Terms and Conditions

Terms of Agreement

PLEASE READ THESE TERMS AND CONDITIONS ("AGREEMENT" OR "TERMS AND CONDITIONS") CAREFULLY BEFORE USING THE WEBSITE. THESE ARE THE TERMS AND CONDITIONS ("Agreement") APPLICABLE TO THE PURCHASE AND SALE OF SURVEY RELATED SERVICES AMONG YOU ("Customer", "you" or "your") AND SURVEYCREST.COM. BY ACCESSING THE WEBSITE “SURVEYCREST.COM”, ORDERING OF PRODUCTS OR SERVICES THROUGH THE WEBSITE, YOU HEREBY AGREE TO COMPLY WITH AND BE LEGALLY BOUND BY THE TERMS AND CONDITIONS CONTAINED HEREIN.

The Company reserves the right to change or modify any of the terms and conditions contained in this Agreement at any time and from time to time in its sole discretion, and to determine whether and when any such changes apply to both existing and future customers. The Company may make changes or modifications to referenced policies and guidelines without notice to you. Your continued use of the Services following the Company’s posting of any changes or modifications will constitute your acceptance of such changes or modifications.

General Concept

During the Term, and in accordance with these Terms, SurveyCrest.com will use reasonable commercial efforts to provide Customer access to and use of the Software and other related support services described in this Agreement (such access, use and support services are referred to, collectively, as the “Online Survey Services” in accordance with any specifications set forth in the Order Process

Billing Policy

SurveyCrest.com provides both free and charged services to Customer.

SurveyCrest.com will NOT charge Customer for the use of the service that includes but not limited to creation, publication and reporting of surveys under the “Free Package Plan”. The features of Packages as are listed here. The Customer understands, upon expiration of the limitations set therein Free Package Plan, Customer may purchase “Paid” Package Plan as they require, or discontinue the use of SurveyCrest.com service.

SurveyCrest.com will only charge Customer for the use of the service that includes but not limited to creation, publication and reporting of surveys subject to the features of the Package Plan Customer has purchased, that is, Silver or Gold Package Plan, and their features listed therein.

Customer will be charged with frequency of monthly, 6 months or 12 months depending on the frequency Customer has chosen.

For Example:

• Billing Frequency (Monthly) - Customer will be billed monthly.
• Billing Frequency (6 Months) - Customer will be charged lump sum amount of 6 months. This will occur every 6 months.
• Billing Frequency (12 Months) - Customer will be charged lump sum amount of 12 months. This will occur every 12 months.

At any given time, Customer may choose to stop using SurveyCrest.com services at their will by following the Refund Policy.

Refund Policy

Customer understands that SurveyCrest.com offers a free survey creator tool with advanced paid services. Customer may check SurveyCrest.com services using our Free Package Plan. Once Customer has purchased a “Paid Package Plan”, they may cancel the use of the service at any given time. However, refund shall not be granted under any condition.

Please note, SurveyCrest.com billing is on a recurring basis. Once Customer has decided to cancel subscription, notify our Support Team at support@surveycrest.com about recurring billing cancellation.

Member Account, Password and Security:

SurveyCrest.com customers will receive account details upon completion of registration process. The customers are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. Customers also agree to (a) immediately notify SurveyCrest.com of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. SuveryCrest.com cannot and will not be liable for any loss or damage arising from your failure to comply with this Section.

Terms of Use

SuveryCrest.com Customers agree to comply with the following in connection with use of this website and the Products:

• You shall not interfere with or disrupt this website or any related service or servers or networks connected to this website or any Products.
• You shall not restrict or inhibit any other user from enjoying and using this website or the Products.
• You shall not use the Products in violation of applicable law or third party rights (including third party terms of service), and shall not use the Products for hosting content (for example, images and documents) that infringes on the intellectual property rights of others.
• You will not set up multiple accounts for any individual or organization in order to send substantially similar content unless you are part of a franchise.
• You agree that the "from" line of any email message sent by you using the Products will accurately and in a non-deceptive manner identify your organization, your product or your service.
• You agree that the "subject" line of any email message sent by you using the Products will not contain any deceptive or misleading content regarding the overall subject matter of the email message.
• You agree to include in any email message sent by you using the Products your valid physical address, which, if you are located in the U.S., may be a valid post office box meeting the registration requirements established by the United States Postal Service.
• In your use of the Products, you agree to represent you or your organization accurately and will not impersonate any other person, whether actual or fictitious.
• You may not use documents and images hosted by us on servers controlled by us for any purpose whatsoever other than in connection with the Products.
• You agree that in any message sent by you using the Email Marketing Product, the Survey Product or the Event Marketing Product, you will not include any incentives (for example, coupons, discounts or awards) that encourage a recipient to forward the message to another recipient.

Limitations on Use

You acknowledge the following in connection with your use of this website and the Products:

• You understand that not all messages or campaigns sent through use of the Products will be received by or will be capable of being viewed by their intended recipients.
• To the extent permitted by applicable law, we may make and preserve copies of any and all messages, events, surveys and social campaigns as necessary to provide the Products and for internal back-up and other legal or regulatory purposes.
• You understand that delivery of messages via the Products may involve transmissions over various networks, and that the messages (including images and text contained therein) could be reformatted or otherwise revised to conform to the formatting or technical requirements of such networks. You further understand and agree that messages exceeding maximum character limitations may be truncated, abbreviated, reduced or otherwise abruptly cut short.
• You agree that we may establish general practices and limits concerning use of the Products, including without limitation the maximum number of messages or social campaigns that may be distributed by you and/or the maximum size of any messages or campaigns that may transmitted via the Products.
• We reserve the right without notice to take all measures of any nature (whether legal, technical or otherwise) to prevent unsolicited bulk email and/or other unauthorized email, messages or social campaigns from entering, utilizing or remaining within our network. Nothing in this policy is intended to grant any right to transmit or send messages or social campaigns to, or through, our network except as may be otherwise stated in this Agreement.

Prohibited Content

SurveyCrest.com prohibits the use of this website or the Products by any person or organization that:

• Displays or markets material that exploits children under 18 years of age;
• Posts or discloses any personally identifying information or private information about anyone without his or her consent, including children under 18 years of age without their parents' consent;
• Provides or posts any material that is grossly offensive, including blatant expressions of bigotry, prejudice, racism, hatred or excessive profanity or that is obscene, lewd, lascivious, filthy, excessively violent, harassing or otherwise objectionable;
• Engages in any libelous, defamatory, scandalous, threatening, or harassing activity;
• Provides or posts any content that advocates, promotes or otherwise encourages violence against any governments, organizations, groups or individuals or that provides instruction, information or assistance in causing or carrying out such violence;
• Introduces viruses, worms, Trojan horses, spyware or other harmful code;
• Posts or displays any content, including any image, that infringes, misappropriates or otherwise violates the intellectual property rights of others, including authors, artists, or photographers;
• Sells or promotes any products or services that are unlawful in the location at which the content is posted or received;
• Provides, sells or offers to sell any of the following products or content (or services related to the same):
• • Pornography or illicitly pornographic sexual products, including but not limited to adult magazines, video and software, escort services, dating services, or adult "swinger" promotions; provided, however, the foregoing prohibition shall not apply to established retail home-based party businesses;
  • Illegal drugs and contraband that are unlawful in the location at which the content is posted or received;
  • Illegal goods, pirated software or media; or
  • Instructions on how to assemble or otherwise make bombs, grenades or other weapons;
• Provides, sells or offers products, services or content frequently associated with spam, such as:
• • Online and direct pharmaceutical sales, including but not limited to health and sexual well-being products, prescription and counterfeit drugs;
• Markets to third party voter registration list or party lists obtained in which the specific candidate did not collect explicit consent. In the event that you engage in any of the activities listed above, in our sole discretion, we reserve the right to terminate your access to or use of the Products, disable your Constant Contact account or access to the Products, and remove all or a portion of your content, in each case at any time, with or without notice and without refund. We may also report your activity to the applicable legal authorities as required by law or in our discretion.  

Intellectual Property Rights

You represent and warrant that you are the owner of or have the exclusive right to use any and all proprietary information you provide to SurveyCrest.com or refer to SurveyCrest.com in furtherance of or in connection with your Contract, including without limitation any and all trade names, trademarks, copyrights, graphics, logos, written content/copy for any use, and similar materials or information.

SuveryCrest.com customers shall not copy any of our templates or any other features or functionality from the Products or use them for any purpose other than through your use of the Products themselves. This restriction also applies to customized templates prepared by our professional services group.

Anti-Spam

Email and Prohibited Content

SurveyCrest.com customers are responsible for ensuring that during use of the survey tool, their email messages do not generate a number of spam complaints in excess of industry standards. If SurveyCrest.com determines that your level of spam complaints is higher than industry standards, SurveyCrest.com, at its sole discretion, has the right to terminate your use of its survey tool.

Permission Lists Only

SurveyCrest.com has a zero-tolerance spam policy. Subscriber accounts will be terminated for sending unsolicited email messages. This means that all recipients sent to must have opted in to receiving communications from you, the sender.

You can only use SurveyCrest.com to send emails to lists of people that gave you permission to email them. If you don't have proof that each recipient on your list opted in for your emails, don't import them into SurveyCrest.com.

• We prohibit the use of third-party, purchased, rented, or harvested mailing lists. SurveyCrest.com and/or SurveyCrest.com will terminate accounts violating the foregoing
• You cannot mail to newsgroups, message boards, distribution lists, or unsolicited email addresses.
• You agree that you shall not utilize the survey tool to send any commercial electronic mail messages (as defined in the Act of 2003) to any recipient who has opted out, unsubscribed, or otherwise objected to receiving such messages from you or another party on whose behalf you may be commissioned. The CAN-SPAM Act outlines requirements for sending out commercial emails. These rules govern the Internet by United States law. A brief description of the CAN-SPAM Act follows:

1. Bans false or misleading header information.

Requires valid "reply" and "from" addresses. These must be accurate and identify the person who initiated the email.

2. Prohibits deceptive subject lines.

The subject line cannot mislead the recipient about the contents or subject matter of the message.

3. Include physical mailing address.

You message must contain clear and conspicuous notice that the message is an advertisement or solicitation and that the recipient can unsubscribe of receiving more commercial email from you. It also must include your valid physical postal address.

Reporting Spam

If you suspect that SurveyCrest.com has been used to send spam, please contact us immediately at support@surveycrest.com and we will investigate accordingly.

No Warranty Disclaimer

CUSTOMER UNDERSTANDS THAT SURVEYCREST.COM AND/OR THEIR ASSIGNS DOES NOT GUARANTEE OR PREDICT ANY TYPE OF PROFIT OR RESPONSE FROM THE SURVEYCREST SERVICES. ALL SERVICES ARE PROVIDED TO CUSTOMER “AS IS” AND CUSTOMER AGREES THAT IT USES THE SURVEYCREST SERVICES AT ITS OWN RISK. SURVEYCREST.COM EXPRESSLY DISCLAIMS ANY AND ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS OF ANY KIND OR NATURE, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, REPRESENTATIONS, WARRANTIES AND CONDITIONS OF SATISFACTORY QUALITY, PERFORMANCE, MERCHANTABILITY, MERCHANTABLE QUALITY, DURABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND THOSE ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USE OF TRADE. CUSTOMER ACKNOWLEDGES AND AGREES THAT SURVEYCREST.COM AND THE SUPPLIERS OF SURVEYCREST.COM MAKE NO DIRECT WARRANTY OF ANY KIND TO CUSTOMER UNDER THIS AGREEMENT. SURVEYCREST.COM DOES NOT REPRESENT OR WARRANT THAT: (A) THE SURVEYCREST SERVICES WILL MEET CUSTOMER’S BUSINESS REQUIREMENTS; (B) THE SURVEYCREST SERVICES WILL BE ERROR-FREE OR UNINTERRUPTED OR THAT THE RESULTS OBTAINED FROM THE USE OF THE SURVEYCREST SERVICES OR SOFTWARE WILL BE ACCURATE OR RELIABLE; OR (C) ALL DEFICIENCIES IN THE SURVEYCREST SERVICES CAN BE FOUND OR CORRECTED. FURTHER, THE SURVEYCREST SERVICES MAY BE INTERRUPTED OR UNAVAILABLE FOR THE PURPOSES OF PERFORMING MAINTENANCE OR UPGRADES. SURVEYCREST.COM WILL NOT BE RESPONSIBLE FOR: (A) SERVICE IMPAIRMENTS CAUSED BY ACTS WITHIN THE CONTROL OF CUSTOMER OR ANY USER; (B) INOPERABILITY OF SPECIFIC CUSTOMER APPLICATIONS OR EQUIPMENT; (C) INABILITY OF CUSTOMER TO ACCESS OR INTERACT WITH ANY OTHER SERVICE PROVIDER THROUGH THE INTERNET, OTHER NETWORKS OR USERS THAT COMPRISE THE INTERNET OR THE INFORMATIONAL OR COMPUTING RESOURCES AVAILABLE THROUGH THE INTERNET; (D) INTERACTION WITH OTHER SERVICE PROVIDERS, NETWORKS, USERS OR INFORMATIONAL OR COMPUTING RESOURCES THROUGH THE INTERNET; (E) SERVICES PROVIDED BY OTHER SERVICE PROVIDERS; OR (F) PERFORMANCE IMPAIRMENTS CAUSED ELSEWHERE ON THE INTERNET.

No Liability

FOR ANY BREACH OR DEFAULT BY SURVEYCREST.COM OF ANY OF THE PROVISIONS OF THIS AGREEMENT, OR WITH RESPECT TO ANY CLAIM ARISING FROM OR RELATED TO THE SURVEYCREST SERVICES, SOFTWARE OR THIS AGREEMENT, THERE SHALL BE NO LIABILITY OF WHATSOEVER SINCE SURVEYCREST IS A FREE SERVICE. IN NO EVENT WILL SURVEYCREST.COM EVER BE LIABLE FOR SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL LOSS OR DAMAGE, LOST BUSINESS REVENUE, LOSS OF PROFITS, LOSS OF DATA, LOSS OF COVER, DAMAGES FOR DELAY, PUNITIVE OR EXEMPLARY DAMAGES, FAILURE TO REALIZE EXPECTED PROFITS OR SAVINGS OR ANY CLAIM AGAINST CUSTOMER BY ANY OTHER PERSON, EVEN IF SURVEYCREST.COM HAS BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH LOSSES OR DAMAGES. SURVEYCREST.COM SHALL NOT BE LIABLE FOR UNAUTHORIZED ACCESS TO OR ALTERATION, THEFT, LOSS OR DESTRUCTION OF ANY DATA, EQUIPMENT OR THE SURVEYCREST SERVICES, INCLUDING WITHOUT LIMITATION THROUGH ACCIDENT, FRAUDULENT MEANS OR DEVICES, OR ANY OTHER METHOD. SURVEYCREST.COM SHALL HAVE NO OTHER OBLIGATION, DUTY, OR LIABILITY WHATSOEVER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE TO CUSTOMER OR ANY THIRD PARTY. THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS IN THIS AGREEMENT SHALL APPLY IRRESPECTIVE OF THE NATURE OF THE CAUSE OF ACTION, DEMAND, OR ACTION BY CUSTOMER, INCLUDING BUT NOT LIMITED TO BREACH OF CONTRACT, NEGLIGENCE, TORT, OR ANY OTHER LEGAL THEORY AND SHALL SURVIVE A FUNDAMENTAL BREACH OR BREACHES OR THE FAILURE OF THE ESSENTIAL PURPOSE OF THIS AGREEMENT OR OF ANY REMEDY CONTAINED HEREIN.

Indemnification

YOU AGREE TO DEFEND, HOLD HARMLESS AND INDEMNIFY SURVEYCREST, ITS SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES FROM AND AGAINST ANY AND ALL LOSSES, COSTS, EXPENSES, DAMAGES OPR OTHER LIABILITIES (INCLUDING REASONABLE ATTORNEYS' FEES) INCURRED BY US FROM AND AGAINST ANY COST, LIABILITY, LOSS, DAMAGE, CAUSE OF ACTION, CLAIM, SUIT, PROCEEDING, DEMAND OR ACTION BROUGHT BY A THIRD PARTY AGAINST US: (a) IN CONNECTION WITH YOUR USE OF THE SITE OR THE USE OF THE SITE USING YOUR ACCOUNT, INCLUDING ANY PAYMENT OBLIGATIONS INCURRED THROUGH USE OF THE SITE; OR (b) RESULTING FROM: (i) YOUR USE OF THE SITE (ii) YOUR DECISION TO SUPPLY CREDIT INFORMATION VIA THE SITE, INCLUDING PERSONAL FINANCIAL INFORMATION; (iii) YOUR DECISION TO SUBMIT POSTINGS AND ACCEPT OFFERS FROM OTHER USERS; (iv) ANY BREACH OF CONTRACT OR OTHER CLAIMS MADE BY MEMBERS WITH WHICH YOU CONDUCTED BUSINESS THROUGH THE SITE; (v) YOUR BREACH OF ANY PROVISION OF THIS AGREEMENT; (vi) ANY LIABILITY ARISING FROM THE TAX TREATMENT OF PAYMENTS OR ANY PORTION THEREOF; (vii) ANY NEGLIGENT OR INTENTIONAL WRONGDOING BY ANY USER; (viii) ANY ACT OR OMISSION OF YOURS WITH RESPECT TO THE PAYMENT OF FEES; (ix) YOUR DISPUTE OF OR FAILURE TO PAY ANY INVOICE OR ANY OTHER PAYMENT; AND/OR (x) YOUR OBLIGATIONS TO ANOTHER USER. THIS DEFENSE AND INDEMNIFICATION WILL SURVIVE THIS AGREEMENT AND YOUR USE OF THE SITE.

Severability

Any single or partial exercise of a right or remedy will not preclude further exercise of any other right or remedy. If any part of this Agreement is held to be unenforceable, the unenforceable part will be given effect to the greatest extent possible and the remainder will remain in full force and effect. Nothing in this Agreement or related policies should be deemed to confer rights or benefits on third parties.

Force Majeure

SurveyCrest.com shall be responsible for the failure to perform or any delay in performance of any obligation hereunder due to labor disturbances, accidents, fires, floods, telecommunications or Internet failures, strikes, wars, riots, rebellions, blockades, acts of government, governmental requirements and regulations or restrictions imposed by law or any other similar conditions beyond the reasonable control of such party. The time for performance of such party shall be extended by the period of such delay.

Termination

SurveyCrest.com reserves the right, in its sole discretion and for any reason whatsoever, to reject, cancel or terminate, permanently or temporarily, your order for any product or service offered by SurveyCrest.com, your Contract and/or your access to the SurveyCrest.com Site web site, at any time and without prior notice. You agree that SurveyCrest.com shall not be liable to you or any third party for any rejection, cancellation or termination of your order, your Contract or your access to the SurveyCrest.com web site. In the event that SurveyCrest.com rejects, cancels or terminates your Contract or your order for a reason other than your breach or non-performance under your Contract, SurveyCrest.com will return any amounts prepaid by you relating to the rejected, canceled or terminated Contract or order.

Copyright and Trademark Notices

All intellectual property of SurveyCrest.com including all web site screens and portions thereof, graphics, original text elements, site design, logo, pictures and icons, as well as the selection, format and organization thereof, constitute proprietary and confidential information that is protected by applicable intellectual property and other laws. Except as expressly authorized by SurveyCrest.com in writing or otherwise required by applicable law, any rent, lease, sale, modification, duplication, distribution, alteration, retransmission or publication of any intellectual property or proprietary information of SurveyCrest.com is strictly prohibited. Copyright © 2012-2013 by SurveyCrest.com, Inc. All rights not expressly granted herein are reserved.

Governing Law

These Terms and Conditions shall be interpreted, construed, governed by and enforced in accordance with the laws. Under no circumstances shall the laws of any other state be applied, even where such a result would be implicated by conflict of law principles. You hereby irrevocably consent to the personal and exclusive jurisdiction and venue of the federal and state courts located in Pennsylvania regarding any and all disputes relating to your Contract or these Terms and Conditions.

Entire Agreement; Waiver

These Terms and Conditions, together with your Contract, shall constitute the sole agreement and understanding between you and SurveyCrest.com regarding the matters set forth herein, and any and all previous agreements and understandings between or among you and SurveyCrest.com regarding the subject matter hereof, whether written or oral, other than your Contract, are superseded by these Terms and Conditions. No agreement or other understanding other than your Contract purporting to modify these Terms and Conditions shall be binding upon SurveyCrest.com unless otherwise agreed to by SurveyCrest.com in writing. The failure of SurveyCrest.com to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision. Any provision of these Terms and Conditions which is invalid or unenforceable in any jurisdiction shall be ineffective to the extent of such invalidity or unenforceability without invalidating or rendering unenforceable the remaining provisions hereof; and any such invalidity or unenforceability in any jurisdiction shall not invalidate or render unenforceable such provision in any other jurisdiction.

Any questions concerning these Terms and Conditions should be directed to:

SurveyCrest.com

Contact Us:

If you have any questions regarding our Terms and Conditions please feel to contact us via email at support@SurveyCrest.com

E-mail Us:

You can email us 24/7, 365 at support@surveycrest.com. Please specify in the subject line that the email is regarding Terms and Conditions.