Advisor -  research. right. now.
Home
WelcomeQuick TourGetting StartedAbout UsContact Us




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.

6. PRIVACY.
Advisor is committed to its policy of protecting the privacy and confidential information of the Members. For more information about privacy and security go to Advisor's Privacy Policy.

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 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. TERMINATION.
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.

13. INDEMNIFICATION.
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.

14. JURISDICTION.
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 of Agreement.

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.

 



Overview   |  Quick Tour  |  Getting Started  |  About Us  |  Contact Us
© 2008 AdvisorTM. All rights reserved.
Terms of Agreement  |  Privacy Policy  |  Anti-Spam Policy