Posted on: 2014-05-01 Last updated: 2018-05-24
- Evolving Services. SurveyLegend is always evolving and functionality may be modified, added or removed from a Service at any time without notification. SurveyLegend may also limit or stop a Service at its discretion. If SurveyLegend ceases a Service, we will give you reasonable advance notice to provide you with a chance to export a copy of your Content from that Service. SurveyLegend may delete content from the Services at any time in our sole discretion, although we will try to notify you before we do that if it materially impacts you and if possible.
- Adjusted Terms. To reflect changes in related law or updates to Services, and to account for new Services or functionality these Terms may be adjusted and changed at any moment by us.
- SurveyLegend may also provide notification of changes on its blog, social media or via email.
- Minor updates in these Terms and changes that do not have major impact may not be announced by using notifications, to avoid spaming users.
- In order for certain changes to become effective, related law may force SurveyLegend to acquire your approval to such changes, or to provide you with adequate advance notice of them. Other than that we keep the right to update our Terms without obtaining your consent.
- Changes will be active no sooner than the day they are publicly posted. If you do not want to concur 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 obligated by the updated terms.
- Disclaimers. We always try to keep our online Services up, but they may be unavailable sometimes for different reasons. EXCEPT AS SPECIFICALLY PROVIDED IN THESE TERMS AND TO THE EXTENT PERMITTED BY RELATED LAW, THE SERVICES ARE PROVIDED “AS IS” AND SurveyLegend DOES NOT MAKE WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING THOSE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OR ANY REGARDING AVAILABILITY, RELIABILITY, OR ACCURACY OF THE SERVICES.
- Limitation of legal responsibility. TO THE EXTENT PERMITTED BY RELATED LAW, THE AGGREGATE LIABILITY OF EACH OF SurveyLegend, ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS, AND LICENSORS ARISING OUT OF OR IN CONNECTION WITH THE SERVICES AND THESE TERMS WILL NOT EXCEED THE GREATER OF: (A) THE AMOUNTS PAID BY YOU TO SurveyLegend FOR USE OF THE SERVICES AT ISSUE DURING THE 3 MONTHS PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY; AND (B) US$25.00.
- Exclusion of specific legal responsibility. TO THE EXTENT PERMITTED BY RELATED LAW, SurveyLegend, ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS, AND LICENSORS WILL NOT BE ACCOUNTABLE FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE, OR EXEMPLARY DAMAGES WHATSOEVER, INCLUDING DAMAGES FOR LOST PROFITS, LOSS OF USE, LOSS OF DATA, ARISING OUT OF OR IN CONNECTION WITH THE SERVICES AND THESE TERMS, AND WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, EVEN IF SurveyLegend HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF A ANSWER FAILS OF ITS ESSENTIAL PURPOSE.
- Businesses. If you are a business, you will assure and hold harmless SurveyLegend and its affiliates, officers, agents, and employees from all liabilities, damages, and costs (including settlement costs and reasonable attorneys’ fees) arising out of a third party claim regarding or in connection with your use of the Services or a breach of these Terms, to the extent that such liabilities, damages and costs were caused by you.
- Consumers. We recognize 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 limits any of those consumer rights.
Contracting EntitySurveyLegend AB For any Service provided by SurveyLegend AB, the following provisions will apply to any terms governing that Service:
- Agreement. If not otherwise specified in relation to a particular Service, the Services are provided by, and you are contracting with, SurveyLegend AB.
- The Governing Law.These agreements are governed by the Swedish law and other mandatory acts (without regard to its conflict of laws requirements).
- Jurisdiction.Except if prohibited by related law, each party submits to the exclusive jurisdiction of the courts located in Malmö, Skåne(Scania) County.
- Contracting Entity.References to “SurveyLegend”, “we”, “us”, and “our” are references to SurveyLegend AB, located at Hamngatan 4, 211 22, Malmö, Sweden.
- Assignment. You may not dispense these agreements without SurveyLegend’s written consent, which may be withheld in SurveyLegend’s sole discretion. SurveyLegend may dispense these Terms at any time without notice to you.
- Full Agreement. These agreements (including the Additional agreements) form the entire agreement between you and SurveyLegend, and they surpass any other prior or contemporary agreements, agreements and conditions, written or oral relating to its subject matter. Any agreements and conditions appearing on a purchase order or similar document issued by you do not apply to the Services, do not override or form a part of these agreements, and are annulled.
- Interpretation. The use of the agreement “includes”, “including”, “such as”, and similar terms, will be deemed not to limit what else might be included.
- No Waiver. A party’s failure or delay to enforce a agreement under these agreements is not giving up of its right to do so later.
- Self-governing Contractors. The relationship between you and SurveyLegend is that of independent contractors, and not legal partners, employees, or agents of each other.
- Third Party Beneficiaries. There are no third party beneficiaries to these agreements.
- Severability. If any agreement of this agreement is decided to be unenforceable by a court of competent jurisdiction, that agreement will be severed and the remainder of terms will remain in full effect.
- Superiority. To the extent any conflict exists, the Additional agreements prevail over this TOU with respect to the Services to which the Additional agreements apply.