ImagineSurvey Term of Use

ACKNOWLEDGMENT AND ACCEPTANCE
  1. By completing the registration procedure, you concur and agree to all terms and conditions that set forward including our “Privacy Policy.”
  2. You also acknowledge that you are 18 years of age or older.
  3. 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.
  4. 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
USER ACCOUNTS, RESPONSIBILITIES AND OTHER PROHIBITED USES
  1. 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. 
  2. You are responsible for managing the security of your account including password information and we will not be liable for any failure or damages. . 
  3. 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.
ANTI SPAM POLICY
  1. 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.
  2. 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.
FREE TRIAL PERIOD, PAYMENTS, AUTOMATIC RENEWAL, REFUNDS, UPGRADE AND DOWNGRADE
  1. 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.
  2. 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.
  3. 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.
  4. 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.
  5. 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.
  6. We reserve the right to terminate your subscription and/or discontinue Services at any time for any reason.
CANCELLATIONS
  1. 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.
  2. All of your content will be immediately deleted from the Services upon cancellation. This information cannot be recovered once your account is canceled.
LIMITATION OF LIABILITIES
  1. 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.
  2. In spite of anything to the contrary contained herein, ImagineSurvey’s 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.
PROPRIETARY RIGHTS, LINKS AND ADVERTISERS
  1. 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.
  2. We are not responsible for nor does it support the contents or any products or services of such third parties or their sites.
  3. We do not control in any respect any information, products or services offered suggested by third parties on the site.
  4. We do not endorse or otherwise warrant or guarantee the products or services that are either advertised on the website or connected by link.
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.

DISCLAIMER OF WARRANTIES
ImagineSurvey Services makes no warranties of any kind, whether expressed or implied, for the Services to be provided hereunder.

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.