Site Survey Basic Terms and Conditions 
rev. 09-09-02
Alertus, Inc. (Alertus) is pleased to provide Alertus' Site Survey Gold and Platinum services to the client (Client) subject to these terms and conditions. Alertus provides its website services to you, subject to the following Terms and Conditions ("Terms and Conditions"), which may be updated by us from time to time without notice to you.  In addition, when using particular Alertus services, you and Alertus will be subject to any posted guidelines or rules applicable to such services which may be posted from time to time. All such guidelines or rules are hereby incorporated by reference into the Terms and Conditions. You are responsible for regularly reviewing these terms and conditions.

1. Service. Alertus will provide Clients with access to website feedback surveys and real-time reporting through its web properties, up to a maximum of 10,000 survey responses per month, per account and all such other information that Alertus makes available to other Clients of the service (the Service) and in accordance with the specifications set forth in any applicable help files or documentation. Client agrees that Alertus shall not be liable to Client for any actions Alertus takes to ameliorate excessive use by any Client. You understand and agree that the Service is provided "AS-IS" and that Alertus assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any Client communications or personalization settings. 
In order to use the Service, 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.

2. Your Registration Obligations. In consideration of your use of the Service, if you submit registration information to us you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Service's registration form (such information being the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or Alertus has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Alertus 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).

3. Code. Promptly after a subscription for the site is received by Alertus, for each Site Survey service account to which Client subscribes, Alertus will deliver and license to Client for the term of this Agreement a unique account number and a copy of Site Survey customer-side, HTML code (the HTML Code). For the term of this Agreement, Alertus grants Client a limited right to copy HTML Code for insertion in Client's Pages. Alertus is not granting any other rights to the Code. Alertus retains ownership and all rights to the HTML Code, Alertus and Site Survey logos, trademark, software, and trade secrets. 

4. Data and Statistics. Alertus will process and provide real-time reporting of web site statistics to Client as part of the Service. Client will own the statistics for its web site(s) and can copy, archive, backup, publish, distribute and use the statistics for any legal purposes. Alertus will keep Client's statistics confidential. Notwithstanding the foregoing, Alertus has the right to publish statistics based upon raw data aggregated from several or all of its clients' accounts, including Client's, but Alertus does not have any right to publish Client's statistics separately or any other specific information about Client's audience or Pages, or to publish any Internet-wide statistics that would in any manner identify Client, Client's web site(s) or Client's products or services. 

5. Confidentiality. "Confidential Information" includes Client's statistics and any other information disclosed by one party to the other in writing and marked "confidential" or disclosed orally and, within five business days, reduced to writing and marked "confidential". Notwithstanding the foregoing, Confidential Information will not include any information that is or becomes known to the general public, which is already in the receiving party's possession prior to disclosure by a party or which is independently developed by the receiving party without the use of Confidential Information. Neither party will use or disclose the other party's Confidential Information except for the purpose of performing its obligations under this Agreement or if required by law, regulation or court order. In which case, the party being compelled to disclose Confidential Information will give the other party as much notice as is reasonably practicable prior to disclosing such information. Upon termination of this Agreement, the parties will promptly either return or destroy all Confidential Information and, upon request, provide written certification of such. Client is responsible for safeguarding the confidentiality of Client's password(s) and Client name(s) issued to Client by Alertus, and for any use or misuse of Client's account resulting from any third party using a password or Client name issued to Client. Client agrees to immediately notify Alertus of any unauthorized use of Client's account or any other breach of security known to Client. 

6. Privacy Alertus will not gather, request, record, require, or collect any Internet Clients' personally identifying information from Client or from its Pages. Client agrees that it will not use the Service to track or collect personally identifiable information of Internet Clients. Alertus may use cookies and other anonymous identifiers and may create anonymous profiles associated with cookies or other anonymous identifiers, but Alertus will not associate any data gathered from Client's site with any personally identifying information from any source. Alertus will comply with all applicable privacy laws and Alertus's privacy policies stated at www.Alertus.com/privacy.php related to its collection of data from Client's site. Client understands that Alertus's privacy center enables individual Internet Clients to "opt out" of receiving Alertus cookies. Client will have and abide by an appropriate privacy policy and will comply with all applicable laws relating to the collection of information from visitors to Client's websites. Client may notify visitors to its web sites that it is using Alertus's Site Survey service. Client may, if it chooses, include a link to Alertus's privacy policy within Client's own privacy policy. 

7. Fees. Site Survey basic is currently free. 

8. Term. The initial term of this Agreement for any account(s) commences on the date of the applicable Subscription Order and continues on a month-to-month basis thereafter.

9. Termination.  Either party may terminate this Agreement upon 30 days advance notice for any material breach of this Agreement not related to payment. Any error in the Service that is statistically insignificant, of short-term duration or capable of being subsequently corrected will not be considered a material breach. Upon termination or expiration of this Agreement, Customer will delete all copies of ALERTUS' Site Survey HTML Code from all Pages. 

10. Disclaimers And Limitation Of Liability And Damages.  ALERTUS'S LIABILITY FOR ALL CLAIMS OR INDEMNITIES ARISING OUT OF THESE TERMS & CONDITIONS, WHETHER IN CONTRACT, TORT, WARRANTY OR OTHERWISE, WILL NOT EXCEED THE AMOUNT OF FEES PAID BY CUSTOMER TO ALERTUS UNDER THIS AGREEMENT DURING THE SIX MONTHS PRECEDING THE CLAIM. CUSTOMER USES ALERTUS'S SERVICES AND HTML CODE AT ITS OWN RISK. ALERTUS'S SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. ALERTUS DISCLAIMS ANY IMPLIED WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE OR THAT THE SERVICE OR THE CUSTOMERS' STATISTICS WILL BE UNINTERRUPTED OR ERROR FREE. IN NO EVENT WILL EITHER PARTY BE LIABLE FOR ANY LOSS OF DATA, LOSS OF BUSINESS PROFITS, DEPRECIATION OF STOCK PRICE, BUSINESS INTERRUPTION, OR OTHER SPECIAL, PUNITIVE, INCIDENTAL, CONSEQUENTIAL OR INDIRECT DAMAGES ARISING FROM OR IN RELATION TO THESE TERMS & CONDITIONS OR THE USE, SUSPENSION, INTERRUPTION OR TERMINATION OF THE SERVICES, HOWEVER CAUSED AND REGARDLESS OF THEORY OF LIABILITY. THIS LIMITATION WILL APPLY EVEN IF SUCH PARTY HAS BEEN ADVISED OR IS AWARE OF THE POSSIBILITY OF SUCH DAMAGES. ANY ALERTUS SERVICE OBLIGATIONS, WARRANTIES OR SERVICE LEVEL GUARANTIES INCLUDED IN THIS AGREEMENT ARE MADE TO CUSTOMER ONLY, AND NOT TO ANY CUSTOMER OF CUSTOMER'S AND ARE CONDITIONED UPON CUSTOMER'S USE OF THE MOST RECENT HTML CODE AND HITBOX SERVICE VERSION OFFERED BY ALERTUS TO CUSTOMER FOR CUSTOMER'S USE. 

11. Posted Material. Client represents and warrants that Client has ownership or other authority to post any sound, image, text, or other material it posts on Alertus's website. Any sound, images, text, or other materials
provided by a Client and hosted on Alertus's web site remain the property of the owner of such materials. Such materials are "posted" if they are incorporated as part of a survey hosted by Alertus on behalf of its customers or responses to such surveys. Client agrees that Alertus is not responsible for any material posted on its website by Client and that Alertus assumes no liability for Client's posted materials. Client agrees to defend, indemnify, and hold harmless Alertus from any liability related to material Client posts on Alertus's website. 

12. Linked Sites. Alertus makes no representations about any Web Site not under Alertus's control that a Client may access from Alertus's web site-- by link, frame, or any other means ("Linked Site"). Any link, frame, or any other means to access any Linked Site provided by Alertus or otherwise on Alertus's web site does not constitute Alertus's endorsement, recommendation, or acceptance of any responsibility for the content of that Linked Site or the operators of that Linked Site.

13. Publicity. Alertus and Client each may refer generally to the existence of this Agreement and use the other's name in press releases, on web sites and other promotional material, but will not reveal financial arrangements or other proprietary information contained in this Agreement. 

14. Notices. All notices required under this Agreement from one party to the other must be in writing, by email and to the email addresses set forth on the applicable Subscription Order or to such other address as a party designates in writing. Notice will be deemed given (i) immediately if by email, (ii) one day after mailing if by nationally known courier service or three days if mailing by well recognized international courier service, (iii) upon confirmation of successful facsimile transmission or (iv) upon verification of receipt if by first class certified or registered mail, return receipt requested.

15. Trademark Infringement.  Alertus, Site Survey, and other Alertus logos and product and service names are trademarks of Alertus, Inc. (the “Alertus Marks”). Without Alertus's prior permission, you agree not to display or use in any manner, the Alertus Marks.

16. General Information. Unless otherwise specified in these Terms and Conditions, this agreement constitutes the entire agreement between the Client and Alertus with respect to use of the Alertus services and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the Client and Alertus with respect to use of the Alertus service. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. 

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.

Alertus, Inc. resides exclusively in Seattle, WA, U.S.A. Accordingly, the Terms and Conditions and the relationship between you and Alertus will be governed by the laws of the State of Washington without regard to its conflict of law provisions. If you are a resident of the United States of America, you hereby consent to the exclusive jurisdiction and venue of courts in King County, Washington, U.S.A. in all disputes arising out of or relating to the use of the Alertus service. If you are not a resident of the United States of America, you hereby consent to binding and mandatory arbitration in King County, Washington, U.S.A. in all disputes arising out of or relating to the use of the Alertus service. Use of the Alertus service is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. 

The failure of Alertus to exercise or enforce any right or provision of the Terms and Conditions will not constitute a waiver of such right or provision. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Alertus as a result of this agreement or use of the Alertus service. 

If any provision of the Terms and Conditions is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms of Service remain in full force and effect. 

Alertus's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Alertus's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Alertus service or information provided to or gathered by Alertus with respect to such use.

You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the Terms and Conditions must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in the Terms and Conditions are for convenience only and have no legal or contractual effect.

For technical support, please contact us at support@Alertus.com