It is important that both CommentCards.com and our customers "Customer" know their responsibilities and be legally protected. Therefore, the following agreement has been designed.

Becoming a CommentCards.com Customer implies you agree to the following terms.

1. The Service: Via the Internet and through use of CommentCards.com's proprietary systems, CommentCards.com is providing the Customer with the ability to: develop and build comment cards; publish, administer, and manage said questionnaires; gain and view reports on, responses to, and results of said questionnaires; export responses to, and results of said questionnaires; and be sent messages concerning the status of said questionnaires.
2. Availability of Service: Occasionally, due to circumstances beyond the control of CommentCards.com and caused by no fault of CommentCards.com, services may be unavailable without warning.
3. Accessing the Service: The Customer is responsible for any tools, including hardware, software, or Internet Service, required to access CommentCards.com's services.
4. Publicizing: The Customer is solely responsible for publicizing their comment card and soliciting respondents, and agrees to indemnify and hold CommentCards.com harmless from any and all claims and liabilities associated with said publicizing and soliciting, including but not limited to claims involving copyright infringement, obscenity, false advertising, fraud, privacy issues, libel or defamation, and unsolicited e-mail or spam.
5. Content: The Customer guarantees that comment card content shall not contain any illegal or unlawful substance. Customer is solely responsible for said comment card content and shall indemnify and hold CommentCards.com harmless from any and all claims and liabilities associated with said content, including but not limited to claims involving copyright infringement, obscenity, false advertising, fraud, privacy issues, libel or defamation, and unsolicited e-mail or spam.
6. THE SERVICE AND CONTENT PRODUCED BY THE SERVICE ARE PROVIDED "AS-IS," AND "AS AVAILABLE." COMMENTCARDS.COM EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. USE OF COMMENTCARDS.COM'S SERVICES SHALL BE ON AN "AT YOUR OWN RISK" BASIS FOR THE CUSTOMER. COMMENTCARDS.COM AND ITS AFFILIATES, LICENSORS, THIRD PARTY CONTENT OR SERVICE PROVIDERS, OR DEALERS ARE NOT LIABLE FOR ANY LOSS OR DAMAGES WEATHER SAID DAMAGES BE INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR OTHERWISE, INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, OR LITIGATION, WHETHER ARISING FROM BREACH OF CONTRACT, BREACH OF WARRANTY, TORT, PRODUCT LIABILITY, NEGLIGENCE, OR OTHERWISE, EVEN IF COMMENTCARDS.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
7. COMMENTCARDS.COM DISCLAIMS ALL RESPONSIBILITY OR LIABILITY FOR ANY DAMAGES CAUSED BY VIRUSES CONTAINED WITHIN ELECTRONIC FILES RECEIVED FROM OR THROUGH THE SERVICE.
8. Passwords: The Customer agrees to keep their password confidential and must notify CommentCards.com of any unauthorized use of said password. CommentCards.com does not offer protection from unauthorized password use.
9. Comment Card Content: Excluding any CommentCards.com logos, trademarks, and template, tutorial, or sample questions and comment cards, all property rights to the content of a comment card belong to the Customer.
10. Responses: All responses and results are the property of the Customer, and as such CommentCards.com will not share any of said responses and results with any entity other than the Customer unless specifically allowed by written agreement.
11. Licensing: The Customer agrees to and hereby does grant CommentCards.com limited, nonexclusive right and license to reproduce and use any comment card and results in order to complete services for the Customer.
12. Templates Tutorials and Samples: Template, tutorial, and sample questions and comment cards (hereinafter TEMPLATES) are the sole property of CommentCards.com or the sole property of a third party which has given CommentCards.com the explicit right to offer the TEMPLATES. The Customer agrees to not use the TEMPLATES in any way other than with CommentCards.com's services. Furthermore, the Customer agrees to always include any and all copyright and property notices attached to TEMPLATES.
13. Illegal Use: The Customer agrees to not use CommentCards.com's services in connection with any fraudulent or illegal activity. Furthermore, the Customer agrees to never use any responses or results in a fraudulent or illegal manner.
14. Reverse Engineering: Reverse engineering, de-compilation, and disassembly are strictly prohibited, and the Customer hereby agrees to not reverse engineer, de-compile, or disassemble any of CommentCards.com's controls or software, except where such actions are expressly permitted by applicable law.
15. Termination: CommentCards.com reserves the right to terminate any Customer's use of CommentCards.com's services.
16. Severability: If any provision of the present Agreement is found invalid or unenforceable, such invalidity shall not affect the validity of any other provision, and such invalid provision shall be deemed to be severed from the Agreement.
17. Locality of Law: This Agreement shall be governed by and interpreted under and according to the laws of the State of New Jersey. All disputes arising from this Agreement or from services provided by CommentCards.com shall be settled in the courts of Morris County, New Jersey.
18. Subject to Change: This Agreement is subject to change upon reasonable notice of Customer.
19. Written Contract: Upon the request of CommentCards.com, the Customer agrees to execute a written version of this Agreement.