EmailsAndSurveys.com INC is interchangeable with the
website www.emailsandsurveys.com which maintains this site for information and
communication purposes. This web page contains the Terms of Use governing your
access to and use of the www.emailsandsurveys.com (the Website or Site). If you do
not accept these Terms of Use or you do not meet or comply with their provisions,
you may not use the Website.
A. TERMS APPLICABLE TO ALL USERS
1. Overview
YOUR USE OF THIS WEBSITE IS EXPRESSLY CONDITIONED UPON
YOUR ACCEPTING AND AGREEING TO THESE TERMS OF USE.
For users who are not registered with this Website,
your use of the Website will be deemed to be acceptance of the Terms of Use, Section
A.
For users who are registered with the Website, your
use of the Website shall be subject to (i) certain designated terms (see Section B
below) in addition to those terms applicable to all users and (ii) shall be further
conditioned on your [clicking the "I AGREE TO THE TERMS OF USE" button at the end of
these Terms of Use].
IF THESE TERMS OF USE ARE NOT COMPLETELY ACCEPTABLE TO
YOU, YOU MUST IMMEDIATELY TERMINATE YOUR USE OF THIS WEBSITE.
2. Changes To Terms
EmailsAndSurveys.com INC may, at any time, for
any reason and without notice, make changes to (i) this Website, including its look,
feel, format, and content, as well as (ii) the products and/or services as described
in this Website. Any modifications will take effect when posted to the Website.
Therefore, each time you access the Website, you need to review the Terms of Use
upon which access and use of this Website is conditioned. By your continuing use of
the Website after changes are posted, you will be deemed to have accepted such
changes.
3. Scope of Use and User E-Mail
You are the owner of your data and by agreeing to this
Terms of Services, you give EmailsAndSurveys.com INC. the right to use it. You are only
authorized to view, use, copy for your records and download small portions of the
Content (including without limitation text, graphics, software, audio and video
files and photos) of this Website for your informational, non-commercial use,
provided that you leave all the copyright notices, including copyright management
information, or other proprietary notices intact.
You may not store, modify, reproduce, transmit,
reverse engineer or distribute any portion of the Content on this Website, or the
design or layout of the Website or individual sections of it, in any form or media.
The systematic retrieval of data from the Website is also prohibited.
E-mail submissions over the Internet may not be secure
and are subject to the risk of interception by third parties. Please consider this
fact before e-mailing any information. Also, please consult our Privacy Policy. You
agree not to submit or transmit any e-mails or materials through the Website that:
(i) are defamatory, threatening, obscene or harassing, (ii) contain a virus, worm,
Trojan horse or any other harmful component, (iii) incorporate copyrighted or other
proprietary material of any third party without that party's permission or (iv)
otherwise violate any applicable laws. EmailsAndSurveys.com INC shall not be
subject to any obligations of confidentiality regarding any information or materials
that you submit online except as specified in these Terms of Use, or as set forth in
any additional terms and conditions relating to specific products or services, or as
otherwise specifically agreed or required by law.
The commercial use, reproduction, transmission or
distribution of any information, software or other material available through the
Website without the prior written consent of EmailsAndSurveys.com INC is
strictly prohibited.
4. Copyrights and Trademarks
The materials at this Site, as well as the
organization and layout of this site, are copyrighted and are protected by United
States and international copyright laws and treaty provisions. You may access,
download and print materials on this Website solely for your personal and
non-commercial use; however, any print out of this Site, or portions of the Site,
must include EmailsAndSurveys.com INC’s copyright notice. No right, title or
interest in any of the materials contained on this Site is transferred to you as a
result of accessing, downloading or printing such materials. You may not copy,
modify, distribute, transmit, display, reproduce, publish, license any part of this
Site; create derivative works from, link to or frame in another website, use on any
other website, transfer or sell any information obtained from this Site without the
prior written permission of EmailsAndSurveys.com INC.
Except as expressly provided under the "Scope of Use"
Section above, you may not use, reproduce, modify, transmit, distribute, or publicly
display or operate this Website without the prior written permission of
EmailsAndSurveys.com INC. You may not use a part of this Website on any other
Website, without EmailsAndSurveys.com INC’s prior written consent.
EmailsAndSurveys.com INC respects the
intellectual property rights of others and expects our Users/ users to do the same.
The policy of EmailsAndSurveys.com INC is to terminate the accounts of repeat
copyright offenders and other users who infringe upon the intellectual property
rights of others. If you believe that your work has been copied in a way that
constitutes copyright infringement, please contact us at support@emailsandsurveys.net.
5. Links
For your convenience, we may provide links to various
other Websites that may be of interest to you and for your convenience only.
However, EmailsAndSurveys.com INC does not control or endorse such Websites
and is not responsible for their content nor is it responsible for the accuracy or
reliability of any information, data, opinions, advice, or statements contained
within such Websites. Please read the terms and conditions or terms of use policies
of any other company or website you may link to from our website. These Terms of Use
policy applies only to EmailsAndSurveys.com INC’s website and the products and
services EmailsAndSurveys.com INC offers. If you decide to access any of the
third party sites linked to this Website, you do so at your own risk.
EmailsAndSurveys.com INC reserves the right to terminate any link or linking
program at any time. EmailsAndSurveys.com INC disclaims all warranties,
express and implied, as to the accuracy, validity, and legality or otherwise of any
materials or information contained on such sites.
You may not link to this Website
without EmailsAndSurveys.com INC’s written permission. If you are interested in
linking to this Website, please contact support@emailsandsurveys.net.
6. No Unlawful Or Prohibited Use
As a condition of your use of the Website, you warrant
to EmailsAndSurveys.com INC that you will not use the Website for any purpose
that is unlawful or prohibited by these terms, conditions, and notices. You may not
use the Website in any manner that could damage, disable, overburden, or impair the
Site or interfere with any other party's use and enjoyment of the Website. You may
not obtain or attempt to obtain any materials or information through any means not
intentionally made available or provided for through the Site.
7. GDPR Provisions and EU Privacy
You are the owner of your data and you have given
EmailsAndSurveys.com INC the right to use it for the intended use on the site
EmailsAndSurveys.com. Your data subjects which you will upload as a contact list
into a group have ownership of their data and given you the right to use it. You
must put the same safeguards in place to protect their Privacy. Failure to abide by
the requirements of GDPR and EU Privacy requirements will result in immediate
termination on this website and possible legal action by EmailsAndSurveys.com INC.
You are the owner of your data and you have given
EmailsAndSurveys.com INC the right to use it for the intended use on the site
EmailsAndSurveys.com. Your data subjects which you will upload as a contact list
into a group have ownership of their data and given you the right to use it. You
must put the same safeguards in place to protect their Privacy. Failure to abide by
the requirements of GDPR and EU Privacy requirements will result in immediate
termination on this website and possible legal action by EmailsAndSurveys.com INC.
For more information on how EmailsAndSurveys.com INC protects personal data please refer to our Privacy Policy in section 4 "How We Protect Your
Information".
8. Spamming
Gathering email addresses from EmailsAndSurveys.com INC through harvesting or automated means is prohibited. Posting or
transmitting unauthorized or unsolicited advertising, promotional materials, or any
other forms of solicitation to other Users is prohibited. Inquiries regarding a
commercial relationship with EmailsAndSurveys.com INC should be directed to support@emailsandsurveys.net.
9. No Warranties
THE WEBSITE, AND ANY CONTENT, ARE PROVIDED TO YOU ON
AN "AS IS", "AS AVAILABLE" BASIS WITHOUT WARRANTY OF ANY KIND WHETHER EXPRESS,
STATUTORY OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, SYSTEMS
INTEGRATION, ACCURACY, AND NON-INFRINGEMENT, ALL OF WHICH EmailsAndSurveys.com INC EXPRESSLY DISCLAIMS. EmailsAndSurveys.com INC DOES NOT
ENDORSE AND MAKES NO WARRANTY AS TO THE ACCURACY, COMPLETENESS, CURRENCY, OR
RELIABILITY OF THE CONTENT, AND EmailsAndSurveys.com INC WILL NOT BE LIABLE OR
OTHERWISE RESPONSIBLE FOR ANY FAILURE OR DELAY IN UPDATING THE WEBSITE OR ANY
CONTENT. WE HAVE NO DUTY TO UPDATE THE CONTENT OF THE WEBSITE. EmailsAndSurveys.com INC MAKES
NO REPRESENTATIONS OR WARRANTIES THAT USE OF THE CONTENT WILL BE UNINTERRUPTED OR
ERROR-FREE. YOU ARE RESPONSIBLE FOR ANY RESULTS OR OTHER CONSEQUENCES OF ACCESSING
THE WEBSITE AND USING THE CONTENT, AND FOR TAKING ALL NECESSARY PRECAUTIONS TO
ENSURE THAT ANY CONTENT YOU MAY ACCESS, DOWNLOAD OR OTHERWISE OBTAIN IS FREE OF
VIRUSES OR ANY OTHER HARMFUL COMPONENTS. THIS WARRANTY DISCLAIMER MAY BE DIFFERENT
IN CONNECTION WITH SPECIFIC PRODUCTS AND SERVICES OFFERED BY EmailsAndSurveys.com INC. SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO
THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER LEGAL RIGHTS
THAT VARY FROM JURISDICTION TO JURISDICTION.
10. Governing Law, Location and
Miscellaneous
These Terms of Use shall be governed in all respects
by the laws of the States of the USA, without reference to its choice of law rules.
If an applicable law is in conflict with any part of the Terms of Use, the Terms of
Use will be deemed modified to conform to the law. The other provisions will not be
affected by any such modification.
11. Separate Agreements
You may have other agreements with EmailsAndSurveys.com INC. Those agreements are separate and in addition to these Terms of
Use. These Terms of Use do not modify, revise or amend the terms of any other
agreements you may have with EmailsAndSurveys.com INC .
12. DMCA Copyright Policy and
Copyright Agent
EmailsAndSurveys.com INC respects the
intellectual property rights of others. If you believe something on this Site has
infringed your intellectual property rights, please notify our agent and provide the
following information:
(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.
(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.
(iv) Address, telephone number, and, if available, an
electronic mail address where we may contact you.
(v) A statement that the complaining party has 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.
(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.
The Site’s Copyright Agent can be reached at:
Kaiasoft INC
6701 Koll Suite
Pleasanton, CA 94566
support@emailsandsurveys.net
13. No Professional Advice
The information available on the Website is intended
to be a general information resource regarding the matters covered, and is not
tailored to your specific circumstance. You should not construe this as legal,
accounting or other professional advice. This Website is not intended for use by
minors. YOU SHOULD EVALUATE ALL INFORMATION, OPINIONS AND ADVICE AVAILABLE ON THIS
WEBSITE IN CONSULTATION WITH YOUR INSURANCE SPECIALIST, OR WITH YOUR LEGAL, TAX,
FINANCIAL OR OTHER ADVISOR, AS APPROPRIATE.
14. Users Disputes
You are solely responsible for your interactions with
other Users. EmailsAndSurveys.com INC reserves the right, but has no
obligation, to monitor disputes between you and other Users.
15. User Submissions And
Communications; Public Areas:
You acknowledge that you own, solely responsible or
otherwise control all of the rights to the content that you post; that the content
is accurate; that use of the content you supply does not violate these Terms of Use
and will not cause injury to any person or entity; and that you will indemnify
EmailsAndSurveys.com INC or its affiliates for all claims resulting from
content you supply.
If you make any submission to an area of the Website
accessed or accessible by the public (“Public Area”) or if you submit any business
information, idea, concept or invention to EmailsAndSurveys.com INC by email,
you automatically represent and warrant that the owner of such content or
intellectual property has expressly granted EmailsAndSurveys.com INC a
royalty-free, perpetual, irrevocable, world-wide nonexclusive license to use,
reproduce, create derivative works from, modify, publish, edit, translate,
distribute, perform, and display the communication or content in any media or
medium, or any form, format, or forum now known or hereafter developed.
EmailsAndSurveys.com INC may sublicense its rights through multiple tiers of
sublicenses. If you wish to keep any business information, ideas, concepts or
inventions private or proprietary, you must not submit them to the Public Areas or
to EmailsAndSurveys.com INC by email. We try to answer every email in a timely
manner, but are not always able to do so.
Some of the forums (individual bulletin boards and
posts on the social network, for instance) on the Website are not moderated or
reviewed. Accordingly, Users will be held directly and solely responsible for the
content of messages that are posted. While not moderating the forums, the Site
reviewer will periodically perform an administrative review for the purpose of
deleting messages that are old, have received few responses, are off topic or
irrelevant, serve as advertisements or seem otherwise inappropriate.
EmailsAndSurveys.com INC has full discretion to delete messages. Users are
encouraged to read the specific forum rules displayed in each discussion forum first
before participating in that forum.
EmailsAndSurveys.com INC reserves the right (but
is not obligated) to do any or all of the following:
1. Record the dialogue in public chat rooms.
2. Examine an allegation that a communication(s) does
not conform to the terms of this section and determine in its sole discretion to
remove or request the removal of the communication(s).
3. Remove communications that are abusive, illegal, or
disruptive, or that otherwise fail to conform with these Terms of Use.
4. Terminate a Member's access to any or all Public
Areas and/or the EmailsAndSurveys.com INC Site upon any breach of these Terms
of Use.
5. Monitor, edit, or disclose any communication in the
Public Areas.
6. Edit or delete any communication(s) posted on the
EmailsAndSurveys.com INC Site, regardless of whether such communication(s)
violate these standards.
EmailsAndSurveys.com INC reserves the right to
take any action it deems necessary to protect the personal safety of our guests or
the public. EmailsAndSurveys.com INC has no liability or responsibility to
users of the EmailsAndSurveys.com INC Website or any other person or entity
for performance or nonperformance of the aforementioned activities.
16. Arbitration
Except as regarding any action seeking equitable
relief, including without limitation for the purpose of protecting any
EmailsAndSurveys.com INC confidential information and/or intellectual property
rights, any controversy or claim arising out of or relating to these Terms of Use or
this Website shall be settled by binding arbitration in accordance with the
commercial arbitration rules, in effect at the time the proceedings begin, of the
American Arbitration Association. Any such controversy or claim shall be arbitrated
on an individual basis, and shall not be consolidated in any arbitration with any
claim or controversy of any other party. The arbitration shall be held in
California, USA.
All information relating to or disclosed by any party
in connection with the arbitration of any disputes hereunder shall be treated by the
parties, their representatives, and the arbitrator as proprietary business
information. Such information shall not be disclosed by any party or their
respective representatives without the prior written authorization of the party
furnishing such information. Such information shall not be disclosed by the
arbitrator without the prior written authorization of all parties. Each party shall
bear the burden of its own counsel fees incurred in connection with any arbitration
proceedings.
Judgment upon the award returned by the arbitrator may
be entered in any court having jurisdiction over the parties or their assets or
application of enforcement, as the case may be. Any award by the arbitrator shall be
the sole and exclusive remedy of the parties. The parties hereby waive all rights to
judicial review of the arbitrator's decision and any award contained therein.
17. Limitation of Liability
YOUR USE OF THE CONTENT IS AT YOUR OWN RISK.
EmailsAndSurveys.com INC SPECIFICALLY DISCLAIMS ANY LIABILITY, WHETHER BASED
IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, FOR ANY DIRECT,
INDIRECT, INCIDENTAL, PUNITIVE, CONSEQUENTIAL, OR SPECIAL DAMAGES ARISING OUT OF OR
IN ANY WAY CONNECTED WITH ACCESS TO, USE OF OR RELIANCE ON THE CONTENT (EVEN IF
EmailsAndSurveys.com INC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES)
OR THAT ARISE IN CONNECTION WITH MISTAKES OR OMISSIONS IN, OR DELAYS IN TRANSMISSION
OF, INFORMATION TO OR FROM THE USER, ANY FAILURE OF PERFORMANCE, ERROR, OMISSION,
INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION OR DELIVERY,
COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED
ACCESS TO, ALTERATION OF, OR USE OF RECORDS, PROGRAMS OR FILES, INTERRUPTIONS IN
TELECOMMUNICATIONS CONNECTIONS TO THE WEBSITE OR VIRUSES, WHETHER CAUSED IN WHOLE OR
IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, THEFT OR DESTRUCTION
OF, OR UNAUTHORIZED ACCESS TO THE WEBSITE OR THE CONTENT. THIS LIMITATION OF
LIABILITY MAY BE DIFFERENT IN CONNECTION WITH SPECIFIC PRODUCTS AND SERVICES OFFERED
BY EmailsAndSurveys.com INC. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF
LIABILITY, SO THIS LIMITATION MAY NOT APPLY TO YOU.
18. Indemnity
You agree to defend, indemnify, and hold
EmailsAndSurveys.com INC, its officers, directors, employees, agents,
licensors, and suppliers, harmless from and against any claims, actions or demands,
liabilities and settlements including without limitation, reasonable legal and
accounting fees, resulting from, or alleged to result from, your violation of these
Terms of Use.
B. ADDITIONAL TERMS APPLICABLE ONLY TO REGISTERED
USERS
19. Accounts And Security
EmailsAndSurveys.com INC does not warrant that
the functions contained in the service provided by the Website will be uninterrupted
or error-free, that defects will be corrected or that this service or the server
that makes it available will be free of viruses or other harmful components.
As part of the registration process, each user will
select a password (“Password”) and Login Name (“Login Name”). You shall provide
EmailsAndSurveys.com INC with accurate, complete, and updated Account
information. Failure to do so shall constitute a breach of this Terms of Use, which
may result in immediate termination of your Account.
You may not:
1. Select or use a Login Name of another person with
the intent to impersonate that person;
2. Use a name subject to the rights of any other
person without authorization;
3. Use a Login Name that Website, in its sole
discretion, deems inappropriate or offensive.
4. Use or sell EmailsAndSurveys.com services in
competition against any line of business of Kaiasoft without express written
approval.
5. Send any email that violates US laws or encourages
behavior that might be deemed offensive to others as defined by the Officers of
EmailsAndSurveys.com INC
6. Aggressively market, SPAM or send viral marketing
campaigns
7. Take any measure that does not respect a user to
Opt Out of your Email Communication
8. Only send email to users that want to receive them.
9. Upload any content that may contain a computer
virus or cause harm to a subscriber
10. Send any emails that the management of
EmailsAndSurveys.com INC finds objectionable
You shall notify EmailsAndSurveys.com INC of any
known or suspected unauthorized use(s) of your Account, or any known or suspected
breach of security, including loss, theft, or unauthorized disclosure of your
password. You shall be responsible for maintaining the confidentiality of your
password.
Any fraudulent, abusive, or otherwise illegal activity
may be grounds for termination of your Account, at EmailsAndSurveys.com INC’s
sole discretion, and you may be reported to appropriate law-enforcement agencies.
Contact us: If you would like to request additional
information regarding these Terms of Use, please contact us at support@emailsandsurveys.net.