Effective Date: January 1, 2016
Guard Your Password
You are responsible for safeguarding the password that you use to access any secure areas of the Site. You agree not to disclose your password to any third party. You agree to take sole responsibility for any activities or actions under your password, whether or not you have authorized such activities or actions. You will immediately notify SurveyMonkey of any unauthorized use of your password.
Your Use of the Content
You agree not to do any of the following while using the Site, Content, or Services:
Digital Millennium Copyright Act Compliance
SurveyMonkey respects the intellectual property rights of others and expects users of the Site to do the same. At SurveyMonkey's discretion and in appropriate circumstances, SurveyMonkey may terminate its agreements with companies of users or prevent access to the Site by users who infringe the intellectual property rights of others. Pursuant to 17 USC 512(c)(2) (Digital Millennium Copyright Act of 1998), SurveyMonkey's designated agent for notice of alleged copyright infringement appearing on the Site is:
Attn: Legal – DMCA Notices
101 Lytton Avenue
Palo Alto, CA 94301
Filing a notice of infringement with SurveyMonkey requires compliance with the requirements specified in Title II of the Digital Millennium Copyright Act of 1998.
The Site may contain links to third-party websites or resources. You acknowledge and agree that SurveyMonkey is not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by SurveyMonkey of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.
Use of the Site at Your Own Risk
Your access to and use of the Site, Content, and Services is at your own risk. SurveyMonkey will have no responsibility for any harm to your computer system, loss of data, or other harm that results from your access to or use of the Site, Content, or Services.
The Site is Available "AS-IS"
THE SITE, CONTENT, AND SERVICES ARE PROVIDED "AS IS", WITHOUT WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, SURVEYMONKEY EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT.
SURVEYMONKEY MAKES NO WARRANTY THAT THE SITE, CONTENT, OR SERVICES WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. SURVEYMONKEY MAKES NO WARRANTY REGARDING THE QUALITY OF ANY PRODUCTS, SERVICES, OR INFORMATION PURCHASED OR OBTAINED THROUGH THE SITE, CONTENT OR SERVICES, OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SITE, CONTENT OR SERVICES.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM SURVEYMONKEY OR THROUGH THE SITE, CONTENT, OR SERVICES, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEITHER SURVEYMONKEY NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SITE, CONTENT, OR SERVICES WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES RESULTING FROM YOUR ACCESS TO OR USE OF, OR INABILITY TO ACCESS OR USE, THE SITE, CONTENT, OR SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, WHETHER OR NOT SURVEYMONKEY HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. YOU SPECIFICALLY ACKNOWLEDGE THAT SURVEYMONKEY IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU. FURTHER, SURVEYMONKEY WILL HAVE NO LIABILITY TO YOU OR TO ANY THIRD PARTY FOR ANY THIRD-PARTY CONTENT UPLOADED ONTO OR DOWNLOADED FROM THE SITE OR THROUGH THE SERVICES.
YOU AGREE THAT THE AGGREGATE LIABILITY OF SURVEYMONKEY TO YOU FOR ANY AND ALL CLAIMS ARISING FROM YOUR USE OF THE SITE, CONTENT OR SERVICES, OR SURVEYMONKEY'S USE OF INFORMATION YOU HAVE PROVIDED TO IT, IS LIMITED TO THE AMOUNTS YOU HAVE PAID TO SURVEYMONKEY FOR ACCESS TO AND USE OF THE SITE, CONTENT, OR SERVICES DURING THE TWELVE MONTHS PRIOR TO THE EVENT GIVING RISE TO THE CLAIM UP TO $100,000. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN SURVEYMONKEY AND YOU.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
12. Contracting Entity
Who you are contracting with. Unless otherwise specified in relation to a particular Service, the Services and this website are provided by, and you are contracting with, SurveyMonkey Inc.
SurveyMonkey Inc. For any Service provided by SurveyMonkey Inc., the following provisions will apply to any terms governing that Service:
SurveyMonkey Europe. For any Service provided by SurveyMonkey Europe, the following provisions will apply to any terms governing that Service:
Language. These Terms are prepared and written in English. To the extent that any translated version conflicts with the English version, the English version controls, except where prohibited by applicable law.