Please read this Agreement carefully before accessing or using the Website. By accessing or using any part of the web site, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Website or use any services. If these terms and conditions are considered an offer by Dobility, acceptance is expressly limited to these terms. The Website is available only to individuals who are at least 13 years old.
- Your SurveyCTO.com Site. If you subscribe to or otherwise use SurveyCTO.com services, you will be given access to a SurveyCTO site at sitename.surveycto.com, where sitename is the name of your site. You will be given a user account with which to login to your site, and you may be allowed to create other user accounts to share with others, with which they can access your site. You are responsible for maintaining the security of your account and any others that you create.
- Payment and Renewal. Paid services may be made available on the Website ("Paid Services"). By selecting Paid Services you agree to pay Dobility the monthly or annual subscription fees indicated for those services. Payments will be charged on a pre-pay basis on the day you sign up for any Paid Services and will cover the use of those services for a monthly or annual subscription period as indicated. Paid Services fees are not refundable. Automatic Renewal: Unless you notify Dobility before the end of the applicable subscription period that you want to cancel Paid Services, your Paid Services subscription will automatically renew and you authorize us to collect the then-applicable annual or monthly subscription fee for such Paid Services (as well as any taxes) using any credit card or other payment mechanism we have on record for you.
- Maintenance Window. Scheduled server maintenance will take place on Sundays from 12-2AM GMT. During this period, services may not be available. More urgent, unscheduled maintenance may be required at other times.
- Intellectual Property. This Agreement does not transfer from Dobility to you any Dobility or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with Dobility. Dobility, SurveyCTO, SurveyCTO.com, the SurveyCTO.com logo, and all other trademarks, service marks, graphics and logos used in connection with SurveyCTO.com or the Website are trademarks or registered trademarks of Dobility or Dobility’s licensors. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any Dobility or third-party trademarks.
- Data Security. Users of SurveyCTO are solely responsibly for maintaining the security of all data collected using SurveyCTO. For personally-identifiable, private, or sensitive data, SurveyCTO offers users the opportunity to encrypt data with users' own encryption keys, at the point of data collection. Users should make use of this facility to encrypt all such data and should carefully guard the private encryption keys so that no unauthorized users (including Dobility staff or contractors) have any access to unencrypted data of a personally-identifiable, private, or sensitive nature. Users are encouraged to discuss their data-security plans with any relevant Institutional Review Boards and to carefully monitor their own compliance with agreed policies and procedures for protecting data security.
- Public Use. When promoting its product, Dobility reserves the right to advertise the fact that any paying customer is or has been, in fact, a user of the product. If any user or organization would prefer Dobility to not advertise their use, they should express this preference in writing to Dobility. Once Dobility has been so notified, it will refrain from advertising the user or organization's use of the product in any future campaigns.
- Changes. Dobility reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes. Dobility may also, in the future, offer new
services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.
- Termination. Dobility may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your SurveyCTO.com account (if you have one), you may simply discontinue using the Website. All provisions of this Agreement which by their nature should survive
termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
- Disclaimer of Warranties. The Website is provided “as is”. Dobility and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Dobility nor its suppliers and licensors, makes any warranty that the Website will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Website at your own discretion and risk.
- Limitation of Liability. In no event will Dobility, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to Dobility under this agreement during the twelve (12) month period prior to the cause of action. Dobility shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
- Indemnification. You agree to indemnify and hold harmless Dobility, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Website, including but not limited to your violation of this Agreement.
- Miscellaneous. This Agreement constitutes the entire agreement between Dobility and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of Dobility, or by the posting by Dobility of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Website will be governed by the laws of the state of Delaware, U.S.A., excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in Wilmington, Delaware. Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this Agreement shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. (“JAMS”) by three arbitrators appointed in accordance with such Rules. The arbitration shall take place in Cambridge, Massachusetts, in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys’ fees. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; Dobility may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.