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TERMS OF USE
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This web site, VorexSurvey.com (the “Site” or “Service”) is owned and operated by Vorex, Inc. Any person or entity (the “Subscriber”) accessing this Site or any of the information contained herein, agrees to and is bound by the following terms of use for this Site (“Subscriber Agreement”):
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1. SERVICES
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This Agreement is a legal agreement between the Subscriber and Vorex, Inc. for the VorexSurvey.com Software Application Services you subscribe to. These Software Applications include computer software, data storage mechanisms, databases and related designs, printed materials and online or electronic documentation (the “Software Application Services”, “Application Services”, or “Software”). By using the Software Application Services, you agree to be bound by the terms of this Subscriber Agreement. If you do not agree to the terms of this Subscriber Agreement, you are not authorized to use the Software Application Services.
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2. PAYMENT
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You agree to pay all applicable charges under this Subscriber Agreement, including any applicable taxes or charges imposed by any government entity. VorexSurvey.com may change its minimum pricing at any time. Subscriber must supply VorexSurvey.com with correct credit card information, and any changes in credit card validity or expiration date must be updated. VorexSurvey.com will automatically renew and charge Subscriber’s account every month, quarter or year for subscriptions. The renewal charge will be equal to the original subscription price, unless VorexSurvey.com notifies Subscriber otherwise in advance. If the credit card cannot be processed for any reason, Vorex, Inc. reserves the right to cancel the Service. If for any reason a Subscriber account is cancelled, all account contents will be deleted, including any survey data. You are solely responsible for updating your account with the latest contact and payment information. VorexSurvey.com does not offer refunds.
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3. MEMBER ACCOUNT, PASSWORD AND SECURITY
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You will have a user name and confidential password upon completing the Service’s registration process. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify VorexSurvey.com of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. VorexSurvey.com cannot and will not be liable for any loss or damage arising from your failure to comply with this Section 3.
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4. PRIVACY POLICY
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Please read our Privacy Policy to understand how your personal information will be treated when you use this Site.
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5. SUBSCRIBER CONDUCT
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You understand that all information, data, text, Software, music, sound, photographs, graphics, video, messages or other materials (“Content”), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. This means that you, and not VorexSurvey.com, are entirely responsible for all Content that you upload, post, e-mail, transmit or otherwise make available via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content. Under no circumstances will VorexSurvey.com be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Service.
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Subscriber agrees not to attempt to damage, deny service to, hack, crack, reverse-engineer, or otherwise interfere (collectively, “Interfere”) with VorexSurvey.com’s web site in any manner. If Subscriber in any way interferes with VorexSurvey.com’s web site, Subscriber agrees to pay all damages incurred by VorexSurvey.com, including any consequential damages, and agrees that the measure of difficult to determine damages will be the highest estimate of damages as provided by VorexSurvey.com. Subscriber’s interference with VorexSurvey.com’s web site relieves VorexSurvey.com of any of its contractual or other legal obligations to Subscriber, including VorexSurvey.com’s obligations under its Privacy Policy. VorexSurvey.com will cooperate with applicable authorities in prosecuting any Subscriber who interferes with VorexSurvey.com’s web site, attempts to defraud VorexSurvey.com, or attempts to defraud credit card companies or any other parties through Subscriber’s use of VorexSurvey.com’s web site or services.
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You agree to not use the Service to:
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a.
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Upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful or racially, ethnically or otherwise objectionable;
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b.
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Impersonate any person or entity, including, but not limited to, a VorexSurvey.com, representative, or falsely state or otherwise misrepresent your affiliation with a person or entity;
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c.
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Upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
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d.
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Upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights (“Rights”) of any party;
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e.
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Upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;
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f.
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Interfere with or disrupt the Service or servers or networks connected to the Service; or
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g.
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Intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law.
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Violation of any of the items in this Section 5 relieves Vorex, Inc. of any of its contractual or other legal obligations to Subscriber, including Vorex Inc.’s obligations under its Privacy Policy.
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Vorex, Inc. reserves the right to refuse any or all service to any Subscriber for any reason, at any time, at Vorex, Inc.’s sole discretion. Subscriber agrees that Vorex, Inc. may block its Site IP address or addresses at any time, and at Vorex, Inc.’s sole discretion, thereby disallowing Subscriber’s continued use of VorexSurvey.com’s web site.
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6. FREE TRIAL PERIOD FOR PROFESSIONAL LEVEL
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You have the option of utilizing the Free Trial Period to try the “Professional Level service. The Professional Level Free Trial Period is valid for one week from the date that your account is created. Your account will be charged automatically in accordance with the monthly Professional Level subscription fee structure at the expiration of the Free Trial Period, unless you properly cancel your account during the Free Trial Period. Your account settings screen will provide a simple cancellation link. If you cancel your account prior to the expiration of your Free Trial Period, your account will not be charged.
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7. SUBSCRIPTION UPGRADES
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You have the option to upgrade your subscription level (From Basic to Professional, From Basic to Enterprise, or From Professional to Enterprise). By doing so, VorexSurvey.com will automatically renew your subscription as well, and a new subscription period (monthly or yearly based on your pre-upgrade subscription) will begin from that point of time. VorexSurvey.com will take into consideration your un-used number of days from the pre-upgrade subscription and apply it as a credit towards the cost of your new subscription level amount. VorexSurvey.com does not offer refunds.
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You also have the option to upgrade your subscription period (From Monthly to Yearly) By doing so, VorexSurvey will automatically renew your subscription as well, and a new subscription period (now yearly) will begin from that point of time. VorexSurvey will take into consideration your un-used number of days from the pre-upgrade subscription and apply it as a credit towards the cost of the new subscription amount.
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Due to technical reasons, VorexSurvey will not allow Subscribers to downgrade subscription level, nor subscription period.
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8. MODIFICATIONS TO SERVICE
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Vorex, Inc. reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that Vorex, Inc. shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
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You agree that Vorex, Inc. has no responsibility or liability for the deletion or failure to store any survey data or other Content maintained or transmitted by the Service. You acknowledge that Vorex, Inc. reserves the right to delete accounts that are inactive for an extended period of time. You acknowledge that Vorex, Inc. reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice. You further agree that Vorex, Inc. may include Subscriber’s business name and logo in Vorex, Inc.’s list of clients unless you send written notice to Vorex, Inc. specifically precluding it from doing so.
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9. COPYRIGHTS
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The Software Application Services you subscribe to are protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The Software Application Services are licensed, not sold.
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All title and copyrights in and to the Software are owned by Vorex, Inc. All title and intellectual property rights in and to the content which may be accessed through use of the Software Application Services is the property of the respective content owner and also may be protected by applicable copyright or other intellectual property laws and treaties.
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10. LINKS TO THIRD PARTIES
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Vorex, Inc. makes no claims or representations about any Web Site not under Vorex, Inc.’s control that a Subscriber may access from VorexSurvey.com’s web site—by link, frame, or any other means (“Linked Site”). Any link, frame, or any other means to access any Linked Site provided by VorexSurvey.com or otherwise on VorexSurvey.com’s web site does not constitute Vorex, Inc.’s endorsement, recommendation or acceptance of any responsibility for the content of that Linked Site or the operators of that Linked Site.
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11. LIABILITY DISCLAIMER
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THE INFORMATION, SOFTWARE, PRODUCTS AND SERVICES INCLUDED IN OR AVIALBLE THROUGH THE VOREXSURVEY.COM SITES/SERVICES MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY MADE TO THE VOREXSURVEY.COM SITE/SERVICES AND TO THE INFORMATION THEREIN MAY MAKE IMPROVEMENTS AND/OR CHANGES IN VOREX, INC. SITES/SERVICES AT ANY TIME.
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VOREX, INC. MAKES NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, LACK OF VIRUSES OR OTHER HARMFUL COMPONENTS AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED WITHIN THE VOREXSURVEY.COM SITES/SERVICES FOR ANY PURPOSE. ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. VOREX, INC. HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, TITLE AND NON-INFRINGEMENT.
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YOU SPECIFICALLY AGREE THAT VOREX, INC. SHALL NOT BE RESPONSIBLE FOR UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, ANY MATERIAL OR DATA SENT OR RECEIVED OR NOT SENT OR RECEIVED, OR ANY TRANSACTIONS ENTERED INTO THROUGH A VOREXSURVEY.COM SITE/SERVICE. YOU SPECIFICALLY AGREE THAT VOREX, INC. IS NOT RESPONSIBLE OR LIABLE FOR ANY THREATENING, DEFAMATORY, OBSCENE, OFFENSIVE OR ILLEGAL CONTENT OR CONDUCT OF ANY OTHER PARTY OR ANY INFRINGEMENT OF ANOTHER’S RIGHTS, INCLUDING INTELLECTUAL PROPERTY RIGHT. YOU SPECIFICALLY AGREE THAT VOREX, INC. IS NOT RESPONSIBLE FOR ANY CONTENT SENT USING AND/OR INCLUDED IN A VOREXSURVEY.COM SITE/SERVICE BY ANY THIRD PARTY.
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IN NO EVENT SHALL VOREX, INC. BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE VOREXSURVEY.COM SITES/SERVICES, WITH THE DELAY OR INABILITY TO USE THE VOREXSURVEY.COM SITES/SERVIES OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE VOREXSURVEY.COM SITES/SERVICES, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF VOREX, INC HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE VOREXSURVEY.COM SITES/SERVICES, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE VOREXSURVEY.COM SITES/SERVICES.
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If for any reason a court of competent jurisdiction finds any provision or portion of the Terms of Use to be unenforceable, the remainder of the Terms of Use will continue in full force and effect.
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This Terms of Use constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understanding or agreements, written or oral, regarding such subject matter. Any waiver or any provision of the Terms of Use will be effective only if in writing and signed by Vorex, Inc.
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12. APPLICABLE LAW
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This Terms of Use is governed by and is to be interpreted in accordance with the laws of the State of Texas, USA.
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