Terms of Service
The "service" of survey creation, data collection, and results analysis is provided by SurveyShare.com and Research Tools, Inc (hereinafter "SurveyShare") to you the "user" under the following covenants:
These Terms of Service are construed under the laws of the United States of America and North Carolina. Both parties agree that these Terms of Service constitute the entire agreement between the parties.
Availability of Service
Planned or unplanned maintenance may occur on the site at any time. In the case of planned maintenance, we will give all our users one week's notice via their primary contact e-mail as well as post notice on our homepage. In the case of unplanned maintenance, we will post notice to our homepage within a reasonable time period as to the cause and resolution of the unplanned maintenance. We DO NOT guarantee 100% up time.
Disclaimer of Warranty and Limitation of Liability
User agrees that use of SurveyShare is at the user's sole risk. SurveyShare DOES NOT warrant that the use of SurveyShare will be uninterrupted or error free, nor does SurveyShare make any warranty as to the accuracy or reliability of results obtained through use of SurveyShare.
User is soley responsible for adequate protection and backing up data. Possible causes of lost data are, without limitation, password loss, hardware failure, communication failure, and acts of God. In the case of lost password, the user should contact us if the user has irrevocably lost their password. The user assumes all responsibility for backing up their data.
SurveyShare is not responsible for the contents of any survey or survey invitations created by its users, nor is it responsible for content of the responses to a survey or the results of a survey.
Use of Service and Documentation
Although we make every effort to ensure the accuracy of our service, SurveyShare's services are provided "as is". SurveyShare is provided without warranty and without any guarantee of fitness for a particular purpose. We also make no guaranties as to the quality, suitability, truth, or completeness of any of the information contained on this site, including help materials, resources, and other documentation.
User shall provide current, complete, accurate information upon registration. User shall further update and keep such information current as needed in the "My Account" section. User is solely responsible for maintaining the confidentiality of user's password and account information. User shall immediately notify SurveyShare of any unauthorized account activity, or any unauthorized use of user's email list(s) or any other breach of security known to the user.
Restrictions on Use
You may only use SurveyShare for lawful purposes. In addition, SurveyShare users may not:
- send unsolicited e-mail
- use surveyshare to send e-mail unrelated to surveyshare
- violate or infringe in any way the rights of others
- violate US or North Carolina laws
- violate other's copyright
- send communication via SurveyShare that is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, racist, obscene, profane, or otherwise objectionable as determined by SurveyShare staff
- reverse engineer SurveyShare
- impersonate a SurveyShare administrator
Termination of Account
If a user is found to be in violation of this Terms of Service, SurveyShare, at its sole discretion, may revoke the user's account. Notice will be given to the account's primary e-mail address. The user is responsible for providing a working and current primary e-mail address. The user has one week to appeal the account revocation. If no appeal is filed within one week SurveyShare may, at its sole discretion, delete the user's data and the user.
No Resale of Service
You agree not to reproduce, duplicate, copy, sell, resell, or exploit for any commercial purposes, any portion of the service, use of the service, or access to the service.
SurveyShare, SurveyShare.com, and all page headers, custom graphics, and button icons are service marks, trademarks of SurveyShare. All rights reserved. All other trademarks appearing on the site are the property of their respective owners.
You agree to defend, indemnify, and hold harmless SurveyShare and its affiliates and their respective directors, officers, employees, agents, from and against any and all damages, claims, actions, demands, suits, costs, liabilities, losses, and expenses (including reasonable attorney fees and disbursements and court costs) arising out of your use of SurveyShare or from breach of this Terms of Service agreement, or your violation of any law or the rights of a third party.
The Terms of Service and the relationship between the user and SurveyShare shall be treated as if entered into and executed in the State of North Carolina and shall be governed and construed in accordance with the laws of the State of North Carolina, without regard to conflict of law principles. User agrees to submit to personal and exclusive jurisdiction and venue of the courts in the county of Orange, North Carolina, USA. The failure of SurveyShare to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such a right or provision. SurveyShare makes no representation that the materials and content on the SurveyShare site or related 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 SurveyShare 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 section titles in the Terms of Service are for convenience only and have no legal or contractual effect.
No refunds of subscription fees will be given on any memberships paid.
These terms of service are effective October 1, 2010. We may periodically update the Terms of Service. If we do so, we will post notice on our homepage and notify you be way of your primary e-mail.