Terms of Use

Grapevine End User Terms of Agreement

Grapevine, owned and operated by Aylen Capital Inc., an Ontario corporation (collectively referred to here as “Grapevine”), provides and maintains an Internet Web site (the “Site”) with related tools and processes to create individualized surveys and obtain survey results and associated services (the “Services”) for use by you (“Member” or “you”). The Services and use of the Site are provided to you under the terms and conditions set forth in the Terms of Agreement and any rules or policies otherwise set forth on this Site or published from time to time by Grapevine. The Terms of Agreement set forth below and any rules or policies otherwise set forth on this Site comprise the entire agreement between Member and Grapevine and supersedes any and all prior agreements or understandings between the parties.

1. ACKNOWLEDGMENT AND ACCEPTANCE

PLEASE READ THE FOLLOWING TERMS OF AGREEMENT CAREFULLY. BY COMPLETING THE REGISTRATION PROCESS AND CLICKING ON “SUBMIT”, YOU ACCEPT AND AGREE TO ALL OF THE TERMS AND CONDITIONS SET FORTH IN THE TERMS OF AGREEMENT, INCLUDING ALL WARRANTIES AND PROMISES BY MEMBER. MEMBER HEREBY ACKNOWLEDGES AND WARRANTS THAT MEMBER IS 18 YEARS OF AGE OR OLDER.

2. SERVICE PROVIDED.

Grapevine is providing the basic Services through the Site without charge for Member’s use. Members purchase an annual license (membership) and are charged by the number of respondents that are able to successfully fill out a survey. Said Services include Member’s right, after registration and in full compliance with the Terms of Agreement, to use or create surveys from certain survey templates provided by Grapevine and to distribute the surveys via email, Web intercept, Web site link or other technologies to potential survey respondents. Members must supply their own email list of survey respondents. Members may also purchase access to additional Services on a subscription basis. In exchange for use of the Services and the Site, Member acknowledges Member’s obligations as set forth in the Terms of Agreement and agrees to use the Services and the Site in compliance with the Terms of Agreement.

 3. MODIFICATION OF SERVICES PROVIDED; TERMS OF AGREEMENT.

Member acknowledges and agrees that Grapevine may, with or without notice, modify, delete, or amend the Services and/or Site provided hereunder. Further, Member acknowledges and agrees that Grapevine may further modify, delete or amend the Terms of Agreement from time to time, including charging a fee or fees for some services. In either event, Grapevine will notify Member of any modification in fees by email or in a newsletter. If Member does not accept the modification, deletion or amendment, Member must terminate Member’s membership at that time. Any and all use of the Site or the Services by Member after the notice is posted shall be deemed to be acceptance of the modification, deletion or amendment (as well as all other terms and conditions) to the Services, Site or Terms of Agreement.

4. PAYMENT TERMS

Member agrees to pay all charges to Member’s account, including any applicable taxes, at the rates in effect when the charges are incurred. Grapevine may change the fees and charges then in effect, or add new fees or charges, by giving Members notice in advance, when the change affects the Member. Member must provide Grapevine with valid credit card (or net 30 days terms if approved) information, and must promptly inform Grapevine of any changes in credit card validity or expiration date. Grapevine will keep Member’s credit card information confidential, and ensure that credit card processing takes place in a secure environment. Grapevine reserves the right to suspend or terminate Member’s account and access to the Services. Grapevine reserves the right to terminate Member’s subscription at any time. Member may also purchase Grapevine products or services from an authorized Channel Partner and arrange terms of payment with that Channel Partner. Grapevine reserves the right to suspend or terminate Member’s account and access to the Services. Grapevine reserves the right to terminate Member’s subscription at any time.

5. REGISTRATION & PASSWORD.

Member is solely responsible for maintaining the confidentiality of Member’s password and account information. Member shall immediately notify Grapevine of any unauthorized account activity, or any unauthorized use of Member’s email list(s) or any other breach of security known to Member.

6. PRIVACY.

Grapevine is committed to its policy of protecting the privacy and confidential information of the Members.

7. DISCLAIMER OF WARRANTIES.

MEMBER EXPRESSLY ACKNOWLEDGES AND AGREES THAT USE OF THE SERVICE AND THE SITE IS AT MEMBER’S SOLE RISK. THE SERVICE AND THE SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.

TO THE FULLEST EXTENT ALLOWED BY LAW, Grapevine EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. THE CONTENTS OF THE SERVICES OR THE SITE MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. Grapevine ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN CONTENT.

Grapevine IS NOT RESPONSIBLE FOR THE CONTENTS OF ANY SURVEY OR INVITATIONS TO TAKE SURVEYS OR INVITATIONS TO VIEW SURVEY RESULTS CREATED ON OR THROUGH THE SERVICE NOR IS IT RESPONSIBLE FOR THE RESPONSES SUBMITTED TO ANY SURVEY REQUESTS OR FOR THE RESULTS GENERATED BY SURVEY RESPONSES. Grapevine DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE RELIABILITY OR ACCURACY OF THE REGISTRATION INFORMATION SUPPLIED TO Grapevine NOR THE RESPONSES OR INFORMATION SUPPLIED BY PANELISTS TO MEMBERS IN RESPONSE TO SURVEYS. Grapevine DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE CONSEQUENCES OF THE USE OF ANY SURVEY, SURVEY RESPONSES OR SURVEY RESULTS NOR DOES Grapevine WARRANT THE CORRECTNESS, USEFULNESS, RELIABILITY, ACCURACY OR OTHERWISE OF ANY SURVEY, SURVEY RESPONSES OR SURVEY RESULTS. Grapevine IS NOT RESPONSIBLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION, LOST PROFITS, BUSINESS INTERRUPTION OR OTHER LOSS RESULTING FROM USE OF OR RELIANCE IN ANY WAY ON ANY SURVEY, SURVEY RESPONSES OR SURVEY RESULTS CREATED ON OR THROUGH THE SERVICE OR THE SITE.

IT IS SOLELY MEMBER’S RESPONSIBILITY TO EVALUATE THE ACCURACY, RELIABILITY, COMPLETENESS AND USEFULNESS OF ANY SURVEYS, SURVEY RESPONSES, SURVEY RESULTS OR OTHER INFORMATION RECEIVED WHILE USING THE SERVICE OR SITE.

Grapevine MAKES NO WARRANTY THAT THE SERVICE OR SITE WILL MEET MEMBER’S REQUIREMENTS OR THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, VIRUS-FREE, ERROR-FREE, ACCURATE OR RELIABLE; NOR DOES Grapevine MAKE ANY WARRANTY AS TO ANY INFORMATION THAT MAY BE OBTAINED THROUGH THE SERVICE OR SITE OR THAT DEFECTS IN THE SOFTWARE FOR THE SERVICE WILL BE CORRECTED OR THAT THE SITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

MEMBER UNDERSTANDS AND AGREES THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH USE OF THE SERVICE OR SITE IS DONE AT MEMBER’S OWN DISCRETION AND RISK AND THAT MEMBER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO MEMBER’S COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL OR DATA.

Grapevine MAKES NO WARRANTY REGARDNG ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH THE SERVICE OR SITE OR ANY TRANSACTIONS ENTERED INTO THROUGH OR BASED UPON THE SERVICE OR THE SITE.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY MEMBER FROM THE SERVICE OR SITE OR THROUGH THE SERVICE OR SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

8. LIMITATION OF LIABILITY.

TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, NEITHER Grapevine NOR ANY PARENT ENTITIES, SUBSIDIARIES, AFFILIATES, OFFICERS OR EMPLOYEES SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF MEMBER’S ACCESS TO, USE OF, INABILITY TO USE, OR RELIANCE ON THE SERVICE OR ANY SURVEYS, SURVEY RESPONSES OR SURVEY RESULTS, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF MEMBER IS DISSATISFIED WITH THE SERVICE, THE MATERIALS AVAILABLE ON OR THROUGH THE SERVICE OR THE SITE, OR WITH ANY OF THE TERMS OF AGREEMENT, MEMBER’S SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICE AND LEAVE THE SITE IMMEDIATELY.

9. OTHER PROHIBITED USES

Member agrees not to transmit through the Service or the Site any pornographic, obscene, offensive, threatening, harassing, libelous, hate-oriented, harmful, defamatory, racist, illegal or otherwise objectionable material or content. Member shall not send any transmission that attempts to hide Member’s identity or represents Member as someone else. Any attempt by Member to transmit, publish or distribute material or content that promotes, provides or relates to instructional information about illegal activities or promotes physical harm or injury against any individual or group is strictly forbidden. Member specifically agrees not to use the Service or the Site to send any materials, including surveys and requests to take surveys, to any persons under 18 years of age unless and until the member has taken and follows all necessary action and compliance pursuant to provincial/state and federal laws. Member agrees not to upload or distribute in any way any files that contain viruses, corrupted files or any similar software or programs that may damage the operation of anyone else’s computer, the Service or the Site. Member agrees not to interfere or disrupt networks connected to the Service and the Site. Any attempt by Member to gain unauthorized access to any computer system, including accounts, lockers or databases maintained by and for Grapevine, is strictly forbidden. Member agrees to comply with all applicable laws relating to such conduct. Member agrees to comply with all laws, rules and regulations regarding transmission of technical data exported from Canada. If Member engages in any activity set forth in this paragraph or violates any terms or conditions of the Terms of Agreement, Member’s account will be terminated and use of the Service and Site prohibited. Grapevine will report such conduct to the appropriate authorities and turn over any and all information, regarding such activity to appropriate persons or entities.

10a. PROPRIETARY RIGHTS.

Grapevine owns the content including the graphics, names, text, software, music, videos, sound, pictures, compilations, survey templates, surveys, page layout, design, processes, procedures, magnetic translation, digital conversion or other material contained in the Service and the Site to the extent such content is provided and/or designed by Grapevine. It is all protected by copyrights, trademarks, service marks, patents, or other proprietary rights and laws. No one may copy, reproduce, distribute in any way, or decompile, reverse engineer or disassemble the content. Member is permitted the limited license to use the content of the Service and the Site as authorized herein to create surveys and view survey responses and survey results for Member’s personal use as an end product only, and Member must at all times maintain Grapevine’s copyright symbol on the product in any form or medium. Member owns its surveys, survey responses, survey results and related survey data (“Member’s Content”), and Member assumes the entire risk of disclosing Member’s Content to third parties. Modification or use of Grapevine’s content in any prohibited way is a violation of copyright and other proprietary laws. No one may copy, reproduce, transmit, post, distribute or create derivative works from this Site without prior express authorization.

10b. NO MISAPPROPRIATION OF MISUSE OF NAMES, MARKS, OTHER PROPRIETARY MATERIAL.

Survey results are maintained as long as the membership is active and in good standing. After the membership has ended, the results will not be accessible. If you subscribe to Grapevine’s membership, there are no storage limitations while you are a subscriber. Grapevine may from time to time publish notices regarding the maximum allowable memory space, number of survey respondents, number of surveys or number of survey questions that may be created, saved, sent or used through the Site.

10c. DATABASE AND STORAGE OF SURVEYS, RESPONSES AND RELATED SURVEY DATA.

Grapevine owns the content including the graphics, names, text, software, music, videos, sound, pictures, compilations, survey templates, surveys, page layout, design, processes, procedures, magnetic translation, digital conversion or other material contained in the Service and the Site to the extent such content is provided and/or designed by Grapevine. It is all protected by copyrights, trademarks, service marks, patents, or other proprietary rights and laws. No one may copy, reproduce, distribute in any way, or decompile, reverse engineer or disassemble the content. Member is permitted the limited license to use the content of the Service and the Site as authorized herein to create surveys and view survey responses and survey results for Member’s personal use as an end product only, and Member must at all times maintain Grapevine’s copyright symbol on the product in any form or medium. Member owns its surveys, survey responses, survey results and related survey data (“Member’s Content”), and Member assumes the entire risk of disclosing Member’s Content to third parties. Modification or use of Grapevine’s content in any prohibited way is a violation of copyright and other proprietary laws. No one may copy, reproduce, transmit, post, distribute or create derivative works from this Site without prior express authorization.

11. LINKS AND ADVERTISERS.

Grapevine may provide advertising space and/or links and pointers to Internet sites maintained by third parties. Grapevine has not reviewed all of the third party sites nor reviewed any products or services they may provide. Grapevine is not responsible for nor does it endorse the contents or any products or services of such third parties or their sites. Grapevine DOES NOT CONTROL IN ANY RESPECT ANY INFORMATION, PRODUCTS OR SERVICES OFFERED OR SUGGESTED BY THIRD PARTIES ON THE SITE. Grapevine DOES NOT ENDORSE OR OTHERWISE WARRANT OR GUARANTEE THE PRODUCTS OR SERVICES THAT ARE EITHER ADVERTISED ON THE SITE OR CONNECTED BY LINK.

12. TERMINATION.

These terms of Agreement may be terminated by either party hereto at any time. Grapevine shall not be liable to Member or any third party in any manner for termination of the Service. In the event Member should become dissatisfied with the Terms of Agreement or any modifications thereof, or with the Service or the Site, Member’s only recourse is to discontinue use of the Service, terminate the membership and give notice of these actions. Upon termination, Member’s right to use the Service and the Site cease immediately and Grapevine shall have no obligation whatsoever to forward any surveys, survey responses, survey results or refunds of subscription fees to the Member.

13. IMDEMNIFICATION.

Member agrees to defend, indemnify and hold harmless Grapevine, its parent entities, subsidiaries, affiliates, officers, and employees, for any and all claims and demands, including attorney’s fees, due to or arising from Member’s use of the Service, surveys, survey responses, survey results and any other conduct related in any way to the Service or the Site, including but not limited to breaching any warranty or provision contained in these Terms of Agreement.

14. JURISDICTION.

Grapevine may provide advertising space and/or links and pointers to Internet sites maintained by third parties. Grapevine has not reviewed all of the third party sites nor reviewed any products or services they may provide. Grapevine is not responsible for nor does it endorse the contents or any products or services of such third parties or their sites. Grapevine DOES NOT CONTROL IN ANY RESPECT ANY INFORMATION, PRODUCTS OR SERVICES OFFERED OR SUGGESTED BY THIRD PARTIES ON THE SITE. Grapevine DOES NOT ENDORSE OR OTHERWISE WARRANT OR GUARANTEE THE PRODUCTS OR SERVICES THAT ARE EITHER ADVERTISED ON THE SITE OR CONNECTED BY LINK.

15. NATURE OF AGREEMENT.

Member agrees that the registration procedure, account set-up and subsequent activation of the “Submit” button constitute agreement to the Terms of Agreement. Further, the Terms of Agreement is the entire and only agreement between the parties and supersedes any prior or other understandings, representations or warranties. Member agrees that each use of the Services and the Site reaffirms Member’s acknowledgment and agreement to the Terms of Agreement.

16. GENERAL PROVISIONS.

In any dispute arising from the relationship between Member and Grapevine or the Terms of Agreement, the prevailing party shall be entitled to reasonable attorney’s fees and costs. The failure by Grapevine to enforce any right or provision under the Terms of Agreement shall not constitute a waiver of that provision or any other provision of the Terms of Agreement. If any provision of the Terms of Agreement shall be determined to be invalid or unenforceable by a court of competent jurisdiction, the other provisions of the Terms of Agreement shall remain in full force and effect.

17. MONEY BACK GUARANTEE.

If no more than a total of 30% of the purchased license capacity has been used, the Customer has a 30 day period starting upon purchase (“Acceptance Period to determine whether the Software and Hosted Service comply with Customer’s requirements. If Customer determines that the Software and Hosted Service do not so comply, Customer can submit a cancellation request to Grapevine Surveys in writing and, (i) Grapevine Surveys will immediately cease providing the Hosted Service to Customer; (ii) Customer’s license to use the Software and Hosted Service will cease; (iii) this Agreement will be terminated and of no force or effect; and (iv) Grapevine Surveys will return any payments it has received relating to the Hosted Service. In the event that Customer has not provided Grapevine Surveys with written notice of its non-acceptance of the Software and Hosted Service on or before expiration of the Acceptance Period, such failure to provide notice shall constitute acceptance of the Software and Hosted Service.

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