Please read this Agreement carefully before accessing or using the Site. By accessing or using any part of the web site, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Site or use any services. If these terms and conditions are considered an offer by Enough Pepper, acceptance is expressly limited to these terms.
When you sign up for an account you agree to:
(a) Provide accurate, current and complete information about you as may be prompted by any sign up forms on the Site ("Sign Up Data");
(b) Maintain the security and confidentiality of your password and identification;
(c) Maintain and promptly update the Sign Up Data, and any other information you provide, to keep it accurate, current and complete;
(d) Be fully responsible for all use of your account, for any actions that take place using your account and for all content that you may publish on the Site (“Content”).
You are responsible for all activity occurring under your accounts. You shall abide by all applicable laws, treaties and regulations in connection with your use of the Site, including, without limitation, those related to the protection of intellectual property, data privacy, international communications and the transmission of technical or personal data. You shall:
(a) Notify Enough Pepper immediately of any unauthorized use of any password or account or any other known or suspected breach of security;
(b) Report to Enough Pepper immediately and use reasonable efforts to stop immediately any copying or distribution of (parts of) the Site that is known or suspected by you;
(c) Not impersonate another Survs user or provide false identity information to gain access to or use the Site.
You agree not to use the Site for any of the following purposes or activities:
(a) Upload, download, post, email, transmit, store or otherwise make available any Content that is unlawful, harassing, threatening, harmful, tortious, defamatory, libelous,abusive, violent, obscene, vulgar, invasive of another’s privacy, hateful, racially or ethnically offensive, or otherwise objectionable;
(b) Pretend to be anyone, or any entity, you are not — you may not impersonate or misrepresent yourself as another person (including celebrities), entity, or a civic or government leader, or otherwise misrepresent your affiliation with a person or entity;
(c) Phish, collect, upload, post, email, transmit or otherwise make available any login data and/or passwords for other web sites, software or services;
(d) Phish, collect, upload, post, email, transmit or otherwise make available credit card information or other forms of financial data used for collecting payments;
(e) Engage in any copyright infringement or other intellectual property infringement, or disclose any trade secret or confidential information in violation of a confidentiality, employment, or nondisclosure agreement;
(f) Post, send, transmit or otherwise make available any unsolicited or unauthorized email messages, advertising, promotional materials, junk mail, spam, or chain letters, including, without limitation, bulk commercial advertising and informational announcements;
(g) Forge any TCP-IP packet header or any part of the header information in an email or a news group posting, or otherwise putting information in a header designed to mislead recipients as to the origin of any Content transmitted through the Site;
(h) Upload, post, email, transmit, store or otherwise make available any material that contains viruses or any other computer code, files or programs designed to harm, interfere or limit the normal operation of the Site (or any part thereof), or any other computer software or hardware;
(i) Interfere with or disrupt the Site (including accessing the Site through any automated means, like scripts or web crawlers), or any servers or networks connected to the Site, or any policies, requirements or regulations of networks connected to the Site (including any unauthorized access to, use or monitoring of data or traffic thereon);
(j) Reproduce, duplicate or copy or exploit any other portion of the Site, without the express written permission of Enough Pepper;
(k) Use the Site for any illegal or unauthorized purpose. You must not, in the use of the Site, violate any laws in your jurisdiction (including but not limited to copyright laws).
(l) Gather and store personal information on any other users of the Site to be used in connection with any of the foregoing prohibited activities.
This anti-spam policy was developed with respect to unwanted emails directed to third parties with whom you do not have a prior relationship (“Spam”). Accordingly, by using the Site you acknowledge, represent, warrant and agree that:
(a) You will not engage in any spamming activities in your use of the Site;
(b) You understand that Enough Pepper is serving as "survey host" and is not the sender or originator of any survey, and that you are therefore solely responsible for your email activities using the Site;
(c) You warrant that you either have an ongoing business or personal relationship with or have obtained consents to send email messages inviting participation in a survey to the persons on your own email/mobile phone list and on any lists you have acquired from a third party;
(d) Your use of the Site does not violate any spamming, junk mail or other related laws or regulations prohibiting or discouraging unsolicited mail;
(e) If you engage in any unlawful spamming activity, Enough Pepper reserves the right to report such conduct to the appropriate authorities and turn over any and all information, including relevant personal data, to appropriate law enforcement persons or entities;
(f) We may request at any time that you provide proof that your email recipients have agreed to receive email messages from you. We may require that you provide documentation of specific opt-in processes you have used.
We reserve the right to terminate your account(s) and your use of the Site, without notice, if we believe your activities are not in compliance with this Anti-Spam policy and/or our Terms of Service.
As Enough Pepper asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by Survs violates your copyright, you are encouraged to notify Enough Pepper. Enough Pepper will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. Enough Pepper will terminate a visitor’s access to and use of the Site if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of Enough Pepper or others. In the case of such termination, Enough Pepper will have no obligation to provide a refund of any amounts previously paid to Enough Pepper.
This Agreement does not transfer from Enough Pepper to you any Enough Pepper or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with Enough Pepper. Enough Pepper, Survs, the Survs logo, and all other trademarks, service marks, graphics and logos used in connection with Survs, or the Site are trademarks or registered trademarks of Enough Pepper or Enough Pepper’s licensors. Other trademarks, service marks, graphics and logos used in connection with the Site may be the trademarks of other third parties. Your use of the Site grants you no right or license to reproduce or otherwise use any Enough Pepper or third-party trademarks.
Payment, Upgrading and Downgrading.
A valid credit card is required for paying accounts. Free accounts are not required to provide a credit card number. The service is billed in advance on a monthly basis in accordance with our pricing schedule and all monthly payments are nonrefundable. There will be no refunds or credits for partial months of service, or refunds for months unused with an open account.
You will be billed for your first month immediately upon signing up for a paying account. After signing up for a paying account and you don’t cancel that account within 30 days, you will be billed monthly starting on the 30th day after your account was initially created. An upgrade from the free account to any paying account will end your free trial. You will be billed for your first month immediately upon upgrading. For any upgrade or downgrade in plan level, your credit card that you provided will automatically be charged monthly the new rate.
On paying accounts, if you exceed the maximum number of entries allowed for a given month, a fee per entry exceeding the limit will be charged (see “Response overage charge” in the pricing page: http://www.survs.com/pricing-complete) to your account at the end of your billing period. On free accounts, forms will be deactivated once they have exceeded the maximum number of responses allowed for a given month.
All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties. You agree to pay for any such taxes that might be applicable to your use of the Site and payments made by you herein.
You are solely responsible for properly canceling your subscription. You can cancel your account subscription at any time by downgrading to the Free Plan. If you cancel the subscription before the end of your current billing cycle, the cancellation will take effect when the current billing cycle ends.
Enough Pepper, in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the Site for any reason at any time. Such termination of the will result in the deactivation or deletion of your account or your access to your account, and the forfeiture and relinquishment of all content in your account. Enough Pepper reserves the right to refuse service to anyone for any reason at any time.
Enough Pepper may terminate your access to all or any part of the Site at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your Survs account (if you have one), you may simply discontinue using the Site. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
Disclaimer of Warranties
The Site is provided “as is”. Enough Pepper and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Enough Pepper nor its suppliers and licensors, makes any warranty that the Site will be error free or that access thereto will be continuous or uninterrupted.
Limitation of Liability
In no event will Enough Pepper, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for:
(a) Any special, incidental or consequential damages;
(b) The cost of procurement for substitute products or services;
(c) For interruption of use or loss or corruption of data;
(d) For any amounts that exceed the fees paid by you to Enough Pepper under this agreement during the twelve (12) month period prior to the cause of action.
Enough Pepper shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
General Representation and Warranty
You represent and warrant that:
(b) Your use of the Site will not infringe or misappropriate the intellectual property rights of any third party.
You agree to indemnify and hold harmless Enough Pepper, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Site, including but not limited to your violation of this Agreement.
Enough Pepper reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Site following the posting of any changes to this Agreement constitutes acceptance of those changes. Enough Pepper may also, in the future, offer new services and/or features through the Site (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.
This Agreement constitutes the entire agreement between Enough Pepper and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of Enough Pepper, or by the posting by Enough Pepper of a revised version. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; Enough Pepper may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.