This document defines your relationship with Q-Assessor and the Epimetrics Group, LLC, (collectively, “Q-Assessor”). It sets forth the terms and conditions under which Q-Assessor makes available its Internet site q-assessor.com (the "Site") and the site’s systems and services (the "Services") to any person or entity (the "User") that accesses and uses the Site. These terms and conditions — updated here from time to time — (the "Agreement") constitute the full, binding, legal agreement between Q-Assessor and User.
By accessing and using the Site and Services, the User thereby agrees to and is bound by this Agreement. If you do not agree with any of the terms of the Agreement, do not access this Site, use any of its Services, or otherwise use any information on this Site. If Q-Assessor makes any modifications to this Agreement that are unacceptable to you, you shall cease to use the Site and its Services. If you continue to use the Site and Services, you will be conclusively deemed to have accepted the changes.
If User is a corporation or other legal entity, User warrants that it is validly formed under the laws of User’s jurisdiction and has authorized User’s agent(s) to enter into this Agreement. If User is an individual, User warrants that User is of majority age in its place of residence.
If User has created an account at the Site to use the Services, User hereby warrants that all provided information is complete and accurate. User agrees to keep such information up to date. User agrees that User is wholly responsible for User’s account, password, and all activities occurring during use of that account, whether or not User has authorized such activities.
Each registered user will be allowed to perform one full study at no cost. Q-Assessor provides this free trial as a good-faith offer to enable interested users to experience Q-Assessor’s capabilities in a real application of importance to users. Use of multiple registrations to side-step this limit of one free study per person will not be permitted, and duplicate registrations will be removed.
User acknowledges and agrees that:
- All study-related content (statements, interview questions, images, audio, other file types or content — the "Content") whether publicly posted or privately transmitted are the sole responsibility of the originator of such content.
- User — not Q-Assessor — is solely responsible for all Content that User uploads, transmits, emails, or otherwise distributes during any use of the Site and Services through the use of User’s account, whether or not such activities are authorized by User.
- Q-Assessor does not control the Content originating from User, User’s study participants/responsdents, or other users of the Site and Services nor does Q-Assessor guarantee the accuracy, integrity, or quality of User content.
- By using the Site and Services, User may be exposed to Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, libelous, vulgar, obscene, offensive, indecent, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable.
- Q-Assessor may review all Content and block, modify, remove, or terminate any such Content that Q-Assessor, in its sole discretion, considers not in compliance with the requirements of this Agreement.
- Q-Assessor may periodically purge Content from its databases, and User acknowledges that User is solely responsible for backing up User’s Content uploaded to the Site or generated through the Services.
- User acknowledges that Q-Assessor may disable or remove User’s account and access to the Site and Services and Q-Assessor may recover any losses, damages, or other costs incurred by Q-Assessor resulting or arising from User’s noncompliance with any provision of this Agreement.
- User shall comply with all applicable U.S. Federal, State, local and international laws, including the CAN-SPAM Act of 2003, and all other laws related to unsolicited commercial email messages, defamation, privacy, obscenity, intellectual property or child protective email address registries.
- User shall comply with all privacy policies or similar policies or procedures to which User may be bound that are related to User’s use of the Services.
- User shall not upload or transmit any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, libelous, vulgar, obscene, offensive, indecent, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable; or that infringes any patent, trademark, trade secret, copyright, or other intellectual property right of any party; or that that User does not have the right to make available by reason of any law or contractual or fiduciary relationship; or that that comprises or includes any “junk mail”, “spam”, “chain letters”, “pyramid schemes”, or any similar form of solicitation.
- User shall not use the Site or Services to send any communications or Content to minors unless User is permitted to do so under all applicable laws; or to harm minors in any other fashion that would subject Q-Assessor to the Children’s Online Privacy and Protection Act.
- User shall not impersonate any other person or entity or otherwise misrepresent User’s identity or affiliation with any other person or entity.
- User shall not interfere with or disrupt the Site or the Services or servers or networks connected to the Site or the Service, or disobey any requirements, procedures, policies, or regulations of networks connected to the Site or the Services.
- User shall not engage in excessive usage of the Site or Services, as determined solely by Q-Assessor, including usage that adversely affects the speed, functionality, or responsiveness of the Site and Services or disrupts the availability of the Site or Services to other Users.
- User shall not attempt to damage, deny service to, hack, crack, reverse engineer, or otherwise interfere with the Site or the Services in any manner.
- User shall not upload, post, email, distribute, communicate, transmit or otherwise make available any viruses or similar malicious software that may damage the operation of a computer, the Site, or the Services.
- User shall not use the Site or the Services to collect, process, or otherwise handle, “Protected Health Information” (as defined in 45 C.F.R. § 160.103) without Q-Assessor’s prior written consent.
- User acknowledges and agrees that Q-Assessor may cooperate with any governmental authority in connection with any investigation into User’s use of the Site or the Services, including use in contravention of applicable laws, and may disclose any Content, and any other information pertaining to the User or to User’s use of the Site or the Services, to such governmental authority in connection with any such investigation.
Indemnification by User
User shall indemnify, defend and hold harmless Q-Assessor, its affiliates, and their respective directors, officers, employees, servants and agents from and against all claims, demands, damages, liabilities and costs (including attorneys’ fees on a full indemnity basis) arising out of or in connection with:
- User’s use of the Site or the Services, including User’s use of or reliance on any information or materials obtained through the use of the Site or the Services.
- Any other use of the Services by a third party using User’s account (whether or not authorized by User).
- User’s breach of this Agreement, including any of User’s representations and warranties under this Agreement.
- User’s contravention of any applicable law, including the CAN-SPAM Act of 2003.
This Agreement shall automatically become effective upon User’s first use of the Site or the Services, and continue indefinitely until it is terminated. Q-Assessor may cancel User’s Subscription (if User has one) and terminate this Agreement immediately by notice to User in the event that User breaches any of User’s representations, warranties, or obligations under this Agreement
Upon termination of this Agreement for any reason, User shall immediately cease all use of the Site and the Services, and User acknowledges and agrees that Q-Assessor may, in its sole discretion, take any measures Q-Assessor reasonably deems necessary or desirable to prevent further use by User of the Site or Services, including by blocking User’s IP address. User further acknowledges and agrees that upon termination of this Agreement, Q-Assessor shall not be obliged to retain any of User’s Content (including survey or poll results or responses) or to provide the same to User, but may elect to do so in its sole discretion. Termination of this Agreement shall not entitle User to a refund of any Subscription fees previously paid by User.
The following shall survive termination of this Agreement for any reason:
- All of User’s representations, warranties and indemnities given under this Agreement.
- All disclaimers of warranties, and limitations and exclusions of liability.
Provision of Site and Services
Q-Assessor reserves the right at any time and from time to time to modify, suspend or discontinue, temporarily or permanently, the Services or any part thereof, or User’s access thereto, and to modify, suspend or delete the Site or any part thereof, with or without notice. User acknowledges and agrees that Q-Assessor shall not be liable to User or to any third party for any modification, suspension or discontinuance of the Services or any modification, suspension or deletion of the Site.
If User engages in excessive usage of the Site or the Services, Q-Assessor may take such action as it considers necessary to prevent such excessive usage and to restore the availability of the Site and the Services to other users, including by limiting or suspending User’s access to the Site and the Services, or by canceling User’s Subscription and terminating this Agreement.
User acknowledges and agrees that the Site and the Services are provided “as is,” “where is,” “as available,” and “with all faults,” and that Q-Assessor has no responsibility or liability for the loss or deletion of, or failure to receive, process or store any Content (including survey or poll results or responses) maintained or transmitted using the Services.
USER ACKNOWLEDGES AND AGREES THAT THE INFORMATION, SOFTWARE, PRODUCTS AND SERVICES CONTAINED IN OR AVAILABLE THROUGH THE SITE OR THE SERVICES, INCLUDING INFORMATION, SOFTWARE, PRODUCTS AND SERVICES MADE AVAILABLE BY OTHER USERS OF THE SITE OR THE SERVICES, MAY INCLUDE INACCURACIES OR ERRORS.
USER FURTHER ACKNOWLEDGES AND AGREES THAT USER, AND NOT SURVEYMONKEY, IS RESPONSIBLE FOR EVALUATING THE ACCURACY, RELIABILITY, COMPLETENESS, AND USEFULNESS OF ANY INFORMATION OBTAINED THROUGH THE USE OF THE SITE OR THE SERVICES.
Q-ASSESSOR MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, QUALITY, OR LACK OF VIRUSES OR OTHER HARMFUL COMPONENTS OF THE SITE OR THE SERVICES, OR THE ACCURACY OF SUCH INFORMATION, SOFTWARE, PRODUCTS AND SERVICES.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, Q-ASSESSOR, ITS AFFILIATES, AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, SERVANTS AND AGENTS HEREBY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, WITH REGARD TO SUCH INFORMATION, SOFTWARE, PRODUCTS OR SERVICES, INCLUDING ANY WARRANTY OF NON-INFRINGEMENT OF THIRD PARTY RIGHTS, AND THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR PURPOSE.
If you are a User located in a country embargoed by the United States, or are on the U.S Treasury Department’s list of Specially Designated Nationals, you are not permitted to purchase a Subscription or any other paid services from Q-Assessor.
Limitations and Exclusions of Q-Assessor’s Liability
IN NO EVENT SHALL Q-ASSESSOR, ITS AFFILIATES, OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, SERVANTS OR AGENTS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING DAMAGES FOR LOST PROFITS, LOSS OF USE OR DATA, OR COSTS OF COVER, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THIS AGREEMENT, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR ANY OTHER LEGAL THEORY, EVEN IF Q-ASSESSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, INCLUDING DAMAGES ARISING OUT OF:
- THE USE OR PERFORMANCE OF, THE DELAY IN PROVIDING, THE FAILURE TO PROVIDE, OR THE INABILITY TO USE, THE SITE OR THE SERVICES.
- ANY INFORMATION, SOFTWARE, PRODUCTS OR SERVICES CONTAINED IN OR AVAILABLE THROUGH THE SITE OR THE SERVICES, INCLUDING INFORMATION, SOFTWARE, PRODUCTS AND SERVICES MADE AVAILABLE BY OTHER USERS OF THE SITE OR THE SERVICES.
- USER SPECIFICALLY AGREES THAT Q-ASSESSOR, ITS AFFILIATES, AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, SERVANTS AND AGENTS SHALL NOT BE LIABLE FOR: UNAUTHORIZED ACCESS TO OR ALTERATION OF ANY TRANSMISSIONS OR DATA, ANY MATERIAL OR DATA SENT OR RECEIVED OR NOT SENT OR NOT RECEIVED, OR ANY TRANSACTIONS ENTERED INTO THROUGH THE SITE OR THE SERVICES OR IN RELIANCE UPON ANY INFORMATION OBTAINED THROUGH THE USE OF THE SITE OR THE SERVICES; ANY THREATENING, DEFAMATORY, OBSCENE, OFFENSIVE OR ILLEGAL CONTENT OR CONDUCT OF ANY OTHER PARTY OR ANY INFRINGEMENT OF A THIRD PARTY’S RIGHTS, INCLUDING INTELLECTUAL PROPERTY RIGHTS; OR ANY CONTENT SENT USING, OR INCLUDED IN, THE SITE OR THE SERVICES BY ANY THIRD PARTY.
IF USER IS DISSATISFIED WITH ANY PORTION OF THE SITE OR THE SERVICES, USER’S SOLE AND EXCLUSIVE REMEDY IS TO TERMINATE THIS AGREEMENT AND DISCONTINUE USING THE SITE AND THE SERVICES.
IN THE EVENT THAT, NOTWITHSTANDING THE FOREGOING EXCLUSIONS OF LIABILITY, Q-ASSESSOR, ANY OF ITS AFFILIATES, OR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, SERVANTS OR AGENTS IS LIABLE TO USER FOR ANY AMOUNTS UNDER THIS AGREEMENT UNDER ANY THEORY OF RECOVERY, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, Q-ASSESSOR’S (OR SUCH AFFILIATES’, DIRECTOR’S, OFFICER’S, EMPLOYEE’S, SERVANT’S OR AGENT’S, AS APPLICABLE) TOTAL LIABILITY IN RESPECT OF SUCH AMOUNTS SHALL NOT EXCEED THE GREATER OF:
- THE AMOUNT OF ONE HUNDRED DOLLARS ($100.00), AND
- THE AMOUNTS ACTUALLY RECEIVED BY Q-ASSESSOR FROM USER UNDER THIS AGREEMENT.
USER ACKNOWLEDGES AND AGREES THAT WITHOUT THE FOREGOING EXCLUSIONS AND LIMITATIONS OF LIABILITY, Q-ASSESSOR WOULD NOT BE ABLE TO OFFER THE SITE OR THE SERVICES, AND THAT SUCH EXCLUSIONS AND LIMITATIONS OF LIABILITY SHALL APPLY, EVEN IF THEY WOULD CAUSE USER’S REMEDIES UNDER THIS AGREEMENT TO FAIL OF THEIR ESSENTIAL PURPOSE. Notwithstanding the foregoing, some jurisdictions do not allow the exclusion or limitation of liability for incidental or consequential damages in certain circumstances, and so the foregoing limitation and exclusions may not apply to User to that extent.
Intellectual Property Rights
The Site and the Services and all information and screens appearing on this Site, including documents, services, site design, text, graphics, logos, images and icons, as well as the arrangement thereof, are the sole property of The Epimetrics Group, LLC Copyright © 2010 or its third party licensors. Except as otherwise required or limited by applicable law, any reproduction, distribution, modification, retransmission, or publication of any copyrighted material is strictly prohibited without the express written consent of the copyright owner or license. Q-Assessor reserves all rights in the Site and the Services that are not expressly granted. Other trademarks, names, and logos on this Site are the property of their respective owners. Nothing in this Agreement shall be deemed to assign or transfer to User any rights to any such intellectual property. User further acknowledges and agrees that Content made available to User through the Services may be subject to the intellectual property rights of third parties.
If you register for a free account, we collect your email address and password and may collect certain demographic information, such as your time zone or country.
If you purchase a professional account or other service from us, you must provide certain additional personally identifiable information on our order form; in particular, certain contact information (including your name, address, email address, and billing address) and financial information (including credit card number and expiration date), which we use for billing purposes and to fill your orders. If we have trouble processing an order, we will use this information to contact you. You will not be able to open an account if you do not provide the information that is identified as required in the account registration and/or purchase process.
If a User uses our tool to send you a study invitation email, we collect your email address if the User provides it to us. Such email addresses are used exclusively for the purposes of enrollment in the study and are not sold, leased, or otherwise marketed for any other purpose by the User or by Q-Assessor.
As is true of most Web sites, we gather certain information automatically and store it in log files. This information includes internet protocol (IP) addresses, browser type, internet service provider (ISP), referring/exit pages, operating system, date/time stamp, and clickstream data. We use this information to analyze trends, to administer the Site, to understand users’ movements around the Site and to gather demographic information about our user base as a whole.
We also use “cookies” to recognize specific visitors and more quickly provide personalized content, or grant you unimpeded access to the Site. Cookies are small text files a Web site can use to recognize repeat users. With cookies enabled, you will often not need to fill in password or contact information. Information gathered through cookies also helps us measure use of our Site. Cookie data allow us to track usage behavior and compile data that we can use to improve the Site.
The Site is not intended for, and is not directed to, children under the age of thirteen. Q-Assessor does not knowingly collect personally identifiable information from children under the age of thirteen.
At the direction of Q-Assessor Site Users, we send study invitation emails on behalf of them to email addresses provided by them. The emails sent on a User’s behalf include the User’s email address in the “reply-to” header to recipients to contact the User directly. Each User’s list of such email addresses is stored on our system, but the email addresses in those lists are not used by Q-Assessor in any other way. Q-Assessor does not sell, lease, or otherwise market such emails to any other parties. If Q-Assessor detects that any User is abusing the system to send out spam, that User’s account will be summarily closed and all data destroyed.
Q-Assessor reserves the right to disclose your personally identifiable information as required by law and when we believe that disclosure is necessary to protect our rights and/or to comply with a judicial proceeding, court order, or legal process served on us.
Q-Assessor may transfer your personally identifiable information to a successor entity upon a merger, consolidation or other corporate reorganization in which Q-Assessor participates or to a purchaser of all or substantially all of Q-Assessor’s assets to which this Site relates.
If your personally identifiable information changes, or if you no longer desire Q-Assessor’s Service, you may request us to correct, update, or delete your personally identifiable information or deactivate your account by emailing us at email@example.com. We will endeavor to fulfill requests to delete personally identifiable information unless such information is required to be retained by law or for legitimate business purposes (such as storage in backup media created as part of our routine system backup procedures). We will respond to your request for access, amendment, or deletion within 30 days.
Q-Assessor may provide references, frames or hyperlinks to internet websites maintained by third parties. Q-Assessor does not warrant that it has reviewed such third party websites and makes no claims, representations or warranties regarding such third party websites or the contents of the same. Q-Assessor is not responsible for, nor does it endorse or recommend, any products or services provided by such third parties through such third party websites or by any other means.
User acknowledges and agrees that User, and not Q-Assessor, is responsible for determining which laws may apply to User’s use of the Site and the Services and assessing User’s obligations under such laws.
All notices and other communications required or permitted to be given by Q-Assessor to User under this Agreement will be deemed to be properly given on the date when posted on the Site.
User may give notices to Q-Assessor under this Agreement by email to firstname.lastname@example.org.
This Agreement comprises the entire agreement between Q-Assessor and the User relating to the Site and the Services.
This Agreement shall be governed by the laws of the State of California, without reference to its conflicts of law rules, and the parties hereby submit to the exclusive jurisdiction and venue of the courts of that State.
User may not assign this Agreement without Q-Assessor’s prior written consent, which may be withheld in Q-Assessor’s sole discretion. Q-Assessor may assign this Agreement at any time without notice to User.
In any dispute arising out of this Agreement, the substantially prevailing party shall be entitled to payment of its reasonable attorneys’ fees and costs.
The failure by Q-Assessor to enforce any right or provision of this Agreement shall not constitute a waiver of that provision or of any other provision of this Agreement.
If any provision of this Agreement shall be determined to be invalid or unenforceable by a court, such provision shall be deemed severable and the remainder of this Agreement shall remain in full force and effect.
Created: September 27, 2010 13:50
Last updated: February 15, 2012 07:13