5:51:20 PM EST on Tuesday, April 16, 2024

Automated Survey Creator Client Registration   To obtain an account for imyst's Automated Survey Creator, please send an email to team@imyst.com with the following information: Full Name Company/Organization Mailing Address Telephone Number Email Address Statement that you have accepted the Conditions and Terms of Use of imyst displayed to the right as they are originally shown on this page Once we have received and processed your information, your account will be promptly activated and you may begin creating custom surveys.   Agreement CONDITIONS AND TERMS OF USE OF IMYST This website (hereafter "Site") allows you to perform the functions of creating customized online surveys (hereafter "Survey" or "Surveys") as a client of imyst, Inc. (hereafter "imyst") for the purposes of conducting market or other related research (hereafter "Service" or "Services"). For the use of the services of imyst, the receipt of which is hereby acknowledged, the client of this service (herefater "Client") assents without modification to the terms and conditions of use as presented below. As part of the Services, imyst agrees to collect information on Client's behalf and, except for those rights reserved herein, to provide Client ownership rights of the information that is collected. Any public release or lawful use of the information derived from Surveys or from the Services must identify the source as imyst, Inc. imyst reserves the right not to permit data collection of any Survey at any time if we believe the Survey would be offensive or inappropriate to respondents or potential respondents. 1. ACKNOWLEDGMENT AND ACCEPTANCE BY COMPLETING THE REGISTRATION PROCESS AND CLICKING ON "SUBMIT", CLIENT ACCEPTS AND AGREES TO ALL OF THE TERMS AND CONDITIONS SET FORTH IN THIS AGREEMENT. CLIENT ALSO HEREBY ACKNOWLEDGES THAT CLIENT IS AT LEAST 18 YEARS OF AGE. 2. STORAGE OF SURVEY INFORMATION AND OTHER SURVEY MATERIALS Information and other materials associated with Surveys, including gathered data, statistics, etc., will be retained on imyst's website for a period of six (6) months from the completion date of the Survey, and thereafter, all of Client's materials pertaining to a Survey may be archived unless imyst agrees in writing to retain or maintain such materials on our website or other form of storage medium for a longer time period. 3. PRIVACY imyst, Inc. is committed to its policy of protecting the privacy and confidentialily of information of Client and Surveyors. imyst operates under the following guidlines to ensure the privacy and security of Client: (a) imyst explicitly specifies when information personally identifying Client is asked for (hereafter "Identifiable Information"), and no Identifiable Information will be disclosed by imyst without prior written consent of Client. (b) To ensure that Client's Identifiable Information acquired during registration is correct and current, Client may review and update registration information at any point in time. (c) imyst will not engage in any further contact with individuals who do not choose to use the Services of imyst. imyst will present each individual contacted with an opportunity to choose not to participate and will honor any and all expressions indicating a lack of desire to participate in a Survey. 4. FEES AND PAYMENT Client agrees to pay for all Services conducted using Client's account, including any applicable taxes, and assumes any and all risk associated with Client's account. imyst may change the fees and charges then in effect, or add new fees or charges, by giving Client advance notice. Client must provide imyst with valid credit card information, and must promptly notify imyst of any changes in credit card validity or expiration date. imyst will keep Client’s credit card information confidential, and ensure that credit card processing takes place in a secure environment. 4a. SUBSCRIPTION BASED FEES AND PAYMENT If Services are rendered on a subscription basis, imyst may automatically renew and charge Client’s account for subscription dues to continue Services. Any renewal fees will be equal to original subscription prices, unless imyst notifies Client otherwise in advance. Subscriptions may be canceled by sending an email to customer service requesting cancellation. Upon receipt of such notification, imyst will immediately terminate Client's access to the Services. No refunds of subscription fees will be given. If payment cannot be charged to Client’s credit card, imyst reserves the right to suspend or terminate Client’s account and access to Services. imyst reserves the right to terminate Client's subscription at any time. 5. CLIENT REGISTRATION & PASSWORD. Client is responsible to provide complete, accurate, and current information in the registration section of the Site. Client shall further update and keep such information up to date as needed. Client shall provide a password in order to access the Services and Clients's account. Client is solely responsible for maintaining the confidentiality of Client's password and account information. Client shall immediately notify imyst in the event of any unauthorized account activity, or any unauthorized use of Client's email list(s) or any other breach of security known to Client. 6. PROHIBITED AND UNAUTHORIZED USES Client agrees that neither imyst's website nor any information obtained from using this website will be used for any purpose that is unlawful or prohibited by these conditions and terms of use, or any other provisions in this Agreement. Client agrees that when using Services, Client shall not: (a) Use Services for any unlawful purpose; (b) Defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights (such as rights of privacy and publicity) of others; (c) Include within a survey, publish, post, distribute, or disseminate any obscene, indecent, or unlawful material or information; (d) Use Services to solicit information from children under the age of eighteen (18) without parental consent; (e) Publish, post, distribute, upload or disseminate files that contain software, images, or other material protected by intellectual property laws (or by rights of privacy of publicity) unless Client owns or controls the rights thereto or have received all necessary consents; (f) Knowingly upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's or imyst's computers, software, or property; (g) Delete any author attributions, legal notices, or proprietary designations or labels in any file that is uploaded; (h) Configure a survey in a manner that causes information, programs, content or images to be uploaded that jeopardize the operation or execution of Services or any computer of others; (i) Download any file posted by another user of a Survey that you know, or reasonably should know, cannot be legally distributed in such manner; (j) Use any information or Services provided by imyst to knowingly, intentionally, or unintentionally, publicly or privately, injure, bring to harm, or harm imyst, whether directly or indirectly; 7. RESTRICTIONS ON USE OF MATERIALS The functionality of this website, or any website owned, operated, licensed, or controlled by imyst, may not be duplicated, replicated, or reverse engineered in any form or fashion. All trademarks, service marks, and trade names are proprietary to imyst, Inc. All contents of Services and any website owned, operated, licensed, or controlled by imyst, Inc. are subject to copyright protection. 8. WARRANTIES AND DISCLAIMERS imyst warrants that it has the right to enter into this Contract and perform its obligations hereunder. Information provided by these Services are produced in accordance with commonly accepted market research and information gathering methods and, as such, are subject to the limits of statistical error. CLIENT EXPRESSLY ACKNOWLEDGES AND AGREES THAT USE OF THE SERVICE AND THE SITE IS AT CLIENT'S SOLE RISK. SERVICES AND THIS SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. IMYST DOES NOT PROVIDE ANY WARRANTY REGARDING THE UPTIME AND ACCESS TIME OF THIS SITE. TO THE FULLEST EXTENT ALLOWED BY LAW, IMYST EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. THE CONTENTS OF THE SERVICES OR THE SITE MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. IMYST ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN CONTENT. Although imyst uses reasonable measures to ensure the accuracy of the Services, and imyst will comply with all applicable laws in providing Services, imyst will have no liability for any claims, loss, or damages resulting from your use of the information or Services and Client assumes complete and sole responsibility for the use of any data, information, or written reports provided by imyst, Inc. imyst will take reasonable effor to ensure the confidentiality of surveys, in part or entirety, or any information that it collects or maintains on your behalf as part of Services. However, imyst does not guarantee absolute security of Surveys, in part or entirety, or information. EXCEPT AS EXPRESSLY STATED HEREIN, THE SERVICE, INFORMATION AND MATERIALS IN THIS SITE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, IMYST AND/OR ITS RESPECTIVE PARTNERS HEREBY DISCLAIM ALL WARRANTIES AND LIABILITY FOR ERRORS, OMISSIONS, INADEQUACIES, MISUSE, OR INTERPRETATIONS OF ANY DATA, INFORMATION, OR WRITTEN REPORTS PROVIDED BY IMYST, SOFTWARE, PRODUCTS, AND SERVICES, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT. THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES PUBLISHED ON THIS WEBSITE MAY INCLUDE INACCURACIES OR ERRORS. IMYST AND/OR ITS RESPECTIVE PARTNERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES CONTAINED ON THIS WEBSITE FOR ANY PURPOSE NOR DOES IMYST AND/OR ITS RESPECTIVE PARTNERS WARRANT THAT THE FUNCTIONS PERFORMED BY THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. IMYST DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS WITHIN THIS WEBSITE IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. IMYST DOES NOT GUARANTEE OR ASSUME RESPONSIBILITY FOR MEETING THE NUMBER OF DESIRED RESPONDENTS OR AS TO THE SPECIFIC QUALITY OF THE RESPONDENTS THAT RESPOND TO SURVEYS. IMYST RESERVES THE RIGHT AT ANY TIME TO UPDATE, CHANGE, MODIFY, OR IMPROVE THE FUNCTIONS AND/OR INFORMATION THAT IS PROVIDED BY THIS WEBSITE. Applicable law may not allow the exclusion of implied warranties, so the above exclusion may not apply to Client. 9. LIMITATION OF LIABILITY IN NO EVENT SHALL IMYST AND/OR ITS AFFILIATES', OFFICERS', EMPLOYEES', OR PARTNERS' TOTAL LIABILITY TO CLIENT FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE) EXCEED THE AMOUNT PAID BY CLIENT, IF ANY, FOR ACCESSING THIS WEBSITE. IN NO EVENT SHALL IMYST AND/OR ITS AFFILIATES, OFFICERS, EMPLOYEES, OR PARTNERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS WEBSITE OR WITH THE DELAY OR INABILITY TO USE THIS WEBSITE, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES OBTAINED THROUGH THIS WEBSITE, OR OTHERWISE ARISING OUT OF THE USE OF THIS WEBSITE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF IMYST OR ANY OF ITS PARTNERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to Client. 10. PROPRIETARY RIGHTS AND INTELLECTUAL PROPERTY. imyst owns the content, graphics, software, survey templates, surveys, related survey data (exlucding survey results and information gathered on the Client's behalf), processes, procedures, and other material contained within Services and within this Site, unless otherwise noted, which is all protected by either copyright, trademarks, or other proprietary rights and laws. Owned materials may not be copied, reproduced, distributed in any way, decompiled, reverse engineered, or disassembled. Client is permitted the limited license to use the content of Services and this Site to create surveys, view results, and view survey responses for Client's personal or business use as an end product only, and Client must at all times maintain imyst's copyright symbol on any product in any form or medium. Modification or use of the content in any other way is a violation of copyright and/or other proprietary laws. 11. JURISDICTION AND EXPORT This site is controlled and operated by imyst from its offices within the United States of America. imyst makes no representation that materials within the site are appropriate or available for use in other locations. Those who choose to access this site from other locations are responsible for compliance with local laws, if and to the extent local laws are applicable. Software from this site is subject to United States export laws and regulations and shall not be downloaded by anyone located in, under the control of, or a national or resident of to whom export or re-export is prohibited under United States laws or regulations. 12. INDEMNIFICATION. Client agrees to defend, indemnify and hold harmless imyst, Inc., its affiliates, officers, employees, and/or partners for any and all claims and demands, including attorney's fees, due to or arising from Clients's use of Services, surveys, survey responses, survey results, or other related survey information, and any other conduct related in any way to Services or this Site, including but not limited to breaching any provision contained in this Agreement. 13. ADDITIONAL AGREEMENTS WHEN IMYST PROVIDES RESPONDENTS As partial consideration for using Services, Client agrees to grant a license to imyst to use information that is obtained or derived through the use of Services provided that such use does not reveal Client's identity, product/service, or specific Survey results. The data Client derives from Surveys is intended for the proprietary use of Client and Client's agents only. Such data may not be resold or syndicated without the express written permission of imyst. The information derived from Services is not intended for use in litigation, and use for litigation purposes is prohibited except with approval in writing by imyst, Inc. prior to using Services. Client also agrees that Client will neither use this website nor the information obtained from using this website for any purpose that is unlawful or prohibited by these terms, conditions, and notices. By way of example, and not as a limitation, Client agrees that when using Services, Client shall not: (a) Include within Surveys, any questions that solicit information regarding the consumption or use of, alcohol, tobacco or any unlawful or controlled substance or act; (b) Collect the names, physical addresses, telephone numbers, fax numbers, or e-mail addresses of individuals who complete Surveys consent isprovided by individual respondents; (c) Advertise or offer to sell any goods or services or conduct contests or chain letters or use Services for the purposes of direct mail/targeting, advertising, etc.; 14. ADDITIONAL AGREEMENTS IF CLIENT USES AN E-MAIL LIST(S) When Client uses imyst with an e-mail list, Client assents without modification to the following terms and conditions: (a) Use of Surveys or Services with Emails. As a condition of using Services, Client agrees to abide by all applicable local, state, national and international laws and regulations regarding the transmission of electronic data. Client further acknowledges that imyst's services may not be used to create Surveys that are sent to prospective participants by unsolicited electronic mail or "spam." Accordingly, Client agrees that if Client will send or cause to send any email that includes (i) an invitation to participate in an imyst survey or (ii) a directly imbedded imyst Survey only to such individuals who have expressly previously agreed to receive emails from Client, for example, by express selection of an online menu option or button, self-originated email message, or other affirmative manifestation of intent (that is, respondents who have consented to have email sent to them). Client also agrees not to create a false identity for the purpose of misleading others as to the identity of the sender or origin of a message that is in any way associated with imyst services. (b) Indemnification Obligation. Client acknowledges that transmission of unsolicited email or "spam" is unlawful in several states. Client agrees to indemnify, defend and hold harmless imyst, Inc., and its management, officers and employees, and any subsidiary, parent or holding company of imyst, Inc., against any third party action, suit, claim, damages, losses, or harm, including reasonable attorneys' fees, incurred by or brought against imyst, Inc. and arising from any email that is sent or caused to be sent by the Client, including, but not limited to, any civil lawsuit, criminal prosecution, third party allegation of "spamming" that arises in response to the Client sending or causing to send any email that includes an invitation to participate in an imyst Survey. (c) Nonexclusivity. The indemnification or advancement or reimbursement of expenses granted pursuant to or provided by the provisions of this Agreement shall be in addition to, and shall not be exclusive of, any other rights to indemnification and advancement or reimbursement of expenses to which imyst may otherwise be entitled by law, Certificate of Incorporation, By-Law (or other constitutional documents of any entity), insurance policy, contract or otherwise, provided that the Corporation shall not be required to indemnify an Indemnitee more than once for the same loss. Client agrees to pay any and all direct, indirect and consequential damages, including but not limited to lost profits, business interruption costs, network fees and any other actual damages that can be reasonably calculated, including reasonable attorneys’ fees, that are incurred by imyst, Inc. and arising from any email that is sent or caused to be sent by the Customer. In addition, because damages are often difficult to quantify, if actual damages cannot be reasonably calculated then Client agrees to pay imyst, Inc. liquidated damages of $8 for each piece of spam or unsolicited bulk email transmitted from or otherwise connected with Client's account. (d) Email Spamming. Client acknowledges and agrees that imyst is serving as "survey host" and is not the sender or originator of any survey. From time to time, imyst may solicit feedback on services provided by the site. Client further agrees that Client's use of this Site and/or Services will not violate any spamming, junk mail, or other related laws or regulations prohibiting or discouraging unsolicited mail. (e) Termination. imyst may immediately suspend or terminate all Services to any and all Client accounts which it believes, in its sole discretion, is sending, causing to send, or is otherwise connected with any "spam" or other unsolicited bulk email. Upon suspension or termination of service, Client's right to use imyst Services immediately ceases and imyst, Inc. shall have no obligation to maintain any content associated with Client's accounts or to forward any information or data to the Client or any third party. 15. TERMINATION These terms are effective until terminated by either party. Client may terminate these terms at any time by discontinuing use of Services and deleting or destroying all information and materials obtained from any and all imyst site(s) whether obtained under the terms of these terms or otherwise. These terms will terminate immediately without notice from imyst if in imyst's sole discretion Client fails to comply with any condition, term, or provision of these terms and conditions of use. Upon termination, Client will delete or destroy any and all information and materials obtained using Services or from this website and all copies thereof, whether made under the terms of these terms or otherwise. 16. AMENDMENT OF TERMS AND CONDITIONS imyst expressly reserves the right to change the terms, conditions, and notices under which this website is offered at any time. 17. OTHER AND GENERAL PROVISIONS Any rights not expressly granted herein are reserved to imyst, Inc. The terms and conditions herein shall be governed by and construed in accordance with the laws of the State of Michigan, without giving effect to any principles of conflicts of law. Client agrees that any action at law or in equity arising out of or relating to these terms shall be filed only in the state or federal courts located in Oakland County, Michigan and Client hereby consents and submits to the personal jurisdiction and venue of such courts for the purposes of any such action. Use of this website is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. If any provision of these terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. imyst's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of its right to comply with law enforcement requests or requirements relating to Client's use of this website or information provided to or gathered by imyst with respect to such use. Client agrees that no joint venture, partnership, employment, or agency relationship exists between Client and imyst as a result of this agreement or use of this website. This agreement constitutes the entire agreement between Client and imyst, Inc. with respect to Services and this website and supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between Client and imyst with respect to this website. 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. Check here to accept the conditions and terms of use as originally shown above by imyst, Inc.