2022 QUALTRICS XM+
These Qualtrics XM+ Terms & Conditions (these “Terms”) govern your membership and access to the Qualtrics XM+ media content platform (“XM+”). These Terms are between you and the organization you represent (together, “you”) and Qualtrics, LLC a Delaware limited liability company (together with its affiliates, “Qualtrics”). By accessing Content on XM+ or clicking through these Terms, you accept and agree to these Terms on behalf of yourself and your organization.
- MEMBERSHIP; CONTENT
XM+ membership allows members to access certain Qualtrics media content (“Content”) online. Your membership to XM+ automatically renews until terminated. Either you or Qualtrics may cancel your XM+ membership at any time. From time to time, Qualtrics may update XM+ membership pricing or may offer or discontinue various membership plans, at its sole discretion. Qualtrics may change the Content available on XM+ at any time in its sole discretion, and no Content is guaranteed to be available for any period of time or from any geographic location.
Some XM+ membership plans may include access to offerings from third parties, which is provided by Qualtrics solely as a convenience and does not in any way indicate control, approval or endorsement by Qualtrics. Under no circumstances will Qualtrics be liable in any way for any third-party services or information, including but not limited to quality, availability, errors, omissions or damages of any kind. You must evaluate and bear all risks associated with the use of any third-party services, including any reliance on the availability, quality or usefulness of such services. You may be subject to additional terms and conditions that apply when you use such third-party services.
- YOUR USE OF XM+
You must be at least 18 years old to be a member of and access XM+. Your access of Content on XM+ is for your personal, internal, non-commercial use only, and Content may not be used for public performance or display. Through your membership, you are granted a limited, non-exclusive, non-transferable, revocable right to access Content through XM+. No other rights to Content are granted.
You agree to access and use XM+ and the Content in accordance with all applicable laws, rules, and regulations. You will not download, archive, reproduce, distribute, modify, display, perform, publish, license, create derivative works from, offer for sale, or use any Content or any information contained on or obtained from or through XM+. You will not circumvent, remove, alter, deactivate, degrade, or thwart any of the content protections in XM+; use any robot, spider, scraper, or other automated means to access XM+; decompile, reverse engineer, or disassemble any software or other products or processes accessible through XM+; insert any code or product or manipulate the content of XM+ in any way; or use any data mining, data gathering, or extraction method. You will not upload, post, e-mail, or otherwise send or transmit any material designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment associated with XM+, including any software viruses or any other computer code, files, or programs. Qualtrics may terminate or restrict your use of XM+ if you violate these Terms or if Qualtrics determines in its sole discretion that you are engaged in illegal or fraudulent use of XM+.
- YOUR PERSONAL INFORMATION
You are responsible for maintaining the privacy and security of your XM+ membership and account credentials, and you remain responsible for any activity that occurs through your XM+ account.
Qualtrics will handle and protect your personal information in accordance with Qualtrics’ Privacy Statement. By using XM+, you agree that Qualtrics may share your information, in its sole discretion, with third parties that have a need to know the information (such as those Qualtrics retains to assist in administering XM+), and for marketing purposes; in such cases, the data controller is Qualtrics, LLC.
QUALTRICS MAKES NO WARRANTIES OF ANY KIND WITH RESPECT TO THE CONTENT OR ANY PORTION OF XM+, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, AND QUALTRICS SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
YOU REPRESENT AND WARRANT THAT YOU ARE AUTHORIZED TO ENTER INTO THESE TERMS AND THAT YOU CAN AND WILL COMPLY WITH ALL THE TERMS OUTLINED HEREIN.
- ASSUMPTION OF RISK; LIMITATION OF LIABILITY
You accept and assume all risks you may face while accessing the Content and the XM+ website or platform, and you waive any claims against Qualtrics relating to such risks.
QUALTRICS AND ITS LICENSORS AND AGENTS WILL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES (INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, OR DATA), EVEN IF A PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHER, THE MAXIMUM AGGREGATE LIABILITY OF QUALTRICS AND ITS LICENSORS AND AGENTS ARISING FROM OR IN CONNECTION WITH THE CONTENT, XM+, OR THESE TERMS WILL BE LIMITED TO $100 OR THE SMALLEST LIABILITY CAP OVER $100 PERMITTED UNDER APPLICABLE LAW, WHICHEVER IS GREATER. THE LIMITATIONS AND EXCLUSIONS IN THIS SECTION APPLY ONLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
YOU WILL DEFEND, INDEMNIFY, AND HOLD HARMLESS QUALTRICS AND ITS LICENSORS AND AGENTS FROM AND AGAINST ANY AND ALL LIABILITIES, CLAIMS, DAMAGES, EXPENSES (INCLUDING REASONABLE ATTORNEYS’ FEES AND COSTS), AND OTHER LOSSES ARISING OUT OF OR IN ANY WAY RELATED TO YOUR BREACH OR ALLEGED BREACH OF THESE TERMS OR YOUR USE OF XM+, INCLUDING YOUR USE OF THE CONTENT. QUALTRICS RESERVES THE RIGHT TO EMPLOY COUNSEL AND ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU.
Qualtrics may use any comments, information, ideas, concepts, reviews, techniques, or any other material contained in any communication you may send to Qualtrics, including responses to questionnaires, surveys, or through postings to XM+, including related websites and user interfaces (“Feedback”). You hereby grant to Qualtrics a perpetual, worldwide, fully paid, non-revocable license to use Feedback for any purpose whatsoever, including but not limited to developing, manufacturing, and marketing products and creating, modifying, or improving the Content and XM+. In addition, to the extent permitted by applicable law, you agree not to enforce any “moral rights” in and to any Feedback.
- EXPORT CONTROL
Software and the transmission of applicable technical data, if any, in connection with XM+ are subject to export controls. You will comply with all applicable laws regarding software and the transmission of technical data exported from the United States or the country in which you reside.
Qualtrics, the Qualtrics logo, the XM+ logo, and any other Qualtrics marks, graphics, logos, scripts, and sounds are trademarks of Qualtrics. None of the Qualtrics trademarks may be copied, downloaded, or otherwise exploited.
- GOVERNING LAW; JURISDICTION AND VENUE
These Terms and any disputes arising out of or related hereto, shall be governed exclusively by the laws of the State of Utah. The courts of Salt Lake County, Utah shall have exclusive jurisdiction to adjudicate any dispute arising out of or relating to these Terms. Each party hereby consents to the exclusive jurisdiction of such courts.
- RELATIONSHIP OF THE PARTIES
These Terms and the activities governed hereby do not create a partnership, franchise, joint venture, agency, fiduciary, employment, or other similar relationship between the parties. There are no third-party beneficiaries to these Terms.
- WAIVER AND CUMULATIVE REMEDIES
No failure or delay by either party in exercising any right under these Terms shall constitute a waiver of that right. Other than as expressly stated herein, the remedies provided herein are in addition to, and not exclusive of, any other remedies of a party at law or in equity.
- SEVERABILITY AND ASSIGNMENT
If any provision in these Terms is held by a court of competent jurisdiction to be contrary to law, such provision shall be modified by the court and interpreted so as best to accomplish the objectives of the original provision to the fullest extent permitted by law, and the remaining provisions of these Terms shall remain in effect.
You may not assign any of your rights or obligations hereunder, whether by operation of law or otherwise, without the prior written consent Qualtrics. In the event of any purported assignment by you in breach of this paragraph, Qualtrics may terminate these Terms and refuse your access to XM+. Qualtrics may assign these Terms, in whole or in part, without your consent and at its sole discretion. Subject to the foregoing, these Terms shall bind and inure to the benefit of the parties and their successors and assigns.
- CHANGES TO THESE TERMS
Qualtrics may make changes to these Terms from time to time. When these changes are made, Qualtrics will make the updated copy of these Terms available on the XM+ website or platform. It is your responsibility to check the XM+ website/platform for updates. You understand and agree that if you access XM+ after the date on which the Terms have changed, your use will signify acceptance of the updated Terms.
- ENTIRE AGREEMENT
These Terms constitute the entire agreement between you and Qualtrics in relation to XM+ and supersede all prior and contemporaneous terms, agreements, proposals, or representations, written or oral, concerning their subject matter. These Terms may be modified only if updated by Qualtrics, as described herein, or in a writing signed by both you and Qualtrics. No part of these Terms shall be superseded or governed by any Master Services Agreement or other agreement between Qualtrics or an affiliate thereof. To the extent that these Terms are translated, such translation is provided solely for convenience, and the English version of these Terms shall govern any disputes arising herefrom.
Last updated March 1, 2022