Terms of Service

The effective date of these Precision Polling Terms of Service is October 15, 2010.

1. ADDITIONAL TERMS

Your use of Precision Polling services, precisionpolling.com, and other Precision Polling-branded websites (collectively, the "PP Service") is governed by these Precision Polling Terms of Use (the "PP Terms") and any related policies or guidelines that we may make available from time to time. These Terms are "Additional Terms" to SurveyMonkey's general Terms of Use (the "General SM Terms"), which also apply to the extent that they do not conflict with these PP Terms. In the event of any conflict between the PP Terms and the General SM Terms, the PP Terms shall apply only with respect to the PP Service and the General SM Terms shall otherwise govern.

1.2 Acceptance.

In order to use the PP Service, you must read and accept these PP Terms. You can accept these PP Terms by clicking on the button which indicates your acceptance of them in the Precision Polling user interface, or by actually using the PP Service. By using the PP Service, you indicate your acceptance of the PP Terms and the General SM Terms.

1.3 Service Provider

Precision Polling and precisionpolling.com is owned, operated and provided by SurveyMonkey.

1.4 Purpose of Use

The PP Service is intended to be used for conducting telephone surveys. It may not be used for political advertising, telemarketing or other commercial solicitations. In using the PP Service, you must abide by all applicable federal, state and local laws. IF YOU USE THIS SERVICE TO DELIVER POLITICAL ADVERTISING OR TO MAKE TELEMARKETING OR COMMERCIAL SOLICITATIONS, IN VIOLATION OF THESE TERMS OR APPLICABLE LAWS, YOU ACCEPT ANY AND ALL LIABILITY FOR SUCH ACTIONS. Your use of the PP Service is also subject to the Precision Polling Acceptable Use Policy.

2. PRECISION POLLING PRICING AND FEES

2.1 Pricing

The pricing for the PP Service is as provided in these PP Terms or as otherwise displayed on the Precision Polling website. All pricing indicated is in U.S. dollars, unless otherwise specified. You will pay all fees to SurveyMonkey.

2.2 Taxes

All charges will be exclusive of value added tax ("VAT"), sales or other taxes, except as required by law. You shall pay all duties and foreign, federal, state, county, local income taxes, VAT, and other taxes, or amounts in lieu thereof, levied or based on the Service or other products or documentation provided to you, exclusive of taxes based upon the net income of SurveyMonkey. In the event any payments to be made by you are subject to applicable withholding tax that you are required to deduct from such payments, you shall promptly deliver to SurveyMonkey receipts issued by appropriate government authorities for all such taxes withheld or paid by you and you shall fully and promptly cooperate with SurveyMonkey to provide such information and records as SurveyMonkey may require in connection with any application by SurveyMonkey to obtain available tax credits.

2.3 Payment of Fees

In order to use the PP Service, you must prepay for it by depositing funds into your account. Each deposit must be at least $5. Applicable taxes may also be charged at the time you make such a deposit. Whenever you use the PP Service to initiate an outbound phone call, a per-call charge is deducted from your prepaid account balance, based upon the calling rate and duration of the call. If you configure the PP Service to accept inbound phone calls, an amount is deducted from your prepaid account balance based on the duration of the call.

2.4 Rate Calculation.

  • Per-Call Rate. The per-call rate charged for outbound calls depends upon the phone number called. Current call rates for inbound and outbound phone calls may be found at http://www.precisionpolling.com/features/pricing. SurveyMonkey may change its call rates at any time, so users should check this website regularly for current call rates. SurveyMonkey may also provide users with notice of any call rate changes by email to the email address registered with users' accounts. SurveyMonkey also reserves the right to enter into an alternative arrangement with any of its customers for the purchase of account credit or charges for phone calls.
  • Length of Phone Call. The PP Service is intended to be used for short automated phone surveys not exceeding 5 minutes. For outbound phone calls lasting 5 minutes or less (rounded up to the nearest whole minute), users will pay for 1 phone call at the per-call rate. For outbound phone calls which exceed 5 minutes, users will pay for 1 phone call at the per-call rate, plus an additional per-call charge for every additional 5 minutes (or any portion thereof) the phone call is connected. Thus, for a 2-minute-long phone call, a user would be charged for 1 phone call at the per-call rate; for a 9-minute-long phone call, a user would be charged for 2 phone calls at the per-call rate; and for an 11-minute-long phone call, a user would be charged for 3 phone calls at the per-call rate. Inbound phone call connection times are, similarly, charged in 5 minute blocks.

2.5 No Cash Value.

The "account balance" purchased by you has no cash value, and is not a gift card. This balance is non-refundable and non-transferable under all circumstances.

2.6 Account Inactivity.

If your account is inactive for more than 180 days (inactivity is defined as not logging into the Precision Polling website), your "account balance" may expire and be set to zero. SurveyMonkey has no obligation to notify you when your account is about to expire or has expired.

2.7 Free Trials.

SurveyMonkey may determine, in its sole discretion, whether you are eligible for a free trial "account balance." Free trials are limited to one free trial per person, and if we find that you have created multiple free trial accounts, we reserve the right to suspend or terminate those accounts and take action to prevent additional violations.

2.8 Fee Disputes.

Should you have any dispute as to your account balance or any charges, please contact us at within 90 days of the date of the activity that generated such dispute, and we will attempt to resolve the matter. Any and all refunds issued to resolve such a dispute shall be issued as credits to your account balance, but in no event shall there be any cash refunds. Disputes older than 90 days shall not result in any refunds or credits.

3. USE OF THE PP SERVICE

3.1 Additional Warranties and Representations.

The PP Service can be used to contact survey participants in many countries around the world. It is your responsibility to understand and comply with all applicable laws in any countries where you deploy your surveys. You represent and covenant to SurveyMonkey that:

  1. the information submitted for transmission via the SurveyMonkey network for the PP Service is for lawful purposes only and that the transmission of messages, telephone calls or files is not in violation of any applicable state, federal or local laws or regulations;
  2. you will comply with all applicable laws, regulations, guidelines and conventions including but not limited to laws and regulations relating to Do Not Call registries and telemarketing, data privacy and security, direct marketing, consumer protection, international telecommunications and data protection, and the transfer or export of technical or personal data. Some of these regulations are enforced by the Federal Trade Commission and/or the Federal Communications Commission;
  3. you have legally obtained and have the legal right to provide us with the names, telephone numbers, email addresses and any other information that you submit through the PP Service; and
  4. you will not use the PP Service in a manner or for a purpose that would cause SurveyMonkey to violate any applicable laws.

3.2 Usage of Internet and Telephone Networks.

The PP Service makes use of the Internet and telephone networks for you to send and receive information. As a result, you acknowledge and agree that your conduct is subject to all applicable Internet and telephone network terms of use, subscription agreements and other policies and procedures. In addition, you must obtain and pay for all equipment and third-party communications services (e.g. Internet access, telephone access, email accounts) required to access and use the PP Service.

3.3 No Resale.

You may not resell the use of the PP Service to any other party.

4. SECURITY

4.1 Account Security.

You are solely responsible for maintaining the confidentiality, safety and security of your account and account password. Furthermore, you are entirely responsible for any and all activities and transactions that occur with respect to that account. You agree to notify SurveyMonkey immediately of any unauthorized use of your account, loss or theft of your password, or any other breach of security. SurveyMonkey is not liable for any loss that you may incur as a result of unauthorized use of your password or account.

4.2 Use of Another User's Account.

You may not use anyone else's account without the permission of the account holder. Any attempt to circumvent access controls or to otherwise gain access to any other portion of the Precision Polling website or the PP Service, other than what you are authorized to access, is a material breach of these terms and may result in the immediate termination of your account, as well as civil actions or criminal enforcement proceedings.

5. Termination, Suspension and Cancellation.

5.1 Cancellation/Termination by User.

You may cancel your account or terminate the PP Services at any time by sending a cancellation request to from the email address under which you registered your account and including your account username and full name in the email. We will act promptly on such requests. However, you will be liable for all fees incurred up through the termination date. SurveyMonkey shall have no responsibility to notify any third party of any suspension, restriction or termination of your account.

5.2 Termination by SurveyMonkey.

We may terminate your account: (i) if you breach these PP Terms or the General SM Terms, (ii) if we reasonably believe that you are using the PP Service in a manner that may harm the rights, reputation or property of SurveyMonkey or any third party, or (iii) if you use the PP Service for any illegal, unauthorized or unlawful purpose.

6. ADDITIONAL PROVISIONS

6.1 Limitation of Liability.

You are liable for any damages that arise out of your use of the PP Service. SurveyMonkey does not assume liability for claims concerning your use of the PP Service, including your use of the PP Service in a manner that interferes with the rights of third parties or violates applicable laws or regulations, including but not limited to claims concerning unsolicited commercial fax, email or voice messages, and claims arising under the Telephone Consumer Protection Act of 1991, CRTC 2001-193, Federal Communications Commission or Federal Trade Commission regulations.

6.2 Ownership.

You will retain ownership of any information supplied to SurveyMonkey as part of the PP Service, including phone lists, survey content, and voice recordings. You will also own the results gained from the PP Service, including survey results, and SurveyMonkey will not share this information with third parties other than in accordance with the SurveyMonkey Privacy Policy and the supplemental privacy terms that appear in the Precision Polling Privacy Statement.

6.3 Force Majeure.

Unless continuing for a period of 90 consecutive days, or involving obligations of payment hereunder, no default, delay or failure to perform on the part of either party shall be considered a breach of these PP Terms if such default, delay or failure to perform is shown to be due entirely to an event of force majeure, or to causes beyond the reasonable control of the defaulting party including without limitation, strikes, riots, civil disturbances, actions or inactions concerning governmental authorities, epidemics, war, embargoes, severe weather, fire, earthquakes, acts of God or the public enemy or default of a common carrier, or interruptions of the Internet such as failure of a third-party telecommunications provider or Internet service provider or third-party hosting provider, always provided that the party so relieved of its obligations shall take reasonable steps to prevent, correct or amend such act or event which renders such obligations impossible.

7. PRIVACY

7.1 Privacy Statement.

Your use of the PP Services is governed by the Precision Polling Privacy Statement and the SurveyMonkey Privacy Policy, both of which apply to Precision Polling.

8. DEFINITIONS

8.1


"SurveyMonkey", "us", and "we" mean SurveyMonkey Inc. located at 285 Hamilton Avenue, Suite 500, Palo Alto, CA 94301, USA and its subsidiaries or affiliates involved in providing the PP Service.

8.2


"You" or "your" means a user of the PP Service or any SurveyMonkey account holder.