2. USER RESPONSIBILITIES.
- Compliance with our Anti-Spam policy. Please see Section 7 below.
- Lawful use of the Services only. Please see Section 8 below.
- Creation and maintenance of all content in the account including but not limited to survey content, email content, address books and current billing and contact information.
- Email list and Address Book maintenance including opt-out contact information and immediate removal of opt-outs and bounces from email lists and the address book.
- Payment of all agreed fees.
- Full responsibility for all activity associated with your use of our Site and Services.
We reserve the right to deactivate your account(s) as we deem appropriate or necessary, without notice. You enter and use the Site and the Services at your own risk. Nexion Consulting is not responsible for your activities, surveys, content, results or questions from respondents, other data, or any other matter concerning your use of the Site or the Services. We are not responsible for the deletion of any data that is in or has been added. If a User account remains inactive for a period of 12 months, we will deactivate the account.
4. PAYMENT TERMS.
You agree to pay all charges to your account, including any applicable taxes, at the rates in effect when the charges are incurred. We may change the fees and charges then in effect, or add new fees or charges, by giving Users advance notice.
5. REGISTRATION & PASSWORD.
You will provide current, complete, accurate information in the registration section of the Site. You will further update and keep that information current as needed. You will provide a password in order to access the Services and your account. Email login must be a valid email address maintained by you. You are solely responsible for maintaining the confidentiality of your password and account information. You will immediately notify us of any unauthorized account activity, or any unauthorized use of your email list(s) or any other breach of security you become aware of.
https://nexion-consulting.ch is a single user service. Multiple logins and passwords to the same account are not available or permitted. You may not share logins and passwords with others. Sharing login information is in violation of this Agreement and may result in immediate account termination.
We agree not to use any of your Confidential Information (defined below) for any purpose except to operate the Site and Services in accordance with this Agreement and for research purposes. We agree not to disclose any of your Confidential Information to any third party other than to our employees, consultants and scientific advisors who are bound by confidentiality obligations and are required to have access to the Confidential Information in order to operate the Site and Services.
7. ANTI-SPAM POLICY.
https://nexion-consulting.ch, a leading Web-based application for research and feedback, is committed to being a trusted member of the Internet community. As such, we have adopted a firm anti-spam stance. Spam can deluge a recipient's email box and waste the recipient's time and money. Spam often causes recipients to complain to their Internet Service Providers who in turn may block or restrict access from legitimate services like www.nexion-consulting.ch, and Users, like you.
To help recipients be free from spam, and to maximize the availability of our Services to our community of Users, we have taken a "zero tolerance" stand against spam. You acknowledge, warrant and agree that:
- You will not engage in any spamming activities in your use of the Services.
- You understand that https://nexion-consulting.ch is not the sender of any survey, and that you are therefore solely responsible for your emailing activities using the Services.
- You warrant that you either have an ongoing business or personal relationship with or have obtained consents to send emails inviting participation in a survey to the persons on your own email list and on any lists you have acquired from a third party.
- Your use of the Site and Services will not violate any Swiss or foreign spamming, junk mail or other related laws or regulations prohibiting or discouraging unsolicited mail.
- If you engage in any unlawful spamming activity, www.nexion-consulting.ch will report such conduct to the appropriate authorities and turn over any and all information, including personally identifiable information, to appropriate law enforcement persons or entities.
- We may request at any time that you provide proof that your email recipients have agreed to receive emails from you.
8. OTHER PROHIBITED USES.
You acknowledge, warrant and agree that:
- You will not transmit through the Service or the Site any pornographic, obscene, offensive, threatening, harassing, libelous, hate-oriented, harmful, defamatory, racist, illegal or otherwise objectionable material or content.
- You will not send any transmission that attempts to hide your identity or represents you as someone else.
- Any attempt by you to transmit, publish or distribute material or content that promotes, provides or relates to instructional information about illegal activities or promotes physical harm or injury against any individual or group is strictly prohibited.
- You will not interfere or disrupt networks connected to the Service and the Site.
- Any attempt by you to gain unauthorized access to any computer system, including accounts, lockers or databases maintained by and for https://nexion-consulting.ch, is strictly prohibited.
9. DISCLAIMER OF WARRANTIES.
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE SERVICE AND THE SITE IS AT YOUR SOLE RISK. THE SERVICE AND THE SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS.
TO THE FULLEST EXTENT ALLOWED BY LAW, HTTPS://NEXION-CONSULTING.CH EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. THE CONTENTS OF THE SERVICES OR THE SITE MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. HTTPS://NEXION-CONSULTING.CH ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN CONTENT.
HTTPS://NEXION-CONSULTING.CH IS NOT RESPONSIBLE FOR THE CONTENTS OF ANY SURVEY OR INVITATIONS TO TAKE SURVEYS OR INVITATIONS TO VIEW SURVEY RESULTS CREATED ON OR THROUGH THE SERVICE NOR IS IT RESPONSIBLE FOR THE RESPONSES SUBMITTED TO ANY SURVEY REQUESTS OR FOR THE RESULTS GENERATED BY SURVEY RESPONSES. WWW.NEXION-CONSULTING.CH DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE RELIABILITY OR ACCURACY OF THE REGISTRATION INFORMATION SUPPLIED TO WWW.NEXION-CONSULTING.CH NOR THE RESPONSES OR INFORMATION SUPPLIED BY SURVEY RESPONDENTS TO USERS IN RESPONSE TO SURVEYS. WWW.NEXION-CONSULTING.CH DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE CONSEQUENCES OF THE USE OF ANY SURVEY, SURVEY RESPONSES OR SURVEY RESULTS. WWW.NEXION-CONSULTING.CH IS NOT RESPONSIBLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION, LOST PROFITS, BUSINESS INTERRUPTION OR OTHER LOSS RESULTING FROM USE OF OR RELIANCE IN ANY WAY ON ANY SURVEY, SURVEY RESPONSES OR SURVEY RESULTS CREATED ON OR THROUGH THE SERVICE OR THE SITE
HTTPS://NEXION-CONSULTING.CH MAKES NO WARRANTY THAT THE SERVICE OR SITE WILL MEET YOUR REQUIREMENTS OR THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, VIRUS-FREE, ERROR-FREE, ACCURATE OR RELIABLE; NOR DOES HTTPS://NEXION-CONSULTING.CH MAKE ANY WARRANTY AS TO ANY INFORMATION THAT MAY BE OBTAINED THROUGH THE SERVICE OR SITE OR THAT DEFECTS IN THE SOFTWARE FOR THE SERVICE WILL BE CORRECTED OR THAT THE SITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH USE OF THE SERVICE OR SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL OR DATA.
10. LIMITATION OF LIABILITY.
TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, NEITHER HTTPS://NEXION-CONSULTING.CH NOR ANY PARENT ENTITIES, SUBSIDIARIES, AFFILIATES, OFFICERS OR EMPLOYEES SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF YOUR ACCESS TO, USE OF, INABILITY TO USE, OR RELIANCE ON THE SERVICE OR ANY SURVEYS, SURVEY RESPONSES OR SURVEY RESULTS, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOU ARE DISSATISFIED WITH THE SERVICE, THE MATERIALS AVAILABLE ON OR THROUGH THE SERVICE OR THE SITE, OR WITH ANY OF THE TERMS OF THIS AGREEMENT, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICE AND LEAVE THE SITE IMMEDIATELY.
11a. PROPRIETARY RIGHTS.
https://nexion-consulting.ch owns the content including the graphics, names, text, software, music, videos, sound, pictures, compilations, survey templates, surveys, page layout, design, processes, procedures, magnetic translation, digital conversion or other material contained in the Service and the Site to the extent such content is provided and/or designed by https://nexion-consulting.ch. It is all protected by copyrights, trademarks, service marks, patents, trade secrets, or other proprietary rights and laws. No one may copy, reproduce, distribute in any way, or decompile, reverse engineer or disassemble the content. You are permitted the limited license to use the content of the Service and the Site as authorized herein to attempt surveys and view survey responses and survey results for your personal use as an end product only. While your account is active, you will have the right to access your surveys, and you assume the entire risk of disclosing such content to third parties. Modification or use of www.nexion-consulting.ch's content in any prohibited way is a violation of copyright and other proprietary laws. No one may copy, reproduce, transmit, post, distribute or create derivative works from this Site without prior express authorization.
11b. NO MISAPPROPRIATION OR MISUSE OF NAMES, MARKS, OTHER PROPRIETARY MATERIAL.
You agree not to use, misuse or misappropriate any brand names, trademarks, service marks, patents, images, text or other proprietary material or content of another on or through the Service or the Site. If you use any such proprietary material or content, by doing so, you warrant that you have the right and authority to do so.
15. NATURE OF AGREEMENT.