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Library: Terms of Agreement

Last updated: February 28, 2011

PsychData, LLC (referred to as “PsychData”) provides and maintains the Internet web site, psychdata.com (referred to as the “Site”), in order to provide products and services to build and host surveys (referred to as “Services”), for the purpose of data collection by its customers (referred to as “Members”). The use of the Site and its Services are provided under the terms and conditions set forth in this Terms of Agreement, and any other rules or policies described on this Site (collectively, these “Terms”). These Terms comprise the entire agreement between Members and PsychData (the “Agreement”).

Acknowledgment and Acceptance of The Agreement

Please read the terms and conditions of the Agreement carefully. By becoming a Member of, or purchasing Services from, PsychData, you hereby understand, acknowledge and accept all of the terms and conditions set forth in the Agreement, as amended from time to time. Member hereby acknowledges and warrants that Member is eighteen (18) years of age or older.

Services Provided

Member can receive Services by creating an account through the Site. Upon creation of an account, Member assumes responsibility for managing and monitoring their account to Member’s satisfaction and in accordance to applicable law. Member agrees to monitor and manage the three (3) following variables in their account, by signing in regularly and purchasing more as needed, to meet such Member’s needs:

HOSTING TIME: When hosting time ends (i.e., the end-date passes), Member’s account expires. Upon expiration, all surveys will be turned OFF and cannot be turned ON until additional hosting time is purchased. Surveys and data remain accessible to Member for fourteen (14) days. Fifteen (15) days past expiration, all surveys, data, remaining participants and remaining questions will be deleted. Once deleted, this information is irretrievably lost. PsychData reserves the right to store Member surveys and data after the contract period has expired, at its sole discretion.

PARTICIPANTS: Participants are purchased by Member and are used by all surveys in a Member account (a “Participant”). A Participant is subtracted from Member’s account when the first page of an active Member survey, containing questions, is submitted. Surveys that are linked together (directly or randomly) subtract only one (1) Participant, but each linked survey counter will increase by one (1). When the count of Participant’s reaches zero (0), no further survey participation will be allowed until Member purchases more.

QUESTIONS: Questions are purchased by Member and are used by all surveys in a Member account. When the survey being edited is OFF, questions are subtracted/added from/to the Member account each time a question is created/deleted in any survey. When a survey, containing questions is turned ON, all questions in that survey will be permanently used, and cannot be returned to Member’s account. When the survey being edited is ON, each question created will be permanently subtracted from Member’s account. PsychData recommends finalizing surveys prior to turning them ON.

Members may, for the duration of their hosting time, direct Participants to their web pages and download the data provided by Participants. PsychData does not supply Participants for Member surveys. Member may download the data created by Participants’ completion of Member surveys. PsychData provides limited technical support (i.e., at PsychData’s sole discretion) to Members regarding use of downloaded files. However, Member hereby accepts full responsibility for the use, importation or transformation of data files upon initiation of download. Member acknowledges that any information, suggestions or advice provided by the Site or PsychData representatives regarding downloaded data files is provided on an “as is” basis.

Modifications to Services Provided

Member acknowledges and agrees that PsychData may, with or without notice, modify, remove or amend its Services and/or the Site. Further, Member acknowledges and agrees that PsychData may further modify, remove or amend the Agreement and that any such modification, removal or amendment shall be noticed to Member only by the posting of such modified, removed or amended Terms to the Site. PsychData will notify Member of any modification to fees by email, to the email address provided by Member to PsychData. If Member does not accept any modification, removal or amendment, Member’s only recourse is to terminate Member’s contract at that time. Any and all use of the Site or Services by Member after modification, removal or amendment occurs and/or the notice is posted or e-mailed (as applicable) shall be deemed to be acceptance of said modifications, removals or amendments.

Terms of Payment

Member agrees to pay all fees and charges to Member’s account at the rates in effect when the charges are incurred. Member hereby acknowledges that purchases made through the Site using a credit card will be instantly credited to their account and that other forms of payment (checks, purchase orders, money orders) are also accepted, but that funds must be received prior to receipt of Services. Member acknowledges that all sales are considered to be final such that refunds will not be given. PsychData reserves the right to provide refunds at its sole discretion. PsychData may change the fees and charges then in effect, or add new fees or charges, by giving Members email notice in advance, when the change affects the Member. PsychData will ensure that credit card processing is completed in a secured environment.

PsychData reserves the right to terminate Member’s account and corresponding Services at any time at its sole discretion without providing a refund to Member.

Member shall provide current, complete and accurate information when Member purchases Services from PsychData. Member shall keep their personal information current by using the “Edit User Information” link after signing into the Site. Member is solely responsible for maintaining the confidentiality of Member’s email address, password and other account information. Member shall notify PsychData immediately of any breach (or threatened breach) of security known to or anticipated by Member. Member may cancel his or her membership at any time by sending an email to [email protected] requesting cancellation. Refunds will not be provided to accounts cancelled by Member.

Disclaimer of Warranties and Limited Guarantee

Member expressly acknowledges and agrees that use of Services and the Site is at Member’s sole risk. Services and the Site are provided on an “as is” and “as available” basis.

Member hereby acknowledges the only guarantee offered to Member pursuant to the Agreement is the following two (2) part guarantee, which is limited by the remainder of this section and the Agreement as a whole (the “Guarantee”).

Member will be able to build a survey that meets or approximates their data collection needs using Services provided by PsychData. In the event that Member cannot build a survey meeting or approximating said needs, PsychData will:
1. provide assistance in the form of advice and suggestions to said Member; or
2. provide a full refund to the individual or institution who paid for said survey and terminate contract with said Member.
The option selected shall be in PsychData’s sole discretion, and selection of one (1) of the options does not preclude PsychData from selecting a different option at a later time.

The data generated from said survey will be accurate according to only PsychData’s data export standards in effect during the duration of said survey. In the event that data does not meet said criteria, PsychData agrees to:
1. repair said data, or
2. provide a full refund to the individual or institution who paid for said survey and terminate contract with said Member.
The option selected shall be in PsychData’s sole discretion, and selection of one (1) of the options does not preclude PsychData from selecting a different option at a later time.

Member hereby acknowledges and agrees that the Guarantee is limited by the following three (3) conditions and this Agreement as a whole: (1) Member hereby acknowledges and agrees that Psychdata shall decide which, and in what order, resolutions are used to honor the Guarantee, (2) Member hereby acknowledges and agrees that PsychData reserves the right to change data-export standards at any time by notifying Members with active accounts, and (3) Member hereby acknowledges and agrees that the term “accurate” is used only to refer to the Site export standards. Incomplete or otherwise inaccurate data due to all other factors is exempt from the Guarantee.

EXCEPT FOR THE GUARANTEE AND LIMITATIONS DESCRIBED ABOVE AND TO THE FULLEST EXTENT ALLOWED BY LAW, PSYCHDATA EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES, REPRESENTATIONS AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. THE CONTENTS OF SERVICES OR THE SITE MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. PSYCHDATA ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY SUCH ERRORS OR OMISSIONS.

PsychData is not responsible for the contents or correctness of any surveys or responses submitted to a survey, or the use of responses by Member or any third party. PsychData does not warrant or make any representations regarding the reliability or accuracy of Member information supplied to PsychData nor the responses supplied by Participants. PsychData does not warrant or make any representations regarding the use or the consequences of the use of any survey or survey responses nor does PsychData warrant the correctness, usefulness, reliability, accuracy or otherwise of any survey or data collected. PsychData is not responsible for any damages, including without limitation, lost profits, business interruption, lost data or other loss resulting from use of or reliance in any way on Services provided on the Site. It is solely Member’s responsibility to evaluate the accuracy, reliability, completeness and usefulness of survey results.

PsychData makes no warranty that Services or the Site will meet Member’s requirements or that Services will be uninterrupted, timely, secure, virus-free, error-free, accurate or reliable; nor does PsychData make any warranty as to any information that may be obtained through Services or the Site. Member understands and agrees that any material and/or survey results downloaded or otherwise obtained through use of Services or the Site is done at Member’s own discretion and risk and that Member will be solely responsible for any damage to Member’s computer system or related electronics or loss of data that results from the download of such material or data.

Limitation of Liability

TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, NEITHER PSYCHDATA, NOR ITS&NBSP;PARENT ENTITIES, SUBSIDIARIES, AFFILIATES, MEMBERS, OWNERS, OFFICERS, AGENTS OR EMPLOYEES SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING FROM OR RELATED TO MEMBER’S ACCESS TO, USE OF, INABILITY TO USE, OR RELIANCE ON SERVICES OR THE SITE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. If Member is dissatisfied with Services or the Site, the materials available on or through Services or the Site, or with any of the Terms, or the Agreement, Member’s sole and exclusive remedy is to discontinue using Services and leave the Site immediately.

Prohibited Uses

Member agrees not to transmit through the Site any pornographic, obscene, offensive, threatening, harassing, libelous, hate-oriented, harmful, defamatory, racist, illegal or otherwise objectionable material or content. Member acknowledges and agrees that any attempt by Member to transmit, publish or distribute such material or content or material or content that promotes, provides or relates to instructional information about illegal activities or promotes physical harm or injury against any individual or group is strictly forbidden. Member specifically agrees not to use the Site to send any materials, including surveys and requests to take surveys, to any persons under eighteen (18) years of age unless and until such Member has taken and follows all necessary action and compliance pursuant to state and federal laws. Member agrees not to send SPAM (unsolicited email to uninterested recipients) related to any survey hosted by the Site. Member agrees not to interfere or disrupt networks connected to the Site. Any attempt by Member to gain unauthorized access to any computer system, including accounts or databases maintained by and for PsychData, is strictly forbidden. Member agrees to comply with all applicable laws relating to such conduct. Member agrees to comply with all laws, rules and regulations regarding transmission of technical data exported from the United States. If Member engages in any activity set forth in this paragraph or violates any terms or conditions of the Agreement, Member’s account will be terminated and use of Services and the Site prohibited. PsychData may report such conduct to the appropriate authorities and turn over any and all information, regarding such activity to appropriate persons or entities.

Proprietary Rights

Member acknowledges and agrees that PsychData owns all materials and content contained in the Site to the extent such materials and/or content is provided and/or designed by PsychData. All such materials and/or content is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. No one may copy, reproduce, distribute in any way, or decompile, reverse engineer or disassemble such materials and/or content. Member is permitted a limited and fully revocable license to use the Site for the sole purpose of collecting data from Participants. Data collected through Member pages are the property of such Member. All surveys constructed by a Member using Services will retain some form of PsychData identification. Members assume all risk and liabilities of disclosing their surveys and survey data to third parties. Modification or use of the materials and/or content of the Site in any other way is a violation of copyright and other proprietary laws. No one may copy, reproduce, transmit, post, distribute or create derivative works from this Site without prior express authorization.

Proprietary Material

Member agrees not to use, misuse or misappropriate any brand names, trademarks, service marks, patents, images, text, copyright or other proprietary material or content of another, including, without limitation, PsychData, on or through the Site. If Member uses any such proprietary material or content, by doing so, Member warrants that Member has the right and authority to do so. If Member engages in any behavior set forth in this paragraph, Member account may be immediately terminated without a refund.

Third-party Oversight Bodies

PsychData assumes that Members have met all ethical and other applicable standards before conducting research with PsychData. PsychData reserves the right to require proof of approval by an established supervisory organization should proof be deemed necessary, in PsychData’s sole discretion. Any effects on Participants, resulting from participation in a Member’s survey, are the sole responsibility of the Member and the Participant.

Links and Advertising

PsychData may provide advertising space and/or links to third party Internet sites. Member acknowledges and agrees that PsychData has not reviewed all of the third party sites nor reviewed any content, materials, products or services they may provide. PsychData is not responsible for nor does it endorse the contents or any products or services of such third parties or their sites. PsychData does not control in any respect any information, products or services offered or suggested by third parties on the Site. PsychData does not endorse or otherwise warrant or guarantee the products or services that are either advertised on the Site or connected by link.

Termination of Agreement

The Agreement may be terminated by either party hereto at any time. PsychData shall not be liable to Member or any third party in any manner for termination of Services. In the event Member should become dissatisfied with the Agreement or any modifications thereof, or with Services or the Site, Member’s sole and exclusive recourse is to discontinue use of Services, terminate the membership, provide Pyschdata with proper notice of these actions and immediately discontinue using the Site. Upon termination, Member’s right and license to use Services and the Site are immediately revoked and Member shall immediately cease such use. PsychData shall have no obligation whatsoever to forward any surveys or data to Member.

Indemnification

In accordance with applicable law, Member agrees to defend, indemnify and hold harmless PsychData, its subsidiaries, affiliates, officers, members, owners, agents and employees, for any and all claims, causes of action, losses and/or demands, including, without limitation, attorney’s fees, due to or arising from Member’s use of Services or the Site, including, but not limited to, breaching any warranty or provision contained in this Agreement.

Legal Jurisdiction

The Agreement and the relationship between Member and PsychData shall be treated as if entered into and executed in the state of residence specified on the Site and shall be governed by and construed in accordance with the laws of the Commonwealth of Pennsylvania, without regard to Pennsylvania’s conflict of law principles. Any action to enforce or interpret, or arising from or related to, the Agreement shall be brought in the appropriate judicial forum located in the Commonwealth of Pennsylvania. Each party expressly consents to the jurisdiction of the state or federal courts in the Commonwealth of Pennsylvania and hereby further irrevocably waive any claim that any such court lacks jurisdiction over it, and agrees not to plead or claim, in any legal action or proceeding with respect to the Agreement brought in any of the aforesaid courts, that any such court lacks jurisdiction over it. PsychData makes no representation that the materials and content on the Site or relating to Services are appropriate or available for use in other locations, and accessing them from territories where their contents are illegal is strictly forbidden. Those who access Services or the Site from other locations do so on their own initiative and at their own risk and are responsible for compliance with local laws.

Nature of Terms of Agreement

Member agrees that becoming a Member constitutes acknowledgement of and agreement with the terms and conditions of the Agreement. Further, the Agreement is the entire and only agreement between the parties related to the subject matter hereof, and supersedes any prior understandings, agreements, representations or warranties. Member agrees that each use of Services and the Site reaffirms Member’s acknowledgment and agreement to the Agreement. The failure by PsychData to enforce any right or provision under the Agreement shall not constitute a waiver of that provision or any other provision of the Agreement.