Add-A-Form® - The easiest way to add Surveys, Polls, Questionnaires, and other Feedback Forms to Your Web Site

The easiest way to add Surveys, Polls, Questionnaires and other Feedback Forms to Your Web Site.

Add-A-Form® Terms of Service

By using Add-A-Form you agree to the following Terms of Service. Please read them carefully.
1. ACKNOWLEDGMENT AND ACCEPTANCE OF TERMS OF SERVICE
Add-A-Form (the "Service"), is provided to you ("User") under the following Terms of Service (the "FTS") and any operating rules or policies that may be published from time to time by Add-A-Form. The FTS comprises the entire agreement between User and Add-A-Form and supersedes all prior agreements between the parties regarding this subject matter. Please report any violations of the FTS to info@addaform.com. BY COMPLETING THE REGISTRATION PROCESS YOU ARE INDICATING YOUR AGREEMENT TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THE FTS.
2. DESCRIPTION OF SERVICE
Add-A-Form provides User with a capability to create and manage online database-backed forms via the World Wide Web. Add-A-Form provides three different versions of the service, one free (the Basic service) and two for a monthly fee (the Professional services). Add-A-Form does not currently charge for the Basic Service, but reserves the right in the future to charge a fee for use of the Service. User must: (1) provide all equipment, including computer and modem, necessary to establish a connection to the World Wide Web and (2) pay any service fees associated with such access. User understands that Add-A-Form provides no guarantee of assistance for the Basic Service, including any technical or customer support, to the User, and that your use of the Service is at your own risk.
In consideration for use of this Service, User agrees to: (1) provide current, complete, and accurate information about User as prompted to do so by the Service and (2) maintain and update this information as required to keep it current, complete and accurate. This information shall be referred to as Registration Data ("Registration Data"). If any information provided by User is untrue, inaccurate, not current or incomplete, Add-A-Form has the right to terminate User's account and refuse any and all current or future use of the Service. User agrees that Add-A-Form may disclose to third parties certain Registration Data and certain information about User's use of the Service provided that such disclosures do not include User's name, mailing address, email address, telephone or facsimile number, except as authorized by User (or any other person User may designate) or in the good faith belief that such action is reasonably necessary to comply with the law or legal process, or as set forth in Paragraph 5 below. (3) always include a reference and link to the Add-A-Form World Wide Web site with any form generated by this Service.
3. MODIFICATIONS TO TERMS OF SERVICE
Add-A-Form may change the terms and conditions of the FTS from time to time with or without notice to you. Any amendment shall be effective immediately with or without notice. Each use by you of the Service reaffirms your acceptance of, and your agreement to be bound and to abide by, the FTS as amended. All changes to the FTS will be published on the Add-A-Form World Wide Web site.
4. MODIFICATIONS TO SERVICE
Add-A-Form reserves the right to modify or discontinue, temporarily or permanently, the Service for any reason, at its sole discretion, with or without notice to User. User agrees that Add-A-Form shall not be liable to User or any third-party for any modification or discontinuance of the Service.
5. PRIVACY POLICY
Add-A-Form considers the data that users include on the Service to be the private information of its users. Add-A-Form will not monitor, edit or disclose information about a User or a User's private content, except that User agrees Add-A-Form may do so in the good faith belief that such action is reasonably necessary:(a) to comply with the law; (b) to comply with legal process; (c) to enforce the FTS; (d) to respond to claims that such data violates the rights of third parties; and (e) to protect the interests of Add-A-Form or others.
User acknowledges and agrees that Add-A-Form may access its data and other tools of the Service as necessary to identify or resolve technical problems or to respond to service complaints. User acknowledges and agrees that certain technical processing of information is and may be required (a) to send and receive such data; (b) to perform searching and sorting; (c) to conform to the technical requirements of connecting networks; (d) to conform to the technical requirements of the Service; or (e) to conform to other, similar technical requirements.
User acknowledges and agrees that Add-A-Form does not endorse any content created or transmitted via the Service and is not responsible or liable for any unlawful, harassing, libelous, privacy invading, abusive, threatening, harmful, vulgar, obscene, tortious, or otherwise objectionable content, or content that infringes or may infringe the intellectual property or other rights of another.
6. USER ACCOUNT, PASSWORD, AND SECURITY
User can create an Add-A-Form ID and password upon completing the registration process. User is responsible for maintaining the confidentiality of the login name and password and for any and all activities that occur under User's password or account. User agrees to immediately notify Add-A-Form of any unauthorized use of User's account or any other breach of security known to User.
7. DISCLAIMER OF WARRANTIES
USER EXPRESSLY AGREES THAT USE OF THE SERVICE IS AT USER'S SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS.
ADD-A-FORM EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
ADD-A-FORM MAKES NO WARRANTY THAT THE SERVICE WILL MEET YOUR REQUIREMENTS, OR THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES Add-A-Form MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICE OR THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED.
USER UNDERSTANDS AND AGREES THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT USER'S OWN DISCRETION AND RISK AND THAT USER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO USER'S COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA.
ADD-A-FORM MAKES NO WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH THE SERVICE OR ANY TRANSACTIONS ENTERED INTO THROUGH THE SERVICE.NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY USER FROM ADD-A-FORM OR THROUGH THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
8. LIMITATION OF LIABILITY
ADD-A-FORM SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, RESULTING FROM THE USE OR THE INABILITY TO USE THE SERVICE OR FOR COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES OR RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR DATA RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH THE SERVICE OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF USER'S TRANSMISSIONS OR DATA, OR ARISING FROM ANY OTHER MATTER RELATING TO THE SERVICE, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLE, EVEN IF ADD-A-FORM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
USER FURTHER AGREES THAT ADD-A-FORM SHALL NOT BE LIABLE FOR ANY DAMAGES ARISING FROM INTERRUPTION, SUSPENSION OR TERMINATION OF SERVICE, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, SPECIAL CONSEQUENTIAL OR EXEMPLARY DAMAGES, WHETHER SUCH INTERRUPTION, SUSPENSION OR TERMINATION WAS JUSTIFIED OR NOT, NEGLIGENT OR INTENTIONAL, INADVERTENT OR ADVERTENT
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
9. NO RESALE OF THE SERVICE
User's right to use the Service is personal to User. User agrees not to reproduce, duplicate, copy, sell, or resell the Service or use of or access to the Service.
10. DATA STORAGE
Add-A-Form assumes no responsibility for the deletion or failure to store any data or other information included by User on the Service. Add-A-Form may establish an upper limit on the amount of memory and the number of records a User may store through the Service.
11. USER CONDUCT
User agrees to abide by all applicable local, state, national, and international laws and regulations in User's use of the Service, and agrees not to interfere with the use and enjoyment of the Service by other users. User agrees to be solely responsible for User's actions and the contents of User's entries through the Service. User agrees not to impersonate any person or entity, including but not limited to, a Add-A-Form official, falsely state or otherwise misrepresent your affiliation with a person or entity.
User agrees: (1) to comply with all laws regarding the transmission of technical data exported from the United States through the Service; (2) not to upload or distribute in any way files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer; (3) not to use the Service for illegal purposes; (4) not to interfere or disrupt networks connected to the Service; and (5) to comply with all regulations, policies and procedures of networks connected to the Service. User agrees not to post, promote or transmit through the Service any unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene, hateful, racially, ethnically or otherwise objectionable material of any kind or nature. User further agrees not to transmit or post any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or international law or regulation. User shall not interfere with another User's use and enjoyment of the Service or another entity's use and enjoyment of similar services. Add-A-Form may, at its sole discretion, immediately terminate User's access to the Service should User's conduct fail to conform to these terms and conditions of the FTS. Add-A-Form may, but is not in any way obligated to, enforce these FTS against any user.
12. INDEMNIFICATION
User agrees to indemnify and hold Add-A-Form, its subsidiaries, affiliates, officers and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of User's use of the Service, the violation of this FTS by User, or the infringement by User of any intellectual property or other right of any person or entity.
13. TERMINATION
User agrees that Add-A-Form may terminate User's password, account or use of the Service and, in Add-A-Form's discretion, terminate User's use of Add-A-Form's other services for any reason, for any reason, at its sole discretion, including, without limitation, if Add-A-Form believes (a) that User has violated or acted inconsistently with the letter or spirit of the FTS, or (b) that User has violated the rights of Add-A-Form or other Users or parties. User further agrees that Add-A-Form may terminate Basic User's password, account or use of the Service if User fails to use the Service at least one time during a reasonable period of time as determined by Add-A-Form from time to time which period shall not be less than three months. Premier users will not be terminated for lack of use.
Users of the Premier Service agree that if User fails to pay the monthly fee within 30 days Add-A-Form may terminate User's account.
User acknowledges and agrees that any termination of service under this Agreement under any provision of this Agreement may be effected without prior notice, and acknowledges and agrees that Add-A-Form may immediately delete and discard all information and files in User's account and bar any further access to such files or the Service.
14. NOTICE
All notices to a party shall be in writing and shall be made either via email or conventional mail. In addition, Add-A-Form may post notices or links to notices through the Service to inform User of changes to the FTS, the Service, or other matters of importance.
15. PARTICIPATION IN PROMOTIONS OF ADVERTISERS
User's correspondence with or participation in promotions of advertisers found on the Service, including the delivery of and the payment for goods and services, and any other terms, conditions, warranties or representations associated with such correspondence or promotions, are solely between User and the advertiser. User agrees not to hold Add-A-Form liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Service.
16. PROPRIETARY RIGHTS TO CONTENT
User acknowledges and agrees that content, including but not limited to text, software, music, sound, photographs, video, graphics or other material contained in sponsor advertisements or other information presented to User through the Service ("Content") is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. User is only permitted to use this Content as expressly authorized by Add-A-Form or the Service, and may not copy, reproduce, distribute, or create derivative works from this Content without express authorization.
17. GENERAL
The FTS and the relationship between User and Add-A-Form shall be governed by the laws of the State of California without regard to its conflict of law provisions. User and Add-A-Form agree to submit to the personal and exclusive jurisdiction of the courts located within state of California.
The failure of Add-A-Form to exercise or enforce any right or provision of the FTS shall not constitute a waiver of such right or provision. If any provision of the FTS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the FTS remain in full force and effect.
User agrees that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the FTS must be filed within one (1) year after such claim or cause of action arose or be forever barred.
The section titles in the FTS are for convenience only and have no legal or contractual effect.