Terms of Agreement
Last updated July 01, 2022
1. Acceptance of Terms
SurveySquare.com (collectively, “we” ) provide our Internet sites and the content, products and services offered on or through those sites (collectively, the “Services”), to you subject to the following Terms of Agreement (“TOA”). Your use of the Services in whole or in part constitutes your binding acceptance of these TOA. If you do not agree to these TOA, you should not use the Services.
Some Services may be subject to additional posted rules, policies and terms. When you use those Services, you and SurveySquare.com shall be subject to those additional conditions, which are incorporated by reference into these TOA (and, consequently, form part of your agreement with us). Other Services may be governed by different usage terms (for example, different usage terms apply to users of our Event Square Internet site). In the event of an inconsistency between these TOA and any additional posted conditions or separate usage terms, the provisions of the additional conditions and/or separate usage terms shall prevail.
Because we may modify all or any part of these TOA from time to time without notice to you, you should check back often so you are aware of your current rights and responsibilities. Your continued use of a given Service after changes to the TOA have been published on that Service constitutes your binding acceptance of the updated TOA. If at any time the TOA are no longer acceptable to you, you should immediately cease all use of the Services.
2. Description of Services
SurveySquare.com is an online subscription based service which, thru its use, allows its members to design, create, deploy and analyze their own surveys thru the use of the World Wide Web. The subscription terms and prices vary and are based on the length of service and the type of organization (For Profit/Non-Profit/Individuals). Please refer to the pricing plans available on our SurveySquare.com website for current rates.
It is your responsibility for obtaining access to the Services and that access may involve third party fees (such as Internet service provider or airtime charges). You are responsible for those fees, including those fees associated with the display or delivery of advertisements. In addition, you must provide and are responsible for all equipment necessary to access the Services.
3. General Rules of Conduct
Your use of the Services is subject to all applicable local, state, national and international laws and regulations, and you agree not to violate such laws and regulations. In addition, you agree that:
- you will not interfere with another member’s use and enjoyment of the Services;
- you will not interfere with or disrupt the security measures of the Services;
- you will not interfere with or disrupt networks connected to the Services, and will comply with all regulations, policies and procedures of such networks; and
- you will comply with United States law regarding the transmission of technical data exported from the United States.
You further agree that you will not use the Services to:
- send or result in the transmission of pornographic, obscene, offensive, threatening, harassing, libelous, harmful, hate-oriented, defamatory, racists, illegal, junk e-mail, chain letters, duplicative or unsolicited messages, or so-called “spamming”;
- send any materials, including surveys and requests to take surveys, to any persons under the age of 18 years unless and until you have taken and followed all necessary action and compliance pursuant to state and federal laws;
- promote or generate revenue for any business or commercial purposes, whether or not for a charge or through linking with any other web services or pages, unless authorized by SurveySquare.com;
- upload or distribute in any way any files that contain corrupted files or viruses or any similar software or programs that may damage the operation of anyone else’s computer, the Service or the Site;
- impersonate any person or entity;
- intentionally or unintentionally violate any applicable local, state, national or international law;
- “stalk” or otherwise harass another; or
- collect or store personal data about other users.
If you engage in any activity set fort in the preceding paragraph or violate any terms or conditions of these Terms of Agreement, your account will be terminated along with the use of the Service and Site. We will report any unlawful conduct to the appropriate authorities and turn over any and all information regarding such activity to the appropriate persons or entities.
4. SurveySquare.com’s Proprietary Rights
All Services software, design, text, images, photographs, illustrations, audio and video material, artwork, graphic material, database, proprietary information and all copyrightable or otherwise legally protectible elements of the Services, including, but not limited to, the selection, sequence and ‘look and feel’ and arrangement of items, and all trademarks, service marks and trade names, excluding any of your Postings (individually and/or collectively, “Material”), are the property of SurveySquare.com, its subsidiaries, affiliates, licensors or suppliers and are legally protected, without limitation, under U.S. Federal and State, as well as applicable foreign, laws, regulations and treaties. The compilation of all content on each site is the exclusive property of SurveySquare.com. You may not reproduce, modify, create derivative works from, display, perform, publish, distribute, disseminate, broadcast or circulate to any third party (including, without limitation, on or via a third party web site), or otherwise use, any materials contained on the Services (except for your Postings) without the express prior written consent of SurveySquare.com or its owner if SurveySquare.com is not the owner. In particular, you may not frame any Material without the express prior written consent of SurveySquare.com or the Material owner.
While your account is active and in good standing, 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. You must not alter, delete or conceal any copyright or other notices contained on the Services, including notices on any Material you download, transmit, print or reproduce from the Services. Any unauthorized or prohibited use of any Material, may subject you to civil liability or criminal prosecution, or both, under applicable federal and state laws. You further agree not to access the Service by any means other than through the interface that is provided by SurveySquare.com for use in accessing the Service.
Some of our Services may from time to time conduct promotions, including, but not limited to, contests and sweepstakes (“Promotions”). Each Promotion will have additional terms, conditions and rules which will be posted or otherwise made available to you and, for purposes of each Promotion in which you participate, will be deemed incorporated by reference into these TOA (and therefore a part of your agreement with SurveySquare.com).
6. Fee-Based Services
Some of our Services require that you to pay a fee to access or use such Service, as described in the specific conditions included where those Services are offered. You agree to pay all fees and charges that you incur. You must provide us with valid credit card information and must promptly update the Account Information page in SurveySquare.com with any changes to your credit card validity or expiration date. SurveySquare.com will keep your credit card information confidential. Unless otherwise noted, all currency references are in U.S. dollars. We may, upon notice if required by applicable laws, at any time change the amount of, or basis for determining, any fee or charge, or institute new fees or charges. All fees and charges are payable in accordance with payment terms in effect at the time the fee or charge becomes payable.
We will automatically renew and charge your account upon the expiration date of your subscription. Additionally, we will charge your account for additional survey response credits unless you have selected “OFF” for the auto-renew in the Account Information page. The renewal charge will be equal to the original subscription price, unless we notify you otherwise in advance. You may cancel your subscription at any time by selecting the ”Unsubscribe” button in the Account Information page in SurveySquare.com. Upon receipt of your cancel selection, we will promptly terminate your access to the Services. No refunds of subscription fees will be given. If payment cannot be charged to the credit card you have on file with us, we reserve the right to suspend or terminate your account and access to the Services. We reserve the right to terminate your subscription and/or discontinue Services at any time for any reason.
7. Registrations Obligations
8. Passwords and Other Security Issues
If we issue you a password, you agree to help protect your information by guarding that password, and by changing it as soon as possible if you believe its security has been compromised. If SurveySquare.com allows you to choose a username and you select, in SurveySquare.com’s sole discretion, one that is obscene, indecent, abusive or which is otherwise objectionable, SurveySquare.com has the right, without prior notice to you, to automatically change your username, deny you access to the Services, or any combination of these options. You may not transfer your registration, password or user name to another person or share it with anyone. We will not be responsible for any loss or damage that may result if you fail to comply with these requirements. If you believe your information has been used without your authorization, you agree to notify SurveySquare.com immediately.
10. Service Deactivation or Termination
We have the right, but not the obligation, to take any of the following actions in our sole discretion at any time and for any reason without giving you any prior notice:
- Restrict, suspend or terminate your access to all or any part of our Services;
- Refuse, move or remove for any reason any material that you submit on or through the Services;
- Refuse, move, or remove any content that is available on or through the Services;
- Deactivate or delete your accounts and all related information and files (Including surveys, responses and email addresses in your account;
- Establish general practices and limits concerning use of the Services
We may take any of the above actions for any legitimate business reason, as determined by SurveySquare.com in its sole discretion, including, but not be limited to, (a) breaches or violations of the TOA or other incorporated agreements or guidelines, (b) requests by law enforcement or other government agencies, (c) a request by you, (d) discontinuance or material modification to the Services (or any part thereof), and (e) unexpected technical or security issues or problems. You agree that we will not be liable to you or any third party for taking any of these actions.
You hereby agree to indemnify, defend and hold SurveySquare.com, its subsidiaries, parent corporation and affiliates, and all of their respective officers, directors, owners, employees, agents, licensors, representatives, licensors and suppliers (collectively, the “SurveySquare.com Parties”), harmless from and against any and all liability, losses, expenses, damages and costs (including attorneys’ fees), incurred by any SurveySquare.com Party in connection with any claim arising out of your use of the Services, any use or alleged use of your accounts or your passwords by any person, whether or not authorized by you, the content you submit, post, transmit or make available through the Services, your violation of these TOA, your connection to the Services, or your violation of the rights of any other person or entity.
SurveySquare.com reserves the right to assume, at its sole expense, the exclusive defense and control of any claim, action or other matter for which you are required to indemnify us, and all negotiations for settlement or compromise thereof, and you agree to fully cooperate with SurveySquare.com in the defense of any such claim, action, settlement or compromise negotiations, as requested by SurveySquare.com.
12. Disclaimers of Warranties
THE SERVICES, AND MATERIALS, PRODUCTS AND POSTINGS ARE MADE AVAILABLE ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY REPRESENTATION, PROMISE OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, OR ANY GUARANTY OR ASSURANCE THE SERVICES WILL BE AVAILABLE FOR USE, OR UNINTERRUPTED OR ERROR FREE, OR THAT ALL PRODUCTS, FEATURES, FUNCTIONS OR OPERATIONS WILL BE AVAILABLE OR PERFORM AS DESCRIBED OR THAT ANY ERRORS WILL BE CORRECTED. IN ADDITION, ANY MATERIAL THAT YOU DOWNLOAD OR OTHERWISE OBTAIN THROUGH OUR SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY POTENTIAL DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM YOUR DOWNLOAD OF ANY SUCH MATERIAL. Without limiting the foregoing, SurveySquare.com is not responsible or liable for any malicious code, delays, inaccuracies, errors, or omissions arising out of your use of the Services. As between you and SurveySquare.com, you are assuming the entire risk as to the quality, accuracy, performance, timeliness, adequacy, completeness, correctness, authenticity, security and validity of any and all features and functions of the Services, including, without limitation, postings and materials associated with your use of the Services. Under no circumstances shall any SurveySquare.com Party be liable for any loss or damage caused by your reliance on information obtained through the Services. It is your responsibility to evaluate the information, opinion, advice, or other content available through the Services.
13. Limitation of Liability
IN NO EVENT SHALL ANY SurveySquare.com PARTY BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY, UNDER ANY THEORY, INCLUDING NEGLIGENCE, FOR DAMAGES OF ANY KIND ARISING FROM THE USE OF THE SERVICES, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, ACTUAL, INCIDENTAL, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES, LOST INCOME, REVENUE OR PROFITS, LOST OR DAMAGED DATA, OR OTHER COMMERCIAL OR ECONOMIC LOSS, THAT RESULT FROM YOUR USE OF, OR INABILITY TO USE, THE SERVICES, EVEN IF SUCH SurveySquare.com PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR SUCH DAMAGES ARE FORESEEABLE. BY USING THE SERVICES, YOU AGREE THAT THIS LIMITATION WILL APPLY TO ANY MERCHANDISE, SERVICES, AND CONTENT THAT MAY BE AVAILABLE THROUGH SUCH SERVICES. IN THE EVENT THAT APPLICABLE LAW DOES NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR DAMAGES, YOU AGREE THAT IN NO EVENT SHALL THE TOTAL LIABILITY OF ANY SurveySquare.com PARTY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION OF ANY KIND EXCEED ONE HUNDRED DOLLARS ($100.00).
Notwithstanding any claim that a sole or exclusive remedy which is provided in this agreement may or does fail of its essential purpose, you specifically acknowledge and agree that your sole and exclusive remedy for any loss or damage shall be to have SurveySquare.com, upon written notice from you to us, attempt to repair, correct or replace any deficient Service and, if repair, correction or replacement is not reasonably commercially practicable for SurveySquare.com, in its sole discretion, to refund any monies actually paid by you for the Service involved and to terminate and discontinue your use of the Services.
General. This site is created, controlled and operated by SurveySquare.com in the USA, and is intended solely and exclusively for residents of the United States, its territories and possessions who are at least 13 years of age or older. If you choose to access this site from another location, you are responsible for complying with local laws, if and to the extent that local laws apply.
Entire Agreement. These TOA, including the policies referred to in these TOA, constitute the entire agreement between you and SurveySquare.com and govern your use of the Services, superceding any prior agreements between you and SurveySquare.com. As noted above, you also may be subject to additional terms and conditions that may apply when you use or purchase certain other SurveySquare.com services, affiliate services, third-party content or third-party software. These TOA cannot be changed or terminated orally.
Assignment. You agree that the TOA may be automatically assigned, in whole or in part, by SurveySquare.com or its affiliate to a third party, in our sole discretion, in connection with a merger, acquisition, reorganization or sale of substantially all of our assets, in whole or in part.
Choice of Law and Forum. The formation, construction and interpretation of this agreement shall be controlled by the laws of the State of Kansas, giving no effect to choice of law provisions. Any dispute relating to this agreement shall be subject to the exclusive jurisdiction of the state and federal courts in Kansas City, Kansas, U.S.A., and the parties agree to submit to the personal and exclusive jurisdiction of these courts.
No Third Party Beneficiaries. You agree that, except as otherwise expressly provided in this TOA, there shall be no third party beneficiaries to this Agreement.
Waiver and Severability of Terms. The failure of SurveySquare.com to exercise or enforce any right or provision of the TOA shall not constitute a waiver of such right or provision. If any provision of the TOA is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the TOA remain in full force and effect.
Statute of Limitations. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the TOA must be filed within one (1) year after such claim or cause of action arose or be forever barred.
For questions about terms of service, the practices of this site or any dealings with SurveySquare.com, contact us at:
4407 CR 2500
Independence, KS 67301
16. 30-Day Money Back Guarantee
At SurveySquare.com, we are 100% committed to providing you with the highest quality product and service. If we are not exceeding your expectations, or you are not completely satisfied, we want to HEAR from you.
If you are a subscriber and are not completely satisfied with our service we will refund the full cost of your subscription within the first 30 days of your subscription. Simply complete our Survey within the first 30 days of your first subscription period to receive your money back.