TERMS AND CONDITIONS
- for use of Perennial Survey (https://perennialsurvey.com/)
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PLEASE NOTE: PERENNIAL SURVEY (Perennial / Perennial Survey) IS AN ONLINE SERVICE PROVIDER AND NOT A PUBLISHER OR EDITOR OF CONTENT. PERENNIAL SURVEY DOES NOT APPROVE OR ASSUME EDITORIAL CONTROL OVER ANY CONTENT/DATA OFFERED FOR DOWNLOAD BY A PERENNIAL SURVEY SUBSCRIBER. IF YOU HAVE ANY ISSUES CONCERNING INTELLECTUAL PROPERTY, PLEASE PAY CLOSE ATTENTION TO THE SECTION OF THIS ACCEPTABLE USE POLICY THAT GOVERNS INTELLECTUAL PROPERTY.
I. General Description of Agreement
A. What This Agreement Covers
"Subscriber" means any person or business entity that (a) downloads, attempts to download, or otherwise utilizes any uniform resource locator (URL) resource that resides entirely upon https://perennialsurvey.com/; (b) any person or entity that transmits electronic mail, files, or other data transmission into any network owned/operated by Perennial Survey; (c) and person or business entity linked to a URL resource owned/operated by Perennial Survey; and (d) any person or entity that contacts Perennial Survey through the use of any telecommunications network.
"Perennial" and "Perennial Survey" refers to Perennial Survey (https://perennialsurvey.com/), its successors, and assigns.
This Agreement between you, Subscriber and Perennial governs the use, download, and storage of any Perennial website ("Site/URL"), including the sending of any electronic mail communication into the Perennial network, and use of any Perennial resources ("Service(s)") storing survey data and retrieving survey data. These Services permit Subscribers to perform a number of interactive functions through the use of a personal computer.
B. Accepting the Agreement
When you use any of the Services described in this Agreement, or authorize others to use them, you agree to the terms and conditions of the entire Agreement.
C. Relation to Other Agreements
Your use of Services may also be affected by other agreements between you and Perennial Survey. When you use, download, and store on any Perennial website, you do not change the agreements you already have agreed upon.
II. Conditions of Service Use
Perennial Survey provides tools for the collection and processing of survey data through the use of personal computers. In order to enroll in any iBill Service, you must be at least 18 years of age; you must populate every field on every form presented to you with accurate data; you must have a valid email address; and you must agree to be bound by this Agreement and/or any other agreement governing your use of the Service and/or particular resource. Your failure to populate every field may result in your waiver of certain rights under this Agreement, or other agreements.
III. Intellectual Property
A. Online Copyright Infringement Liability Limitation Act.
Your acceptance of this Agreement, and use of any Perennial Survey Service requires that you abide by the Copyright laws of Ontario, Canada.
Perennial Survey does not initiate the transmission of any copyrighted material, other than that Perennial owns. The transmission or routing of data through the Perennial Service is purely an automatic and technical process. Perennial does not select any recipient of any copyrighted material, except as an automatic response to a request for works Perennial Survey owns the copyright to. No copyrighted material, other than that owned by Perennial passes through the Perennial system. Perennial Survey never modifies any copyrighted material other than its own.
If you believe that Perennial Survey is hyperlinked to a website that is infringing upon your copyrighted works, you may send a notice to the following email addresses, [email protected] , or to: Perennial Copyright Issues, 56 Zokol Crescent, Kanata, ON, K2K2K3, Canada.
Your notice should include the following:
1. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
2. A description of the copyrighted work or other intellectual property that you claim has been infringed;
3. A description of where the material that you claim is infringing is located on the site;
4. Your address, telephone number, and email address;
5. A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law;
6. A statement by you made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.
In appropriate circumstances, and in Perennial Survey's reasonable discretion, Perennial Survey shall expeditiously disable access to the interactive service.
Perennial Survey does not tolerate, and will not provide its Service to any Subscriber that is committing acts constituting trademark infringement, unfair competition, or province/state or foreign trademark laws.
Perennial Survey reserves the right, in its complete discretion, to cancel a contract, or disable processing for any Subscriber in the event that Perennial believes that the Subscriber is committing acts of trademark infringement.
Perennial Survey maintains physical, electronic and procedural safeguards to protect Consumer and Client Data. Owners of Perennial Survey are authorized to access this Data only when they need to provide Clients and Consumers with products and services, or to maintain Client and Consumer accounts.
B. Collecting information
We collect and use various types of information in order to provide the Software and the Service. This information is categorized as the following two types:
1. Enrollment Information - information subscribers provide to us by completing and submitting online application forms.
2. User defined information - information subscibers set up the Perennial Survey system to collect. The parameters of this data is defined by the subscriber and may not infringe copyright or trademarks and can not be used for illegal purposes.
C. Management of information
All information collected from subscribers or for subscribers is accessable for their review. All personal information collected is accessable and editable by the user under "Help" in the Perennial Survey survey editor.
V. Subscriber Accounts, Passwords, and Security
Some interactive resources provided to subscribers require a username and password scheme. The subscriber is responsible for maintaining the confidentiality and security of their username and password, and they are fully responsible for any activity that occurs under their password or account. You, as the subscriber agree to immediately notify Perennial of any unauthorized use of your password or account, and ensure that you properly log-off any session that requests resources protected by secure hardware/software schemes. Perennial Survey shall not be liable for any loss or damages arising from your failure to comply with this section V.
VI. Subscriber Conduct
You understand that all information, data, text, software, music, sound, photographs, graphics, movies, videos, messages, or other materials, ("Content") whether publicly posted or privately transmitted, are the sole responsibility of the person from which the Content originated. This means that Perennial Survey/George Fisher is not responsible for any online activity. You understand that some of the Content may be offensive, indecent, or objectionable. Under no circumstances, will Perennial Survey be liable in any manner for any Content, including, but not limited to, any errors or omissions, or for any loss or damage of any kind incurred as a result of the use of any Content.
You may not, also, use the service to exchange information which comes into conflict with our provider's (the Synapse Global Corparation) restrictions. The restrictions from SynapseGlobal are avaliable at their website at: http://www.synapseglobal.com/
You agree not to use any Perennial Survey Service to:
* upload, post, email, transmit, or otherwise make available any Content that is unlawful, harmful, threatening, abusive, or harassing;
* harm minors, in any manner;
* impersonate any person or entity;
* forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted; upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other intellectual property right;
* upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, or junk mail;
* upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code;
* disrupt the normal flow of data or otherwise interfere with any data communications;
* intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the SEC, NASDAQ, FTC, FBI, or other federal or state agency; stalk, or otherwise harass another; or
Perennial Survey has no obligation to monitor the Content. However, Perennial Survey reserves the right to review Content and decide as to whether Perennial Survet is interested in the provision of Services in connection with said Content. Perennial Survey reserves the right to terminate your access to any or all of the Services at any time, without notice, for any reason whatsoever.
Perennial Survey reserves the right at all times to disclose any information as Perennial deems necessary to satisfy any applicable law, regulation, legal process or governmental request.
All Content and software (if any) that is made available to view and/or download in connection with the Perennial Survey Site/Service/Software, excluding content and/or software that may be made available by end-users through a non-Perennial controlled resource, is owned by and is the copyrighted work Perennial Survey and/or its suppliers and is protected by copyright laws and international treaty provisions. Your use of the Site/Service/Software is governed by the terms of this Agreement, as well as the agreement connected to any Perennial Service. You may not install or use any Site/Service/Software unless you first agree to this Agreement, as well as the agreement connected to the particular Perennial Survey Site/Service/Software.
VII. Liability Disclaimer
THE INFORMATION, SITE/SERVICE/SOFTWARE, AND PRODUCTS INCLUDED IN OR AVAILABLE THROUGH THE PERENNIAL SURVEY SITES/SERVICE/SOFTWARE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY MADE TO THE PERENNIAL SURVEY SITE/SERVICE/SOFTWARE AND TO THE INFORMATION THEREIN. PERENNIAL SURVEY AND/OR ITS RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE PERENNIAL SURVEY SITE/SERVICE/SOFTWARE AT ANY TIME. ADVICE RECEIVED VIA THE PERENNIAL SURVEY SITE/SERVICE/SOFTWARE SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.
PERENNIAL SURVEY AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, LACK OF VIRUSES OR OTHER HARMFUL COMPONENTS AND ACCURACY OF THE INFORMATION, SITES/SERVICE/SOFTWARE, PRODUCTS, AND RELATED GRAPHICS CONTAINED WITHIN THE PERENNIAL SURVEY SITE/SERVICE/SOFTWARE FOR ANY PURPOSE. ALL SUCH INFORMATION, SITES/SERVICE/SOFTWARE, PRODUCTS, AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. PERENNIAL SURVEY AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SITES/SERVICE/SOFTWARE, PRODUCTS, AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, TITLE AND NON-INFRINGEMENT.
YOU SPECIFICALLY AGREE THAT PERENNIAL SURVEY 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 AN PERENNIAL SURVEY SITES/SERVICE/SOFTWARE. YOU SPECIFICALLY AGREE THAT PERENNIAL SURVEY 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 RIGHTS. YOU SPECIFICALLY AGREE THAT PERENNIAL SURVEY IS NOT RESPONSIBLE FOR ANY CONTENT SENT USING AND/OR INCLUDED IN AN PERENNIAL SURVEY SITES/SERVICE/SOFTWARE BY ANY THIRD PARTY.
IX. Termination/Access Restriction
Perennial Survey reserves the right, in its sole discretion, to terminate your access to any or all Perennial Survey Site/Service/Software and the related services or any portion thereof at any time, without notice.
Perennial Survey may also terminate or suspend your access to Perennial Survey Site/Service/Software/Data for inactivity, which is defined as failing to log into a particular service for an extended period of time, as determined by Perennial Survey. Upon termination of the Perennial Survey Site/Service/Software/Data, your right to use the Perennial Survey Site/Service/Software immediately ceases.
Perennial Survey shall have no obligation to maintain any content or to forward any unread or unsent messages to you or any third party.
X. Spam Not Permitted
Perennial Survey will immediately terminate any account that it believes, in its sole discretion, is transmitting or is otherwise connected with any unsolicited bulk email. In addition, because damages are often difficult to quantify, if actual damages cannot be reasonably calculated then you agree to pay Perennial Survey liquidated damages of $5 for each piece of spam or unsolicited bulk email transmitted from or otherwise connected with your account, otherwise you agree to pay Perennial Survey's actual damages, to the extent such actual damages can be reasonably calculated. Such payment may be deducted directly from any monies owed to you from Perennial Survey.
The laws of the Province of Ontario, Canada, govern this agreement. You hereby irrevocably consent to the exclusive jurisdiction and venue of courts in Ottawa, Ontario, Canada. in all disputes arising out of or relating to the use of the Perennial Survey Sites/Services. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Perennial Survey as a result of this agreement or use of the Perennial Survey Sites/Services. You agree to indemnify and hold Perennial Survey, its parents, subsidiaries, affiliates, officers and employees, harmless from any claim, demand, or damage, including reasonable attorneys' fees, asserted by any third party due to or arising out of your use of or conduct on the Perennial Survey Site/Service/Software. Perennial Survey reserves the right to disclose any personal information about you or your use of the Perennial Survey Sites/Services, including its contents, without your prior permission if Perennial Survey has a good faith belief that such action is necessary to: (1) conform to legal requirements or comply with legal process; (2) protect and defend the rights or property of Perennial Survey or its affiliated companies; (3) enforce the terms or use; or (4) act to protect the interests of its members or others. Perennial Survey's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Perennial Survey's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Perennial Survey Sites/Services or information provided to or gathered by Perennial Survey with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Perennial Survey with respect to the Perennial Survey Site/Service/Software and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Perennial Survey with respect to the Perennial Survey Site/Service/Software. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
Perennial Survey grants to you, the Subscriber, a revocable personal, non-transferable license to use the Site/Service/Software as detailed in this Agreement, and for no other purpose provided that you keep intact all copyright and other proprietary notices. Any reproduction or redistribution of the Site/Service/Software is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible. WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE CONTENT OR SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED. You acknowledge that the Site/Service/Software, and any accompanying documentation and/or technical information, is subject to applicable export control laws and regulations of Canada. You agree not to export or re-export the Site/Service/Software, directly or indirectly, to any countries that are subject to Canadian export restrictions.