IMPORTANT - PLEASE READ THESE TERMS CAREFULLY BEFORE CREATING AN ACCOUNT. THE FOLLOWING IS A LICENSE AGREEMENT RELATED TO YOUR USE OF THE 3-C INSTITUTE FOR DEVELOPMENT, INC. SURVEIER SURVEY SYSTEM. BY CREATING AN ACCOUNT ON THE WWW.SURVEIER.COM WEBSITE, YOU ACKNOWLEDGE THAT YOU HAVE READ THIS LICENSE AGREEMENT, THAT YOU UNDERSTAND IT, AND THAT YOU AGREE TO BE BOUND BY ITS TERMS.
Upon acceptance of this Agreement by creating an account on the www.Surveier.com website, subject to the terms and conditions of this License, and in consideration of the payment of the applicable license fees, 3-C Institute for Social Development (“Licensor”) grants you (the “Customer”) a non-exclusive, non-transferable license to use the survey-related materials and services on the www.Surveier.com website (“Services”), as they may be modified from time to time.
Licensor reserves the right to amend or change these terms at any time without notice. Licensor reserves all rights not expressly granted herein.
Obligations and Responsibilities of Customer
Customer agrees to use the Services only for the purpose of survey construction and data collection and analysis. Customer acknowledges and agrees that in no event shall the Services be used in conjunction with any bulk mailing campaign or other email distribution that would generally be considered spam. Customer shall instruct all employees with access to the Services to act in conformity with Customer’s obligations under this Agreement.
Licensor cannot be held responsible for the content of surveys or pages hosted under the Services, or for the manner in which they are distributed to third parties. Licensor does not review surveys or pages for content before they are posted, and does not verify, endorse, or otherwise take responsibility for the contents of any Customer-created survey or page. Customers are solely responsible for all developed materials, and may be held legally liable for the contents of their surveys or pages.
Customer is responsible for building and updating its own surveys and pages and performing regular backups of any data.
Customer agrees to not use the Services to:
- send or otherwise make available any content that is unlawful, harmful, threatening, abusive, harassing, pornographic, obscene, offensive, libelous, hate-oriented, racist, or otherwise objectionable;
- send or otherwise make available any materials, surveys or requests to complete surveys to participants under the age of 18 unless and until the participant has taken and followed all necessary action and compliance with applicable state and federal laws;
- send or otherwise make available content that infringes on any copyrights, trademarks, patents, trade secrets, contractual or fiduciary relationships, or other intellectual property;
- send unsolicited bulk email (spam), chain letters, promotional materials, advertising, or any other form of solicitation;
- attempt to gain unauthorized access to any network, attempt to disrupt network services or services of external networks using the Service, or attempt to gather third party personal information without consent (e.g., denial of service attacks, distribution of computer viruses, or transmission of any software or application that could harm any network);
- intentionally or unintentionally violate any applicable local, state, federal or international law.
Any surveys or pages that contain, promote, or link to prohibited content are subject to immediate removal. Any Customer who violates these guidelines or otherwise misuses the Services is subject to immediate account termination, legal liability and prosecution.
Payments and Refunds
Customer agrees to pay all applicable license fees under this Agreement, including any applicable taxes, levies or duties imposed by any government entity. Customer must supply Licensor with correct credit card information at the time of purchase and must keep its credit card and contact information current. The Services are billed in advance. Unless otherwise cancelled as provided herein, Licensor will automatically renew and charge Customer’s credit card every year, on the anniversary date of the initial purchase, for the Services purchased. If Customer’s credit card cannot be processed for any reason, Licensor reserves the right to cancel the Services.
There is a 30-day money back guarantee, during which the Customer may cancel the Services for any reason and receive a full refund. This guarantee period begins on the date of initial purchase. After the 30-day money back guarantee period, charges are non-refundable. There are no refunds or credits for partial years of service, downgrades of the Services, or for unused periods of time with an open account. Reduced charges for any downgrade in Services will take effect on the next renewal date. Licensor reserves the right to change license fees upon 30 days notice.
Customer may cancel this Agreement at any time for any reason, by submitting an email to email@example.com. Upon cancellation, all data, surveys and any other content for that Customer will be deleted. Recovery of this information is not possible once Customer’s account has been cancelled. Licensor, in its sole discretion, reserves the right to suspend or cancel Customer’s account and refuse any or all use of the Services for any reason at any time.
In consideration of payment of the applicable license fee for the Services, Licensor will use reasonable efforts, either by telephone or email, to help Customer solve specific technical problems with setup or use of the Services. The parties acknowledge and agree that it may not be possible to solve all problems or correct all errors in the Services and Licensor’s sole obligation is to make commercially reasonable efforts to correct such errors. Notwithstanding the foregoing, Services functionality does not include third party software, nor any additional functionality claims asserted by sources other than Licensor. Support will be available only during Licensor’s normal business hours (9:00 a.m. to 5:00 p.m. EST), exclusive of Licensor holidays. Support is available via phone, email and online documentation. Licensor may provide assistance with non-technical issues or help resolve problems caused by Customer actions, if needed, at Licensor’s then-current hourly consulting rate.
Proprietary Protection and Restrictions
Licensor has sole and exclusive ownership of all right, title and interest in and to the licensed Services and all modifications and enhancements thereof (including ownership of all trade secrets, trademarks, service marks, patents and copyrights pertaining thereto). This Agreement does not provide Customer with title or ownership of the licensed Services, but only a right of limited use. Customer may not copy, reproduce, distribute, or decompile, reverse engineer, or disassemble the Services. Surveys created and data collected by Customer through the Services are the property of the Customer.
Limited Warranty and Limitation of Liability
EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, LICENSOR DISCLAIMS ANY AND ALL PROMISES, REPRESENTATIONS, AND WARRANTIES WITH RESPECT TO THE SERVICES, INCLUDING THEIR CONDITION, THEIR CONFORMITY TO ANY REPRESENTATION OR DESCRIPTION, THE EXISTENCE OF ANY LATENT OR PATENT DEFECTS, ANY NEGLIGENCE, AND THEIR MERCHANTABILITY OR FITNESS FOR A PARTICULAR USE. Licensor and its employees and affiliates are not responsible for any deletion, alteration, or loss of data, survey, or results due to network or system outages, file corruption, accidental deletion, incompatibilities, or any other reason. Licensor makes no guarantees with respect to server reliability, speed, or consistency and cannot be held liable for such.
Licensor makes 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; for any failures, delays, or interruptions in the delivery of any content or services contained on its servers; or for losses or damages arising from the use of the content or Services provided by Licensor.
Licensor may link to or include on its web site, resources and information provided by third party partners and providers. Licensor does not guarantee the reliability of this information, nor does the inclusion of this information imply Licensor recommendation of the services.
As Customer’s exclusive remedy for any material defect in the Services for which Licensor is responsible, Licensor shall attempt through reasonable effort to correct, bypass or cure any reproducible defect. In the event Licensor does not correct or cure such nonconformity or defect after it has had a reasonable opportunity to do so, Customer’s exclusive remedy shall be the refund of the amount paid as the license fee for the defective or nonconforming module of the Services. Licensor shall not be obligated to correct, cure, or otherwise remedy any nonconformity or defect in the Services if Customer has made any changes whatsoever to the Services, if the Services have been misused or damaged in any respect, or if Customer has not reported to Licensor the existence and nature of such nonconformity or defect promptly upon discovery thereof.
The cumulative liability of Licensor to Customer for all claims relating to the Services and this Agreement, including any cause of action sounding in contract, tort, or strict liability, shall not exceed the total amount of all license fees paid to Licensor hereunder. This limitation of liability is intended to apply without regard to whether other provisions of this Agreement have been breached or have proven ineffective. Licensor shall have no liability for loss of data or documentation, it being understood that Customer is responsible for reasonable backup precautions.
In no event shall Licensor be liable for any loss of profits; any incidental, special, punitive, exemplary, or consequential damages; or any claims or demands brought against Customer, even if Licensor has been advised of the possibility of such claims or demands. This limitation upon damages and claims is intended to apply without regard to whether other provisions of this Agreement have been breached or have proven ineffective.
Customer may have additional rights under certain laws (e.g., consumer laws) that do not allow the exclusion of implied warranties, or the exclusion or limitation of certain damages. If such laws apply, our exclusions or limitations do not apply to Customer.
Customer agrees to defend and hold harmless Licensor, its subsidiaries, affiliates, officers, and employees against any and all claims and expenses, including attorneys’ fees, arising from the use or misuse of the Services. This expressly includes Customer responsibility for any and all liability arising from the violation or infringement of copyrights, trademarks or other proprietary rights and from the use of any libelous or unlawful material contained within Customer’s surveys.
This Agreement shall be governed by and construed in accordance with the laws of the State of North Carolina. No modification of this Agreement shall be binding unless it is in writing and is signed by an authorized representative of the party against whom enforcement of the modification is sought. In the event that any of the terms of this Agreement is or becomes or is declared to be invalid or void by any court or tribunal of competent jurisdiction, such term or terms shall be null and void and shall be deemed severed from this Agreement and all the remaining terms of this Agreement shall remain in full force and effect. In the event that any action or proceeding is brought in connection with this Agreement, the prevailing party therein shall be entitled to recover its cost and reasonable attorney’s fees.
This Agreement is the complete and exclusive statement of Licensor's obligations and responsibilities to Customer and supersedes any other proposal, representation, or other communication by or on behalf of Licensor relating to the subject matter hereof.