Qualtrics has a thorough Acceptable Use policy. Please read the following license agreement for www.qualtrics.com.####PLEASE READ THIS AGREEMENT CAREFULLY BEFORE ACCEPTING THIS AGREEMENT AND SUBSCRIBING TO USE THIS WEB SITE. BY CHECKING THE APPLICABLE BOX ON THE SUBSCRIPTION PAGE, YOU INDICATE YOUR ACCEPTANCE OF THIS ENTIRE AGREEMENT.####www.qualtrics.com, Inc. (the “Company” or “we”) provides the service of database warehousing, Web site hosting and analysis of research and surveys. Any surveys received that carry the www.qualtrics.com logo are hosted using our services, but were sent by the party building the survey to their own e-mail lists.####www.qualtrics.com has a zero tolerance policy for spam, pornography, and warez (pirated software). Any surveys found to contain, promote, or link to such content are subject to immediate removal from our service.####I. The Company grants to you a license to use the survey-related materials and services contained on the www.qualtrics.com Web site (the “Web site”), as they may be modified from time to time, pursuant to the terms and conditions of this Agreement and provided that you pay the applicable subscription fees to the Company.####II. The Company cannot be held responsible for the content of surveys or pages hosted under our service, or for the manner in which they are distributed to third parties. The Company does not review surveys or pages for content before they are posted, and does not verify, endorse, or otherwise take responsibility for the contents of any user-created surveys or pages. However, we reserve the right to remove any survey or page from our servers at our sole discretion, including any that we determine is in violation of our rules and guidelines or is otherwise objectionable. Users are solely responsible for all developed materials, and may be held legally liable for the contents of their surveys or pages.####III. Either you or the Company may terminate this Agreement at any time, for any reason, upon written notice to the other party. Without limiting that right, the Company may terminate user accounts at any time without notice for conduct that violates its guidelines as described below, and may immediately delete and remove from its servers any and all user surveys, web pages, and information connected with such accounts. Webmasters and companies violating these guidelines are also subject to banishment from our survey site network. The following is a non-exclusive list of content and behaviors that are UNACCEPTABLE to the Company. You specifically agree not to use or engage in any of the following using the Company’s services and materials:####1. Content that contains or contains links to: nudity, pornography, adult content, sex, profanity, abusive or foul language.####2. Content that condones, promotes, contains, or links to warez, cracks, hacks, their associated utilities, or other piracy related information, whether for educational purposes or not.####3. Content or surveys that are promoted through the sending of unsolicited e-mail (spamming), mail fraud schemes, or surveys that promote or condone the sending of unsolicited e-mail to individuals not affiliated with the sender.####4. Content that infringes any copyrights, trademarks, patents, trade secrets or other intellectual property.####5. Content that is racist or otherwise extremely offensive to others, including content that aggravates, harasses, threatens, defames or abuses others.####6. Storage of survey files, non-html content or any use that circumvents the display of advertising.####7. Having password-only, hidden, or restricted access pages other than those provided through the features of the survey administrator (all survey pages must be accessible to the Internet community at large). If you are interested in private or Password Protected Surveys, please examine our administration and upgrade options.####8. Sites that exploit images of children under 18 years of age.####9. Binary files, downloads, etc. that are not linked to an html page on the users site, such that an advertising banner is displayed. Links back to a user’s survey from other sites must also link first to a survey on this Web site.####Persons who violate these guidelines or otherwise misuse this Web site or the Company’s services or software are subject to legal liability and prosecution.####IV. THE COMPANY MAKES NO IMPLIED OR EXPRESS WARRANTIES, INCLUDING ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO ITS SERVICES OR THIS WEB SITE, including without limitation its space for hosting surveys, content, information, or products provided in conjunction with this Site. The Company and its employees and affiliates are not responsible for any deletion, alteration, or loss of data, survey, or results due to network or system outages, file corruption, accidental deletion, incompatibilities, or any other reason. The Company makes no guarantees as to server reliability, speed, or consistency, and cannot be held liable for such.####1. Users are responsible for regularly monitoring and creating backups of their own files, and agree to use the Company’s resources and infrastructure at their own risk.####2. The Company and its affiliates make no guarantee of the accuracy, correctness, or completeness of any information on these web pages, surveys, databases, or results and are not responsible for any errors or omissions arising from the use of such information; any failures, delays, or interruptions in the delivery of any content or services contained on our servers; or losses or damages arising from the use of the content or services provided by the Company.####3. The Company and its parent company reserve the right to include traffic generated by all web sites it hosts in its overall accounting of page views, unique users, and other usage measures. This includes providing web traffic measurement companies with all URLs hosted by the Company for use in their projection of the Company’s and its parent company’s overall traffic.####4. The Company may also link to or include on its Web site resources and information provided by third party partners and providers. We do not guarantee the reliability of this information, nor does the inclusion of this information imply our recommendation of these services; it is merely provided to assist you in the creation of your Web site and provide added value to our service.####5. You agree to indemnify and hold harmless the Company and its affiliates against any and all claims and expenses, including attorneys’ fees, arising from the use or misuse of the Company’s services and this Web site. This expressly includes your responsibility for any and all liability arising from the violation or infringement of copyrights, trademarks or other proprietary rights and from the use of any libelous or unlawful material contained within your survey or Web site.####6. THE COMPANY DISCLAIMS ANY LIABILITY FOR DAMAGES CAUSED BY ITS SERVICES OR THE CONTENTS OF THIS WEB SITE, UNLESS DUE TO ITS INTENTIONAL WRONGDOING. THE COMPANY’S TOTAL LIABILITY FOR ANY CLAIM OR DAMAGE ARISING OUT OF OR RELATED TO ITS SERVICES OR WEB SITE IS LIMITED TO YOUR DIRECT DAMAGES, WHICH SHALL NOT EXCEED THE FEES YOU HAVE PAID TO THE COMPANY. IN NO EVENT SHALL THE COMPANY BE LIABLE FOR LOST PROFITS, LOST DATA, INTERRUPTIONS OF BUSINESS, OR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THIS WEB SITE OR THE COMPANY’S SERVICES OR PRODUCTS, REGARDLESS OF WHETHER THE COMPANY HAS NOTICE OF THE POTENTIAL FOR SUCH LOSS OR DAMAGE.####V. Other terms and guidelines:####1. You are responsible for building and updating your own web page or survey, and regularly backing up any related data.####2. User accounts may be deleted after 60 days if there is no activity on the account, in order to free up unutilized resources.####3. Business surveys are welcome and encouraged on this Web site.####4. This Web site MAY be used as an entry to another site ONLY if an advertising banner is displayed for more than 5 seconds on the page.####5. In situations where our services are provided without a fee, we reserve the right to use your survey, data, and results for research, education, marketing and advertising, and other purposes.####6. This Agreement may be assigned by you only with the Company’s prior written consent.####7. We like keeping our users up-to-date on new features and research tips and tricks. We do this through regular emails to the address given during registration. However, we don’t want to be irritating. If a user doesn’t want to receive this communication, they may either uncheck “Receive periodic updates from Qualtrics” in the account’s settings or select the opt-out option that is presented in every email.####8. The Company controls this Web site from its offices in the United States of America. The Company makes no representations that its materials or content are appropriate or available for use in other locations. Those who choose to access the Web site from other locations do so on their own initiative and are responsible for complying with applicable local laws. You may not use or export the Company’s materials in violation of U.S. export laws and regulations.####9. If any term of this Agreement is found void or unenforceable, all other terms shall remain in full force and effect.####10. The Company reserves the right to amend or change its user policies and guidelines at any time without notice; please review this document periodically to be certain you are aware of the Company’s current policies and guidelines. The Company reserves all rights not expressly granted in this Agreement. This Agreement shall be governed by the laws of the state of Utah (excluding conflicts of laws provisions).####Questions regarding this policy may be sent to support@qualtrics.com.
