General Terms & Conditions
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Effective Date: January 1, 2010 Welcome to the Customer Satisfaction Monitor website. This Terms of Service ("TOS") contain the terms and conditions that govern your use of the Website and the Customer Satisfaction Monitor Service (as defined below). This TOS describes your rights and responsibilities and what you can expect from the Customer Satisfaction Monitor Service. Use of the Customer Satisfaction Monitor (the "Website) constitutes your acceptance of and agreement to this TOS. Customer Satisfaction Monitor reserves the right to add, delete and/or modify any of the terms and conditions contained in this TOS, at any time and in its sole discretion, by posting a change notice or a new agreement on the Website. In the event of substantive changes to this TOS, you may be notified by email. If any modification is unacceptable to you, then you should not use the Website and the Customer Satisfaction Monitor Service. Your continued use of the Website following posting of a change notice or new TOS on the Website will constitute binding acceptance of the changes. 1. The Customer Satisfaction Monitor Service. Customer Satisfaction Monitor provides a new service which enables consumers to buy with more confidence by being able to access real-time data in relation to the purchase experience of other members. Similarly, they can report their own purchase experience building an ongoing profile of any business or service. 2. Use of the Web Site and Customer Satisfaction Monitor Service. 2.1 Compliance with TOS and Applicable Law. You must comply with all of the terms and conditions of this TOS, the applicable agreements and policies referred to below, and all applicable laws, regulations and rules when you use the Customer Satisfaction Monitor Service and the Website. 2.2 Third-Party Services. Customer Satisfaction Monitor may use third parties to provide certain services accessible through the Website. Customer Satisfaction Monitor does not control those third parties or their services, and you agree that Customer Satisfaction Monitor will not be liable to you in any way for your use of such services. These third parties may have their own terms of use and other policies. You must comply with such terms and policies as well as this TOS when you use those services. If any such terms or policies conflict with Customer Satisfaction Monitor's TOS, agreements or policies, you must comply with Customer Satisfaction Monitor's TOS, agreements or policies, as applicable. 3. General Rules. 3.1 Prohibited Use. You may only use the Customer Satisfaction Monitor Service as expressly permitted by Customer Satisfaction Monitor. You may not cause harm to the Website or the Customer Satisfaction Monitor Service. Specifically, but not by way of limitation, you may not: (i) interfere with the Customer Satisfaction Monitor Service by using viruses or any other programs or technology designed to disrupt or damage any software or hardware; (ii) use a robot, spider or other device or process to monitor the activity on or copy pages from the Website, except in the operation or use of an internet "search engine", hit counters or similar technology; (iii) collect electronic mail addresses or other information from third parties by using the Customer Satisfaction Monitor Service; (iv) impersonate another person or entity; (v) engage in any activity that interferes with another user's ability to use or enjoy the Customer Satisfaction Monitor Service; or (vi) assist or encourage any third party in engaging in any activity prohibited by this TOS. 3.2 Privacy Policy. By entering into this TOS, you agree to Customer Satisfaction Monitor's collection, use and disclosure of your personal information in accordance with the Privacy Policy. 4. Reservation of Rights. 4.1 Modification of the Service. Customer Satisfaction Monitor reserves the right to modify the organization, structure or "look and feel" of the Customer Satisfaction Monitor Service or the Website, and may change, suspend, or discontinue any aspect of the Customer Satisfaction Monitor Service at any time without any liability to you or any third party. Customer Satisfaction Monitor shall have complete discretion over the features, functions, prices and other terms and conditions on which the Customer Satisfaction Monitor Service is offered to Customer Satisfaction Monitor users. 5. Submissions. When you complete surveys, submit questions, comments, suggestions, ideas, message board postings, material submitted via web forms, contest entries, communications or any other information ("Submissions"), you grant Customer Satisfaction Monitor permission to use such Submissions for marketing and other promotional purposes, including the right to sublicense. You agree that Customer Satisfaction Monitor will have no obligation to keep any Submissions confidential. You will not bring a claim against Customer Satisfaction Monitor based on "moral rights" or the likes arising from Customer Satisfaction Monitor's use of a Submission. 6. Representations and Warranties. 6.1 Mutual Representations and Warranties. You represent and warrant to Customer Satisfaction Monitor and Customer Satisfaction Monitor represents and warrants to you: (i) that you or it has the full power and authority to enter into and perform under this TOS, (ii) the execution and performance of your or its obligations under this TOS does not constitute a breach of or conflict with any other agreement or arrangement by which you or it is bound, and (iii) this TOS is a legal, valid and binding obligation of the party entering into this TOS, enforceable in accordance with its terms and conditions. 7. Disclaimers and Exclusions. DISCLAIMER OF WARRANTIES. CUSTOMER SATISFACTION MONITOR PROVIDES THE WEBSITE AND CUSTOMER SATISFACTION MONITOR SERVICE ON AN "AS IS" AND "AS AVAILABLE" BASIS. CUSTOMER SATISFACTION MONITOR DOES NOT REPRESENT OR WARRANT THAT THE WEBSITE, CUSTOMER SATISFACTION MONITOR SERVICE OR ITS USE: (i) WILL BE UNINTERRUPTED, (ii) WILL BE FREE OF INACCURACIES OR ERRORS, (iii) WILL MEET YOUR REQUIREMENTS, OR (iv) WILL OPERATE IN THE CONFIGURATION OR WITH THE HARDWARE OR SOFTWARE YOU USE. CUSTOMER SATISFACTION MONITOR MAKES NO WARRANTIES OTHER THAN THOSE MADE EXPRESSLY IN THESE TOS, AND HEREBY DISCLAIMS ANY AND ALL IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION, WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY AND NON-INFRINGEMENT. 8. Limitation of Liability. LIMITATION OF LIABILITY. CUSTOMER SATISFACTION MONITOR WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, PUNITIVE OR SPECIAL DAMAGES (INCLUDING DAMAGES RELATING TO LOST PROFITS, LOST DATA OR LOSS OF GOODWILL) ARISING OUT OF, RELATING TO OR CONNECTED WITH THE USE OF THE CUSTOMER SATISFACTION MONITOR SERVICE OR THIS TOS, BASED ON ANY CAUSE OF ACTION, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. EXCEPT FOR A BREACH OF A PARTY'S REPRESENTATIONS AND WARRANTIES UNDER THIS TOS OR IN CONNECTION WITH YOUR INDEMNITY OBLIGATIONS UNDER THIS TOS, IN NO EVENT WILL THE LIABILITY OF EITHER PARTY IN CONNECTION WITH THIS TOS EXCEED THE GREATER OF (i) THE AMOUNT PAID BY CUSTOMER SATISFACTION MONITOR TO YOU DURING THE SIX MONTHS IMMEDIATELY PRECEDING THE EVENT THAT GIVES RISE TO SUCH LIABILITY OR (ii) $100. 9. Indemnification. You must indemnify and hold Customer Satisfaction Monitor and its employees, representatives, agents, affiliates, directors, officers, managers and shareholders (the "Parties") harmless from any damage, loss, or expense (including without limitation, attorneys' fees and costs) incurred in connection with any third-party claim, demand or action ("Claim") brought against any of the Parties alleging that you have breached any provision of this TOS through any act or omission. If you have to indemnify Customer Satisfaction Monitor under this Section, Customer Satisfaction Monitor will have the right to control the defense, settlement, and resolution of any Claim at your sole expense. You may not settle or otherwise resolve any Claim without Customer Satisfaction Monitor's express written permission. 10. Termination. 10.1 Termination. In its sole discretion, with or without notice to you, Customer Satisfaction Monitor may: (i) suspend, limit your access to or terminate your use of the Website and/or the Customer Satisfaction Monitor Service, (ii) suspend, limit your access to or terminate your account, (iii) remove any of your Content from Customer Satisfaction Monitor's servers and directories and (iv) prohibit you from using the Customer Satisfaction Monitor Service and/or the Website. 10.2 Survival. Notwithstanding Section 10.1 above, this TOS will survive indefinitely unless and until Customer Satisfaction Monitor chooses to terminate this TOS. 10.3 Effect of Termination. If you or Customer Satisfaction Monitor terminates your use of the Website or the Customer Satisfaction Monitor Service, Customer Satisfaction Monitor may delete any Content or other materials relating to your use of the Customer Satisfaction Monitor Service on Customer Satisfaction Monitor's servers or otherwise in its possession and Customer Satisfaction Monitor will have no liability to you or any third party for doing so. 11. Dispute Resolution. Any claim or cause of action you may have arising from, connected with, or relating to your use of the Web Site, this Agreement, or any related matters must be commenced within six (6) months after the claim or cause of action arises, after which time the claim or cause of action is forever barred, regardless of any statute or law to the contrary. |

