Effective Date: August 18, 2014
Welcome to ClickInsights.io. The ClickInsights.io website and its associated services (“ClickInsights”) and content (collectively “Service”) is a service that is owned and operated by Invision Management Group, LLC. ClickInsights has adopted this Terms of Service Agreement (“Agreement”) to inform You of Your rights and duties when using the Service. If You do not agree with the terms and conditions contained within this Agreement, You are expressly prohibited from using the Service and must discontinue Your use immediately.
CLICKINSIGHTS MAY, AND RESERVES THE RIGHT TO, FROM TIME TO TIME, MODIFY, LIMIT, CHANGE, DISCONTINUE, OR REPLACE THE SERVICE. IT IS YOUR RESPONSIBILITY TO REVIEW THIS AGREEMENT ON A REGULAR BASIS TO KEEP YOURSELF INSURVEYED OF ANY MODIFICATIONS. IN THE EVENT CLICKINSIGHTS MODIFIES, LIMITS, CHANGES, OR REPLACES THE SERVICE, YOUR USE OF THE SERVICE AFTER SAID MODIFICATION, LIMITATION, CHANGE, OR REPLACEMENT CONSTITUTES YOUR MANIFESTATION OF ASSENT TO THE MODIFICATION, LIMITATION, CHANGE, OR REPLACEMENT.
1. Survey Creation and Information Collection Service Provider
You warrant, understand, and agree that ClickInsights is providing this Service for use by those who wish to utilize software as a service (SAAS) to create a consumer survey (the “Survey”) and email it consumers to complete the Survey (a “Consumer”) in order for You to gain insight based upon the Survey results. You, upon registration of a Member Account, are provided access to the SAAS in order to create a customized Survey to be inserted, via an HTML tag, into Your email to be completed by those to whom You send the Survey. You are responsible for creating the Survey name, Survey question, and up to 4 possible responses to the Survey question. You receive email notifications upon completion of a Survey by a Consumer, including the Consumer’s name and email address along with the Survey results, which includes the responses to any Survey question along with information provided by the Consumer in an open text box. You can view Survey results via the Service.
2. Warranties and Representations
You warrant and agree that You have the right and legal capacity to enter into this Agreement and to adhere to its terms and conditions. You warrant that You are a human individual that is eighteen (18) years of age or older. You warrant that You will not access the Service through automated or non-human means, whether through a bot, script, or otherwise. You warrant that You are not prohibited from assenting to this Agreement by any preexisting agreement.
You further warrant, understand, and agree that ClickInsights is not the author, creator, or provider of the Survey, including, without limitation, the Survey name, questions or responses, and is not responsible for the content in such Survey. You, as a Member, understand and agree that You are solely responsible for the content of the Survey and Consumer is solely responsible for any information collected. You further understand and agree that You are solely responsible for sending the Survey via email or requesting completion of the Survey via manual request. You and You alone represent that You have permission to use any prospective Consumer’s email address and information for purposes of requesting completion of the Survey. It is Your responsibility to ensure you have permission from your Consumer for any and all uses of the Consumer’s Survey results. You and You alone are, and ClickInsights is not, responsible for any correspondence sent to or other interaction with a Consumer.
You agree to use ClickInsights for only lawful purposes and in compliance with this Agreement. ClickInsights does not warrant or guarantee that compliance with this Agreement will be sufficient to comply with Your obligations hereunder, under applicable law or with third party rights. Given the global nature of the Internet, You agree to comply with all laws and rules where You reside or where You use ClickInsights regarding online activities, email, and conduct. ClickInsights is operated in the United States and ClickInsights makes no representation that its Service is appropriate, lawful, or available for use in other locations. ClickInsights is not offered where prohibited by law.
ClickInsights is a service provider and makes no representations as to the safety, effectiveness, adequacy, accuracy, or legality of the information contained within any Survey or other service displayed on or offered through use of its Service. You further understand and agree that ClickInsights is not responsible for and does not warrant that its Service will be compatible with your computer or technology or otherwise free from error or failure. You understand and agree that the content of this website does not contain or constitute representations to be reasonably relied upon, and You agree to hold ClickInsights harmless for any errors, omissions, or misrepresentations contained within the website's content as well as the services provided by any email service provider You use. ClickInsights will not be in violation of the Agreement if the failure to perform the obligation is due to an event beyond our control, such as significant failure of a part of the power grid, significant failure of the Internet, natural disaster, war, riot, insurrection, epidemic, strikes or other organized labor action, terrorism, or other events of a magnitude or type for which precautions are not generally taken in the industry, or otherwise as a result of the action or inaction of a third party.
3. Acceptable Uses
You agree that You will not use the Service to violate any law, statute, ordinance, regulation, or treaty, to violate the rights of third parties, or for a use outside of the customary and intended purposes of the Service.
Specifically, You are prohibited from, without limitation:
Discriminating against a Consumer in Your creation of or use of the Service;
Spamming, including using to send to anyone from whom you do not have a preexising business relationship or express permission, or for mass email, or generating a number of emails in excess of industry norms for which you do not have permission from the intended recipient. No spam of any kind is allowed, including, without limitation, mass emailings, unsolicited commercial email messages, email scraping software, emails sent with intent to solicit sales, and spam sent from networks outside of ClickInsights containing links to ClickInsights. Any software that can be used as a spam tool may be deemed a spam resource at ClickInsights’s sole discretion. ClickInsights reserves the right, but does not assume any duty or obligation to monitor or otherwise, to determine if particular email being sent or received is spam. If You are concerned about Your emails being deemed spam in violation of the CAN-SPAM Act or similar law, You should consult an attorney and ensure compliance with the law, which You can review by visiting CAN-SPAM Act: A Compliance Guide. In addition, in the event You send email messages to Canadian email accounts, You are the sole person sending or causing or permitting the message to be sent, within the meaning of Canada's Anti-Spam Legislation, S.C. 2010, c. 23;
Phishing. No email "pretending" to be or impersonating another for whatever reason, including but not limited to, attempting to obtain or gain access to personal information or personally identifiable information, such as credit card numbers, SSNs (social security numbers), national insurance numbers, passwords, security credentials, or sensitive personal or health information of any kind;
Sending email to distribution lists, newsgroups, publicly available press or media addresses or purchased email addresses;
Harassing a third party through Your use of the Service;
Posting or transmitting content that threatens or encourages bodily harm or the destruction of property;
Posting or transmitting content that infringes upon the intellectual property rights or other personal or proprietary rights of other users of the Service or third parties;
Posting or transmitting content that is offensive, derogatory, obscene, or otherwise objectionable;
Posting or transmitting content that is defamatory;
Posting or transmitting content that constitutes fraud, an unwanted commercial solicitation, a pyramid scheme, unlawful lottery or gambling, or a chain letter;
Posting or transmitting content that markets material or exploits children under the age of 18 years of age;
Posting or transmitting content that advocates, promotes, or encourages violence against any governments, organizations, groups, entities, individuals;
Posting or transmitting content that provides information, instruction, advice, or assistance in causing or carrying out any violence or unlawful activity;
Posting or transmitting viruses, worms, Trojan horses, spyware, or other harmful code or material;
Posting or transmitting content that pertains to pornography, illegal drugs or contraband, illegal goods/pirated software/infringing material, or weaponry;
Posting or transmitting content that violates any term or condition of this Agreement;
Imposing a disproportionate load on the Service or its server infrastructure or otherwise attempting to interfere with the operation of the Service;
Circumventing ClickInsights’s technological or security protection mechanisms;
Using a robot, spider, scraper, or other automated technology to access the Service;
Posting or transmitting content, or using the Service in a manner, that violates any law, statute, regulation, or ordinance, or treaty, whether local, state, provincial, national, or international; or
Using ClickInsights if You are restricted from doing so by an United States governmental department or agency, including, without limitation, the U.S. Treasury Department or the U.S. Commerce Department.
Your violation of any term or condition of this section may result in the immediate termination of Your registration and Member Account and the disabling of Your access to the Service.
4. User Generated Email Content
ClickInsights provides You with the ability to submit your user generated content through the Service, including in the creation of the Survey, which may include, but is not limited to, information, text, photographs, images and designs, and attachments, in whatever Survey (collectively “User Generated Content”). You agree that You are the owner of, or have rights to, any and all User Generated Content submitted through use of the Service. You agree that any and all User Generated Content submitted through ClickInsights is at Your sole risk and not that of ClickInsights. You further warrant that any User Generated Content that You submit through the Service will not violate or infringe upon the rights of third parties, including, but not limited to, trademark rights, copyright rights, patent rights, rights of publicity and privacy, and any other intellectual property right, personal right, or proprietary or violate any applicable law, statute, ordinance, treaty, or regulation, whether local, state, provincial, national, or international.
By submitting User Generated Content through the Service and/or Survey, You grant ClickInsights a non-exclusive, irrevocable, royalty free, worldwide, and perpetual license to use Your information for the customary and intended purposes of the Service. These purposes may include, but are not limited to, providing You or third parties with the Service or its associated services and archiving or making backups of the Service.
5. Section 230 of Communications Decency Act
You acknowledge and agree that ClickInsights is an interactive computer service provider under Section 230 of the Communications Decency Act. ClickInsights may edit, remove, or control the content displayed on its website or as part of its Service. However, ClickInsights shall not edit or control any User Generated Content, and You agree that ClickInsights will not be considered an information content provider and will not be held liable for the republication of defamatory or tortious (including spam) content created by third parties, whether through the Service or otherwise.
For the purposes of European Directive 95/46/EC and any and all applicable national implementing laws in Your jurisdiction, if so applicable, You understand, acknowledge and agree that You are the data controller, and ClickInsights is merely a data processor. You also acknowledge and agree that You are responsible for complying with all obligations of an information content provider and/or data controller under applicable law.
6. Registered Membership Account and Subscription to the Service
Following any free trial, You are required to provide a credit card in order to purchase ClickInsights’ Service and subscribe to the particular Service offering (e.g. Pro, Enterprise, etc.). You, as a Member, agree to pay any and all fees to use the Service selected by You, including recurring monthly fees. You hereby authorize ClickInsight to charge Your credit card upon subscription to the Service selected by You as well as each month until You cancel Your subscription to the Service. ClickInsight may cancel your subscription to any Service in the event your credit card is invalid or you otherwise violate the terms of this Agreement.
You agree to pay all applicable taxes or charges imposed by any governmental entity anywhere in the world in connection with your use of the Service. All costs and fees are quoted and payable in United States Dollars. All payments are to be made via the ClickInsights’ web site with a valid credit card processed, without any institution of a charge-back by You. Failure to pay to dispute a charge may result in termination of Your Member Account.
You may only use Your Member Account and You are expressly prohibited from providing additional parties with access Your Member Account, including in an effort to avoid subscription to a Service that applies to you based upon service offerings and stated limitations (e.g. Enterprise for an organization rather than Pro for individual uses). You agree that, in registering a Member Account, You will provide ClickInsights with accurate, complete, relevant, and current information, and maintain the same. You are solely responsible for maintaining the security and confidentiality of Your username and password and for any access to Your Member Account, whether authorized or unauthorized. In the event Your Member Account is accessed without Your authorization, You agree to immediately provide notice to ClickInsights. By creating a Member Account, You agree that ClickInsights may contact You by any available means, including, but not limited to, by email.
7. Ownership of Service and Website Content
You understand and agree that ClickInsights is the owner, or licensee, of all rights in and to the Service and the ClickInsights.com website and its associated content, including but not limited to all intellectual property and any other property or proprietary rights. The Service and website are protected by all applicable laws, intellectual property or otherwise, and You are expressly prohibited from using the Service or website for any purposes not explicitly stated in this Agreement. Specifically, and except where otherwise allowed under this Agreement, You are prohibited from framing, scraping, aggregating, hacking, reverse engineering, crawling, reproducing, preparing derivative works of, distributing, perform publicly, or displaying publicly the Service or the website, whether in whole or in part, without the prior written consent of ClickInsights. The foregoing prohibition on crawling and aggregation will not apply to search engines or non-commercial and publicly available archives that appropriately comply with the robots.txt file.
CLICKINSIGHTS is a trademark of Invision Management Group, LLC in the United States and other countries, and You may not use any of ClickInsights’ trademarks, or other intellectual property, without its prior, written permission.
ClickInsights hereby grants You a limited, non-exclusive, non-sublicensable, royalty free, non-assignable, and revocable license to use the Service and website for its customary and intended purposes. No right to the software or underlying technology is granted to You. Use of the Service or website for a use outside of its customary and intended purposes, including for commercial purposes, or in violation of the terms of this Agreement may result in the termination of this license. This license is revocable at any time, and any rights not expressly granted herein are reserved to ClickInsights.
8. Third Party Links
You understand that the Service and/or website may contain links to third party websites, applications, or services that ClickInsights does not own or control. You agree that ClickInsights will not be held responsible or liable for the content of third party websites, applications, or services and that ClickInsights’ inclusion of those websites, applications, or services within its Service and/or website does not constitute ClickInsights’s endorsement of, recommendation of, or affiliation with any of those websites, applications, or services.
ClickInsights may terminate Your access to or use of the Service and/or website, and disable any ClickInsights service, for any reason or no reason whatsoever, including, without limitation, if we determine that Your level of spam or other complaints are higher than industry norms, as determined by us in our sole discretion, and any such determination shall be final, binding and conclusive for all purposes under this Agreement.
You may terminate Your Member Account at anytime by contacting ClickInsights.
11. Copyright Policy
The ClickInsights Service and website are © 2014 Invision Management Group, LLC.
ClickInsights respects the intellectual property rights of others and is committed to helping third parties protect their rights. Users are prohibited from posting content or transmitting content that violates another party's intellectual property rights. Unless otherwise stated, this Service and website are the property of ClickInsights and are protected by copyright and other intellectual property laws.
By using this Service and/or accessing this website, You agree that You will not use any devices, software or automated programs such as spiders, crawlers or robots to systematically index, aggregate, download, harvest or re-publish any of its content or information.
If You believe that a user of ClickInsights’ Service and/or website has infringed upon Your copyright rights, please provide ClickInsights with a notice of copyright infringement in compliance with § 512 of the Digitml Millennium Copyright Act. Once ClickInsights receives a notice of copyright infringement in compliance with § 512, we will act with commercial reasonableness to remove or disable access to the allegedly infringing content. ClickInsights will also make a good faith attempt to notify the owner or uploader or transmittor of the allegedly infringing content. The owner or uploader or transmittor may respond to ClickInsights with a counter-notification if they believe the content subject to a notice of copyright infringement was not infringing any intellectual property rights.
The notice of copyright infringement must be in compliance with § 512 of the Digital Millennium Copyright Act and must also contain the following:
The physical or electronic signature of a person authorized to act on behalf of the copyright owner;
Identification of the copyrighted work(s) alleged to have been infringed;
The location of the copyrighted work(s) in the Service or on the website;
Your contact information, such as an address, telephone, fax number, or email address;
A statement that You have a good faith belief that the use of the allegedly infringing content is not authorized by the copyright owner, its agent, or the law; and
A statement, under penalty of perjury, that the information in the notification is accurate and that you are authorized to act on behalf of the copyright owner.
Conversely, if You are a user that believes that content subject to a notice of copyright infringement is not actually infringing, you may submit a counter-notification. The counter-notification must contain the following:
Identification of the specific materials that have been removed from the Website;
Your contact information, such as an address, telephone, fax number, or email address;
A statement, under penalty of perjury, that You have a good faith belief that the content was removed as a result of mistake or misidentification;
A statement that You consent to the jurisdiction of the federal district court in which Your address is located or, if You are outside of the US, that you consent to the jurisdiction of the federal courts located in Las Vegas, Nevada;
A statement that You will accept service of process from the notifying party; and
Your physical or electronic signature.
Notifications of copyright infringement and counter-notifications may be submitted to the designated agent, Traverse Legal, PLC, 810 Cottageview Drive, Suite G-20, Traverse City, MI 49685 and by email at firstname.lastname@example.org.
12. Disclaimer of Warranties
CLICKINSIGHTS DISCLAIMS ANY RESPONSIBILITY FOR ANY HARM OR LIAIBLITY ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICE, SURVEY, OR ANY GOODS OR SERVICES LINKED TO THROUGH THE WEBSITE AND/OR SERVICE. CLICKINSIGHTS PROVIDES THE SERVICE ON AN AS-IS BASIS AND WITH NO WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ACCURACY, NON-INFRINGEMENT, OR QUALITY. SOME JURISDICTIONS DO NOT ALLOW AN EXCLUSION OF IMPLIED WARRANTIES. IF YOU ARE LOCATED IN SUCH A JURISDICTION, THIS EXCLUSION MAY NOT APPLY.
CLICKINSIGHTS WILL NOT BE HELD RESPONSIBLE OR LIABLE FOR ANY SURVEY CONTENT CREATED AND/OR USED AS A RESULT OF THE SERVICE, FOR YOUR USE OF ANY SURVEY RESULTS PROVIDED BY CONSUMERS OR FOR ANY THIRD PARTY LINKS POSTED ON THE WEBSITE. CLICKINSIGHTS DOES NOT ASSUME RESPONSIBILITY FOR ANY ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DESTRUCTION OF IDENTITY, UNAUTHORIZED ACCESS, OR ALTERATION OF OR TO THE WEBSITE. CLICKINSIGHTS RESERVES THE RIGHT TO DISCONTINUE THE SERVICE AT ANY TIME.
CLICKINSIGHTS DISCLAIMS ANY WARRANTY OR GUARANTEE OF ANONYMITY TO ITS USERS AND/OR CONSUMERS.
13. Limitation of Liability
YOU ACKNOWLEDGE AND AGREE THAT CLICKINSIGHTS WILL NOT BE LIABLE TO YOU UNDER ANY LEGAL THEORY FOR DAMAGES, CLAIMS, INJURIES, JUDGMENTS, OR LIABILITIES ARISING OUT OF OR RELATED TO YOUR USE OR MISUSE OF THE SERVICE, INCLUDING THE SURVEY, OR OTHER SERVICES PROVIDED THROUGH THE WEBSITE, INCLUDING BUT NOT LIMITED TO PERSONAL INJURY, LOSS OF BUSINESS, LOSS OF INCOME, SPECIAL DAMAGES, INCIDENTAL DAMAGES, CONSEQUENTIAL DAMAGES, PUNITIVE DAMAGES, OR EXEMPLARY DAMAGES. YOU UNDERSTAND AND AGREE THAT YOU WILL BE LIMITED TO INJUNCTIVE RELIEF ONLY, AND NO MONETARY DAMAGES, UNLESS OTHERWISE PERMITTED BY LAW.
You understand and agree that ClickInsights is entering into this Agreement based upon reliance on the disclaimers of warranty and limitations on liability and they form the bargain between the ClickInsights and You.
You agree to hold harmless, indemnify, and defend ClickInsights, its officers, employees, agents, successors, and assigns, from any and all claims, demands, losses, damages, rights, and actions of any kind, including without limitation property damage, infringement, personal injury, and death, that either directly or indirectly arises out of or is related to Your use of the Service and/or website, Your violation of any term or condition of this Agreement, breach by You, Survey created by, sent by and/or used by You, Consumer information collected by and/or used by You or Your violation of any applicable law, statute, ordinance, regulation, or treaty, whether local, state, national, or international, or Your violation of the rights of a third party, including that of any Consumer. Your obligation to defend ClickInsights under the terms of this Agreement will not provide You with the right to control ClickInsights’s defense, and ClickInsights reserves the right to control its defense regardless of Your contractual requirement to defend ClickInsights. In the event that we are required to respond to a third party or law enforcement subpoena or court order that is related to Your use of ClickInsights, we may, in our sole discretion, require You to reimburse us for our reasonable expenses associated with complying with such subpoena or order, if at all.
You hereby understand and agree that You are prohibited from assigning Your rights and obligations under this Agreement. ClickInsights may assign its rights and obligations under this Agreement at any time, including but not limited to in a sale of or other transaction involving the Service and/or website.
16. Resolution of Disputes
This Agreement will be interpreted under and governed by the laws of the State of Nevada without giving effect to any conflicts of laws principles. You agree that any claim or dispute that You may have against ClickInsights will be exclusively resolved through arbitration.
YOU AND CLICKINSIGHTS AGREE THAT ARBITRATION WILL BE THE EXCLUSIVE FORUM AND REMEDY AT LAW FOR ANY DISPUTES ARISING OUT OF OR RELATING TO THIS AGREEMENT OR YOUR USE OF THE SERVICE AND/OR WEBSITE, INCLUDING ANY DISPUTES CONCERNING THE VALIDITY, INTERPRETATION, VIOLATION, BREACH, OR TERMINATION OF THIS AGREEMENT. ARBITRATION UNDER THIS AGREEMENT WILL BE HELD IN LAS VEGAS, NEVADA AND IN ACCORDANCE WITH THE MOST RECENTLY EFFECTIVE COMMERCIAL ARBITRATION RULES OF THE AMERICAN ARBITRATION ASSOCIATION. THE ARBITRATION PROCEEDING WILL BE DECIDED BY A SINGLE ARBITRATOR AND THE ARBITRATOR WILL DECIDE THE ARBITRATION PROCEEDING BY APPLYING THE LAWS AND LEGAL PRINCIPLES OF THE STATE OF NEVADA AND THE FEDERAL LAWS OF THE UNITED STATES. THE LOSING PARTY WILL BE REQUIRED TO PAY THE PREVAILING PARTY’S REASONABLE ATTORNEYS’ FEES. YOU AND CLICKINSIGHTS AGREE THAT BOTH PARTIES WILL BE REQUIRED TO BE PRESENT WITHIN THE STATE OF NEVADA IN ORDER TO PERSURVEY THEIR OBLIGATIONS UNDER THIS AGREEMENT. YOU AND CLICKINSIGHTS AGREE TO SUBMIT TO THE PERSONAL JURISDICTION OF ANY SUCH ARBITRATOR OR ARBITRATION PROCEEDING.
17. Miscellaneous Provisions
A finding that any term or provision of this Agreement is invalid or unenforceable will not affect the validity or enforceability of this Agreement. Any term or provision of this Agreement that is found to be invalid or unenforceable will be reformed to the extent necessary to make it valid and enforceable.
You understand and agree that no term or provision of this Agreement will be deemed to have been waived and no breach will be deemed to have been consented to unless said waiver or consejt is in writing and signed by the party to be charged.
The Service and/or website is not directed to persons under the age of eighteen (18) and ClickInsights will not knowingly collect personally identifiable information from children under the age of eighteen (18). If ClickInsights inadvertently collects personally identifiable information, ClickInsights will delete the pe~sonally identifiable information in accordance with its security protocols.
CLICKINSIGHTS AND YOU BOTH AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICE AND/OR WEBSITE MUST COMMENCE WITHIN TWELVE MONTHS AFTER THE CAUSE OF ACTION ACCRUES. FAILURE TO ASSERT SAID CAUSE OF ACTION WITHIN TWELVE MONTHS WILL PERMANENTLY BAR ANY AND ALL RELIEF.
YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AGAINST CLICKINSIGHTS ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING AND YOU WILL ONLY BE PERMITTED TO SEEK RELIEF (INCLUDING MONTEARY, INJUNCTIVE, AND DECLARATORY RELIEF) ON AN INDIVIDUAL BASIS.
All rights not expressly granted herein are reserved to ClickInsights.
You must provide any notice to ClickInsights via the following:
187 E. Warm Springs Rd.
Las Vegas, Nevada 89119
With a copy via email to: email@example.com
This Agreement is enforced by the Internet lawyers of Traverse Legal, PLC