SurveyWabbit Terms of Service

User Acceptance and Eligibility

SurveyWabbit, Survey Wabbit, www.surveywabbit.com, the SurveyWabbit.com service and systems are operated by ClearData Research, Inc. and its affiliates (collectively, “SurveyWabbit”). By using and/or visiting SurveyWabbit you declare that you are an official “User” of SurveyWabbit and you agree to be bound by SurveyWabbit’s Terms of Service, legal notices and Privacy Policy.

BY USING AND/OR VISITING THIS WEBSITE (collectively, including all Content provided through the SurveyWabbit.com domain, mobile Applications and/or URL, the " SurveyWabbit.com website", or "website"), OR BY SUBMITTING CONTENT TO THIS WEBSITE, YOU SIGNIFY YOUR ASSENT TO AND ACCEPTANCE OF (1) THESE TERMS OF SERVICE (the "Terms of Service"), AND (2) SURVEYWABBIT’S PRIVACY POLICY published on its website. SurveyWabbit may modify these Terms of Service at various times without prior notice, and such modification shall be effective at the time they are posted on the website. Furthermore, you agree to be and are bound by the Terms of Service as described herein if you access the mobile versions of this website and/or services as well as the mobile Applications thereof. These Terms of Service apply to all users of the website including users who are also contributors of content, other information and other materials or services unless SurveyWabbit has granted prior written consent to modified terms. If you do not agree to these Terms of Service and the Privacy Policy, then you are not authorized to use the website.

SurveyWabbit may contain links to third party websites that are not owned or controlled by us. SurveyWabbit has no control over, and assumes no responsibility for any aspect, including but not limited to, the content, privacy policies, Terms of Service or practices of any third party websites. By using any third-party website, you expressly relieve SurveyWabbit from any and all liability arising from your use of any third-party website.

You affirm that you are either more than eighteen (18) years of age or possess legal parental or guardian consent to enter into these Terms & Conditions, and to comply with these Terms of Service. Any registration, use of or access to SurveyWabbit by anyone under the age of thirteen (13) is prohibited by these Terms of Service. By using the site you represent and warrant that you are thirteen (13) years of age or older. SurveyWabbit reserves the right to discontinue any aspect of the SurveyWabbit at any time.

Website Access

When creating your account on SurveyWabbit you must provide accurate and complete information, and you must notify SurveyWabbit immediately of any breach of security or unauthorized use of your account. SurveyWabbit is not liable for your losses caused by any unauthorized use of your account. If you access this website in any way for which you are not authorized, you may be liable for the losses of SurveyWabbit or others due to such unauthorized use. SurveyWabbit has the right to terminate your access to the website, at its sole discretion, immediately and with or without cause.

SurveyWabbit retains the right to jettison, cancel and/or remove any submission of any content or other materials for any reason whatsoever at its sole discretion. SurveyWabbit reserves the right to terminate any User Registration without notice at it sole discretion.

Intellectual Property Rights

The SurveyWabbit content including without limitation, the data, text, software, scripts, graphics, photos, images, sounds, music, videos, look and feel, interactive features and the like ("Content") and the trademarks, service marks and logos contained therein ("Marks"), are owned by or licensed to ClearData Research, Inc., subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. All copyrights, Marks and other intellectual property rights in this website (including the design, arrangement and look and feel) and all content supplied as part of the website, other than user-generated content, shall remain at all times the property of ClearData Research, Inc. and/or its affiliates, associates, and/or licensors.

The names SurveyWabbit, Survey Wabbit and all related names, logos, product and service names, designs and slogans are trademarks of ClearData Research, Inc. or its affiliates or licensors. You must not use such marks without the prior written permission of ClearData Research, Inc. All other names, logos, product and service names, designs and slogans on this Website are the trademarks of their respective owners.

No right, title or interest in or to the website or any content on the website is transferred to you, and all rights not expressly granted are reserved by SurveyWabbit. Any use of SurveyWabbit not expressly permitted by these Terms of Service is a breach of these Terms of Service and may violate copyright, trademark and other laws.

User Contributions

SurveyWabbit may provide you the opportunity to participate and post content publicly (“User Contributions”) through chat rooms, forums, interactive features, or other communication functionality. You represent and warrant that you own or control all rights in and to your User Contributions and that all of your User Contributions do and will comply with these Terms of Service. You grant us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material for any purpose.

SurveyWabbit has sole discretion about whether to display, hide, delete, move, use, discard, promote or highlight your User Contributions on SurveyWabbit. SurveyWabbit reserves the sole right to decide whether any user communication or User Contributions comply with these Terms of Service.

You are solely responsible for your own User Contributions and any consequences resulting from the posting or publishing of them. Furthermore, you represent and warrant that: (a) you own or have the necessary rights and permissions to publish every aspect of your User Contributions including, but not limited to, the text, graphics, photos, images, sounds, music, videos, interactive features, communications and the like in the manner contemplated by the website and these Terms of Service; (b) your User Contributions are not subject to any third party proprietary or ownership rights unless you are the owner of such rights or have permission from their rightful owner to publish your User Contributions and to grant SurveyWabbit all of the license rights granted herein; (c) you authorize SurveyWabbit to use all copyright, trademark or other proprietary rights in and to your User Contributions; (d) you possess the written consent and/or permission of each and every identifiable individual person in your User Contributions to publish their name or likeness; and (e) you will not submit content or other communications that are false, unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourage conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate; and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you may have against SurveyWabbit with respect thereto, and agree to indemnify and hold harmless SurveyWabbit, its Owners, Operators, Affiliates, Employees, Distributors, Vendors, Agents and/or Licensors to the fullest extent allowed by law regarding all matters related to your use of SurveyWabbit; and (f) you understand that when using SurveyWabbit, you will be granted access to User Contributions from a variety of sources, and that SurveyWabbit is not responsible for the accuracy, opinions, usefulness or intellectual property rights of or relating to such User Contributions.

SurveyWabbit does not permit copyright infringing activities and infringement of intellectual property rights on its website, and SurveyWabbit expressly disclaims any and all liability in connection with User Contributions.

Warranty Disclaimer

You agree that your use of SurveyWabbit shall be at your sole risk.

To the fullest extent permitted by law, SurveyWabbit and ClearData Research, Inc., their owners, operators, officers, directors, distributors, employees, associates and agents disclaim all warranties, expressed or implied, in connection with SurveyWabbit and your use thereof. SurveyWabbit makes no warranties or representations about the accuracy or completeness of its content or the content of any websites linked to SurveyWabbit and assumes no liability or responsibility for any (i) errors, mistakes, or inaccuracies of content, (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of SurveyWabbit, (iii) any unauthorized access to or use of our servers and/or any and all personal information and/or financial information stored therein, (iv) any interruption or cessation of transmission to or from SurveyWabbit, (iv) any bugs, viruses, trojan horses, or the like which may be transmitted to or through SurveyWabbit by any third party, and/or (v) any errors or omissions in any content or for any loss or damage of any kind incurred as a result of the use of any content posted, published, emailed, transmitted, or otherwise made available via SurveyWabbit. SurveyWabbit does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through SurveyWabbit or any website hyperlinked or featured in any banner or other advertising, and SurveyWabbit will not be a party to, or in any way be responsible for, monitoring any transaction between you and any third-party providers of products or services. As with the purchase of a product or service through any medium or in any environment, you should use your best judgment and exercise caution at all times. SurveyWabbit will not be liable for, or considered in breach of these terms of service because of any delay or failure to perform resulting from any causes or conditions which are beyond its reasonable control.

Limitation of Liability

In no event shall SurveyWabbit nor ClearData Research, Inc., their owners, operators, officers, directors, distributors, employees, associates and agents, be liable to you or your organization for any direct, indirect, incidental, special, punitive, or consequential damages whatsoever resulting from any (i) errors, mistakes, or inaccuracies of content, (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of SurveyWabbit, (iii) any unauthorized access to or use of our servers and/or any and all personal information and/or financial information stored therein, (iv) any interruption or cessation to or from SurveyWabbit of any transmission or distributed denial-of-service attack upon SurveyWabbit, (iv) any bugs, viruses, trojan horses, or the like, which may be transmitted to or through SurveyWabbit by any third party, and/or (v) any errors or omissions in any content or for any loss or damage of any kind incurred as a result of your use of SurveyWabbit or any content posted, emailed, transmitted, or otherwise made available via SurveyWabbit, whether based on warranty, contract, tort, or any other legal theory, and whether or not SurveyWabbit is advised of the possibility of such damages. The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction.

Indemnity

You agree to indemnify, defend and hold harmless SurveyWabbit and ClearData Research, Inc., their owners, operators, officers, directors, distributors, employees, associates and agents, from and against any and all claims, damages, obligations, losses, liabilities, suits, costs or debt, actions, demands, penalties, proceedings, (whether legal or administrative) and expenses (including but not limited to attorney's fees) arising directly or indirectly from: (i) any action or failure to act; (ii) any misrepresentation or misconduct; (iii) your use of and access to SurveyWabbit; (iv) your violation of any term of these Terms of Service; (v) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (vi) any claim that one of your User Submissions caused damage to a third party. Such indemnification will include, without limitation, any claims from third parties arising out of or resulting from breach of any consumer warranty or strict liability or in connection with the dissemination or broadcast of any content furnished or supplied by SurveyWabbit. These defense and indemnification obligations will survive these Terms of Service and your use of SurveyWabbit.

Assignment

These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned and/or transferred by SurveyWabbit without restriction.

Binding Arbitration

At our sole discretion, we may require you to submit any disputes arising from the use of these Terms of Service or the Website, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to arbitration in Minnesota in accordance with the Commercial Arbitration Rules of and by the American Arbitration Association, and judgment upon the award rendered by the arbitrators may be entered in any court having jurisdiction thereof. The decision of the arbitrators shall be final and conclusive.

Governing Law and Jurisdiction

You agree that SurveyWabbit shall be deemed a passive website that does not give rise to personal jurisdiction over SurveyWabbit, either specific or general, in jurisdictions other than the State of Minnesota. If SurveyWabbit does not require you to submit your disputes to Binding Arbitration, any claim or dispute between any User and SurveyWabbit that arises in whole or in part from SurveWabbit, the website or these Terms of Service shall be decided exclusively by a federal or state court of competent jurisdiction located in Hennepin County, Minnesota. These Terms of Service, together with the Privacy Policy published on SurveyWabbit and any other legal notices published by SurveyWabbit on the website, shall constitute the entire agreement between you and SurveyWabbit.

Waiver and Severability

If any provision of these Terms of Service is held to be illegal, invalid, or unenforceable, such provision will be fully severable; these Terms of Service will be construed and enforced as if such illegal, invalid or unenforceable provision had never comprised a part of these Terms of Service; and the remaining provisions of these Terms of Service will remain in full force and effect and will not be affected by the illegal, invalid, or unenforceable provision or by its severance from these Terms of Service. Furthermore, in lieu of such illegal, invalid, or unenforceable provision, there will be added automatically as part of these Terms of Service, a provision as similar in terms to such illegal, invalid, or unenforceable provision as may be possible and be legal, valid and enforceable.

SurveyWabbit reserves the right to amend these Terms of Service at any time and without notice, and it is the User’s responsibility to review these Terms of Service for any changes. Your use of SurveyWabbit following any amendment of these Terms of Service will signify your assent to and acceptance of its revised terms. There is no partnership, employee-employer, agency, franchisor-franchisee or joint venture relationship between SurveyWabbit and any User.

Limitation on Time to File Claims

You must contact us within one (1) year of the date of the occurrence of the event or facts that give rise to any cause of action or claim you may have arising out of or relating to these terms of use or the website, or you waive your right to pursue any such cause of action or claim based upon such event or facts.

Entire Agreement

The Terms of Service and our Privacy Policy constitute the sole and entire agreement between you and SurveyWabbit with respect to your use of the Website and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral.

Termination

We may, at our sole discretion, terminate or suspend your access to all or part of the Website for any or no reason, including without limitation, any violation of these Terms of Service.

Miscellaneous

The SurveyWabbit website and service is provided to you as is, and on an “as available” basis, without any warranties of any kind, either express or implied, statutory or otherwise. SurveyWabbit reserves all rights not expressly granted in and to the website and the Content therein. You agree not to circumvent, disable or otherwise interfere with security related features of the SurveyWabbit website or features that prevent or restrict use or copying of any Content or enforce limitations on use of the SurveyWabbit website or the Content therein.

These Terms of Service permit you to use the website for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, republish, download, store or transmit any of the material on our Website, except that your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials you may store files that are automatically cached by your web browser for display enhancement purposes.

Copyright Policy

SurveyWabbit reserves the right to remove Content without prior notice, and it will terminate a User’s account if the User is determined to be a repeat infringer of copyright.

If you are a copyright owner or an agent thereof and believe that any User Submission or other content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing SurveyWabbit with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):

(i) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

(ii) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works on SurveyWabbit;

(iii) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit SurveyWabbit to locate the material;

(iv) Information reasonably sufficient to permit SurveyWabbit to contact you, such as an address, telephone number and an electronic mail address;

(v) A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and

(vi) A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Please also note that under Section 512(f) of the US Copyright Act any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.

Notice of claims of copyright infringement can be submitted as follows:

By mail:
ClearData Research, Inc.
Attn: Copyright Issue
9056 Neill Lake Rd
Eden Prairie, MN 55347

By email: copyrightcontact@cleardata-research.com

Last modified and effective date: June 3, 2017