SKUUBER.COM WEB SITE AND PRODUCTS
REFUND & EXCHANGE POLICY
No Refunds. Product has been designed for Your self-administration and control with respect to the provision of item-specific input data. You alone are responsible for the quality and accuracy of Your input. Every reasonable effort has been made within the Product website to provide explanation of processes and deliverables and samples of deliverable outputs are provided. You have unlimited opportunities to see, edit and verify your works-in-progress up until such time as you field the item for research ("Field this Sku"). Your intent to field your item for Skuuber testing will be verified by You prior to billing as will Your acceptance of these Terms and Conditions. Once You have agreed to both conditions and provided accepted means of payments your order will be processed and no online edits or changes are possible thereafter. Amounts paid for the Product are not refundable, but may be used as full credit for future use of Product but only in the event that any individual instance of Product Use fails to perform within specification due to technical difficulties, under-sampling or other processing problems beyond Your control. No credits are available for Your errors in providing incorrect or inaccurate inputs. See Section 3 below.
TERMS AND CONDITIONS OF USE
BY USING THIS WEB SITE OR THE PRODUCTS, YOU INDICATE YOUR ACCEPTANCE OF THESE TERMS AND CONDITIONS OF USE. IF YOU DO NOT ACCEPT THESE TERMS AND CONDITIONS OF USE, THEN DO NOT USE THIS WEB SITE OR THE PRODUCTS.
Skuuber, LLC ("Skuuber") provides its clients (“You” or “Clients”) with automated, online consumer research tools to enable Clients to measure consumer demand (purchase intent) for a variety of consumer goods and services. Clients will input, and are responsible for the accuracy of, specific and required product/service specifications and details. These inputs are formatted by the web site software into a standardized testing template. These completed templates are submitted electronically for evaluation by online consumer panels. Results are compiled, analyzed by proprietary algorithms and models and a confidential report of results and projections issued to the client in the client’s secure account space in the web site. Individual elements of and the entirety of this process are referred to in these Terms and Conditions of Use as the "Product".
1. Intellectual Property License
1.1 This web site, the information which it contains, and images and logos are the property of Skuuber, LLC, and are protected from unauthorized copying and dissemination by United States copyright law, trademark law, international conventions and other intellectual property laws. The name “Skuuber” and other Product names or logos appearing in this Site are either trademarks or registered trademarks of Skuuber, LLC. Your use is only with permission and / or under license granted in this Agreement.
1.2 Skuuber hereby grants You a limited, non-exclusive license to Skuuber’s intellectual property solely as required to use the Product under the terms of this Agreement. This license gives you permission to log onto Your account and use the software solely for submission to Skuuber. The license does not include any use of any Skuuber trademark, or to copy or use any information from this web site for any purpose other than use of Products under this Agreement. The Product shall be used for your internal business only.
1.3 You will not, directly or indirectly, reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code, object code, or underlying structure, ideas, or algorithms of, or found at or through the Product or any software, documentation, or data related to the Products ("Software"); remove any proprietary notices or labels from the Product or any Software, modify, translate, or create derivative works based on the Products or any Software; or copy, distribute, pledge, assign, or otherwise transfer or encumber rights to the Product or any Software.
1.4 By submitting ideas, concepts, inventions, or content to this web site or using them in connection with the Product, You agree that such submission is non-confidential for all purposes, since it must and will be shared with consumer research panel respondents. If You make any submission to this web site or if You submit any business information, idea, concept or invention to Skuuber by email, You automatically grant—or warrant that the owner of such content or intellectual property has expressly granted--- Skuuber a non-exclusive, royalty-free, perpetual, irrevocable, worldwide license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform, and display such content in any manner. Any business information, images, ideas, concepts, inventions and product descriptions that You submit shall remain Your property.
Subject in each case to the terms listed in the remainder of this Agreement, you hereby represent, acknowledge and agree that:
· The Product may only be used for lawful purposes.
· If you are accessing or using the Products through a third party service or web site ("Third Party Service"), you will abide by these Terms and Conditions of Use regardless of anything to the contrary in your agreement with such third party. You shall not use such Third Party Service to avoid the restrictions set forth in these Terms and Conditions of Use.
· You can form a legally binding contract under applicable law.
- Without limiting the foregoing, the Product is not available to individuals under the age of 18. If You do not qualify, You are not permitted to use the Product.
· If You are using the Product in Your capacity as an employee, You have the ability to bind Your employer by Your use of the Product.
· You must create an account on the skuuber.com web site in order to use the Product. You shall provide true, accurate, current, and complete information about yourself as requested in the account creation form.
· If You are accessing or using the Products through a Third Party Service, You agree and acknowledge that Skuuber is not responsible or liable for any actions of such third party or for any aspect or result of such Third Party Service. You use such Third Party Service at Your own risk. You further agree and acknowledge that Skuuber may terminate such Third Party Service’s ability to interact with the Product at any time, with or without notice, and in Skuuber’s sole discretion, with no liability to You or the third party.
· Skuuber reserves the right to refuse, at Skuuber’s sole discretion, to provide Products to any person or business.
· You hereby warrant that you do not provide, sell or offer to sell any of the following products or content or services related to: pornography or escort services; pyramid schemes or multi-level channel and/or network marketing businesses.
3. Fees and Payments .
3.1 Fees for Product. For each use of the Product, defined as a single item studied one time, you will be subject to fees in accordance with the Fee Schedule (the "Fee Schedule"). You will be required to submit payment in advance or as otherwise agreed by acceptance of a written proposal for the Product. Ability to field or launch the Product will be disabled unless satisfactory payment terms are accepted by Skuuber.
3.2 Fee Schedule; Discounts. You are responsible for reviewing the standard Skuuber Fee Schedule, unless superceded by separate written and accepted proposals, from time to time and remaining aware of the fees charged by Skuuber. The Fee Schedule is subject to change at any time in Skuuber’s sole discretion. If you receive special discounts through a marketing partner, those discounts may not be available if you cease to continue to be a customer of the marketing partner. Skuuber may rely on information provided by the applicable marketing partner, if any, with respect to the status of your account.
3.3 Payment. Payment for Product will be made by a valid credit card or other payment methods accepted by Skuuber. Fees are payable in U.S. dollars. You hereby authorize Skuuber to charge your credit card, automated payment method or by invoice for Product Fees. If Skuuber is for any reason unable to effect payment via your credit card or other automated payment method, Skuuber will immediately notify you on the website.
3.4 No Refunds. Product has been designed for Your self-administration and control with respect to the provision of item-specific input data. You alone are responsible for the quality and accuracy of Your input. Every reasonable effort has been made within the Product website to provide explanation of processes and deliverables and samples of deliverable outputs are provided. You have unlimited opportunities to see, edit and verify your works-in-progress up until such time as you field the item for research ("Field this Sku"). Your intent to field your item for Skuuber testing will be verified by You prior to billing as will Your acceptance of these Terms and Conditions. Once You have agreed to both conditions and provided accepted means of payments your order will be processed and no edits or changes are possible thereafter. Amounts paid for the Product are not refundable, but may be used as full credit for future use of Product but only in the event that any individual instance of Product Use fails to perform within specification due to technical difficulties, under-sampling or other processing problems beyond Your control. No credits are available for Your errors in providing incorrect or inaccurate inputs
4. Indemnification and Restrictions
4.1 Indemnification. You hereby agree to defend, indemnify and hold harmless Skuuber and its business partners, third-party suppliers and providers, licensors, officers, directors, employees, distributors and agents against any damages, losses, liabilities, settlements, and expenses (including without limitation costs and reasonable attorneys' fees) in connection with any claim or action that (i) arises from any alleged breach of this Agreement, (ii) arises from the content or effects of any content you distribute using the Product or (iii)otherwise arises from or relates to your use of the Product. In addition, you acknowledge and agree that Skuuber has the right to seek damages when you use the Products for unlawful purposes, in an unlawful manner, and/or in a manner inconsistent with the terms of this Agreement, and that such damages may include, without limitation, direct, indirect, special, incidental, cover, reliance and/or consequential damages.
4.2 Noninfringement. You agree that You will not upload or transmit content of any type to this web site or in connection with the Product that infringe, misappropriate or violate any rights of any party.
5.1 You may terminate this Agreement at any time by written confirmation of termination to Skuuber Customer Support. There are no refunds for any fees paid. YOU ARE RESPONSIBLE FOR TERMINATING YOUR ACCOUNT AND THIS AGREEMENT AND SKUUBER IS NOT RESPONSIBLE FOR YOUR FAILURE TO PROPERLY TERMINATE YOUR ACCOUNT AND THIS AGREEMENT AND ANY CREDIT CARD CHARGES AND FEES YOU INCUR AS A RESULT OF YOUR FAILURE TO PROPERLY TERMINATE YOUR ACCOUNT AND THIS AGREEMENT.
5.2 Skuuber may terminate this Agreement or the Product, disable your account or put your account on inactive status, in each case at any time with or without cause, and with or without notice. Skuuber shall have no liability to you or any third party because of such termination or action.
5.3 Skuuber may delete any of your archived data within 30 days after the date of termination following termination of your account and this Agreement. All sections of this Agreement that by their nature should survive termination will survive termination, including, without limitation, ownership, warranty disclaimers and limitations of liability. If your account is classified (at Skuuber’s sole discretion) as inactive for over 365 days, Skuuber has the right to permanently delete your subscriber data. Skuuber will use good faith efforts to contact you via email prior to taking any permanent removal actions.
5.4 Skuuber may immediately disable your access to the Product without refund if Skuuber believes in its sole discretion that you have violated this Agreement.
6. Warranty Disclaimer; Remedies
USE OF THE PRODUCT AND ANY RELIANCE BY YOU UPON THE PRODUCT, INCLUDING ANY ACTION TAKEN BY YOU BECAUSE OF SUCH USE OR RELIANCE, IS AT YOUR SOLE RISK. SKUUBER DOES NOT WARRANT THAT THE PRODUCT WILL BE UNINTERRUPTED OR ERROR FREE; NOR DOES IT MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE PRODUCT. THE PRODUCTS ARE PROVIDED "AS IS" AND SKUUBER DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT.
7. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, TORT, CONTRACT, OR OTHERWISE, SHALL SKUUBER OR ANY OF ITS UNDERLYING SERVICE PROVIDERS, BUSINESS PARTNERS, INFORMATION PROVIDERS, ACCOUNT PROVIDERS, LICENSORS, OFFICERS, DIRECTORS, EMPLOYEES, DISTRIBUTORS OR AGENTS BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY MONEY DAMAGES, WHETHER DIRECT, INDIRECT, SPECIAL, INCIDENTAL, COVER, RELIANCE OR CONSEQUENTIAL DAMAGES, EVEN IF SKUUBER SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY OTHER PARTY. IN THE EVENT THAT, NOTWITHSTANDING THE FOREGOING, IF SKUUBER IS FOUND LIABLE TO YOU FOR DAMAGES FROM ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE), THE MAXIMUM AGGREGATE LIABILITY OF SKUUBER TO YOU ARISING IN CONNECTION WITH THIS AGREEMENT SHALL BE LIMITED TO THE AMOUNT YOU PAID FOR THE PRODUCTS IN THE TWELVE (12) MONTHS PRIOR TO THE ACCRUAL OF THE APPLICABLE CLAIM, LESS ANY DAMAGES PREVIOUSLY PAID BY SKUUBER TO YOU IN THAT TWELVE (12) MONTH PERIOD. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION AND EXCLUSION MAY NOT APPLY TO YOU.
8. Links to Third-Party Web Sites
8.1 This web site may contain links to non-Skuuber web sites. These links are provided to you as a convenience, and Skuuber is not responsible for the content of any linked web site. Any non-Skuuber web site accessed from this web site is independent from Skuuber, and Skuuber has no control over the content of that web site.
8.2 No Implied Endorsements. In no event shall any reference to any third party or third party product or service be construed as an approval or endorsement by Skuuber of that third party or of any product or service provided by a third party.
9. Username and Password
You are responsible for maintaining the security of your account, passwords, and files. Skuuber will accept the instructions of any individual who claims to be authorized to direct changes to your account so long as such person presents your username and password on-line, by email or by phone, or through a Third Party Service, if any, through which you access the Product. Skuuber has no knowledge of your organizational structure, if you are registering for the Product as an entity, or your personal relationships, if you are a person. Skuuber shall not be responsible for the actions of any individuals who misuse or misappropriate your account or other assets using your username and password.
10.1 If any provision of the Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable.
10.2 Skuuber and you agree that this Agreement is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications, and other understandings relating to the subject matter of this Agreement. All waivers and modifications must be in a writing signed by both parties, except as otherwise provided herein. No delay or omission by either party in exercising any right or remedy under this Agreement or existing at law or equity shall be considered a waiver of such right or remedy.
10.3 No agency, partnership, joint venture, or employment is created as a result of the Agreement, and you do not have any authority of any kind to bind Skuuber in any respect whatsoever.
10.4 In any action or proceeding to enforce rights under the Agreement, the prevailing party will be entitled to recover its costs and attorneys' fees.
10.5 The Agreement shall be governed by the laws of the State of California, USA without regard to its choice or law or conflict of laws provisions. All legal actions in connection with the Agreement shall be brought in the state or federal courts located in San Diego, California.
If you have any questions about the rights and restrictions above, please contact Skuuber using the information below:
2563 Summit Drive
Escondido , CA 92025
Copyright ©2011, Skuuber, LLC. All Rights Reserved.