These Terms of Service (the “Terms of Service” or “Agreement”) govern your access and use of https://responsenow.io/ including all subdomains (the “Website”), our applications for mobile devices (the “Applications”) and the services provided therein by Response Now Ltd., a company formed under the laws of the Czech Republic, located at Vladislavova 1390/17, 110 00 Prague 1, ID: 05067529 (“Response Now” or “we” or “us”). As used in these Terms of Service, the “Services” mean the marketing research services provided by Response Now through the Website.
If you are a resident of the United States, you agree to the Arbitration Agreement and class action waiver described in the “Arbitration Clause” section below to resolve any disputes with Response Now (except for matters that may be taken to small claims court).
We may change the pricing for the Services or any components thereof from time to time and in any manner as we may determine in our sole and absolute discretion. Adjustments in pricing will be effective following our e-mail notification to you, unless otherwise provided in these Terms of Service. For the avoidance of doubt, any order for Services already placed will not be affected. Afterwards, if you do not agree with the modified pricing, your sole recourse would be to terminate your use of the Services.
You warrant that you have all the necessary rights to all information you provide to us for the purpose of provision of the Services (“Content”) and that our use of the Content will not infringe the intellectual property rights or any other rights of any third party, and that if third party information is used, the necessary consents have been given for such use.
You hereby grant us a non-exclusive, royalty-free, transferable, sub-licensable, worldwide license to use, store, display, reproduce, re-post, modify, create derivative works, perform, and distribute Content on the Website and other third party websites or applications for the purposes directly or indirectly connected to operating Website or Services including, among others, providing, improving, promoting, developing, or facilitating Services by us and using the Services by you and other users.
You hereby grant us the right to use your name in any promotional materials and to refer to you, orally or in writing, as a customer of the Services for promotional, marketing and financial reporting purposes.
The access to the Services is subject to successful registration of a Response Now account (the “Account”) at the Website. Upon registration, you will be responsible for the use of your Account. You control access to your Account through your password which you should not share with anyone. You are responsible for updating and maintaining the accuracy of your Account information.
If Response Now determines, in its sole discretion, that you have breached or failed to comply with these Terms of Service or otherwise violated the law or any applicable rule or regulation or that your actions are harmful to Response Now, we reserves the right cancel your Account or your use of the Services, without notice or liability.
In the case of Account cancellation, your appropriate rights under these Terms of Service will automatically terminate. In such case, you must cease all use of the Website and will not be able to place another order for Services. Our failure to insist upon or enforce your strict compliance with these Terms of Service will not constitute a waiver of any of its rights.
Upon registration of your Account on the Website, you will be able to place an order for the Services. We will ask for you to provide us with certain information, such as the scope of the market research study and the target group for the study. We will then compile the information received from you and confirm the details with you. Upon your final approval of the order, we conduct a market research study, analyze the data, and produce a report. The report will be sent to you to the e-mail address provided at registration and will also store the report on your Account on the Website.
We will use commercially reasonable endeavors to make the Services available on a continuous basis. An exception to the availability of the Services will be brief periods of maintenance. Response Now will endeavor to keep any downtime as a result of maintenance to a minimum.
You can issue the payment for the Services by providing us your credit cards or debit card details (the “Payment”). Services will commence upon successful processing of the Payment, and the fees will be invoiced when you order the Services. Fees for the Services may be subject to additional charges, such as any local, state, federal or foreign taxes, levies, and duties. For certain Payments, the issuer of your Payment may charge you a foreign transaction fee or other charges. Check with your Payment service provider for details.
Any payments issued for Services are non-cancellable and non-refundable.
You may send your comments or questions as to our Services and Website to our e-mail at firstname.lastname@example.org. Any comments, reviews, information or materials so provided may be used, displayed, reposted, reproduced, distributed, modified, deleted from, added to, publicly performed, and/or published by Response Now without any compensation or other consideration to you or third parties and you hereby waive any “moral rights” in and to such comments, reviews, information and materials.
Any Services provided shall be for your Account only and any marketing research report provided to you may not be sold, licensed, leased, rented, assigned, transferred, distributed, disclosed, or otherwise commercially exploited, or otherwise made available by you to any third party. You agree you will not, except as is allowed by applicable laws, attempt to copy, modify, duplicate, create derivative works from, frame, mirror, republish, download, display, transmit, or distribute all or any portion of the Services in any form or media or by any means or attempt to reserve compile, disassemble, reverse engineer or otherwise reduce to either machine or human-perceivable form all or any part of the Service, nor will you use the Services to provide services to third parties or in order to build a product or service competing with the Services.
You agree you will use all reasonable endeavors to prevent any unauthorized access to, or use of, the Services and will promptly notify us of any such unauthorized use.
Response Now is the owner of the Services and any related end-products, including all copyrights and other ownership and intellectual property rights therein. Response Now retains proprietary rights to the Website and Services, and any associated copyrights, trademarks, service marks, patents, or other proprietary rights contained therein. The Website and Services are protected by copyright, trade secret and other intellectual property laws and treaties.
We grant you a limited, non-transferable, license to use, copy and distribute any report generated under the Service for your internal business purpose, provided you do not remove any watermarks, logos or other copyright notices of Response Now from such reports. Except for the foregoing limited license, no right, title or interest shall be transferred to you.
You may not use the Response Now’s trademarks or service marks in connection with any product or service not provided by us, or in a manner that may cause confusion, dilution, or tarnish the image of Response Now’s mark.
All data provided to us by you is confidential and we will not use any data for any other purposes than to exercise our rights and perform our obligations in connection with conducting of the Services. You acknowledge that in order to properly carry out the Service, information given to us by you will be made available to third parties in order to enable the market research activities. You acknowledge that such third parties are not representatives of Response Now and Response Now is not responsible for the acts and omissions of those third parties.
You acknowledge and agree that Response Now shall be entitled to retain and use both during and after the provision of the Service data received or generated from the use of the Services on an anonymized, de-identified basis which does not identity you for such purposes as Response Now may require including operational purposes, for producing reports, trends analysis, forecasting, monitoring, and Response Now shall own such information and data.
Due to the sensitive nature of certain data ordered and received by you, we understand we may need to enter into a further agreement with you to protect such data. In such a case, contact us at email@example.com.
THE RESPONSE NOW SERVICES, THE WEBSITE, AND SOFTWARE ASSOCIATED THEREWITH, OR ANY OTHER FEATURES ASSOCIATED WITH THE RESPONSE NOW SERVICES, ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. RESPONSE NOW DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF THE RESPONSE NOW SERVICES OR WEBSITE, WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT INFORMATION OBTAINED THROUGH THE SERVICES WILL BE DELIVERED FREE OF ANY INACCURACIES, OMISSIONS OR ERRORS OR WILL MEET YOUR REQUIREMENTS.
TO THE EXTENT PERMISSIBLE UNDER APPLICABLE LAWS, IN NO EVENT SHALL RESPONSE NOW, OR ITS SUBSIDIARIES OR ANY OF THEIR SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES OR LICENSORS BE LIABLE (JOINTLY OR SEVERALLY) TO YOU FOR PERSONAL INJURY OR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER.
RESPONSE NOW ASSUMES NO RESPONSIBILITY FOR RESULTS OBTAINED FROM THE SERVICES, AND FOR ALL CONCLUSIONS DRAWN FROM SUCH USE. RESPONSE NOW SHALL ASSUME NO LIABILITY FOR ANY DAMAGES CAUSED BY ERRORS OR OMISSIONS IN ANY INFORMATION PROVIDED BY YOU IN CONNECTION WITH THE SERVICES.
YOU ACKNOWLEDGE THAT RESPONSE NOW SOLELY PROVIDES DATA AND INFORMATION, AND DOES NOT PROVIDE ANY MARKETING, PLANNING, COMMERCIAL, FINANCIAL, TAX, ACCOUNTING, LEGAL, OR OTHER PROFESSIONAL ADVICE. YOU ACKNOWLEDGE THAT RESPONSE NOW IS NOT RESPONSIBLE FOR ANY LOSS OR DAMAGE SUFFERED BY YOU RESULTING FROM ANY DECISIONS YOU TAKE AS A RESULT OF USING THE SERVICES AND YOU AGREE THAT YOU USE THE SERVICES AT YOUR OWN RISK.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES. THEREFORE, SOME OF THE ABOVE LIMITATIONS IN THIS SECTION MAY NOT APPLY TO YOU.
You agree to indemnify and hold Response Now and its respective employees, directors, officers, and agents harmless from any liabilities, claims, expenses or demands, including reasonable attorneys’ fees, arising directly or indirectly out of (a) your misuse of the Services; (b) your violation of the laws, rules, regulations, © your breach of these Terms of Service; (d) your infringement of any intellectual property or other rights of any third party; and (e) any other matter for which you are responsible hereunder or under law. You agree that your use of the Services shall be in compliance with all applicable laws and regulations.
Response Now shall not be liable for any delay in performance of its obligations, or from carrying on its business, events, omissions or accidents beyond its reasonable control, including without limitation, strikes, lock-outs or other industrial disputes, failure of a utility services or transport or telecommunications network, act of God, war, riot, civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of plant or machinery, fire, floor, storm or default of Response Now or sub-contractor, provided that you are notified of such an event and its expected duration.
If you live in the United States (including its possessions and territories), you and Response Now agree that any dispute, claim or controversy arising out of or relating in any way to the Services, Content, these Terms of Service and this Arbitration Agreement, shall be determined by binding arbitration or in small claims court. Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, allows for more limited discovery than in court, and is subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. You agree that, by agreeing to these Terms of Service, the U.S. Federal Arbitration Act governs the interpretation and enforcement of this provision, and that you and Response Now are each waiving the right to a trial by jury or to participate in a class action. This arbitration provision shall survive termination of this Agreement and the termination of your Response Now membership.
If you elect to seek arbitration or file a small claim court action, you must first send to Response Now, by certified mail, a written notice of your claim (“Notice”). The Notice to Response Now must be addressed to: General Counsel, Response Now, Vladislavova 1390/17, 110 00 Prague 1, Czech Republic (“Notice Address”). If Response Now initiates arbitration, it will send a written Notice to the e-mail address used for your Account. A Notice, whether sent by you or by Response Now, must (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought (“Demand”). If Response Now and you do not reach an agreement to resolve the claim within 30 days after the Notice is received, you or Response Now may commence an arbitration proceeding or file a claim in small claims court. You may download or copy a form Notice and a form to initiate arbitration at www.adr.org.
The arbitration will be governed by the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (collectively, “AAA Rules”) of the American Arbitration Association (“AAA”), as modified by this Agreement, and will be administered by the AAA. The AAA Rules and forms are available online at www.adr.org, by calling the AAA at 1–800–778–7879, or by writing to the Notice Address. The arbitrator is bound by the terms of this Agreement. All issues are for the arbitrator to decide, including issues relating to the scope and enforceability of this arbitration agreement. Unless Response Now and you agree otherwise, any arbitration hearings will take place in the capital of the state of your residence.
If your claim is for US$10,000 or less, we agree that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If your claim exceeds US$10,000, the right to a hearing will be determined by the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based. Except as expressly set forth herein, the payment of all filing, administration and arbitrator fees will be governed by the AAA Rules.
YOU AND RESPONSE NOW AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and Response Now agree otherwise, the arbitrator may not consolidate more than one person's claims with your claims, and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable, then the entirety of this arbitration provision shall be null and void. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim.
By registering an Account and/or using the Services, you consent to receiving electronic communications from Response Now relating to your Account, purchases, and the Services. These communications may involve sending emails to your e-mail address provided during registration and will include notices about your Account (e.g., payment authorizations, change in password or Payment, confirmation e-mails and other transactional information) and are part of your relationship with Response Now. You agree that any notices, agreements, disclosures or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing. You should maintain copies of electronic communications by printing a paper copy or saving an electronic copy.
You can change your e-mail preferences by simply going to “https://config.responsenow.io/account” page of the Website and changing the settings as you see fit.
If any of the provisions, or portions thereof, of these Terms of Service are found to be unlawful, invalid or null and void, under any applicable statute or rule of law, then, that provision (or portion thereof) notwithstanding, these Terms of Service shall remain in full force and effect and such provision or portion thereof shall be deemed omitted.
This Agreement and the rights granted and obligations undertaken hereunder may not be transferred, assigned, or delegated in any manner by you, but may be freely transferred, assigned, or delegated by Response Now.
All matters relating to these Terms of Service and the use of the Services shall be governed by the laws of the state of New York, USA, without regard to the conflicts of laws principles nor the United Nations Convention on the International Sale of Goods. Any action brought in connection with these Terms of Service or Services shall be brought exclusively in the state and federal courts located in New York, NY.
To find more information about our Services and their features, or if you need assistance with your Account, please visit https://responsenow.io/ or send us an e-mail at firstname.lastname@example.org. In the event of any conflict between these Terms of Service and information provided by customer support or other portions of our Website, these Terms of Service will control.