTED BY LINK.
Surveyetc.com shall not be liable to you or any third party in any manner for
termination of the Service. In the event you should become dissatisfied with the
only recourse is to discontinue use of the Service, terminate your subscription,
and give notice to us of these actions. Upon termination, your right to use the
Service and the Site cease immediately and will be refunded for the remaining
to defend, indemnify and hold harmless Surveyetc.com, its parent entities,
subsidiaries, affiliates, officers, and employees, from any and all claims and
demands, including attorneys' fees, due to or arising from your use of the Site
or the Service, surveys, survey responses, survey results and any other conduct
related in any way to the Service or the Site, including but not limited to
breaching any warranty or provision contained in these Terms of
as if entered into and executed in the State of Virginia and shall be governed
and construed in accordance with the laws of the State of Virginia, without
regard to conflict of law principles, and also excluding the United Nations
Convention on Contracts for the International Sale of Goods. Surveyetc.com makes
no representation that the materials and content on the Site or relating to the
Services are appropriate or available for use in other locations, and accessing
them from territories where their contents are illegal is strictly forbidden.
Those who access the Services or the Site from other locations do so on their
own initiative and at their own risk and are responsible for compliance with
year of the occurrence of the underlying facts.
NATURE OF AGREEMENT.
that your completion of the registration procedure constitutes agreement to
agreement between you and Surveyetc.com and supersede any prior or other
understandings, representations or warranties including, but not limited to, any
nondisclosure agreements, purchase orders, license agreements, service
agreements, invoices or other terms and conditions that you may provide to us in
respect of the Site or Services. You agree that each use of the Services and the
Site reaffirms your acknowledgment and agreement to the most current version of
dispute arising from the relationship between you and Surveyetc.com or these
fees and costs. The failure by Surveyetc.com to enforce any right or provision
shall be determined to be invalid or unenforceable by a court of competent
jurisdiction, the other provisions shall remain in full force and