Website effectiveness measurement by WeBenchmark

Terms of Use

ANY PERSON OR ENTITY ("User") ACCESSING THE WEBENCHMARK.COM WEBSITE (the "Site" or "Service") OR ANY OF THE INFORMATION CONTAINED HEREIN AGREES TO AND IS BOUND BY THE FOLLOWING TERMS AND CONDITIONS OF THIS WEBENCHMARK.COM WEB SITE TERMS OF USE ("Agreement"):

This Agreement is a legal agreement between the User and FeedbackMetrics AS (the owner of WeBenchmark.com) for the WeBenchmark.com Software Application Services you subscribe to. These Software Application Services include computer software, data storage mechanisms, databases and related designs, printed materials, and online or electronic documentation (Software Application Services, Application Services, or Software). By using the Software Application Services, you agree to be bound by the terms of this Customer Agreement. If you do not agree to the terms of this Customer Agreement, you are not authorized to use the Software Application Services.

1. PAYMENT
You agree to pay all applicable charges under this Agreement, including any applicable taxes or charges imposed by any government entity, and that FeedbackMetrics may change its pricing at any time. User must supply FeedbackMetrics with correct credit card information, and any changes in credit card validity or expiration date must be updated. FeedbackMetrics will automatically renew and charge User's account every year for subscriptions. The renewal charge will be equal to the original subscription price, unless FeedbackMetrics notifies User otherwise in advance. If the credit card cannot be processed for any reason, FeedbackMetrics reserves the right to cancel the Service.

2. MEMBER ACCOUNT, PASSWORD AND SECURITY
You will receive a password and account designation upon completing the Service's registration process. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify FeedbackMetrics of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. FeedbackMetrics cannot and will not be liable for any loss or damage arising from your failure to comply with this Section.

3. MEMBER CONDUCT
User agrees not to attempt to damage, deny service to, hack, crack, reverse-engineer, or otherwise interfere (collectively, "Interfere") with WeBenchmark.com website in any manner. If User in any way Interferes with WeBenchmark.com website, User agrees to pay all damages incurred by FeedbackMetrics, including any consequential damages, and agrees that the measure of hard to determine damages will be the highest estimate of damages as provided by FeedbackMetrics. User's Interference with WeBenchmark.com website relieves FeedbackMetrics of any of its contractual or other legal obligations to User.

FeedbackMetrics will cooperate with the authorities in prosecuting any User who Interferes with WeBenchmark.com website, attempts to defraud WeBenchmark.com, or attempts to defraud credit card companies or any other parties through User's use of WeBenchmark.com website or services.
User agrees to only include the WeBenchmark.com script, which contains link to the WeBenchmark.com survey, on the website defined when subscribing to this Software Application Service.  User also agrees not to make any modification to the WeBenchmark.com script, and that the script under no circumstances can be moved to a different website.

FeedbackMetrics reserves the right to refuse any or all service to any User for any reason, at any time, at FeedbackMetrics's sole discretion.

4. COMPLIANCE WITH AGREEMENT AND LAWS
You shall use the Software Application Service only in compliance with this Terms of Use and and international laws (including, but not limited to, policies and laws related to spamming, copyright and trademark infringement, defamation, privacy, obscenity, and child protective email address registry laws).

5. MODIFICATIONS TO SERVICE
FeedbackMetrics reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that FeedbackMetrics shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.

You agree that FeedbackMetrics has no responsibility or liability for the deletion or failure to store any survey data. You acknowledge that FeedbackMetrics reserves the right to delete accounts that are inactive for an extended period of time. You further acknowledge that FeedbackMetrics reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.

6. COPYRIGHTS
The Software Application Services are protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The Software Application Services are licensed, not sold.

All title and copyrights in and to the Software are owned by FeedbackMetrics or its suppliers. All title and intellectual property rights in and to the content which may be accessed through use of the Software Application Services is the property of the respective content owner and also may be protected by applicable copyright or other intellectual property laws and treaties.

7. LINKS TO THIRD PARTIES
FeedbackMetrics makes no claims or representations about any website not under FeedbackMetrics's control that a User may access from a FeedbackMetrics website-- by link, frame, or any other means ("Linked Website"). Any link, frame, or any other means to access any Linked Website provided by FeedbackMetrics or otherwise on WeBenchmark.com does not constitute FeedbackMetrics's endorsement, recommendation, or acceptance of any responsibility for the content of that Linked Website or the operators of that Linked Website.

8. LIABILITY DISCLAIMER
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE WEBENCHMARK.COM WEBSITES/SERVICES MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY MADE TO THE WEBENCHMARK.COM WEBSITES/SERVICES AND TO THE INFORMATION THEREIN. FEEDBACKKMETRICS AND/OR ITS RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN WEBENCHMARK.COM WEBSITES/SERVICES AT ANY TIME.

FEEDBACKMETRICS AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, LACK OF VIRUSES OR OTHER HARMFUL COMPONENTS AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED WITHIN THE WEBENCHMARK.COM WEBSITES/SERVICES FOR ANY PURPOSE. ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. FEEDBACKMETRICS AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, TITLE AND NON-INFRINGEMENT.

YOU SPECIFICALLY AGREE THAT FEEDBACKMETRICS SHALL NOT BE RESPONSIBLE FOR UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, ANY MATERIAL OR DATA SENT OR RECEIVED OR NOT SENT OR RECEIVED, OR ANY TRANSACTIONS ENTERED INTO THROUGH A WEBENCHMARK.COM SITE/SERVICE. YOU SPECIFICALLY AGREE THAT FEEDBACKMETRICS IS NOT RESPONSIBLE OR LIABLE FOR ANY THREATENING, DEFAMATORY, OBSCENE, OFFENSIVE OR ILLEGAL CONTENT OR CONDUCT OF ANY OTHER PARTY OR ANY INFRINGEMENT OF ANOTHER'S RIGHTS, INCLUDING INTELLECTUAL PROPERTY RIGHTS. YOU SPECIFICALLY AGREE THAT FEEDBACKMETRICS IS NOT RESPONSIBLE FOR ANY CONTENT SENT USING AND/OR INCLUDED IN A WEBENCHMARK.COM SITE/SERVICE BY ANY THIRD PARTY.

IN NO EVENT SHALL FEEDBACKMETRICS AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE WEBENCHMARK.COM WEBSITES/SERVICES, WITH THE DELAY OR INABILITY TO USE THE WEBENCHMARK.COM WEBSITES/SERVICES OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE WEBENCHMARK.COM WEBSITES/SERVICES, OR OTHERWISE ARISING OUT OF THE USE OF THE WEBENCHMARK.COM WEBSITES/SERVICES, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF FEEDBACKMETRICS OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE WEBENCHMARK.COM WEBSITES/SERVICES, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE WEBENCHMARK.COM WEBSITES/SERVICES.

If for any reason a court of competent jurisdiction finds any provision or portion of the Terms of Use to be unenforceable, the remainder of the Terms of Use will continue in full force and effect.

This Agreement shall be construed in accordance with the applicable laws of Norway.  For the resolution of any disputes arising from or related to this Agreement, the parties submit to the exclusive jurisdiction of the courts Oslo, Norway.

These Terms of Use constitute the entire agreement between the parties with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. Any waiver of any provision of the Terms of Use will be effective only if in writing and signed by FeedbackMetrics.