1. ACKNOWLEDGMENT AND ACCEPTANCE.
PLEASE READ THE FOLLOWING TERMS OF AGREEMENT CAREFULLY. BY COMPLETING THE REGISTRATION PROCESS AND CREATING AN ALPHAMEASURE ACCOUNT, YOU ACCEPT AND AGREE TO ALL OF THE TERMS AND CONDITIONS SET FORTH IN THE TERMS OF AGREEMENT, INCLUDING ALL WARRANTIES AND PROMISES BY MEMBER. MEMBER HEREBY ACKNOWLEDGES AND WARRANTS THAT MEMBER IS 18 YEARS OF AGE OR OLDER.
2. SERVICE PROVIDED.
3. MODIFICATION TO SERVICES PROVIDED; TERMS OF AGREEMENT.
4. PAYMENT TERMS.
Member agrees to pay all charges to Member’s account, including any applicable taxes, at the rates in effect when the charges are incurred. EngagedMetrics may change the fees and charges then in effect, or add new fees or charges, by giving Members notice in advance, when the change affects the Member. Member must provide EngagedMetrics with valid credit card (or net 30 days terms if approved) information, and must promptly inform EngagedMetrics of any changes in credit card validity or expiration date. EngagedMetrics will keep Member’s credit card information confidential, and ensure that credit card processing takes place in a secure environment. EngagedMetrics reserves the right to suspend or terminate Member’s account and access to the Services. Member may also purchase EngagedMetrics products or services from an authorized Channel Partner and arrange terms of payment with that Channel Partner. EngagedMetrics reserves the right to suspend or terminate Member’s account and access to the Services. EngagedMetrics reserves the right to terminate Member’s account access at any time.
5. REGISTRATION & PASSWORD.
Member is solely responsible for maintaining the confidentiality of Member’s password and account information. Member shall immediately notify EngagedMetrics of any unauthorized account activity, or any unauthorized use of Member’s email list(s) or any other breach of security known to Member.
EngagedMetrics is committed to its policy of protecting the privacy and confidential information of the Members.
7. DATA STORAGE.
EngagedMetrics is only obligated to store a Member’s survey data for 60 days past the completion of the Member’s last survey. During this time Members have the ability to export their reports to PDF or download their raw survey data from EngagedMetrics’ servers. Member data can be stored for an additional period at an additional monthly cost.
8. DISCLAIMER OF WARRANTIES.
MEMBER EXPRESSLY ACKNOWLEDGES AND AGREES THAT USE OF THE SERVICE AND THE SITE IS AT MEMBER’S SOLE RISK. THE SERVICE AND THE SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.
TO THE FULLEST EXTENT ALLOWED BY LAW, EngagedMetrics 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. EngagedMetrics ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN CONTENT.
EngagedMetrics 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. EngagedMetrics DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE RELIABILITY OR ACCURACY OF THE REGISTRATION INFORMATION SUPPLIED TO EngagedMetrics NOR THE RESPONSES OR INFORMATION SUPPLIED BY PANELISTS TO MEMBERS IN RESPONSE TO SURVEYS. EngagedMetrics 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 EngagedMetrics WARRANT THE CORRECTNESS, USEFULNESS, RELIABILITY, ACCURACY OR OTHERWISE OF ANY SURVEY, SURVEY RESPONSES OR SURVEY RESULTS. EngagedMetrics 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 MEMBER’S 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.
EngagedMetrics MAKES NO WARRANTY THAT THE SERVICE OR SITE WILL MEET MEMBER’S REQUIREMENTS OR THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, VIRUS-FREE, ERROR-FREE, ACCURATE OR RELIABLE; NOR DOES EngagedMetrics 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.
MEMBER UNDERSTANDS AND AGREES THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH USE OF THE SERVICE OR SITE IS DONE AT MEMBER’S OWN DISCRETION AND RISK AND THAT MEMBER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO MEMBER’S COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL OR DATA.
EngagedMetrics 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 MEMBER FROM THE SERVICE OR SITE OR THROUGH THE SERVICE OR SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
9. LIMITATION OF LIABILITY.
TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, NEITHER EngagedMetrics 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 MEMBER’S 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 MEMBER IS DISSATISFIED WITH THE SERVICE, THE MATERIALS AVAILABLE ON OR THROUGH THE SERVICE OR THE SITE, OR WITH ANY OF THE TERMS OF AGREEMENT, MEMBER’S SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICE AND LEAVE THE SITE IMMEDIATELY.
10. OTHER PROHIBITED USES.
11a. PROPRIETARY RIGHTS.
EngagedMetrics owns the content including the graphics, names, text, survey content, software, music, videos, sound, pictures, compilations, survey templates, surveys, page layout, design, processes, procedures or other material contained in the Service and the Site to the extent such content is provided and/or designed by EngagedMetrics. It is all protected by copyrights, trademarks, service marks, patents, or other proprietary rights and laws. No one may copy, reproduce, distribute in any way, or decompile, reverse engineer or disassemble the content. Member is 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 Member’s personal use as an end product only, and Member must at all times maintain EngagedMetrics’ copyright symbol on the product in any form or medium. Member owns its surveys, survey responses, survey results and related survey data (“Member’s Content”), and Member assumes the entire risk of disclosing Member’s Content to third parties. Modification or use of EngagedMetrics’ 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.
Member agrees 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 Member uses any such proprietary material or content, by doing so, Member warrants that Member has the right and authority to do so.
12. LINKS AND ADVERTISERS.
EngagedMetrics may provide advertising space and/or links and pointers to Internet sites maintained by third parties. EngagedMetrics has not reviewed all of the third party sites nor reviewed any products or services they may provide. EngagedMetrics is not responsible for nor does it endorse the contents or any products or services of such third parties or their sites. EngagedMetrics DOES NOT CONTROL IN ANY RESPECT ANY INFORMATION, PRODUCTS OR SERVICES OFFERED OR SUGGESTED BY THIRD PARTIES ON THE SITE. EngagedMetrics DOES NOT ENDORSE OR OTHERWISE WARRANT OR GUARANTEE THE PRODUCTS OR SERVICES THAT ARE EITHER ADVERTISED ON THE SITE OR CONNECTED BY LINK.
16. NATURE OF AGREEMENT.
17. GENERAL PROVISIONS.