TERMS OF USE

1.

SERVICES VOID WHERE PROHIBITED:

Use of the Services is void where prohibited. By using WWW.SURVEYMETHODS.COM, you represent and warrant that you have the right, authority, and capacity to enter into this Agreement and to abide by all of the Terms & Conditions of this Agreement and all relevant local and international laws related to this Agreement.

2.

REGISTRATION:

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. WWW.SURVEYMETHODS.COM is a single user license.  You agree that by registering for an account on WWW.SURVEYMETHODS.COM that 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 on the registration section of WWW.SURVEYMETHODS.COM. In order to cancel your paid subscription you must sign into your account, go to the My Account section, and click on the Cancel My Subscription link.

3.

DESCRIPTION OF SERVICE:

SURVEYMETHODS allows registered users to create surveys, send them via email to individuals, post survey links on the internet, collected respondent data, manage email lists, and analyze survey data.

4.

LIMITATION OF LIABILITY:

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.

5.

CONTENT:

You are solely responsible for all data, text, software, sound, photographs, graphics, video, messages, files, or other materials ("Content") transmitted, posted, or distributed by you through the Service, including, but not limited to, contents of your e-mail communications, information, reviews, and photos or images posted by you in any of your account's surveys. All Content posted by you is your sole responsibility. SURVEYMETHODS does not control the Content posted by users such as you via the Service 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, e-mailed, or otherwise transmitted via the Service.

6.

NO "SPAMMING":

Users may not use SURVEYMETHODS services or features for chain letters, junk mail, bulk emails, marketing emails, or "spamming". Additionally users may not send emails to any person who has not specifically provided them permission to send them emails. NOTE: The use of 3rd party email lists is strictly prohibited. If any user uses the Service for spam, SURVEYMETHODS reserves the right to immediately terminate access to the Service and to seek appropriate legal recourse. All users must agree to use SURVEYMETHODS in accordance with the FTC Can-SPAM Laws, all other applicable U.S., state, local, and international laws. If any user believes that others are using the Service for spam, please contact SURVEYMETHODS by accessing http://www.surveymethods.com/contactus.aspx

7.

NOTICES:

SURVEYMETHODS may deliver notices to you via e-mail, posting(s) on the SURVEYMETHODS web site, or other reasonable means. You must give notice to SURVEYMETHODS in writing via e-mail or as otherwise expressly provided by SURVEYMETHODS. SURVEYMETHODS may broadcast, distribute, or display notices or messages through the SURVEYMETHODS Service to inform you of changes to the Agreement, the Service, the Privacy Policy, or other matters of importance. Such broadcast, distributions, or displays of information shall constitute notice to you.

8.

PRIVACY POLICY:

SURVEYMETHODS policy is to respect our users' privacy. SURVEYMETHODS policies with regard to personally identifiable information it collects from you, what information third parties affiliated with SURVEYMETHODS collect from you, and how that information is used is governed by the SURVEYMETHODS Privacy Policy, which you can access on WWW.SURVEYMETHODS.COM/PrivacyPolicy.aspx. You agree to allow SURVEYMETHODS to showcase your organization's name and logo on our customer lists (unless agreed upon otherwise by both parties herein), we do not share any personalized information.

9.

SECURITY:

You are solely responsible for maintaining the confidentiality of your password and account. You are also solely responsible for any and all account activities. You are responsible for any data that you delete in your account. NOTE: Our privacy policies require us to purge data that you delete. When you delete data in your account, it is deleted immediately. Your data in our backup systems are then deleted between 12 and 48 hours from the time you delete data in your account. SURVEYMETHODS is not responsible for recovering any data that is deleted by users of your account. You may change your password or any other account information at any time by following instructions available on your My Account or on your My SURVEYMETHODS Page. You may also set up a new account at any time. You agree to notify SURVEYMETHODS immediately of any unauthorized use of your account or any other known breach of security. You must promptly inform SURVEYMETHODS of actual or apparent breaches of security, such as loss, theft, or authorized disclosure or use of a User Account or password. Until SURVEYMETHODS is notified by email of a breach in security, you will remain liable for any unauthorized use of the SURVEYMETHODS Service through your account. In consideration for using the SURVEYMETHODS Service, you agree to: (1) provide certain current, complete, and accurate information when prompted by the Service, 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 Service.

10.

ABUSE OF THE SERVICE:

SURVEYMETHODS reserves the right to terminate your account if SURVEYMETHODS determines you have not complied with any part of this Agreement.

11.

USER CONDUCT:

SURVEYMETHODS reserves the right-but does not assume the responsibility-to monitor or review your SURVEYMETHODS Service conduct. Your use of the SURVEYMETHODS Service 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.COM, collect or misuse information about other users, transmit through the SURVEYMETHODS Service 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 Service, other accounts, computer systems, or networks connected to the Service, or engage in any conduct that, in SURVEYMETHODS's sole discretion, is considered inappropriate, unauthorized, or objectionable.

12.

INDEMNIFICATION:

You agree to indemnify and hold SURVEYMETHODS, its parent company, subsidiaries, affiliate, 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 Service; the violation of this Agreement by you; the infringement by you (or other user of the Service 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.

13.

TERMINATION:

You may immediately terminate your participation in the SURVEYMETHODS Service with or without cause at any time. SURVEYMETHODS may terminate the SURVEYMETHODS Service or your use of the Service with or without cause at any time, effective immediately, at SURVEYMETHODS's sole discretion, including, but not limited to, immediate termination of your use of the SURVEYMETHODS Service 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 Service or termination of your use of the SURVEYMETHODS Service. 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 Service in any way, your only recourse is to immediately: (1) discontinue use of the SURVEYMETHODS Service 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 Service, your right to use the SURVEYMETHODS Service 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.

14.

LINKS TO THIRD PARTY SITES:

Any web sites accessible via links within the SURVEYMETHODS Service are not under SURVEYMETHODS's 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 web site you visit.

15.

DISCLAIMER OF WARRANTIES:

You expressly agree that your use of the SURVEYMETHODS service is at your sole risk. The SURVEYMETHODS service is 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 service will meet your requirements, or that its service will be uninterrupted, timely, secure, or error-free. SURVEYMETHODS makes no warranty as to 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; 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 service, 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 service. 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 service. SURVEYMETHODS makes no warranty regarding goods or services purchased or obtained or any transactions entered into through its service. No advice or information, whether oral or written, obtained by you from SURVEYMETHODS or through the SURVEYMETHODS service 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.

16.

LIMITATION 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 service; (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 service; (iv) inaccuracy of any information obtained from use of the service 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 service 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.

17.

GENERAL PROVISIONS:

This Agreement shall be governed by and construed in accordance with the laws of the state district court of Collin County, Texas, United States of America. You agree to submit to the exclusive jurisdiction of the courts of Collin County, Texas, 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 Dallas, Texas, United States of America, and judgment on the arbitration award may be entered into in any court having jurisdiction thereof. If any provision(s) of the Agreement is held by a court of competent jurisdiction to be contrary to law, then such provision(s) 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's 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 this Service 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.

18.

MODIFICATIONS TO THE SERVICE AND TO TERMS OF SERVICE:

SURVEYMETHODS reserves the right to modify or discontinue Services with or without notice. SURVEYMETHODS shall not be liable to you if Service is 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 e-mail, and/or by posting an announcement of the changes together with a link to the new Agreement on the SURVEYMETHODS Service. By using the SURVEYMETHODS Service after any change in the Agreement you acknowledge and accept changes to the Agreement.