Agreement
These Terms of Use (the "Agreement") constitute a legally binding agreement by and between Feedback Guru and you or your company (in either case, "You" or "Your") concerning Your use of Feedback Guru's website, platform and mobile application (collectively the "Website") and the services available through the Website (the "Services"). By using the Website and Services, You represent and warrant that You have read and understood, and agree to be bound by, the Agreement and Feedback Guru's Privacy Policy (the "Privacy Policy"). IF YOU DO NOT UNDERSTAND THIS AGREEMENT, OR DO NOT AGREE TO BE BOUND BY THIS AGREEMENT, INCLUDING THE BINDING ARBITRATION CLAUSE AND CLASS ACTION WAIVER, OR THE PRIVACY POLICY, YOU MUST IMMEDIATELY LEAVE THE WEBSITE AND CEASE USING THE SERVICES.
Privacy Policy
By using the Website, You consent to the collection and use of certain information about You, as specified in the Privacy Policy. Feedback Guru encourages users of the Website to frequently check Feedback Guru's Privacy Policy for any changes.
Changes to Agreement & Privacy Policy
FEEDBACK GURU RESERVES THE RIGHT TO CHANGE THIS AGREEMENT AND ITS PRIVACY POLICY AT ANY TIME UPON NOTICE TO YOU, TO BE GIVEN BY THE POSTING OF A NEW VERSION OR A CHANGE NOTICE ON THE WEBSITE. IT IS YOUR RESPONSIBILITY TO REVIEW THIS AGREEMENT AND THE PRIVACY POLICY PERIODICALLY. IF AT ANY TIME YOU FIND EITHER UNACCEPTABLE, YOU MUST IMMEDIATELY LEAVE THE WEBSITE AND CEASE USING THE SERVICES. Unless Feedback Guru obtains Your express consent, any revised Privacy Policy will apply only to information collected by Feedback Guru after such time as the revised Privacy Policy takes effect, and not to information collected under any earlier Privacy Policies.
Eligibility
BY USING THE WEBSITE OR SERVICES, YOU REPRESENT AND WARRANT THAT YOU ARE AT LEAST 18 YEARS OLD, ARE A RESIDENT OF THE UNITED STATES OR A BUSINESS ENTITY ORGANIZED UNDER UNITED STATES FEDERAL OR STATE STATUTE, AND ARE OTHERWISE LEGALLY QUALIFIED TO ENTER INTO AND FORM CONTRACTS UNDER APPLICABLE LAW. Any individual using the Website or Services on behalf of a company further represents and warrants that they are authorized to act and enter into contracts on behalf of that company. This Agreement is void where prohibited.
License
Subject to Your compliance with the terms and conditions of this Agreement, Feedback Guru grants You a non-exclusive, non-sublicensable, revocable, non-transferable, and limited license to access and use the Website and Services. The Website, or any portion of the Website, may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without the express written consent of Feedback Guru. All rights not expressly granted hereunder are reserved by Feedback Guru. This Agreement grants You no rights in or to the intellectual property of Feedback Guru or any other party. Feedback Guru retains ownership of the Website and Services and all right, title, and interest therein, including without limitation all intellectual property rights therein, and You acknowledge and agree that You are acquiring only a limited right to use the Website and Services as licensed hereunder. The license granted in this section is conditioned on Your compliance with the terms and conditions of this Agreement. In the event that You breach any provision of this Agreement, Your rights under this section will immediately terminate.
User Information / Password Protection
In connection with Your use of the Services, You may be required to complete a registration form. You represent and warrant that all information You provide on any registration form or otherwise in connection with Your use of the Website and Services will be complete and accurate, and that You will update that information as necessary to maintain its completeness and accuracy by visiting Your account profile on the Website.
You may also be asked to provide, or may be given, a user name and password in connection with certain of the Services. You are entirely responsible for maintaining the confidentiality of Your password. You may not use the account, user name, or password of someone else at any time. You agree to notify Feedback Guru immediately of any unauthorized use of Your account, user name, or password. Feedback Guru shall not be liable for any loss that You incur as a result of someone else using Your password, either with or without Your knowledge. You may be held liable for any losses incurred by Feedback Guru, its affiliates, officers, directors, employees, consultants, agents, and representatives due to someone else's use of Your account or password.
Third-Party Websites
The Website is linked with the websites, platforms and services of a number of third parties ("Third-Party Websites"), some of whom have established relationships with Feedback Guru and some of whom do not. Feedback Guru does not have control over the content and performance of Third-Party Websites. FEEDBACK GURU HAS NOT REVIEWED, AND CANNOT REVIEW OR CONTROL, ALL OF THE MATERIAL, INCLUDING COMPUTER SOFTWARE OR OTHER GOODS OR SERVICES, MADE AVAILABLE ON OR THROUGH THIRD-PARTY WEBSITES. ACCORDINGLY, FEEDBACK GURU DOES NOT REPRESENT, WARRANT OR ENDORSE ANY THIRD-PARTY WEBSITE, OR THE ACCURACY, CURRENCY, CONTENT, FITNESS, LAWFULNESS OR QUALITY OF THE INFORMATION, MATERIAL, GOODS OR SERVICES AVAILABLE THROUGH THIRD-PARTY WEBSITES. FEEDBACK GURU DISCLAIMS, AND YOU AGREE TO ASSUME, ALL RESPONSIBILITY AND LIABILITY FOR ANY DAMAGES OR OTHER HARM, WHETHER TO YOU OR TO THIRD PARTIES, RESULTING FROM YOUR USE OF THIRD-PARTY WEBSITES.
Service and Pricing Descriptions
Feedback Guru attempts to be as accurate as possible in its product and service descriptions and pricing information; however, Feedback Guru cannot guarantee that product and service descriptions and/or specifications, pricing or any other content on the Website are accurate, complete, reliable, current or error-free. In the event that information is incorrect due to typographical, informational, technical or other errors, Feedback Guru will not be liable for any loss or discrepancy with accurate data. Without prior notice, Feedback Guru may revoke your registration, suspend your ability to use certain parts of the Website or Services, and/or terminate your access to the Website or Services at any time in our discretion. Feedback Guru may also modify, suspend, or discontinue the Services.
Consent to Receive Email
By registering for an account, or subscribing to receive promotional communications, you consent to receive periodic email and electronic communications from Feedback Guru and our affiliated brands products and services.
Prohibited Uses
Feedback Guru imposes certain restrictions on Your use of the Website and the Services. You represent and warrant that You will not, without limitation:
- violate or attempt to violate any security features of the Website or Services;
- copy or otherwise duplicate, directly or indirectly, any portion of the Website, including without limitation, all product listings, prices or service descriptions, designs, information, photographs, images, drawings, videos, music, text, typefaces, graphics, code, and other files, and the selection, arrangement and organization thereof (collectively, "Feedback Guru Content");
- use any software that enables copying or duplication of the Feedback Guru Content for later off-line viewing;
- distribute, display, modify, transmit, resell, reuse, or repost the Feedback Guru Content in any electronic form;
- provide false, misleading or inaccurate information to Feedback Guru;
- impersonate, or otherwise misrepresent affiliation, connection or association with, any person or entity;
- harvest or otherwise collect information about Feedback Guru users, including email addresses and phone numbers;
- use or attempt to use any engine, software, tool, agent, or other device or mechanism to harvest or otherwise collect information from the Website;
- access content or data not intended for You, or log onto a server or account that You are not authorized to access;
- attempt to probe, scan, or test the vulnerability of the Services, the Website, or any associated system or network;
- interfere or attempt to interfere with the use of the Website or Services by any other user, host or network;
- use the Website or Services to send unsolicited e-mail, including without limitation, email promotions or advertisements;
- forge any TCP/IP packet header or any part of the header information in any e-mail;
- attempt to modify, reverse-engineer, decompile, disassemble or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used in providing the Website or Services.
Any violation of this section may subject You to civil and/or criminal liability.
Intellectual Property
Feedback Guru and the Feedback Guru logo (the "Feedback Guru Marks") are trademarks or service marks of Feedback Guru. Other trademarks, service marks, graphics, logos and domain names appearing on the Website may be the trademarks of third parties. Neither Your use of the Website and Services nor this Agreement grant You any right, title or interest in or to, or any license to reproduce or otherwise use, the Feedback Guru Marks or any third-party trademarks, service marks, graphics, logos or domain names.
All content and other materials available through the Website and Services are either owned by Feedback Guru or are the property of Feedback Guru's licensors and suppliers. Except as explicitly provided, neither Your use of the Website and Services nor this Agreement grant You any right, title or interest in or to any such materials.
Disclaimers; Limitation of Liability
THE WEBSITE AND SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE," AND "WITH ALL FAULTS". TO THE MAXIMUM EXTENT PERMITTED BY LAW, FEEDBACK GURU, ON BEHALF OF ITSELF AND LICENSORS AND SUPPLIERS, EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE WEBSITE, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
YOU AGREE THAT YOUR USE OF THE WEBSITE AND SERVICES IS AT YOUR SOLE RISK. YOU WILL NOT HOLD FEEDBACK GURU OR ITS LICENSORS AND SUPPLIERS RESPONSIBLE FOR ANY DAMAGE THAT RESULTS FROM YOUR ACCESS TO OR USE OF THE WEBSITE.
THE MAXIMUM LIABILITY OF FEEDBACK GURU AND LICENSORS AND SUPPLIERS TO YOU UNDER ALL CIRCUMSTANCES WILL BE EQUAL TO THE AGGREGATE PRICE YOU PAID TO FEEDBACK GURU DURING THE SIX-MONTH PERIOD PRECEDING THE INCIDENT OR INCIDENTS GIVING RISE TO SUCH LIABILITY.
SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OF CERTAIN IMPLIED WARRANTIES OR THE LIMITATION OF CERTAIN DAMAGES, SO SOME OF THE ABOVE DISCLAIMERS, WAIVERS AND LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU.
General Representations & Warranty
You represent and warrant that Your use of the Website and Services will be in accordance with this Agreement and any other Feedback Guru policies, and with any applicable laws or regulations.
Indemnity by You
You agree to defend, indemnify and hold Feedback Guru harmless, and each of its owners, officers, directors, employees, agents, affiliates, representatives, sublicensees, successors, assigns, and contractors from and against any and all claims, actions, demands, causes of action and other proceedings, including but not limited to legal costs and fees, arising out of or relating to: (i) Your breach of this Agreement; (ii) Your access to or use of the Website or Services; or (iii) Your provision to Feedback Guru of information or other data.
Governing Law, Jurisdiction and Venue
This Agreement shall be treated as though it were executed and performed in Orange County, California and shall be governed by and construed in accordance with the laws of the State of California without regard to its conflict of law principles. ANY CAUSE OF ACTION BY YOU ARISING OUT OF OR RELATING TO THE WEBSITE, SERVICES, OR THIS AGREEMENT MUST BE INSTITUTED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION AROSE OR BE FOREVER WAIVED AND BARRED.
BY USING THE WEBSITE OR SERVICES, YOU AGREE THAT YOU AND FEEDBACK GURU WILL RESOLVE ANY ARBITRAL CLAIM BY BINDING ARBITRATION BY THE JUDICIAL ARBITRATION AND MEDIATION SERVICE ("JAMS"). YOU AND FEEDBACK GURU HEREBY WAIVE THE RIGHT TO A JURY TRIAL. YOU FURTHER AGREE THAT NEITHER YOU NOR FEEDBACK GURU WILL JOIN ANY ARBITRAL CLAIM WITH THE CLAIM OF ANY OTHER PERSON OR ENTITY; THAT NO ARBITRAL CLAIM WILL BE RESOLVED ON A CLASS-WIDE BASIS.
Notices
All notices required or permitted to be given under this Agreement must be in writing. Feedback Guru shall give any notice by email sent to the most recent email address provided by the intended recipient. You shall give any notice to Feedback Guru by means of: (1) Email at [email protected]; or (2) U.S. mail, postage prepaid, to 8663 Northstar Dr., Riverside, CA 92508.
General
This Agreement constitutes the entire agreement between Feedback Guru and You concerning Your use of the Website. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties' original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof.
These terms may be periodically updated and subject to change.
Last Updated: August 22, 2024