GroundSwell Diagnostics Terms and Conditions

GroundSwell Organizational Diagnostics LLC, referred to as GroundSwell Diagnostics, owned and operated by GroundSwell Holdings LLC, a Utah entity (collectively referred to here as "GSD"), provides and maintains an Internet Web site (the "Site") with related survey tools and processes (“Products”) to assess organizational and management effectiveness of companies and individuals. The Products and use of the Site are provided to you under the terms and conditions set forth in the Terms and Conditions Agreement (“Agreement”) and any rules or policies otherwise set forth on this Site or published from time to time by GSD. IF YOU DO NOT AGREE TO BE BOUND BY THIS AGREEMENT, DO NOT USE THE SITE OR THE PRODUCTS. This Agreement set forth below and any rules or policies otherwise set forth on this Site comprise the entire agreement between you and GSD and supersedes any and all prior agreements or understandings between the parties.

  • ACKNOWLEDGMENT AND ACCEPTANCE.
    PLEASE READ THE FOLLOWING AGREEMENT CAREFULLY. BY COMPLETING THE REGISTRATION PROCESS TO CREATE A NEW ACCOUNT, AND CLICKING ON "SUBMIT", YOU ACCEPT AND AGREE TO ALL OF THE TERMS AND CONDITIONS SET FORTH IN THIS AGREEMENT, INCLUDING ALL WARRANTIES AND PROMISES BY YOU. IN ADDITION, YOU HEREBY ACKNOWLEDGE AND WARRANT THAT YOU ARE 18 YEARS OF AGE OR OLDER.
  • PRODUCTS PROVIDED.
    GSD is providing the Products through the Site for your use. You can choose to purchase one or more Products from the Site, and are charged based on the posted pricings available on the Site. GSD Products are survey tools and processes designed to assess the organizational and management effectiveness of companies and individuals. All Products are accessible after registration and the creation of a New Account when you are in full compliance with this Agreement. After the purchase of a Product, you may distribute the surveys via email, Web intercept, Web site link or other technologies to potential survey respondents. You must supply your own email list of survey respondents. In exchange for use of the Products and the Site, you acknowledge your obligations as set forth in this Agreement and agree to use the Products and the Site in compliance with this Agreement.
  • MODIFICATION TO PRODUCTS PROVIDED; TERMS OF AGREEMENT.
    You acknowledge and agree that GSD may, with or without notice, modify, delete, or amend the Products and/or Site provided hereunder. Further, you acknowledge and agrees that GSD may further modify, delete or amend the terms of this Agreement from time to time, including changes in product pricing or charging a fee or fees for some services. In either event, GSD will notify you of any modification in pricing or fees by email. If you do not accept the modification, deletion or amendment, you must terminate your account and use of GSD Products and Site at that time. Any and all use of the Site or the Products by you 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 Products, Site or terms of this Agreement.
  • USER ACCOUNTS
    Logins may only be used by a single user. A single login shared by multiple people is not permitted
    You are responsible for maintaining the security of your account and password. You shall immediately notify GSD of any unauthorized account activity, or any unauthorized use of your email list(s) or any other breach of security known to you. GSD cannot and will not be liable for any loss or damage from your failure to comply with this security obligation
    You may not use the Products and Site for any illegal or unauthorized purpose. You must not, in the use of the Product and the Site, violate any laws in your jurisdiction
  • PAYMENT TERMS.
    You must provide GSD with valid credit card information at the time of purchase. The purchase of Products is billed and the credit card that you provided will be charged at the time of sale. You agree to pay all charges made to your credit cards for the purchase of GSD Products, including any applicable taxes, at the rates in effect when the charges are incurred. GSD will keep credit card information confidential, and ensure that credit card processing takes place in a secure environment. GSD reserves the right to suspend or terminate your account and access to the Products.
  • PRIVACY.
    GSD is committed to its policy of protecting the privacy and confidential nature of your information. A detailed Privacy Policy is available for review on the Site.
  • ANTI SPAM POLICY.
    GSD expressly forbids SPAM (the term "SPAM" meaning the sending of unsolicited e-mail to parties unknown to the sender). GSD has a zero tolerance SPAM policy. Anyone found to be using GSD for SPAM will have their account subject to immediate termination.
    GSD may only be used in connection with e-mail lists for which recipients have voluntarily provided the information or has been provided to you by an authorized party. Using GSD to send e-mail to an address obtained without the consent of such addressee or an authorized party is a violation of this Agreement. You may not import any e-mail addresses that have not provided consent to receive your mailings or has not been provided to you by an authorized party. If GSD receives complaints in this regard, your account is subject to immediate termination. You may not send mail under any company or organization name other than your own and/or with fraudulent header or source information.
    GSD cannot and do not, monitor, censor or edit the contents of email messages sent using our system. You are responsible for the contents of their messages and the consequences of any such messages. GSD do not assume any responsibility or liability for messages or other content that is created by you. You may not send, post, distribute or disseminate any defamatory, obscene, or otherwise unlawful messages, material or information, including another person's proprietary information (including trademarks, trade secrets, or copyrighted information) without express authorization from the rights holder.
    GSD will cooperate with legal authorities in releasing names and IP addresses of users who are involved in SPAM or other illegal activities.
  • DISCLAIMER OF WARRANTIES.
    YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT THE USE OF THE PRODUCTS AND THE SITE IS AT YOUR SOLE RISK. THE PRODUCT AND THE SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS.
    TO THE FULLEST EXTENT ALLOWED BY LAW, GSD EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. THE CONTENTS OF THE PRODUCTS OR THE SITE MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. GSD ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN CONTENT.
    GSD 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 SITE NOR IS IT RESPONSIBLE FOR THE RESPONSES SUBMITTED TO ANY SURVEY REQUESTS OR FOR THE RESULTS GENERATED BY SURVEY RESPONSES. GSD DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE RELIABILITY OR ACCURACY OF THE REGISTRATION INFORMATION SUPPLIED TO GSD NOR THE RESPONSES OR INFORMATION SUPPLIED BY SURVEY RESPONDENTS IN RESPONSE TO SURVEYS. GSD 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 GSD WARRANT THE CORRECTNESS, USEFULNESS, RELIABILITY, ACCURACY OR OTHERWISE OF ANY SURVEY, SURVEY RESPONSES OR SURVEY RESULTS. GSD IS NOT RESPONSIBLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION, LOST PROFITS, BUSINESS INTERRUPTION OR OTHER LOSS RESULTING FROM USE OF OR RELIANCE IN ANY WAY ON ANY SURVEY, SURVEY RESPONSES OR SURVEY RESULTS THROUGH THE PRODUCTS OR THE SITE.
    IT IS SOLELY YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, RELIABILITY, COMPLETENESS AND USEFULNESS OF ANY SURVEYS, SURVEY RESPONSES, SURVEY RESULTS OR OTHER INFORMATION RECEIVED WHILE USING THE PRODUCTS OR SITE.
    GSD MAKES NO WARRANTY THAT THE PRODUCTS AND THE SITE WILL MEET YOUR REQUIREMENTS OR THAT THE PRODUCTS AND THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, VIRUS-FREE, ERROR-FREE, ACCURATE OR RELIABLE; NOR DOES GSD MAKE ANY WARRANTY AS TO ANY INFORMATION THAT MAY BE OBTAINED THROUGH THE PRODUCTS AND THE SITE OR THAT DEFECTS IN THE SOFTWARE FOR THE PRODUCTS WILL BE CORRECTED OR THAT THE SITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
    YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH USE OF THE PRODUCTS OR SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL OR DATA.
    GSD MAKES NO WARRANTY REGARDNG ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH THE PRODUCTS OR SITE OR ANY TRANSACTIONS ENTERED INTO THROUGH OR BASED UPON THE PRODUCTS OR THE SITE.
    NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE PRODUCTS OR SITE OR THROUGH THE PRODUCTS OR SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
  • LIMITATION OF LIABILITY.
    TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, NEITHER GSD NOR ANY PARENT ENTITIES, SUBSIDIARIES, AFFILIATES, OFFICERS OR EMPLOYEES SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF YOUR ACCESS TO, USE OF, INABILITY TO USE, OR RELIANCE ON THE PRODUCTS OR ANY SURVEYS, SURVEY RESPONSES OR SURVEY RESULTS, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOU ARE DISSATISFIED WITH THE PRODUCTS, THE MATERIALS AVAILABLE ON OR THROUGH THE PRODUCTS OR THE SITE, OR WITH ANY OF THE TERMS OF THIS AGREEMENT, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE PRODUCTS AND LEAVE THE SITE IMMEDIATELY.
  • OTHER PROHIBITED USES.
    You agree not to transmit through the Site any pornographic, obscene, offensive, threatening, harassing, libelous, hate-oriented, harmful, defamatory, racist, illegal or otherwise objectionable material or content. You shall not send any transmission that attempts to your identity or represents yourself as someone else. Any attempt by you 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. You specifically agree not to use the Site to send any materials, including requests to take surveys, to any persons under 18 years of age unless and until the you have taken and followed all necessary action and compliance pursuant to provincial/state and federal laws. You agree 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 Products or the Site. You agree not to interfere or disrupt networks connected to the Products and the Site. Any attempt to gain unauthorized access to any computer system, including accounts, lockers or databases maintained by and for GSD, is strictly forbidden. You agree not to attempt to gain unauthorized access to any network, disrupt any network services or services of external networks using the Site. You agree not to attempt to gather any third party personal information without consent. You agree not to use the network infrastructure and Site in a manner that puts an excessive burden on the limitations of the network. You agree to comply with all applicable laws relating to such conduct. If you engage in any activity set forth in this paragraph or violates any terms or conditions of the Terms of Agreement, your account will be terminated and use of the Products and Site prohibited. GSD will report such conduct to the appropriate authorities and turn over any and all information, regarding such activity to appropriate persons or entities.
  • PROPRIETARY RIGHTS – NO MISAPPROPRIATION, OR MISUSE OF NAMES, MARKS, AND OTHER PROPRIETARY MATERIALGSD owns the content including the graphics, names, text, software, music, videos, sound, pictures, compilations, survey templates, surveys, page layout, design, processes, procedures, magnetic translation, digital conversion or other material contained in the Products and the Site to the extent such content is provided and/or designed by GSD. It is all protected by copyrights, trademarks, service marks, patents, or other proprietary rights and laws. No one may copy, reproduce, distribute in any way, or decompile, reverse engineer or disassemble the content. You are permitted the limited license to use the content of the Products and the Site as authorized herein to conduct surveys and view survey responses and survey results for your personal use as an end product only, and you must at all times maintain GSD's copyright symbol on the product in any form or medium. You own your survey responses, survey results and related survey data ("User's Content"), and you assume the entire risk of disclosing your content to third parties. Modification or use of GSD's content in any prohibited way is a violation of copyright and other proprietary laws. NO ONE MAY POST, COPY, MODIFY, TRANSMIT, DISCLOSE, SHOW IN PUBLIC, CREATE ANY DERIVATIVE WORKS FROM, DISTRIBUTE, MAKE COMMERCIAL USE OF, REPRODUCE IN ANY WAY (i) ANY CONFIDENTIAL INFORMATION, OR (ii) OTHER COPYWRITED MATERIAL, TRADEMARKS, OR OTHER PROPRIETARY INFORMATION ACCESSIBLE VIA THE PRODUCTS AND THE SITE, WITHOUT FIRST OBTAINING THE PRIOR WRITTEN CONSENT AND EXPRESS AUTHORIZATION OF THE OWNER OF SUCH PROPRIETARY RIGHTS.
    For Surveys sent in connection with the Products, you acknowledge and agree that GSD may add an identifying footer stating “Powered by GroundSwell Diagnostics” or a similar message. Any explicit attempt to remove this is a violation of the Terms of Use.
  • DATABASE AND STORAGE OF SURVEYS, RESPONSES AND RELATED SURVEY DATA.Survey results are maintained as long as the account is active and in good standing. Products, Survey Responses, and Survey Results can be accessed by logging into your account. After the account has been cancelled or deactivated, the results will not be accessible on the Site. GSD may from time to time publish notices regarding the maximum allowable memory space, number of survey respondents, number of surveys or number of survey questions that may be saved, sent or used through the Site.
  • LINKS AND ADVERTISERS.
    GSD may provide advertising space and/or links and pointers to Internet sites maintained by third parties. GSD has not reviewed all of the third party sites nor reviewed any products or services they may provide. GSD is not responsible for nor does it endorse the contents or any products or services of such third parties or their sites. GSD DOES NOT CONTROL IN ANY RESPECT ANY INFORMATION, PRODUCTS OR SERVICES OFFERED OR SUGGESTED BY THIRD PARTIES ON THE SITE. GSD DOES NOT ENDORSE OR OTHERWISE WARRANT OR GUARANTEE THE PRODUCTS OR SERVICES THAT ARE EITHER ADVERTISED ON THE SITE OR CONNECTED BY LINK.
  • TERMINATION
    Any violation of this Agreement constitutes grounds for immediate termination of your account without notice or refund. Upon such termination, GSD shall have no liability or responsibility to you or any third party. This Agreement may be terminated by either party hereto at any time through the cancellation or deactivation of your account. GSD shall not be liable to you or any third party in any manner for termination of the use of the Site. In the event you should become dissatisfied with this Agreement or any modifications thereof, or with the Products or the Site, your only recourse is to discontinue use of the Site. Upon termination, your right to use the Products and the Site cease immediately and GSD shall have no obligation whatsoever to forward any surveys, survey responses, survey results or refunds to the you.
  • INDEMNIFICATION.
    You agree to defend, indemnify and hold harmless GSD, its parent entities, subsidiaries, affiliates, officers, and employees, for any and all claims and demands, including attorney's fees, due to or arising from your use of the Site, surveys, survey responses, survey results and any other conduct related in any way to the Products or the Site, including but not limited to breaching any warranty or provision contained in this Agreement.
  • JURISDICTION.
    This agreement is subject to the laws of the State of Utah. You agree to waive questions of jurisdiction and venue and agree that all disputes brought by you shall be in the courts of Summit County, UT.All correspondences with GSD should be addressed to:
    GroundSwell Diagnostics
    1776 Park Avenue #4-175
    Park City, UT
    84060
  • NATURE OF AGREEMENT.
    You agree that the registration procedure, account set-up and subsequent activation of the "Submit" button constitute agreement to the Terms and Conditions set forth. Further, this Agreement is the entire and only agreement between the parties and supersedes any prior or other understandings, representations or warranties. You agree that each use of the Products and the Site reaffirms your acknowledgment and acceptance of this Agreement.
  • GENERAL PROVISIONS.
    GSD provides survey tools and process to assess the organizational and management effectiveness of companies and individuals, and make no implied or expressed warranties about the reliability of our Products and our Site. GSD is not responsible for any deletion, alteration, or loss of survey, survey respondents, or survey results due to network or system outages, file corruption, accidental deletion, incompatibilities, or any other reasons. GSD makes no guarantees as to server reliability, speed, or consistency and cannot be held liable for such.
    GSD makes no guarantee of the accuracy, correctness, or completeness of any information on these web pages, surveys, databases, or results, and is not responsible for any errors or omissions arising from the use of such information; any failures, delays, or interruptions in the delivery of any content or services contained on our servers; losses or damages arising from the use of the content or services provided by us.
    You agree to represent yourself and your organization accurately, and will not impersonate any other person or company, whether actual or fictitious
    In using the varied features of the Products and the Site, you may provide information about yourself, or your employer (such as name, contact information, or other registration information) to GSD. GSD may use this information and any technical information about the use of the Products tailor its presentations to you, facilitate your movement through the Product, communicate separately with you, or publish the fact that you, or your company is a user of our Products.
    In any dispute arising from the relationship between you and GSD, or the terms of this Agreement, the prevailing party shall be entitled to reasonable attorney's fees and costs. The failure by GSD to enforce any right or provision under the terms of this Agreement shall not constitute a waiver of that provision or any other provision of the terms of this Agreement. If any provision of the terms of this Agreement shall be determined to be invalid or unenforceable by a court of competent jurisdiction, the other provisions of the terms of this Agreement shall remain in full force and effect.
    GSD reserves the right to amend or change these guidelines at any time, without notice.
  • MONEY BACK GUARANTEE.
    Trial Products are offered on the Site at no cost.
    If you are not satisfied with the purchase of a paid Product for any reason prior to the delivery of the final survey results, you may submit a request to have your payment refunded. Refunds are available prior to the delivery of the final survey results.
    You can submit a refund request to GSD in writing and, (i) GSD will immediately deactivate your account; (ii) Your license to use the Products will cease; (iii) Any information contained in your account including, but not limited to surveys, survey respondents, and survey results will immediately become inaccessible and unrecoverable, (iv) this Agreement will be terminated and of no force or effect; and (v) GSD will return any payments it has received relating to the Product purchase.
    Once the final survey results are delivered, there will be no refunds or credits. Unfortunately, we cannot make any exceptions.