Terms & Conditions

Effective September 15, 2016

The following sets forth the terms of your use for the Survey Sampling International, LLC’s (“SSI”, “we” or “us”) Survey Builder tool (“Service”). You may be referred to as “you” or “Client” herein. Your use of the Survey Builder platform or on after September 15, 2016 shall evidence your consent to these terms.

Entire Agreement

This is the sole agreement between the parties with respect to the Service. This Agreement expressly supersedes any prior agreements and/or terms of use relating to the Service between you and SSI or any predecessor in interest to SSI, including but not limited to Instantly, Inc. and/or uSamp (United Sample). Any terms provided by either party following the execution hereof shall be of no force and effect relating to your use of the Service. Any master services agreement between the parties entered into prior to or after execution of this Agreement shall expressly exclude the Service.

Purchase of Sample

If your use of the Service includes the purchase of sample from SSI, such sample purchase shall be subject to additional terms.

Fees

All fees relating to the Service exclude tax and payment terms are net 30. Unless otherwise determined by local law, undisputed past due amounts will accrue interest at a rate of two percent (2%) per month.

Term

This Agreement shall continue until terminated by either party without cause upon thirty days written notice. In addition, the Service may be terminated and/or suspended at any time by SSI upon thirty (30) days electronic mail notice without further liability or obligation to you.

The Service is Offered on an “as is” Basis

SSI offers no service level and/or uptime commitments with respect to the Service, and you agree and acknowledge that you shall have no monetary claim for damages in the event the Service is not available to you during the term hereof. SSI HEREBY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED WITH RESPECT TO THE SERVICES AND DELIVERABLES PROVIDED HEREUNDER, IF ANY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF NON-INFRINGEMENT AND ANY IMPLIED WARRANTIES ARISING OUT OF A COURSE OF PERFORMANCE, DEALING, OR TRADE USAGE. TO THE EXTENT SSI MAY NOT, AS A MATTER OF APPLICABLE LAW, DISCLAIM ANY WARRANTY, THE SCOPE AND DURATION OF SUCH WARRANTY SHALL BE LIMITED TO THE MINIMUM PERMITTED UNDER SUCH APPLICABLE LAW.

Your Content

You agree that you either own or have lawfully licensed rights in or to all property, content, and material supplied, provided, and/or used in connection with the Service and its activities in connection therewith.

You agree to comply with all applicable laws, including but not limited to, intellectual property and privacy laws.

You agree that your surveys will not contain any obscene, pornographic, illegal, defamatory, libelous, fraudulent, abusive, indecent, infringing or misappropriating, or hateful material or content and you agree that SSI reserves the right to remove any such material or content, without your prior consent

You represent that the primary purpose of the questionnaire(s) is legitimate survey research not changing the opinion of any population (Push Polling), soliciting donations under the guise of research (FRUGGING), or direct selling of products and services under the guise of research (SUGGING).

Acceptable Use of the Service

You must comply with the following requirements when using the Service:

  1. You may not misuse our Service by interfering with their normal operation, or attempting to access them using a method other than through the interfaces and instructions that we provide;
  2. You may not circumvent or attempt to circumvent any limitations that SSI imposes on your use of the Service;
  3. Unless authorized by SSI in writing, you may not probe, scan, or test the vulnerability of any SSI system or network;
  4. Unless permitted by applicable law, you may not deny others access to, or reverse engineer, the Service, or attempt to do so;
  5. You may not transmit any viruses, malware, or other types of malicious software, or links to such software, through the Service;
  6. You may not engage in abusive or excessive usage of the Service, which is usage significantly in excess of average usage patterns that adversely affects the speed, responsiveness, stability, availability, or functionality of the Service for other users. SSI will endeavor to notify you of any abusive or excessive usage to provide you with an opportunity to reduce such usage to a level acceptable to SSI;
  7. You acknowledge and agree that you will not collect or record any respondent identifiable-information without the prior express written consent of SSI. If you collect or record respondent identifiable-information, without SSI’s prior express written consent, you agree you will not use, publish, disclose, transfer, or store the respondent identifiable-information.
  8. You may not use the Service to infringe the intellectual property rights of others, or to commit an unlawful activity; and/or unless authorized by SSI in writing, you may not resell or lease the Service.

Client Indemnity

Client shall indemnify, defend, and hold harmless SSI and its parents, subsidiaries, and affiliates and its and their respective members, managers, shareholders, directors, officers, employees and agents from and against any and all liability, losses, damages, claims, causes of action, awards, judgments, and fees and costs (including reasonable attorneys’ fees and court costs) incurred by SSI, arising out of or related to: (i) Client’s violation of applicable laws, codes, regulations, rules, and requirements; and/or (ii) Client’s negligent acts or omissions or willful misconduct and/or breach of its obligations set forth herein.

Limitation on Liability

Neither Party shall be liable to the other for any indirect, incidental, punitive, special or consequential damages (including, without limitation, lost profits) regardless of whether a Party is informed of the possibility the same may exist. Client hereby expressly excuses SSI from any claim or liability derived in whole or in part from: (i) Client’s use of the Service, Except for Client’s indemnification obligation, the total aggregate liability of each Party shall be limited to the amounts due from Client (which may include interest on past due amounts) relating to the Service.

Governing Law

The Service and these Terms shall be governed by the laws of the State of New York without regard to choice of law principles.