Terms of Service

USE OF TESTROCKIT IS SUBJECT TO THE END USER TERMS OF SERVICE BELOW. PLEASE READ THE FOLLOWING TERMS OF SERVICE CAREFULLY.

Acceptance of Testrockit Terms of Use
These Terms of Service are a contract between you and the operator(s) of the usability service provided by www.testrockit.com (“Testrockit Site”). Testrockit Site provides usability study creation, data collection, and storage services (collectively the “Service”). By using the Testrockit Site and any services accessible from the Testrockit Site, you are agreeing to be bound by the following terms and conditions (“Terms of Service”).

If you do not agree to these Terms of Service or any part thereof, you many not use the site or the Service. VIOLATION OF ANY OF THE TERMS BELOW WILL RESULT IN THE TERMINATION OF YOUR RIGHT TO USE THE TESTROCKIT SITE, AND ANY ACCOUNT THAT YOU MAY HAVE CREATED AS PART OF THE SERVICE. YOU AGREE TO USE THE TESTROCKIT SITE AT YOUR OWN RISK.
Account
In order to open an “Account” on the site, you must (i) agree to these Terms of Service, (ii) provide a valid email address, and (iii) provide any other information required by the Testrockit Site during the registration process. You will update this information to maintain its accuracy during the term of this Service. You are responsible for maintaining the security of your account and password. The Testrockit Site cannot and will not be liable for any loss or damage from your failure to comply with this security obligation. You are also responsible for all content that you may post on the Testrockit Site (“Content”) and activity that occurs under your Account (even when Content is posted by others who have accounts under your Account). Personally identifiable information submitted by you shall be subject to the Testrockit Site’s Privacy Policy.

One person or legal entity may not maintain more than one free Account. Accounts registered by “bots” or other automated methods are not permitted.
License Grants & Restrictions
The Testrockit Site hereby grants you a non-exclusive, non-transferable, worldwide right to access and use the Testrockit Site, solely with supported browsers and Testrockit’s Silverlight client through the Internet for your own internal purposes, subject to the Terms of Service. You may not permit the Testrockit Site to be used by or for the benefit of unauthorized third parties. Nothing in the Terms of Service shall be construed to grant you any right to transfer or assign rights to access or use the Testrockit Site. All rights not expressly granted to you are reserved by the Testrockit Site and its licensors. You shall not (i) modify or make derivative works based upon the Testrockit Site; (ii) reverse engineer or access the Testrockit Site in order to (a) build a competitive product or service, (b) build a product using similar features, functions or graphics of the Testrockit Site, or (c) copy any features, functions or graphics of the Testrockit Site. You further acknowledge and agree that, as between the parties, the Testrockit Site owns all right, title, and interest in and to the Testrockit Site, including all intellectual property rights therein.
Your Responsibilities
  • You are responsible for all activity occurring under your accounts and are solely responsible for compliance with all applicable local, state, national and foreign laws, treaties and regulations relating to your use of the Testrockit Site, including those related to the protection of intellectual property, data privacy, international communications and the transmission of technical or personal data.
  • You shall: (i) notify Testrockit.com immediately of any unauthorized use of any password or account or any other known or suspected breach of security; and (ii) report to Testrockit.com immediately and use reasonable efforts to stop immediately any copying or distribution of Content that is known or suspected by you.
  • You are responsible for obtaining and maintaining any equipment and ancillary services needed to connect to, access or otherwise use the Testrockit Site, including, without limitation, modems, hardware, server, software, Internet browsers operating system, networking, web servers, long distance and local telephone service, but excluding the Testrockit Site itself (collectively, “Equipment”). You shall be responsible for ensuring that such Equipment is compatible with the Testrockit Site. You shall also be responsible for the use, and maintaining the security, of the Equipment.
  • Impermissible Acts
    As a condition to your use of the Testrockit Site, you agree not to:
  • upload, post, email, transmit or otherwise make available any information, materials or other content that is illegal, harmful, threatening, abusive, harassing, defamatory, obscene, pornographic, offensive, invades another’s privacy, or promotes bigotry, racism, hatred or harm against any individual or group;
  • impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity;
  • phish, collect, upload, post, email, transmit or otherwise make available any login data and/or passwords for other web sites, software or services;
  • phish, collect, upload, post, email, transmit or otherwise make available credit card information or other forms of financial data used for collecting payments;
  • forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the Testrockit Site;
  • upload, post, email, transmit or otherwise make available any information, materials or other content that infringes another’s rights, including any intellectual property rights;
  • upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;
  • upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
  • use any manual or automated software, devices, or other processes to “crawl,” “spider” or “screen scrape” any web pages contained in the Testrockit Site;
  • reverse engineer, decompile or disassemble any of the software used to provide the Testrockit Site;
  • reproduce, duplicate or copy or exploit any other portion of the Testrockit Site, without the express written permission of the Testrockit Site;
  • interfere with or disrupt the Testrockit Site, or any servers or networks connected to the Testrockit Site, or disobey any requirements, procedures, policies or regulations of networks connected to the Testrockit Site;
  • obtain, collect, store or modify the personal information about other users;
  • modify, adapt or hack the Testrockit Site or falsely imply that some other site is associated with the Testrockit Site; or
  • use the Testrockit Site for any illegal or unauthorized purpose. You must not, in the use of the Testrockit Site, violate any laws in your jurisdiction (including but not limited to copyright laws).
  • Indemnification
    The Testrockit Site will indemnify all paying accounts against and hold them harmless from: (a) any claim by a third party that any part of the Testrockit Site or its use, manufacture, sale, distribution, or reproduction infringes or misappropriates any copyrights, trade secrets, patents or other intellectual property; (b) any claim by a third party that this Terms of Service is in conflict, violation or breach of or with any contract, assignment, license, sublicense, security interest, or other obligation to which the Testrockit Site is a party or has knowledge; (c) any claim relating to any past, present or future use, licensing, sublicensing, distribution, marketing, disclosure or commercialization of any part of the Testrockit Site by The Testrockit Site; and (d) any litigation, arbitration, judgments, awards, attorneys’ fees, liabilities, settlements, damages, losses and expenses relating to or arising from (a), (b) or (c) above.
    Feedback
    In the course of using the Testrockit Site, you may provide the Testrockit Site with feedback, including but not limited to suggestions, observations, errors, problems, and defects regarding the Testrockit Site (collectively “Feedback”). You hereby grant the Testrockit Site a worldwide, irrevocable, perpetual, royalty-free, transferable and sub-licensable, non-exclusive right to use, copy, modify, distribute, display, perform, create derivative works from and otherwise exploit all such Feedback.
    Violation of these Terms of Service
    The Testrockit Site reserves the right to investigate and prosecute violations of any of these Terms of Service to the fullest extent of the law. The Testrockit Site may involve and cooperate with law enforcement authorities in prosecuting users who violate the Terms of Service. You acknowledge that the Testrockit Site has no obligation to pre-screen or monitor your access to or use of the Testrockit Site or any information, materials or other content provided or made available through the Testrockit Site, but has the right to do so. You hereby agree that the Testrockit Site may, in the exercise of the Testrockit Site’s sole discretion, remove or delete any entries, information, materials or other content that violates these Terms of Service or that is otherwise objectionable.
    Cancellation
    You are solely responsible for properly canceling your account. You can cancel your account at any time by emailing admin@testrockit.com

    Any cancellation of your Account will result in the deactivation or deletion of your Account or your access to your Account, and the forfeiture and relinquishment of all Content in your Account. This information cannot be recovered from the Testrockit Site once your account is cancelled. Please be aware that the Testrockit Site may for a time retain residual information in our backup and/or archival copies of our database. We will make reasonable commercial efforts to delete your information as soon as possible after you communicate that intention to us.
    Termination
    The Testrockit Site reserves the right to terminate any free Accounts that do not receive a study response submission for 6 months or is not logged into for 6 months. The Testrockit Site, in its sole discretion, has the right to suspend or terminate your Account if (1) you breach these Terms of Service or (2) your bandwidth usage significantly exceeds the average bandwidth of other users of the Service. In each such case the Testrockit Site may refuse to provide you any current or future use of the Testrockit Site, or any other the Testrockit Site Service. Any termination of your Account will result in the deactivation or deletion of your Account or your access to your Account, and the forfeiture and relinquishment of all Content in your Account. This information cannot be recovered from the Testrockit Site once your account is terminated; however the Testrockit Site may for a time retain residual information in our backup and/or archival copies of our database.

    The Testrockit Site reserves the right to refuse service to anyone for any reason at any time.
    Modifications to the Testrockit Site and Prices
  • The Testrockit Site reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Testrockit Site and Service (or any part thereof) with or without notice.
  • Prices of all Testrockit Sites, including but not limited to monthly subscription plan fees to the Testrockit Site, are subject to change upon 30 days notice from us. Such notice may be provided at any time by posting the changes to the Testrockit Site.
  • The Testrockit Site shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Testrockit Site.
  • The Testrockit Site reserves the right to update and change the Terms of Service from time to time without notice. Any new features that augment or enhance the current Testrockit Site, including the release of new tools and resources, shall be subject to the Terms of Service. Continued use of the Testrockit Site after any such changes shall constitute your consent to such changes.
  • Copyright and Content Ownership
    We claim no intellectual property rights over the material you provide to the Testrockit Site. Your profile and materials uploaded remain yours. However, by setting your pages to be shared publicly, you agree to allow others to view and share any Content.

    The Testrockit Site does not pre-screen Content, but the Testrockit Site and its designee have the right (but not the obligation) in their sole discretion to refuse or remove any Content that is available via the Testrockit Site.
    Notification of Claims of Infringement
    If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please notify The Testrockit Site’s agent for notice of claims of copyright or other intellectual property infringement (“Agent”), at admin@testrockit.com

    Please provide our Agent with the following Notice:
  • Identify the material on the Testrockit Site site that you claim is infringing, with enough detail so that we may locate it on the website;
  • A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
  • A statement by you declaring under penalty of perjury that (1) the above information in your Notice is accurate, and (2) that you are the owner of the copyright interest involved or that you are authorized to act on behalf of that owner;
  • Your address, telephone number, and email address; and
  • Your physical or electronic signature.

  • The Testrockit Site will remove the infringing posting(s), subject to the procedures outlined in the Digital Millennium Copyright Act (DMCA).
    Disclaimer of Warranties
    THE SERVICES, AND ALL MATERIALS, INFORMATION, AND SERVICES INCLUDED IN THE TESTROCKIT SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH NO WARRANTIES WHATSOEVER. THE TESTROCKIT SITE AND ITS LICENSORS EXPRESSLY DISCLAIM TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. THE TESTROCKIT SITE AND ITS LICENSORS DISCLAIM ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE SERVICES. THE TESTROCKIT SITE DOES NOT WARRANT THAT (I) THE SERVICE WILL MEET YOUR SPECIFIC REQUIREMENTS, (II) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE TESTROCKIT SITE WILL BE CORRECTED. THE TESTROCKIT SITE AND ITS LICENSORS DISCLAIM, ANY WARRANTIES FOR ANY INFORMATION, CONTENT OR ADVICE OBTAINED THROUGH THE SERVICES. THE TESTROCKIT SITE AND ITS LICENSORS DISCLAIM ANY WARRANTIES FOR SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE THE TESTROCKIT SITE SERVICES OR RECEIVED THROUGH ANY LINKS PROVIDED BY THE TESTROCKIT SITE.

    YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE FORMS AND CONTENT ON THE TESTROCKIT SITE AND THE SERVICE IS AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR LOSS OF DATA THAT RESULTS FROM THE SUBMISSION OR DOWNLOAD OF SUCH CONTENT.

    Technical support is only provided to paying account holders and is only available via email. We will use commercially reasonable efforts to respond within a reasonable amount of time during regular business hours.

    SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE AND JURISDICTION TO JURISDICTION.
    Limitation of Liability
    UNDER NO CIRCUMSTANCES SHALL THE TESTROCKIT SITE OR ITS LICENSORS BE LIABLE TO YOU ON ACCOUNT OF THAT USER’S USE OR MISUSE OF OR RELIANCE ON THE SERVICES OR TESTROCKIT SITE ARISING FROM ANY CLAIM RELATING TO THIS AGREEMENT OR THE SUBJECT MATTER HEREOF. SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, (EVEN IF THE TESTROCKIT SITE OR ITS LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON THE SERVICES OR TESTROCKIT SITE, FROM INABILITY TO USE THE SERVICES OR TESTROCKIT SITE, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE SERVICES OR TESTROCKIT SITE (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES).

    THIS LIMITATION SHALL ALSO APPLY, WITHOUT LIMITATION, TO THE COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOST PROFITS, OR LOST DATA. SUCH LIMITATION SHALL FURTHER APPLY WITH RESPECT TO THE PERFORMANCE OR NON-PERFORMANCE OF THE SERVICES OR TESTROCKIT SITE OR ANY INFORMATION OR MERCHANDISE THAT APPEARS ON, OR IS LINKED OR RELATED IN ANY WAY TO, THE THE TESTROCKIT SITE SERVICES. SUCH LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW.

    SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.

    Without limiting the foregoing, under no circumstances shall The Testrockit Site or its licensors be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in heat, light, or air conditioning.
    General
    These Terms of Service will be governed by and construed in accordance with the laws of the State of Texas, without giving effect to its conflict of laws provisions or your actual state or country of residence. If for any reason a court of competent jurisdiction finds any provision or portion of the Terms of Service to be unenforceable, the remainder of the Terms of Service will continue in full force and effect. These Terms of Service constitute the entire agreement between the parties with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter (including, but not limited to, any prior versions of the Terms of Service). Any waiver of any provision of the Terms of Service will be effective only if in writing and signed by an authorized representative of The Testrockit Site.

    Questions about the Terms of Service should be addressed to admin@testrockit.com

    Questions about billing should be addressed to admin@testrockit.com
    Updated
    January 1st, 2013


    Privacy Policy

    Your Data
    We respect the privacy of our Account holders and the privacy of their client data. All user information contained within the studies you may use or build on the Testrockit Site are governed by our Terms of Service. Although The Testrockit Site owns the data storage, databases and the Testrockit Site, you retain all rights to your data. We will also not utilize your data in our databases to compete with you, market to your clients, advertise to, or contact them for any other means of profit.
    What We Collect
    We collect the e-mail addresses and certain personally identifiable information of those who communicate with us via e-mail or register with us to open an “Account”. We also collect certain aggregate information regarding which pages users access or visit, and information volunteered by the users (such as any surveys the Testrockit Site might conduct and/or site registrations).

    When you submit information, you are transferring such information into the United States and you here by consent to such transfer.

    The Testrockit Site may also collect and analyze from visitors and users certain information regarding the use of the Testrockit Site and services available therein. Information collected may include but is not limited to web site traffic volume, frequency of visits, type and time of transactions, type of browser and operating system, etc.
    Use of Information
    We may use personal information to provide the Services you’ve requested, including services that display customized forms. We may also use personal information for auditing, research and analysis to operate and improve the Testrockit Site. We may use third parties to assist us in processing your personal information, and we require that such third parties comply with our Privacy Policy and any other appropriate confidentiality and security measures. We may use certain other information collected from you to help diagnose technical problems, administer the Testrockit Site, and improve the quality and types of services delivered. We may provide non-identifying and aggregate usage and volume statistical information derived from the actions of our visitors and Account holders to third parties in order to demonstrate the value we deliver to users.

    The information we collect is not shared with or sold to other organizations for commercial purposes, except to provide products or services you’ve requested, when we have your permission, or under the following circumstances:
  • if it becomes necessary to share information in order to investigate, prevent, or take action regarding illegal activities, suspected fraud, situations involving potential threats to the physical safety of any person, violations of the Terms of Service, or as otherwise required by law; or
  • if The Testrockit Site or Testrockit is acquired by or merged with another company. In this event, the Testrockit Site will notify you before information about you is transferred and becomes subject to a different privacy policy.
  • Cookies
    A cookie is a small amount of data, which often includes an anonymous unique identifier, that is sent to your browser from a web site’s computers and stored on your computer’s hard drive. Cookies are required to use the Testrockit Site. We use cookies to assist in delivering the Service and to provide a positive and personalized user experience. Our persistent and session ID cookies are used to identify unique visitors to our sites and to provide you with easy access to your files. If you have your browser set to reject cookies, your usage of the Service and Testrockit Site is likely to be interrupted.
    Security
    The Testrockit Site has implemented processes intended to protect user information and maintain security of data. Each Account holder is assigned a unique user name and password, which is required to access their Account. It is each user’s responsibility to protect the security of his or her login information. We have attempted to protect the Testrockit Site’s servers by locating them areas with security procedures, using of firewalls and implementing other generally available security technologies.

    These safeguards help prevent unauthorized access, maintain data accuracy, and ensure the appropriate use of data, but NO GUARANTY CAN BE MADE THAT YOUR INFORMATION AND DATA WILL BE SECURE FROM INTRUSIONS AND UNAUTHORIZED RELEASE TO THIRD PARTIES.
    Cancellation or Termination of the Account
    If you choose to cancel your Account and leave the Testrockit Service or your Account is terminated because of your breach of the Terms of Service, please be aware that the Testrockit Site may for a time retain residual information in our backup and/or archival copies of our database. We will make reasonable commercial efforts to delete your information as soon as reasonably practical.
    Compliance with Children’s Online Privacy Protection Act
    As a business service, the Testrockit Site does not target its offerings toward, and does not knowingly collect any personal information from users under 13 years of age.
    Accessing and Updating Personal Information
    When you use the Testrockit Site, we make good faith efforts to provide you with access to your personal information and either to correct this data if it is inaccurate or to delete such data at your request if it is not otherwise required to be retained by law or for legitimate business purposes. You may update your Account information by logging into your Account. When requests come to the Testrockit Site with regard to personal information, we ask individual users to identify themselves and the information requested to be accessed, corrected or removed before processing such requests, and we may decline to process requests that are unreasonably repetitive or systematic, require disproportionate technical effort, jeopardize the privacy of others, or would be extremely impractical (for instance, requests concerning information residing on backup tapes), or for which access is not otherwise required. In any case where we provide information access and correction, we perform this service free of charge, except if doing so would require a disproportionate effort.
    Changes to this Policy
    The Testrockit Site may periodically update this policy. We will notify you about significant changes in the way we treat personal information by posting a prominent notice on the Testrockit Site and possibly sending a notice to the primary email address specified in your Account. We do not intend to reduce your rights under this Policy without your explicit consent, and we expect most such changes will be minor. Each version of this Policy will be identified at the bottom of the page by its effective date.
    Questions
    Any questions about this Privacy Policy should be addressed to admin@testrockit.com
    Updated
    January 1st, 2013

    © Copyright 2013 Ryan West. All rights reserved.