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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.