Terms of Agreement

ECHO, a project of the Center for History and New Media at George Mason University ("ECHO"), provides and maintains an Internet Web site (the "Site") with related tools and processes to assist other historians, scholars, and non-profit researchers (the "Services") for use by you ("User" or “you”). The Services and use of the Site are provided to you under the terms and conditions set forth in the Terms of Agreement and any rules or policies otherwise set forth on this site or published from time to time by ECHO. The Terms of Agreement set forth below and any rules or policies otherwise set forth on this Site comprise the entire agreement between User and ECHO and supersedes any and all prior agreements or understandings between the parties.
1. ACKNOWLEDGMENT AND ACCEPTANCE.
PLEASE READ THE FOLLOWING TERMS OF AGREEMENT CAREFULLY. BY COMPLETING THE REGISTRATION PROCESS AND CLICKING ON "SUBMIT", YOU ACCEPT AND AGREE TO ALL OF THE TERMS AND CONDITIONS SET FORTH IN THE TERMS OF AGREEMENT, INCLUDING ALL WARRANTIES AND PROMISES BY USER. USER HEREBY ACKNOWLEDGES AND WARRANTS THAT USER IS 18 YEARS OF AGE OR OLDER.
2. SERVICE PROVIDED.
ECHO is providing the basic Services through the Site without charge for User's use. Said Services include User's right, after registration and in full compliance with the Terms of Agreement, to use or create surveys using the Survey Builder provided by ECHO. In exchange for use of the Services and the Site, User acknowledges User's obligations as set forth in the Terms of Agreement and agrees to use the Services and the Site in compliance with the Terms of Agreement.
3. MODIFICATION TO SERVICES PROVIDED; TERMS OF AGREEMENT.
User acknowledges and agrees that ECHO may, with or without notice, modify, delete, or amend the Services and/or Site provided hereunder. Further, User acknowledges and agrees that ECHO may further modify, delete or amend the Terms of Agreement from time to time. In either event, ECHO will notify User of any modification by email. If User does not accept the modification, deletion or amendment, User must terminate User's account at that time. Any and all use of the Site or the Services by User after the notice is posted shall be deemed to be acceptance of the modification, deletion or amendment (as well as all other terms and conditions) to the Services, Site or Terms of Agreement.
4. REGISTRATION & PASSWORD.
User shall provide current, complete, accurate information in the registration section of the Site. User shall further update and keep such information current as needed. User shall provide a password in order to access the Services and User's account. User is solely responsible for maintaining the confidentiality of User's password and account information. User shall immediately notify ECHO of any unauthorized account activity, or any unauthorized use of User's account or any other breach of security known to User.
5. LIABILITY.
ECHO is not responsible for the response rate to any survey or number of respondents. ECHO is not responsible for any information transmitted by any survey respondent or for the conduct of any survey respondent.
6. PRIVACY.
ECHO is committed to its policy of protecting the privacy and confidential information of the Users and survey respondents. Users agree not to publish or reproduce in any way submissions, in whole or part, from any survey respondent who has opted to have his or her survey response remain private.
7. DISCLAIMER OF WARRANTIES.
USER EXPRESSLY ACKNOWLEDGES AND AGREES THAT USE OF THE SERVICE AND THE SITE IS AT USER'S SOLE RISK. THE SERVICE AND THE SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS.
TO THE FULLEST EXTENT ALLOWED BY LAW, ECHO EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE WARRANTIES FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. THE CONTENTS OF THE SERVICES OR THE SITE MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. ECHO ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN CONTENT.
ECHO IS NOT RESPONSIBLE FOR THE CONTENTS OF ANY SURVEY OR INVITATIONS TO TAKE SURVEYS OR INVITATIONS TO VIEW SURVEY RESULTS CREATED ON OR THROUGH THE SERVICE OR IS IT RESPONSIBLE FOR THE RESPONSES SUBMITTED TO ANY SURVEY REQUESTS OR FOR THE RESULTS GENERATED BY SURVEY RESPONSES. ECHO DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE RELIABILITY OR ACCURACY OF THE REGISTRATION INFORMATION SUPPLIED TO ECHO NOR THE RESPONSES OR INFORMATION SUPPLIED BY SURVEY RESPONDENTS TO USERS IN RESPONSE TO SURVEYS. ECHO DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE CONSEQUENCES OF THE USE OF ANY SURVEY, SURVEY RESPONSES OR SURVEY RESULTS NOR DOES ECHO WARRANT THE CORRECTNESS, USEFULNESS, RELIABILITY, ACCURACY OR OTHERWISE OF ANY SURVEY, SURVEY RESPONSES OR SURVEY RESULTS. ECHO IS NOT RESPONSIBLE FOR ANY DAMAGES OR OTHER LOSS RESULTING FROM USE OF OR RELIANCE IN ANY WAY ON ANY SURVEY, SURVEY RESPONSES OR SURVEY RESULTS CREATED ON OR THROUGH THE SERVICE OR THE SITE. IT IS SOLELY USER'S RESPONSIBILITY TO EVALUATE THE ACCURACY, RELIABILITY, COMPLETENESS AND USEFULNESS OF ANY SURVEYS, SURVEY RESPONSES, SURVEY RESULTS OR OTHER INFORMATION RECEIVED WHILE USING THE SERVICE OR SITE.
ECHO MAKES NO WARRANTY THAT THE SERVICE OR SITE WILL MEET USER'S REQUIREMENTS OR THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, VIRUS-FREE, ERROR-FREE, ACCURATE OR RELIABLE; NOR DOES ECHO MAKE ANY WARRANTY AS TO ANY INFORMATION THAT MAY BE OBTAINED THROUGH THE SERVICE OR SITE OR THAT DEFECTS IN THE SOFTWARE FOR THE SERVICE WILL BE CORRECTED OR THAT THE SITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
USER UNDERSTANDS AND AGREES THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH USE OF THE SERVICE OR SITE IS DONE AT USER'S OWN DISCRETION AND RISK AND THAT USER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO USER'S COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL OR DATA.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY USER FROM THE SERVICE OR SITE OR THROUGH THE SERVICE OR SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
8. LIMITATION OF LIABILITY.
TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, NEITHER ECHO NOR ANY PARENT ENTITIES, AFFILIATES, OFFICERS OR EMPLOYEES SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF USER'S ACCESS TO, USE OF, INABILITY TO USE, OR RELIANCE ON THE SERVICE OR ANY SURVEYS, SURVEY RESPONSES OR SURVEY RESULTS, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF USER IS DISSATISFIED WITH THE SERVICE, THE MATERIALS AVAILABLE ON OR THROUGH THE SERVICE OR THE SITE, OR WITH ANY OF THE TERMS OF AGREEMENT, USER'S SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICE AND LEAVE THE SITE IMMEDIATELY.
9. NATURE OF SERVICE.
User acknowledges and agrees that ECHO is serving as "survey host" and is not the sender or originator of any survey.
10. OTHER PROHIBITED USES.
User agrees not to transmit through the Service or the Site any pornographic, obscene, offensive, threatening, harassing, libelous, hate-oriented, harmful, defamatory, racist, illegal or otherwise objectionable material or content. User shall not send any transmission that attempts to hide User's identity or represents User as someone else. Any attempt by User to transmit, publish or distribute material or content that promotes, provides or relates to instructional information about illegal activities or promotes physical harm or injury against any individual or group is strictly forbidden. User specifically agrees not to use the Service or the Site to send any materials, including surveys and requests to take surveys, to any persons under 18 years of age unless and until the User has taken and follows all necessary action and compliance pursuant to state and federal laws. User agrees not to upload or distribute in any way any files that contain viruses, corrupted files or any similar software or programs that may damage the operation of anyone else's computer, the Service or the Site. User agrees not to interfere or disrupt networks connected to the Service and the Site. Any attempt by User to gain unauthorized access to any computer system, including accounts or databases maintained by and for ECHO, is strictly forbidden. User agrees to comply with all applicable laws relating to such conduct. User agrees to comply with all laws, rules and regulations regarding transmission of technical data exported from the United States. If User engages in any activity set forth in this paragraph or violates any terms or conditions of the Terms of Agreement, User's account will be terminated and use of the Service and Site prohibited. ECHO will report such conduct to the appropriate authorities and turn over any and all information, regarding such activity to appropriate persons or entities.
11. DATABASE AND STORAGE OF SURVEYS, RESPONSES AND RELATED SURVEY DATA.
Survey results will be maintained for an unspecified period by ECHO. The User is strongly encouraged to make their own periodic backup of survey results by saving the results page in their browser. We cannot guarantee the persistence of survey data. ECHO may from time to time publish notices regarding the maximum allowable number of surveys, number of survey respondents, number of surveys or number of survey questions that may be created, saved, or used through the Site.
12. TERMINATION.
These terms of Agreement may be terminated by either party hereto at any time. ECHO shall not be liable to User or any third party in any manner for termination of the Service. In the event User should become dissatisfied with the Terms of Agreement or any modifications thereof, or with the Service or the Site, User's only recourse is to discontinue use of the Service, terminate the account and give notice of these actions. Upon termination, User's right to use the Service and the Site cease immediately and ECHO shall have no obligation whatsoever to forward any surveys, survey responses or survey results to User.
13. INDEMNIFICATION.
User agrees to defend, indemnify and hold harmless ECHO, its parent entities, affiliates, officers, and employees, for any and all claims and demands, including attorney's fees, due to or arising from User's use of the Service, surveys, survey responses, survey results and any other conduct related in any way to the Service or the Site, including but not limited to breaching any warranty or provision contained in these Terms of Agreement.
14. NATURE OF AGREEMENT.
User agrees that the registration procedure, account set-up and subsequent activation of the "Submit" button constitute agreement to the Terms of Agreement. Further, the Terms of Agreement is the entire and only agreement between the parties and supersedes any prior or other understandings, representations or warranties. User agrees that each use of the Services and the Site reaffirms User's acknowledgment and agreement to the Terms of Agreement.