Advisor, owned and operated by ImageCare, Inc., provides and maintains
an Internet Web site (the "Site") with related tools and processes
to create customized surveys and obtain survey results and associated
services (the "Services") for use by you ("Member"
or "you"). The Services and use of the Site are provided to
you under the terms and conditions set forth in the Terms of Agreement
and any rules or policies otherwise set forth on this Site or published
from time to time by Advisor. The Terms of Agreement set forth below and
any rules or policies otherwise set forth on this Site comprise the entire
agreement between Member and Advisor and supersedes any and all prior
agreements or understandings between the parties.
1. ACKNOWLEDGMENT AND ACCEPTANCE.
PLEASE READ THE FOLLOWING TERMS OF AGREEMENT CAREFULLY. BY COMPLETING
THE REGISTRATION PROCESS AND CLICKING ON "SUBMIT", 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.
Advisor is providing the basic Services through the Site for Member's
use. Said Services include Member's right, after registration and in full
compliance with the Terms of Agreement, to use or create surveys from
certain survey templates provided by Advisor and to distribute the surveys
via email, Web intercept, Web site link or other technologies to potential
survey respondents. Members may also purchase access to additional Services
on a subscription basis. In exchange for use of the Services and the Site,
Member acknowledges Member's obligations as set forth in the Terms of
Agreement and agrees to use the Services and the Site in compliance with
the Terms of Agreement.
3. MODIFICATION TO SERVICES PROVIDED; TERMS OF AGREEMENT.
Member acknowledges and agrees that Advisor may, with or without notice,
modify, delete or amend the Services and/or Site provided hereunder. Further,
Member acknowledges and agrees that Advisor may further modify, delete
or amend the Terms of Agreement from time to time, including charging
a fee or fees for some services. In either event, Advisor will notify
Member of any modification in fees by email or in the newsletter. If Member
does not accept the modification, deletion or amendment, Member must terminate
Member's membership at that time. Any and all use of the Site or the Services
by Member after the notice is posted shall be deemed to be acceptance
of the modification, deletion or amendment (as well as all other terms
and conditions) to the Services, Site or 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. Advisor 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 Advisor with valid credit card information, and must
promptly inform Advisor of any changes in credit card validity or expiration
date. Advisor will keep Member's credit card information confidential,
and ensure that credit card processing takes place in a secure environment.
Advisor will automatically notify Member one month prior to every one-year
anniversary for annual subscriptions, and will direct Member to renew
or upgrade Member's account. In the absence of Member response, Advisor
will automatically renew and charge Member's account upon the annual subscription's
anniversary date. The renewal charge will be equal to the original subscription
price, unless Advisor notifies Member otherwise in advance. Member may
cancel his or her subscription at any time by sending an e-mail to customer
service requesting cancellation. Upon receipt of such notification, Advisor
will immediately terminate Member's access to the Services. No refunds
of subscription fees will be given. If payment cannot be charged to Member's
credit card, Advisor reserves the right to suspend or terminate Member's
account and access to the Services. Advisor reserves the right to terminate
Member's subscription at any time.
5. REGISTRATION & PASSWORD.
Member shall provide current, complete, accurate information in the registration
section of the Site. Member shall further update and keep such information
current as needed. Member shall provide a password in order to access
the Services and Member's account. Member is solely responsible for maintaining
the confidentiality of Member's password and account information. Member
shall immediately notify Advisor of any unauthorized account activity,
any unauthorized use of Member's email list(s) or any other breach of
security known to Member.
Advisor is committed to its policy of protecting the privacy and confidential
information of the Members. For more information about privacy and security
7. 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, Advisor 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. Advisor ASSUMES
NO LIABILITY OR RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN CONTENT.
Advisor 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. Advisor DOES
NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE RELIABILITY OR ACCURACY
OF THE REGISTRATION INFORMATION SUPPLIED TO Advisor NOR THE RESPONSES
OR INFORMATION SUPPLIED BY PANELISTS TO MEMBERS IN RESPONSE TO SURVEYS.
Advisor 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 Advisor WARRANT THE CORRECTNESS, USEFULNESS, RELIABILITY,
ACCURACY OR OTHERWISE OF ANY SURVEY, SURVEY RESPONSES OR SURVEY RESULTS.
Advisor 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.
Advisor 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 Advisor 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.
Advisor MAKES NO WARRANTY REGARDING 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.
8. LIMITATION OF LIABILITY.
TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, NEITHER
Advisor 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.
9. NO SPAMMING.
Click here to review ImageCare's No Spamming Policy. Member acknowledges
and agrees that Advisor is serving as "survey host" and is not
the sender or originator of any survey. From time to time, Advisor may
solicit feedback on services provided by the site. Member warrants and
promises that Member either has an ongoing business or personal relationship
with or has obtained consents to send emails inviting participation in
a survey to the persons on the Member's own email list or such lists purchased
from a third party. Member further warrants that Member's use of the Site
or Service will not violate any spamming, junk mail or other related laws
or regulations prohibiting or discouraging unsolicited mail. When Member
enters email information for Member's survey recipients or establishes
email lists in Member's personal Email List Manager, that information
remains untouched and private in Member's personal locker. Member's password
protects that information. Advisor never discloses that information and
if it ever wanted to, Advisor would get express approval from Member first.
However, if Member has breached the Terms of Agreement, Advisor will report
such conduct to the appropriate authorities and turn over any and all
information, including personally identifying information, to appropriate
persons or entities.
10. OTHER PROHIBITED USES.
Member agrees not to 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.
Any attempt by Member 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 forbidden. Member specifically agrees not to 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
the member has taken and follows all necessary action and compliance pursuant
to state and federal laws. Member agrees not to 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. Member agrees not to interfere or disrupt networks
connected to the Service and the Site. Any attempt by Member to gain unauthorized
access to any computer system, including accounts, lockers or databases
maintained by and for Advisor, is strictly forbidden. Member agrees to
comply with all applicable laws relating to such conduct. Member agrees
to comply with all laws, rules and regulations regarding transmission
of technical data exported from the United States. If Member engages in
any activity set forth in this paragraph or violates any terms or conditions
of the Terms of Agreement, Member's account will be terminated and use
of the Service and Site prohibited. Advisor will report such conduct to
the appropriate authorities and turn over any and all information, regarding
such activity to appropriate persons or entities.
11a. PROPRIETARY RIGHTS.
Advisor 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 Advisor. 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, 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 Advisor's 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 Advisor'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
11b. NO MISAPPROPRIATION OR MISUSE OF NAMES, MARKS, OTHER PROPRIETARY
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.
These terms of Agreement may be terminated by either party hereto at any
time. Advisor shall not be liable to Member or any third party in any
manner for termination of the Service. In the event Member should become
dissatisfied with the Terms of Agreement or any modifications thereof,
or with the Service or the Site, Member's only recourse is to discontinue
use of the Service, terminate the membership and give notice of these
actions. Upon termination, Member's right to use the Service and the Site
cease immediately and Advisor shall have no obligation whatsoever to forward
any surveys, survey responses or survey results to Member.
Member agrees to defend, indemnify and hold harmless Advisor, its parent
entities, subsidiaries, affiliates, officers and employees, for any and
all claims and demands, including attorney's fees, due to or arising from
Member's use of 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 breaching any warranty or provision contained in these
Terms of Agreement.
The Terms of Agreement and the relationship between Member and Advisor
shall be treated as if entered into and executed in the State of Illinois
and shall be governed and construed in accordance with the laws of the
State of Illinois, without regard to conflict of law principles. Member
agrees to submit to personal and exclusive jurisdiction and venue of the
courts in the counties of Lake, Cook or McHenry, Illinois USA. Advisor
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
under the Terms of Agreement must be made within 1 year of the occurrence.
15. NATURE OF AGREEMENT.
Member agrees that the registration procedure, account set-up and subsequent
activation of the "Submit" button constitute agreement to the
Terms of Agreement. Further, the Terms of Agreement is the entire and
only agreement between the parties and supersedes any prior or other understandings,
representations or warranties. Member agrees that each use of the Services
and the Site reaffirms Member's acknowledgment and agreement to the Terms
16. GENERAL PROVISIONS.
In any dispute arising from the relationship between Member and Advisor
or the Terms of Agreement, the prevailing party shall be entitled to reasonable
attorney's fees and costs. The failure by Advisor to enforce any right
or provision under the Terms of Agreement shall not constitute a waiver
of that provision or any other provision of the Terms of Agreement. If
any provision of the Terms of Agreement shall be determined to be invalid
or unenforceable by a court of competent jurisdiction, the other provisions
of the Terms of Agreement shall remain in full force and effect.