Surveys Your Way

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AGREEMENT
Agate Software, Inc. (Agate) is the provider of the Surveys Your Way web application. This agreement sets forth the Standard Terms and Conditions that apply to subscriber use of the Surveys Your Way application. Subscriber henceforth agrees to compliance with all terms of service use.

RELATIONSHIP
The relationship between the subscriber and Agate is that of subscriber and service provider only. In the event of a violation of any terms and/or conditions set forth in this agreement, Agate reserves the right to immediately terminate the services provided to the subscriber, with the subscriber being fully responsible for any and all attorney's fees incurred by Agate regarding this agreement at all trial and appellate court levels.

Unauthorized use of Agate services includes, but is not limited to, the following examples: illegal or criminal activities; sending or posting fraudulent or harassing electronic messages (including "spamming"-sending a message's content to an unreasonable number of mail addresses or message areas, as well as unsolicited mailing of commercial sales pitches); use, attempted use of programs in order to interfere with Agate's system, defraud customers or gain unauthorized access to our systems or data.

Refunds for accounts closed due to a direct violation of the User Policy Agreement will only be granted at the discretion of Agate.

Survey Duration
Access to Surveys Your Way for the creation of surveys, completion of surveys, or the review of reports will only be provided for the subscription period that has been paid for in advance.

Agate may take any one or more of the following actions in response to violations of this Acceptable Use Policy:

Issue written or verbal warnings

Suspend the customer's account

Terminate the customer's account

Deny the customer future service

DISCLAIMER
The Surveys Your Way application is provided on an as is, as available, basis without warranties of any kind, either express or implied, including, but not limited to, warranties of merchantability, fitness for a particular purpose or non-infringement. Agate expressly disclaims any representation or warranty that the Surveys Your Way application will be error-free or uninterrupted. No oral advice or written information given by Agate, its employees, licensors or agents will create a warranty; nor may you rely on any such information or advice. The terms of this section shall survive the termination of this agreement for whatever reason.

Under no circumstances, including negligence, will Agate be liable for any direct, indirect, incidental, special or consequential damages that result from the use of or inability to use the Surveys Your Way application, including but not limited to reliance on any information obtained on the Surveys Your Way web site; or that result from mistakes, omissions, interruptions, deletion of files or E-Mail, loss of or damage to data, errors, defects, viruses, delays in operation, or transmission, or any failure of performance, whether or not limited to acts of God, communication failure, theft, destruction or unauthorized access to Agate records, programs or services. You hereby acknowledge that this provision will apply whether or not Agate is given notice of the possibility of such damages and that this provision will apply to all content, merchandise or services available from Agate. The terms of this section shall survive any termination of this agreement.

MODIFICATION OF TERMS
Agate reserves the right to modify this policy at any time and without advance notice.

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