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Last Revised March 11, 2003 Welcome to Advanced Survey. We are glad that you have decided to join our service. Before you begin setting up your account and using our service, please take a moment to review the following. Advanced Survey®, A Service of CTQ Media ("Advanced Survey"), provides this site on the World Wide Web ("Site") subject to compliance with the following terms and conditions (the "Agreement") and all applicable laws and regulations, including laws and regulations governing copyright, patent, trade secrets and trademark. By using an Advanced Survey Account, you agree to be bound by all these terms and conditions along with all amendments, operating rules, and policies relating to the Services provided hereunder. Advanced Survey reserves the right to change or modify any of these Terms and Conditions or any policy or guideline of the Site, at any time and in its sole discretion, but will alert you that changes have been made by indicating on these Terms and Conditions the date they were last updated. Your continued use of this Site following posting of its changes or modifications will constitute your acceptance of such changes or modifications. 1. THE SERVICE The Advanced Survey Service ("Service") consists of a browser interface, software applications, data storage, data transmission, data access and data storage. You are responsible for obtaining and maintaining all computer hardware, software and communications equipment needed to access the Service. Advanced Survey makes no guarantees as to the continuous availability of the Service or of any specific feature(s) of the Service. At any time Advanced Survey may without notice make changes to this site or to the online services or products described in this site. Unless explicitly stated otherwise, any new features that augment or enhance the current Service will be subject to the terms of this Agreement. Except as set forth herein, no rights of any kind are granted with respect to the Service. You must complete the registration form on the Account Sign Up page in order to use the Service. You will provide true, accurate, current, and complete information about yourself as requested in the sign up form. As part of the registration process, you will identify an email address and password for your Advanced Survey account. You are responsible for maintaining the security of your account, passwords, and files, and for all uses of your account and of the Service in your name. Advanced Survey reserves the right to refuse registration of, or cancel, accounts it deems inappropriate. Advanced Survey is a robust, advanced survey system but is not appropriate for some large surveys (>20,000 data points, where the quantity of data points are defined as the product of the number of questions and the number of respondents). Please contact Advanced Survey Support before signing up if you have questions about the appropriateness of Advanced Survey service in meeting your survey needs. Users of the Service, which includes survey owners and participants, must use an Internet browser that allows cookies to be stored and has JavaScript enabled. Please see our Privacy Policy for further information on the collection of personally identifiable information. 2. USE OF PROPRIETARY SOFTWARE Subject to the terms and conditions of this Service Agreement, Advanced Survey grants you an individual, non-sublicensable, non-exclusive and non-transferable license (the "License") to use its proprietary software, in object code form only, and only in accordance with the applicable end user documentation, if any, and only in conjunction with this Service Agreement. You will not, directly or indirectly, reverse engineer, decompile, disassemble or otherwise attempt to discover the source code or underlying ideas or algorithms of the software; modify, translate, or create derivative works based on the software; or copy (except for archival purposes), rent, lease, distribute, assign, or otherwise transfer rights to the software; use the software for timesharing or service bureau purposes or otherwise for the benefit of a third party; or remove any proprietary notices or labels on the software. As between the parties, you acknowledge that Advanced Survey and its licensors retain ownership of all software, any portions or copies thereof, and all rights therein including the Advanced Survey Site, the Services, the Advanced Survey logo and trademarks (including, but not limited to, graphics, data, layout, "look and feel", inventions, patents, computer code, methods, and processes). Upon termination of this Agreement for any reason, this License will terminate and you will destroy and cease to use the software. THE SOFTWARE IS PROVIDED "AS IS" AND SUBJECT TO THE WARRANTY DISCLAIMERS AND LIMITATIONS OF LIABILITY FOUND IN THIS AGREEMENT. 3. RESTRICTIONS AND POLICIES You will not use the service in any way for spamming (sending unsolicited emails), chain letters, junk mail or distribution lists to any person who has not given specific permission to be included in such a process, as required by applicable law. You will not use or link to the service within any spam that is sent through any other channel. You agree not to transmit through the Service any unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene or otherwise objectionable material of any kind. You may not harass, abuse, threaten, or advocate violence against other members or individuals or groups. You may not post content that is harmful to minors. You may not post content that is obscene, otherwise objectionable, or in violation of federal or state law. You will only use the Service for lawful purposes, in compliance with all applicable national and international laws and regulations including, without limitations, copyright, trademark, obscenity and defamation laws. Unlawful activities may include (without limit) storing, distributing or transmitting any unlawful material, attempting to compromise the security of any networked account or site, or making direct threats of physical harm. You agree not to frame or use web framing technique to enclose any Advanced Survey logo, trademark, or other proprietary information (including the images, content, or layout/design of any page) without Advanced Survey's express written consent. You hereby agree to indemnify and hold Advanced Survey, its parents, subsidiaries, affiliates, officers and employees, and users, 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 Service, your violation of this Agreement, or your infringement of any intellectual property or other right of any person or entity through your use of the Service. It is Advanced Survey policy to respect the privacy of its customers. For more information, please see our full privacy policy (http://www.advancedsurvey.com/privacy.asp). Nevertheless, Advanced Survey reserves the right to access, use, transmit, copy, adapt, publicly display, perform, cache and disclose any information, data, graphics, video, sound, files and other content created by, provided by, or accessed by you ("Content") in order to comply with applicable laws and lawful government requests, to operate its business properly, or to protect itself. This may also include disclosing licensee's names and other registration and identification information. Advanced Survey reserves the right in its sole discretion, but will not be obligated, to remove any Content from its system. Advanced Survey will fully cooperate with law enforcement authorities in investigating suspected lawbreakers, and reserves the right to report to such authorities any suspect activity it becomes aware of. YOU ACKNOWLEDGE AND AGREE THAT ADVANCED SURVEY DOES NOT ENDORSE THE INFORMATION OR MATERIALS IN ANY CONTENT OR ASSUME ANY RESPONSIBILITY FOR THE VERACITY OR ACCURACY, OR FOR ANY THREATENING, LIBELOUS, DEFAMATORY, OBSCENE, HARASSING OR OFFENSIVE MATERIAL CONTAINED THEREIN, ANY INFRINGEMENT OF THIRD PARTY INTELLECTUAL PROPERTY RIGHTS ARISING THEREFROM OR ANY CRIME FACILITATED THEREBY. 4. DATA MAINTENANCE Accounts will remain active and all surveys generated and data collected will remain active in the Advanced Survey system provided a user has logged in to Advanced Survey at least once in any six month period. If a Basic Account user has not logged into the Advanced Survey system in six months, Advanced Survey has the right to delete the account and/or surveys and/or survey data collected. Enhanced Account users' data will be maintained as long as an Enhanced Account is paid in full; otherwise, the account defaults to a Basic Account and follows the policy above. 5. SUPPORT Subject to the terms hereof, Advanced Survey will provide you with help support services for the Service and associated software. Free Services will not include any email support; Enhanced Services will include email support. Please see the page Account Types: Basic or Enhanced? (http://www.advancedsurvey.com/accounts.asp) for more information. Under no circumstances will Advanced Survey have any obligation to provide you with hard-copy documentation, upgrades, enhancements, modifications, or toll/toll-free phone support. 6. WARRANTY DISCLAIMER To the extent you utilize Advanced Survey's online services, you acknowledge that there cannot be a guarantee that communications or survey transactions conducted online will be absolutely secure. You are solely responsible for maintaining the confidentiality of your account password, and agree that Advanced Survey will have no obligations with regard thereto. You agree not to give your account password to anyone. If you believe your password has been lost or stolen or someone has gained access to your account without your permission, contact us immediately. In addition, you are solely responsible for ensuring that your survey, the data collected and stored, and the procedures for inviting participants meet all applicable regulatory and company guidelines pertaining to your use. YOU EXPRESSLY AGREE THAT USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, AND ADVANCED SURVEY DISCLAIMS ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. ADVANCED SURVEY MAKES NO WARRANTY THAT THE SERVICE WILL MEET YOUR REQUIREMENTS, OR THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, VIRUS FREE, OR ERROR FREE; NOR DOES ADVANCED SURVEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICE, INCLUDING, WITHOUT LIMITATION, THROUGH HYPERLINKS TO THE WEB SITES OF THIRD PARTIES OR THAT DEFECTS IN THE SOFTWARE FOR THE SERVICE WILL BE CORRECTED. IT IS SOLELY YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS AND USEFULNESS OF THE SERVICE AND INFORMATION RECEIVED USING THE SERVICE. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA TRANSMITTED OR OBTAINED THROUGH THE USE OF THE SERVICE 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 SUCH TRANSMISSIONS OF SUCH MATERIAL AND/OR DATA. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE SERVICE OR THROUGH THE SERVICE WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. Your sole and exclusive remedy for any failure or nonperformance of the Service shall be for Advanced Survey to use commercially reasonable efforts to adjust or repair the Service. For purposes of identification, billing and marketing, you agree to provide Advanced Survey with current, accurate, complete, and updated information required by the registration for Online Billing, including legal name, address, telephone number(s), and applicable payment data (e.g. credit card number). You agree to update your Advanced Survey account information immediately of any changes in your registration data. Proceeding with the registration process indicates your intent to comply with this term. Please review our Privacy Statement. 7. LIMITATION OF LIABILITY ADVANCED SURVEY WILL NOT BE LIABLE IN ANY EVENT FOR LOSS OR INACCURACY OF DATA, LOSS OF PROFITS OR REVENUE, INTERRUPTION OF BUSINESS, OR INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, THE COST OF ANY SUBSTITUTE PROCUREMENT), WHETHER OR NOT FORESEEABLE AND EVEN IF ADVANCED SURVEY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. You represent, covenant, and warrant that you will use the Service only in compliance with the Agreement and all applicable laws (including but not limited to policies and laws related to spamming, privacy, obscenity, or defamation). You hereby agree to indemnify and hold harmless Advanced Survey and parent company iSixSigma against any damages, losses, liabilities, settlements, and expenses (including without limitation costs and reasonable attorneys' fees) in connection with any claim or action that arises from an alleged violation of the foregoing or otherwise arising from or relating to your use of the Service. 8. COPYRIGHTS, TRADEMARKS All text, graphics, information and materials, as well as the selection and arrangement thereof, on the Site is protected under copyright © 1999-2013. You may view, copy or print pages from this site solely for personal, non-commercial purposes. You may not otherwise use, modify, copy, print, display, reproduce, distribute or publish any information from this site without the express written permission of Advanced Survey. Advanced Survey is protected under copyright laws. Direct and indirect damages, including without limitation statutory damages for copyright infringement, will be awarded in favor of Advanced Survey for any violation of the restrictions in this Agreement. Advanced Survey and all page headers, custom graphics and button icons on the Site are trademarks, service marks and/or trade dress of Advanced Survey. All other trademarks, product names and company names or logos cited on the Site are property of their respective owners. ALL RIGHTS ARE RESERVED AND NO TRADEMARK LICENSE IS GRANTED HEREBY. In using a free, Basic Advanced Survey account, you hereby agree to allow Advanced Survey to use your company's name in Advanced Survey promotional materials. 9. NOTICES All notices to a party will be in writing and will be made either via email, facsimile or conventional mail. Notices will be sent, if to customer, to the latest email or street address Advanced Survey has on record, and if to Advanced Survey, to the following: support@advancedsurvey.com. 10. MISCELLANEOUS You agree that use of your Account and the Advanced Survey Service is for your individual use only -- sharing Account identification login information is strictly prohibited and is grounds for Account termination. The failure of either party to exercise in any respect any right provided for herein will not be deemed a waiver of any further rights hereunder. If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable. This Agreement is not assignable, transferable or sublicensable by you except with Advanced Survey's prior written consent. Advanced Survey may assign this Agreement to any third party at its sole discretion. This Agreement will be governed by and construed in accordance with the laws of the state of Washington without regard to the conflict of laws provisions thereof. You and Advanced Survey agree to submit to the exclusive jurisdiction of the courts located within the County of Kitsap, Washington. Both parties agree that any cause of action arising out of or related to this Agreement must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred. In any action or proceeding to enforce rights under this Service Agreement, the prevailing party will be entitled to recover costs and reasonable attorneys' fees. Both parties agree that this Agreement is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of this Agreement, and that all modifications must be in a writing signed by both parties, except as otherwise provided herein. No agency, partnership, joint venture, or employment is created as a result of this Service Agreement and you do not have any authority of any kind to bind Advanced Survey in any respect whatsoever. The Site may have links to other sites on the World Wide Web; such inclusion of links to these sites is not an endorsement of such sites and Advanced Survey makes no warranty or representation regarding the content (its accuracy, timeliness or otherwise) or the products and/or services available on such sites. All risk for linking to and interacting with such sites is borne by the visitor. The section titles in this Agreement are solely used for the convenience of the parties and have no legal or contractual significance. 11. TERMINATION You may terminate this Agreement at any time by sending an email message to Terminations@AdvancedSurvey.com. There are no refunds for any fees paid. By sending an email, you are requesting to have all surveys, participant responses and your account details completely removed from our systems. The action of terminating your account cannot be reversed. Advanced Survey may terminate this Agreement or the Service at any time with or without cause, and with or without notice. Advanced Survey shall have no liability to you or any third party because of such termination.
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Copyright © 1999-2013 Advanced Survey, a Division of CTQ Media. All rights reserved. |
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