Terms of Use
Terms of Use
PLEASE READ THESE TERMS OF USE (THE “TERMS”) CAREFULLY BEFORE USING THIS WEBSITE (THE “SITE”). YOUR USE OF THE SITE ESTABLISHES THAT YOU AGREE TO BE BOUND BY THE TERMS. IF YOU DO NOT AGREE TO ACCEPT THE TERMS, YOU MAY NOT AUTHORIZED USE THE SITE AND MUST DISCONTINUE ANY USE IMMEDIATELY. THESE TERMS GOVERN YOUR USE OF ANY CONTENT THAT SURVEY ACT LLC AND ITS AFFILIATES (COLLECTIVELY "SURVEY ACT") MAY MAKE AVAILABLE THROUGH THE SITE (THE “MATERIALS”) AND ANY SERVICES THAT SURVEY ACT MAY PROVIDE THROUGH THE SITE (THE“SERVICES”). ANY REFERENCE HEREIN TO THE “SITE” ALSO INCLUDES THE MATERIALS AND THE SERVICES.
I. AGREEING TO THE TERMS
A. In order to use the Site, you must first agree to the Terms. You may not use the Site if you do not agree to the Terms.
B. You can agree to the Terms:
by clicking to accept or agree to the Terms, if this option is made available to you in the user interface on the Site; or
by actually using the Site in any way.
C. You may not use the Site if (a) you are not of legal age to form a binding contract, or (b) you are a person barred from receiving the Services under the laws of the place in which you reside or from which you access the Site or under any other applicable law.
D. We urge you save a copy of the Terms for your records.
II. CHANGING THE TERMS; CHANGING THE SITE.
A. Survey Act shall have the absolute discretion and right to change the Terms at any time and from time to time without prior notice to you. Survey Act may do so by changing the Terms on the Site. If you object to any change, your only remedy will be to discontinue using the Site. If you continue to use the Site following any change of the Terms it will constitute your agreement to be bound by the changed Terms.
B. Certain provisions of the Terms may be superseded by different terms that are expressly stated elsewhere on the Site. In each such case, those expressly stated terms shall supersede the applicable provision(s) set forth in these Terms.
C. Survey Act shall have the absolute discretion and right to change the Site at any time and from time to time without prior notice to you. Survey Act may do so by changing any Services, Materials or other items found on the Site. If you object to any change of the Site, your only remedy will be to discontinue using the Site.
D. Survey Act shall have the absolute discretion and right to discontinue or permanently stop providing the Site (or any features thereof) to you or to users generally at any time and from time to time without prior notice.
III. CHARGES FOR USING THIS SITE.
There is currently no charge for using our Site. However, we reserve the right to institute a charge for using our Site at any time that we elect to do so. If we elect to institute a charge for our Site, we will give prior notice of this change, which notice will state the number of days in which we will continue to provide the Site without charge. After that notice period has elapsed, you will not be able to access some or all parts of the Site without paying the required charges. The procedures to pay the required charges will be posted on the Site at the appropriate time.
IV. ACCOUNT SECURITY; PASSWORDS AND PRIVACY.
A. You are responsible for maintaining the confidentiality of passwords you use to access the Site.
B. You are responsible to Survey Act for all activities that occur under your account.
C. If you become aware of any unauthorized use of your password or of your account, you will notify Survey Act immediately at the address provided in the Notice Section of these Terms.
D. You may be required to provide information about yourself (such as identification; credit card information or contact information) as part of the registration process for the Services, or as part of your continued use of the Services. Any information you give to Survey Act must always be accurate and up to date.
E. For information about our data protection practices, please read Survey Act’s Privacy Policies at http://www.surveyact.com/privacy/. These policies explain how Survey Act treats your personal information, and protects your privacy, in connection with your use of the Site.
F. By using the Site you agree to the use of your data in accordance with Survey Act’s Privacy Policies.
V. EXCLUSION OF WARRANTIES AND LIMITATION OF LIABILITY.
A. YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK AND THAT THE SITE AND THE SERVICES AND MATERIALS ARE PROVIDED "AS IS" AND “AS AVAILABLE.”
B. SURVEY ACT DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, EXCEPT THOSE WARRANTIES CLEARLY AND EXPRESSLY STATED IN THESE TERMS OR ELSEWHERE ON THE SITE.
C. IN PARTICULAR, SURVEY ACT DOES NOT REPRESENT OR WARRANT TO YOU THAT:
THE SITE WILL MEET YOUR REQUIREMENTS,
THE OPERATION OF THE SITE WILL BE UNINTERRUPTED, SECURE OR FREE FROM ERROR,
INFORMATION OBTAINED BY YOU AS A RESULT OF YOUR USE OF THE SITE WILL BE ACCURATE OR RELIABLE.
D. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS OBTAINED AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER OR OTHER EQUIPMENT OR LOSS OF DATA THAT RESULTS FROM SUCH MATERIALS.
E. NO ADVICE OR INFORMATION, ORAL OR WRITTEN, OBTAINED BY YOU THROUGH OR FROM THE SITE SHALL CREATE ANY WARRANTY.
F. SURVEY ACT SHALL NOT BE LIABLE TO YOU FOR:
ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL CONSEQUENTIAL OR EXEMPLARY DAMAGES WHICH MAY BE INCURRED BY YOU INCLUDING, BUT NOT LIMITED TO, ANY LOSS OF PROFIT (DIRECT OR INDIRECT), ANY LOSS OF GOODWILL OR BUSINESS REPUTATION, ANY LOSS OF DATA, COST OF PROCUREMENT OF SUBSTITUTIONS, OR OTHER TANGIBLE OR INTANGIBLE LOSS;
ANY LOSS OR DAMAGE WHICH MAY BE INCURRED BY YOU, INCLUDING BUT NOT LIMITED TO LOSS OR DAMAGE AS A RESULT OF ANY CHANGES WHICH SURVEY ACT MAY MAKE TO THE SITE, OR FOR ANY PERMANENT OR TEMPORARY CESSATION IN THE PROVISION OF ANY OF THE SERVICES; THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE, ANY CONTENT OR OTHER COMMUNICATIONS OR DATA MAINTAINED OR TRANSMITTED BY OR THROUGH THE SITE; OR YOUR FAILURE TO KEEP YOUR PASSWORD OR OTHER ACCOUNT DETAILS SECURE AND CONFIDENTIAL.
G. ONLY THE LIMITATIONS WHICH ARE LAWFUL IN THE APPLICABLE JURISDICTION WILL APPLY TO YOU AND THE LIABILITY OF SURVEY ACT, IF ANY, IS LIMITED ONLY TO THE EXTENT PERMITTED BY LAW.
VI. SPAMMING AND OTHER PROHIBITED USES.
A. Spamming. “Spam” is unsolicited e-mail sent to persons or entities (i.e. companies, organizations or other groups) with whom you do not have an ongoing business or personal relationship and from whom you have not obtained an express consent to send e-mail. The Site’s features enable users to send e-mail to third parties through the Site. You may not use the Site to send "spam" or in any manner that violates any laws or regulations that prohibit or regulate spam or to provide, sell or offer products, services or content frequently associated with spam, such as health and sexual well-being products; credit or finance management; credit repair and debt relief; stock and trading tips; mortgage finance offers and betting or gambling services.
B. Other Prohibited Uses You may not use the Site to conduct any illegal or prohibited activity. You may not send any e-mail and/or include anything in your surveys which:
Infringes the intellectual property rights, privacy rights, or other tangible or intangible rights of any third party;
Contains information known by you to be false, inaccurate, or misleading;
Violates the Communications Decency Act, the Digital Millennium Copyright Act or any other applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions, including any laws regarding the export of data or software to and from the United States or other relevant countries or any laws governing consumer protection, unfair competition, anti-discrimination, or false advertising, or export to prohibited countries.
Is or may reasonably be considered to be, defamatory, libelous, hateful, racially, ethnically, religiously, or otherwise biased or offensive, unlawfully threatening, or unlawfully harassing to any person or entity, vulgar, pornographic, obscene, or invasive of another person’s privacy;
Incorporates materials from a third party web site without the express written consent of the appropriate parties;
Contains any viruses, worms, harmful code, Trojan horses, spy-ware, ad-ware, or other potentially damaging programs or files or attempts to gain unauthorized access to any party’s electronic systems;
Contains or constitutes any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation;
Misrepresents your identity;
Promotes or relates to, or provides instructional information about, illegal activities or promotes physical harm or injury against any individual or group;
Provides, sells or offers to sell any of the following products or content (or services related to the same): pornography or sexual products, including but not limited to magazines, video and software; escort services; dating services; illegal goods; illegal drugs; pirated computer programs; instructions on how to assemble or otherwise make weapons; gambling services;
Exploits children or discloses any personally identifying information or private information about children without consent of the appropriate persons;
Displays material that is grossly offensive, including expressions of bigotry, prejudice, racism, hatred or excessive profanity or any obscene, lewd, lascivious, excessively violent, harassing or otherwise objectionable content;
Offers to sell or promotes any products or services;
Offers to sell or resell the Materials or the Services or access to the Site;
Advocates, promotes or otherwise encourages violence against any governments, organizations, groups or individuals or which provides instruction, information or assistance in causing or carrying out such violence;
Provides proprietary content, including images, of authors, artists, photographers or others without the express written consent of the content owner.
C. Affirmative Requirements. By agreeing to the Terms, you have agreed to comply with all laws, rules and regulations regarding transmission of data and all other activities that you may undertake using the Site.
D. Violations. If you violate the terms of this section or of any other section of the Terms, your account will be terminated and your use of the Service and Site will be prohibited. Survey Act may report your conduct to the appropriate authorities and/or turn over any and all information you have provided to Survey Act to the appropriate authorities or other persons or entities. If your account is terminated, you may be prevented from accessing the Site and any data or other content which is contained in your account.
E. Survey Act reserves the right (but shall have no obligation) to pre-screen, review, flag, filter, modify, refuse or remove any or all content from any communication sent through the Site.
F. Survey Act administers this Site from its offices in Nassau County, New York, U.S. Survey Act makes no representation that the Site is appropriate or available for use outside that geographic area and access to the Site from places where its contents are illegal or restricted is prohibited. If you choose to access the Site from outside the United States, you do so at your own risk and are responsible for compliance with applicable laws.
VII. LINKS TO OTHER SITES.
A. The Services may include links to other web sites or content or resources sponsored or provided by persons or entities other than Survey Act (“Third Party Sites”). We will have no control over Third Party Sites and will have no obligation to monitor the content or operations of Third Party Sites.
B. Survey Act does not endorse or make any representations about Third Party Sites, or about any information, software, products, services, or materials found there or any results that may be obtained by using them. If you access any Third Party Sites linked to this Site, you do this entirely at your own risk.
VIII. SURVEY ACT’S INTELLECTUAL PROPERTY.
A. Survey Act owns all legal right, title and interest in and to the Services and the Materials, and to the trademarks, trade names, logos, domain names, and other distinctive brand features displayed on the Site, and owns all legal right, title and interest in and to the materials appearing in the Site (collectively the “Intellectual Property”). Survey Act owns such rights without regard to whether those rights are registered or not, or where in the world those rights may exist. Without limiting the generality of the foregoing: “Survey Act” is the trademark of Survey Act LLC and the content, presentation and look of the Site are copyrighted by Survey Act LLC and may not be copied, imitated, or used (in whole or in part) without the prior written permission of Survey Act LLC.
B. Nothing in these Terms gives you a right to use any of the Intellectual Property for any purpose whatsoever.
C. You may not remove, obscure, or alter any proprietary rights notices (including copyright and trade mark notices) which may be displayed on the Site.
E. You may not, in connection with your use of the Site, use any trade mark, service mark, trade name, logo or other intellectual property of any other person or entity in a way that is likely or intended to cause confusion about the ownership of such intellectual property or as to the source of any goods or services or otherwise infringes the Intellectual Property rights of any person or entity.
IX. USER CONTENT.
A. Any data or other information in any format which you may use, submit, post, display or otherwise disclose or publish (collectively “Publish”) in connection with your use of the Site is referred to in these Terms as “User Content.”
B. By publishing User Content you give Survey Act a perpetual, irrevocable, worldwide, royalty-free, and non-exclusive license to reproduce, adapt, modify, translate, publish, publicly perform, publicly display and distribute same in connection with its operation and marketing of the Site. You hereby warrant and represent that you have all the rights, power and authority necessary to grant the license in the preceding sentence.
C. Survey Act acknowledges that it obtains no right from you under these Terms in or to any User Content that you submit, post, transmit or display on, or through, the Services, including any intellectual property rights which subsist in the User Content, other than rights granted to Survey Act under these Terms.
X. TERMINATION.
A. Survey Act may terminate, suspend, or modify your registration with, use of, or access to, all or part of the Site, without notice, at any time and for any reason.
B. You may discontinue your participation in and access to the Site at any time and for any reason.
C. If you violate any of these Terms, your authorization to use the Site will terminate automatically without any further act of or notice by Survey Act.
XI. NOTICES.
A. Any notices or other communications from Survey Act to you, including but not limited to those regarding changes to the Terms or to the Site, shall be sufficient if given by email or by postings on the Site.
B. Any notices or other communications from you to Survey Act shall be sufficient if given by U.S. mail or by email to the following addresses:
U.S. Mailing Address
Survey Act LLC
445 Central Avenue, Suite 206B,
Cedarhurst, NY 11516 Email Address
notices@surveyact.com
C. When you visit the Site or send e-mails to Survey Act, you are communicating with Survey Act electronically. We may respond to your communications to us by e-mail to you or by posting notices on the Site. Any such electronic communications from Survey Act to you will satisfy any legal requirement that such communications be in writing.
XII. MISCELLANEOUS LEGAL TERMS.
A. Waiver. The failure of Survey Act to enforce any provision of these Terms shall not result in a waiver of same. No waiver of any provision of these Terms in any one instance shall be deemed to result in a waiver of such provision in any other instance.
B. Titles. The titles in this Agreement are for convenience of reference only, and are not to be considered in construing these Terms.
C. Governing Law and Lawsuits. These Terms shall be construed and enforced in accordance with New York law, giving no effect to New York’s choice of law rules. All lawsuits arising from or relating to these Terms or your use of the Site shall be brought in the Federal or State courts in or for Nassau County, New York, USA, and you hereby submit to the exclusive personal jurisdiction of such courts for such purpose.
D. Severability. If any provision of these Terms is found to be void or unenforceable under existing or future law, the remaining provisions of these Terms shall nevertheless be binding with the same force and effect as though the void or unenforceable parts were deleted.
Xlll. SURVEYACT PANEL
SURVEYACT provides a feature whereby Users can purchase panels for survey responses. Such panels are provided by third-party CINT. In the future, such panels may be provided by other third-parties. By using this feature, User specifically acknowledges that the panels and all survey responses come from third-parties. No warranty, expressed or implied, is made regarding the accuracy, adequacy, completeness, legality, reliability, or usefulness of any panel or survey responses, either isolated or in the aggregate, and all warranties of any kind, express or implied, are expressly disclaimed. By using this feature, User specifically acknowledges and agrees that the panel and responses are provided “as is,” and that User shall have no recourse whatsoever against SURVEYACT for whatever reason, including but not limited to User not liking the panel and/or survey responses or not finding the panel and/or survey responses to be helpful or useful. SURVEYACT expressly disclaims any responsibility or liability for any use of, interpretations of, or decisions based on the panel or the survey responses. Any use of the panel or survey responses will waive any and all claims against SURVEYACT, and in no event shall SURVEYACT have any liability whatsoever for payment of any consequential, incidental, direct, indirect, special, or tort damages, losses, expenses, or costs of any kind, including but not limited to any loss of profits arising out of use of or reliance on the panel or survey responses.
© Survey Act LLC 2012