| ACKNOWLEDGMENT AND ACCEPTANCE |
- By
completing the registration procedure, you concur and agree to all terms
and conditions that set forward including our Privacy Policy.
- You
also acknowledge that you are 18 years of age or older.
- We
may modify this Agreement from time to time and such modification shall
be effective immediately upon posting on the Website.
You agree to be bound to any changes when you use the Services
or Website after any modification. For that reason it is very important
that you should review this Agreement regularly.
- You acknowledge that you have either personally or ongoing
working relationship or you have obtained consent to send email to invite
participants to your survey from your email list or any other third
party email list
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| USER ACCOUNTS, RESPONSIBILITIES
AND OTHER PROHIBITED USES |
- ImagineSurvey is a single user account unless you have
an Enterprise Account. It is not allow to share your Userid and Password
for multiple people and if such account sharing happens it is a violation
of the Agreement and may result in immediate termination.
- You are responsible for managing the security of your
account including password information and we will not be liable for
any failure or damages. .
- You may not use this Services or Website for any illegal
purpose or violate any law in your jurisdiction. Such activities including
but not limited to
- Pornographic content,
- Interfere or disrupt the network connected to the Services
or Website,
- Copyright laws, and
- Upload and distribute virus to the Website or any computer
who uses our Website.
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| ANTI SPAM POLICY |
- ImagineSurvey has taken zero tolerant against SPAM. We
will cooperate with the authority in releasing all personally identifiable
information if you engage in any unlawful SPAMMING activity. If found
SPAMMING you are subject to immediate termination.
- We may also reserve the right to terminate your account
if:
- We find your mailing results in abnormal high bounce
rate,
- Poor monitoring of recipient consent,
- Lack of compliance with our Anti-SPAM policy.
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| FREE TRIAL PERIOD, PAYMENTS,
AUTOMATIC RENEWAL, REFUNDS, UPGRADE AND DOWNGRADE |
- The Free Trial Period is valid for 30 days. At any time,
you can upgrade to a paid subscription. If you subscribe to monthly
or yearly subscription, your credit card will be charged.
- You
agree to pay all charges to your account, including any applicable taxes,
at the rates in effect when the charges are incurred. . You must provide
us with valid credit card information, and promptly update your account
at PayPal Website with any changes in credit card.
- We
will automatically renew and charge your account upon every expiration
date of your subscription. The renewal charge will be equal to the original
subscription price, unless we notify you in advance.
- You
may cancel your subscription at any time by logging into your PayPal
account and go to the "History" subtab of the "My Account"
tab. Upon receipt of your cancel selection, we will promptly terminate
your access to the Services. There will be no refund for a partial
usage following cancellation.
- If
payment cannot be charged to the credit card you have on file with PayPal,
we reserve the right to suspend or terminate your account.
- We reserve the right to terminate your subscription
and/or discontinue Services at any time for any reason.
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| CANCELLATIONS |
- You are solely responsible for properly canceling your
account. If you choose to discontinue our Services,
you must cancel your subscription via your PayPal Account at PayPal
website. An email or phone request is not considered cancellation. You will be responsible for all charges
incurred up to the date you cancel your subscription.
- All
of your content will be immediately deleted from the Services upon cancellation.
This information cannot be recovered once your account is canceled.
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| LIMITATION
OF LIABILITIES |
- In
no event shall ImagineSurvey be liable to you or any third party for
any
-
Indirect,
- Consequential,
- Exemplary,
- Incidental,
- Special
or punitive damages.
- Lost
profit damages arising from your use of the Services, even if ImagineSurvey
has been advised of the possibility of such damages.
- In
spite of anything to the contrary contained herein, ImagineSurveys
liability to you for any cause whatsoever and regardless of the form
of the action, will at all times be limited to not more than $10.
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| PROPRIETARY
RIGHTS, LINKS AND ADVERTISERS |
- We
may provide advertising space and/or links to Internet sites maintained
by third parties. We have not reviewed all of the third -party sites
nor reviewed any products or services they may provide.
- We
are not responsible for nor does it support the contents or any products
or services of such third parties or their sites.
- We
do not control in any respect any information, products or services
offered suggested by third parties on the site.
- We
do not endorse or otherwise warrant or guarantee the products or services
that are either advertised on the website or connected by link.
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| TERMINATION |
If, at any time, we believe you are in breach of any of the terms and
conditions enclosed in this agreement, we may immediately terminate this
agreement without liability.
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| DISCLAIMER OF WARRANTIES |
ImagineSurvey Services makes no warranties of any kind, whether expressed
or implied, for the Services to be provided hereunder.
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| INDEMNIFICATION |
You agree to assure and hold ImagineSurvey and
their respective:
-
Employees,
- Agents,
-
And partners,
Harmless from any:
- Claim,
-
Loss,
- Liability,
-
Demand,
Including:
Reasonable attorneys' fees, made by any third party due to the use
of the Services or Website. In violation of this Agreement and/or
arising from a breach of this Agreement and/or any breach of your
representations and warranties set forth above and/or if any Content
that you post on the Website or through the Services causes ImagineSurvey
to be liable to another.
This Agreement
- Is accepted upon your use of the Services and is further affirmed
by you becoming a Member.
- Constitutes the entire agreement between you and ImagineSurvey regarding
the use of the Services or Website.
- The failure of ImagineSurvey to exercise or enforce any right or
provision shall not operate as a waiver of that.
- The section titles are for convenience only and have no legal or
contractual effect.
- ImagineSurvey is owned by Imagine Point LLC. Operates to the fullest
extent permissible by law. If any provision is unlawful, void or unenforceable,
then that is deemed severable and does not affect the validity and
enforceability of any remaining provisions.
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