VC Surveys – Terms of Use

July 26th – Important update regarding the deprecation of Vision Critical Surveys Click here for more information

VISION CRITICAL SURVEYS™ AND VISION CRITICAL DISCUSSIONS  – TERMS OF USE

Vision Critical Surveys and Vision Critical Discussions is operated by Vision Critical Communications Inc. and its authorized licensees (“VCCI” or “we”). For the purpose of these Terms of Use, “Vision Critical Surveys and Vision Critical Discussions” refers (as applicable) to the software and/or the website used to operate surveys.

Please read these terms carefully. By using Vision Critical Surveys and Vision Critical Discussions, you agree to the following terms and conditions and our Privacy Policy. If you do not agree with any of these terms or conditions please do not use Vision Critical Surveys and Vision Critical Discussions.

1.0 LICENSE

We hereby grant to you a non-exclusive license to use Vision Critical Surveys and Vision Critical Discussions in accordance with these Terms of Use. You acknowledge that Vision Critical Surveys and Vision Critical Discussions and all related documentation provided by us (through Vision Critical Surveys and Vision Critical Discussions or otherwise) are the sole property of VCCI. Portions of Vision Critical Surveys and Vision Critical Discussions are available to users free of charge. Fees payable for certain portions of Vision Critical Surveys and Vision Critical Discussions (beyond any free trial period) are subject to a separate agreement between you and VC. Failure to pay such fees will be grounds for termination of this license. Survey Data (as defined below) and all material, documentation and information you provide for the purpose of using Vision Critical Surveys and Vision Critical Discussions are your sole property.

2.0 REGISTRATION INFORMATION

VCCI may at times require that you register and/or set up an account to use certain portions of Vision Critical Surveys and Vision Critical Discussions. In order to do so, you may be provided, or required to choose, a password, user ID, and/or other registration information (collectively, “Registration Information”). You agree and represent that all Registration Information you provide is accurate. If any Registration Information changes, you must update it by using the appropriate mechanism on the Vision Critical Surveys and Vision Critical Discussions website or by contacting VCCI.

3.0 USE OF USER ID/PASSWORD

If you register and/or set up an account you will be solely responsible for maintaining the confidentiality of your Registration Information. You are solely responsible for all usage or activity on your account including, but not limited to, use of the account by any person who uses your Registration Information, with or without your authorization. If you have reason to believe that your account is no longer secure (for example, loss or theft of your Registration Information) you must promptly change the relevant Registration Information.

4.0 COLLECTION AND PROTECTION OF PERSONAL INFORMATION/ANTI-SPAM POLICY

It is your responsibility to obtain the prior consent of any person you survey using Vision Critical Surveys and Vision Critical Discussions, and to the collection, use and disclosure of the information collected from such person (the “Survey Data”), in compliance with all applicable laws.
In using Vision Critical Surveys and Vision Critical Discussions, you acknowledge and agree that you will not violate any SPAM-related or other laws or regulations prohibiting the sending of unsolicited email; that VCCI is the ‘survey host’ and not the sender or author of any survey or emails regarding any surveys; and that you are solely responsible for all email activity for your survey. Any violation of SPAM laws or regulations will be sufficient cause for VCCI to immediately suspend or terminate your use of Vision Critical Surveys and Vision Critical Discussions, without warning to you, and without limiting any other remedies we may have against you.

5.0 USE/PROHIBITED USES OF VISION CRITICAL SURVEYS AND VISION CRITICAL DISCUSSIONS

We do not review survey material (including any links or references within surveys) prior to you posting it to Vision Critical Surveys and Vision Critical Discussions. We do not endorse, verify or in any way take responsibility for any content posted on Vision Critical Surveys and Vision Critical Discussions by anyone other than VCCI, however we may from time to time become aware of content posted on Vision Critical Surveys and Vision Critical Discussions and we reserve the right to remove any survey (in whole or in part) that in our sole discretion contains objectionable content, is in violation of any laws or regulations, is in violation of these Terms or is in some other way deemed inappropriate or incompatible with Vision Critical Surveys and Vision Critical Discussions. You acknowledge and agree that you will: (a) not include in any survey any material that is offensive, obscene, illegal or otherwise objectionable; (b) comply with all laws in the distribution of your surveys (eg in compliance with any laws regarding emails to minors or children); (c) not upload any files that contain viruses or similar software or programs that may damage the operation of Vision Critical Surveys and Vision Critical Discussions or anyone else’s computer; (d) not download, copy, decompile, revise, engineer (or reverse engineer), modify, or derive source code from Vision Critical Surveys and Vision Critical Discussions nor prepare translations or derivative works based upon, distribute, sublicense, rent, lease, sell or otherwise commercially exploit Vision Critical Surveys and Vision Critical Discussions. You agree not to use or misuse any trademarks, brand names, domain names, copyright images or any other proprietary information without all necessary and appropriate consents. If you use any such material or content, you acknowledge that you have all appropriate rights to do so. While we have no obligation to preview, review or monitor your surveys, if we become aware of any improper use of such material or content we reserve the right to remove any offending survey (in whole or in part).

6.0 WARRANTIES AND DISCLAIMERS

VCCI does not warrant the functionality or uptime of Vision Critical Surveys and Vision Critical Discussions or that Vision Critical Surveys and Vision Critical Discussions will be compatible with your computer systems or any Internet technology. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOUR USE OF VISION CRITICAL SURVEYS AND VISION CRITICAL DISCUSSIONS IS AT YOUR SOLE RISK AND THAT VISION CRITICAL SURVEYS AND VISION CRITICAL DISCUSSIONS IS PROVIDED ON AN ‘AS IS’ AND ‘AS AVAILABLE’ BASIS. VCCI MAKES NO REPRESENTATION THAT VISION CRITICAL SURVEYS AND VISION CRITICAL DISCUSSIONS WILL MEET YOUR REQUIREMENTS OR THAT IT WILL BE PROVIDED ON AN UNINTERRUPTED OR ERROR-FREE BASIS, NOR THAT ANY SURVEY RESULTS WILL BE RELIABLE. VCCI EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING (BUT NOT LIMITED TO) MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. VISION CRITICAL SURVEYS AND VISION CRITICAL DISCUSSIONS MAY CONTAIN BUGS, ERRORS OR OTHER LIMITATIONS AND VCCI ASSUMES NO LIABILITY FOR ANY SUCH ERRORS OR OMISSIONS.

7.0 INDEMNITY

You agree to indemnify VCCI, its related entities, officers and directors from any and all claims and demands arising out of your use of Vision Critical Surveys and Vision Critical Discussions, including without limitation, your surveys, survey responses and results or otherwise arising out of your use of Vision Critical Surveys and Vision Critical Discussions.

8.0 LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, NEITHER VCCI NOR ITS RELATED ENTITIES, DIRECTORS OR OFFICERS SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF YOUR ACCESS TO, USE OF, OR FAILURE TO ACCESS OR USE VISION CRITICAL SURVEYS AND VISION CRITICAL DISCUSSIONS, ANY SURVEY OR SURVEY RESPONSES OR RESULTS OR OTHERWISE ARISING PURSUANT TO THESE TERMS, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOU ARE DISSATISFIED WITH VISION CRITICAL SURVEYS AND VISION CRITICAL DISCUSSIONS, THE TERMS OF THIS AGREEMENT OR VCCI IN ANY WAY, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING VISION CRITICAL SURVEYS AND VISION CRITICAL DISCUSSIONS.

9.0 GENERAL PROVISIONS

We reserve the right to deactivate your account as we deem appropriate or necessary, without notice. In such event, your sole remedy will be a reimbursement of any pre-paid fees for services not yet rendered, if any. VCCI is not responsible for data storage or the backup of surveys, or survey responses. It is your responsibility to frequently backup any survey results or information you may require. We reserve the right to delete any user accounts that have not been used for at least 90 days. You may not assign your Vision Critical Surveys and Vision Critical Discussions account to anyone without our prior consent. These Terms and your use of Vision Critical Surveys and Vision Critical Discussions are governed by the laws of the Province of British Columbia (and the federal laws of Canada applicable therein) and any disputes arising between the parties will be submitted to the courts in Vancouver, British Columbia. These Terms of Use may be modified from time to time; the date of the most recent revisions will appear on this page, so check back often. Your continued access of Vision Critical Surveys and Vision Critical Discussions will constitute your acceptance of any modifications.