Terms of Use
Welcome
to SelfSurveys.com, a service of Universal Responses Corporation ("URC"), a Delaware Corporation. URC provides this Service to
you, subject to the following Terms of Use ("TOU"), which may be updated by us
from time to time by URC. In addition, when using the URC
Service, you shall be subject to any posted guidelines or rules applicable to
the Service which may be posted from time to time. The terms of this TOU and any
guidelines or rules posted by URC comprise the entire agreement between
you and URC and supersedes any and all prior agreements or
understandings between the parties.
1.
ACKNOWLEDGEMENT AND ACCEPTANCE OF TERMS.
PLEASE READ
THE FOLLOWING TOU CAREFULLY. BY COMPLETING THE REGISTRATION PROCESS AND CLICKING
ON THE “FINISH” BUTTON, YOU ACCEPT AND AGREE TO ALL OF THE TERMS AND CONDITIONS
SET FORTH IN THIS TOU, INCLUDING ALL WARRANTIES AND PROMISES BY YOU. YOU HEREBY
ACKNOWLEDGE AND WARRANT THAT YOU ARE 18 YEARS OF AGE OR OLDER.
2.DESCRIPTION OF SERVICE
When you become a registered member,
URC provides you (the “Client” or “you”) with access to URC’s
online survey developing tools, allowing you to design online surveys and send
them electronically to your choice of survey participants (“Survey
Participants”) (the foregoing service collectively referred to hereinafter as
the "Service"). URC does not control or know who the Survey
Participants are and does not view the email addresses or other personally
identifiable information of the Survey Participants. When a prospective Survey
Participant receives your email, they can decide to click on a link in the email
which will route them to a Web page hosted by URC, where they will fill
in their responses to the survey. URC’ automated, encrypted database
receives these response, and after electronically compiling and analyzing them,
provides you with the responses and an analysis of the responses. URC
employees do not access the responses or the analysis of the responses at any
time.
Unless explicitly stated otherwise,
any new features that augment or enhance the current Service, shall be subject
to this TOU. You understand and agree that the Service is provided "AS-IS" and
that URC assumes no responsibility for the Service’s timeliness, loss
of, mis-delivery or failure to store any surveys, survey responses, or other
information or data.
In order to use the Service, you
must obtain access to the World Wide Web, either directly or through devices
that access web-based content, and pay any service fees associated with such
access. In addition, you must provide all equipment necessary to make such
connection to the World Wide Web, including a computer and modem or other access
device.
3. YOUR
REGISTRATION OBLIGATIONS
Accurate records enable us to
provide you the best Service possible. In your use of the Service, you agree to:
(a) provide true, accurate, current and complete information about yourself as
prompted by the Service's registration form (such information being the
"Registration Data") and (b) maintain and promptly update the Registration Data
to keep it true, accurate, current and complete. If you provide any information
that is untrue, inaccurate, not current or incomplete, or URC has
reasonable grounds to suspect that such information is untrue, inaccurate, not
current or incomplete, URC has the right to suspend or terminate your
account and refuse any and all current or future use of the Service (or any
portion thereof). Registration Data and certain other information about you is
subject to our Privacy Policy. For more information, see our full privacy
policy at our Privacy Policy for Client.
4. MEMBER
ACCOUNT, PASSWORD AND SECURITY
You will select a password and user
I.D. while completing the Service's registration process. You are responsible
for maintaining the confidentiality of the password and user I.D., and are fully
responsible for all activities that occur under your password and user I.D. You
agree to (a) immediately notify URC of any unauthorized use of your
password or user I.D. or any other breach of security, and (b) ensure that you
exit from your account at the end of each session. URC cannot and will
not be liable for any loss or damage arising from your failure to comply with
this Section 4.
5. PRIVACY.
URC is committed to it
policy of protecting privacy and confidential information of Clients. For more
information on URC’s privacy policy for Clients, please visit
our Privacy Policy for Clients. URC is also committed to
protecting the privacy of Survey Participants. To view URC’s privacy
policy for Survey Participants, please visit
our Privacy Policy for Survey Participants.
6. PAYMENT
TERMS.
In exchange for your use of the
Service, you agree to pay all charges to your account, including any applicable
taxes, at the rates in effect when the charges were incurred. URC may
change the fees and charges then in effect, or add new fees or charges, by
giving you notice in advance. You must provide URC with valid credit
card information, and must promptly inform URC of any changes in credit
card validity or expiration date. URC will keep your credit card
information confidential, and will ensure that the processing of your credit
card information will occur in a secure environment. URC will not
provide any refunds for any portion of a paid fee. If your credit card cannot be
charged, URC will not activate your survey and may suspend or terminate
your access to the Service at any time.
If you are using a purchase order form of payment, then you
shall be subject to the payment terms contained in such purchase order
pertaining to payment. In the event of any conflict between a purchase order
and this TOU, the terms of this TOU shall govern.
7. PUBLICITY
RIGHTS.
You
hereby grant URC and its affiliates the right to publicly identify you
as a customer and to use your trademark and/or logo in any promotional or
marketing materials, including without limitation on customer lists.
8. MEMBER
CONDUCT
URC is concerned about the privacy and treatment of Survey Participants.
You, and not URC, are solely responsible for the proper use of any
personally identifiable information collected from the surveys you develop and
deploy using the Service. You further represent and warrant that your use of
the Service will not violate any spamming, junk mail or other related laws or
regulations prohibiting or discouraging unsolicited mail. In addition, you
represent and warrant not to use the Service intentionally or unintentionally
for any illegal purposes or for the transmission of material that is unlawful,
harassing, libelous, invasive of another’s privacy, abusive, threatening, or
obscene, or that infringes other legal rights of others. Without limitation, you
agree not to:
a. Violate the
Children’s Online Privacy Protection Act (“COPPA”) and you understand that this
includes requesting survey responses from any person under the age of 13, unless
all provisions of COPPA have been complied with;
b. Harm minors
in any way;
c. Impersonate
any entity or misrepresent your entity;
d. Upload,
post, email or otherwise transmit content that infringes the copyright,
trademark or other proprietary right of a third party;
e. Use the
Service to send any materials, including surveys and requests to take surveys,
to any person under 18 years of age unless and until you have taken and followed
all necessary action and complied with applicable state and federal laws; or
f. Use the
Service for any health-related services.
9. INDEMNITY
You agree to indemnify without
limitation and hold URC, and its subsidiaries, affiliates, officers,
agents, co-branders or other partners, and employees, harmless from any claim or
demand, including reasonable attorneys' fees, made by any third party due to or
arising out of your use of the Service, your connection to the Service, surveys,
survey responses, or your violation of this TOU, including without limitation
the provisions of Section 8 above, or your violation of any rights of another.
10. NO RESALE OF
SERVICE
You agree not to reproduce, reverse
engineer, duplicate, copy, sell, resell or exploit for any commercial purposes,
any portion of the Service, use of the Service, or access to the Service.
11. GENERAL
PRACTICES REGARDING USE AND STORAGE
URC will use commercially
reasonable efforts to store survey data for one (1) year after you have
developed a survey using the Service. Notwithstanding the foregoing, you
acknowledge that URC may establish general practices and limits
concerning use of the Service, including without limitation the maximum number
of times (and the maximum duration for which) you may access the Service in a
given period of time. You acknowledge that URC reserves the right
to log off, suspend or discontinue accounts at any time. You further acknowledge
that URC reserves the right to change these general practices and limits
at any time, in its sole discretion, with or without notice.
12. TERMINATION
You agree that URC, in its
sole discretion, 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 URC
believes that you have violated or acted inconsistently with the letter or
spirit of the TOU. URC may also in its sole discretion and at any time
modify, suspend or discontinue the Service, or any part thereof, with or without
notice. You agree that any termination of your access to the Service under any
provision of this TOU may be effected without prior notice, and acknowledge and
agree that URC 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 URC shall not be
liable to you or any third-party for any modification to, or suspension or
termination of your access to the Service.
13. DEALINGS WITH
ADVERTISERS
Your correspondence or business
dealings with, or participation in promotions of, advertisers found on or
through the Service, including payment and delivery of related goods or
services, and any other terms, conditions, warranties or representations
associated with such dealings, are solely between you and such advertiser. You
agree that URC shall not be responsible or liable for any loss or damage
of any sort incurred as the result of any such dealings or as the result of the
presence of such advertisers on the Service.
14. LINKS
The Service may provide links to
other World Wide Web sites or resources. URC has no control over such
sites and resources and you acknowledge and agree that URC 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 URC 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.
15. URC's
PROPRIETARY RIGHTS
You hereby acknowledge that
URC owns the content, including the graphics, names, text (including the
“look and feel”), software, survey templates, surveys, survey responses, survey
analysis, page layout, design, processes, procedures, and other material
contained in the Service and the URC Web sites, to the extent such are
provided and/or designed by URC. The foregoing are protected by
copyrights, trademarks, service marks, patents, and/or other proprietary rights
and laws. You may not copy, reproduce, disassemble, reverse engineer, decompile,
distribute, modify, lease, loan, sell or create derivative works of any of the
foregoing in any way. You are permitted the limited license to use the content
of the Service to create and deploy surveys and view the survey responses and
analysis provided as an end product only.
You further acknowledge and agree
that you will not use, misuse, or misappropriate any brand names, trademarks,
service marks, patents, text or other proprietary content of another on or
through the Service. If you use any such proprietary material, you hereby
represent and warrant that you have the right and authority to do so.
16. TRADEMARK
INFORMATION
SelfSurveys.com, SelfSurveys.com trademarks
and service marks, and other logos and product and service names are trademarks
of URC Inc. (the "SelfSurveys Marks"). Without URC's prior
permission, you agree not to display or use in any manner, the SelfSurveys
Marks.
17. COPYRIGHTS and
COPYRIGHT AGENTS
URC respects the
intellectual property of others, and we ask our users to do the same.
18. 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.
URC EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS,
IMPLIED STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO THE IMPLIED
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND
NON-INFRINGEMENT. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, URC
DISCLAIMS ANY WARRANTY THAT (A) THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL
COMPONENTS AND (B) THE NUMBER OR QUALITY OF RESPONDENTS TO ANY SURVEY WILL BE
ACHIEVED.
b. URC 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 THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE
SERVICE OR LOSS OF DATA WILL BE CORRECTED.
c. ANY SURVEY RESULTS OR OTHER
INFORMATION OR MATERIALS 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 URC OR THROUGH OR FROM THE SERVICE
SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS TOU.
19. LIMITATION OF
LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE
THAT URC SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL,
SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED
TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES
(EVEN IF URC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES),
RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE OR OBTAIN SURVEY
RESULTS OR OTHER DATA; (ii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR
TRANSMISSIONS OR DATA; (iii) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE
SERVICE, INCLUDING WITHOUT LIMITATION STATEMENTS OR CONDUCT OF A SURVEY
PARTICIPANT; OR (iv) ANY OTHER MATTER RELATING TO THE SERVICE.
20. 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 17 AND 18 MAY NOT APPLY TO YOU.
21. NOTICE
Notices to you may be made via
either email or regular mail. The Service may also provide notices of changes to
the TOU or other matters by displaying notices or links to notices to you
generally on the Service.
22. GENERAL
INFORMATION
This TOU constitutes the entire
agreement between you and URC and governs your use of the Service,
superseding any prior agreements between you and URC. You agree that
each use of the Services and the SelfSurveys.com Web site reaffirms your
acknowledgement and agreement to this TOU. 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. This TOU and the relationship between you and
URC shall be treated as if entered into and executed in the State of
California and shall be governed by the laws of the State of California without
regard to its conflict of law provisions. You and URC agree to submit to
the personal and exclusive jurisdiction of the courts located within the county
of Santa Clara, California. URC makes no representation that the
materials and content contained on the Web site or relating to the Service 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 Service or the SelfSurveys.com Web site from other locations do so on
their own initiative and at their own risk and are responsible for compliance
with local laws.
The failure of URC to
exercise or enforce any right or provision of this TOU shall not constitute a
waiver of such right or provision. If any provision of this TOU is found by a
court of competent jurisdiction to be invalid, the parties nevertheless agree
that the court should endeavor to give effect to the parties' intentions as
reflected in the provision, and the other provisions of this TOU remain in full
force and effect. 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 this TOU must be filed within one (1) year after such claim or cause
of action arose or be forever barred. The section titles in this TOU are for
convenience only and have no legal or contractual effect.