If you choose to subscribe to our services, we accept automatic recurring payments via Credit Card or manual payments via Check, Money Order and Western Union. You agree to pay all agreed upon subscription fees, including any fees for authorized overage responses and additional services. We reserve the right to change the fees charged for any part of this service by giving you advanced notice via the email address registered to the account and by posting the new fees to our web site. If payment is not received, your access to the Service will be suspended. All Service fees are payable in US dollars.
When you sign up to pay using automatic payments on a credit card, we will automatically charge all agreed upon fees on a recurring basis until the subscription is canceled. You may cancel the subscription at any time by logging into the Service and clicking the "CANCEL SUBSCRIPTION" link that appears on your subscription page. Your access to the service will continue until the expiration date of the time period you have paid for. Once you have canceled a subscription, no further automatic overage survey responses will be allowed.
When you agree to pay using manual payments, it is your responsibility to ensure that we receive payment prior to the expiration of each paid-for period of service. We will attempt to send you a payment reminder invoice in advance of the due date, but failure to receive your funds prior to the expiration of your currently paid period of service may result in the suspension of your access to the Service.
When you register for an account with our Service, you will provide an email address and password that can be used to access your account. You are responsible for maintaining the confidentiality of the password and are fully responsible for all activities that occur under your account. chumpsoft, inc. will not be liable for any loss or damage arising from your failure to comply with these provisions.
It is your responsibility to maintain a current, active email address associated with your account. Failure to do so may cause the account to become inaccessible.
Some types of service plans allow you to designate subuser accounts and set permissions for these subusers that govern what they are allowed to do within your service plan. Please be advised that you are responsible for subusers' behavior in your account and that there is currently no way to tell which subuser has performed a given action within your account if more than one subuser is capable of doing so.
You will not use the Service for the collection of any highly-secure information, such as credit card numbers or passwords, and you agree to take appropriate steps to avoid this. You acknowledge and understand that any data collected through the Service will be passed along unencrypted. chumpsoft, inc. will not be responsible for your use of the Service to collect any highly-secure data and doing so will be grounds for account termination.
Please be aware that when you make a change within your account, that change is permanent and cannot be automatically undone or restored to a previous version. Therefore, if you choose to modify or delete a survey, question, answer, response, data set, language file, template or any other item within your account, those changes are permanent. Likewise, if you have granted these permissions to your subusers, those changes will be carried out as if you had performed them yourself.
You agree not to use the Service in connection with the sending or forwarding of any unsolicited email messages to anyone, whether for commercial purposes or not. You also agree not to send or forward any unsolicited email messages from any other source, account or service which in any way suggests the use or involvement of this Service.
When using the email invitation feature of our Service, or any other Service feature that sends messages, you warrant that you have an ongoing business or personal relationship with or have obtained consent to contact all persons on your list.
Your account will be terminated if we determine you have used the Service in connection with any spamming related activities, or if any messages sent through the Service result in high bounce or complaint rates or poor management of contact lists.
You will not use the Service to transmit or otherwise make available any content that is abusive, defamatory, harassing, harmful, hate-oriented, libelous, obscene, offensive, pornographic, racist, threatening, tortious, illegal or otherwise objectionable.
You will not use the Service in any manner that is prohibited by any law or regulation of any governing jurisdiction, or to facilitate the violation of any such law or regulation.
You agree not to impersonate any person or entity or falsely claim an affiliation with any person or entity.
We reserve the right to withhold the Service from any User and to block a User's IP address at any time in our sole discretion.
We may modify or discontinue the Service or any part of the Service at any time with or without notice to you. We will not be liable to you or any other person as a result of any changes we make to the Service or for our temporary or permanent discontinuance of the Service. You are advised to download or maintain your own copy of all survey, response and other data used with or obtained from the Service.
CHUMPSOFT, INC. DOES NOT WARRANT THAT THE SERVICE WILL BE ERROR-FREE OR UNINTERRUPTED. THE SERVICE IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. YOU AGREE TO INDEMNIFY AND HOLD CHUMPSOFT, INC. HARMLESS FROM ANY AND ALL CLAIMS RESULTING FROM YOUR USE OF THE SERVICE, AND YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. CHUMPSOFT, INC. IS NOT RESPONSIBLE FOR THE CONTENT, RELIABILITY, OR CONSEQUENCES OF ANY SURVEYS CONDUCTED THROUGH THE SERVICE, NOR FOR THE CONTENT, RELIABILITY OR CONSEQUENCES OF ANY RESPONSES PROVIDED TO ANY SUCH SURVEYS.
UNDER NO CIRCUMSTANCES WILL CHUMPSOFT, INC. BE RESPONSIBLE FOR ANY LOSS OR DAMAGES, INCLUDING ANY GENERAL, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF YOUR USE OF OR INABILITY TO USE THE SERVICE (INCLUDING BUT NOT LIMITED TO LOSS OF DATA OR DATA BEING RENDERED INACCURATE, LOSSES SUSTAINED BY YOU OR ANY THIRD PARTIES) EVEN IF CHUMPSOFT, INC. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSSES OR DAMAGES.
This document shall be construed in accordance with the laws of the State of Colorado. You agree that jurisdiction and venue over any disputes arising in connection with your use of the Service shall be exclusively within the courts of Denver County, Colorado. You agree that the prevailing party is entitled to recover reasonable attorney's fees in connection with the successful enforcement of these Terms of Service. chumpsoft, inc. may modify these Terms of Service upon reasonable notice to you via posting on our web site or email to you, and your continued use of the Service shall constitute your acceptance of such modifications. Any failure on our part to enforce your compliance with these provisions shall not constitute a waiver of any future noncompliance. If any of the provisions of these Terms of Service are found to be unenforceable, the remaining provisions will remain in full force and effect.
June 2, 2008