Terms of Service

SurveyPlanet, LLC ("SurveyPlanet") welcomes you to its website and any related webpages, mobile sites and platforms (collectively, including all content and functionality available through the surveyplanet.com domain name, the "Site"). This Terms of Service ("Terms of Service" or "Agreement") is a legal and binding agreement between SurveyPlanet and you that governs your use of the services available through the Site (the "Service").

NOTICE OF ARBITRATION AGREEMENT AND CLASS ACTION WAIVER: THIS AGREEMENT INCLUDES A BINDING ARBITRATION CLAUSE AND A CLASS ACTION WAIVER, SET FORTH BELOW, WHICH AFFECT YOUR RIGHTS ABOUT RESOLVING ANY DISPUTE WITH SURVEYPLANET, PLEASE READ IT CAREFULLY.

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. THESE INCLUDE VARIOUS LIMITATIONS AND EXCLUSIONS, AND A CLAUSE THAT GOVERNS THE JURISDICTION AND VENUE OF DISPUTES. If you do not agree to these Terms of Service, you have no right to obtain information from or otherwise continue using or accessing the Service. BY ACCESSING THE SITE OR USING ANY PART OF THE SERVICE, YOU EXPRESSLY AGREE TO BE BOUND BY THIS TERMS OF SERVICE AND SURVEYPLANET'S PRIVACY POLICY AND ANTI-SPAM POLICY. IF YOU DO NOT AGREE TO ALL OF THEIR RESPECTIVE TERMS, PLEASE DO NOT USE ANY PART OF THE SITE OR SERVICE AS YOU DO NOT HAVE SURVEYPLANET'S AUTHORIZATION.

1. Registration and Eligibility

You are required to register on the Site for an account ("SurveyPlanet Account") to access and use the Service. In registering for a SurveyPlanet Account you represent and warrant that: (a) you are of legal age to form a binding contract and that you, or if you are registering on behalf of a person or entity, are authorized to register for the Service; (b) all information provided to SurveyPlanet is true, accurate and complete; and (c) you are the authorized signatory of the credit or charge card provided to SurveyPlanet to pay the Fees (as defined below). SurveyPlanet reserves the right in its sole discretion to refuse service, terminate or suspend accounts, and change any content as it sees fit, without prior notice or liability to you.

You expressly agree: (i) that SurveyPlanet has the right to suspend and/or terminate your account and refuse any and all current or further use of the Service if SurveyPlanet determines, in its sole discretion, that any information you provide is untrue, inaccurate, not current and/or incomplete; (ii) to protect your username and password at all times; (iii) to notify SurveyPlanet immediately of any unauthorized use of your account or any other need to deactivate your username and/or password due to security concerns; and (iv) that SurveyPlanet shall not be responsible for unauthorized access to or alteration of your data. SurveyPlanet is not liable for any harm caused or related to the theft or misappropriation of your username and/or password, disclosure or your username and/or password, or your authorization of anyone else to use your username and/or password. From time to time, SurveyPlanet may find it necessary to access your account. For instance, SurveyPlanet may access your account for support, maintenance or security-related reasons. In such event, SurveyPlanet will, if possible, provide you notice of its intent to use your username and password to do so. Regardless of whether such notice is provided, you acknowledge and consent to such access. Furthermore, recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside and to comply with any other local laws affecting the transmission or posting of content or affecting the privacy of persons.

2. License and Access

SurveyPlanet grants you a limited license to access and make personal use the Site and the Service. Subject to the terms of this Agreement and upon your registration for a SurveyPlanet Account, SurveyPlanet hereby grants you a revocable, non-exclusive, non-transferable account enabling you to access and use the Service and the Site. All SurveyPlanet content that is made available to view and/or download in connection with the Service is owned by and is a copyrighted work of SurveyPlanet and/or is suppliers and is licensed, not sold.

For users who register an account and create and conduct a survey through the Service (hereafter, "Survey Creators"), SurveyPlanet grants Survey Creators a license to disclose and share the survey questions, responses and results ("Survey Data") with their friends, colleagues, and other third parties. Except as otherwise provided, this limited license does not include any copying or downloading of any information from the Site for yourself or any other third party's benefit. You may not data-mine or use any robots for any purpose including but not limited to extracting data or other information from the Site. Should you violate any of these policies outlined in this Agreement, SurveyPlanet may terminate your access.

3. Proprietary Rights

Except for the limited license expressly granted herein, all right, title and interest in and to the Site, the Service and other content and materials related thereto and the technology and infrastructure used to provide them, are proprietary to SurveyPlanet and shall at all times remain the sole and exclusive property of SurveyPlanet and are protected by applicable intellectual property laws and treaties. All data and information related to the Site or collected by way of the Service on any website (the "Data"), other than survey data and information from survey creators and recipients, shall be the sole and exclusive property of SurveyPlanet. You acknowledge that you do not acquire any ownership rights in or to the Service or the Data, and agree not to modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from or through the Site or Service. All rights not expressly granted to you herein are reserved by SurveyPlanet.

4. User Content

You acknowledge and agree that: (a) all survey questions, responses, information, data, text, software, music, sound, photographs, images, video, survey responses, messages or other materials communicated or transmitted using the Site and the Service (collectively, "User Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from who such User Content originated; (b) you, and not SurveyPlanet, shall be responsible for all User Content that you upload, post, email, distribute, communicate, transmit, or otherwise make available using the Site and the Service or that is otherwise made available through the use of your account, whether or not authorized by you; (c) by using the Site and the Service, you may be exposed to User Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, libelous, vulgar, obscene, indecent, invasive of another's privacy, hateful or racially, ethnically or otherwise objectionable; (d) SurveyPlanet may use any User Content publicly transmitted on the Site or in the Service in whole or in part in any form; (e) you automatically grant (or represent and warrant that the owner of such User Content has expressly granted) SurveyPlanet a perpetual, irrevocable, non-terminable, worldwide, fully paid, royalty-free, non-exclusive, worldwide license to use, copy, distribute, publicly display, modify, make derivative works, and sublicense any User Content you publicly submit or make available through the Site.

SurveyPlanet does not control the User Content originating from users, respondents to user surveys, or other users of the Site and the Service, and does not guarantee the accuracy, integrity, or quality of such User Content. SurveyPlanet reserves the right to delete any User Content from its databases at any time and from time to time without notice to you. You acknowledge and agree that you are solely responsible for backing up any User Content uploaded to the Site or received by you through the use of the Service. SurveyPlanet shall not be liable for any purging, deletion, or failure to retain any such User Content.

You warrant, represent and agree that you will not contribute any User Content or otherwise use the SurveyPlanet Site in a manner that (i) infringes the intellectual property rights or proprietary rights, or rights of publicity or privacy, of any third party; (ii) violates any law, statute, ordinance or regulation; (iii) you should know is harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, or otherwise objectionable; (iv) adversely affects or reflects negatively on SurveyPlanet's goodwill, name or reputation or causes duress, distress or discomfort to SurveyPlanet or anyone else, or discourages any person, firm or enterprise from using all or any portion, feature, or function of the SurveyPlanet Site, or from advertising, liking or becoming a supplier to use in connection with the SurveyPlanet Site; (v) sends or results in the transmission or junk e-mail, chain letters, duplicative or unsolicited messages, or so-called 'spamming"; (vi) transmits, distributes or uploads programs or material that contain malicious code, such as viruses, timebombs, cancelbots, worms, trojan horse, spyware, or other potentially harmful programs or other material or information; (vii) falsely reports to an employee or agent of SurveyPlanet; (viii) circumvents, disables or otherwise interferes with security-related features of the Site or its features that prevent or restrict use or copying of any content; and/or (ix) intercepts or attempts to intercept email or other private communications not intended for you. While it is not the intent of SurveyPlanet to discourage you from reporting problems about the Service, nonetheless, SurveyPlanet reserves the right to take such action as it deems appropriate and/or to remove any content from the Site at any time, for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such content or if SurveyPlanet is concerned that you may have breached the immediately preceding sentence), or for no reason at all.

5. Restrictions

You shall not: (i) use, or allow the use of, the Service, except pursuant to the limited rights expressly granted in this Agreement; (ii) use the Service in any manner to disseminate material, topics, content or questions in any format (images, audio, video, text) that are defamatory, profane, explicitly sexual in nature, pornographic, indecent, obscene and unlawful, including but not limited to hate speech (including but not limited to racial, ethnic and religious slurs), illegal drugs and child pornography (iii) attempt to reverse engineer, hack into, or comprise any aspect of the Service; (iv) use, reproduce, modify or create derivative works of the Service; (v) use, post, transmit or introduce any device, software or routine which interferes or attempts to interfere with the operation of the Service; (vi) reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion or use of, or access to, the Service; or (vii) transfer, lease, lend, sublicense, resell or otherwise distribute or allow third party access to all or any portion of the Service, including, but not limited to, by sharing your username and/or password. SurveyPlanet reserves the right in our sole discretion to terminate your account and/or access to the Service if you violate this Section 5 or breach any other term of this Agreement, or for any reason or no reason at all.

6. Communication

SurveyPlanet can communicate with you electronically either by posting information on the Site or by sending you emails. You consent to receive communications electronically from SurveyPlanet and its affiliates. You agree that all communications provided electronically satisfy any conditions or requirements that they be provided electronically.

7. Privacy

SurveyPlanet considers its users" privacy to be of the utmost importance. Please see SurveyPlanet's Privacy Policy for a detailed description of our information gathering and dissemination practices for the Site.

8. Indemnification

You agree to indemnify, hold harmless and defend, at your expense, against any and all third party claims, actions, proceedings, and suits brought against SurveyPlanet or any of its subsidiaries, officers, directors, employees, agents or affiliates, and all related liabilities, damages, settlements, penalties, fines, costs or expenses (including, without limitation, reasonable attorneys' fees) incurred by SurveyPlanet or any of its officers, directors, employees, agents or affiliates, arising out of or relating to (i) your breach of any term or condition of this Agreement, (ii) your use of the Service, (iii) your posting of any User Content, or (iv) your unauthorized use of the SurveyPlanet Site and Service. In such a case, SurveyPlanet will provide you with written notice of such claim, suit or action. You shall cooperate as fully as reasonably required in the defense of any claim. SurveyPlanet reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you.

You agree to indemnify and hold SurveyPlanet and its directors, officers, subsidiaries, agents, joint ventures, and employees harmless from any claim or demand, including reasonable attorney's fees, arising out of or related to your breach of this Terms of Service, or your violation of any law or third party rights.

9. Waiver and Release

YOU AGREE THAT NEITHER SURVEYPLANET, NOR ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS OR SUPPLIERS SHALL HAVE ANY LIABILITY TO YOU UNDER ANY THEORY OF LIABILITY OR INDEMNITY IN CONNECTION WITH YOUR USE OF THE SITE AND THE SERVICE. YOU SPECIFICALLY ACKNOWLEDGE THAT SURVEYPLANET SHALL NOT BE LIABLE FOR ANY USER CONTENT SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU. YOU HEREBY RELEASE AND FOREVER WAIVE ANY AND ALL CLAIMS YOU MAY HAVE AGAINST SURVEYPLANET, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS OR SUPPLIERS (INCLUDING BUT NOT LIMITED TO CLAIMS BASED UPON THE NEGLIGENCE OF SURVEYPLANET, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS OR SUPPLIERS) FOR LOSSES OR DAMAGES YOU SUSTAIN IN CONNECTION WITH YOUR USE OF THE SITE AND THE SERVICE.

10. Disclaimers

10.1 Disclaimer of Warranties

SurveyPlanet does not represent or warrant that (a) the Service will be error-free or accessible at all times, (b) defects will be corrected, (c) the Service or the server that makes it available, are free of viruses or other harmful component, or (d) the use or the results of the use of the Service or the materials made available as part of the Service will be correct, accurate, timely, or otherwise reliable. SurveyPlanet does not guarantee, and shall have no liability for, any Service down time (i) caused by outages to any public Internet backbones, networks or servers, (ii) caused by any failures of your equipment, systems or local access services, (iii) for previously scheduled maintenance, or (iv) relating to events beyond SurveyPlanet's control such as, but not limited to, strikes, riots, insurrection, fires, floods, explosions, war, governmental action, labor conditions, earthquakes, natural disasters, or interruptions in Internet services to an area where SurveyPlanet or your servers are located or co-located.

YOUR USE THE SERVICE AND THE SITE AT YOUR SOLE RISK. THE SERVICE AND THE SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. THERE ARE NO WARRANTIES, CLAIMS OR REPRESENTATIONS MADE BY SURVEYPLANET, OR ANY OF ITS SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS OR AFFILIATES EITHER EXPRESS, IMPLIED, OR STATUTORY, WITH RESPECT TO THE SERVICE AND THE SITE, INCLUDING WARRANTIES OF QUALITY, PERFORMANCE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE, NOR ARE THERE ANY WARRANTIES CREATED BY COURSE OF DEALING, COURSE OF PERFORMANCE, OR TRADE USAGE. SURVEYPLANET DOES NOT WARRANT THAT THE SERVICE AND THE SITE WILL MEET YOUR NEEDS OR BE FREE FROM ERRORS, OR THAT THE OPERATION OF THE SERVICE WILL BE UNINTERRUPTED. ALL MATERIALS DOWNLOADED AND/OR OBTAINED THROUGH THE USE OF THE SERVICE IS ACCESSED AT YOUR OWN DISCRETION AND RISK. YOU ARE SOLELY RESPONSIBLE FOR, AND HEREBY WAIVE ANY DAMAGE, TO YOUR COMPUTER SYSTEM, INTERNET ACCESS, OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL. THE FOREGOING EXCLUSIONS AND DISCLAIMERS ARE AN ESSENTIAL PART OF THIS AGREEMENT AND FORMED THE BASIS FOR DETERMINING THE PRICE CHARGED FOR THE SERVICE. SOME STATES DO NOT ALLOW EXCLUSION OF AN IMPLIED WARRANTY, SO THIS DISCLAIMER MAY NOT APPLY TO YOU.

10.2 Disclaimer of Third Party Content

You understand that when using the SurveyPlanet Site, you will be exposed to other users" comments and third party content from a variety of sources, and that SurveyPlanet is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such other clients" comments or third party content. Statements made in the SurveyPlanet Site, newsgroups, message boards, email, forums, and/or conferences, if any, reflect only the views of their authors. Forum managers, forum hosts, and/or content providers, if any, appearing on the SurveyPlanet Site are not authorized SurveyPlanet spokespersons, and their views do not necessarily reflect those of SurveyPlanet, and SurveyPlanet does not endorse any client comments or any opinion, recommendation, or advice expressed therein. You further understand and acknowledge that you may be exposed to other users" comments and third party content that may be defamatory, offensive, indecent, inaccurate, obscene, pornographic or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against SurveyPlanet with respect thereto. You are responsible for viewing and abiding by any privacy statements and terms of use posted in connection with these links. You agree that the Service may include advertisements and that these advertisements are necessary for SurveyPlanet to provide the SurveyPlanet Service. You further understand that the Service may include certain communications from SurveyPlanet that you cannot opt out of receiving.

11. Limitation of Liabilities

YOU AGREE THAT NEITHER SURVEYPLANET NOR ANY OF ITS SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS OR AFFILIATES WILL BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, SPECIAL, PUNITIVE, CONSEQUENTIAL (INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR LOST DATA COLLECTED THROUGH THE SERVICE), OR INCIDENTAL DAMAGES, WHETHER BASED ON A CLAIM OR ACTION OF CONTRACT, WARRANTY, NEGLIGENCE, STRICT LIABILITY, OR OTHER TORT, BREACH OF ANY STATUTORY DUTY, INDEMNITY OR CONTRIBUTION, OR OTHERWISE, EVEN IF SURVEYPLANET HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE EXCLUSION CONTAINED IN THIS PARAGRAPH SHALL APPLY REGARDLESS OF THE FAILURE OF THE EXCLUSIVE REMEDY PROVIDED IN THE FOLLOWING PARAGRAPH. SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE LIMITATIONS OR EXCLUSIONS IN THIS AND THE FOREGOING PARAGRAPH MAY NOT APPLY TO YOU. SURVEYPLANET" CUMULATIVE LIABILITY TO YOU OR ANY OTHER PARTY FOR ANY LOSS OR DAMAGES RESULTING FROM ANY CLAIMS, DEMANDS, OR ACTIONS ARISING OUT OF OR RELATING TO THIS AGREEMENT SHALL NOT EXCEED THE AGGREGATE FEES PAID TO SURVEYPLANET FOR USE OF THE SERVICE.

12. Links

The Site may provide links to other websites or resources. You acknowledge that SurveyPlanet is not responsible or liable in any way for the content, products, services, or other materials offered via these websites or resources. You also acknowledge that SurveyPlanet is in no way liable for any loss or damage caused or allegedly caused by the content, products, services, or other materials offered via these websites or resources.

13. Copyright and Trademarks

The entire contents of the Site are copyrighted as a collective work under the laws of the United States and other copyright laws. We hold the copyright in the collective work. Any redistribution, retransmission or publication of any copyrighted materials is strictly prohibited without the express written consent of the copyright owner. You may not use any Company logo or any other proprietary graphic or trademark without our express written permission.

The trademarks, graphics, designs and logos shown on the Site are registered and unregistered trademarks, service marks and trade dress of SurveyPlanet and other parties (the "Marks"). You are prohibited from using these Marks for any purposes without our written permission or any such third party which may own the Marks. You are prohibited from modifying, copying, distributing, displaying, publishing, selling, licensing, creating derivative works, or using any content on the Site for commercial or public purposes.

14. Copyright Policy and Digital Millennium Copyright Act (DMCA) Procedures

We respect the intellectual property of others, and require you to do the same. serve the right to terminate this Terms of Service information: (a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyrighted work; (b) an identification of the copyrighted work and the location on the Site of the allegedly infringing work; (c) a written statement that you have a good faith belief that the disputed use is not authorized by the owner, its agent, or the law; (d) your name and contact information, including telephone number and e-mail address; and (e) a statement by you that the above information in your notice is accurate and, under penalty of perjury, that you are the copyright owner or authorized to act on the copyright owner's behalf. Contact information for our DMCA Agent for notice of claims of copyright infringement is: SurveyPlanet, LLC Attn: Copyright Agent, 578 Washington Blvd., #807, Marina Del Rey, CA 90292.

15. Modification

We reserve the right in our sole discretion to modify this Terms of Service and our Privacy Policy as we see fit. If we make any such changes, we will notify you via the email address tied to your account. We are not responsible should you not receive this message due to the actions of your email filtering or internet service provider. Please assign SurveyPlanet.com to the list of domains approved to send you emails. We will also display a notice above this Terms of Service for 30 days alerting you that it has been updated and revised. Should you continue using the Site after a Terms of Service or Privacy Policy change that will stand as acceptance of the changes.

16. Survival of Terms

Notwithstanding any other provision of this Terms of Service or any contrary legal principles, any provision of this Terms of Service that imposes continuing obligations on a party will survive the termination of this Terms of Service.

17. Resolution of Disputes—Mandatory Arbitration and Class Action Waiver

We offer the following process to help you resolve a complaint or Dispute (as defined below) that you may have with us, related to any access, use or issue with the Service or Site. Please read this section carefully. Our Customer Service Department, which you can reach via email to support@surveyplanet.com; or a letter, first class certified mail, to SurveyPlanet, LLC, Attn: Customer Support, 578 Washington Blvd., #807 , Marina Del Rey, CA 90292, can help you resolve most of your concerns. If our Customer Service Department is unable to resolve your complaint or Dispute, you agree to take the following steps to resolve any Dispute you may have with us.

Step 1. Notice of Dispute

You must first try to resolve any complaint or Dispute with us through our Notice of Dispute process. You begin by submitting a "Notice of Dispute" with any supporting documents or other information by U.S. Mail to:

SurveyPlanet, LLC, Attn: Notice of Dispute, 578 Washington Blvd., #807, Suite 1020E, Marina Del Rey, CA 90292

A "Notice of Dispute" is a written form in which you provide your name, address, contact information, email address, the facts regarding your Dispute, and the relief you are requesting from us. Once we receive your Notice of Dispute, you and we will attempt to resolve any Dispute through informal negotiation within forty-five (45) days from the date the Notice of Dispute is received by us. If an agreement cannot be reached within forty-five (45) days of receipt of the Notice of Dispute, you or we may initiate an arbitration proceeding or small claims action as described below.

You agree that the term "Dispute" in this Agreement will have the broadest meaning possible. It applies to any dispute, action, or other controversy between you and us relating to the Site or Service, any service offered or obtained from us, any transaction or relationship between us resulting from your use of the Site or Service, communications between us, the purchase/order/use of services via the Site, or this Agreement -- whether in contract, warranty, tort, laws or regulation. The term also applies to any dispute over the validity, enforceability, or scope of this arbitration provision.

Step 2: Arbitration

If your Dispute is not resolved to your satisfaction within 45 days from when we received your Notice of Dispute, you and we agree to arbitrate all Disputes between us. As we explain below, you and we also may also have the right to bring an individual action before a Small Claims Court for certain claims. You agree that arbitration or a small claims action will be your sole and exclusive remedy to resolve any dispute with us. The Federal Arbitration Act applies to this Agreement.

By agreeing to arbitrate, you are giving up the right to litigate (or participate in as a party or class member) any and all Disputes in a court before a judge or jury (except Small Claims Court). Instead, a neutral arbitrator will resolve all Disputes.

To read more about arbitration, visit https://www.adr.org. The American Arbitration Association ("AAA") will conduct any arbitration under its Consumer Arbitration Rules in effect at that time. You can review the Consumer Arbitration Rules here: https://www.adr.org/sites/default/files/Request%20for%20Mediation_1.pdf. You may begin an arbitration with us by completing a Request for Mediation form, available by clicking here: https://www.adr.org/sites/default/files/Consumer%20Rules.pdf. The completed form(s) should be returned directly to the AAA. The AAA will assign someone to manage your case. You will be contacted with instructions for continuing the arbitration process. Be sure to keep a copy of everything you send to the administrator of your arbitration or us. If, for any reason, the AAA is unavailable, the parties shall mutually select another arbitration forum which will be governed by the AAA Consumer Arbitration Rules. The AAA rules will determine whether the arbitration will take place through written submissions by you and us, by telephone, or in person.

Class Action Waiver

Any proceedings to resolve or litigate any Dispute in any forum will be conducted solely on an individual basis. Class arbitrations, class actions, private attorney general actions, consolidation of your Dispute with other arbitrations, or any other proceeding in which either party acts or proposes to act in a representative capacity or as a private attorney general are not permitted and are waived by you, and an arbitrator will have no jurisdiction to hear such claims. If a court or arbitrator finds that the class action waiver in this section is unenforceable as to all or some parts of a Dispute, then the class action waiver will not apply to those parts. Instead, those parts will be severed and proceed in a court of law, with the remaining parts proceeding in arbitration. If any other provision of this Dispute resolution section is found to be illegal or unenforceable, that provision will be severed with the remainder of this section remaining in full force and effect.

Costs

If you initiate an arbitration with the AAA, we will promptly reimburse you for any standard filing fee you may have been required to pay by the AAA, once you have notified us in writing and provided a copy of the arbitration demand. However, if we are the prevailing party in the arbitration, we will be entitled to seek and recover our attorneys" fees and costs, subject to the arbitrator's determination and applicable law.

Small Claims Option

You may also litigate any Dispute in Small Claims Court in the County of Los Angeles, California, if the Dispute meets all requirements to be heard in the small claims court. You can learn more about the Small Claims Court in the County of Los Angeles by clicking here: http://www.lacourt.org/division/smallclaims/SC0010.aspx. However, if you initiate a Small Claims case, you are solely responsible for all your court costs.

Choice of Law and Forum Selection

You agree that the laws of the State of California govern this agreement and any claim or Dispute or issues arising from it, without regard to California's conflict of laws rules.

Unless you and we agree otherwise, in the event that the Agreement to arbitrate above is found not to apply to you or to a particular claim or Dispute as a result of a decision by the arbitrator or a court order, you agree that any Disputes or claims that you may have against us reside in and will be resolved by a state or federal court located in Los Angeles County in the State of California and you agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action.

18. Miscellaneous

This Terms of Service and your relationship with SurveyPlanet is governed by and construed in accordance with the laws of the State of California. No waiver of any term, provision or condition of this Terms of Service, whether by conduct or otherwise, in any one or more instances, shall be deemed to be, or shall constitute, a waiver of any other term, provision or condition hereof, whether or not similar, nor shall such waiver constitute a continuing waiver of any such term, provision or condition hereof. No waiver shall be binding unless executed in writing by the party making the waiver. This Terms of Service governs your use of the Site and constitutes the complete and exclusive statement of the agreement between you and SurveyPlanet with respect to the Service and supersedes any and all prior or contemporaneous communications, representations, statements and understandings, whether oral or written, between you and SurveyPlanet concerning the Service. If any provision of this Terms of Service is shown to be invalid or unenforceable, the court should work to give effect to the parties" intention reflected by the provision, and such provision shall be deemed severable and shall not affect the validity and enforceability of remaining provisions. Headings of sections do not limit the scope of any section. They are meant for reference purposes only.

Privacy Policy

SurveyPlanet, LLC (“SurveyPlanet” or “we”) values your trust and confidence and is committed to protecting your privacy. This Privacy Policy describes the privacy practices of SurveyPlanet and applies to data collected by SurveyPlanet through the surveyplanet.com domain name (the “Site”), as well as through SurveyPlanet’s proprietary software and information and any other such service provided by SurveyPlanet (collectively the “Service”). This Privacy Policy applies to individuals who create and conduct surveys through the Service (“Survey Creators”), individuals who answer such surveys through the Service (“Survey Respondents”), and individuals who visit the Site but who do not create an account or respond to a survey (“Visitors”).

Below you can find detailed information for Survey Creators, Survey Respondents and Visitors on the (i) types of information we collect; (ii) how we use the information collected; (iii) the sharing and disclosure of your information; (iv) your rights to your information; and (v) how we protect your information. Specifically, the information below explains how we handle the personal information that can be used to contact or identify a natural person (“Personal Information”), gathered by the Service. It also provides information about your rights to manage your Personal Information.

Please read all information as provided below. SurveyPlanet welcomes any questions or comments you may have regarding our privacy policy. Any such questions or comments, or if more information regarding any item not listed below is needed, should be submitted via email to support@surveyplanet.com.

From time to time, SurveyPlanet may contain advertisements, references, and links to other websites and organizations, and may also use third parties to display or serve advertising on our site. We are not responsible for the content or privacy compliance of third party websites or applications. This Privacy Policy does not cover any use of Personal Information that a third-party advertiser or ad server may collect from you, including any use of cookies on these websites or applications. You should check those websites or applications for their privacy statements and the terms that apply to them.

Privacy Terms for Survey Creators

1. Types of information we collect

When you use SurveyPlanet, we collect information about you and your use of the Service. We collect information that you provide to us, for example registration information (first and last name, username, encrypted password, email address, postal address, phone number, and other similar contact data), payment information (name, address, email address and financial information corresponding to your selected method of payment, e.g., a credit card number and expiration date and the security code, or a bank account number); account settings (default language, time zone, communication preferences and other various preferences and details on pages like your account settings page); address book information (i.e., email addresses of those you invite to take surveys; survey questions and responses (“Survey Data”) and other data and information that you intentionally share with SurveyPlanet.

We also collect information about your visit to the Site, such as how you navigate within the Site, pages viewed and links clicked; device information such as IP address, time zone, location and provider and, if you are on a mobile device. We do not collect UUID of mobile devices, nor would we ever do so.

Our web server may log details such as your operating system type, browser type, domain, and other system settings, as well as the language your system uses and the country and time zone in which your device is located. The web server logs also may record information such as the address of the web page that linked you to our site and the IP address of the device you use to connect to the Internet.

We use Local Storage to collect user generated settings and login information. Unlike cookies that store information on the server, Local Storage stores information on your browser and can be deleted or modified by you at any time. For information on how to delete or modify your information on Local Storage, consult the documentation for your browser.

We may use third party web analytics services on the Site such as Google Analytics. The service providers that administer these services use technologies such as cookies, web server logs and web beacons to help us analyze how visitors use the site. The information collected through these means (including IP address) is disclosed to these service providers, who use the information to evaluate use of the website. You may deactivate the ability of these analytics services to analyze your browsing activities on this site. This page describes how Google Analytics uses cookies: https://developers.google.com/analytics/devguides/collection/analyticsjs/cookie-usage. We do not use Google Analytics to gather personally identifiable information about our users.

To disable Google Analytics, please download the browser add-on for the deactivation of Google Analytics provided by Google at http://tools.google.com/dlpage/gaoptout?hl=en. To learn more about privacy and Google Analytics please consult the Google Analytics overview provided by Google at: http://www.google.com/intl/en/analytics/privacyoverview.html.

2. How we use the information we collect

We use Personal Information to provide and improve the Service and for other purposes that are in our legitimate interests, as well as for compliance purposes.

We process Personal Information about you on the basis that it is:

  • Necessary for the performance of a contract: We will process your Personal Information in order to provide you with the Service.
  • In our legitimate interest: Specifically, to operate and improve the site, better deliver the Service and to create new services, features and content.
  • Where you give us your consent: We only ask for your consent in relation so specific uses of Personal Information where we need to and, if we need it, we collect it separately and make it clear that we are asking for consent.
  • For compliance with a legal obligation (e.g., to respond to a court order or a regulator)

In each of these cases, we have undertaken to ensure that we place clear limitations on each of these uses so that your privacy is respected and only the information necessary to achieve these legitimate interests is used.

We use contact information to respond to your inquiries and to send you information as part of the Service. If you have given us your express consent, SurveyPlanet may contact you for marketing and advertising purposes. You may opt out of these communications at any time by changing your account settings.

We use information about how you use the Service to improve our services for you and all users. This may include performing analysis aimed at improving the Service and making the Site or the Service more user friendly by reducing the need for you to repeatedly enter the same information. We use device data and log data to troubleshoot, to create new services, features and content, to track behavior at the aggregate level to identify and understand trends and to fix bugs and troubleshoot functionality. We also infer your geographic location based on your IP address.

Survey/Planet keeps your Survey Data private and does not use your Survey Data for its own purposes, except in the limited circumstances described in this Privacy Policy or unless we have your express consent. We do not sell or disclose your Survey Data to any third parties. We will use only public survey data and anonymized survey metadata to create and provide new services, features or content. We will not email your survey respondents or anyone in your address book except at your direction. We do not sell any of your email addresses to any third parties.

3. The Sharing or Disclosure of Your Personal Information

We do not rent, lease, disclose, or sell your Personal Information to anyone. Except as described in this Privacy Policy, your Personal Information will be used only by SurveyPlanet and its controlled subsidiaries and affiliates, and your Personal Information will not be disclosed to any other third party without your consent.

SurveyPlanet may share your Personal Information with our service providers who assist us in providing Services to you. These service providers are contractually obligated to keep your information confidential and to use it only for the purpose of providing their services to SurveyPlanet.

We share your Personal Information only with your consent or as described below:

Agents: We may employ other companies and individuals to perform tasks on our behalf and need to share your Personal Information with them to provide products or services to you. Unless we tell you differently, SurveyPlanet’s agents do not have any right to use your Personal Information we share with them beyond what is necessary to assist us. You hereby consent to our sharing of Personal Information for the above purposes.

Protection of SurveyPlanet and Others: We may release Personal Information when we believe, in good faith, that such release is necessary to (i) comply with law; (ii) enforce or apply the terms of any of our user agreements, or (iii) protect the rights, property or safety of SurveyPlanet, our users, or others. This includes exchanging information with other companies and organizations for fraud protection and credit risk reduction.

Business Transfers: In some cases, we may choose to buy or sell assets. In these types of transactions, your Personal Information as a client of SurveyPlanet is typically one of the business assets that is transferred. Moreover, if SurveyPlanet, or substantially all of its assets were acquired, your Personal Information as a client of SurveyPlanet would be one of the assets that is transferred or acquired by a third party. By using or accessing the Services, you acknowledge and agree that such transfers may occur, and that any acquirer of SurveyPlanet may continue to use your Personal Information as set forth in this Privacy Policy.

4. Your Rights to Your Information

You may view or edit your Personal Information and account information and preferences by logging into your SurveyPlanet account (“SurveyPlanet Account”) online.

SurveyPlanet will retain your Survey data for as long as you have a SurveyPlanet Account, or to comply with our legal obligations, resolve disputes or enforce our agreements. We do reserve the right to delete inactive accounts after three years which would result in the deletion of all data. Deleting or canceling your SurveyPlanet account will cause all the Survey Data in the account to be permanently deleted, as permitted by law.

For information on other rights you may have, please see the section on “Your Rights” below.

Privacy Terms for Survey Respondents

1. Types of Information We Collect

When you respond to surveys hosted by SurveyPlanet, we collect and store the survey responses that you submit. The Survey Creator is responsible for this information and manages it. A survey may ask you to provide Personal Information or data. If you provide such information to the Survey Creator, the Survey Creator may have its own privacy policy that applies to the information you provide.

You might provide us with your contact information (for example an email address) in an interaction with our customer, service or technical support representatives.

SurveyPlanet may additionally automatically collect information about your visit to the Site, such as how you navigate within the Site, pages viewed and links clicked; device information such as IP address, location and provider and, if you are on a mobile device. We do not collect UUID of mobile devices, nor would we ever do so.

Our web server may log details such as your operating system type, browser type, domain, and other system settings, as well as the language your system uses and the country and time zone in which your device is located. The web server logs also may record information such as the address of the web page that linked you to our site and the IP address of the device you use to connect to the Internet.

We use Local Storage to collect user generated settings and login information. Unlike cookies that store information on the server, Local Storage stores information on your browser and can be deleted or modified by you at any time. For information on how to delete or modify your information on Local Storage, consult the documentation for your browser.

We use Local Storage to collect your survey answers. This enables us to repopulate your answers if you leave the survey and come back to finish it at a later date. Unlike cookies that store information on the server, Local Storage stores information on your browser and can be deleted or modified by you at any time. For information on how to delete or modify your information on Local Storage, consult the documentation for your browser.

We may use third party web analytics services on the Site such as Google Analytics. The service providers that administer these services use technologies such as cookies, web server logs and web beacons to help us analyze how visitors use the site. The information collected through these means (including IP address) is disclosed to these service providers, who use the information to evaluate use of the website. You may deactivate the ability of these analytics services to analyze your browsing activities on this site. This page describes how Google Analytics uses cookies: https://developers.google.com/analytics/devguides/collection/analyticsjs/cookie-usage. We do not use Google Analytics to gather personally identifiable information about our users.

To disable Google Analytics, please download the browser add-on for the deactivation of Google Analytics provided by Google at http://tools.google.com/dlpage/gaoptout?hl=en. To learn more about privacy and Google Analytics please consult the Google Analytics overview provided by Google at: http://www.google.com/intl/en/analytics/privacyoverview.html.

2. How We Use the Information Collected

Your survey responses are owned and managed by the Survey Creator and such information and data is treated as private to the Survey Creator by SurveyPlanet. Some Survey Creators may provide you with a privacy policy or other privacy notice at the time you take their survey and we encourage you to carefully review it to understand how the Survey Creator will handle your responses. Please see the Privacy for Survey Creators above to understand how Survey Planet handles your responses. SurveyPlanet does not sell your survey response to third parties and we not use any Personal Information collected by our customer survey to contact Survey Respondents.

We process personal data about you where you have consented or for the SurveyPlanet’s legitimate interests of improving service experience and developing new products and service features, as well as for compliance purposes.

When you have consented, we use contact information to respond to your inquiries, send you information about our Service, and send you marketing information (as long as you have expressly agreed to this when you provided your contact information and for so long as you don’t opt out). You may opt out of receiving marketing communications at any time by support@surveyplanet.com.

We use information about how you use the Service to improve our services for you and all users. This may include performing analysis aimed at improving the Service and making the Site or the Service more user friendly by reducing the need for you to repeatedly enter the same information. We use device data and log data to troubleshoot, to create new services, features and content, to track behavior at the aggregate level to identify and understand trends and to fix bugs and troubleshoot functionality. We also infer your geographic location based on your IP address. We generally only use this data in aggregate form, that is, as a statistical measure, and not in a manner that would identify you personally.

We may also use your Personal Information to the extent necessary to enforce agreements or in response to a subpoena or other legal request.

In all cases, we have undertaken to ensure that we place clear limitations on each use of your Personal Information so that your privacy is respected and only the information necessary to achieve these legitimate interests is used.

3. The Sharing and Disclosure of Your Information

SurveyPlanet hosts surveys for Survey Creators who are the owners and users of your survey responses. We do not own or sell your survey responses. Anything you expressly disclose in your survey responses will be naturally disclosed to Survey Creators. Please contact the Survey Creator directly to better understand how they might share your survey responses.

SurveyPlanet may provide aggregate information to our partners about how our users, collectively, use our site. If you do not wish to have your individual usage information collected, please email us at: support@surveyplanet.com.

We do not rent, lease, disclose, or sell your Personal Information to anyone. Except as described in this Privacy Policy, your Personal Information will be used only SurveyPlanet and its controlled subsidiaries and affiliates, and your Personal Information will not be disclosed to any other third party without your consent.

4. Your Rights to Your Information

SurveyPlanet is a service that collects survey responses on behalf of Survey Creators. If you have any questions about a survey, or if you want to access, update or delete anything in your survey responses, please contact the Survey Creator directly. Once a survey is complete the answers are inserted into our database and removed from LocalStorage with the exception of the unique survey id and a binary variable (true or false) specifying that the survey was completed. This helps prevent users from taking the survey multiple times. That said, I’d rather this information not be public since it would enable survey participants to take surveys multiple times by simply deleting their LocalStorage.

If you do not wish to be contacted to take surveys which are sent by Survey Creators via SurveyPlanet, you may opt out of receiving such invitations by emailing support@surveyplanet.com. You cannot opt-out of survey Campaigns unless you receive an email from us—this prevents people from “unsubscribing” email address they do not own. Once a person receives an email from us there is a link at the bottom which enables the owner of the address the email was sent to to opt-out from any further emails.

For information of how to opt out of marketing communications and other rights you may have, please see the section on “Your Rights” below.

Privacy Terms for Visitors

1. Types of Information We Collect

SurveyPlanet may receive and store certain types of information whenever you interact with our Site or Service. Generally, our Service may automatically collect usage information, such as the numbers and frequency of visitors to our Site and its components.

SurveyPlanet may additionally automatically collect information about your visit to the Site, such as how you navigate within the Site, pages viewed and links clicked; device information such as IP address, location and provider and, if you are on a mobile device. We do not collect UUID of mobile devices, nor would we ever do so.

2. How We Use the Information Collected

We process personal data about you where you have consented or for the SurveyPlanet’s legitimate interests of improving service experience and developing new products and service features.

When you have consented, we use contact information to respond to your inquiries, send you information about our Service, and send you marketing information (as long as you have agreed to this when you provided your contact information and for so long as you don’t opt out).

We use information about how you use the Service to improve our services for you and all users. This may include performing analysis aimed at improving the Service and making the Site or the Service more user friendly by reducing the need for you to repeatedly enter the same information. We use device data and log data to troubleshoot, to create new services, features and content, to track behavior at the aggregate level to identify and understand trends and to fix bugs and troubleshoot functionality. We also infer your geographic location based on your IP address. We generally only use this data in aggregate form, that is, as a statistical measure, and not in a manner that would identify you personally.

We may also use your Personal Information to the extent necessary to enforce agreements or in response to a subpoena or other legal request.

In all cases, we have undertaken to ensure that we place clear limitations on each use of your Personal Information so that your privacy is respected and only the information necessary to achieve these legitimate interests is used.

3. The Sharing and Disclosure of your Personal Information

SurveyPlanet may provide aggregate information to our partners about how our users, collectively, use our site. If you do not wish to have your individual usage information collected, please email support@surveyplanet.com.

We do not rent, lease, disclose, or sell your Personal Information to anyone. Except as described in this Privacy Policy, your Personal Information will be used only SurveyPlanet and its controlled subsidiaries and affiliates, and your Personal Information will not be disclosed to any other third party without your consent.

4. Your Rights to Your Personal Information

For information of how to opt out of marketing communications and other rights you may have, please see the section on “Your Rights” below.

“Do Not Track” Signals

Some browsers transmit Do Not Track (DNT) signals to websites. Due to the lack of a common interpretation of DNT signals, we do not currently alter, change, or respond to DNT requests or signals from these browsers.

Cross-Border Data Transfers

SurveyPlanet is located in the United States and accordingly data, including Respondent data, will be transferred to the United States. If you are accessing our Site from the European Union, Australia, Asia, or any other region with laws or regulations governing personal data collection, use and disclosure laws that differ from the United States, we have measures in place that ensure that when your personal information is transferred internationally, it is subject to appropriate safeguards in accordance with data protection laws.

How we Secure Personal Information

SurveyPlanet uses physical, electronic, and administrative safeguards to assist us in preventing unauthorized access, maintaining data accuracy, and correctly using Personal Information. Except as specified in this Privacy Policy, we use commercially reasonable efforts to limit access to your Personal Information to the employees, agents and officers of SurveyPlanet who need the information for their jobs.

The Personal Information SurveyPlanet collects is securely stored within our database, and we use standard, industry-wide practices such as firewalls, encryption, and Secure Socket Layers (“SSL”) for protecting your information. We regularly monitor our systems for possible vulnerabilities and attacks.

However, as effective as encryption technology is, no security system is impenetrable. SurveyPlanet cannot guarantee the security of our database, nor can we guarantee that information you supply won’t be intercepted while being transmitted to SurveyPlanet over the Internet. We recommend that you do not disclose your password to anyone.

How long we keep your personal information

For Survey Creators, we retain your personal data while your account is in existence or as needed to provide you the Service. This includes data you or others provided to us and data generated or inferred from your use of the Service. Even if you use the Service for a new survey every few years, we will retain your information and keep your profile open until you decide to close your account. We do reserve the right to delete inactive accounts and all data after three years. In some cases we may choose to retain certain information in a depersonalized or aggregated form.

We do not delete survey participants or answers. Survey answers are tied to the survey participant who created them. We do not store Participant email addresses unless they are asked for by the user who created the survey. For example, if you create a survey you can specify whether you want an email to be required or optional in order to take a survey. You can also specify that no email is required and that the survey be completely anonymous. You may read more here:https://docs.surveyplanet.com/welcome-success-settings#email.

Safety of Minors

Our services are not intended for and may not be used by minors. SurveyPlanet does not knowingly collect any personal information from minors. During the registration process for a SurveyPlanet account, if users identify themselves as under 13 years of age, SurveyPlanet will block such users from providing personal information.

If it comes to our attention that we have collected personal data from a minor, we may delete this information without notice. If you have reason to believe this has occurred please contact us at support@surveyplanet.com.

Your Rights

You may have rights under European and other laws to have access to your personal information and to ask us to rectify, erase and restrict use of, your personal information. You may also have rights to object to your personal information being used, to ask for the transfer of personal information you have made available to use and to withdraw consent to the use of your personal information.

We will honor your rights under applicable data protection laws. You have the following rights under European laws, and may have similar rights under the laws of other countries.

Right of subject access: The right to make a written request for details of your personal information and a copy of that personal information.

Right to rectification: The right to have inaccurate information about you corrected or removed.

Right to erasure (“right to be forgotten”): The right to have certain personal information about you erased.

Right to restriction of processing: The right to request that your personal information is only used for restricted purposes.

Right to opt out of marketing: You can manage your marketing preferences by clicking on the unsubscribe link at the bottom our your email.

Right to object: The right to object to processing of your personal information in cases where our processing is based on the performance of a task carried out in the public interest or we have let you know the processing is necessary for our or a third party’s legitimate interests.

Right to data portability: The right to ask for the personal information you have made available to us to be transferred to you or a third party in machine-readable format.

Right to withdraw consent: The right to withdraw any consent you have previously given us to handle your personal information. If you withdraw your consent, this will not affect the lawfulness of our use of your personal information prior to the withdrawal of your consent.

These rights are not absolute and they do not always apply in all cases.

In response to a request, we will ask you to verify your identity if we need to, and to provide information that helps us to understand your request better. We will respond to your request to exercise these rights within a reasonable time. If we do not comply with your request, whether in whole or in part, we will explain why.

order to exercise your rights, please contact us at support@surveyplanet.com.

If you are a Survey Respondent, you will need to contact the Survey Creator directly to discuss managing, deleting, accessing, restricting information which you provided to them in your responses. SurveyPlanet does not control your response data and, accordingly, is not in a position to directly handle these requests in relation to that data. If you need help finding the Survey Creator you can contact us at support@surveyplanet.com, and we will try our best to help you.

Where you have visited our website but have not opened an account with SurveyPlanet, and you want to exercise any of the above rights please contact us at support@surveyplanet.com.

Sole Statement of Privacy

This document contains and is the sole statement of SurveyPlanet’s Privacy Policy. No summary, restatement or other version thereof, or other privacy policy or statement, in any form, is valid.

Modifications of this Privacy Policy

SURVEYPLANET MAY MODIFY THIS PRIVACY POLICY AT ANY TIME, IN SURVEYPLANET’S SOLE DISCRETION, AND SUCH MODIFICATION SHALL BE EFFECTIVE IMMEDIATELY UPON EITHER POSTING OF THE MODIFIED PRIVACY POLICY ON THE WEBSITE OR NOTIFYING YOU. YOU AGREE TO REVIEW THIS PRIVACY POLICY PERIODICALLY TO ENSURE THAT YOU ARE AWARE OF ANY MODIFICATIONS. YOUR CONTINUED ACCESS OR USE OF THE WEBSITE AND/OR THE SOFTWARE SHALL BE DEEMED YOUR CONCLUSIVE ACCEPTANCE OF THE MODIFIED PRIVACY POLICY. IF YOU DO NOT CANCEL YOUR SUBSCRIPTION AND CONTINUE TO USE OUR SERVICES, YOU WILL BE CONSIDERED AS HAVING EXPRESSLY CONSENTED TO THE MODIFICATIONS IN OUR PRIVACY POLICY. IF YOU DISAGREE WITH THE TERMS OF THIS PRIVACY POLICY OR ANY UPDATED PRIVACY POLICY, YOU MAY CLOSE YOUR SURVEYPLANET ACCOUNT AT ANY TIME.

Last Updated: June 2018