Survey My Site - Terms of Use


IMPORTANT-READ CAREFULLY:


The Terms of Use is a legal agreement between you, either as an individual or representing any other legal entity, and Survey My Site. Your access to, and use of, Survey My Site websites ("website") is subject to, and governed by, these Terms of Use. Be sure to carefully read and understand all of the rights and restrictions delineated in these Terms of Use. For your reference, you may print the Terms of Use by using the "Print" option on your browser. By accessing the Survey My Site website, you confirm your agreement to, and acceptance of, these terms. Survey My Site reserves the right to update the Terms of Use at any time without notice. You may view the current applicable version of the Terms of Use at any time by clicking on the "Terms of Use" link at the bottom of each website page.


1. Access. Survey My Site has the right, but not the duty, to terminate or suspend your access to the website, without notice, for any conduct that Survey My Site, at its sole discretion, believes is in violation of any applicable law or is harmful to the interests of another user, a third-party provider, a service provider or Survey My Site. Survey My Site makes no representation that the information contained in the website is appropriate or available for use throughout the world. It is forbidden to access the website from territories where the legislation provides that the content or use of the website is illegal. You choose to use the website on your own initiative and it is your responsibility to ensure that you conform to all applicable local laws.


2. Copyright. Survey My Site, its suppliers, or the original creator of the material, own all copyrights to material on the website and all other intellectual property rights related to the website. To the extent that Survey My Site has the right to do so without compensation to third parties, and except for material specifically provided under other terms, Survey My Site grants you permission to copy materials on the website solely for your non-commercial use in support of Survey My Site products. You agree that any copies of material shall retain all copyright and other proprietary notices in the same form and manner as the original. You may not, without Survey My Site's permission, "mirror" any material contained on the website or any other server. Except as specified above, nothing contained herein shall be construed as conferring by implication or otherwise any license or right under any trademark, patent, copyright, mask work protection right or any other intellectual property right of Survey My Site or any third party.

 

3. Trademarks. Survey My Site and the Survey My Site logo are trademarks or service marks, registered or not, of Survey My Site. Nothing in the website may be interpreted so as to grant to you, directly or indirectly, the use of a trademark or service mark reproduced on the website, whether belonging to Survey My Site or third party suppliers, without the written permission of Survey My Site.

 

4. Information Provided to Survey My Site. Survey My Site does not want you to, and you should not, send any confidential or proprietary information to Survey My Site via the website. Any submission by you to Survey My Site, including, but not limited to, questions, comments, suggestions or the like shall be deemed to be non-confidential and shall become the property of Survey My Site. Furthermore, by your submission, you grant Survey My Site an unrestricted, irrevocable license to use, reproduce, display, perform, modify, transmit and distribute such information. Survey My Site shall be free to use any ideas, concepts, expertise or techniques contained in such information for any purpose whatsoever, including, but not limited to, developing, manufacturing and marketing products incorporating such information.

 

5. Links. Some links on the website will allow you to leave Survey My Site’s website. These linked sites are not under the control of Survey My Site and Survey My Site is not responsible for the contents of any linked site, any link contained in a linked site or any changes or updates to such sites. Survey My Site is not responsible for webcasting or any other form of transmission received from any linked site. Survey My Site provides these links to you only as a convenience and the inclusion of any link does not imply endorsement by Survey My Site.


6. Export of Information. The United States Export Controls laws prohibit the export of certain technical data and software to certain territories. No content from the website may be downloaded or otherwise exported in violation of United States law or any other local law from where you may be accessing the website. You agree to comply with all United States and foreign federal, state and local laws and regulations applicable to the use of the website.


7. Limitation of Liability. Survey My Site, its related companies, directors, employees, representatives or agents may not, under any circumstances, be held liable for any direct, indirect, special, punitive, exemplary, incidental or consequential damages arising out of the use of (or the inability to use) the website or any material on the website. This includes, but is not limited to, the loss of data or loss of profit, even if Survey My Site was advised of the possibility of such damages. If all or part of this liability is found unenforceable for any reason, then Survey My Site’s maximum aggregate liability under such circumstances for liability that would otherwise have been limited shall not exceed one hundred dollars ($100).


8. Assignment. The Terms of Use may not be assigned or transferred by you without the prior written consent of Survey My Site. Survey My Site may assign the Terms of Use to any affiliate or third party in part or in whole.


9. Disputes.


9.1. Any controversy or claim arising out of, or in connection with, the Terms of Use, its enforcement or interpretation ("Dispute"), will be finally resolved solely in accordance with the terms of this section.


9.2. If a Dispute arises, the parties will endeavor to resolve the Dispute through a good faith negotiation within forty-five (45) days of notification of the Dispute. If the Dispute cannot be settled through a good faith negotiation, Survey My Site and you will submit the Dispute to a non-binding mediation conducted by the American Arbitration Association ("AAA") or any other mutually acceptable alternate dispute resolution organization. Each party shall bear its own expenses, but those related to the compensation of the mediator shall be borne equally. The parties, their representatives, other participants and the mediator (and arbitrator, if any) shall hold the existence, content and result of mediation in confidence. If the Dispute is not resolved through mediation, claims may be brought in a state or federal court of competent jurisdiction or resolved through binding arbitration. Notwithstanding the foregoing, Survey My Site shall be entitled to take immediate legal action where required to protect its confidential or proprietary information or to obtain any interim injunction.


9.3. Actions on Disputes between the parties with respect to the Terms of Use must be brought in accordance with this section within two years after the cause of action arises.


10. Governing Law. The validity, construction and performance of this Agreement will be governed by the substantive laws of the State of California, without giving effect to any provisions that would result in this Agreement being governed by the law of any jurisdiction other than that of the State of California. The parties specifically disclaim the UN Convention on Contracts for the International Sale of Goods. Subject to Section 9, the parties hereby consent to the exclusive jurisdiction of, and venue in, any federal or state court of competent jurisdiction located in the city of Los Angeles, CA for the purposes of adjudicating any matter arising from, or in connection with, this Agreement. The parties unconditionally waive their respective rights to a jury trial for any claim or cause of action based upon, or arising out of, directly or indirectly, this agreement and/or the use of the website.


11. Access to Password Protected/Secure Areas. Access to and use of password protected and/or secure areas of the website are restricted to authorized users only. Unauthorized individuals attempting to access these areas of the website may be subject to prosecution.


12. Data Privacy.


12.1. You and Survey My Site agree to comply in all respects with all applicable data protection laws and regulations (or any legislation or regulations amending or replacing the same) together, known as the "Data Protection Laws".


12.2. You shall, in connection with these Terms of Use, (i) not do or permit anything to be done through an act or omission which might jeopardize or contravene Survey My Site's liability under Data Protection Laws; and (ii) enter into such agreements as Survey My Site shall reasonably require in relation to the cross border migration of personal data.


12.3. You shall indemnify and keep Survey My Site fully indemnified against any and all liability, loss, damage, costs (including legal costs) and expenses that Survey My Site, or any Survey My Site affiliate, may incur or suffer, whether direct or consequential (including without limitation any economic loss or other loss of profits, business or goodwill), as a result of any breach of Section 12.2.


12.4 Please click on the "Privacy Policy" link at the bottom of each website page for disclosures relating to the collection and use of your personal information.


13. Forward-Looking Statements. Some of the information on this website may contain forward-looking statements. These statements are only predictions based on our current expectations and projections about future events. Because these forward-looking statements involve risks and uncertainties, there are important factors that could cause Survey My Site's actual results, level of activity, performance or achievements to differ materially from the results, level of activity, performance or achievements expressed or implied by the forward-looking statements.


14. Disclaimers.


14.1 While Survey My Site makes every effort and attempt to provide accurate information on the website, it assumes no responsibility for the accuracy of the information. Survey My Site may change the information on the website or the products mentioned at any time without notice. Material, including software, on the website and the website itself is provided “as is” and Survey My Site does not provide any warranty of any kind, express or implied. Survey My Site specifically disclaims any warranties of merchantability or fitness for a particular purpose with respect to the website or any content or material on the website.


14.2 Survey My Site makes no warranty that (i) the website will meet your requirements; (ii) access to the website will be uninterrupted, timely, secure, or error-free; (iii) the results that may be obtained from the use of the website will be accurate or reliable; and (iv) any errors in the software will be corrected.


14.3 Any material or software downloaded or otherwise obtained through the use of the website is done at your own discretion and risk and 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 or software.


14.4 No advice or information, whether oral or written, obtained by you from Survey My Site or from the website shall create any warranty not expressly stated in the Terms of Use.


This constitutes the entire agreement between the parties with respect to the website and its use and, except with respect to Survey My Site websites containing additional or different Terms of Use, supersedes all prior agreements, proposals, communications between the parties and understandings, whether written or oral.