Terms and Conditions of Use
These Terms and Conditions of Use are effective from May 21, 2018 for new and existing users.
For purposes of this Agreement, “You”, “Your”, “User”, and “Customer” refer to individuals or entities subscribing to SurveyMethods by registering for a new account with SurveyMethods. “SurveyMethods” refers to Survey Methods LLC and the online services (“Services”) provided to you by Survey Methods LLC through its website surveymethods.com.
Services offered to you are provided under the following terms and conditions of this Agreement (“Agreement”). The Agreement comprises the agreement between you and SurveyMethods and supersedes all prior agreements. By using any of SurveyMethods’ services provided on surveymethods.com, you agree to be bound by all terms and conditions herein. If, for any reason, you do not agree with any part of the Agreement, you agree not to use any of the services provided by SurveyMethods.
1. Services Void Where Prohibited
Use of the Services is void where prohibited. By using SurveyMethods, you represent and warrant that you have the right, authority, and capacity to enter into this Agreement and abide by the Terms & Conditions of this Agreement and all relevant local and international laws related to this Agreement.
You agree that any and all registration information provided by you is accurate. You agree to provide a valid email address to be used as a unique identifier for your account and password. SurveyMethods is a single user license per account. You agree that by registering for an account on SurveyMethods, you are the sole user of the account. When you register for a paid account, you understand that you are registering for a paid subscription that will charge your credit card every month for the fees shown in the registration section of SurveyMethods, unless you sign up for a yearly package. You undertake that you are the rightful owner of the credit card account and any credit card data you provide, where applicable, is correct. You are responsible for any cardholder data entered into the SurveyMethods system. You must comply with all applicable laws and rules and never enter any sensitive data in any areas except where clearly indicated.
3. Cancelations and Refunds
SurveyMethods does not tie you to a contract. Your subscription will renew every month. You can cancel your subscription at any time by going to the “My Account” section of your account and clicking on “Cancel My Subscription.”
Customers who sign up with SurveyMethods through the SurveyMethods Affiliate Program or via a referral will not be entitled for any refunds.
4. Description of Service
SurveyMethods allows registered users to create surveys, send them via email to individuals, post survey links on the Internet, collect respondent data, manage email lists, and analyze survey data.
You are solely responsible for all data, text, software, sound, photographs, graphics, videos, messages, files, or other materials (“Content”) transmitted, posted, or distributed by you through the Services, including, but not limited to, contents of your email communication, information, reviews, and photos or images posted by you in any of your accounts. All Content posted by you is your sole responsibility. SurveyMethods does not control the Content posted by users such as you via the Services and, as such, does not guarantee the accuracy, integrity, or quality of such Content. Under no circumstances will SurveyMethods be liable for any Content posted by any user or third party, including, but not limited to, liability for any errors or omissions in any Content or for any loss or damage incurred as a result of the use of any Content posted, emailed, or otherwise transmitted via the Services.
6. No “Spamming”
Users may not use SurveyMethods’ services or features for chain letters, junk mails, bulk emails, marketing emails, or other forms of “spamming”. Additionally, users may not send emails to any person who has not specifically provided them permission to send them emails. The use of 3rd party email lists is strictly prohibited. If any user uses the Services for spam, SurveyMethods reserves the right to immediately terminate access to the Services and seek appropriate legal recourse. All users must agree to use SurveyMethods in accordance with the FTC Can-SPAM Laws and all other applicable U.S. state, local, and international laws. If any user believes that others are using the Services for spam, please contact SurveyMethods.
8. Email Newsletters
As a registered SurveyMethods user, you will automatically receive our email newsletters to keep you informed about our key features, important feature updates, and latest releases. These newsletters may include material that may be promotional in nature. At any time, you can choose to stop receiving them by clicking on the unsubscribe link at the bottom of the newsletter.
Please note that even if you unsubscribe from receiving our newsletters, you will continue to receive important email messages from SurveyMethods, which may include service-related information and information related to your account such as account upgrade and subscription-based notifications.
In consideration for using the SurveyMethods Services, you agree to: (1) provide certain current, complete, and accurate information when prompted by the Services, and (2) maintain and update this information as required to keep it current, complete, and accurate. If any information provided by you during your registration – or changes to account information – is inaccurate, SurveyMethods reserves the right to immediately terminate your account and your right to use the SurveyMethods Services.
11. Abuse of the Services
SurveyMethods reserves the right to terminate your account if SurveyMethods determines you have not complied with any part of this Agreement.
12. User Conduct
SurveyMethods reserves the right – but does not assume responsibility – to monitor or review your conduct within the SurveyMethods Services. Your use of the SurveyMethods Services is subject to all applicable local, state, national, and international laws and regulations. You agree not to use SurveyMethods for any illegal purposes, disrupt networks connected to SurveyMethods, collect or misuse information about other users, transmit through the SurveyMethods Services any unlawful, harassing, defamatory, abusive, threatening, harmful, vulgar, obscene, sexually explicit, or otherwise objectionable material, create a false identity for the purpose of misleading others as to your identity or the origin of any message, transmit or upload any material that contains viruses or harmful content, attempt to gain unauthorized access to the Services, other accounts, computer systems, or networks connected to the Services, or engage in any conduct that, in SurveyMethods’ sole discretion, is considered inappropriate, unauthorized, or objectionable.
You agree to indemnify and hold SurveyMethods, its parent company, subsidiaries, affiliates, officers, employees, agents, directors, successors, and assigns harmless from any claim or demand – including reasonable attorneys’ fees – made by any third party due to or arising out of your use of the SurveyMethods Services; the violation of this Agreement by you; the infringement by you (or other user of the Services using your account) of any intellectual property or other right of any person or entity or violation of any federal, state, or local law or regulation.
You may immediately terminate your participation in the SurveyMethods Services with or without cause at any time. SurveyMethods may terminate the SurveyMethods Services or your use of the Services with or without cause at any time, effective immediately, at SurveyMethods’ sole discretion, including, but not limited to, immediate termination of your use of the SurveyMethods Services should your conduct fail to conform to the terms and conditions of this Agreement. SurveyMethods shall not be liable to you or any third party for termination of the SurveyMethods Services or termination of your use of the SurveyMethods Services. If you object to any terms and conditions of the Agreement or any subsequent modifications SurveyMethods makes to the Agreement, or become dissatisfied with the SurveyMethods Services in any way, your only recourse is to immediately: (1) discontinue use of the SurveyMethods Services and (2) notify SurveyMethods of your termination and, at your discretion, notify SurveyMethods of the reasons for your termination. Upon termination of your use of the SurveyMethods Services, your right to use the SurveyMethods Services shall immediately cease. You shall have no right and SurveyMethods shall have no obligation thereafter to forward any unread or unsent messages to you or any third party on your behalf. All appropriate sections shall survive termination of the Agreement.
15. Links to Third Party Sites
Any websites accessible via links within the SurveyMethods Services are not under SurveyMethods’ control. SurveyMethods shall not be responsible for the content, products, or services of any linked website. All such websites shall be subject to the policies and procedures of the owner of such websites. We encourage you to read those policies and know your rights under the specific policies of any website you visit.
16. Disclaimer of Warranties
You expressly agree that your use of the SurveyMethods Services is at your sole risk. The SurveyMethods Services are provided on an “as is” and “as available” basis. SurveyMethods expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. SurveyMethods makes no warranty that its Services will meet your requirements, or that its Services will be uninterrupted, timely, secure, or error-free. SurveyMethods makes no warranty as to results that may be obtained from the use of the Services; or as to the accuracy or reliability of any information obtained through the Services; or that defects in the software will be corrected. You acknowledge that SurveyMethods does not control content, information, products, or services offered by advertisers, third parties, or other users on or through the Services, including, but not limited to information, products, or services provided by license to SurveyMethods from third parties or content provided by other users. SurveyMethods assumes no responsibility for, and makes no warranty or representation as to, the accuracy, currency, completeness, reliability, usefulness, or decency of content or products distributed or made available by third parties (including, but not limited to, advertisers and users) through the SurveyMethods Services. You will be solely responsible for any damage to your computer system or loss of data resulting from your attempt to download material from the SurveyMethods Services. SurveyMethods makes no warranty regarding goods or services purchased or obtained or any transactions entered into through its Services. No advice or information, whether oral or written, obtained by you from SurveyMethods or through the SurveyMethods Services shall create any warranty not expressly made herein. Some jurisdictions do not allow the exclusion of certain warranties; therefore, some of the above exclusions may not apply to you.
17. Limitations of Liability
SurveyMethods shall not be liable for any indirect, incidental, special, or consequential damages, including, but not limited to, damages for loss of profits, use, data, or other intangibles even if SurveyMethods has been advised of the possibility of such damages resulting from the (i) use or the inability to use the Services; (ii) cost of procurement of substitute goods and services; (iii) any goods or services purchased or obtained or content received or transactions entered into with SurveyMethods or a third party through the use of the SurveyMethods Services; (iv) inaccuracy of any information obtained from use of the Services or reliance on such information; or (v) unauthorized access to your account or alteration of your account or data. You specifically agree that SurveyMethods is not responsible or liable to you or anyone else for any unlawful, harassing, defamatory, abusive, threatening, harmful, vulgar, obscene, sexually explicit, or otherwise objectionable conduct or speech of any other party on or through the SurveyMethods Services or for any infringement or violation of your rights by any other party, including, but not limited to, intellectual property rights, rights of publicity, or rights of privacy. Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages; therefore, some of the above limitations may not apply to you.
You agree to waive and discharge all claims, release SurveyMethods from all liability, and indemnify and hold harmless SurveyMethods as well as its subsidiaries, affiliates, parent company, officers, agents, and other partners and employees from any and all liability on account of, or in any way resulting from, damages in any way connected with using SurveyMethods. You agree, understand, and intend that this assumption of risk and release is binding upon you and your heirs, executors, agents, and administrators.
18. General Provisions
This Agreement shall be governed by and construed in accordance with the laws of the state district court of Maricopa County, Arizona, United States of America. You agree to submit to the exclusive jurisdiction of the court of Maricopa County, Arizona, United States of America, provided, however, that SurveyMethods, in its sole discretion, may elect to settle any litigation in any way arising out of or relating to this Agreement through binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such arbitration shall be conducted in Phoenix, Arizona, United States of America, and judgment on the arbitration award may be entered into in any court having jurisdiction thereof. If any provisions of the Agreement is held by a court of competent jurisdiction to be contrary to law, then such provisions shall be construed, as nearly as possible, to reflect the intentions of the parties with the other provisions remaining in full force and effect. SurveyMethods’ failure to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision unless acknowledged and agreed to by SurveyMethods in writing. You and SurveyMethods agree that any lawsuit arising out of or related to the Services must commence within one (1) year after the cause of action arises; otherwise, such cause of action is permanently barred. The section titles in this Agreement are solely used for the convenience of the parties; they have no legal or contractual significance.
19. Modifications to the Services and to Terms of Service
SurveyMethods reserves the right to modify or discontinue the Services with or without notice. SurveyMethods shall not be liable to you if the Services are modified or discontinued. SurveyMethods, in its sole discretion, may change the terms and conditions of the Agreement at any time. In the event of any material or substantial change in the terms and conditions of this Agreement, SurveyMethods may notify you via email, and/or by posting an announcement of the changes together with a link to the new Agreement on the SurveyMethods Services. By using the SurveyMethods Services after any change in the Agreement you acknowledge and accept changes to the Agreement.
20. Application Programming Interface (API)
Using the SurveyMethods API, customers can access their SurveyMethods account and utilize any of the available API function calls. Any use of our API, either directly or indirectly, is bound by our API Terms of Service. When you integrate with SurveyMethods, you must ensure that your system is integrated efficiently and seamlessly to minimize the number of API calls on SurveyMethods. Most importantly, you need to ensure that the number of API calls made during a short period is minimized. We reserve the right to throttle your API connections, suspend, or terminate your SurveyMethods account.