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:
General
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.
Pro Unlimited accounts are intended for individuals. If your organization requires several accounts, please contact us for Enterprise pricing.
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.
Account Information
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.
Trademarks
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.
Indemnification
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.
Jurisdiction
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.
Payment Terms
No refunds of subscription fees will be given on any memberships paid.
Changes
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.