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].
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.
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.
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: firstname.lastname@example.org with the subject of IP Use.
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.
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.
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:
4888 Pearl East Cir, Suite 100W
Boulder, CO 80301
email@example.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.
Governing Law and Jurisdiction
Limitation on Time to File Claims
Waiver and Severability
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: firstname.lastname@example.org.
Last Modified: April 14, 2017
Effective Date: April 17, 2017