THIS IS A LEGAL AGREEMENT BETWEEN YOU, THE END USER, AND VANGUARD SOFTWARE CORPORATION. BY USING THIS ONLINE SERVICE, YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT.
GRANT OF LICENSE. Vanguard Software Corporation (Vanguard) grants you a non-exclusive license to use the Service accompanying this Agreement for the purpose of preparing, delivering, and analyzing online Surveys. Vanguard may, in its sole discretion, modify or discontinue this Service, or make changes to this License Agreement.
FEES. You shall be liable for fees accrued in connection with the use of this Service. Vanguard will charge your credit card for fees accrued in the prior period based on the published fee schedule.
TERMINATION. Vanguard may restrict or terminate your use of this Service at any time. You may terminate this Agreement by discontinuing your use of the Service and paying all accrued fees.
CUSTOMER REMEDIES. Vanguard's entire liability and your exclusive remedy shall be return of the fees paid to Vanguard for the use of this Service.
NO WARRANTIES. VANGUARD DISCLAIMS ALL WARRANTIES, EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THIS SERVICE AND THE ACCOMPANYING DOCUMENTATION.
NO LIABILITY FOR CONSEQUENTIAL DAMAGES. IN NO EVENT SHALL VANGUARD OR ITS SUPPLIERS BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OF OR INABILITY TO USE THIS SERVICE, EVEN IF VANGUARD HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES DO NOT ALLOW EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
This Agreement is governed by the laws of the state of North Carolina.