The following terms and conditions for use (this "Terms of Use") govern all use of the surveyfunnel.io website (the "Website") and all content, services, features, activities and products available at or through the Website, including but not limited to the website (the "" and, together with all other content, services, features, activities and products available through the Website, the "Services"). The Services are owned and operated by Survey Funnel.io, Inc. ("we" or "Survey Funnel.io"). Please read these Terms of Use carefully before using the Services.
BY USING OR ACCESSING THE SERVICES, YOU (with respect to users of the , the terms "you" or "yours" include the person or entity that is registered with the as well as any third parties authorized to access the on that person or entity's behalf) AGREE TO BE BOUND BY THIS TERMS OF USE AND BY THE Survey Funnel.io PRIVACY POLICY, WHICH IS INCORPORATED BY REFERENCE HEREIN IN ITS ENTIRETY. THIS TERMS OF USE AND THE Survey Funnel.io PRIVACY POLICY CONSTITUTE A LEGALLY BINDING AGREEMENT BETWEEN YOU AND Survey Funnel.io THAT CONDITIONS YOUR USE OF THE SERVICES (this "Agreement"). If you do not agree to all the terms and conditions of this Agreement, you may not use the Services.
To register for the and create an account, you must complete the registration process by providing Survey Funnel.io with the information prompted by the registration form, including e-mail address (username), password, and billing information. You agree to provide us with complete and accurate information when you register for the , and to keep such information up to date.
You shall protect your username and password and are solely responsible for activities that occur under or through your account, including activities initiated by third parties, whether or not such activities are authorized by you. If you allow a third party to access the on your behalf, you shall ensure that such third party is bound by, and abides by, the terms of this Agreement. You agree to notify Survey Funnel.io immediately of any unauthorized use of your account or any other breach of security relating to your account or your use of the .
Survey Funnel.io may access your account, or information associated with your account, to provide support or maintenance, for security-related reasons, or any other business purpose. You acknowledge and consent to such access.
Subject to the terms and conditions of this Agreement, Survey Funnel.io hereby grants you a limited, revocable, non-exclusive, non-transferable and non-assignable license to (i) include the Survey Funnel.io-provided JavaScript (together with any fixes, updates and upgrades provided to you, the "Survey Funnel.io Script") in the HTML code for web page(s) that are properly registered for the and owned by you, solely for the purposes of accessing and providing information to the and accessing information available from the with respect to such web page(s); and (ii) remotely access the to view and download your reports stored on the Survey Funnel.io Website, located at http://surveyfunnel.io
Except as expressly set forth herein, you shall not (A) use, reproduce, modify or create derivative works of the Survey Funnel.io Script, or (B) transfer, lease, lend, sublicense, use for timesharing, or service bureau purposes, resell or otherwise distribute or allow third-party access to all or any portion of the Survey Funnel.io Script or the .
Survey Funnel.io offers a range of subscription plans to its s, including, without limitation, a "Basic Plan," a "Standard Plan," a "Plus Plan," a "Pro Plan," and "Custom Plans." As an express condition of your use of and access to the , you agree to pay all fees applicable to your subscription plan (your "Plan"), any other fees for additional services you may purchase, and any applicable taxes in connection with your use of the . To view the specific details of your Plan, including pricing information and the commencement date of your next renewal period, visit the Survey Funnel.io Website, login at http://surveyfunnel.io/login and click the "Your Account" page after logging in.
The is priced based on usage, determined by the number of page views (each, a "Visit") of a registered web page for a specified usage period (each, a "Session"). With respect to each such web page, Survey Funnel.io will not, and will have no obligation to, collect, maintain, provide or analyze any further information relating to your web page, analyze such information in reports or provide information or reports once you (i) reach the maximum number of Visits for your Session, as specified in your Plan; or (ii) reach the maximum amount of usage time for your Session, as specified in your Plan, whichever occurs first.
We may, upon any notice required by applicable law, change the fees for the at any time or require new fees or charges. Such changes will be effective immediately upon posting on our Website; provided, however, that such fee changes will be effective only as to prospective orders (including renewals) accepted by Survey Funnel.io after the effective date of such change. Please be aware that any discounts applicable to previous subscriptions may not apply to renewed subscriptions.
Your Plan, which may start with a Free Trial Period (described below), will renew automatically and continue month-to-month or year-to-year (depending on your Plan) unless and until you cancel your Plan or we terminate it, in each case pursuant to the terms of this Agreement (see Section 3.6 ("Account Cancellation") and Section 12 ("Term and Termination")). You must cancel your Plan before it renews in order to avoid fees due under the next billing cycle. To view the specific details of your Plan, including the commencement date of your next renewal period, visit the Survey Funnel.io Website, login at http://surveyfunnel.io/login and click the "Your Account" page after logging in. We will bill the fees due under your Plan to the credit card you provide to us during registration (or to a different credit card if you change your payment information). You acknowledge that the amount billed for each renewal period may vary due to promotional offers, changes in your Plan, and changes in applicable taxes, and you authorize us to bill you the corresponding amounts.
We reserve the right to deactivate your access to the for failure to pay applicable fees as described in this Agreement. Unless otherwise stated, all fees are stated in U.S. Dollars.
All fees for your Plan will be billed to your credit card. You authorize the card issuer to pay any amounts described herein and in your Plan and authorize us (or a billing agent acting on our behalf) to continue charging all such amounts to your credit card account until you or we cancel or terminate your Plan as provided herein or these amounts are paid in full, whichever is later. You must provide current, complete and accurate billing and credit card information. You must promptly update all billing information (such as billing address, card number and expiration date) to keep your account current, complete and accurate, and you must promptly notify Survey Funnel.io if your credit card is lost or stolen, or if you become aware of a potential breach of security (such as an unauthorized disclosure or use of your username or password). You authorize us to obtain updated or replacement expiration dates for your credit card in the event that the credit card you provided us expires. We reserve the right to charge any renewal card issued to you as a replacement. If payment is not received from your credit card issuer, you agree to pay all amounts due upon demand. You agree to pay all costs of collection, including attorney's fees and costs, on any outstanding balance. In certain instances, the issuer of your credit card may charge you a foreign transaction fee or related charges, which you will be responsible to pay. Please check with your bank and credit card issuer for details.
As between the parties, you shall retain ownership of any information, data and statistics that Survey Funnel.io obtains from your website, such as raw data and log files generated by the .
You hereby grant to Survey Funnel.io, and you agree to grant to Survey Funnel.io, a royalty-free, non-exclusive, irrevocable, limited right and license to access your registered web page(s) and to collect any information concerning users' actions or activities on your web page(s), any information sent to you by users' web browsers concerning users' activities immediately prior to visiting your web page(s) (e.g., URL information and HTTP header information), and/or any data or other information you provide to Survey Funnel.io (collectively "Client Data") for (i) providing you with reports and other functions related to the ; (ii) analyzing and improving the ; and/or (iii) compiling aggregate data derived from your use of the to compile statistics, metrics, insights and general trend data about the for, among other things, marketing and promotional purposes.
You represent and warrant that you have all rights, licenses, and consents required to license Client Data to Survey Funnel.io on these terms, and further represent and warrant that this license does not infringe the rights of any third party or violate any applicable law or regulation.
By posting any software, information, data, databases, music, audio, video or audiovisual files, photographs, images, documents, text, digital files, forum messages, reviews, comments or other material ("Material") to the Website, you hereby grant Survey Funnel.io an irrevocable, perpetual, non-exclusive, royalty-free worldwide license to reproduce, adapt, distribute, perform or publicly display all or any portion of the Material on our Services. You further represent and warrant that you own all rights to such Material and that this license does not infringe the rights of any third party or violate any applicable law or regulation.
Survey Funnel.io's Privacy Policy is incorporated into this Agreement and is available at http://surveyfunnel.io/privacy.
As used in this Section 5, "Personally Identifiable Information" refers to information that can be used to personally identify an individual, such as name, address and phone number.
The Survey Funnel.io Script may store a cookie on computers used by those who visit your website ("Visitors"). This cookie contains a cookie value that allows Survey Funnel.io to detect if the Visitor is a returning Visitor or a first-time Visitor. No Personally Identifiable Information relating to the Visitor or details about your website's content or statistics are stored within the cookie.
With respect to Visitors, you will not (i) use the to collect Personally Identifiable Information; (ii) use the to associate any data gathered from your website with any Personally Identifiable Information from any source; or (iii) pass on or transmit any Personally Identifiable Information to Survey Funnel.io and/or the for any purpose. You will implement, make accessible via a clear and prominent link on each web page that uses the , and abide by an appropriate privacy policy and comply with all applicable laws relating to the collection and disclosure of information from Visitors. Such policy must provide notice to Visitors of (A) your use of any cookie that collects anonymous data about Visitors; (B) your use of the ; (C) a link to the Survey Funnel.io's Privacy Policy; and (D) a link to Survey Funnel.io's opt-out feature.
Your Survey Funnel.io account is protected by a username and password, and should be accessed only by you or authorized third parties. For maximum protection, you should protect against unauthorized access to your username and password and remember to log off when using any shared computer or device. Survey Funnel.io has implemented reasonable security mechanisms to protect your information and Client Data from loss, misuse and unauthorized access, disclosure, alteration and destruction. Examples of these security mechanisms include limited access, firewalls and SSL encryption to protect transmission of data. However, please keep in mind that no security system is impenetrable. It may be possible for third parties to intercept or access Client Data, information you provide to Survey Funnel.io, information we compile on your behalf, and/or information that we collect about you. Survey Funnel.io cannot guarantee the security of such information and is not responsible for unauthorized access to client accounts.
Survey Funnel.io will not knowingly permit access to, or otherwise divulge to a third party, the statistical information we compile for you except for the express purpose of generating reports which have been authorized by or approved by you, or unless acting under a good faith belief that such action is necessary to (i) conform to legal requirements or comply with legal process; (ii) protect and defend the rights or property of Survey Funnel.io; (iii) enforce our agreements with clients and/or Visitors; (iv) troubleshoot problems with the Services; or (v) generate aggregate reports as set forth below.
Survey Funnel.io reserves the right to aggregate certain broad categories of data (such as internet browser usage and screen resolution) across some or all of the websites using Survey Funnel.io for the purposes set forth in Section 4 ("License to Client Data") and/or to compile reports regarding general web usage or trends, which may be provided to third parties. This information will be presented only in aggregate form, and in no event will we compile specific site data that identifies clients or clients' Visitors without client permission.
You may not use the s in connection with any website labeled or described as a "Kid's" or "Children's" website or any website directed at individuals under the age of 13.
Any opinions expressed by the contributors, authors and moderators who post content to the Website are the personal opinions of the authors, not of Survey Funnel.io, whether or not the authors are employees or contractors of Survey Funnel.io. The Website and all materials published and/or distributed on or through the Website (including, but not limited to news articles, photographs, images, illustrations, audio clips and video clips) are provided for informational and entertainment purposes only and are not meant to be an endorsement or representation by Survey Funnel.io or any other party.
Except for the limited licenses expressly granted herein, Survey Funnel.io expressly reserves all right, title and interest in and to the Survey Funnel.io Script, content on the Survey Funnel.io Website, and all processing, analytics, and other software and technology used by Survey Funnel.io in the analysis of your website and/or the provision of the ("Survey Funnel.io Technology"), including, without limitation, any derivatives, improvements, enhancements or extensions of the Survey Funnel.io Technology conceived, reduced to practice or otherwise developed on or on behalf of Survey Funnel.io, all of which are valuable assets of Survey Funnel.io, and any copyright, patent or trademark or other intellectual property right, or federal or state right, pertaining thereto.
You shall not (i) use, or allow the use of, the Services or any Survey Funnel.io Technology, except pursuant to the limited rights expressly granted in this Agreement; (ii) use the Services in any manner that is inconsistent with user documentation, if any, supplied to you by Survey Funnel.io or inconsistent with Survey Funnel.io's standard security procedures, if any, accessible through your user interface; (iii) attempt to reverse engineer, hack into, or compromise any aspect of the Services or Survey Funnel.io Technology, or attempt to access data of any other customer of Survey Funnel.io; (iv) remove, obscure or alter any legal notices, including notices of intellectual property rights appearing in or on any materials delivered to you by Survey Funnel.io; (v) use, post, transmit or introduce any device, software or routine that interferes or attempts to interfere with the operation of the Services; (vi) use the Services, or any Survey Funnel.io Technology, for academic research or research unrelated to your Visitors or the web page(s) registered for use with the Services, contemplated litigation, scholarship, or any other unintended purpose; (vii) post or transmit any libelous, defamatory, indecent, obscene, abusive or pornographic message, data, image or program; (viii) post or transmit any message, data, image or program that would violate any property rights of others; (ix) upload or download files that contain software or other material protected by intellectual property laws, rights of privacy or publicity, or any other applicable law unless you own or control the rights to such files or have received all necessary consents; or (x) use the Services to threaten, harass, or otherwise violate the legal rights (including rights of privacy and publicity) of others.
You acknowledge that any Material you post, upload, or submit to the Website may be edited, removed, deleted, modified, published, transmitted, and displayed by Survey Funnel.io in its sole discretion and without your permission and you waive any rights you may have in having the material altered or changed in a manner not agreeable to you. You expressly agree that we may remove, disable or restrict access to or the availability of any Material from the Website at any time, for any reason or for no reason at all. Survey Funnel.io reserves the right to treat Material as content stored at the direction of users for which Survey Funnel.io will not exercise control except to block or remove content that comes to Survey Funnel.io's attention and is offensive, obscene, lewd, lascivious, filthy, violent, harassing, threatening, abusive, illegal, libelous, defamatory, fraudulent, deceptive, misleading or otherwise objectionable to Survey Funnel.io, or to enforce the rights of third parties or the content restrictions set forth in this Agreement when notice of their violation comes to Survey Funnel.io's attention. However, Survey Funnel.io shall not be responsible for controlling or editing any Material and Survey Funnel.io cannot ensure prompt removal of inappropriate or unlawful Material. Under no circumstances will we be held liable for removing, disabling or restricting access to or the availability of Material.
You agree to indemnify, hold harmless and (if requested by Survey Funnel.io) defend Survey Funnel.io, at your expense, against any and all third-party claims, actions, proceedings, and suits asserted against Survey Funnel.io or any of its officers, directors, employees, agents or affiliates, and all related liabilities, damages, settlements, penalties, fines, costs or expenses (including, without limitation, reasonable attorneys' fees) incurred by Survey Funnel.io or any of its officers, directors, employees, agents or affiliates, arising out of or relating to (i) your breach of any term or condition of this Agreement, (ii) your use of the Services, or (iii) your unauthorized use of the Survey Funnel.io Script. In such instances, Survey Funnel.io will provide you with electronic and written notice of such third-party claim, action, proceeding, or suit to the last e-mail address and mailing address furnished to Survey Funnel.io within 30 days of learning of such claim. You shall cooperate as fully as reasonably required in the defense of any claim. Survey Funnel.io reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you.
You represent and warrant to Survey Funnel.io that you (i) own all right, title and interest in and to the URLs of your website; (ii) own or have obtained all rights necessary to publish all of the content published on or through your website and the user interface of your website; and (iii) have obtained all necessary consent(s) from Visitors required to enable the Services.
In addition, you grant Survey Funnel.io the right to access Client Data for the purposes of (A) providing you with reports and other functions related to the Services; (B) analyzing and improving the Services; and/or (C) compiling aggregate data derived from your use of the Services to compile statistics, metrics, insights and general trend data about the Services for, among other things, marketing and promotional purposes.
The information, reports and services included in or available through the Services may include inaccuracies or typographical errors. Changes are periodically added to the information herein. Survey Funnel.io and/or its respective vendors may make improvements and/or changes in the Services at any time, without obligation to notify any person or entity of such changes.
The Services may contain links to third party websites ("Third Party Websites"). Access to Third Party Websites is at your own risk and Survey Funnel.io is not responsible for the accuracy, availability or reliability of any information, goods, data, opinions, advice or statements made available on Third Party Websites. The Third Party Websites are not under the control of Survey Funnel.io and as such, Survey Funnel.io is not liable for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any Third Party Website. Survey Funnel.io provides these links merely as a convenience and the inclusion of such links does not imply an endorsement or recommendation.
Survey Funnel.io does not represent or warrant that (1) the Services will be error-free or accessible at particular times, (2) defects will be corrected, (3) the Services, or the server(s) that makes it available, are free of viruses or other harmful components, or (4) the use or the results of the use of the Services or the materials made available as part of the Services will be correct, accurate, timely, or otherwise reliable. You specifically agree that Survey Funnel.io shall not be responsible for unauthorized access to or alteration of your data.
THE SERVICES, THE Survey Funnel.io SCRIPT AND ANY REPORTS DERIVED THEREFROM ARE PROVIDED "AS IS" AND THERE ARE NO WARRANTIES, CLAIMS OR REPRESENTATIONS MADE BY Survey Funnel.io EITHER EXPRESS, IMPLIED, OR STATUTORY, WITH RESPECT TO THE SERVICES, THE Survey Funnel.io SCRIPT, THE REPORTS, OR ANY DOCUMENTATION, INCLUDING WARRANTIES OF QUALITY, PERFORMANCE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE, NOR ARE THERE ANY WARRANTIES CREATED BY COURSE OF DEALING, COURSE OF PERFORMANCE, OR TRADE USAGE. Survey Funnel.io DOES NOT WARRANT THAT THE SERVICES, THE Survey Funnel.io SCRIPT OR ANY REPORTS DERIVED THEREFROM WILL MEET YOUR NEEDS OR BE FREE FROM ERRORS, OR THAT THE OPERATION OF THE SERVICES WILL BE UNINTERRUPTED. THE FOREGOING EXCLUSIONS AND DISCLAIMERS ARE AN ESSENTIAL PART OF THIS AGREEMENT AND FORMED THE BASIS FOR DETERMINING THE PRICE CHARGED FOR THE ANALYSIS SERVICES. SOME STATES DO NOT ALLOW EXCLUSION OF AN IMPLIED WARRANTY, SO THIS DISCLAIMER MAY NOT APPLY TO YOU IN FULL.
Survey Funnel.io does not guarantee, and shall have no liability for, any Services downtime, including, without limitation, any downtime (i) caused by outages to any public Internet backbones, networks or servers; (ii) caused by any failures of your equipment, systems or local access services; (iii) for previously scheduled maintenance; or (iv) relating to events beyond Survey Funnel.io's control, such as strikes, riots, insurrections, fires, floods, explosions, war, governmental actions, labor conditions, earthquakes, natural disasters, or interruptions in Internet services to an area where Survey Funnel.io or your servers are located or co-located.
Survey Funnel.io WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, SPECIAL, PUNITIVE, CONSEQUENTIAL (INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR LOST DATA COLLECTED THROUGH THE SERVICES), OR INCIDENTAL DAMAGES, WHETHER BASED ON A CLAIM OR ACTION OF CONTRACT, WARRANTY, NEGLIGENCE, STRICT LIABILITY, OR OTHER TORT, BREACH OF ANY STATUTORY DUTY, INDEMNITY OR CONTRIBUTION, OR OTHERWISE, EVEN IF Survey Funnel.io HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE EXCLUSION CONTAINED IN THIS PARAGRAPH SHALL APPLY REGARDLESS OF THE FAILURE OF THE EXCLUSIVE REMEDY PROVIDED IN THE FOLLOWING PARAGRAPH. SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU IN FULL
Survey Funnel.io'S CUMULATIVE LIABILITY TO YOU OR ANY OTHER PARTY FOR ANY LOSS OR DAMAGES RESULTING FROM ANY CLAIMS, DEMANDS, OR ACTIONS ARISING OUT OF OR RELATING TO THIS AGREEMENT SHALL NOT EXCEED THE AGGREGATE FEES PAID TO Survey Funnel.io FOR USE OF THE SERVICES.
If the use of the is being acquired by or on behalf of the U.S. Government or by a U.S. Government prime contractor or subcontractor (at any tier), in accordance with 48 C.F.R. § 227.7202-4 (for Department of Defense ("DOD") acquisitions) and 48 C.F.R. §§ 2.101 and 12.212 (for non-DOD acquisitions), the Government's rights in Survey Funnel.io Technology, including its rights to use, modify, reproduce, release, perform, display or disclose Survey Funnel.io Technology, will be subject in all respects to the commercial license rights and restrictions provided in this Agreement.
Survey Funnel.io may terminate or suspend access to the Services immediately, without prior notice or liability, if you breach this Agreement or for any other reason.
Either party may terminate the s at any time and for any reason. To terminate your use of the , please follow the steps described in Section 3.6 ("Account Cancellation"). Requests to cancel by e-mail or phone are not considered, and do not accomplish, cancellation.
Upon any termination of the s (i) Survey Funnel.io will cease providing the ; (ii) you will delete all copies of the Survey Funnel.io Script from your web page(s); (iii) any outstanding balance payable by you to Survey Funnel.io will become immediately due and payable and any collection expenses incurred will be included in the amount owed; (iv) you will not be entitled to any refunds of any usage fees or any other fees; and (v) all of your historical report data will no longer be available to you through Survey Funnel.io.
In addition, upon expiration of any Session with respect to a web page, you shall delete all copies of the Survey Funnel.io Script from such web page. You understand and acknowledge that, unless and until the Survey Funnel.io Script is deleted from a web page, the Survey Funnel.io Script may continue to track information on such web page on an automated basis.
Our employees are not authorized to vary the terms of this Agreement. This Agreement may be modified only (i) by obtaining our written consent in a notarized agreement signed by an officer of Survey Funnel.io; or (ii) as set forth below in the immediately following paragraph.
You agree that Survey Funnel.io may modify the terms of this Agreement or any policy governing the Services from time to time, and that your right to access the Services is conditioned on an ongoing basis with your compliance with the then-current version of this Agreement. We will notify you of any material revisions or modifications to the Agreement by posting a notice on the Survey Funnel.io Website for 30 days following any revisions or modifications to this Agreement and/or by posting a notice on the Survey Funnel.io Website the first time that you visit the Website following such revisions or modifications. You will be deemed to have agreed to the new terms and conditions if you continue to access the Services after the passage of 30 days from the time the revised terms and conditions are first posted on the Website. We assume no responsibility for your failure to actually receive notice. You are responsible for regularly reviewing the Website for revisions to this Agreement.
You will not use the Services in any way or for any purpose that would violate, or would have the effect of violating, any applicable laws, rules or regulations or any rights of any third parties, including without limitation, any law or right regarding any copyright, patent, trademark, trade secret, music, image, or other proprietary or property right, false advertising, unfair competition, defamation, invasion of privacy or rights of celebrity.
Survey Funnel.io shall be excused from performance hereunder to the extent that performance is prevented, delayed or obstructed by causes beyond its reasonable control.
This Agreement (including any amendment thereto) represents the complete agreement between us concerning its subject matter, and supersedes all prior agreements and representations between the parties. If any provision of this Agreement is held to be unenforceable for any reason, such provision shall be reformed to the extent necessary to make it enforceable to the maximum extent permissible so as to reflect the intent of the parties, and the remainder of this Agreement shall continue in full force and effect.
Certain portions of this Section 15.3 are deemed to be a "written agreement to arbitrate" pursuant to the Federal Arbitration Act. You and Survey Funnel.io agree that we intend that this Section 15.3 satisfies the "writing" requirement of the Federal Arbitration Act.
If any controversy, allegation, or claim arises out of or relates to the Services, the Website, your Plan, or this Agreement, including but not limited to claims for indemnification, contribution, or cross-claims in a pending action involving one or more third parties (collectively, a "Dispute"), then either you or Survey Funnel.io may elect to submit the Dispute to be finally and exclusively resolved by binding arbitration before a sole arbitrator in accordance with the then current Commercial Arbitration Rules of the American Arbitration Association. If an in-person arbitration hearing is required, then it will be conducted in St. Johns County, Florida; but if the applicable arbitration rules or laws require the arbitration to be conducted in the "metropolitan statistical area" (as defined by the U.S. Census Bureau) where you are a resident at the time the Dispute is submitted to arbitration, Survey Funnel.io shall have the right to elect to proceed to arbitration in such location. All parties to the arbitration will have the right, at their own expense, to be represented by an attorney or other advocate of their choosing. You and Survey Funnel.io will pay the administrative and arbitrator's fees and other costs in accordance with the applicable arbitration rules; but if applicable arbitration rules or laws require Survey Funnel.io to pay a greater portion or all of such fees and costs in order for this Section 15.3 to be enforceable, then Survey Funnel.io will have the right to elect to pay the fees and costs and proceed to arbitration.
In arbitration, as with a court, the arbitrator must honor the terms of this Agreement and can award the prevailing party damages and other relief (including attorneys' fees). However, WITH ARBITRATION (i) THERE IS NO JUDGE OR JURY, (ii) THE ARBITRATION PROCEEDINGS AND ARBITRATION OUTCOME ARE SUBJECT TO CERTAIN CONFIDENTIALITY RULES, AND (iii) JUDICIAL REVIEW OF THE ARBITRATION OUTCOME IS LIMITED.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IF YOU OR WE WANT TO ASSERT A DISPUTE AGAINST THE OTHER, THEN YOU OR WE MUST COMMENCE IT WITHIN 1 YEAR AFTER THE DISPUTE ARISES — OR IT WILL BE FOREVER BARRED.
The foregoing provisions of this Section 15.3 will not apply to any (A) legal action taken by Survey Funnel.io to seek an injunction or other equitable relief in connection with any loss, cost, or damage (or any potential loss, cost, or damage) relating to the Services, the Website, your Plan, this Agreement and/or Survey Funnel.io's intellectual property rights (including such Survey Funnel.io may claim that may be in dispute), Survey Funnel.io's operations, and/or Survey Funnel.io's products or services or (B) controversy, allegation or claim that arises out of relates to Survey Funnel.io's actual or alleged intellectual property rights.
TO THE FULLEST EXTENT PERMITTED BY LAW, YOU AGREE THAT NO ARBITRATION SHALL BE JOINED WITH ANY OTHER; THERE IS NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE ARBITRATED ON A CLASS-ACTION BASIS OR TO UTILIZE CLASS ACTION PROCEDURES; AND THERE IS NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE BROUGHT IN A PURPORTED REPRESENTATIVE CAPACITY ON BEHALF OF THE GENERAL PUBLIC OR ANY OTHER PERSONS.
This Agreement shall be governed by and construed under the laws of the state of Florida without reference to its conflict of law principles. In the event of any conflicts between foreign law, rules, and regulations, and Florida law, rules, and regulations, Florida law, rules and regulations shall prevail and govern. Except to the extent that arbitration is required in accordance with Section 15.3 above, any action or proceeding relating to a Dispute may only be instituted in state or federal court in St. Johns County, Florida. Accordingly, each party agrees to submit to the exclusive and personal jurisdiction of the courts located in St. Johns County, Florida. The United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transactions Act shall not apply to this Agreement. The Survey Funnel.io Script and Survey Funnel.io Technology are controlled by U.S. Export Regulations, and may not be exported to or used by embargoed countries or individuals.
Survey Funnel.io may deliver notice to you under this Agreement by means of electronic mail, a general or specific notice on the Services, a communication to your Survey Funnel.io account or by written communication delivered by first class U.S. mail to your address on record.
Any notices to Survey Funnel.io must be sent to:
Survey Funnel.io
21784 Tall Timbers Rd, Nisswa, MN 56468
via first class or air mail or overnight courier, and are deemed given upon receipt. A waiver of any default is not a waiver of any subsequent default.
You may not assign or otherwise transfer any of your rights hereunder without Survey Funnel.io's prior written consent, and any such attempt is void. The relationship between Survey Funnel.io and you is not one of a legal partnership relationship, but is one of independent contractors. This Agreement shall be binding upon and inure to the benefit of the respective successors and assigns of the parties hereto.
The headings of the sections contained in this Agreement are for convenience only and shall not be deemed to control of affect the meaning or construction of any provision of this Agreement.
Recognizing the global nature of the Internet and the rapid changes around online privacy, you agree to comply with all local rules regarding online conduct and acceptable content. Without limiting the foregoing, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside and to comply with any other local laws affecting the Services.
This Terms of Use is effective as of June 6, 2014.