Effective date: August 1, 2013
Thank you for being our customer.
Please read the Terms of Service ("Terms") carefully.
The Terms govern your access to and use of Survature.com and its related applications, products, and services (the "Services."). Your access to and use of the Services are conditioned on your acceptance of and compliance with these Terms. By accessing or using the Services you agree to be bound by these Terms. If you have any questions about the Terms, please feel free to contact us at firstname.lastname@example.org.
You represent and warrant that you have all the required legal capacity to enter into the Terms as a binding agreement. If you are representing a company, a corporation, or any entity, you represent that you have the legal authority to represent that entity and the required legal capacity to enter into the Terms as a binding agreement.
You also represent and warrant that any information you provide during the account registration process is true, complete, and up to date.
Term and Payment Schedule
Your account begins after you have successfully signed up for an account and continues as long as you use the Services. You agree to pay any fees in accordance to the current pricing plan you selected. The pricing plans are posted on Survature's website. You will be billed according to that pricing plan which you can manage under your account settings. Any fees paid by you are non-refundable.
Survature may change the amount of fees for the different pricing plans at any time. The new fees will be effective in the next billing cycle. Survature will provide you with reasonable notice of the new price schedule and a reasonable period of time for you to cancel your account if you so choose.
Cancellation and Termination of Services
You may terminate your account at any time. If you terminate your account during a billing cycle, you will not be entitled to a refund.
We may suspend, limit or terminate your account if you violate any provisions in the Terms or use Survature in a way that will violate any laws or regulations of any country or jurisdiction, send unsolicited bulk emails, or otherwise harass third parties. If we terminated your account with cause, we have the right to delete your account and all data associated in your account.
If your account has been inactive for twelve (12) months or more, we have the right to permanently delete your account and all associated data in your account. We reserve the right to suspend, limit, or terminate your account at any time and without cause, provided that we provide you with two week's notice.
Account and Password
You are responsible for keeping your account name and password confidential. In the event that you lost your password, we will provide the mechanism to reset your password. You agree to immediately notify us if there are any unauthorized uses of your account. We are not responsible for any loses due to stolen passwords or hacked accounts.
Consent to Electronic Notice
If for any purpose under the Terms, with the email address you provided to Survature when you created a user account, you agree to receive all notices and communications ("Notices") from Survature in electronic form at such email address. Delivery of any Notice from Survature is effective when sent by Survature, regardless of whether you actually receive or read the Notice. If you have provided your email address and do not wish to consent to electronic notice, you must close your account and discontinue all use of the Services. You can update your email address by using the features on Survature.com website for managing your user account.
Upgrades, Updates, Add-ons, and Support Services
In its sole discretion, Survature may make Updates, Upgrades, or Add-On components available for the Services. Survature may also provide you with support services related to the Services ("Support Services"). Any supplemental software components, media, and documentation provided to you as part of the Updates, Upgrades, Add-On and/or Support Services shall be considered part of the Services and subject to the Terms.
Survature expressly disclaims any warranty for the Services. The Services are provided "As Is" without any express or implied warranty of any kind, including but not limited to any warranties of merchantability, non-infringement, or fitness for a particular purpose. Survature does not warrant or assume responsibility for the accuracy or completeness of any information, text, graphics, links or other items contained within the Services. Survature makes no warranties respecting any harm that may be caused by the transmission of a computer virus, worm, time bomb, logic bomb, or other such computer program. Survature is not responsible for any data lost, stolen, deleted, or otherwise made unavailable. Survature further expressly disclaims any warranty or representation to you or to any third party.
Limitation of Liability
In no event shall Survature be liable for any damages (including, without limitation, lost profits, business interruption, or lost information) rising out of the use of or inability to use the Services, even if Survature has been advised of the possibility of such damages. In no event will Survature be liable for loss of data or for indirect, special, incidental, consequential (including lost profit), or other damages based in contract, tort or otherwise. Survature shall have no liability with respect to the content of the Services or any part thereof, including but not limited to errors or omissions contained therein, libel, infringements of rights of publicity, privacy, trademark rights, business interruption, personal injury, loss of privacy, moral rights, or the disclosure of confidential information. If Survature is found liable for any reason, you agree to limit any damages to the amount you paid for your use of the Services.
Compliance with Laws
You agree to comply with all applicable statutes, ordinances, regulations, orders, rules, treaties, and other laws of any governmental authority or jurisdiction regarding your use of the Services.
You agree to not to use Survature to send unsolicited bulk email.
You agree to indemnify and hold Survature harmless from any losses that result from third-party claims against your use of the Services.
Relationship of the Parties
Nothing in the Terms will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between you and Survature.
Governing Law, Jurisdiction, and Venue
The Terms is subject to the law of the State of Tennessee in the United States of America. You agree that the exclusive jurisdiction and venue for any claim or dispute relating to or arising out of the Terms or its subject matter will be in the federal and state courts located in the city of Knoxville, TENNESSEE, and you consent to the personal jurisdiction in such courts.
Survature may modify any term or condition in the Terms from time to time and without notice. In jurisdictions where notice is required, Survature may modify any of the terms and conditions contained in the Terms at any time and in our sole discretion, by posting on Survature's website or by sending you an email to your email address in your user account.
The Terms represents the entire agreement concerning the Services between you and Survature, and it supersedes any prior proposal, representation, or understanding between the parties.
If any provision in the Terms should be held illegal or unenforceable, the other provisions of the Terms will remain in full force and effect.