Terms & Conditions of Feedback Now, Inc.
The most important element in a company is the customer or client because without customers, there is no business. This is the reason why gathering customer feedback is vital for every business.
In today’s competitive marketplace, your organization must evaluate the services you provide from the standpoint and experience of a customer to be competitive.
Feedback Now, Inc.* (“Feedback Now”) d/b/a 13hats is your connection to your customers, to help you make decisions that will grow your business through customer incentives and by retaining customers because you are better able to identify, understand and meet their needs.
Feedback Now provides equipment, software and analysis that enables you to gather information from and about customers/clients at the point of service and to offer incentives and rewards to build a loyal and growing customer base (“Services”).
We appreciate your use and confidence in Feedback Now’s products and services.
These Terms and Conditions contain the understandings and agreements under which Feedback Now and its affiliates provide their Services to you and describe how the Services may be accessed and used. You indicate your agreement to these Terms and Conditions by executing a document that references them, or by using the Services.
If you will be using the Services on behalf of an organization, you agree to these Terms on behalf of that organization and you represent that you have the authority to do so. In such case, “you” and “your” will refer to that organization.
You agree to use the equipment, Software and the Service in accordance with these Terms and Conditions and will use them only for lawful purposes.
1.1. Fees for Services. You agree to pay to Feedback Now any fees the Services you purchase or use in accordance with the pricing and payment terms presented to you for that Service. Fees paid by you are non-refundable, except as provided in these Terms and Conditions, by your subscription agreement or when required by law.
1.2. Billing. You will be billed in advance on a recurring, periodic basis, typically monthly or annually. depending on the plan you select when purchasing the Services or subscribing.
1.4. Price Changes. Feedback Now may change the fees charged for the Services at any time, provided that the change will become effective only at the end of the then-current billing cycle provided for in your Service Plan.
2.1. Privacy. In order to provide our services, we will need to share your personal data with third parties. You agree and accept that, in order to be able to provide Feedback Now’s, the data you provide to Feedback Now can be shared between Feedback Now and with contractors that are specifically hired by Feedback Now to provide services to us and to our users.
2.2. Confidentiality. Feedback Now will treat your Content as confidential information and only use and disclose it in accordance with these Terms and Conditions (including our privacy policies). However, your Content is not regarded as confidential information if such Content: (a) is or becomes public (other than through breach of these Terms by Feedback Now); (b) was lawfully known to Feedback Now before receiving it from you; (c) is received by Feedback Now from a third party without knowledge of breach of any obligation owed to you; or (d) was independently developed by Feedback Now without reference to your Content.
2.3. Disclosure of Relationship. You authorize Feedback Now to disclose the business relationship between you and Feedback Now for use in Feedback Now’s publicity or marketing purposes.
3.1. You Retain Ownership of Your Content. You retain ownership of all of your intellectual property rights in your Content. Feedback Now does not claim ownership over any of your Content. These Terms do not grant us any licenses or rights to your Content except for the limited rights needed for us to provide the Services, and as otherwise described in these Terms.
4.1. Feedback Now IP. Neither these Terms nor your use of the Services grants you ownership in the Services or the content you access through the Services (other than your Content). The Content presented to you as part of the Website and/or the Services, including, but not limited to, advertisements, may be owned by us or by third parties and is protected by intellectual property rights under both United States and foreign laws. You have no rights in or to the Content, and you will not use the Content except as may be permitted under this Agreement. The trademarks, service marks, and logos of Feedback Now (the “Feedback Now Trademarks”) used and displayed on the Services are registered and unregistered trademarks or service marks of Feedback Now. Other company, product, and service names located on the Services may be trademarks or service marks owned by others (the “Third-Party Trademarks,” and, collectively with Feedback Now Trademarks, the “Trademarks”). Nothing on the Website or the Services should be construed as granting, by implication, estoppel, or otherwise, any license or right to use the Trademarks, without our prior written permission specific for each such use. All goodwill generated from the use of the Feedback Now Trademarks inures to our benefit.
5.1. NO WARRANTIES/LIMITATION OF LIABILITY
THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND. WE SHALL NOT BE SUBJECT TO LIABILITY FOR ANY DELAYS, ERRORS IN DELIVERY OF DATA OR INTERRUPTIONS OF THE SERVICES FROM WHATEVER CAUSE. YOU AGREE THAT YOU USE THE SERVICES AT YOUR OWN RISK. WE DO NOT WARRANT THAT THE SERVICES WILL OPERATE ERROR-FREE.
IN NO EVENT SHALL WE BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO USE THE WEBSITE OR THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW EXCLUSION OF IMPLIED WARRANTIES OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH STATES, OUR LIABILITY SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
5.2 Hosting Service Level Agreement. Hosting services are currently provided through Peer 1 Hosting (“Peer 1”), its parent company, and their affiliates and subsidiaries. The Peer 1 Service Level Agreement which may be found at www.peer1.com/about-us/legal/sla (or that of any subsequent Hosting Service retained by Feedback Now governs the use and extent of all hosting services.
6.1. INDEMNIFICATION. You agree to defend, indemnify, and hold us and our officers, directors, employees, successors, agents, and assigns harmless from and against any claims, actions, or demands, including, without limitation, reasonable legal and accounting fees, arising or resulting from your breach of this Agreement and/or your use of the Services.
7.1. Legal Compliance. You must use the Services in compliance with, and only as permitted by, applicable law.
8.1. Your Responsibilities. You must comply with the following requirements when using the Services:
(a) You may not misuse our Services by interfering with their normal operation, or attempting to access them using a method other than through the interfaces and instructions that we provide.
(b) You may not circumvent or attempt to circumvent any limitations that Feedback Now imposes on your account (such as by opening up a new account to conduct a survey that we have closed for a Terms violation).
(c) Unless authorized by Feedback Now in writing, you may not probe, scan, or test the vulnerability of any Feedback Now system or network.
(d) You may not transmit any viruses, malware, or other types of malicious software, or links to such software, through the Services.
(e) You may not use the Services to infringe the intellectual property rights of others, or to commit an unlawful activity.
(f) You will return any equipment provided to you by Feedback Now within 10 business days of the termination of the Service irrespective of the reason for termination or whether you or Feedback Now cancelled the service.
9.1. Termination By You. If you terminate the Service in the middle of a billing cycle, you will not receive a refund for any period of time you did not use in that billing cycle unless you are terminating the agreement in accordance with its terms or for our breach and have so notified us in writing, or unless a refund is required by law.
9.2. Termination By Feedback Now. Feedback Now may limit, suspend, or stop providing the Services to you if you fail to comply with these Terms (such as a failure to pay fees when due), or if you use the Services in a way that causes legal liability to us or disrupts others’ use of the Services. Feedback Now may also suspend providing the Services to you if we are investigating suspected misconduct by you. If we suspend or terminate the Services you receive, we will endeavor to give you advance notice and an opportunity to export a copy of your Content from that Service. However, there may be time sensitive situations where Feedback Now may decide that we need to take immediate action without notice. Feedback Now has no obligation to retain your Content upon termination of the applicable Service.
10.1. Changes to Terms. Feedback Now may change these Terms at any time for a variety of reasons, such as to reflect changes in applicable law or updates to Services, and to account for new Services or functionality. Any changes will be posted to the location at which those terms appear. Feedback Now may also provide notification of changes on its blog or via email. Changes will be effective no sooner than the day they are publicly posted. In order for certain changes to become effective, applicable law may require Feedback Now to obtain your consent to such changes, or to provide you with sufficient advance notice of them. If you do not want to agree to any changes made to the terms for a Service, you should stop using that Service, because by continuing to use the Services you indicate your agreement to be bound by the updated terms.
10.2. Changes to Services. Feedback Now constantly changes and improves the Services. Feedback Now may add, alter, or remove functionality from a Service at any time without prior notice. Feedback Now may also limit, suspend, or discontinue a Service at its discretion. If Feedback Now discontinues a Service, we will give you reasonable advance notice to provide you with an opportunity to export a copy of your Content from that Service. Feedback Now may remove content from the Services at any time in our sole discretion, although we will endeavor to notify you before we do that if it materially impacts you and if practicable under the circumstances.
11.1. Consumers Rights. We acknowledge that the laws of certain jurisdictions provide legal rights to consumers that may not be overridden by contract or waived by those consumers. If you are such a consumer, nothing in these Terms and Conditions limits any of those consumer rights.
12.1. Use of Services/Customer Responsibility. You represent and warrant that you are at least 18 years of age or, as applicable, the age of majority in the state or province in which you reside, and that you possess the legal right and ability to enter into this Agreement. If you are registering on behalf of a corporation you warrant that you have the authority to bind the corporation. You agree to be financially responsible for your use of the Services (as well as for use of your account by others, including minors living with you) and to comply with your responsibilities and obligations as stated in this Agreement.
You must (a) obtain and pay for all equipment and third-party services (e.g., telephone and computer equipment) required for you to access and use the Services; (b) maintain the security of your password, PIN number and other confidential information relating to your account and; (c) be responsible for all charges resulting from use of your account, including unauthorized use prior to your notifying Feedback Now of such use and taking steps to prevent its further occurrence.
Images hosted by Feedback Now on Feedback Now controlled servers may only be used in connection with the Services and for no other purpose whatsoever. To the extent you use images provided by Feedback Now, Feedback Now hereby grants to you a limited, non-exclusive, non-transferable sublicense to use the images in an unaltered state solely in connection with your use of the Services.
12.2. No Unlawful or Prohibited Use. As a condition of your use of the Services, you will not use the Services for any purpose that is unlawful or prohibited by this Agreement and any notices. You may not use the Services in any manner that could damage, disable, overburden, or impair any Feedback Now server, or the network(s) connected to any Feedback Now server, or interfere with any other party’s use and enjoyment of any Services. You may not attempt to gain unauthorized access to any Services, other accounts, computer systems or networks connected to any Feedback Now server or to any of the Services, through hacking, password mining or any other means. You will not use or register the name Feedback Now or any other trade name or trade mark of Feedback Now without express, prior permission, and you will not obstruct the identification procedures used by Feedback Now in the Services.
You represent that the information submitted for transmission via the Feedback Now network for the Services is for lawful purposes only and that the transmission of messages or files is not in violation of any federal, state or provincial laws including, but not limited to, encouraging conduct that would constitute a criminal offense, infringe third party rights, give rise to civil liability or otherwise violate any local, provincial, state, national or other law. You may not use the Services to upload, post, reproduce or distribute, in any way, any information, software or other material protected by copyright or any other intellectual property right without first obtaining the permission of the copyright holder. You agree to comply with all applicable laws, regulations, or conventions including those related to Do-Not-Call provisions, faxing, telemarketing, email marketing, anti-spam, anti-phishing, data privacy, international communications, and export of technical or personal data.
You are fully responsible for the content of your transmissions through the Services and agree and acknowledge that you are the creator of all content, and that Feedback Now is not the author or publisher of any content and Feedback Now does not rent or sell lists of any kind. Feedback Now simply acts as a passive conduit for you to send and receive information of your own choosing.
You shall not use the Services to store (1) any “protected health information” (as such term is used in the Health Insurance Portability and Accountability Act of 1996, Pub. L. No. 104-191), or (2) any other type of information that imposes independent obligations upon Feedback Now.
Feedback Now prohibits the use of the Services or web sites by any person or entity that, encourages, promotes, provides, sells or offers to sell products or content relating to illegal or fraudulent activities (or services related to the same): including, but not limited to, illegal drugs; pirated computer programs; instructions on how to assemble or otherwise make bombs, grenades or other weapons; material that exploits children, encourages violence, spam, obscenity/sexually explicit, and similar activities. This is not an exhaustive list, and Feedback Now, in its sole discretion, may determine whether your use is prohibited and its determination shall be final, binding and conclusive for all purposes under this Agreement. Feedback Now will terminate your use of its Services if Feedback Now determines such prohibited content or use is in violation of this Agreement. Any information stored on the Feedback Now servers that is deemed to be unlawful or in contravention of this Agreement or legal and regulatory requirements may be deleted at any time by Feedback Now without notice. Feedback Now reserves the right to remove any image which contravenes this Agreement without notice to you.
Feedback Now does not:
- Represent or endorse the accuracy or reliability or any opinion, advice or statement made through the Services.
- Assume liability for any harassing, offensive or obscene/sexually explicit material distributed through the Services by you or others under your account.
- Assume any liability for any material distributed through the Services by you or others under your account which is distributed in violation of any third party’s copyright or other intellectual property right.
- Assume liability for claims concerning unsolicited fax, email or voice messages sent by you or others under your account including, as applicable, but not limited to, the Telecommunications Act*, S.C. 1993, c. 38, as amended,(Telecommunications Act), the Canadian Radio-television and Telecommunications Commission Unsolicited Telecommunications Rules*, as may be amended from time to time, (see URL: http://www.crtc.gc.ca/eng/trules-reglest.htm*) (the Unsolicited Telecommunications Rules), the Personal Information Protection and Electronic Documents Act, S.C. 2000, c. 5, as amended, (PIPEDA*), the Telephone Consumer Protection Act of 1991*, FTC regulations, and the Can-Spam Act*.
Feedback Now reserves the right at all times to disclose any information as Feedback Now deems necessary to satisfy any applicable law, regulation, legal process or governmental request. Feedback Now reserves the right but is not obligated to review the content of any of your messages for compliance with this Agreement and other legal requirements upon receipt of a complaint. Feedback Now further reserves the right to take any other action with respect to the Services that Feedback Now deems necessary or appropriate, in its sole discretion, if Feedback Now believes you or your information may create liability for Feedback Now or others, compromise or disrupt the Services for you or other Customers, or cause Feedback Now to lose (in whole or in part) the services of Feedback Now ‘ ISPs or other suppliers.
You agree to indemnify and hold Feedback Now (and its Affiliates and Suppliers) and its agents, business associates, resellers, licensors, and suppliers (collectively, Suppliers) harmless from any and all direct, indirect or consequential claims, losses, damages, judgments, expenses and costs (including, but not limited to, any attorney’s fees and expenses) arising out of your use of the Services, your violation of the Agreement, and the delivery of any of your messages and documents using the Services, or the infringement of any trademark or copyright by you.
13.1. Ownership. All programs, services, processes, designs, software, technologies, trademarks, trade names, inventions and materials comprising the Services are wholly owned by Feedback Now and/or its licensors and service providers except where expressly stated otherwise.
13.2. Hardware. In the event you are leasing from or are provided any hardware (including access points) by Feedback Now, you agree to return all such hardware not later than 15 days after termination of Services (whether such termination is by you or Feedback Now) in good functional condition at the following address: Feedback Now at 4100 North 41 Street, Hollywood, Florida 33021, or such other location directed by Feedback Now. In the event the hardware is not returned timely and in accordance with this paragraph, you agree to pay $500 for each access point leased as well as the actual retail price of any other leased hardware.
14.1. Governing Law. The Terms and Conditions contained in this agreement are governed by the internal substantive laws of the State of Florida, without respect to its conflict of law provisions. You expressly agree: (i) to submit to the exclusive personal jurisdiction of the state and federal courts sitting in the State of Florida; and (ii) that the Services shall be deemed passive that do not give rise to personal jurisdiction over Feedback Now either specific or general, in jurisdictions other than Florida. YOU AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICES MUST COMMENCED BY YOU WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE SUCH CAUSE OF ACTION IS PERMANENTLY BARRED. If any provision of this Agreement is found to be invalid by any court having competent jurisdiction or terminated in accordance with the Termination provision above, the invalidity or termination of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect.
14.2. No Waiver. A party’s failure or delay to enforce a provision under these Terms is not a waiver of its right to do so later.
14.3. Severability. If any provision of these Terms is determined to be unenforceable by a court of competent jurisdiction, that provision will be severed and the remainder of terms will remain in full effect.