ANY PERSON OR ENTITY ACCESSING THE www.ezquestionnaire.com WEBSITE OR ANY OF THE INFORMATION CONTAINED HEREIN ("User") AGREES TO AND IS BOUND BY THE FOLLOWING TERMS AND CONDITIONS OF THIS www.ezquestionnaire.com website USER AGREEMENT ("Agreement"):
1. The owner of the www.ezquestionnaire.com website provides the content, information, software, and services "AS-IS", with no warranty expressed or implied, including warranties of fitness for a particular purpose or warranties of merchantability. 2. The user agrees that the use of www.ezquestionnaire.com website and any information obtained from this site is at the sole risk of the user. User hereby waives all claims against the owners of www.ezquestionnaire.com, V-Empower. Inc., any of their affiliates, officers, directors, employees, agents, and representatives ("www.ezquestionnaire.com"), and any of www.ezquestionnaire.com's suppliers or programmers. User agrees to defend, indemnify and not to hold V-Empower liable for damages that may be incurred by www.ezquestionnaire.com, including attorney's fees, related to User's use of www.ezquestionnaire.com's website or User's use of any information obtained through User's use of www.ezquestionnaire.com's web site. 3. V-Empower are not responsible for websites that are accessed by a user from www.ezquestionnaire.com's web site-- by link, frame, or any other means ("Linked Site"). Any link, frame, or any other means by which a user accesses any Linked Site provided by www.ezquestionnaire.com or otherwise on www.ezquestionnaire.com's website does not constitute www.ezquestionnaire.com's endorsement, recommendation, or acceptance of any responsibility for the content of that Linked Site or the operators of that Linked Site. 4. www.ezquestionnaire.com agrees to treat User's information in accordance with www.ezquestionnaire.com's Privacy Policy 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 www.ezquestionnaire.com's website in any manner. If the user in any way INTERFERES with www.ezquestionnaire.com's website, User agrees to pay all damages incurred by V-Empower, including any consequential damages. The user further agrees that the measure of damages will be the highest estimate provided by V-Empower. User's Interference with www.ezquestionnaire.com's website relieves V-Empower of any of its contractual or other legal obligations to the User, including V-Empower’s obligations under its Privacy Policy. V-Empower will cooperate with the authorities in prosecuting any User who interferes with www.ezquestionnaire.com's website, attempts to defraud V-Empower, or attempts to defraud credit card companies or any other parties through User's use of www.ezquestionnaire.com's website or services. 6. V-Empower reserve the right to refuse any or all services to any User for any reason, at any time, at V-Empower's sole discretion. User agrees that V-Empower may block its IP address or addresses at any time, and at V-Empower's sole discretion, thereby disallowing User's continued use of www.ezquestionnaire.com's website. 7. USER AGREES NOT TO CIRCUMVENT WWW.EZQUESTIONNAIRE.COM'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 www.ezquestionnaire.com chooses to denote that the survey responders retain their privacy, and, thereafter, User tries to violate the responders' privacy, User agrees to defend, indemnify and not to hold V-Empower responsible for any liability to other Users or third parties, including all attorney's fees incurred by V-Empower as a result of User's actions. This agreement by the User to defend, indemnify, and not to hold V-Empower responsible is in addition to any other legal rights or remedies V-Empower may have under any other part of this Agreement or under the law. 8. The User agrees not to use excessive resources, as determined by www.ezquestionnaire.com, and www.ezquestionnaire.com, in its sole discretion, may take any measures www.ezquestionnaire.com deems appropriate, at any time, with or without notice, in response to "excessive" resource use by User. User agrees that www.ezquestionnaire.com shall not be liable to User for any actions www.ezquestionnaire.com takes to ameliorate excessive use by any User. USER AGREES NOT TO USE WWW.EZQUESTIONNAIRE.COM'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 V-Empower, and the use of www.ezquestionnaire.com's website or services constitutes agreement with and acceptance of any such changes. 10. User agrees that V-Empower's liability to the User under this Agreement will be limited to the amount the User has paid www.ezquestionnaire.com for its services. 11. Refunds: V-Empower do not guarantee the success of any surveying effort. V-Empower will NOT offer refunds, unless V-Empower decides, to in its sole discretion, and where a survey was activated in error and no responses have been received for such survey. V-Empower 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. V-Empower are not contractually obligated to provide any refund under this Agreement). A refund, if any, will be issued within 90 days of V-Empower’s decision to issue a refund; refunds will be in the form of a check or a credit-card refund, whichever V-Empower chooses at their sole discretion. 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 central, 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 India, without resort to any jurisdiction's conflict of laws, rules or doctrines. Any claim, action, suit, or proceeding (collectively, "Claim") between V-Empower 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 India. 14. V-Empower 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 V-Empower at law or in equity. 15. All images, text, programs, and other materials found on www.ezquestionnaire.com's website are protected by Indian and international copyright laws and other laws. Any commercial use of the images, text, programs, or other materials found on www.ezquestionnaire.com's website is strictly prohibited without the written consent of V-Empower. 16. The service marks "www.ezquestionnaire.com", the easiest way to create web-based surveys" and any other names, logos, marks, and taglines identifying www.ezquestionnaire.com's products and services are proprietary marks of V-Empower 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 www.ezquestionnaire.com. User further agrees that any information submitted to www.ezquestionnaire.com by User becomes the property of V-Empower, and the User hereby grants V-Empower the authority and right to use any information submitted in accordance with V-Empower’s corporate policies. For the purposes of this Agreement, "information submitted to www.ezquestionnaire.com" shall not include information in surveys hosted by www.ezquestionnaire.com on behalf of its customers or responses to such surveys. 18. User represents and Guarantees that the User has ownership or other authority to post any sound, image, text, or other material they post on www.ezquestionnaire.com's website. Any sound, images, text, or other materials provided by a User and hosted on www.ezquestionnaire.com's website remain the property of the owner of such materials. Such materials are "posted" if they are incorporated as part of a survey hosted by www.ezquestionnaire.com on behalf of its customers or responses to such surveys. User agrees that V-Empower is not responsible for any material posted on www.ezquestionnaire.com by the User and that V-Empower is not liable for the same User agrees to defend, indemnify, and not hold V-Empower responsible for any liability related to material User posts on www.ezquestionnaire.com's website. 19. The term "survey creator," when used in the instructional documentation to www.ezquestionnaire.com's website and services, is a term of art intended to specify a customer of www.ezquestionnaire.com who has immediate control over a particular survey. The use of the term "survey creator" 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 of www.ezquestionnaire.com, and ends when such relationship ends. Further, any interest the User has in a survey does not extend to any resources, program code, technical knowledge, or any intellectual or other property provided on www.ezquestionnaire.com in the creation, hosting, or tabulation of the survey. 20. www.ezquestionnaire.com is intended for survey creators and respondents. www.ezquestionnaire.com may not be used by, or to collect information from, minor children, accordingto laws in the minor's locality,without parental permission.User shall in no case use www.ezquestionnaire.com to collect information from children under age 13 without parental permission. The User agrees to defend, indemnify, and not to hold V-Empower responsible for any liability related with the use of www.ezquestionnaire.com's website and services in a manner inconsistent with this Agreement. 21. All of www.ezquestionnaire.com'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 www.ezquestionnaire.com and the User. 23. ANTI-SPAM POLICY: www.EZquestionnaire.com, a quality online survey tool, is committed to being a trusted member of the Internet community. As such, we have adopted a firm anti-spam stance. Spam can deluge a recipient’s email box and waste the recipient’s time and money. Spam often causes recipients to complain to their Internet Service Providers who in turn may block or restrict access from legitimate services like www.EZquestionnaire.com, and Users, like you. To help recipients be free from spam, and to maximize the availability of our Services to our community of Users, we have taken a “zero tolerance” stand against spam. You acknowledge, guarantee and agree that:
We will terminate the account of any User determined to have used the Services in connection with any spam email or otherwise breached these Terms of Use. Please be advised that we may also terminate your account if your mailings result in high bounce rates, a report or complaint of spam against the sender, poor monitoring of recipient consents including lax address book and email list management, or lack of compliance with anti-spam guidelines. We reserve the right to terminate your account(s) and your use of the Services, without notice, if we believe your activities are not in compliance with this Anti-Spam policy. We would be thankful for your compliance with our Anti-Spam policy and your commitment to good emailing practices. 24. PROPRIETARY RIGHTS: V-Empower 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 V-Empower. All content is protected by copyrights, trademarks, service marks, patents, or other proprietary rights and laws. No one may copy, reproduce, distribute in any way, or decompile, reverse engineer or disassemble the content. You are permitted 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 your personal use as an end product only, and you must at all times maintain www.ezquestionnaire.com's copyright symbol on the product in any form or medium. While your account is active, you will have the right to access your surveys, survey responses, survey results and related survey data, and you assume the entire risk of disclosing such content to third parties. Modification or use of www.ezquestionnaire.com'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 authorization. 25. NATURE OF AGREEMENT: You agree that your completion of the registration process constitutes agreement to these Terms of Use. Further, these Terms of Use are the complete and the only agreement between you and V-Empower and supersede any prior understandings, representations or guarantees. You agree that each use of the Services and the Site reaffirms your acknowledgment and agreement to these Terms of Use
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