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User Agreement Version 2.15 - 27 January 2008 ANY PERSON OR ENTITY ACCESSING THE SUPERSURVEY WEB SITE OR ANY OF THE INFORMATION CONTAINED HEREIN ("User") AGREES TO AND IS BOUND BY THE FOLLOWING TERMS AND CONDITIONS OF THIS SUPERSURVEY WEB SITE USER AGREEMENT ("Agreement"): 1. The owner of the SuperSurvey web site provides the content, information, software, and services "AS-IS", with no warranty express or implied, including warranties of fitness for a particular purpose or warranties of merchantability. 2. User agrees that its use of the SuperSurvey web site and any information obtained therefrom is at the sole risk of User. User hereby waives all claims against the owners of SuperSurvey, Ipathia, Inc., their affiliates, officers, directors, employees, agents, and representatives ("SuperSurvey"), and any of SuperSurvey's suppliers or programmers. User agrees to hold harmless, defend, and indemnify SuperSurvey for all damages that may be incurred by SuperSurvey, including attorney's fees, related to User's use of SuperSurvey's web site or User's use of any information obtained through User's use of SuperSurvey's web site. 3. SuperSurvey makes no representations about any Web Site not under SuperSurvey's control that a User may access from SuperSurvey's web site-- by link, frame, or any other means ("Linked Site"). Any link, frame, or any other means to access any Linked Site provided by SuperSurvey or otherwise on SuperSurvey's web site does not constitute Supersurvey's endorsement, recommendation, or acceptance of any responsibility for the content of that Linked Site or the operators of that Linked Site. 4. SuperSurvey agrees to treat User's information in accordance with SuperSurvey's Privacy Policy (http://www.supersurvey.com/privacypolicy.htm) unless provided otherwise in this Agreement. 5. User agrees not to attempt to damage, deny service to, hack, crack, reverse-engineer, or otherwise interfere (collectively, "Interfere") with SuperSurvey's web site in any manner. If User in any way Interferes with SuperSurvey's web site, User agrees to pay all damages incurred by SuperSurvey, including any consequential damages, and agrees that the measure of hard to determine damages will be the highest estimate of damages as provided by SuperSurvey. User's Interference with SuperSurvey's web site relieves SuperSurvey of any of its contractual or other legal obligations to User, including SuperSurvey's obligations under its Privacy Policy. SuperSurvey will cooperate with the authorities in prosecuting any User who Interferes with SuperSurvey's web site, attempts to defraud SuperSurvey, or attempts to defraud credit card companies or any other parties through User's use of SuperSurvey's web site or services. 6. SuperSurvey reserves the right to refuse any or all service to any User for any reason, at any time, at SuperSurvey's sole discretion. User agrees that SuperSurvey may block its IP address or addresses at any time, and at Supersurvey's sole discretion, thereby disallowing User's continued use of SuperSurvey's web site. 7. USER AGREES NOT TO CIRCUMVENT SUPERSURVEY'S PRIVACY OR SECURITY MEASURES FOR SURVEY TAKERS. If User sets up a survey and marks it as "aggregate" or "anonymous" or any other terms that SuperSurvey chooses to denote that the survey responders retain their privacy, and, thereafter, User tries to violate the responders' privacy, User agrees to hold harmless, defend, and indemnify SuperSurvey for any liability to other Users or third parties, including all attorney's fees incurred by SuperSurvey as a result of User's actions. This agreement by User to defend, indemnify, and hold harmless SuperSurvey is in addition to any other legal rights or remedies SuperSurvey may have under any other part of this Agreement or under the law. 8. User agrees not to use excessive resources, as determined by SuperSurvey, and SuperSurvey, in its sole discretion, may take any measures SuperSurvey deems appropriate, at any time, with or without notice, in response to "excessive" resource use by User. User agrees that SuperSurvey shall not be liable to User for any actions SuperSurvey takes to ameliorate excessive use by any User. USER AGREES NOT TO USE SUPERSURVEY'S EMAIL OR INVITATION FACILITIES FOR SENDING UNSOLICITED COMMERCIAL EMAIL (UCE) OR 'SPAM.' 9. The User Agreement, Privacy Policy, and other terms of service may be changed without notice by SuperSurvey, and use of SuperSurvey's website or services constitutes agreement with and acceptance of any such changes. 10. User agrees that SuperSurvey's liability to User under this Agreement shall be limited to the amount User has paid SuperSurvey for its services. 11. Refunds: SuperSurvey does not warrant the success of any surveying effort. SuperSurvey will NOT offer refunds, unless Supersurvey decides to in its sole discretion, and where the following conditions have been met: where a survey was activated in error and no responses have been received for such survey, Supersurvey may in its sole discretion decide to provide a refund of the price paid for the survey (this refund is a matter of courtesy and customer satisfaction, but Supersurvey is not contractually obligated to provide any refund under this Agreement). A refund, if any, will be issued within 90 days of SuperSurvey's decision to issue a refund; refunds will be in the form of a check or a credit-card refund, whichever Supersurvey chooses at Supersurvey's sole option. 12. If any part, term, or provision of this Agreement shall be held by a court of competent jurisdiction to be illegal, unenforceable, or in conflict with any law of a federal, state, or local government having jurisdiction over this Agreement, the remaining portions or provisions shall still remain valid and continue in full force and effect. 13. This Agreement shall be governed and construed in accordance with the laws of the State of Colorado, without resort to any jurisdiction's conflict of laws, rules or doctrines. Any claim, action, suit, or proceeding (collectively, "Claim") between SuperSurvey and the User that arises from or relates to this Agreement shall be brought and conducted solely and exclusively with a Court of competent jurisdiction in the State of Colorado. Provided, however, if the Claim must be brought in a federal forum, then it shall be brought and conducted solely and exclusively within the United States District Court for the District of Colorado. User hereby consents to the in personam (personal) jurisdiction of said courts. 14. SuperSurvey reserves the right to take any or all action it may deem appropriate in its sole discretion with respect to violations or enforcement of the terms of this Agreement, and expressly reserves all rights and remedies available to SuperSurvey at law or in equity. 15. All images, text, programs, and other materials found on SuperSurvey's website are protected by U.S. and international copyright laws and other laws. Any commercial use of the images, text, programs, or other materials found on SuperSurvey's web site is strictly prohibited without the express written consent of SuperSurvey. 16. The service marks "SuperSurvey", "The Question Authority", "Change the Way You Ask Questions", "LOGIQ", "GQML", and any other names, logos, marks, and taglines identifying SuperSurvey's products and services are proprietary marks of SuperSurvey and its affiliates. All other trademarks and service marks are the property of their respective owners. 17. User agrees not to falsify or misrepresent any information provided to SuperSurvey. User further agrees that any information submitted to SuperSurvey by User becomes the property of SuperSurvey, and User hereby expressly grants SuperSurvey the authority and right to use any information submitted in accordance with SuperSurvey's corporate policies. For purposes of this Agreement, "information submitted to SuperSurvey" shall not include information in surveys hosted by SuperSurvey on behalf of its customers or responses to such surveys. 18. User represents and warrants that User has ownership or other authority to post any sound, image, text, or other material it posts on SuperSurvey's website. Any sound, images, text, or other materials provided by a User and hosted on SuperSurvey's web site remain the property of the owner of such materials. Such materials are "posted" if they are incorporated as part of a survey hosted by SuperSurvey on behalf of its customers or responses to such surveys. User agrees that SuperSurvey is not responsible for any material posted on its website by User and that Supersurvey assumes no liability for User's posted materials. User agrees to defend, indemnify, and hold harmless SuperSurvey from any liability related to material User posts on SuperSurvey's website. 19. The term "survey owner," when used in the instructional documentation to SuperSurvey's website and services, is a term of art intended to specify a customer of SuperSurvey who has immediate control over a particular survey. The use of the term "survey owner" in such contexts does not imply or create any condition of ownership of computer resources or intellectual property. User's interest in any survey arises solely from User's ongoing relationship as customer with SuperSurvey, and ends when such relationship ends. Any interest User has in a survey does not extend to any resources, program code, technical knowledge, or any intellectual or other property provided by SuperSurvey in the creation, hosting, or tabulation of that survey. 20. SuperSurvey is intended for survey creators and respondents of the age of majority. SuperSurvey may not be used by, or to collect information from, minor children, according to laws in the minor's locality, without parental permission. User shall in no case use SuperSurvey to collect information from children under age 13 without parental permission. User agrees to defend, indemnify, and hold harmless SuperSurvey from any liability related to use of SuperSurvey's website and services in a manner inconsistent with this Agreement. 21. All of SuperSurvey's rights and remedies under this Agreement are cumulative and in addition to any other rights or remedies under this Agreement or under the law. 22. This Agreement constitutes the entire agreement between the parties on the subject matter hereof. There are no understandings, agreements, or representations, oral or written, not specified herein regarding this Agreement. No modification of this Agreement shall be effective unless in writing and signed by authorized parties for both SuperSurvey and User. |