Terms and Conditions

  
1. Subscription Payment

1.1 Subscriptions. Our Service is billed on a subscription basis (“subscriptions”), meaning billed in advance of your subscription. If you use a credit card to purchase a subscription, you will receive a "welcome" e-mail to enter a password to start using the system and will be billed on a recurring, annual basis. If you purchase a subscription by check, when we receive your check, you will receive a “welcome” e-mail to enter a password to start using the system, and you will receive “reminder renewal” e-mails as your renewal date approaches. If the renewal date passes without us receiving payment, your subscription will be cancelled.

1.2 Taxes. You are responsible for any taxes

1.3 Price Changes. We have the option to change the subscription price at any time however, the change will only become effective at the beginning of the next annual billing cycle (year) of your subscription. We will provide reasonable advance notice. 

2. Privacy

2.1 Confidentiality. In the course of using OpinionTrac, you will create survey or ballot questions and will receive survey or ballot results (“information”). We treat all your information as confidential and will NOT disclose to anyone for any reason…period. In fact, even we don’t see this information.

2.2 Security. OpinionTrac will store and process your information in a manner consistent with industry security standards. OpinionTrac has implemented appropriate technical, organizational and administrative systems, policies, and procedures designed to help ensure the security, integrity, and confidentiality of your information.

2.3 Account Inactivity. OpinionTrac may terminate your account and delete any information contained therein if there is no account payment for over 12 months. However, we will attempt to notify you by email before terminating your account to provide you with an opportunity to make payment and renew your subscription.

3. Customer Name

3.1 We may use your organization's name and logo on its website and on other promotional materials.

4. Cancel Subscription

4.1 By You. You may cancell your subscription at any time by clicking the "Cancel Account" link in the upper right corner of your Manager Page or contacting us by e-mail and requesting  cancellation.  

4.2 Trial Period. You have unlimited use of the system for 30 days without charge. If you cancel within 30 days, you will not be charged. If you paid by check, we will return your check or issue you a refund check.     

4.3. By OpinionTrac. We may cancel your subscription if we deem you are using the system in an illegal, dangerous, abusive, offensive manner, or inconsistent with normal business practices, with at least 30 days advance written notice to you and you will receive a credit or refund for the unused full months remaining on your subscription.  OpinionTrac may terminate your subscription for any reason by providing at least 60 days advance written notice to you and will provide a credit or refund for the unused full months remaining on your subscription. Reasons OpinionTrac may suspend or terminate your subscription may include: (a) you have materially breached these Terms and failed to cure that breach within 30 days after being notified; b) you cease your business operations or become subject to insolvency proceedings; or (c) you fail to pay 30 days past the payment due date.

5. Changes

5.1 Changes to Terms. OpinionTrac may change these Terms at any time for any reason. The most current version will always be posted on the website. If a section is material as determined us, we will notify you by email. Changes will be effective no sooner than the day they are publicly posted.

5.2 Product Changes
We periodically make changes and improvements to our product to improve its value, competitiveness or efficiency. We may add, alter or remove a feature or functionality at any time without prior notice. However, if we feel a change is significant, we will endeavor to give you reasonable advance notice. We may remove your information at any time in our sole discretion, although we will endeavor to notify you before we do that if it materially impacts you and if practical under the circumstances.

6. Indemnification, Limitations and Disclaimers

6.1. Indemnification. You will indemnify and hold harmless OpinionTrac and its affiliates, officers, agents, and employees from all liabilities, damages, and costs (including settlement costs and reasonable attorneys’ fees) arising out of a third party claim regarding, or in connection with, your or your end users’ use of the Product or breach of these Terms, to the extent that such liabilities, damages and costs were caused by you or your end users.

6.2 Exclusion of Certain Liability. TO THE EXTENT PERMITTED BY APPLICABLE LAW, OPINIONTRAC, ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS, AND LICENSORS WILL NOT BE LIABLE FOR (A) ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE, OR EXEMPLARY DAMAGES WHATSOEVER, OR (B) LOSS OF USE, DATA, BUSINESS, REVENUES, OR PROFITS (IN EACH CASE WHETHER DIRECT OR INDIRECT), ARISING OUT OF OR IN CONNECTION WITH THE SERVICES AND THESE TERMS, AND WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, EVEN IF OPINIONTRAC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF A REMEDY FAILS IN ITS ESSENTIAL PURPOSE.

6.3 Disclaimers. We make every effort to keep our service up, but because we rely on third parties or other factors, they may be unavailable from time to time for various reasons. EXCEPT AS EXPRESSLY PROVIDED IN THESE TERMS AND TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES ARE PROVIDED “AS IS” AND WE  DO NOT MAKE WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING THOSE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OR ANY REPRESENTATIONS REGARDING AVAILABILITY, RELIABILITY, OR ACCURACY OF THE SERVICES.

7. Contracting Entity

7.1 Who We Are. You are contracting with OpinionTrac, LLP located at 170 White Pine Way, Harleysville, PA 19438 USA

7.2 Governing Law. These Terms are governed by the laws of the Commonwealth of Pennsylvania

7.3 Jurisdiction. Except if prohibited by applicable law, each party submits to the exclusive jurisdiction of the state courts located in Montgomery County Pennsylvania and the federal courts located in Southeastern Pennsylvania with respect to the subject matter of those terms.

8. Other Terms

8.1 Assignment. You may not assign these Terms without OpinionTrac’s prior written consent. OpinionTrac may assign these Terms at any time without notice to you.

8.2. Entire Agreement. These Terms constitute the entire agreement between you and OpinionTrac, and they supersede any other prior agreements, terms and conditions, written or oral concerning its subject matter. Any terms and conditions appearing on a purchase order or similar document issued by you do not apply to these Terms and do not override or form a part of these Terms, and are therefore invalid.

8.3 Independent Contractors. The relationship between you and OpinionTrac is that of independent contractors,and not legal partners, employees, or agents of each other

8.4 Interpretation. The terms “includes,” “including,” “such as” and similar terms, do not limit what else might be included at OpinionTrac’s sole discretion.

8.5 No Waiver. A party’s failure or delay to enforce a provision under these Terms is not a waiver of its right to do so later.
8.6 Severability. If any provision of these Terms is determined to be unenforceable by a court of competent jurisdiction, that provision will be severed and the remainder of terms will remain in full effect.