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Terms and Conditions

If you are entering into an order for services on-line, the following applies: BEFORE YOU CLICK ON THE "ACCEPT" BUTTON AT THE END OF THIS DOCUMENT, PLEASE READ THE TERMS AND CONDITIONS OF THIS AGREEMENT CAREFULLY. BY CLICKING ON THE "ACCEPT" BUTTON, YOU ARE AGREEING TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE, CLICK THE "DO NOT ACCEPT" BUTTON.

1. These terms describe how we will provide the Service to you. These Service Terms and Conditions describe the business and legal terms under which Get Satisfaction, Inc., located at 164 South Park, San Francisco, CA 94107 (“Get Satisfaction”) will provide its web-based customer care and networking service (“Service”) to your company (“Client,” as identified by you, by filling in the appropriate information on the Get Satisfaction web site when placing your order (“Order Form”)).

2. These terms also include our privacy policy and community standards. In addition to the terms and conditions below, the Service will be provided according to the information you provide and options you select in your Order Form. Additional terms may apply to particular Services or Service options, as described in the Order Form. The Service will be provided according to Get Satisfaction’s then-current privacy policy (“Privacy Policy”). You can find the privacy policy on Get Satisfaction’s Web site. Current terms are located at http://GetSatisfaction.com/privacy_policy. Get Satisfaction’s obligation to provide the Service will be subject to the Get Satisfaction community guidelines located at http://www.GetSatisfaction.com/community_guidelines (the “Community Guidelines”). These Terms and Conditions, the Community Guidelines, Privacy Policy, and Order Form (including any service descriptions referenced in the Order Form) are referred to, together, as this “Agreement.”

3. Get Satisfaction may make changes to these terms. Get Satisfaction may, from time to time, update the terms and conditions of this Agreement by providing you with notice. Your continued use of the Service indicates your acceptance of any such updated Agreement terms. You may be asked to click to accept updated terms, and if so, then your failure or refusal to do so will allow Get Satisfaction to terminate this Agreement and stop providing the Service to you. If you wish to cancel any prepaid Service due to a material change in the Agreement, you may do so by notifying Get Satisfaction no later than 10 business days after notice of the change, and such notice must identify the change and the reason for your termination.

4. Term and termination of this Agreement. The term of this Agreement will be as described in the Order Form. If the Order Form indicates an initial term, but not a specified renewal term, and you continue to use the Service after the initial term, this Agreement will automatically extend month to month, unless and until either you or Get Satisfaction gives notice no less than one month prior to termination. Either you or Get Satisfaction may terminate this Agreement if a material breach by the other party occurs and remains uncured 30 days after notice of that breach. Get Satisfaction, in its sole discretion, may terminate your access to and use of the Service immediately if you violate the Community Guidelines, or otherwise take actions or fail to act, in a way that Get Satisfaction reasonably believes may cause it liability.

5. There are fees for the Service. The fees for the Service will be as described in the Order Form. Those fees do not include sales or other taxes. If any taxes are due, you will be responsible to pay them, and Get Satisfaction will itemize them for you upon request. You must provide a valid credit card number to pay your fees. If the term of this Agreement renews, as described in the Order form or in this Agreement, Get Satisfaction may automatically charge your credit card for fees for the renewal period. If your credit card expires or is declined, Get Satisfaction may stop providing the Service to you until you provide a valid credit card number, and may charge you any fees or costs that arise. If Get Satisfaction instead chooses to continue providing the Service to you, you will be responsible for paying any fees due for that period. All fees are non-refundable. Fees are not based on usage, so if users do not use Service for your Client Application, fees will not be refundable on that basis.

6. You develop your Client Application, using the API, and register it with Get Satisfaction. Get Satisfaction will provide you with its current application program interface (“API”) to assist you in developing your web based application (“Client Application”) for use with the Service. Your web service must only access the Service using the API. Get Satisfaction may provide updates to the API from time to time. If Get Satisfaction provides an update, you may continue to use a version of the API previously provided to you, but the Service may not support versions other than the current and prior release. It is your responsibility to create, support, update and operate your application. Get Satisfaction hereby grants you a non-exclusive, non-transferable, royalty free license to use, reproduce and make available the of the API, only for the purpose of developing and supporting Client Applications and accessing the Service. Your Client Application must display the words “powered by Get Satisfaction” with a hyperlink back to the Get Satisfaction home page located at http://www.Get Satisfaction.com, in a manner that is prominent and visible to users, “above the fold” on a standard web browser. You must provide an “Application ID” to Get Satisfaction, which is a unique identifier incorporated in your Client Application as described in the documentation for the API, when you register your Client Application. All support requests made by you to Get Satisfaction must include this Application ID. Your Client Application must not include spyware, adware, other malicious programs or code, infringe the rights of others, or place undue burdens on the operation of the Service. Get Satisfaction reserves all intellectual property rights not granted expressly in this paragraph. You must not reverse engineer the API, or use the API for any purpose other than those expressly allowed in this paragraph. You must not provide the API to any other party.

7. Your data and trademarks belong to you. Any data that you provide to Get Satisfaction may be used by Get Satisfaction to provide the Service, subject to the Privacy Policy. Get Satisfaction may also display your trademarks or logos (in the form provided by you) on a customer reference page or otherwise to provide the Service. This Agreement does not assign or transfer any intellectual property right to or from you or Get Satisfaction. If this Agreement expires or is terminated, Get Satisfaction will have no obligation to maintain or forward to you any of your data. You are responsible to use the functionality of the Service to make your own data backups.

8. Your accounts are your responsibility. The Service allows you to set up accounts for use by your company, directly or through your representatives or contractors. You are responsible for all activity occurring via these accounts. You should ensure that all passwords for your accounts are kept confidential, because you will be responsible for any unauthorized use. You must also ensure that your accounts are not used in any way contrary to the Community Guidelines or in any way that is contrary to law.

9. Get Satisfaction is not responsible for user activity. The Service allows you to communicate with your customers or other users of the Client Application or the Service. You acknowledge that Get Satisfaction and its licensors will have no liability, obligation or responsibility for any such communication and interaction. You acknowledge that Get Satisfaction has the right to exclude certain users from use of the Service, based on the Community Guidelines or any other reasonable determination that such user’s use of the Service in inappropriate or likely to cause liability to Get Satisfaction. However, Get Satisfaction is not responsible for users’ behavior, whether or not it exercises that right.

10. How to provide notices. Any notices that Get Satisfaction is required to provide under these Terms and Conditions may be provided via email or posted to your e-mail address or physical address on record in your Service account information. Notices will be deemed given 48 hours after sending. If you elect to terminate the Service, or to change your account or billing information, you may provide notice via the account management dashboard of the Service. You may give any other notice to Get Satisfaction by posting to the address for Get Satisfaction in the preamble of these Terms and Conditions.

11. We make no representations or warranties. You should be sure to carefully assess whether the Service will be right for you and your business. Get Satisfaction may provide you with a test account or demonstration of the Service, and assist you in doing so. However, you use the Service entirely at your own risk. GET SATISFACTION AND ITS LICENSORS HEREBY DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, INCLUDING WITHOUT LIMITATION ANY IMPLIED OR STATUTORY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, AND TITLE. GET SATISFACTION AND ITS LICENSORS DO NOT REPRESENT OR WARRANT THAT THE USE OF THE SERVICE WILL UNINTERRUPTED OR ERROR-FREE.

12. Our liability is limited so we can provide you with attractive prices. GET SATISFACTION'S AGGREGATE LIABILITY UNDER THIS AGREEMENT WILL NOT EXCEED THE AMOUNTS ACTUALLY PAID BY BY YOU IN THE 12 MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM. GET SATISFACTION AND ITS LICENSORS OR SUPPLIERS WILL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING LOST PROFITS) RELATED TO THE SERVICE, EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU ACKNOWLEDGE THAT THE PRICE OF THE GET SATISFACTION SERVICE IS BASED ON THIS LIMITATION.

13. You are responsible for certain actions. You will indemnify and hold Get Satisfaction, its licensors and their parent organizations, subsidiaries, affiliates, officers, directors, employees, attorneys and agents harmless from and against any and all claims, costs, damages, losses, liabilities and expenses (including attorneys' fees and costs) arising out of or in connection with any allegations that, if true, would constitute a violation by you of the Community Guidelines or Privacy Policy, or a violation of Sections 6 or 8 of this Agreement.

14. General Terms and Conditions.This Agreement will be interpreted according to the laws of the state of California, without regard to its conflicts of laws provisions. Any disputes, actions, claims or causes of action arising out of or in connection with this Agreement or the Service will be subject to the exclusuive jurisdiction of the state and federal courts located in San Francisco, California. The failure of Get Satisfaction to enforce any right or provision in this Agreement will not constitute a waiver of such right or provision. If any provision of this Agreement is held to be invalid or unenforceable, the other provisions of this Agreement will remain enforceable and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law. Any delay in the performance of any duties or obligations of either party (except the payment of money owned) will not be considered a breach of this Agreement if such delay is caused by a labor dispute, shortage of materials, fire, earthquake, flood, war, terrorism, or any other event beyond the control of such party. Your relationship to Get Satisfaction is that of an independent contractor, and neither party is an agent or partner of the other.