Terms of Service
By accessing this website (app.pairlab.io) or otherwise interacting with our servers (the Service), you (LICENSEE) are agreeing to be bound by these terms of service. If you do not agree with any of these terms, you are prohibited from using or accessing this site.
You agree and acknowledge that Knoebel Digital LLC (LICENSOR) is the sole owner of all right, title and interest in and to the Service.
2. Use License
LICENSOR hereby grants, under the terms and conditions of this Agreement, a non-exclusive, non-transferable License to use the Service solely as described herein and for no other purpose or use. It is a material term of this Agreement that the rights granted herein are non-exclusive to you, and that LICENSEE shall not transfer or sell any such rights.
3. Description of Services
The services provided by LICENSOR hereunder are as follows:
(A) allow registered end-users to create surveys, publish surveys, embed surveys in their website, create and curate survey ideas, have alerts related to their surveys emailed to them, view results for their surveys, and modify their account information; and
(B) allow site managers to register end-users individually and manage all end-users' account details
4. Limitations of Licensee’s Use
It is a material term of this Agreement that LICENSEE shall not copy, sell, reverse engineer, or transfer the source code for any reason.
The following additional limitations on LICENSEE’s use of the Service are listed herein below:
LICENSEE SHALL NOT:
(A) host a copy of the software; or
(B) modify any markings or any notice, except for what is permitted on a settings page available to LICENSEE’s administrators; or
(C) use technology, such as, by way of example, a Web crawler, to browse, download, index, or make the data available outside of the Service; or
(D) share or use their account with more than one end-user;
(E) create an account to share or use with more than one end-user; or
(F) use the Service to generate unsolicited bulk email; or
(G) use the Service in any way that disrupts or may disrupt other customers from using the Service; or
(H) interfere with the integrity or performance of the Service; or
(I) attempt to gain unauthorized access to the Service; or
(J) generally, LICENSEE shall not use the Service in any unlawful or illegal way, or in a way that could have a negative impact upon or harm the reputation of LICENSOR, or as deemed by LICENSOR, in its sole discretion, as being harmful or potentially harmful in any way to LICENSOR.
A violation by LICENSEE of any Limitation of Use shall be sufficient cause for LICENSOR to terminate this License Agreement immediately and without notice to LICENSEE.
LICENSOR shall have no responsibility or obligation for any of the following:
(A) any acts or performance of third party software, hardware, or networks which may prevent publishing or delivery of results; and
(B) any relationships with third parties; and
(C) down time or unavilability.
6. Intellectual Property
(A) This Agreement does not convey any ownership rights, claims, or interest in or to LICENSOR’s trade names, trademarks, copyrights, patents, or other intellectual property, whether registered or not.
(B) Both parties desire to safeguard, provide and maintain the reputation for quality now enjoyed by LICENSOR, and LICENSEE shall take all steps reasonable and/or necessary to effectuate the intention of this Article 5.
7. No Other Relationship Formed
It is specifically acknowledged and understood that this Agreement does not establish any partnership, joint venture, or co-ownership relationship of any kind between the parties.
LICENSOR provides no warranties or guarantees as to the function or use of the Service, whether express, implied, or statutory, including, without limitation, any implied warranties of merchantability or fitness for a particular purpose. Without limiting the foregoing, LICENSOR does not warrant that the functions contained in the Service will meet LICENSEE’s requirements or that the operation of the Service will be uninterrupted or error-free. LICENSEE shall accept the Service "as is." The entire risk as to the quality and performance of the Service is with LICENSEE and LICENSOR shall have no responsibility therefor except as may be specifically set forth in the Terms and Conditions of Use herein.
9. Limitations of Liability
LICENSEE acknowledges that LICENSOR's liability under this Agreement shall be limited solely to the total amount of the payments made to LICENSOR for services during the period in which such damages occurred, and under no circumstances shall LICENSEE have any claim against Christian Knoebel individually or personally or against any assets of Christian Knoebel, or Knoebel Digital LLC, or any other person or entity other than as specifically set forth hereinabove. In no event shall LICENSOR be liable for indirect, incidental, special, or consequential damages, including, without limitation, loss of use, loss of data, loss of profits, interruption of business, or legal fees, court costs, and the like. LICENSEE specifically acknowledges that no claim for intermediate or equitable relief shall be brought against LICENSOR for any reason. In the event of a breach of this Article 8, LICENSOR shall have the right to move to dismiss any such claim and LICENSEE shall be responsible to pay all of LICENSOR’s costs and expenses, including, without limitation, attorney’s fees.
(A) LICENSEE shall indemnify, defend and hold harmless LICENSOR and its officers, members, Principals, agents, and employees whether in their individual or corporate capacity, or in any other capacity from and against any and all losses, liabilities, damages, and penalties, and all related costs and expenses (including, without limitation, reasonable attorneys' fees), based upon the negligence or willful misconduct of LICENSEE, or any End-users, or any of LICENSEE’s agents or employees, or any breach of this Agreement, or any damage to LICENSOR or to LICENSOR’s Service, or for any other reason.
(B) LICENSOR shall give LICENSEE prompt written notice of any claim or other matter as to which it believes this indemnification provision applies.
12. Governing Law and Forum
The laws of the State of New Jersey shall govern this Agreement; and all rights and obligations of the parties hereunder shall be construed according to New Jersey law; and Courts in Ocean County shall have exclusive jurisdiction to resolve any disputes that may arise hereunder.
Date: July 20, 2019