By signing up as a new user of SurveyKing you agree to the following conditions. These terms and conditions are governed by the laws of the United States of America and the laws of the State of Michigan.



Payments and Payment Security


• SurveyKing will do it’s best to refund customers where the product has failed to meet expectations. This does not in any way guarantee a refund in fact will be issued. SurveyKing reserves the right to deny any and all requests for refunds.


• SurveyKing uses a third party, “Authorize.net” to process credit card payments. SurveyKing only stores the last 4 digits of a credit card as well as the card expiration date for all purchases for customer reference.


• All personal/billing data will be kept secure by both SurveyKing and “Authorize.net”. We have security measures in place to protect our customer database and access to this database is restricted internally. This by no means guarantees absolute security. By creating an account and/or purchasing surveys you agree that, SurveyKing will not be held liable for any billing errors or leaked personal data.


• All payment pages use SSL technology to encrypt the purchase and payment information.



Account Security


• By creating an account on the SurveyKing, you hereby agree that you are solely responsible for maintaining the confidentiality of the password(s) associated with your account. You agree that you will not directly or indirectly allow any third party access to your account details and that you will be solely responsible for all activities and transactions that take place under your account and for any and all use or misuse of your password or account. You are fully responsible for all actions that occur under your account or in connection with your account. You agree not to use your account in any unlawful, misleading or fraudulent manner.



Account Content

Users shall not use SurveyKing for any unlawful or inappropriate purpose. These types of actions include any actions that (are):


• unlawful, abusive, profane, obscene, vulgar, defamatory, pornographic, threatening, invasive of publicity or privacy rights, or otherwise objectionable;

• violates or infringes upon the rights of others in any way

• contains any viruses, worms, malware, Trojan horses or other harmful or destructive content

• encourages others to commit unlawful acts;

• breaches any other party’s Intellectual Property

• contains publicity, advertising, or solicitation for goods or services that did not receive prior approval from SurveyKing

• non-compliance with the law and best practices of the Children’s Online Privacy Protection Act (“COPPA”) and Controlling the Assault of Non-Solicited Pornography and Marketing Act of 2003 (“CAN-SPAM”).



SurveyKing cannot review all content and material posted on the site or in surveys and emails through its mass email services. SurveyKing cannot accept responsibility or liability for any material posted by its users. SurveyKing reserves the right to remove or alter any user’s content or material posted or used as part of the Services for any reason, at its own discretion.



Spam, Survey Misuse and E-mail Useage


• Sending email invitations and or reminders to surveys must be done in good faith and not for spam purposes.


• You must also adhere to the obligations of CAN-SPAM and EU Directive 2002/58/EC. SurveyKing takes no responsibility for your interpretation of the respective laws. If you ask for users email addresses and/or use them for your survey campaign you must adhere to the following: Don’t use false or misleading header information. Your “From,” “To,” “Reply-To,” and routing information, including the originating domain name and email address, must be accurate and identify you. Don’t use deceptive subject lines. The subject line must accurately reflect the content of the message; Only send a reasonable amount of emails in any period of time. Identify the message as an ad if it is one. You may not use the Services for Phishing or otherwise stealing users details.


• SurveyKing actively monitors the uploading of large email lists and emails being broadcast to large numbers of subscribers. In order to have some element of control against suspected spam, we limit single data uploads to 500 email addresses. SurveyKing will not allow their surveys or email broadcast system to be used in conjunction with email lists which have been rented, purchased or harvested by any means. If you do not have proof that you have collected the email addresses in your list, please do not upload them. SurveyKing reserves the right to request such proof. Non production of proof may lead to the user account being terminated. You are responsible for ensuring that the email messages you send in connection with your surveys do not generate a number of spam complaints in excess of industry standards.




Termination


• SurveyKing reserves the right to terminate, suspend or restrict a user’s account for breach of any term in these Terms of Service or for any reason at its own discretion. In the event a user’s account is terminated, suspended or restricted, the user shall not be entitled to a refund for any remaining subscription fees already paid.




Third Party Interference and Damage to Access Devices


• Although SurveyKing has security measures in place, you hereby accept that SurveyKing is not responsible for any third party interference with the Site. This includes any access to your account details by third parties, any software implemented into the website that causes any damage to the device used to access the site or anything that causes any damage to you whatsoever caused by third party interference. You hereby agree that you are responsible for the devices you use to access the Site and its compatibility required to access the site. surveyKing cannot be held responsible for any bug or improper use of equipment used to access the Site whether through a web browser or device application.



Liability


• SurveyKing, its suppliers, directors, employees, licensors or agents shall not be liable with respect to any subject matter of these Terms of Service, or any use by any party of the Site and Services, under any form or causes of action including contract, tort, strict liability or in any other action or dispute.



Modifications to the Terms of Service


• SurveyKing reserves the right to change this policy at any time, however, all changes will be posted to this Terms of Service at the time such changes are made. The date of the most recent revisions will appear on this page. Please note that continued access of SurveyKing will constitute your acceptance of any changes or revisions to the Terms of Service.


By signing up as a new user of SurveyKing you agree to the following conditions. By using the Site and its Services, you agree to be bound by this Privacy Policy. SurveyKing takes your privacy seriously and has fundamental guidelines that will be followed at all times:


• We do not disclose or sell your personal information to any third-party, unless we are required to do so by law or to protect our rights


• We do not require you to disclose personal information to us unless truly necessary to use our services or buy our products


• We shall keep your data on a secure server


• We shall undertake all reasonable and lawful requests to delete or correct your data



Personal Information


• Our primary goal in collecting personal information is to provide you with a friendly, customized, and efficient experience. We only collect personal information that is relevant to the purpose of our website. SurveyKing may collect personally identifying information during the registration process, including name and email address. SurveyKing reserves the right to track IP addresses of its users.



Disclosure of your Personal Information


•All personal information is kept confidential unless required to do so by law, such as a court order or subpoena, or to protect SurveyKing’s rights. SurveyKing shall never sell your personal information to a third party or otherwise. SurveyKing also may, on occasion, collect user preference information (such as items clicked from emails). We may also store information users knowingly and willingly provide such as feedback forms, suggestions, and emails to the SurveyKing website. SurveyKing may use such information for its internal purposes, including, but not limited to, email and web design optimizations, new features, and editorial and feedback purposes.



Anonymous Information & Survey Responses


• SurveyKing may store information users knowingly and willingly provide such as feedback forms, and suggestions. SurveyKing may use such information for its internal purposes, including, but not limited to, email and web design optimizations, new features, and editorial and feedback purposes. Like most websites we may collect anonymous information about you, made available by web browsers and servers, such as browser type, language preference, referring site, and the date and time of each visitor request. None of this data is personally identifiable to you. This data may then be aggregated across all users in order to determine and target demographics for marketing and advertising purposes.


• Survey response data will never be sold or discolored to third parties, expect where required by law. SurveyKing will use survey results for internal business purposes. These purposes include but are not limited to adding new features, and expanding our services/business.


• All user information stored by SurveyKing is considered confidential and will not be shared with outside parties except as described herein.



Cookies


• Cookies are alphanumeric identifiers that we transfer to your computer through your web browser to enable our systems to recognize your browser and tell us how and when pages in our website are visited and by how many people. SurveyKing cookies do not collect personal information, and we do not combine information collected through cookies with other personal information to tell us who you are or what your screen name or email address is. SurveyKing also uses a Google Analytics cookie to collect information about your use of the Site in order to optimize our users’ experience and use of the Services. The "help" portion of the toolbar on many browsers will direct you on how to prevent your browser from accepting new cookies, how to command the browser to tell you when you receive a new cookie, or how to fully disable cookies. We recommend that you leave the cookies activated, however, because cookies enable you to take advantage of some of SurveyKings"s most attractive features.



Security


• Your Site account information is protected by a password for your privacy and security. You need to work to protect against unauthorized access to your password and to your computer by logging off once you have finished using a shared computer.



Billing Information


• SurveyKing uses a third party payment gateway, “Authorize.net” to collect, store and process billing information. SurveyKing does not store this information on its Site or servers. All payment pages use SSL technology.



Transfer


• If SurveyKing, or any assets it owned, were acquired, or SurveyKing went out of business, your personal information may be considered an asset and could be transferred to a third party (“the Transfer”). By using the Site and Services and therefore agreeing to this Privacy Policy, you agree that in the event of a Transfer that the third party receiving your personal information may continue to use the data as set out herein.



Modifications to the Privacy Policy


• SurveyKing reserves the right to change this policy from time to time, however, all changes will be posted to this Privacy Policy at the time such changes are made. The date of the most recent revisions will appear on this page. Please note that continued access of SurveyKing will constitute your acceptance of any changes or revisions to the Privacy Policy.