TERMS OF SERVICE
A. QUALTRICS 360 MARKETPLACE TERMS OF SALE
B. QUALTRICS 360 MARKETPLACE TERMS AND CONDITIONS
C. PRIVACY POLICY
THE LEGAL AGREEMENTS SET OUT BELOW GOVERN YOUR USE OF THE QUALTRICS 360 MARKETPLACE. TO AGREE TO THESE TERMS, CLICK “I ACCEPT THESE TERMS OF SERVICE” AND THEN CLICK “PURCHASE.” IF YOU DO NOT AGREE TO THESE TERMS, DO NOT CLICK ” I ACCEPT THESE TERMS OF SERVICE,” AND DO NOT USE THE SERVICES.
A. QUALTRICS 360 MARKETPLACE TERMS OF SALE
PAYMENTS, TAXES, AND REFUND POLICY
Payment is required before the viewing of reports or downloading of data. Payment may be made to Qualtrics via check, credit card, or wire transfer. Once payment has been received and processed, you will be able to access the data and reports for your 360.
All sales of Marketplace products are final.
Prices for products offered via the Marketplace may change at any time, and Qualtrics does not provide price protection or refunds in the event of a price reduction or promotional offering.
ELECTRONIC CONTRACTING
Your use of the Marketplaces includes the ability to enter into agreements and/or to make transactions electronically. YOU ACKNOWLEDGE THAT YOUR ELECTRONIC SUBMISSIONS CONSTITUTE YOUR AGREEMENT AND INTENT TO BE BOUND BY AND TO PAY FOR SUCH AGREEMENTS AND TRANSACTIONS. YOUR AGREEMENT AND INTENT TO BE BOUND BY ELECTRONIC SUBMISSIONS APPLIES TO ALL RECORDS RELATING TO ALL TRANSACTIONS YOU ENTER INTO ON THIS SITE, INCLUDING NOTICES OF CANCELLATION, POLICIES, CONTRACTS, AND APPLICATIONS. In order to access and retain your electronic records, you may be required to have certain hardware and software, which are your sole responsibility.
Qualtrics is not responsible for typographic errors.
B. QUALTRICS 360 MARKETPLACE TERMS AND CONDITIONS
THIS LEGAL AGREEMENT BETWEEN YOU AND QUALTRICS LABS, INC. (“QUALTRICS”) GOVERNS YOUR USE OF THE QUALTRICS 360 MARKETPLACE (THE “MARKETPLACE”).
THE QUALTRICS 360 MARKETPLACE
Qualtrics is the provider of the Marketplace, which allows you to purchase and use electronic forms and reports to use in your own 360. Forms and reports are for end user use only under the terms and conditions set forth in this Agreement.
REQUIREMENTS FOR USE OF THE SERVICE
The Marketplace is not included as a part of any other Qualtrics product, and purchasing another Qualtrics product will not represent or guarantee you access to the Marketplace.
YOUR ACCOUNT
As a registered user of the Marketplace, you may establish an account (“Account”). Don’t reveal your Account information to anyone else. You are solely responsible for maintaining the confidentiality and security of your Account and for all activities that occur on or through your Account, and you agree to immediately notify Qualtrics of any security breach of your Account. Qualtrics shall not be responsible for any losses arising out of the unauthorized use of your Account.
You agree to provide accurate and complete information when you register with, and as you use, the Marketplace (“Registration Data”), and you agree to update your Registration Data to keep it accurate and complete. You agree that Qualtrics may store and use the Registration Data you provide for use in maintaining and contacting you with regards to your Account.
ACCEPTABLE USE
Except as otherwise stated in this Agreement, the Marketplace is subject to Qualtrics’ Acceptable User Statement, available at http://www.qualtrics.com/acceptable-use-statement/.
CONTENT AVAILABILITY
Qualtrics reserves the right to change content options (including eligibility for particular features) without notice.
USE OF PURCHASED CONTENT
You agree that the Marketplace and certain Products include security technology that limits your use of Products and that, whether or not Products are limited by security technology, you shall use Products in compliance with the applicable usage rules established by Qualtrics and its publishers (“Usage Rules”), and that any other use of the Products may constitute a copyright infringement. Any security technology is an inseparable part of the Products. Qualtrics reserves the right to modify the Usage Rules at any time. You agree not to violate, circumvent, reverse-engineer, decompile, disassemble, or otherwise tamper with any of the security technology related to such Usage Rules for any reason—or to attempt or assist another person to do so. Usage Rules may be controlled and monitored by Qualtrics for compliance purposes, and Qualtrics reserves the right to enforce the Usage Rules without notice to you. You agree not to use materials in the Marketplace by any means other than through software that is provided by Qualtrics for using the Marketplace. You shall not access or attempt to access an Account that you are not authorized to access. You agree not to modify the software in any manner or form, or to use modified versions of the software, for any purposes including obtaining unauthorized access to the Marketplace. Violations of system or network security may result in civil or criminal liability.
USAGE RULES
(i) You shall be authorized to use a Marketplace product one time per subject that you have paid for.
(ii) You shall be authorized to modify a Marketplace product according to the permissions set by the publisher. You shall not attempt to adjust the branding, content, or information provided beyond the restrictions set by the publisher without express written consent from the publisher.
(iii) You may access all features of the Qualtrics 360 prior to payment collection, with the exception of viewing individual reports, downloading individual reports, viewing admin reports, downloading admin reports, downloading the raw data in any form, or allowing subjects to do any of the above.
(iv) Once data has been collected, you may not use the same Marketplace product again, either with the same subjects or with new subjects, without paying for an additional reports. Purchase of a Marketplace product authorizes you to use the product one time for one subject.
(v) You shall be billed by the number of reports generated from a Marketplace content. You may gather as many responses as required to generate a report for your subject.
The delivery of a Marketplace product does not transfer to you any commercial or promotional use rights in the Marketplace product. Any downloading or exporting capabilities are solely an accommodation to you and shall not constitute a grant, waiver, or other limitation of any rights of the copyright owners in any content embodied in any product from the Marketplace.
You acknowledge that, because some aspects of the Marketplace, products, and administration of the Usage Rules entails the ongoing involvement of Qualtrics, if Qualtrics changes any part of or discontinues the Marketplace, which Qualtrics may do at its election, you may not be able to use Products to the same extent as prior to such change or discontinuation, and that Qualtrics shall have no liability to you in such case.
SUBMISSIONS TO THE SERVICE
The Marketplace may offer interactive features that allow you to submit materials (including links to third-party content) on areas of the Marketplace accessible and viewable by the public. You agree that any use by you of such features, including any materials submitted by you, shall be your sole responsibility, shall not infringe or violate the rights of any other party or violate any laws, contribute to or encourage infringing or otherwise unlawful conduct, or otherwise be obscene, objectionable, or in poor taste. You also agree that you have obtained all necessary rights and licenses. You agree to provide accurate and complete information in connection with your submission of any materials on the Marketplace. You hereby grant Qualtrics a worldwide, royalty-free, nonexclusive license to use such materials as part of the Marketplace, and in relation to products, without any compensation or obligation to you. Qualtrics reserves the right to not post or publish any materials, and to remove or edit any material, at any time in its sole discretion without notice or liability.
Qualtrics has the right, but not the obligation, to monitor any materials submitted by you or otherwise available on the Marketplace, to investigate any reported or apparent violation of this Agreement, and to take any action that Qualtrics in its sole discretion deems appropriate.
THIRD-PARTY MATERIALS
Certain content, Products, and services available via the Marketplace may include materials from third parties. Qualtrics may provide links to third-party websites as a convenience to you. You agree that Qualtrics is not responsible for examining or evaluating the content or accuracy and Qualtrics does not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third parties. You agree that you will not use any third-party materials in a manner that would infringe or violate the rights of any other party and that Qualtrics is not in any way responsible for any such use by you.
INTELLECTUAL PROPERTY
You agree that the Marketplace, including but not limited to products, graphics, user interface, audio clips, video clips, editorial content, and the scripts and software used to implement the Marketplace, contains proprietary information and material that is owned by Qualtrics and/or its publishers, and is protected by applicable intellectual property and other laws, including but not limited to copyright. You agree that you will not use such proprietary information or materials in any way whatsoever except for use of the Marketplace in compliance with this Agreement. No portion of the Marketplace may be reproduced in any form or by any means, except as expressly permitted in these terms. You agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the Marketplace in any manner, and you shall not exploit the Marketplace in any unauthorized way whatsoever, including, but not limited to, by trespass or burdening network capacity, without express written permission from the publisher.
Notwithstanding any other provision of this Agreement, Qualtrics and its publishers reserve the right to change, suspend, remove, or disable access to any products, content, or other materials comprising a part of the Marketplace at any time without notice. In no event will Qualtrics be liable for making these changes. Quatlrics may also impose limits on the use of or access to certain features or portions of the Marketplace, in any case and without notice or liability.
All copyrights in and to the Marketplace (including the compilation of content, postings, links to other Internet resources, and descriptions of those resources) and related software are owned by Qualtrics and/or its publishers, who reserve all their rights in law and equity. THE USE OF THE SOFTWARE OR ANY PART OF THE SERVICE, EXCEPT FOR USE OF THE SERVICE AS PERMITTED IN THIS AGREEMENT, IS STRICTLY PROHIBITED AND INFRINGES ON THE INTELLECTUAL PROPERTY RIGHTS OF OTHERS AND MAY SUBJECT YOU TO CIVIL AND CRIMINAL PENALTIES, INCLUDING POSSIBLE MONETARY DAMAGES, FOR COPYRIGHT INFRINGEMENT.
Qualtrics, the Quatlrics logo, Qualtrics 360, and other Qualtrics trademarks, service marks, graphics, and logos used in connection with the Marketplace are trademarks or registered trademarks of Qualtrics Labs, Inc. in the U.S. and/or other countries. Other trademarks, service marks, graphics, and logos used in connection with the Marketplace may be the trademarks of their respective owners. You are granted no right or license with respect to any of the aforesaid trademarks and any use of such trademarks.
TERMINATION
If you fail, or Qualtrics suspects that you have failed, to comply with any of the provisions of this Agreement, Qualtrics, at its sole discretion, without notice to you may: (i) terminate this Agreement and/or your Account, and you will remain liable for all amounts due under your Account up to and including the date of termination; and/or (ii) terminate the license to the software; and/or (iii) preclude access to the Marketplace (or any part thereof).
Qualtrics reserves the right to modify, suspend, or discontinue the Marketplace (or any part or content thereof) at any time with or without notice to you, and Qualtrics will not be liable to you or to any third party should it exercise such rights.
DISCLAIMER OF WARRANTIES; LIABILITY LIMITATION
QUALTRICS DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, AND YOU AGREE THAT FROM TIME TO TIME QUALTRICS MAY REMOVE THE SERVICE FOR INDEFINITE PERIODS OF TIME, OR CANCEL THE SERVICE AT ANY TIME, WITHOUT NOTICE TO YOU.
YOU EXPRESSLY AGREE THAT YOUR USE OF, OR INABILITY TO USE, THE SERVICE IS AT YOUR SOLE RISK. THE MARKETPLACE AND ALL PRODUCTS AND SERVICES DELIVERED TO YOU THROUGH THE MARKETPLACE ARE (EXCEPT AS EXPRESSLY STATED BY QUALTRICS) PROVIDED “AS IS” AND “AS AVAILABLE” FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, THE ABOVE EXCLUSION OF IMPLIED WARRANTIES MAY NOT APPLY TO YOU.
IN NO CASE SHALL QUALTRICS, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, OR PUBLISHERS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF ANY OF THE SERVICES OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICES, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT (OR PRODUCT) POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE MARKETPLACE, EVEN IF ADVISED OF THEIR POSSIBILITY. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, QUALTRICS’ LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
QUALTRICS SHALL USE REASONABLE EFFORTS TO PROTECT INFORMATION SUBMITTED BY YOU IN CONNECTION WITH THE SERVICES, BUT YOU AGREE THAT YOUR SUBMISSION OF SUCH INFORMATION IS AT YOUR SOLE RISK, AND QUALTRICS HEREBY DISCLAIMS ANY AND ALL LIABILITY TO YOU FOR ANY LOSS OR LIABILITY RELATING TO SUCH INFORMATION IN ANY WAY.
QUALTRICS DOES NOT REPRESENT OR GUARANTEE THAT THE SERVICE WILL BE FREE FROM LOSS, CORRUPTION, ATTACK, VIRUSES, INTERFERENCE, HACKING, OR OTHER SECURITY INTRUSION, AND QUALTRICS DISCLAIMS ANY LIABILITY RELATING THERETO. PRODUCTS CAN BE USED ONLY ONCE PER SUBJECT.
WAIVER AND INDEMNITY
BY USING THE SERVICE, YOU AGREE TO INDEMNIFY AND HOLD QUALTRICS, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, AND PUBLISHERS HARMLESS WITH RESPECT TO ANY CLAIMS ARISING OUT OF YOUR BREACH OF THIS AGREEMENT, YOUR USE OF THE SERVICE, OR ANY ACTION TAKEN BY QUALTRICS AS PART OF ITS INVESTIGATION OF A SUSPECTED VIOLATION OF THIS AGREEMENT OR AS A RESULT OF ITS FINDING OR DECISION THAT A VIOLATION OF THIS AGREEMENT HAS OCCURRED. THIS MEANS THAT YOU CANNOT SUE OR RECOVER ANY DAMAGES FROM QUALTRICS, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, AND PUBLISHERS AS A RESULT OF ITS DECISION TO REMOVE OR REFUSE TO PROCESS ANY INFORMATION OR CONTENT, TO WARN YOU, TO SUSPEND OR TERMINATE YOUR ACCESS TO THE SERVICE, OR TO TAKE ANY OTHER ACTION DURING THE INVESTIGATION OF A SUSPECTED VIOLATION OR AS A RESULT OF QUALTRICS’ CONCLUSION THAT A VIOLATION OF THIS AGREEMENT HAS OCCURRED. THIS WAIVER AND INDEMNITY PROVISION APPLIES TO ALL VIOLATIONS DESCRIBED IN OR CONTEMPLATED BY THIS AGREEMENT.
CHANGES
Qualtrics reserves the right at any time to modify this Agreement and to impose new or additional terms or conditions on your use of the Marketplace. Such modifications and additional terms and conditions will be effective immediately and incorporated into this Agreement. Your continued use of the Marketplace will be deemed acceptance thereof.
MISCELLANEOUS
This Agreement constitutes the entire agreement between you and Qualtrics and governs your use of the Marketplace, superseding any prior agreements between you and Qualtrics. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content, or third-party software. If any part of this Agreement is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. Qualtrics’ failure to enforce any right or provisions in this Agreement will not constitute a waiver of such or any other provision. Qualtrics will not be responsible for failures to fulfill any obligations due to causes beyond its control.
The Marketplace is operated by Qualtrics from its offices in the United States. You agree to comply with all local, state, federal, and national laws, statutes, ordinances, and regulations that apply to your use of the Marketplace. All transactions on the Marketplace are governed by Utah law, without giving effect to its conflict of law provisions. Your use of the Marketplace may also be subject to other laws. You expressly agree that exclusive jurisdiction for any claim or dispute with Qualtrics or relating in any way to your use of the Marketplace resides in the courts of the State of Utah. Risk of loss and title for all electronically delivered transactions pass to the purchaser in Utah upon electronic transmission to the recipient. No Qualtrics employee or agent has the authority to vary this Agreement.
Qualtrcs may notify you with respect to the Marketplace by sending an email message to your Account email address or a letter via postal mail to your Account mailing address, or by a posting in the Qualtrics 360. Notices shall become effective immediately.
Qualtrics reserves the right to take steps Qualtrics believes are reasonably necessary or appropriate to enforce and/or verify compliance with any part of this Agreement.
WARRANTY INFORMATION
NO WARRANTY: YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF MARKEPTLACE PRODUCTS IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE LICENSED APPLICATION AND ANY SERVICES PERFORMED OR PROVIDED BY THE PUBLISHER (“SERVICES”) ARE PROVIDED “AS IS” AND “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND PUBLISHER HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE MARKETPLACE AND ANY SERVICES, EITHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, AND OF NONINFRINGEMENT OF THIRD-PARTY RIGHTS. PUBLISHER DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN OR SERVICES PERFORMED OR PROVIDED BY THE MARKETPLACE PRODUCT WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE LICENSED APPLICATION OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE MARKETPLACE PRODUCT OR SERVICES WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY PUBLISHER OR ITS AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.
Limitation of Liability. TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL THE PUBLISHER BE LIABLE FOR PERSONAL INJURY OR ANY INCIDENTAL, SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE LICENSED APPLICATION, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, OR OTHERWISE) AND EVEN IF THE PUBLISHER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. In no event shall the Publisher’s total liability to you for all damages (other than as may be required by applicable law in cases involving personal injury) exceed the amount of fifty dollars ($50.00). The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.
Qualtrics Labs, Inc., 2250 N. Univ. Pkwy, 48-C, Provo, UT 84604
Last updated 23 March 2011