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Terms of Use

Last Updated: 2012 March 04

Introduction

Please read this document with care.

It governs your relationship with DCA Survey.com and its affiliates (collectively, "DCA Survey"). DCA Survey provide and maintain an internet website for the benefit of users of our services. On our website (the "Site") we provide hosted tools, solutions and processes to allow you to create individualized surveys, obtain and analyze survey results and use related services. The terms and conditions under which DCA Survey makes the publicly accessible internet website at www.dcasurvey.com, and the services available through the Site or otherwise provided by DCA Survey (the "Services"), to each entity or person (each a "User") accessing or using the Site or the Services are set forth below.

These terms and conditions, together with any and all other terms, conditions, rules, policies or procedures ("Additional Terms") published on the site from time to time and related to User’s use of the Site or the Services (together, this "Agreement"), each as updated from time to time by DCA Survey, constitute a binding, legal agreement between User and DCA Survey.

By using the Site or the Services (including responding to surveys, polls or other communication received from other Users of the Site and the Services), each User hereby agrees to and is bound by this Agreement. If you do not agree with any of the terms of this Agreement, do not access or otherwise use this Site or the Services or any information contained on this Site, immediately.

DCA Survey may change the terms of this Agreement at any time which includes any Additional Terms. If DCA Survey changes the terms of this Agreement, DCA Survey will post an updated set of terms and conditions of use on this Site. Additionally, DCA Survey may send registered users an email notice alerting User of or detailing the changes or both. DCA Survey has the right at any time and for any reason to modify or discontinue any aspect or feature of the services, including but not limited to its content, functionality, the equipment needed for its use or its pricing.

If any modification is unacceptable to you, you shall immediately cease using this Site and the Services. If you do not cease using this Site and the Services, you will be conclusively deemed to have accepted the change.

Each User hereby warrants that if it is a corporation or other legal entity, User is validly formed and existing under the laws of its jurisdiction and has duly authorized its agent or agents to enter into this Agreement. If the User is an individual, then User hereby warrants he or she is of the age of majority in her or his place of residence.

Registration

If User has registered for an account to use the Services, User hereby warrants that the information provided by User for the purposes of such registration is accurate and complete. User will ensure and be fully responsible for keeping such information up to date.

During the account registration process, each User will designate a password and an account id. The account id will uniquely identify the User and the password designated is one expressly chosen by the User. User acknowledges and agrees that User, and not DCA Survey, is responsible for User’s account and all activities occurring in connection with the use of that account, whether or not User authorizes such activities.

User is solely responsible for maintaining the confidentiality of its account information and password. User will immediately notify DCA Survey of any unauthorized account activity, or any unauthorized use of its email list(s) or any other breach of security User may expressly become aware of.

DCA Survey is a single user service. Multiple logins and passwords to the same account are not permitted and are not made available. User may not share logins and passwords with others. Sharing login information is in violation of this Agreement and may result in immediate account termination.

Privacy Policy

DCA Survey is committed to protecting the privacy of Users and protecting their confidential information. You agree to maintain and comply with a privacy policy that is consistent with the DCA Survey Privacy Policy. Your use of this Site is governed by the DCA Survey privacy policy, which is available at http://www.dcasurvey.com/about/privacy.policy.aspx (the “Privacy Policy”).

Payments and Subscription

If User purchases a paid subscription to the Services (a "Subscription"), User shall pay all fees, including for any additional Services purchased by User or usage that exceeds the thresholds at the rates posted, as well as any taxes, applicable to such Subscription, as published on the Site at http://www.dcasurvey.com/pricing/pricing.aspx from time to time. DCA Survey may change such fees at any time and in its sole discretion, provided that any such change shall become effective at the end of the then-current term of User’s Subscription.

Subscription membership in the Services is on a continuous service basis. This means that, subject to the terms of this Agreement, DCA Survey will automatically renew User’s Subscription at the end of its term unless User’s Subscription is canceled using the tool in User’s account page on the Site at any time prior to the end of the then-current Subscription. User will be charged a renewal rate equal to the rate for the immediately preceding Subscription period, based upon the Subscription program (annual, quarterly, monthly, etc.) that User has chosen, unless DCA Survey has notified User of any new rate in advance. A cancellation of a Subscription requested by User through User’s account page will become effective on the date that the then-current Subscription period expires.

If User purchases a paid subscription to the Services using a credit card, User hereby warrants that the credit card information provided by User is correct, and User shall promptly notify DCA Survey of any changes to such credit card information. User acknowledges and agrees that if User’s credit card payment cannot be processed for any reason, DCA Survey may immediately cancel or suspend User’s Subscription.

Content

User acknowledges and fully agrees that:

DCA Survey may immediately disable User’s account and its access to use the Site or the Services or both and DCA Survey may recover from User any losses, costs, damages, or expenses incurred by DCA Survey resulting from or arising out of User’s non-compliance with any provision of this Agreement.

User further acknowledges and agrees that DCA Survey does not control the Content originating from User, respondents to User’s survey, or other users of the Site or the Services, and does not guarantee the accuracy, quality or integrity of such Content. Notwithstanding the foregoing, DCA Survey may review all Content and may modify, block, terminate access to, or remove any such Content that DCA Survey considers, in its sole discretion, does not comply with any of the requirements of this Agreement but DCA Survey is not obligated to do so.

DCA Survey reserves the right to purge Content from its databases at any time and from time to time without notice. User acknowledges and agrees that User is solely responsible for backing up any Content uploaded to the Site by User or received by User through the use of the Services. DCA Survey shall not be liable for any purging, deletion, or failure to retain any such Content, which includes, but is not limited to: survey design, survey responder contacts, meta-data and survey responses.

User Content

In connection with User’s use of the Site and the Services, and without limiting any of User’s other obligations under this Agreement or applicable law, User:

User further acknowledges and fully agrees that DCA Survey may work with, in full cooperation with any governmental authority in connection with any investigation into User’s use of the Site or the Services, including use in contravention of applicable laws, and may disclose any Content, and any other information pertaining to the User or to User’s use of the Site or the Services, to such governmental authority or entity in connection with any such investigation.

Anti-Spam Policy

DCA Survey, a leader in web-based solution for research and feedback, is completely committed to being a most trusted member of the Internet community. DCA Survey has a firm anti-spam stance. Spam may litter a recipient's email box and waste the recipient's money and time combating spam while eroding much goodwill. Spam often causes recipients to complain to their Internet Service Providers who in turn may block or restrict access from legitimate services like DCA Survey, and users, including you.

To help recipients be free from spam, and to maximize the availability of our Services to our community of Users, DCA Survey has a "zero tolerance" stand against spam. User fully acknowledge, warrant and agree that: User will not engage in any spamming activities in your use of the Services. User accept and agree that DCA Survey is serving as "survey host" and is not the sender or originator of any survey, and that User is therefore solely responsible for messaging activities, including the use of email and SMS, while using the Services. You assert that you either have an ongoing business or personal relationship with or have obtained consents to send email or SMS messages or both inviting participation in a survey to the persons on your own email/mobile phone list and on any lists you have acquired from a third party. Your use of the Site and Services will not violate any U.S. or foreign spamming, junk mail or other related laws or regulations prohibiting or discouraging unsolicited mail. If you engage in any unlawful spamming activity, DCA Survey will report such conduct to the appropriate authorities and turn over any and all information, including personally identifiable information, to appropriate law enforcement personnel or entities. We may request at any time that you provide proof that your email/SMS recipients have agreed to receive email/SMS messages from you. We may require that you provide the name of a list vendor and documentation of specific opt-in processes you or the vendor have used.

DCA Survey will immediately terminate the account of any User, at DCA Survey has sole determination to have used the Services in connection with any spam email or SMS or otherwise breached these Terms of Use. DCA Survey may also terminate your account if your mailings result in a report or complaint of spam against the sender, high bounce rates, poor monitoring of recipient consents including lax address book and email/mobile phone list management, or lack of compliance with anti-spam guidelines. DCA Survey reserves the right to terminate your use of the Services, and your account(s) without notice, if DCA Survey determines your activities are not in compliance with this Anti-Spam policy.

Email messages sent containing a DCA Survey survey absolutely must contain an "unsubscribe" link that allows subscribers to remove themselves from your email messages. You acknowledge and agree that you will not disable, hide, or remove or attempt to hide, disable, or remove the opt-out link from the email invitation for the survey being solicited. You will actively manage and process messaging unsubscribe requests received by you directly within five days of submission, and update your email lists and address books to reflect the unsubscribe requests.

Please contact us immediately if you suspect that DCA Survey has been used by someone to send spam. We will investigate the matter promptly.

Indemnity by User

User shall indemnify, hold harmless, and defend DCA Survey, its affiliates, and their respective directors, officers, employees, contractors, agents and servants from and against all demands, claims, liabilities, costs and damages (including attorneys’ fees and investigators' fees on a full indemnity basis) arising out of or in connection with:

Termination

This Agreement is automatically effective upon User’s first use of the Site or the Services, and will continue indefinitely until it is terminated.

DCA Survey may cancel User’s Subscription (if User has one) and immediately terminate this Agreement by notice to User in the event that User breaches any of User’s responsibilities, warranties, representations, or obligations under this Agreement or contravenes any applicable law.

Upon termination of this Agreement for any reason, User shall immediately cease all use of the Site and the Services, and User agrees and acknowledges that DCA Survey may, at its sole discretion, take any measures DCA Survey deems necessary or desirable or as a matter of urgency to prevent further use by User of the Site or Services, including, but not limited to, blocking User’s IP address. User further agrees and acknowledges that upon termination of this Agreement, DCA Survey shall not be obliged to retain any of User’s Content (including survey results, poll results, contact responder information, or responses) or to provide the same to User, but may elect to do so at DCA Survey's sole discretion. Termination of this Agreement shall not entitle User to a refund of any Subscription fees previously paid by User.

The following shall survive termination of this Agreement for any reason:

Provision Details of the Site and the Services

DCA Survey reserves the right at any time and from time to time to suspend, modify, or discontinue, permanently or temporarily, the Services or any part thereof, or User’s access thereto, and to modify, suspend or delete the Site or any part thereof, with or without notice. User acknowledges and agrees that DCA Survey shall not be liable to User or to any 3rd party for any modification, suspension or discontinuance of the Services or any suspension, deletion or modification of the Site.

Without limiting the immediately preceding paragraph, if User engages in excessive usage of the Site or the Services, DCA Survey may take such action as it considers necessary to prevent such excessive usage and to restore the availability of the Site and the Services to other users, including by limiting or suspending User's access to the Site and the Services, or by canceling User's Subscription and terminating this Agreement.

User agrees and acknowledges that the Site and the Services are provided "as is," "where is," "as available," and "with all faults," and that DCA Survey has absolutely no liability or responsibility for deletion of, or the loss of, or failure to receive, process or store any Content (including survey results, poll results, survey responses, or poll responses) transmitted or maintained using the Services.

DCA Survey MAKES NO WARRANTIES OR REPRESENTATIONS REGARDING THE RELIABILITY, TIMELINESS, SUITABILITY, AVAILABILITY, QUALITY, OR LACK OF VIRUSES OR OTHER HARMFUL COMPONENTS OF THE SITE OR THE SERVICES, OR THE ACCURACY OF SUCH SOFTWARE, INFORMATION, SERVICES AND PRODUCTS.

USER COMPLETELY ACKNOWLEDGES AND AGREES THAT THE SOFTWARE, INFORMATION, SERVICES, AND PRODUCTS CONTAINED IN OR AVAILABLE THROUGH THE SITE OR THE SERVICES, INCLUDING SOFTWARE, INFORMATION, PRODUCTS AND SERVICES MADE AVAILABLE BY OTHER USERS OF THE SITE OR THE SERVICES, MAY INCLUDE INACCURACIES OR ERRORS OR OMMISSIONS.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, DCA Survey, ITS AFFILIATES, AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS, SERVANTS AND AGENTS HEREBY DISCLAIM ALL WARRANTIES, IMPLIED OR EXPRESS, WITH REGARD TO SUCH SOFTWARE, INFORMATION, SERVICES OR PRODUCTS, INCLUDING ANY WARRANTY OF NON-INFRINGEMENT OF THIRD PARTY RIGHTS, AND THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR PURPOSE.

USER FURTHER ACKNOWLEDGES AND COMPLETELY AGREES THAT USER, AND NOT DCA Survey, IS RESPONSIBLE FOR EVALUATING THE ACCURACY, RELIABILITY, COMPLETENESS, AND USEFULNESS OF ANY INFORMATION OBTAINED THROUGH THE USE OF THE SITE OR THE SERVICES.

If you are a User located in a country embargoed by the United States, or are on the United States Treasury Department's list of Specially Designated Nationals, you are not permitted to purchase a Subscription or any other paid services from DCA Survey. No exceptions, period.

Rights and Protection - Intellectual Property

The Site and the Services and all information, pages, and screens appearing on this Site, including services, site design, graphics, logos, documents, text, images, and icons, as well as the arrangement thereof, are the sole property of dcasurvey.com Copyright © 2012 or its third party licensors. Except as otherwise required or limited by applicable law, any distribution, reproduction, retransmission, modification, or publication of any copyrighted material is strictly prohibited without the express written consent of the copyright owner or license. DCA Survey reserves all rights in the Site and the Services that are not expressly granted. DCA Survey is a trademark of DCA Survey.com, LLC in the United States. Other names, trademarks, and logos on this Site are the property of their respective owners. Nothing in this Agreement shall be deemed to transfer or assign to User any rights to any such intellectual property. User further acknowledges and agrees that Content made available to User through the Services may be subject to the intellectual property rights of third parties.

DCA Survey shall have the right to immediately terminate use of the Services in the event of any activities which breach this Agreement or conduct which, in DCA Survey's judgment, interferes with the operation or use of the Services. Termination of this Agreement automatically terminates your subscription and authorization to use and/or access Services and any content or other material contained therein.

Privacy Policy

The use of this Site by you is governed by the DCA Survey privacy policy, which is available at: http://www.DCA Survey.com/privacy.policy.aspx (the "Privacy Policy").

Exclusions and Limitations of DCA Survey’s liability

THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT OF THIRD PARTY RIGHTS. IN NO EVENT SHALL THE COPYRIGHT HOLDER OR HOLDERS INCLUDED IN THIS NOTICE BE LIABLE FOR ANY CLAIM, OR ANY SPECIAL INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THIS SOFTWARE.

MORE SPECIFICALLY, IN NO EVENT OR FORM SHALL DCA Survey, ITS AFFILIATES, OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, SERVANTS OR AGENTS BE LIABLE FOR ANY INDIRECT, DIRECT, INCIDENTAL, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING DAMAGES FOR LOST PROFITS, LOSS OF USE OR DATA, OR COSTS OF COVER, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THIS AGREEMENT, WHETHER BASED ON TORT, CONTRACT, STRICT LIABILITY OR ANY OTHER LEGAL THEORY, EVEN IF DCA Survey HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, INCLUDING DAMAGES ARISING OUT OF:

IN THE EVENT OR OCCURANCE THAT, NOTWITHSTANDING THE FOREGOING EXCLUSIONS OF LIABILITY, DCA Survey, OR ANY OF ITS AFFILIATES, OR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, SERVANTS OR AGENTS IS LIABLE TO USER FOR ANY AMOUNTS UNDER THIS AGREEMENT UNDER ANY THEORY OF RECOVERY, WHETHER BASED ON TORT, CONTRACT, STRICT LIABILITY OR OTHERWISE, DCA Survey’S (OR SUCH AFFILIATES’, DIRECTOR’S, OFFICER’S, EMPLOYEE’S, CONTRACTOR'S, SERVANT’S OR AGENT’S, AS APPLICABLE) TOTAL LIABILITY IN RESPECT OF SUCH AMOUNTS SHALL NOT EXCEED THE GREATER OF:

USER FULLY AGREES AND ACKNOWLEDGES AND THAT WITHOUT THE FOREGOING EXCLUSIONS AND LIMITATIONS OF LIABILITY, DCA Survey WOULD NOT BE ABLE TO OFFER THE SITE OR THE SERVICES, AND THAT SUCH EXCLUSIONS AND LIMITATIONS OF LIABILITY SHALL APPLY, EVEN IF THEY WOULD CAUSE USER’S REMEDIES UNDER THIS AGREEMENT TO FAIL OF THEIR ESSENTIAL PURPOSE. Notwithstanding the foregoing, some jurisdictions do not allow the exclusion or limitation of liability for incidental or consequential damages in certain circumstances, and so the foregoing limitation and exclusions may not apply to User to that extent.

IF USER IS DISSATISFIED WITH ANY PORTION OF THE SITE OR THE SERVICES, USER’S SOLE AND EXCLUSIVE REMEDY IS TO TERMINATE THIS AGREEMENT AND DISCONTINUE USING THE SITE AND THE SERVICES.

Additional Terms Of Use Details

All notices and communication permitted or required to be given by DCA Survey to User under this Agreement will be deemed to be properly given on the date when:

User completely agrees and acknowledges that User, and not DCA Survey, is solely responsible for determining which laws may apply to User’s use of the Site and the Services and assessing User’s obligations and responsibilities under such laws.

DCA Survey may provide frames, references, or hyperlinks to internet websites maintained by third parties. DCA Survey does not warrant that it has reviewed such third party websites and makes no representations, claims, or warranties regarding such third party websites or the contents of the same. DCA Survey is not responsible for, nor does it endorse or recommend, any products or services provided by such third parties through such third party websites or by any other means.

User may not at all assign this Agreement without DCA Survey’s prior written consent, which most certainly may be withheld in DCA Survey’s sole discretion. DCA Survey may absolutely assign this Agreement at any time without notice to User.

The use of the terms: "including" and "includes", and similar terms, shall be deemed not to limit what else might be included.

This Agreement comprises the entire agreement between DCA Survey and the User relating to the Site and the Services.

If any provision of this Agreement shall be determined to be invalid or unenforceable by a court, such provision shall be deemed severable and the remainder of this Agreement shall remain in full force and effect.

This Agreement is governed by the laws of the State of New Jersey, without containing reference to its conflicts of law rules, and the parties hereby submit to the exclusive jurisdiction and venue of the courts of that State.

If this Agreement is disputed, the substantially prevailing party shall be entitled to payment of its reasonable attorneys’ fees and costs.

The failure by DCA Survey to enforce any right or provision of this Agreement most definitely does not constitute a waiver of that provision or of any other provision of this Agreement.

Last Updated: 2012 March 04