AGREEMENT GOVERNING USE OF BEELINER SURVEY SOFTWARE
Thank you for registering with ROG, Inc.,
trading as “@Spinfish Web”, to use our online customizable
survey services (the “Online Services”). This agreement (the
“Agreement”) sets forth the terms and conditions under which
we make the Online Services available to you (“you”, or the
“Permitted User”). By clicking the check-box indicating your
acceptance of this Agreement or by using the Online Services, you are
indicating that you accept this Agreement on your own behalf or, if you
are acting within the scope of your employment, on behalf of your employer.
You should read this Agreement carefully. If you do not agree with its
terms, you may not use the Online Services.
Grant of License
As consideration for payment of the applicable fees specified on your
registration form and subject to the terms and conditions of this Agreement,
@ Spinfish Web grants you, the Permitted User, a non-transferable, non-exclusive
license to access and use the Online Services from our website (www.beelinersurveys.com)
for the purpose of customizing and running online surveys.
You may not copy, modify, publicly perform or display or make derivative
works of the Online Services, except as expressly permitted herein. You
shall use the Online Services strictly in compliance with all applicable
laws. Without limitation, you may not use the Online Services to send
unsolicited email to any third party in breach of any law. You may not
in any way interfere with or impair the operation of the @Spinfish Web
website nor allow any third party to do so, and you may not reverse engineer,
decompile or otherwise deconstruct the Online Services. Your access and
use will be password protected, and you are not permitted to give your
password to third parties for the purpose of enabling them to access or
use the Online Services or otherwise allow any third party to access or
use the Online Services. You, the Permitted User, assume responsibility
for the selection and use of the Online Services to achieve your intended
results and for the results obtained from such use.
Ownership of Intellectual Property
@Spinfish Web owns and shall retain all intellectual property rights,
including without limitation all patent, copyright, trademark and service
mark rights, in and to the Online Services and the software used to operate
it. You acquire no ownership rights in the Online Services or such software
as a result of this Agreement. @Spinfish Web reserves all rights not expressly
granted to you by this Agreement.
Right to Terminate
@Spinfish Web may terminate your access and use privileges at any time,
with or without notice to you, if you fail to make payments when due or
if you fail to abide by any of the terms and conditions of this Agreement.
Limited Warranty and Exclusion of Implied Warranties
@Spinfish Web warrants that, during the period of your subscription to
the Online Services, the Online Services will conform substantially to
their description as set forth on our website. If the Online Services
fail to meet this warranty, you shall promptly notify @Spinfish Web. @Spinfish
Web’s sole and exclusive liability, and your sole and exclusive
remedy, for any such breach shall be that @Spinfish Web shall remedy the
deficiency in the Online Services at no additional cost to you, or in
the event that @Spinfish Web is unable to do so, to refund the amount
paid by you for the period during which the breach took place.
EXCEPT AS SET FORTH IN THE ABOVE LIMITED WARRANTY, THE
ONLINE SERVICES ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY
KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED
WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT AND FITNESS FOR A PARTICULAR
PURPOSE. @SPINFISH WEB DOES NOT WARRANT THAT THE DATA OR FUNCTIONS CONTAINED
IN OR PROVIDED BY THE ONLINE SERVICES OR THE RESULTS OF THEIR USE WILL
MEET YOUR REQUIREMENTS OR ARE ACCURATE AND COMPLETE OR THAT THE OPERATION
OF THE ONLINE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE. YOU ACKNOWLEDGE
THAT THE AVAILABILITY OF THE ONLINE SERVICES MAY BE SUSPENDED FROM TIME
TO TIME FOR PERIODIC MAINTENANCE.
SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED
WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. THIS WARRANTY
GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH
VARY FROM STATE TO STATE.
Limitations of Liability
IN NO EVENT WILL @SPINFISH WEB BE LIABLE TO YOU OR ANY OTHER PARTY FOR
ANY INCIDENTAL, INDIRECT, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES,
INCLUDING WITHOUT LIMITATION LOST PROFITS, LOST SAVINGS, COSTS OF RECOVERY
OF LOST DATA, OR LOST EFFICIENCIES, ARISING FROM YOUR USE OF OR INABILITY
TO USE THE ONLINE SERVICES OR OTHERWISE IN CONNECTION WITH THIS AGREEMENT,
EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
@SPINFISH WEB’S MAXIMUM AGGREGATE LIABILITY FOR
ANY AND ALL DAMAGES ARISING IN CONNECTION WITH THIS AGREEMENT SHALL BE
THE AMOUNT PAID TO @SPINFISH WEB FOR THE ONLINE SERVICES PROVIDED TO YOU.
This Agreement may be modified only by an agreement in writing signed
by us or by an agreement that is entered into in the same manner as that
in which you have manifested your assent to this Agreement. This Agreement
shall be governed by the laws of The Commonwealth of Massachusetts, without
giving effect to conflict of laws provisions thereof. Each party explicitly
agrees to that any disputes arising in connection with this Agreement
shall be heard in the state or federal courts located in Middlesex County,
YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT, AND
AGREE TO BE BOUND BY IT. YOU FURTHER AGREE THAT IT IS THE COMPLETE AND
EXCLUSIVE STATEMENT OF OUR AGREEMENT AND SUPERSEDES ALL PROPOSALS OR PRIOR
AGREEMENTS, ORAL OR WRITTEN, AND ALL OTHER COMMUNICATIONS BETWEEN US RELATING
TO THE ONLINE SERVICES.
This Agreement and the rights granted herein may not be assign or transferred
to any third party, whether by operation of law or otherwise, without
the prior written consent of @Spinfish Web. Any such assignment or transfer
without consent shall be void. @Spinfish Web shall not be liable for any
failure arising in connection with this Agreement to the extent such failure
arises from factors outside our reasonable control. Any notices in connection
with this Agreement may be sent by email or post and shall be effective
24 hours after dispatch (if sent by email) or three business days after
posting (if sent by post). If to you, such notices may be sent to the
address given by you on registration. If to @Spinfish Web, such notices
may be sent to Spinfish Web, 5 Upland Road, Cambridge, MA 02140 USA.
If you agree with these Terms and Conditions, check the
"accept" box on the sign-up form and your registration will
be confirmed. By checking the "accept" box, you are manifesting
your intent to be bound by these Terms and Conditions and are reconfirming
the truth, accuracy, and completeness of your registration.