eSurveysPro.com ("we" or "eSurveysPro.com") is owned and operated
by Outside Software Inc. We provide and maintain an Internet Web site (the "Site")
for the benefit of users of our services ("you" or "User"). On our Site we
provide hosted tools and processes to allow you to create individualized
surveys, obtain survey results, and use related services ("Services").
The Services and use of the Site are provided to you
Use" or "Agreement") and our Privacy
Policy, and any other rules and policies set forth on this Site. The terms
and conditions below and any other rules or policies set forth on this Site
comprise the entire agreement between you and eSurveysPro.com and supersede all prior
agreements between us.
1. ACKNOWLEDGMENT AND ACCEPTANCE.
PLEASE READ THE FOLLOWING TERMS OF THIS AGREEMENT CAREFULLY. BY
COMPLETING THE REGISTRATION PROCESS, YOU ACCEPT AND AGREE TO ALL OF THE TERMS
ACKNOWLEDGE THAT YOU ARE 18 YEARS OF AGE OR OLDER.
2. USER RESPONSIBILITIES.
important obligations. You agree to the following responsibilities:
Compliance with our Anti-Spam policy. Please see Section 7 below.
Lawful use of the Services only. Please see Section 8 below.
Creation and maintenance of all content in the account including but not
limited to survey content, email content, address books and current billing and
Email list and Address Book maintenance including opt-out contact
information and immediate removal of opt-outs and bounces from email lists and
the address book.
Payment of all agreed subscription fees.
Full responsibility for all activity associated with your use of our Site
We reserve the right to deactivate your account(s) as we deem
appropriate or necessary, without notice. You enter and use the Site and the
Services at your own risk. eSurveysPro.com is not responsible for your activities,
surveys, content, results or questions from respondents, other data, or any
other matter concerning your use of the Site or the Services. We recommend that
you keep track of your survey results and other data in your own personal
records, as we reserve the right to discontinue your account(s) or terminate the
Services at any time. We are not responsible for the deletion of any data that
is in or has been added to your account(s). If a User account remains inactive
for a period of 18 months, we will deactivate the account.
You acknowledge and agree that we may, with or without notice,
modify or terminate the Services and/or the Site. Further, we may modify these
Modifications of the Service may include, without limitation, changes in the
maximum allowable memory space, number of entries allowed in the Email List
Manager, number of survey respondents, number of surveys, and number of survey
questions that may be created, saved, sent or used through the Site.
will notify you of changes we make by posting a notice on our Site, or, if we
choose, by sending you an email. If you do not accept the changes, you must
terminate your subscription or other use at that time. Your use of the Site or
the Services after the notice is posted (or we send you the email) shall be
deemed to be acceptance of the modification or termination of the Services or
4. PAYMENT TERMS; AUTOMATIC RENEWAL;
You agree to pay all charges to your account,
including any applicable taxes, at the rates in effect when the charges are
incurred. We may change the fees and charges then in effect, or add new fees or
charges, by giving Users advance notice. You must provide our payment provider (Share*it or Paypal) with valid credit
card information, and must promptly update the Account Information page in
your Share*it or Paypal account with any changes in credit card validity or expiration date. We will
keep your credit card information confidential.
We will automatically
renew and charge your account upon every expiration date of your subscription,
until you cancel your subscription in your Share*it or Paypal account.
The renewal charge will be equal to the original subscription price, unless we
notify you otherwise in advance. You may cancel your subscription at any time by
logging into your Share*it or Paypal account. Upon receipt of your cancel selection, we will promptly terminate
your access to the Services. NO REFUNDS OF SUBSCRIPTION FEES WILL BE GIVEN. If
payment cannot be charged to the credit card you have on file with us, we
reserve the right to suspend or terminate your account and access to the
Services. We reserve the right to terminate your subscription and/or
discontinue Services at any time for any reason.
5. REGISTRATION & PASSWORD.
will provide current, complete, accurate information in the registration section
of the Site. You will further update and keep that information current as
needed. You will provide a password in order to access the Services and your
account. Email login must be a valid email address maintained by you. You are
solely responsible for maintaining the confidentiality of your password and
account information. You will immediately notify us of any unauthorized account
activity, or any unauthorized use of your email list(s) or any other breach of
security you become aware of.
eSurveysPro.com is a single user service.
Multiple logins and passwords to the same account are not available or
permitted. You may not share logins and passwords with others. Sharing login
information is in violation of this Agreement and may result in immediate
We are committed to
protecting the privacy and confidential information of Users. For more
for all decisions with respect to the personally identifiable information of
persons that respond to your surveys or to whom you
send surveys. You represent and warrant that your surveys will not target children under 13 and
that you will not knowingly collect personally identifiable information from
children under 13.
We agree not to use any
of your Confidential Information (defined below) for any purpose except to
operate the Site and Services in accordance with this Agreement. We agree not to
disclose any of your Confidential Information to any third party other than to
our employees and consultants who are bound by confidentiality obligations and
are required to have access to the Confidential Information in order to operate
the Site and Services. Nothing in this Agreement limits our right to
independently develop, acquire or market products, ideas, or businesses, without
use of your Confidential Information. "Confidential Information may include
solely to the extent entered into the Services or Site by you, (a) technical
information, know-how and other intellectual property, to the fullest extent
that such information is maintained as a trade secret by you; (b) confidential
marketing strategies; (c) confidential future product plans; (d) confidential
financial information (including pricing); and (e) other confidential business
information. Confidential Information will not include any information that (i)
was publicly known and generally available in the public domain prior to the
time of disclosure by you; (ii) becomes publicly known and generally available
after disclosure by you through no action or inaction of ours; (iii) is already
in our possession at the time of disclosure by you; (iv) is obtained by us from
a third party without a breach of such third party's obligations of
confidentiality; (v) is independently developed by us without use of or
reference to your Confidential Information; or (vi) is required by law to be
disclosed by us, provided that we give you prompt written notice of such
requirement prior to such disclosure and assistance in obtaining an order
protecting the information from public disclosure.
7. ANTI-SPAM POLICY.
leading Web-based application for research and feedback, is committed to being a
trusted member of the Internet community. As such, we have adopted a firm
anti-spam stance. Spam can deluge a recipient's email box and waste the
recipient's time and money. Spam often causes recipients to complain to their
Internet Service Providers who in turn may block or restrict access from
legitimate services like eSurveysPro.com, and Users, like you.
recipients be free from spam, and to maximize the availability of our Services
to our community of Users, we have taken a "zero tolerance" stand against spam.
You acknowledge, warrant and agree that:
You will not engage in any spamming activities in your use of the Services.
You understand that eSurveysPro.com is serving as "survey host" and is not the
sender or originator of any survey, and that you are therefore solely
responsible for your emailing activities using the Services.
You warrant that you either have an ongoing business or personal
relationship with or have obtained consents to send emails inviting
participation in a survey to the persons on your own email list and on any lists
you have acquired from a third party.
Your use of the Site and Services will not violate any U.S. or foreign
spamming, junk mail or other related laws or regulations prohibiting or
discouraging unsolicited mail.
If you engage in any unlawful spamming activity, eSurveysPro.com will report such
conduct to the appropriate authorities and turn over any and all information,
including personally identifiable information, to appropriate law enforcement
persons or entities.
- We may request at any time that you provide proof that your email recipients
have agreed to receive emails from you. We may require that you provide the name
of a list vendor and documentation of specific opt-in processes you or the
vendor have used.
We will terminate the account of any User determined to have used the
Services in connection with any spam email or otherwise breached these Terms of
Use. Please be advised that we may also terminate your account if your mailings
result in high bounce rates, a report or complaint of spam against the sender,
poor monitoring of recipient consents including lax address book and email list
management, or lack of compliance with anti-spam guidelines. We reserve the
right to terminate your account(s) and your use of the Services, without notice,
if we believe your activities are not in compliance with this Anti-Spam policy.
We thank you for your compliance with our Anti-Spam policy and your commitment
to good emailing practices.
8. OTHER PROHIBITED USES.
You acknowledge, warrant and agree that:
You will not transmit through the Service or the Site any pornographic,
obscene, offensive, threatening, harassing, libelous, hate-oriented, harmful,
defamatory, racist, illegal or otherwise objectionable material or content.
You will not send any transmission that attempts to hide your identity or
represents you as someone else.
Any attempt by you to transmit, publish or distribute material or content
that promotes, provides or relates to instructional information about illegal
activities or promotes physical harm or injury against any individual or group
is strictly prohibited.
You will not use the Service or the Site to send any materials, including
surveys and requests to take surveys, to any persons under 18 years of age
unless and until you have taken and follow all necessary action and compliance
pursuant to state and federal laws.
You will not upload or distribute in any way any files that contain viruses,
corrupted files or any similar software or programs that may damage the
operation of anyone else's computer, the Service or the Site.
You will not interfere or disrupt networks connected to the Service and the
Any attempt by you to gain unauthorized access to any computer system,
including accounts, lockers or databases maintained by and for eSurveysPro.com, is
- You will comply with all laws, rules and regulations regarding transmission
of technical data exported from the United States.
If you engage in any activity set forth in this paragraph or violate any
use of the Service and Site prohibited. We will report any unlawful conduct to
the appropriate authorities and turn over any and all information regarding such
activity to appropriate persons or entities.
9. DISCLAIMER OF WARRANTIES.
YOU EXPRESSLY ACKNOWLEDGE
AND AGREE THAT USE OF THE SERVICE AND THE SITE IS AT YOUR SOLE RISK. THE SERVICE
AND THE SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS.
TO THE FULLEST EXTENT ALLOWED BY LAW, ESURVEYSPRO.COM EXPRESSLY DISCLAIMS ALL
WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING,
BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE AND NON-INFRINGEMENT. THE CONTENTS OF THE SERVICES OR THE SITE MAY
CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. ESURVEYSPRO.COM ASSUMES NO
LIABILITY OR RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN CONTENT.
ESURVEYSPRO.COM IS NOT RESPONSIBLE FOR THE CONTENTS OF ANY SURVEY OR INVITATIONS TO
TAKE SURVEYS OR INVITATIONS TO VIEW SURVEY RESULTS CREATED ON OR THROUGH THE
SERVICE NOR IS IT RESPONSIBLE FOR THE RESPONSES SUBMITTED TO ANY SURVEY REQUESTS
OR FOR THE RESULTS GENERATED BY SURVEY RESPONSES. ESURVEYSPRO.COM DOES NOT WARRANT OR
MAKE ANY REPRESENTATIONS REGARDING THE RELIABILITY OR ACCURACY OF THE
REGISTRATION INFORMATION SUPPLIED TO ESURVEYSPRO.COM NOR THE RESPONSES OR INFORMATION
SUPPLIED BY SURVEY RESPONDENTS TO USERS IN RESPONSE TO SURVEYS. ESURVEYSPRO.COM DOES
NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE CONSEQUENCES OF
THE USE OF ANY SURVEY, SURVEY RESPONSES OR SURVEY RESULTS NOR DOES ESURVEYSPRO.COM
WARRANT THE CORRECTNESS, USEFULNESS, RELIABILITY, ACCURACY OR OTHERWISE OF ANY
SURVEY, SURVEY RESPONSES OR SURVEY RESULTS. ESURVEYSPRO.COM IS NOT RESPONSIBLE FOR ANY
DAMAGES, INCLUDING WITHOUT LIMITATION, LOST PROFITS, BUSINESS INTERRUPTION OR
OTHER LOSS RESULTING FROM USE OF OR RELIANCE IN ANY WAY ON ANY SURVEY, SURVEY
RESPONSES OR SURVEY RESULTS CREATED ON OR THROUGH THE SERVICE OR THE SITE. IT IS
SOLELY YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, RELIABILITY, COMPLETENESS
AND USEFULNESS OF ANY SURVEYS, SURVEY RESPONSES, SURVEY RESULTS OR OTHER
INFORMATION RECEIVED WHILE USING THE SERVICE OR SITE.
ESURVEYSPRO.COM MAKES NO WARRANTY THAT THE SERVICE OR SITE WILL MEET YOUR
REQUIREMENTS OR THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE,
VIRUS-FREE, ERROR-FREE, ACCURATE OR RELIABLE; NOR DOES ESURVEYSPRO.COM MAKE ANY
WARRANTY AS TO ANY INFORMATION THAT MAY BE OBTAINED THROUGH THE SERVICE OR SITE
OR THAT DEFECTS IN THE SOFTWARE FOR THE SERVICE WILL BE CORRECTED OR THAT THE
SITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR
OTHERWISE OBTAINED THROUGH USE OF THE SERVICE OR SITE IS DONE AT YOUR OWN
DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO
YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH
MATERIAL OR DATA.
ESURVEYSPRO.COM MAKES NO WARRANTY REGARDNG ANY GOODS OR SERVICES PURCHASED OR
OBTAINED THROUGH THE SERVICE OR SITE OR ANY TRANSACTIONS ENTERED INTO THROUGH OR
BASED UPON THE SERVICE OR THE SITE.
NO ADVICE OR INFORMATION, WHETHER ORAL
OR WRITTEN, OBTAINED BY YOU FROM THE SERVICE OR SITE OR THROUGH THE SERVICE OR
SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
10. LIMITATION OF LIABILITY.
TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE
LAW, NEITHER ESURVEYSPRO.COM NOR ANY PARENT ENTITIES, SUBSIDIARIES, AFFILIATES,
OFFICERS OR EMPLOYEES SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL,
INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF YOUR ACCESS TO, USE
OF, INABILITY TO USE, OR RELIANCE ON THE SERVICE OR ANY SURVEYS, SURVEY
RESPONSES OR SURVEY RESULTS, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IF YOU ARE DISSATISFIED WITH THE SERVICE, THE MATERIALS AVAILABLE ON OR THROUGH
THE SERVICE OR THE SITE, OR WITH ANY OF THE TERMS OF THIS AGREEMENT, YOUR SOLE
AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICE AND LEAVE THE SITE
11a. PROPRIETARY RIGHTS.
eSurveysPro.com owns the content including the graphics, names,
text, software, music, videos, sound, pictures, compilations, survey templates,
surveys, page layout, design, processes, procedures, magnetic translation,
digital conversion or other material contained in the Service and the Site to
the extent such content is provided and/or designed by eSurveysPro.com. It is all
protected by copyrights, trademarks, service marks, patents, trade secrets, or
other proprietary rights and laws. No one may copy, reproduce, distribute in any
way, or decompile, reverse engineer or disassemble the content. You are
permitted the limited license to use the content of the Service and the Site as
authorized herein to create surveys and view survey responses and survey results
for your personal use as an end product only, and you must at all times maintain
eSurveysPro.com's copyright symbol on the product in any form or medium. While your
account is active, you will have the right to access your surveys, survey
responses, survey results and related survey data, and you assume the entire
risk of disclosing such content to third parties. Modification or use of
eSurveysPro.com's content in any prohibited way is a violation of copyright and other
proprietary laws. No one may copy, reproduce, transmit, post, distribute or
create derivative works from this Site without prior express authorization.
11b. NO MISAPPROPRIATION OR MISUSE OF
NAMES, MARKS, OTHER PROPRIETARY MATERIAL.
You agree not to use,
misuse or misappropriate any brand names, trademarks, service marks, patents,
images, text or other proprietary material or content of another on or through
the Service or the Site. If you use any such proprietary material or content, by
doing so, you warrant that you have the right and authority to do so.
12. LINKS AND ADVERTISERS.
eSurveysPro.com may provide advertising space and/or links
and pointers to Internet sites maintained by third parties. eSurveysPro.com has not
reviewed all of the third -party sites nor reviewed any products or services
they may provide. eSurveysPro.com is not responsible for nor does it endorse the
contents or any products or services of such third parties or their sites.
eSurveysPro.com DOES NOT CONTROL IN ANY RESPECT ANY INFORMATION, PRODUCTS OR SERVICES
OFFERED OR SUGGESTED BY THIRD PARTIES ON THE SITE. eSurveysPro.com DOES NOT ENDORSE OR
OTHERWISE WARRANT OR GUARANTEE THE PRODUCTS OR SERVICES THAT ARE EITHER
ADVERTISED ON THE SITE OR CONNECTED BY LINK.
eSurveysPro.com shall not be liable to you or any third party in any manner for
termination of the Service. In the event you should become dissatisfied with the
only recourse is to discontinue use of the Service, terminate your subscription,
and give notice to us of these actions. Upon termination, your right to use the
Service and the Site cease immediately and eSurveysPro.com shall have no obligation
whatsoever to retain, forward or make available to you any surveys, survey
responses or survey results.
agree to defend, indemnify and hold harmless eSurveysPro.com, its parent entities,
subsidiaries, affiliates, officers, and employees, from any and all claims and
demands, including attorneys' fees, due to or arising from your use of the Site
or the Service, surveys, survey responses, survey results and any other conduct
related in any way to the Service or the Site, including but not limited to
Convention on Contracts for the International Sale of Goods. eSurveysPro.com makes no representation that the
materials and content on the Site or relating to the 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 Site from other locations do so on their own initiative and at their own
risk and are responsible for compliance with local laws. Any claim or demand
16. NATURE OF AGREEMENT.
You agree that your completion of the registration
Use are the entire and only agreement between you and eSurveysPro.com and supersede
any prior or other understandings, representations or warranties including, but
not limited to, any nondisclosure agreements, purchase orders, license
agreements, service agreements, invoices or other terms and conditions that you
may provide to us in respect of the Site or Services. You agree that each use of
the Services and the Site reaffirms your acknowledgment and agreement to the
17. GENERAL PROVISIONS.
In any dispute arising from the relationship between you
reasonable attorneys' fees and costs. The failure by eSurveysPro.com to enforce any
of competent jurisdiction, the other provisions shall remain in full force and