
WWW.ASKGET.COM
Terms and Conditions of Service
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1. Description of Service
Welcome to Askget.com. This internet site ("Site") provides a service whereby Users can create form forms ("Forms") on the Site and release the Forms for individuals ("Respondents") to complete. Askget.com assumes no responsibility or liability for the analysis or interpretation of the Responses to the Forms.
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2. Acceptance of Terms.
This Agreement sets forth the terms and conditions governing the use of Membership service on the Askget.com website (www.askget.com), hereinafter referred to as the "Site." Membership on the Site provides registered Users (each a "User") with a package of content and services. Membership is available to anyone who provides all required registration information, including providing an accurate, legitimate electronic mail address. A valid method of payment for User Service Fees is required before Askget.com will release the Form for respondent response.
By registering as a User, you agree to use the Site in accordance with the terms and conditions discussed below and in a manner consistent with all applicable laws and regulations. BY CLICKING ON THE "REGISTRATION" BUTTON, YOU AGREE TO THESE TERMS AND CONDITIONS OF SERVICE [GFD1].
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3. Age and Responsibility
You represent and warrant that you are of sufficient legal age to use this Site and to create binding legal obligations for any liability you may incur as a result of the use of this Site. You agree to be financially responsible for all of your use of this Site (as well as for your account or log-in by others, including, without limitation, minors residing with you). You agree to supervise all usage by minors of this Web Site under your name or account.
You further acknowledge that individuals of all ages have access to the World Wide Web and you agree to accept full responsibility for ensuring that Forms created under your account and password which are of an "adult nature" are not accessed by any individuals under 18 years of age.
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4. Registration Obligations
In consideration of your use of the Site, you agree to: (a) provide true, accurate, current, and complete information about yourself as prompted by the User Registration Form (Registration Data); and (b) maintain and promptly update the Registration Data to keep it true, accurate, and complete. If you provide any information that is untrue, inaccurate, or not complete, or Askget.com has reason to believe that such information is untrue, inaccurate, or incomplete, Askget.com has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof). You agree to access your "User Profile" through the User Profile link located on the Form center page to update your registration information.
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5. User Account, Password, and Security
You will select a User Name and User Password upon completing the Registration process. You are responsible for maintaining the confidentiality of the password and account, and you are fully responsible for all activities that occur under your User Name or User Password. You agree to: (a) notify Askget.com immediately of any unauthorized use of your password or account; and (b) ensure that you exit from your account at the end of each session. Askget.com cannot and will not be liable for any loss or damage arising from your failure to comply with this term.
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6. Price and Payment
Users may create forms FREE OF CHARGE. Users will be charged a $249.00 fee for each and every form released through Askget.com. For this fee Askget will store up to 1000 responses. Corporate rates are available. Please email asket.com if you are interested in a corporate account.
Askget.com stores the responses and enables Users to access, analyze, and download the data for two months. Askget.com then purges the responses from the system after two months.
A Form is transferred from release status back to design status two months after the Form is released. Users may re-release the Form for an additional $249.00 fee. For this fee Askget will store up to 1000 responses after the re-release.
Access to the Site is available to Users free of charge, exclusive of other Internet or telecommunications fees. In order to use the Site, you must obtain access to the World Wide Web, either directly or through devices that access web-based content, and pay any service fees associated with such access. In addition, you must provide all equipment necessary to make such connection to the World Wide Web, including a computer and modem or other access device.
All credit card information is processed through Cardservice International and is protected by SSL (secure socket layer) security.
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7. Ownership
Askget.com is the owner of all copyrights, trade secrets, patents, or other intellectual property rights in this Site and [GFD2]each of its computer software modules, except for any portions of the Site that may be owned by a third-party provider. You may not disassemble, decompile, reverse engineer, or otherwise derive source code from software, reproduce, distribute, publish, license, modify, create derivative works from, transfer, sell, rent or lease any information software products, or services obtained in this Site without the express permission of Askget.com.
You agree not to reproduce, copy, sell, resell, or exploit for any commercial purposes, any portion of the Service, use of Service, or access to the Service.
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8. User Conduct
You agree not to use this Site or the Service provided to:
a. upload, post, or otherwise transmit any information, data, text, software, music, sound, photographs, video, messages, or other material ("Content") that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically, or otherwise objectionable;
b. harm minors in any way;
c. impersonate any person or entity, or otherwise misrepresent your affiliation with a person or entity;
d. forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the Service;
e. upload, post, or otherwise transmit any content that you do not have a right to transmit under any law or any contractual or fiduciary relationships;
f. upload, post, or otherwise transmit any Content that infringes any patent, trademark, trade secret, copyright, or other proprietary rights ("Rights") of any party;
g. upload, post, or otherwise transmit any Content or other material that contains software viruses or any other corrupt computer code, files or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment;
h. intentionally or unintentionally violate any applicable local, state, national, or international law;
i. use this Site or Service to in any way harass another; or
j. use this Site or Service to in any way promote illegal activity.
You acknowledge that Askget.com does not pre-screen any content that is transmitted through the release of Forms created by Askget.com Users or Responses to those Forms, but Askget.com shall have the right (but not the obligation) in its sole discretion to refuse, DELETE FROM , or move from the Site or Service any Forms or Responses, or portions there-of, at any time without notice to the Users, any Content that is, in Askget.com's sole opinion, inconsistent with the Terms and Conditions of this Agreement, or violates any local, state, national, or international law.
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9. LIMITATION OF WARRANTY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
a. YOUR USE OF THIS SITE AND THIS SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. ASKGET.COM 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.
b. ASKGET.COM MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS; (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE; (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THIS SERVICE WILL MEET YOUR EXPECTATIONS; AND (v) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
c. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE 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.
d. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM ASKGET.COM OR THROUGH OR FROM THIS SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS AND CONDITIONS OF SERVICES AGREEMENT.
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10. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT ASKGET.COM SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TOO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER TANGIBLE OR INTANGIBLE LOSSES (EVEN IF ASKGET.COM HAS BEEN ADVISED OF SUCH DAMAGES) RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO, THROUGH, OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY, INCLUDING A RESPONDENT TO ANY USER QUESTIONNAIRE, ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.
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11. EXCLUSIONS AND LIMITATIONS
SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE PARAGRAPHS 7 AND 8 MAY NOT APPLY TO YOU. IF, HOWEVER, DESPITE THE EXCLUSIONS CONTAINED IN PARAGRAPHS 7 AND 8, ASKGET.COM SHOULD BE FOUND LIABLE FOR ANY LOSS OR DAMAGE WHICH ARISES OUT OF OR IS IN ANY WAY CONNECTED WITH ANY OF THE FUNCTIONS OR USES OF THE SITE OR SERVICE, THE LIABILITY OF ASKGET.COM SHALL NOT EXCEED THE AMOUNT OF ANY USER FEE OR SERVICE CHARGES PAID BY THE CLAIMANT TO ASKGET.COM TO DATE WITH RESPECT TO WHICH LIABILITY IS FOUND.
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12. Indemnity
You agree to indemnify Askget.com and hold Askget.com harmless against any and all claims and expenses, including attorneys fees, made by any third party, including Respondents to the User Forms, arising from any and all use of this Site or Service under your Askget.com account and password. It is the User's sole responsibility to maintain the privacy of the data which the Respondents provide in response to the Forms. You agree to indemnify Askget.com for any and all Third Party claims resulting from mishandling of the Respondent's information.
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13. Links
The Service may provide links to other World Wide Web sites or resources. Because Askget.com has no control over such sites and resources, you acknowledge and agree that Askget.com is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that Askget.com shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods, or services available on or through any such site or resource.
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14. Notice
Notices to you may be made via either electronic or regular mail. Askget.com may also provide notices of changes to this Terms and Conditions of Service Agreement or other matters by displaying notices or links to notices to you generally on the Site.
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15. Modification
Askget.com may modify these terms and conditions of this Agreement at any time, and your continued use of this Site will be conditioned upon the terms and conditions in force at the time of your use. Askget.com will notify Users of a modification of the fee arrangement via electronic mail.
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16. Termination of Agreement
You agree that Askget.com, in its sole discretion, may without notice to you, terminate your password, account, or use of the Service, and remove and discard any Content in any Forms or Responses to Forms, for any reason, including, without limitation, for lack of use or if Askget.com believes that you or any Respondents to Forms generated under your account or password have violated or acted inconsistently with the letter or spirit of this Agreement or local, state, federal, or international law.
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17. Governing Law
This Agreement and its performance shall be governed by the laws of the State of New Jersey, United States of America, without giving effect to applicable conflicts of laws provisions. You consent and submit to the exclusive jurisdiction of the state courts [GFD3]located in Monmouth County, the State of New Jersey, United States of America, in all questions and controversies arising out of your use of the Site and this Agreement.
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18. Severability
These terms and conditions shall be deemed severable. In the event that any provision is determined to be unenforceable or invalid, such provision shall nonetheless be enforced to the fullest extent permitted by applicable law, and such determination shall not affect the validity and enforceability for any other remaining provisions.
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19. Headings
The headings used in this Terms and conditions of Service Agreement are included for convenience purposes only and will not limit or otherwise affect these Terms and Conditions.
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20. Merger Clause
This Agreement constitutes the entire Agreement between the parties with respect to the subject matter contained herein and supercedes any other agreement, proposals, and communications, written or oral, between Askget.com and the User.
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