FeedsInsight Terms of Service Last updated Oct 17, 2013

THESE TERMS AND CONDITIONS ARE THE CONTRACT BETWEEN YOU AND FEEDSINSIGHT. PLEASE READ THEM CAREFULLY BEFORE SIGNING UP FOR OR USING THE FEEDSINSIGHT SERVICE.

FeedsInsight (“we”, “us”, or “our”) provide services (“Service”) to you (“you” or “your”) through our website located at FeedsInsight.com. By using the Service you are agreeing to be bound by the following terms and conditions (“Terms of Service”). We reserve the right to update and change the Terms of Service from time to time without notice. The responsibility of checking the updated policy resides with you. Any new features that augment or enhance the current Service, including the release of new tools and resources, shall be subject to the Terms of Service. Continued use of the Service after any such changes shall constitute your consent to such changes. If we make any changes to the Terms of Service, we will change the “last updated” date above. You can review the most current version of the Terms of Service at any time at: http://www.FeedsInsight.com/home/policy/TermsAndCondition.

If you are using the Service on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Terms of Service and, in such event, “You” will refer and apply to that company or other legal entity.

User Responsibilities

These Terms give you important obligations. You agree to the following responsibilities:

We reserve the right to deactivate your account(s) as we deem appropriate or necessary, without notice. You enter and use the Site and the Services at your own risk. FeedsInsight is not responsible for your activities, surveys, content, results or questions from respondents, other data, or any other matter concerning your use of the Site or the Services. We recommend that you keep track of your survey results and other data in your own personal records, as we reserve the right to discontinue your account(s) or terminate the Services at any time. We are not responsible for the deletion of any data that is in or has been added to your account(s). If a User account remains inactive for a period of 6 months, we may deactivate the account.

Modification to services provided; Terms Of Use

You acknowledge and agree that we may, with or without notice, modify or terminate the Services and/or the Site. Further, we may modify these Terms from time to time, including the fees we charge for Services. Modifications of the Services may include, without limitation, changes in the maximum allowable memory space, number of survey respondents, number of surveys, and number of survey questions that may be created, saved, sent or used through the Site (collectively, "Thresholds").

We will notify you of changes we make by posting a notice on our Site, or, if we choose, by sending you an email. If you do not accept the changes, you must terminate your subscription or other use at that time. Your use of the Site or the Services after the notice is posted (or after we send you the email) shall be deemed to be acceptance of the modification or termination of the Services or of these Terms.

Registration & Password

You will provide current, complete, accurate information in the registration section of the Site. You will further update and keep that information current as needed. You will provide a password in order to access the Services and your account. Email login must be a valid email address maintained by you. You are solely responsible for maintaining the confidentiality of your password and account information. You will immediately notify us of any unauthorized account activity, or any unauthorized use of your email list(s) or any other breach of security you become aware of.

FeedsInsight is a single user service. Multiple logins and passwords to the same account are not available or permitted. You may not share logins and passwords with others. Sharing login information is in violation of these Terms and may result in immediate account termination.

Privacy

We are committed to protecting the privacy and confidential information of Users. For more information on our Privacy Policy, please click here. You are responsible for all decisions with respect to the personally identifiable information of persons that respond to your surveys or to whom you send surveys. You represent and warrant that your surveys will not target children under 13 and that you will not knowingly collect personally identifiable information from children under 13.

Confidentiality

We agree not to use any of your Confidential Information (defined below) for any purpose except to operate the Site and Services in accordance with these Terms and our Privacy Policy or to market our products and services to you without your consent. We agree not to disclose any of your Confidential Information to any third party other than to our employees and consultants who are bound by confidentiality obligations and are required to have access to the Confidential Information in order to operate the Site and Services or to market our products and services to you. Nothing in these Terms limits our right to independently develop, acquire or market products, ideas, or businesses, without use of your Confidential Information. "Confidential Information" may include, solely to the extent entered into the Services or Site by you, (a) technical information, know-how and other intellectual property, to the fullest extent that such information is maintained as a trade secret by you; (b) confidential marketing strategies; (c) confidential future product plans; (d) confidential financial information (including pricing); and (e) other confidential business information. Confidential Information will not include any information that (i) was publicly known and generally available in the public domain prior to the time of disclosure by you; (ii) becomes publicly known and generally available after disclosure by you through no action or inaction of ours; (iii) is already in our possession at the time of disclosure by you; (iv) is obtained by us from a third party without a breach of such third party's obligations of confidentiality; (v) is independently developed by us without use of or reference to your Confidential Information; or (vi) is required by law to be disclosed by us, provided that we give you prompt written notice of such requirement prior to such disclosure and assistance in obtaining an order protecting the information from public disclosure.

Anti-spam policy

To help recipients be free from spam, and to maximize the availability of our Services to our community of Users, we have taken a "zero tolerance" stand against spam. You acknowledge, warrant and agree that:

We will terminate the account of any User determined to have used the Services in connection with any spam email/SMS or otherwise in breach of these Terms. Please be advised that we may also terminate your account if your mailings result in high bounce rates, a report or complaint of spam against the sender, poor monitoring of recipient consents including lax address book and email/mobile phone list management, or lack of compliance with anti-spam guidelines. We reserve the right to terminate your account(s) and your use of the Services, without notice, if we believe your activities are not in compliance with this Anti-Spam policy. We thank you for your compliance with our Anti-Spam policy and your commitment to good email/SMS-ing practices.

Other prohibited uses

You acknowledge, warrant and agree that:

If you engage in any activity set forth in this paragraph or violate any terms or conditions of these Terms, your account will be terminated and use of the Services and Site prohibited. We will report any unlawful conduct to the appropriate authorities and turn over any and all information regarding such activity to appropriate persons or entities.

Disclaimer of warranties

YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE SERVICES AND THE SITE IS AT YOUR SOLE RISK. THE SERVICES AND THE SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS.

TO THE FULLEST EXTENT ALLOWED BY LAW, FEEDSINSIGHT EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. THE CONTENTS OF THE SERVICES OR THE SITE MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. FEEDSINSIGHT ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN CONTENT.

FEEDSINSIGHT IS NOT RESPONSIBLE FOR THE CONTENTS OF ANY SURVEY OR INVITATIONS TO TAKE SURVEYS OR INVITATIONS TO VIEW SURVEY RESULTS CREATED ON OR THROUGH THE SERVICES NOR IS IT RESPONSIBLE FOR THE RESPONSES SUBMITTED TO ANY SURVEY REQUESTS OR FOR THE RESULTS GENERATED BY RESPONSES. FEEDSINSIGHT DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE RELIABILITY OR ACCURACY OF THE REGISTRATION INFORMATION SUPPLIED TO FEEDSINSIGHT NOR THE RESPONSES OR INFORMATION SUPPLIED BY SURVEY RESPONDENTS TO USERS IN RESPONSE TO SURVEYS. FEEDSINSIGHT DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE CONSEQUENCES OF THE USE OF ANY SURVEY, SURVEY RESPONSES OR SURVEY RESULTS NOR DOES FeedsInsight WARRANT THE CORRECTNESS, USEFULNESS, RELIABILITY, ACCURACY OR OTHERWISE OF ANY SURVEY, SURVEY RESPONSES OR SURVEY RESULTS. FEEDSINSIGHT IS NOT RESPONSIBLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION, LOST PROFITS, BUSINESS INTERRUPTION OR OTHER LOSS RESULTING FROM USE OF OR RELIANCE IN ANY WAY ON ANY SURVEY, SURVEY RESPONSES OR SURVEY RESULTS CREATED ON OR THROUGH THE SERVICES OR THE SITE. IT IS SOLELY YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, RELIABILITY, COMPLETENESS AND USEFULNESS OF ANY SURVEYS, SURVEY RESPONSES, SURVEY RESULTS OR OTHER INFORMATION RECEIVED WHILE USING THE SERVICES OR SITE.

FEEDSINSIGHT MAKES NO WARRANTY THAT THE SERVICES OR SITE WILL MEET YOUR REQUIREMENTS OR THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, VIRUS-FREE, ERROR-FREE, ACCURATE OR RELIABLE; NOR DOES FEEDSINSIGHT MAKE ANY WARRANTY AS TO ANY INFORMATION THAT MAY BE OBTAINED THROUGH THE SERVICES OR SITE OR THAT DEFECTS IN THE SOFTWARE FOR THE SERVICES WILL BE CORRECTED OR THAT THE SITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH USE OF THE SERVICES OR SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL OR DATA.

FEEDSINSIGHT MAKES NO WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH THE SERVICES OR SITE OR ANY TRANSACTIONS ENTERED INTO THROUGH OR BASED UPON THE SERVICES OR THE SITE.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE SERVICES OR SITE OR THROUGH THE SERVICES OR SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

Limitation of liability

TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, NEITHER FEEDSINSIGHT NOR ANY PARENT ENTITIES, SUBSIDIARIES, AFFILIATES, OFFICERS OR EMPLOYEES SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF YOUR ACCESS TO, USE OF, INABILITY TO USE, OR RELIANCE ON THE SERVICES OR ANY SURVEYS, SURVEY RESPONSES OR SURVEY RESULTS, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOU ARE DISSATISFIED WITH THE SERVICES, THE MATERIALS AVAILABLE ON OR THROUGH THE SERVICES OR THE SITE, OR WITH ANY OF THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICES AND LEAVE THE SITE IMMEDIATELY.

No misappropriation or misuse of names, marks, other proprietary material

You agree not to use, misuse or misappropriate any brand names, trademarks, service marks, patents, images, text or other proprietary material or content of another on or through the Services or the Site. If you use any such proprietary material or content, by doing so, you warrant that you have the right and authority to do so.

Links and advertisers

FeedsInsight may provide advertising space and/or links and pointers to Internet sites maintained by third parties. FeedsInsight has not reviewed all of the third-party sites nor reviewed any products or services they may provide. FeedsInsight is not responsible for nor does it endorse the contents or any products or services of such third parties or their sites. FEEDSINSIGHT DOES NOT CONTROL IN ANY RESPECT ANY INFORMATION, PRODUCTS OR SERVICES OFFERED OR SUGGESTED BY THIRD PARTIES ON THE SITE. FEEDSINSIGHT DOES NOT ENDORSE OR OTHERWISE WARRANT OR GUARANTEE THE PRODUCTS OR SERVICES THAT ARE EITHER ADVERTISED ON THE SITE OR CONNECTED BY LINK.

Termination

These Terms and the Services may be terminated by FeedsInsight at any time. FeedsInsight shall not be liable to you or any third party in any manner for termination of the Services. In the event you should become dissatisfied with these Terms or any modifications thereof, or with the Services or the Site, your only recourse is to discontinue use of the Services, terminate your subscription, and give notice to us of these actions. Upon termination, your right to use the Services and the Site cease immediately and FeedsInsight shall have no obligation whatsoever to retain, forward or make available to you any surveys, survey responses or survey results.

Indemnification

You agree to defend, indemnify and hold harmless FeedsInsight, its parent entities, subsidiaries, affiliates, officers, and employees, from any and all claims and demands, including attorneys' fees, due to or arising from your use of the Site or the Services, surveys, survey responses, survey results and any other conduct related in any way to the Services or the Site, including but not limited to breaching any warranty or provision contained in these Terms.

Nature of agreement

You agree that your completion of the registration procedure or use of the Site and/or Services constitutes agreement to these Terms. These Terms and any other rules or policies set forth on the Site comprise the entire agreement between you and FeedsInsight with regard to your use of the Site and Services and supersede any prior or other understandings, representations or warranties including, but not limited to, any nondisclosure agreements, purchase orders, license agreements, service agreements, invoices or other terms and conditions that you may provide to us in respect of the Site or Services. You agree that each use of the Services and the Site reaffirms your acknowledgment and agreement to the most current version of these Terms.