This Agreement was last modified on February 13, 2014.
Please read these Terms of Service ("Agreement", "Terms of Service") carefully before using www.surveyrock.com ("the Site") operated by Oak Mountain Digital LLC ("us", "we", or "our"). This Agreement sets forth the legally binding terms and conditions for your use of the Site at http://surveyrock.com.
By accessing or using the Site in any manner, including, but not limited to, visiting or browsing the Site or contributing content or other materials to the Site, you agree to be bound by these Terms of Service.
The Site and its original content, features and functionality are owned by Oak Mountain Digital LLC and are protected by international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.
We may terminate your access to the Site, without cause or notice, which may result in the forfeiture and destruction of all information associated with you. All provisions of this Agreement that by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
Under normal circumstances, we will maintain your data and access to the Site for 1 year from the last date of Site access. At that point we reserve the right to terminate access and erase all of your data.
Links To Other Sites
Our Site may contain links to third-party sites that are not owned or controlled by Oak Mountain Digital LLC.
You agree to not:
(a) copy, modify, duplicate, create derivative works from, frame, mirror, republish, download, display, transmit, or distribute all or any portion of the Site in any form or media or by any means; or
(b) attempt to reverse compile, disassemble, reverse engineer or otherwise reduce to human-perceivable form all or any part of the Site; or
(c) access all or any part of the Site in order to build a product or service which competes with the Site; or
(d) use the Site to provide services to third parties; or
(e)license, sell, rent, lease, transfer, assign, distribute, display, disclose, or otherwise commercially exploit, or otherwise make the Site available to any third party except the Authorised Users, or
(f) attempt to obtain, or assist third parties in obtaining, access to the Site; and
(g) you shall use all reasonable endeavours to prevent any unauthorised access to, or use of, the Site and, in the event of any such unauthorised access or use, promptly notify us.
We shall use commercially reasonable endeavours to make the Site available 24 hours a day, seven days a week, except for:
(a) planned maintenance carried out during the maintenance window ; and
(b) unscheduled maintenance performed outside Normal Business Hours.
Furthermore, we do not warrant that your use of the Site will be uninterrupted or error-free; nor that the Site and/or the information obtained by you through the Site will meet your requirements; and are not responsible for any delays, delivery failures, or any other loss or damage resulting from the transfer of data over communications networks and facilities, including the internet, and you acknowledge that the Site may be subject to limitations, delays and other problems inherent in the use of such communications facilities.
General information and updates will be placed on our Site, Blog, Facebook page or Twitter feed. Specific customer information will be sent via email to the email address you have provided us with.
Charges & Payment
You shall pay us the Subscription Fees for the Account Subscriptions as outlined on the Site pricing page. In providing us your credit card details, you hereby authorise us to bill such credit card:
(a) on the Effective Date for the Subscription Fees payable in respect of the Initial Subscription Term; and
(b) on each anniversary of the Effective Date for the Subscription Fees payable in respect of the next Renewal Period.
If we have not received payment according to your chosen Subscription within 3 days after the due date, we will downgrade you to the Free plan.
Limitation of Liability
Except as expressly and specifically provided in this agreement:
(a) You assume sole responsibility for results obtained from the use of the Site, and for conclusions drawn from such use. We shall have no liability for any damage caused by errors or omissions in any information, instructions or scripts provided to us by you in connection with the Site, or any actions taken by us at your direction;
(b) We shall not be liable whether in tort (including for [negligence or] breach of statutory duty), contract, misrepresentation, restitution or otherwise for any loss of profits, loss of business, depletion of goodwill and/or similar losses or loss or corruption of data or information, or pure economic loss, or for any special, indirect or consequential loss, costs, damages, charges or expenses however arising under this agreement; and
(c) all warranties, representations, conditions and all other terms of any kind whatsoever implied by statute or common law are, to the fullest extent permitted by applicable law, excluded from this agreement; and
(d) the Site is provided to you on an "as is" basis.
We shall have no liability to you under this agreement if we are prevented from or delayed in performing our obligations under this agreement, or from carrying on our business, by acts, events, omissions or accidents beyond our reasonable control, including, without limitation, strikes, lock-outs or other industrial disputes (whether involving our workforce or any other party), failure of a utility service or transport or telecommunications network, act of God, war, riot, civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of plant or machinery, fire, flood, storm or default of suppliers or sub-contractors, provided that you are notified of such an event and its expected duration.
This Agreement (and any further rules, polices, or guidelines incorporated by reference) shall be governed and construed in accordance with the laws of Delaware, United States, without giving effect to any principles of conflicts of law.
Changes To This Agreement
We reserve the right, at our sole discretion, to modify or replace these Terms of Service by posting the updated terms on the Site. Your continued use of the Site after any such changes constitutes your acceptance of the new Terms of Service.
Please review this Agreement periodically for changes. If you do not agree to any of this Agreement or any changes to this Agreement, do not use, access or continue to access the Site or discontinue any use of the Site immediately.
If you have any questions about this Agreement, please contact us at: support @ surveyrock.com