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Terms of Use
I. User Accounts
Your login may only be used by one person – a single login shared by multiple people is not permitted.
You are responsible for maintaining the security of your account and password. We cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
You may not use the Service for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
II. Anti SPAM Policy
SurveyAnalytics expressly forbids SPAM (the term "SPAM" meaning the sending of unsolicited e-mail to parties unknown to the sender). SurveyAnalytics has a zero tolerance SPAM policy. Any customer found to be using SurveyAnalytics for SPAM will have their account subject to immediate termination.
SurveyAnalytics may only be used in connection with e-mail lists for which recipients have voluntarily registered. Using SurveyAnalytics to send e-mail to an address you obtain without the consent of such addressee is a violation of the SurveyAnalytics Terms of Use. You may not import any e-mail addresses to your list that have not chosen to receive your mailings. You may only send e-mail to customers that have willingly signed up to receive your mailings. If SurveyAnalytics receives complaints about your list, your account is subject to immediate termination. You may not send mail under any company or organization name other than your own and/or with fraudulent header or source information.You must adhere to the requirements of the 2003 CAN SPAM act and all subsequent provisions of this act.
We cannot and do not, monitor, censor or edit the contents of email messages sent using our system. Users alone are responsible for the contents of their messages and the consequences of any such messages. We do not assume any responsibility or liability for messages or other content that is created by our users. You may not send, post, distribute or disseminate any defamatory, obscene, or otherwise unlawful messages, material or information, including another person's proprietary information (including trademarks, trade secrets, or copyrighted information) without express authorization from the rights holder.
We will cooperate with legal authorities in releasing names and IP addresses of users who are involved in SPAM or other illegal activities.
III. Free Account, Payments, Refunds, Upgrading, Downgrading
You have the option of utilizing the Free Account to trial the software. The Free Account does not expire unless until it is expressly canceled. You can upgrade to any of the paid licenses at any point of time. An upgrade from the Free Account to any paying plan will end your Free Account. You will be billed for your first month immediately upon upgrading. Once the Free Account is upgraded to a paid license, it cannot be reverted to a free account.
After upgrading to a paid account, there is a 30 Day Money Back Guarantee. This guarantee is valid starting the day that you INITIALLY upgrade your account. If you are not satisfied with the service for any reason, you may submit a request to have your payment refunded.
The Service is billed in advance on a monthly or annual basis, depending upon the license you purchase and is non-refundable. There will be no refunds or credits for partial months of service, upgrade/downgrade refunds, or refunds for months unused with an open account. Unfortunately we cannot make any exceptions.
All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties, excluding only United States (federal or state) taxes.
For any upgrade in plan level, your credit card that you provided will automatically be charged the new rate on your next billing cycle.
Downgrading your Service is not permitted.
SurveyAnalytics reserves the right to change our license fees upon 30 days notice from us. Fee change notices may be posted to the Service or on the website.
IV. Termination of License
SurveyAnalytics, in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the Service, or any other SurveyAnalytics service, for any reason at any time. Such termination of the Service will result in the deactivation or deletion of your Account or your access to your Account. SurveyAnalytics agrees to provide 60 days written notice in the event that account is to be suspended for data retrieval et all.
V. Title and Intellectual Rights
So long as User is in compliance with the Terms of Use, including but not limited to, payment for the Service, all rights, title and interest to any and all work produced and created by user pursuant to or in connection with the use of the Service shall vest in the User.
If User is in breach of the Terms of Use, User is not entitled to any Intellectual Property Rights until such breach is cured.
VI. General Conditions
We provide space for hosting surveys, but make no implied or express warranties about the reliability of this space or related services. We are not responsible for any deletion, alteration, or loss of surveys or results due to network or system outages, file corruption, accidental deletion, incompatibilities or any other reasons. We makes no guarantees as to server reliability, speed, or consistency, and cannot be held liable for such.
We make no guarantee of the accuracy, correctness, or completeness of any information on these web pages, surveys, databases, or results and are not responsible for any errors or omissions arising from the use of such information; any failures, delays, or interruptions in the delivery of any content or services contained on our servers; or losses or damages arising from the use of the content or services provided by us.
EXCEPT AS EXPRESSLY SET FORTH HEREIN, THE SOFTWARE IS PROVIDED “AS IS,”; SURVEY ANALYTICS LLC DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT WITH RESPECT TO THE SOFTWARE AND DOCUMENTATION. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS: YOU MAY HAVE OTHER RIGHTS, WHICH VARY FROM STATE TO STATE.
EXCEPT AS EXPRESSLY SET FORTH HEREIN OR AS PROVIDED IN THE CURRENT CONTRACT, SURVEY ANALYTICS LLC MAKES NO WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, FOR THE SERVICES IT IS PROVIDING.
You agree to indemnify us against any and all claims and expenses, including attorneys' fees, arising from the use of this service. This expressly includes your responsibility for any and all liability arising from the violation or infringement of proprietary rights or copyrights and any libelous or unlawful material contained within your survey.
Verbal, physical, written or other abuse (including threats of abuse or retribution) of any SurveyAnalytics customer, employee, member, or officer will result in immediate account termination.
For Surveys sent in connection with the Products, you acknowledge and agree that SurveyAnalytics may add an identifying footer stating "Powered by SurveyAnalytics" or a similar message. Any explicit attempt to remove this (html, javascript, css) is a violation of the Terms of Service.
In your use of the Products, you agree to represent you or your organization accurately and will not impersonate any other person, whether actual or fictitious.
In using the varied features of the Products, you may provide information about yourself or your employer (such as name, contact information, or other registration information) to Us. We may use this information and any technical information about your use of the Products to tailor its presentations to you, facilitate your movement through the Product, communicate separately with you or publish the fact that your are a user of our services.
All correspondence with The Company should be addressed to 3518 Fremont Ave N #598,Seattle, WA, 98103. This agreement is subject to the laws of the State of Washington. User agrees to waive questions of jurisdiction and venue and agrees that all disputes brought by. User shall be in the courts of King County, Washington.
All inquiries related to billing and credit card charges should be made in writing to ATTN: Billing/Invoices, 3518 Fremont Ave N #598, Seattle, WA 98103. Any account with an overdue invoice of more than 60 days will be automatically suspended until all overdue payments are paid in full.
The Terms of Use constitutes the entire agreement between you and SurveyAnalytics and govern your use of the Service, superceding any prior agreements between you and SurveyAnalytics (including, but not limited to, any prior versions of the Terms of Use).
We reserve the right to amend or change these guidelines at any time, without notice.
VII. Prohibited Uses
Illegal Activities - Any activity which violates local, state, federal or international law. Examples include: Posting or disseminating illegal material (such as child pornography or obscene material.)
Security - Attempting to gain unauthorized access to any network; attempting to disrupt network services or services of external networks using the Service; attempting to gather third party personal information without consent. Examples include: DoS attacks, computer virus distribution or the transmission of any other software or application that contains features harmful to any network.
Bandwidth, Data Storage and Other limitation - Use of the network infrastructure and service in a manner that puts an excessive burden on the limitations of the network.
VIII. Reseller Policy
SurveyAnalytics reserves the right to refuse anyone access to the reseller program.
IX. Termination
Any violation of the Terms of Use constitutes grounds for immediate termination of a user account without notice or refund. Upon such termination, We shall have no liability or responsibility to you or any third-party.