WEBSITE USER AGREEMENT: TERMS
PLEASE READ THIS AGREEMENT CAREFULLY: THIS IS A LEGAL
AGREEMENT BETWEEN YOU ("CLIENT SURVEY PARTICIPANT" OR
"CLIENT") AND THE ALEXANDER GROUP, INC. ("AGI") REGARDING THE AGI OWNED AND
OPERATED WWW.SALESVIEWSURVEYS.COM
WEBSITE (THE "WEBSITE"). PLEASE REVIEW THE FOLLOWING TERMS AND
CONDITIONS CONCERNING YOUR USE OF THE WEBSITE. BY REGISTERING AS A USER OF
SALESVIEWSURVEYS.COM, AND/OR UTILIZING THE SURVEY WEBSITE, YOU AGREE TO FOLLOW AND BE
BOUND BY THESE TERMS AND CONDITIONS. YOU ARE PERMITTED TO USE, REPRODUCE, AND
DISPLAY MATERIALS ON THE WEBSITE AS SET FORTH BELOW ONLY UPON THE CONDITION
THAT YOU ACCEPT ALL OF THE TERMS CONTAINED IN THIS WEBSITE USER AGREEMENT (THE
"AGREEMENT"). THE USE, REPRODUCTION, OR DISPLAY OF ANY MATERIALS ON THE WEBSITE BY
YOU OR BY A THIRD PARTY ON YOUR BEHALF CONSTITUTES YOUR ACCEPTANCE OF THIS AGREEMENT.
1. GENERAL USE PROVISIONS
All materials provided on this Website, including but
not limited to information, documents, products, logos, graphics, sounds, images,
software, and services ("Materials"), are provided either by AGI or
by its respective third party manufacturers, authors, developers and vendors
("Third Party Providers") and are the wholly owned and copyrighted
work of AGI and/or its Third Party Providers. Except as stated herein, none of
the Materials may be copied, reproduced, distributed, republished, downloaded,
displayed, posted or transmitted in any form or by any means, including but not
limited to electronic, mechanical, photocopying, recording, or other means,
without the prior express written permission of AGI or the appropriate Third
Party Provider. You may not "mirror" any Materials contained on this
Website on any other server or site without AGI’s prior written consent.
Except where expressly provided otherwise by AGI,
nothing on this Website shall be construed to confer any right or license under
any of AGI’s or any Third Party Provider's intellectual property rights,
whether by estoppel, implication, use, or otherwise. You acknowledge sole
responsibility for obtaining any such licenses from the required licensor. See
the "Contact Information" below if you have any questions about
obtaining such licenses. Materials provided by Third Party Providers have not
been independently reviewed, tested, certified, or authenticated in whole or in
part by AGI. In addition, AGI does not provide, sell, license, or lease any of
the Materials other than those Materials specifically identified as being owned
by AGI.
AGI hereby grants to CLIENT a limited right and license
to use and reproduce the Materials on this Website for the time period set
forth in the services agreement entered into by the parties provided that: (a)
both the copyright notice and trademarks identified below and this permission notice
appear in all copies of the Materials; and (b) the use, reproduction, and
display of such Materials is solely for CLIENT’s own internal use. This
permission terminates automatically without notice immediately upon the breach
of any of the terms of this Agreement by you or by any person or entity acting
on your behalf, or as set forth in the services agreement. Upon termination the
Materials will no longer be accessible to CLIENT through the Website.
Any unauthorized use of any Materials contained on this
Website may violate both Federal and state copyright, trademark, privacy,
publicity, and communications regulations and statutes.
2. SOFTWARE AND SERVICE USE RESTRICTIONS
Any software and/or services that may be made available
for use on this Website ("Software" and "Services")) is the
wholly owned and copyrighted work of AGI and/or Third Party Providers. Use of
the Software and Services is governed by this Agreement, the service agreement,
and the additional terms set forth in this Section ("Software And Service
Use Restrictions"). For purposes of this Agreement, "Software"
includes the third party computer software and/or materials provided with or
incorporated into the Software, and any related materials or documentation
thereto. You agree to the Software And Service Use Restrictions at all times
when using the Software or Services. The Software and Services are made
available solely for use by CLIENT SURVEY PARTICIPANTS and CLIENT pursuant to
the terms of this Agreement, including the Software And Service Use
Restrictions. Without limiting the foregoing, the copying or reproduction of
the Software is expressly prohibited. Any reproduction or redistribution of the
Software not in accordance with this Agreement is expressly prohibited by law,
and may result in severe civil and criminal penalties. Violators will be
prosecuted to the maximum extent possible.
The CLIENT SURVEY PARTICIPANTS may use the Software and
Services for purposes of providing data to AGI for analysis. The CLIENT may
use the Software and Services and any related materials or documentation
thereto, for analysis and evaluation of the data provided by the CLIENT SURVEY
PARTICIPANTS as provided on the Website by AGI for the period specified in the
services agreement.
You and anyone acting on your behalf may not (a) modify,
translate, reverse engineer, disassemble, create derivative works based on, or
copy the Materials, except and only to the extent that such activity is
expressly permitted by applicable law notwithstanding this limitation; (b) use
the Software or Services for any purpose other than to support your own
internal use; or (c) remove any proprietary notices, labels or marks in or on
the Software.
All right, title and interest in and to the Software and
Services is owned by and shall remain with AGI and/or its Third Party
Providers. The Software and Services may be protected by copyright, patent,
trade secret and other intellectual property laws, and international treaties.
You may not copy any documentation accompanying the Software or Services.
Unauthorized use or copying of the Materials, including
but not limited to the Software or Services, or otherwise failing to comply
with the terms and conditions of this Agreement will result in automatic
termination of the licensed use granted under this Agreement and will entitle
AGI and/or its suppliers to other legal remedies. Upon termination of this
Agreement for any reason whatsoever all of the rights granted to you hereunder
shall immediately cease.
THE SOFTWARE IS PROVIDED TO YOU "AS IS" AND
AGI AND THE THIRD PARTY PROVIDERS MAKE NO WARRANTY REGARDING THE USE OR
PERFORMANCE OF THE SOFTWARE. AGI, AND THE THIRD PARTY PROVIDERS HEREBY DISCLAIM
ALL EXPRESS OR IMPLIED REPRESENTATIONS, WARRANTIES, GUARANTIES, AND CONDITIONS
WITH REGARD TO THE SOFTWARE, INCLUDING BUT NOT LIMITED TO ANY IMPLIED
REPRESENTATIONS, WARRANTIES, GUARANTIES, AND CONDITIONS OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON–INFRINGEMENT, EXCEPT TO THE
EXTENT THAT SUCH DISCLAIMERS ARE HELD TO BE LEGALLY INVALID IN THE JURISDICTION
OF A USER. AGI AND THIRD PARTY PROVIDERS DO NOT WARRANT THE PERFORMANCE OR
RESULTS YOU MAY OBTAIN BY USING THE SOFTWARE OR THE ACCOMPANYING DOCUMENTATION.
AGI AND THE THIRD PARTY PROVIDERS SHALL HAVE NO LIABILITY
FOR ANY DAMAGES WHATSOEVER RELATED TO THE USE OF THE SOFTWARE OR, OR FOR ANY
VIRUSES RELATED TO THE SOFTWARE. WITHOUT LIMITING THE GENERALITY OF THE
FOREGOING, AGI, AND THE THIRD PARTY PROVIDERS DO NOT WARRANT THAT (A) THE
SOFTWARE WILL MEET YOUR REQUIREMENTS; (B) THE OPERATION OF THE SOFTWARE WILL BE
UNINTERRUPTED OR ERROR–FREE; (C) ANY PROGRAM ERRORS WILL BE CORRECTED.
3.
DATA SUBMISSIONS
Except where expressly provided otherwise by AGI, all
comments, feedback, information or materials submitted by CLIENT SURVEY
PARTICIPANTS to AGI through or in association with this Website
("Submissions") shall be considered non–confidential and AGI’s
property. By providing such Submissions to AGI, you agree to assign to AGI, at
no charge, all worldwide rights, title and interest in copyrights and other
intellectual property rights to the Submissions. You acknowledge that you are
responsible for the Submissions that you provide, and that you, and not AGI,
have full responsibility for the Submissions, including their legality,
reliability, appropriateness, originality and copyright.
4.
FEES
You agree to pay all fees incurred from your use,
reproduction, downloading, or display of Materials on the Website. Fees do not
include tax and, where applicable, you agree to pay any sales, use, property,
value–added, withholding or other taxes that may be assessed in connection with
such fees. All fees incurred in connection with the Website are non–refundable.
If (i) you have paid fees associated with the Website and you believe that you
did not receive the Materials and/or services that you ordered or (ii) you
would like to cancel a subscription, please contact the individual listed in
"Contact Information" below.
5.
DISCLAIMER
EXCEPT WHERE EXPRESSLY PROVIDED OTHERWISE BY AGI, THE
MATERIALS ON THE WEBSITE, INCLUDING BUT NOT LIMITED TO SOFTWARE, ARE PROVIDED
SOLELY ON AN "AS IS" BASIS. AGI, AND THE THIRD PARTY PROVIDERS HEREBY
DISCLAIM ALL EXPRESS OR IMPLIED REPRESENTATIONS, WARRANTIES, GUARANTEES, AND
CONDITIONS, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OR CONDITIONS
OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND
NON–INFRINGEMENT, EXCEPT TO THE EXTENT THAT SUCH DISCLAIMERS ARE HELD TO BE
LEGALLY INVALID IN YOUR JURISDICTION. YOU ASSUME ALL RESPONSIBILITY FOR
DETERMINING WHETHER THE MATERIALS AND/OR SOFTWARE ARE ACCURATE OR SUFFICIENT
FOR YOUR PURPOSES. AGI AND THE THIRD PARTY PROVIDERS DO NOT MAKE ANY
REPRESENTATIONS, WARRANTIES, GUARANTIES, OR CONDITIONS AS TO THE QUALITY,
SUITABILITY, ACCURACY, OR COMPLETENESS OF ANY OF THE MATERIALS CONTAINED ON THE
WEBSITE.
6.
LIMITATION OF LIABILITY
AGI AND THE THIRD PARTY PROVIDERS SHALL NOT BE LIABLE
FOR ANY DIRECT OR INDIRECT DAMAGES SUFFERED AS A RESULT OF USING, MODIFYING,
CONTRIBUTING, COPYING, DISTRIBUTING, OR DOWNLOADING THE MATERIALS, INCLUDING
BUT NOT LIMITED TO SOFTWARE. IN NO EVENT SHALL AGI, OR THIRD PARTY PROVIDERS BE
LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, OR
CONSEQUENTIAL DAMAGES (INCLUDING BUT NOT LIMITED TO LOSS OF BUSINESS, REVENUE,
PROFITS, USE, DATA OR OTHER ECONOMIC ADVANTAGE), HOWEVER ARISING, WHETHER IN AN
ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN
CONNECTION WITH THE USE OR PERFORMANCE OF INFORMATION AVAILABLE FROM THIS WEBSITE,
EVEN IF AGI OR THE THIRD PARTY PROVIDERS HAVE BEEN PREVIOUSLY ADVISED OF THE
POSSIBILITY OF SUCH DAMAGE. YOU HAVE SOLE RESPONSIBILITY FOR THE ADEQUATE
PROTECTION AND BACKUP OF DATA AND/OR EQUIPMENT USED IN CONNECTION WITH THE
WEBSITE AND YOU BY YOUR USE OF THE WEBSITE AND/OR MATERIALS WAIVE ANY AND ALL
CLAIMS AS AGAINST AGI FOR LOST DATA, RE–RUN TIME, INACCURATE OUTPUT, WORK
DELAYS, LOST PROFITS, OR LOST OPPORTUNITIES RESULTING FROM THE USE OF THE
MATERIALS. YOU AGREE TO HOLD AGI, AND THE THIRD PARTY PROVIDERS HARMLESS FROM,
AND YOU COVENANT NOT TO TAKE ANY LEGAL OR OTHER ACTION AGAINST AGI, OR THE
THIRD PARTY PROVIDERS ASSERTING ANY CLAIMS BASED ON OR RELATED TO THE USE OF
THE WEBSITE.
7.
LOCAL LAWS; EXPORT CONTROL
AGI controls and operates this Website from its
headquarters in various locations in the United States of America and makes no
representation that these Materials are appropriate or available for use in
other locations. If you use this Website from other locations, you are
responsible for compliance with applicable local laws including but not limited
to the export and import regulations of other countries. Unless otherwise
explicitly stated, all marketing or promotional materials found on this Website
are solely directed to individuals, companies or other entities located in the
United States of America. You acknowledge and agree that Materials are subject
to the U.S. Export Administration Laws and Regulations. Diversion of such
Materials contrary to U.S. law is prohibited.
8.
TERMINATION
Subject only to the terms of the service agreement, you
agree that AGI, in its sole discretion, may discontinue providing the
Materials, Software or Services, or any part thereof, with or without notice.
You agree that any termination of your access to the Materials, Software or
Services under any provision of this Agreement may be effected without prior
notice. You acknowledge and agree that AGI may immediately deactivate or delete
your account and all related information and files in your account and/or bar
any further access to such files. You agree that AGI shall not be liable to you
or any third party for any termination of your access to the Service.
9. GENERAL
AGI and the Third Party Providers may make improvements
and/or changes in the products, Services, Materials, Software, and prices
described in this Website at any time without notice. AGI may periodically
make changes to the Website. California law, without regard to its conflicts of
laws rules, shall apply to this Agreement. No choice of law rules of any
jurisdiction will apply. This Agreement represents the entire understanding
relating to the use of the Website and prevails over any prior or
contemporaneous, conflicting or additional, communications, including but not
limited to statements on the Website. AGI has the right to revise this
Agreement at any time without notice by updating the Agreement posted to the
Website. Any rights not expressly granted herein are reserved by AGI. You
acknowledge and agree that this Website may include inaccuracies or
typographical errors.
10.
INTELLECTUAL PROPERTY NOTICES
Elements of the Website are protected by trade dress and
other laws and may not be copied or imitated in whole or in part. No logo,
graphic, sound or image from the Website may be copied or retransmitted unless
expressly permitted by AGI.
Salesviewsurveys.com, the Salesviewsurveys.com logo,
and/or other Salesviewsurveys.com brand names for products or services
referenced herein are trademarks of The Alexander Group, Inc., and may be
registered in certain jurisdictions. Copyright © 1999–2002 The Alexander Group,
Inc., 14635 North Kierland Blvd., Suite 200, Scottsdale, AZ 85254. All rights
reserved.
11. CONTACT INFORMATION
If you have any questions about this Agreement, or if you
would like to cancel your service or request a refund for Materials that were
not delivered in accordance with the accompanying terms, please e-mail
Salesviewsurveys.com Customer Support at surveys@alexandergroupinc.com or write to:
The Alexander Group, Inc.
14635 North Kierland Blvd.
Suite 200
Scottsdale, AZ 85254