SurveyGizmo Website Terms of Use

Acceptance of the Terms of Use

These terms of use (these “Terms of Use”) are entered into by and between you and Widgix, LLC dba SurveyGizmo (“SurveyGizmo”, “we” or “us”) and, together with any documents they expressly incorporate by reference, govern your access to and use of the SurveyGizmo web site), including any content, functionality and services offered on or through www.surveygizmo.com, community.surveygizmo.com, www.marketergizmo.com, app.surveygizmo.com and any other websites or mobile applications that post a link to these Terms of Use (collectively, the “Website”) and which are owned and operated by SurveyGizmo.

If you sign up to use any of the services offered on the Website, your access to and use of those services will be governed by our Services Agreement – this is a new link].

Please read the Terms of Use carefully before you start to use the Website. By using the Website, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy, found at https://www.surveygizmo.com/privacy/ incorporated herein by reference. If you do not want to agree to these Terms of Use or the Privacy Policy, you must not access or use the Website.

The Website is not intended for children and is not targeted to children under the age of 13. By using this Website, you represent and warrant that you are at least 13 years of age.

Changes to the Terms of Use

We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Website thereafter. Your continued use of the Website following the posting of revised Terms of Use means that you accept and agree to the changes.

Intellectual Property Rights

The Website and its entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by SurveyGizmo, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.

These Terms of Use permit you to use the Website for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, republish, download, store or transmit any of the material on our Website, except that your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials you may store files that are automatically cached by your web browser for display enhancement purposes.
If you wish to make any use of material on the Website other than that set out in this section, please address your request to: compliance@surveygizmo.com with the subject of IP Use.

No right, title or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted are reserved by SurveyGizmo. Any use of the Website not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark and other laws.

Trademarks

The names SurveyGizmo and MarketerGizmo and all related names, logos, product and service names, designs and slogans are trademarks of SurveyGizmo or its affiliates or licensors. You must not use such marks without the prior written permission of SurveyGizmo. All other names, logos, product and service names, designs and slogans on this Website are the trademarks of their respective owners.

Prohibited Uses

You may use the Website only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Website to take any action that could harm us or a third party or in any way that violates any applicable federal, state, local or international law. You may not attempt to circumvent any restriction or condition imposed on your use or access of the Website, or do anything that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Website.

User Contributions

The Website may provide you the opportunity to participate and post content publicly (“User Contributions”) through chat rooms, forums, interactive features, or other communication functionality. You represent and warrant that you own or control all rights in and to your User Contributions and that all of your User Contributions do and will comply with these Terms of Use. You grant us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material for any purpose.

User Contributions must not contain any material that is libelous, defamatory, obscene, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable or illegal. You agree not to promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age. Your User Contributions may not involve commercial activities or advertisements of any kind or give the impression that they emanate from or are endorsed by us or any other person or entity.

You are solely responsible for your User Contributions. While we are not responsible for the content or accuracy of any User Contributions posted by you or any other user of the Website, we reserve the right to remove, edit or delete any User Contributions for any or no reason, in our sole discretion. We may disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy or take appropriate legal action for any illegal or unauthorized use of the Website.

Copyright Infringement

If you believe that any User Contributions violate your copyright, please submit your complaint in writing to our Copyright Agent (designated below). In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512), the written notice (the “DMCA Notice”) must include substantially the following:

  • • Your physical or electronic signature.
  • • Identification of the copyrighted work you believe to have been infringed.
  • • Identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate that material.
  • • Adequate information by which we can contact you (including your name, postal address, telephone number, and, if available, email address).
  • • A statement that you have a good-faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent, or the law.
  • • A statement, under penalty of perjury, that the information in the written notice is accurate and that you are authorized to act on behalf of the copyright owner.

Our designated Copyright Agent to receive DMCA Notices is:

Janelle Hsia
SurveyGizmo
4888 Pearl East Cir, Suite 100W
Boulder, CO 80301
720-496-2990
compliance@surveygizmo.com with the subject of DMCA Notice

It is the policy of SurveyGizmo to terminate the user accounts of repeat infringers.

Reliance on Information Posted

The information presented on or through the Website is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents.

This Website includes content provided by third parties, including materials provided by other users, bloggers and third-party licensors, syndicators, aggregators and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by SurveyGizmo, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of SurveyGizmo. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

Social Media Features

This Website may provide certain social media features that enable you to link to or display certain content on this Website on your own or certain third-party websites or to send emails or other communications with certain content from this Website. You may use these features solely as they are provided by us, solely with respect to the content they are displayed with, and otherwise in accordance with any additional terms and conditions we provide with respect to such features.

Subject to the foregoing, you must not establish a link from any website that is not owned by you or cause any portions of the Website to be displayed by framing, deep linking or in-line linking on any other website. You agree to cooperate with us in causing any unauthorized framing or linking immediately to cease. We reserve the right to withdraw linking permission without notice.

We may disable all or any social media features and any links at any time without notice in our discretion.

Links from the Website

The Website may contain links to other sites and resources provided by third parties, including links contained in advertisements. These links are provided for your convenience only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

Disclaimer of Warranties

WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING, NEITHER SURVEYGIZMO NOR ANYONE ASSOCIATED WITH SURVEYGIZMO REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

Limitation on Liability

IN NO EVENT WILL SURVEYGIZMO, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE OR ANY WEBSITES LINKED TO IT, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.

Indemnification

You agree to defend, at your own expense, SurveyGizmo, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns (the “Indemnified Parties”) from and against any claim, suit, action or proceeding arising out of or relating to your violation of these Terms of Use or your use of the Website, including, but not limited to, any use of the Website’s content, services and products other than as expressly authorized in these Terms of Use or your use of any information obtained from the Website (a “Claim”). You agree to indemnify and hold the Indemnified Parties harmless against damages, losses, costs (including reasonable attorneys’ fees) or judgments awarded against any such Indemnified Party in connection with any Claim.

Governing Law and Jurisdiction

All matters relating to the Website and these Terms of Use and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the laws of the State of Colorado without reference to its conflict or choice of law rules or principles. You hereby submit to the exclusive jurisdiction of the courts of the State of Colorado for any legal action arising out of these Terms of Use or your use of the Website.

Arbitration

At our sole discretion, we may require you to submit any disputes arising from the use of these Terms of Use or the Website, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to arbitration in Boulder, Colorado in accordance with the Commercial Arbitration Rules of and by the American Arbitration Association, and judgment upon the award rendered by the arbitrators may be entered in any court having jurisdiction thereof. The decision of the arbitrators shall be final and conclusive.

Limitation on Time to File Claims

YOU MUST CONTACT US WITHIN ONE (1) YEAR OF THE DATE OF THE OCCURRENCE OF THE EVENT OR FACTS THAT GIVE RISE TO ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE WEBSITE, OR YOU WAIVE YOUR RIGHT TO PURSUE ANY SUCH CAUSE OF ACTION OR CLAIM BASED UPON SUCH EVENT OR FACTS.

Waiver and Severability

No waiver by SurveyGizmo of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of SurveyGizmo to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision. If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

Entire Agreement

The Terms of Use, our Privacy Policy and, if you have signed up to use any of the services offered on the Website, the Services Agreement, constitute the sole and entire agreement between you and SurveyGizmo with respect to your use of the Website and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Website. In the event of any conflict of terms between these Terms of Use and the Services Agreement, the Services Agreement shall control.

Termination

We may, in our sole discretion, terminate or suspend your access to all or part of the Website for any or no reason, including without limitation, any violation of these Terms of Use.

Your Comments and Concerns

This website is operated by Widgix, LLC dba SurveyGizmo, 4888 Pearl East Cir., Suite 100W, Boulder, CO 80301. All feedback, comments, requests for technical support and other communications relating to the Website should be directed to: support@surveygizmo.com.

Last Modified: April 14, 2017
Effective Date: April 17, 2017