TERMS AND CONDITIONS OF USE
By visiting, reviewing, contributing to, or otherwise making use of ImpulseSurvey.com and/or any subdomains or affiliated sites thereof, you fully acknowledge and agree to these TERMS AND CONDITIONS OF USE—if you do not agree to these TERMS AND CONDITIONS OF USE, do not use the site.
Any use of ImpulseSurvey.com, and any of its subdomains, means that you hereby fully agree with and accept these TERMS AND CONDITIONS OF USE. These TERMS AND CONDITIONS OF USE constitute the entirety of the agreement between you and ImpulseSurvey.com LLC, the owners of ImpulseSurvey.com, regarding your use of ImpulseSurvey.com. Any and all other written or verbal agreements or previous understandings regarding such use are hereby cancelled and superseded. These TERMS AND CONDITIONS OF USE shall in no way be interpreted as to confer any entitlements, privileges, remedies, or rights to any third-party; this agreement is solely between you, as a user of ImpulseSurvey.com, and ImpulseSurvey.com LLC.
These TERMS AND CONDITIONS OF USE may be altered, changed, or otherwise modified solely by ImpulseSurvey.com LLC; you or any other third-party are not deemed capable of effecting any modifications to these TERMS AND CONDITIONS OF USE. ImpulseSurvey.com LLC may modify these TERMS AND CONDITIONS OF USE at anytime; it is your responsibility to review these TERMS AND CONDITIONS OF USE, prior to initial use or subsequent repeated use.
III. Access and Use
Use of ImpulseSurvey.com constitutes your agreement with these TERMS AND CONDITIONS OF USE. ImpulseSurvey.com LLC subsequently grants you, the user, limited, non-exclusive privilege to access the site, which may be revoked, suspended or terminated at any time for any reason, as determined at the sole discretion of ImpulseSurvey.com LLC.
a) In granting privilege for you to access ImpulseSurvey.com, you agree to only truthfully represent yourself and to not impersonate any other individual, or make any false claims of representation or authorization whatsoever, including misrepresentations of affiliations with any other particular person or entity.
b) You agree to use ImpulseSurvey.com site and its subdomains and affiliated sites only for lawful purposes; and agree to not use the site for any unlawful activities, or to solicit unlawful activities, or promote any activities that may infringe upon other users, or infringe upon the rights of the owners, employees, affiliates, and representatives of ImpulseSurvey.com.
c) You understand that ImpulseSurvey.com LLC reserves the right to: 1) amend, alter, change, modify, suspend, or terminate access to, or the operation of ImpulseSurvey.com or any portion thereof, at any time, without any prior notice whatsoever; 2) amend, alter, change these TERMS AND CONDITIONS OF USE and any other policies without any prior notice and any subsequent notification.
d) You may not use ImpulseSurvey.com or any content thereof for any purpose that is unlawful or prohibited by these TERMS AND CONDITIONS OF USE, or to solicit the performance of any illegal activity or other activity which infringes the rights of ImpulseSurvey.com LLC or others.
e) You understand that particular features available via ImpulseSurvey.com may require you to establish a user account, which may involve a unique username and password. You fully understand that you are completely responsible for providing, maintaining, and protecting the confidentiality of any and all information that you as an account holder may provide, including your username and password. You agree to immediately notify ImpulseSurvey.com LLC of any unauthorized use of your user account, or any breach of security or confidentiality. You fully understand that you may be liable for any losses incurred by ImpulseSurvey.com LLC or other users or visitors of ImpulseSurvey.com due to unauthorized use of your account, if you fail to maintain the security and confidentiality of your account, including your username and password.
f) You agree to only use your unique user account, and not use the username, password, and account of any other person or entity, without the express, written permission of the holder of that account. You also fully agree that ImpulseSurvey.com will not be liable whatsoever for any loss or damage arising from your failure to comply with these obligations, and these TERMS AND CONDITIONS OF USE.
As part of the privilege of access to ImpulseSurvey.com, you may contribute data, graphics, opinions, photos, ratings, and other information, and in so doing, your contribution, whether in whole or in part, becomes part of the corpus and content of ImpulseSurvey.com; and in providing such a contribution, you understand that you are not entitled any compensation or consideration whatsoever from ImpulseSurvey.com LLC or its affiliates. You also understand that ImpulseSurvey.com LLC may make use of such data, graphics, information, and other contributions throughout ImpulseSurvey.com, in advertising ImpulseSurvey.com, and other forms of marketing in various mediums, including digital and print media, and that your contributions may be shared and used by third-parties, such as, by a listed business on their listing page on ImpulseSurvey.com, or their Facebook page, or other social media.
V. No Warranty
No warranty about the accuracy, availability, condition, content, contributions, performance, reviews, or any other aspect of ImpulseSurvey.com, its subdomains and affiliated sites, is provided whatsoever. You hereby agree to contribute, review, or otherwise make use of ImpulseSurvey.com at your own risk, and according to your sole discretion and own judgment.
ImpulseSurvey.com LLC assumes no liability whatsoever for any and all of the contents, data, information, opinions, ratings, evaluations, or representations, nor the accuracy, suitability, or claims thereof, which may be available while using ImpulseSurvey.com, its subdomains and affiliated sites. ImpulseSurvey.com is owned and operated by ImpulseSurvey.com LLC and is not affiliated with the Impulse Research Company; ImpulseSurvey.com LLC assumes no liability whatsoever for the claims, representations, and agreements made between any third-party and the Impulse Research Company, and/or any of its data, which may or may not be provisioned or otherwise made available while using ImpulseSurvey.com. ImpulseSurvey.com LLC assumes no liability in providing access to ImpulseSurvey.com, or provisioning its contents; ImpulseSurvey.com LLC does not curate, validate, or verify the contents, data, information, opinions, ratings, evaluations, or representations accessible via ImpulseSurvey.com, and makes no attempt to verify the identity of any users, or any entities which may be represented via ImpulseSurvey.com, which may include names, addresses, phone numbers, e-mail addresses, or other information.
By using ImpulseSurvey.com you agree to indemnify and hold harmless ImpulseSurvey.com LLC, its agents, contractors, directors, employees, managers, members, predecessors and successors, representatives, and shareholders, from any claims, demands, expenses, liabilities, losses or other damages, including attorney fees and court fees, incurred directly or indirectly via any other party, involving your use of ImpulseSurvey.com.
VIII. Reproduction or Re-use Prohibited
No part of the ImpulseSurvey.com site, its subdomains and its contents (including code, data, design, evaluations, graphics, logos, opinions, and ratings) may be copied, distributed, re-branded, reproduced, republished, re-used, stored, or transmitted to any other medium, for any purpose, in whole or in part, without the prior written consent of ImpulseSurvey.com LLC and its board members. This includes any digital or manual means of reproduction, transmission, and distribution.
IX. Access to Other Sites and Related Information
ImpulseSurvey.com may provide links to other third-party sites, which are provided solely as a convenience, and in no way constitute an endorsement of other entities, persons, or services by ImpulseSurvey.com LLC in any manner. ImpulseSurvey.com LLC is not responsible for any access to, or information or data provided by any links or third-party sites. You agree to make use of such links solely based upon your own independent discretion and judgment.
The following disclaimer applies to any damages, injuries, and liabilities incurred by any alteration or modification; error; defect; delay in access, transmission or rendering; destruction; deletion; failure of performance; interruption; misrepresentation; theft; or unauthorized access, whether for breach of contract, negligence, tort, or any other cause of action:
ImpulseSurvey.com LLC MAKES NO PROMISE WHATSOEVER THAT ImpulseSurvey.com, ITS SUBDOMAINS OR AFFILIATED SITES, AND THE CONTENT, SERVICES, OR FEATURES THEREOF, WILL BE ACCESSIBLE OR AVAILABLE WITHOUT INTERRUPTION; OR THAT ANY INNACURACIES OR DEFECTS WILL BE CORRECTED OR REMEDIED; OR THAT ImpulseSurvey.com WILL PROVIDE ANY PARTICULAR EXPERIENCE, EVALUATION, OR RESULT. ImpulseSurvey.com IS PROVIDED “AS AVAILABLE,” AND “AS IS,” AND IS SUBJECT TO CHANGE WITHOUT ANY NOTICE WHATSOEVER. ImpulseSurvey.com LLC DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY INVOLVING ACCURACY, AVAILABILITY, NON-INFRINGEMENT, RELIABILITY, AND SUITABILITY FOR ANY PARTICULAR PURPOSE. ImpulseSurvey.com LLC DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, CONDUCT, CONTRIBUTIONS, EVALUATIONS, INFORMATION, OMMISSIONS, OPINIONS, AND RATINGS, OF ANY THIRD PARTIES RELATED TO YOUR USE OF ImpulseSurvey.com AND/OR ANY AND ALL RELATED SERVICES OR PROVISIONS. YOU ASSUME COMPLETE AND TOTAL RESPONSIBILITY FOR USING ImpulseSurvey.com, AND AGREE TO DO SO BASED UPON YOUR INDEPENDENT DISCRETION AND JUDGMENT AND FULLY UNDERSTAND THAT THE ONLY REMEDY AVAILABLE TO YOU FOR USING ImpulseSurvey.com, AND ITS CONTENT IS TO STOP USING ImpulseSurvey.com, AND THAT SUCH LIMITATION OF RELIEF IS PART OF THE BARGAIN BETWEEN YOU AND ImpulseSurvey.com LLC.
XI. Dispute Resolution & Governance
By using ImpulseSurvey.com you agree to settle any and all disputes and other matters involving the use of ImpulseSurvey.com as governed by the laws and provisions of the United States of America and the laws of the State of Delaware, and hereby waive any objection to such jurisdiction and venue. If you are located within the European Union and using ImpulseSurvey.com from within the jurisdiction of the European Union, then you may make a claim to settle a dispute within the court system in your country of residence. Any claim must be filed within one (1) year after the initial cause for action occurs, or is barred. Recovery for damages shall be limited to only out-of-pocket costs related to your use of ImpulseSurvey.com, except that the prevailing party will be entitled to payment for court
costs and attorneys’ fees. Should a dispute directly related to your use of ImpulseSurvey.com arise, then you agree to promptly resolve such dispute by: a) providing notification of the dispute within fifteen (15) days from when the matter of dispute first occurred; b) attempting to resolve the dispute in good faith within thirty (30) days. If notification of a dispute has been provided within fifteen (15) days, and the matter has not been resolved within thirty
(30) days since the matter of dispute first occurred, then either you or ImpulseSurvey.com LLC may submit such dispute to mediation, which shall proceed accordingly: a) the mediator shall be chosen by ImpulseSurvey.com LLC; b) the mediator shall be an attorney or former judge; c) the location of the mediation shall be determined by ImpulseSurvey.com; and any determination made by the mediator shall be final. Should any dispute not be resolved through mediation, you or ImpulseSurvey.com LLC may then pursue any remedy available according to applicable law.
a) Any information made available to ImpulseSurvey.com and ImpulseSurvey.com LLC, including your username and (actual) identity may be disclosed, if it is deemed that such disclosure is necessary for any complaint, investigation, or dispute involving your use of ImpulseSurvey.com, or to identify, contact or effect legal action against you or someone else who may be causing injury to or interference with rights or property of ImpulseSurvey.com LLC, or the rights or property of other users of ImpulseSurvey.com.
b) ImpulseSurvey.com LLC reserves the right to disclose any information deemed necessary to comply with any applicable law, regulation, legal process or government request, and may disclose your information as applicable law requires or permits such disclosure, including disclosure of your information with other entities, law enforcement agencies, and other third parties for the purpose of protecting against, or investigating fraud and fraudulent activities, whether you are directly or indirectly involved.
c) You agree and fully understand that ImpulseSurvey.com LLC may preserve any communication involving you and ImpulseSurvey.com, or any service offered on or through ImpulseSurvey.com, and that such communication and data may be disclosed as required by law, or if ImpulseSurvey.com LLC deems preservation or disclosure of such communication is reasonably necessary to: 1) comply with a legal process; 2) enforce these TERMS AND CONDITIONS OF USE; 3) evaluate any claims that any such communication violates the rights of others; or 4) is deemed necessary to protect the personal safety, property or rights of ImpulseSurvey.com LLC, its members, employees, representatives, and affiliates, and other users or visitors of ImpulseSurvey.com, and the public in general.
d) You agree and fully understand that ImpulseSurvey.com LLC may, in its sole discretion suspend or terminate your access to ImpulseSurvey.com without any notification whatsoever, and may prevent you from accessing ImpulseSurvey.com in the future, if it has been determined that you have these TERMS AND CONDITIONS OF USE, or any other pursuant or related agreements or conditions pertaining to your use of ImpulseSurvey.com.
e) You also agree and fully understand that by violating these TERMS AND CONDITIONS OF USE, whether in whole or in part, will constitute an unlawful and unfair business practice, and will cause irreparable harm to ImpulseSurvey.com LLC, for which monetary damages would be inadequate, and you hereby consent to ImpulseSurvey.com LLC pursuing and obtaining equitable and/or injunctive relief deemed necessary or appropriate under such circumstances, which may or may not be in addition to any other relief or remedies to which ImpulseSurvey.com LLC may be entitled by law or in equity. If ImpulseSurvey.com LLC pursues or obtains any legal action against you, subsequent to your violation of these TERMS AND CONDITIONS OF USE, you agree that ImpulseSurvey.com LLC will be entitled to recover from you all reasonable court costs and attorneys’ fees and other costs involved in taking such action against you, for which you hereby agree to pay, in addition to any other award or relief granted to ImpulseSurvey.com LLC.
f) You agree that ImpulseSurvey.com LLC will not be liable to you, or any entity that you may represent, or any third party for the termination of your privilege to use or access ImpulseSurvey.com as a result of your violation of any of these TERMS AND CONDITIONS OF USE.
ImpulseSurvey.com LLC administers, operates, and maintains ImpulseSurvey.com from various locations, including its principal location in the State of Delaware, and other locations within the United States of America. Not all features, functions, and content, including international content, may be available to all users and visitors, which may depend upon their geographic location, country of access, or other conditions. ImpulseSurvey.com LLC, at its sole discretion, reserves the right to limit access, availability, content, functionality, and any features, products, or services to any person or geographic location. Any feature, function, service and content available via ImpulseSurvey.com is void where prohibited, and if you choose to access ImpulseSurvey.com outside the United States of America, or via means beyond the United States of America, you acknowledge and agree to do so solely according to your own discretion and judgment in accordance with any applicable local laws.
Any information available via ImpulseSurvey.com is subject to change and modification without any prior notice.