BY CHECKING THE "I ACCEPT THE TERMS OF SERVICE" CHECKBOX OR BY UTILIZING THE NOVI SURVEY ON DEMAND SERVICE YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS.
This Agreement is a legal agreement between the User and Novi Survey represneted by its owners and parents for the Application Services you subscribe to. These Software Application Services include computer software, data storage mechanisms, databases and related designs, printed materials, and online or electronic documentation (Software Application Services, Application Services, or Software). By using the Software Application Services, you agree to be bound by the terms of this Agreement. If you do not agree to the terms of this Agreement, you are not authorized to use the Software Application Services.
Violation of any of the items in this Section relieves Novi Survey of any of its contractual or other legal obligations to User, including Novi Survey obligations under its Privacy Policy. Novi Survey reserves the right to refuse any or all service to any User for any reason, at any time, at Novi Survey sole discretion. User agrees that Novi Survey may block its IP address or addresses at any time, and at Novi Survey sole discretion, thereby disallowing User's continued use of Novi Survey web sites.
You will receive a password and account designation upon completing of the Service registration process and the payment
of all fees. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible
for all activities that occur under your password or account. You agree to (a) immediately notify Novi Survey of any unauthorized
use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end
of each session. Novi Survey cannot and will not be liable for any loss or damage arising from your failure to comply with
this Section.
Accounts with no current paid subscription and have not been accessed for more than 6 months may be deleted at Novi Survey' discretion.
The service is being made available to you in strict confidence. You agree to maintain the confidentiality of the service and Documentation and any and all trade secrets or other proprietary or confidential information contained in the service and Documentation (collectively, the "Confidential Information") to the degree exercised by you with respect to your own proprietary and confidential materials or to a reasonable degree, whichever is greater. You further agree not to disclose any Confidential Information to any third parties without our written consent and to inform any of your agents and employees who will be using or evaluating the Service of their obligations to maintain the confidentiality of the Confidential Information.
You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. This means that you, and not Novi Survey, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via the Service. Novi Survey does not control the Content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Service, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will Novi Survey be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Service.
User agrees not to attempt to damage, deny service to, hack, crack, reverse-engineer, or otherwise interfere (collectively, "Interfere") with Novi Survey web sites in any manner. If User in any way Interferes with Novi Survey web sites, User agrees to pay all damages incurred by Novi Survey, including any consequential damages, and agrees that the measure of hard to determine damages will be the highest estimate of damages as provided by Novi Survey. User's Interference with Novi Survey web sites relieves Novi Survey of any of its contractual or other legal obligations to User, including Novi Systems obligations under its Privacy Policy. Novi Survey will cooperate with the authorities in prosecuting any User who Interferes with Novi Survey web sites, attempts to defraud Novi Survey, or attempts to defraud credit card companies or any other parties through User's use of Novi Survey web sites or services.
You shall use the Service only in compliance with this Terms of Use, the FTC's CAN-SPAM Law, and all other applicable U.S., state, local, and international laws (including, but not limited to, policies and laws related to spamming, copyright and trademark infringement, defamation, privacy, obscenity, and child protective email address registry laws).
Although Novi Survey has no obligation to review the content provided by you or your use of the Service, Novi Survey may do so and may block any email messages and or terminate any use of the Service that Novi Survey believes may be (or is alleged to be) in violation of the foregoing.
You also agree not to upload links to message boards or newsgroups without express permission.
Email messages sent in connection with the Service must contain an "opt-out" link that allows subscribers to remove themselves from your email messages. You acknowledge and agree that you will not hide, disable, or remove or attempt to hide, disable, or remove the opt-out link from the email invitation.
You are responsible for ensuring that during use of the Service your email messages do not generate spam complaints, if they do, Novi Survey, at its sole discretion, has the right to terminate your use of its Service.
We prohibit the use of third-party, purchased, rented, or harvested mailing lists. Novi Survey will terminate accounts violating this policy.
You cannot mail to newsgroups, message boards, or distribution lists.
You agree that you shall not utilize the Service to send any commercial electronic mail messages to any recipient who has opted out, unsubscribed, or otherwise objected to receiving such messages from you.
You agree not to use deceptive subject lines. The subject line cannot mislead the recipient about the contents or subject matter of the message.
Novi Survey reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. Novi Survey reserves the right to terminate or suspend your account at any time in its sole discretion for any reason, or for no reason. You agree that Novi Survey shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
You agree that Novi Survey has no responsibility or liability for the deletion or failure to store any survey data or other Content maintained or transmitted by the Service. You acknowledge that Novi Survey reserves the right to delete accounts that expired with or without notice. You further acknowledge that Novi Survey reserves the right to change these general practices and limits at any time, at its sole discretion, with or without notice.
The Software Application Services are protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The Software Application Services are licensed, not sold.
All title and copyrights in and to the Software are owned by Novi Survey. All title and intellectual property rights in and to the content which may be accessed through use of the Software Application Services is the property of the respective content owner and also may be protected by applicable copyright or other intellectual property laws and treaties.
Novi Survey makes no claims or representations about any Web Site not under Novi Survey control that a User may access from Novi Survey web sites-- by link, frame, or any other means ("Linked Site"). Any link, frame, or any other means to access any Linked Site provided by Novi Survey or otherwise on Novi Survey web sites does not constitute Novi Survey endorsement, recommendation, or acceptance of any responsibility for the content of that Linked Site or the operators of that Linked Site.
Unless you notify us otherwise, you agree to be identified as a customer of Novi Survey and that we may refer to you by name, trade name, or trademark, if applicable, in our marketing materials or on Novi Survey web sites.
You hereby agree to indemnify Novi Survey and its officers, directors, employees, agents, and representatives from each and every demand, claim, loss, liability, or damage of any kind, including actual attorneys fees, whether in tort or contract, that it or any of them may incur by reason of, or arising out of, any claim which is made by any third party with respect to any breach or violation of this agreement by you or any claims based on the Applications and or the Services included herein.
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE NOVI SURVEY SITES/SERVICES MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY MADE TO THE NOVI SURVEY SITES/SERVICES AND TO THE INFORMATION THEREIN. NOVI SURVEY AND/OR ITS RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN NOVI SURVEY SITES/SERVICES AT ANY TIME.
NOVI SURVEY MAKES NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, LACK OF VIRUSES, OR OTHER HARMFUL COMPONENTS AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED WITHIN THE NOVI SURVEY SITES/SERVICES FOR ANY PURPOSE. ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. NOVI SURVEY AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, TITLE AND NON-INFRINGEMENT.
YOU SPECIFICALLY AGREE THAT NOVI SURVEY SHALL NOT BE RESPONSIBLE FOR UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, ANY MATERIAL OR DATA SENT OR RECEIVED OR NOT SENT OR RECEIVED, OR ANY TRANSACTIONS ENTERED INTO THROUGH NOVI SURVEY SITES/SERVICE. YOU SPECIFICALLY AGREE THAT NOVI SURVEY IS NOT RESPONSIBLE OR LIABLE FOR ANY THREATENING, DEFAMATORY, OBSCENE, OFFENSIVE OR ILLEGAL CONTENT OR CONDUCT OF ANY OTHER PARTY OR ANY INFRINGEMENT OF ANOTHER'S RIGHTS, INCLUDING INTELLECTUAL PROPERTY RIGHTS. YOU SPECIFICALLY AGREE THAT NOVI SURVEY IS NOT RESPONSIBLE FOR ANY CONTENT SENT USING AND/OR INCLUDED IN A NOVI SURVEY SITES/SERVICE BY ANY THIRD PARTY.
IN NO EVENT SHALL NOVI SURVEY AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE NOVI SURVEY SITES/SERVICES, WITH THE DELAY OR INABILITY TO USE THE NOVI SURVEY SITES/SERVICES OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE NOVI SURVEY SITES/SERVICES, OR OTHERWISE ARISING OUT OF THE USE OF THE NOVI SURVEY SITES/SERVICES, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF NOVI SURVEY OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE NOVI SURVEY SITES/SERVICES, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE NOVI SURVEY SITES/SERVICES.
If for any reason a court of competent jurisdiction finds any provision or portion of the Terms of Use to be unenforceable, the remainder of the Terms of Use will continue in full force and effect.
These Terms of Use constitute the entire agreement between the parties with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. Any waiver of any provision of the Terms of Use will be effective only if in writing and signed by Novi Survey.