Impressure and our affiliates (collectively, "Impressure" or "we,"" "us," or "our") are pleased to provide you with access to impressure.io and its subdomains (our "Site"). Your use of this Site, the Site Content, and all services, features, products and information Shared on or through the Site or in connection with the Site (collectively, the "Services") are subject to the terms and conditions below (the "Terms of Service"). The term "Content" means any content on our Site (including without limitation information, text, communication, images, graphics, video, and sound, any data, code, links, tags, applications, software, or other similar files, and any other content, as well as their selection and arrangement on this Site), and may include Content that is posted, uploaded to, emailed, distributed, displayed, stored, created or otherwise made available (collectively, "Shared" or "Share") in connection with, on, through or via the Site by you or other users (collectively, "User Content"), by us, or by third parties. "User Content" also includes the Data, as defined below.
If you will be using the Site or Services on behalf of an organization, you agree to these Terms of Service on behalf of that organization, and you represent that you have the authority to do so. In such case, "you" and "your" will refer to that organization.
CAREFULLY REVIEW THESE TERMS OF SERVICE. THEY CONTAIN IMPORTANT INFORMATION ABOUT YOUR LEGAL RIGHTS, OBLIGATIONS AND REMEDIES, AND ALSO INCLUDE CERTAIN LIMITATIONS AND EXCLUSIONS THAT MAY APPLY TO YOU.
Our Site & Services
The Site contains Impressure’s proprietary information and materials, as well as functionality and content that may be licensed from third parties. If you elect to use our paid Services, you may be granted a non-exclusive, non-transferable right to access and use such Services via the internet, subject to these Terms of Service.
Our Services may include access via our Site to templates, pre-designed, and a form builder that generates custom forms on your behalf (the “Forms”). Via proprietary software owned by Impressure or licensed by Impressure from a third party, the Forms can be utilized to solicit data which anyone can input into the Forms (the “Data”). Impressure may temporarily host such Data and transmit it to you or to your third party designee, pursuant to these Terms of Service. The foregoing features (the “Features”) are part of our Services, and may include User Content. You are solely responsible for your use of the Site, its Content and the Services (including but not limited to the Features), and use them at your own risk. We reserve the right in our sole discretion and without notice or liability to you or any third party to edit or delete any Forms, User Content, accounts, documents, information, or content appearing on, or created through, the Site or hosted by us.
Accounts & User Content
This Site, its Content and our Services are not intended for use by children under the age of 13. Those under 13 years of age may not create an Impressure account, and we do not knowingly collect information from visitors under the age of 13. Because the safety of children is as important to you as it is to us, contact us if you are aware of any use by someone under the age of 13 (or any use that otherwise violates the Children’s Online Privacy Protection Act of 1998).
Use of certain Site functions and Services may require that you register for an account. Should you decide to create an account, you agree to provide current, accurate information, and to protect the confidentiality of your username, password, and any other account registration information, as well as the security of your account. You acknowledge that you are fully responsible for all use of your account (whether or not such use is by you), and agree to notify Impressure immediately of any unauthorized use of your account or password. Accounts registered by automated methods are subject to termination.
You shall all times be responsible and liable for any transactions or activities that occur on your accounts, whether or not authorized by you or us. You further agree to immediately notify Impressure of any unauthorized use of your account or any other breach of security, including any breach or misuse related to Data; provided, however, that Impressure assumes no liability or duties in conjunction with the receipt of such notice.
The Site may include Features and additional Services through which you and others can Share User Content. Please keep in mind that references in these Terms of Service to “User Content” includes the Data, if applicable.
As between Impressure and you, you retain ownership of all of your intellectual property rights in your User Content. You are responsible for ensuring that you have all the rights and permissions needed to use that Content in connection with the Services or otherwise. We are not responsible for any actions or inactions taken with respect to the User Content.
You are further responsible for your User Content, and customer Data. Impressure does not routinely screen content submitted to, stored on, or disseminated in conjunction with our Services. When you use the Site, you agree not to engage in any activity or Share any User Content that violates our Acceptable Use Policy.
Transmission and Use of Customer Data
You may not use the Services to collect sensitive information from third parties, including but not limited to credit card information, and social security numbers.
Some of our Services may require you to give us access to or require you to provide API keys, login information, or password information for accounts or services you may have with third party providers. When you provide this information to us or give us access to these third party accounts, you represent that (a) you have read all terms and agreements governing such access, API keys, login information and passwords, and (b) that you have all the necessary contractual and legal rights to give us such access, API keys, login information, and passwords. By providing such access, you acknowledge and agree that Data will not include or contain any content that is prohibited by our Acceptable Use Policy.
Our Services enable you to transmit Data to you or to a designated third party. Some transmission methods allow the Data to be sent unencrypted. Impressure does not bear any responsibility or liability for your choice to use an unencrypted transmission method.
You are responsible for maintaining, protecting, and making backups of your Data. To the extent permitted by applicable law, Impressure will not be liable for any failure to store, or for loss or corruption of, Data.
Limited Grant of License
You grant Impressure and its affiliates the right (at our election) to use the name and likeness you submit in conjunction with your User Content. If you provide us with feedback regarding the Site, Content, or Services, we may use it without any obligation to you. The license grant to Impressure set forth in this paragraph shall continue even after you discontinue use of our Site and Services.
If you believe any Content on the Site violates these Terms of Service, please contact us.
While we do not have an obligation to monitor User Content, Impressure reserves the right (at our sole discretion and without notice to you) to edit, remove, or decline to host any User Content Shared or stored on our Site. Hosting of User Content or use of the Site (including but not limited to the Features) that is in violation of these Terms of Service may result, among other things, in suspension or termination of your account and/or rights to use the Services and/or the Site.
Any delay or failure by Impressure to enforce these Terms of Service, or to enforce any of our rights under these Terms of Service, shall not be construed as a waiver of our right to do so in the future. Further, the Terms of Service do not create a private right of action on the part of any third party, or any reasonable expectation that the Site will not contain any Content that is prohibited by these Terms of Service.
In addition to the other disclaimers contained in these Terms of Service, Impressure is not responsible or liable for any: (a) User Content or third party content; (b) user interactions with one another; (c) fraudulent transactions between users or any other aspect of a transaction or communication; (d) the accuracy, adequacy, and suitability of Forms and Data; (e) use or misuse of Data; (f) maintaining the security of all personal information contained in Forms and Data; and (g) any use of our Site or Content Shared on our Site that is in violation of the Terms of Service.
By using the Services, you acknowledge and agree that the processing and transmission of the Services, Content, and Data may be Shared via unencrypted means and involves (h) transmissions over one or more networks; and (i) changes to conform and adapt to technical requirements of connecting networks and one or more devices.
Third Party Content
Our Site and Services may include third party advertising. Any hyperlinks on our Site that direct you to third party websites are provided purely for your convenience and reference (as is any third party content on our Site, which may include third party promotions, advertisements, services and products). Inclusion of such content or hyperlinks should not be perceived as an endorsement by or association with us. We do not control third party sites, and cannot guarantee or control their practices relating to your personal information, or the site content, integrity or accuracy. Any use of the foregoing is at your own risk.
IMPRESSURE IS NOT LIABLE UNDER ANY CIRCUMSTANCES FOR DAMAGES ARISING FROM THE TRANSACTIONS BETWEEN YOU AND THIRD PARTIES OR FOR ANY INFORMATION APPEARING ON ANY WEBSITES LINKED TO OUR SITE.
Copyrights and Trademarks
All Impressure Content on our Site, as well as the Site layout, “look and feel,” and digital conversion, is the property of Impressure or its licensors or users, with all rights in the Content reserved.
As a paid subscriber, you may be granted in conjunction with the Services a limited, non-exclusive, non-sublicensable license to access and use the Services, Content, and Forms, and to access and Share the Data, for internal business purposes only and subject to these Terms of Service.
You agree that you will not download, modify, replicate, reformat, reverse engineer, decipher, display, create derivative works from, distribute, license, transfer, sell or otherwise dispose of any Content, Data, or Forms, except as expressly permitted by these Terms of Service. Any unauthorized use may violate United States and international intellectual property and copyright laws.
Impressure, Impressure.io, and certain other trademarks, service marks, domain names, logos and company names on this Site are the property of Impressure. All other service, product or company names included on this Site may be the trademarks of their respective owners (including without limitation our licensors or affiliates).
Reservation of Rights
Except as otherwise expressly stated in these Terms of Service, nothing herein shall be construed as conferring any licenses or other rights (including but not limited to intellectual or other proprietary rights), whether by implication, estoppel or otherwise. Impressure reserves all rights not expressly granted in these Terms of Service.
Digital Millennium Copyright Act Notice and Repeat Infringers
If you believe that anything on Impressure’s Site infringes any copyright that you own or control, you can file notification of infringement with our designated agent via the following contact information:
Name of designated agent: Richard Bliss
Full address to which notification should be sent: 307 W. 200 S. #3004, Salt Lake City, UT, 84101
Telephone number of designated agent: (385) 355-1130
Email address of designated agent: firstname.lastname@example.org
For the requirements of proper notification under the Digital Millennium Copyright Act (“DMCA”), please see 17 U.S.C. §512(c)(3). Impressure responds expeditiously to notices of claimed copyright infringement.
Impressure has (in accordance with the DMCA and other applicable law), adopted a policy to terminate as appropriate and at our discretion user accounts who are deemed to be "repeat infringers.” We may also terminate the account of or access by any user who infringes any intellectual property rights (whether ours or others), regardless of whether or not there is repeat infringement.
Access to Our Site & Services
Site Maintenance, Modification and Limitation
Impressure routinely performs Site maintenance, which may result in periodic service disruptions and delays. We reserve the right to modify, add, remove, suspend, or discontinue all or any part of our Services or Site at any time, including the availability of any Content and features. Impressure has no obligation to store, maintain, or provide a duplicative copy of any User Content. ANY ACTIONS TAKEN UNDER THIS PARAGRAPH MAY BE CONDUCTED WITHOUT NOTICE AND WITHOUT LIABILITY TO YOU OR ANY OTHER THIRD PARTY.
Site Restriction and Termination of License or Services
Impressure reserves the right to limit or terminate your license to use this Site or our Services, and to preclude future access or use, at our sole discretion at any time and WITHOUT NOTICE OR LIABILITY TO YOU.
You agree (at your sole expense and upon our written request) to defend, indemnify and hold harmless Impressure, its independent contractors, service providers and consultants, and the respective directors, officers, employees, agents, affiliates and partners of each of the foregoing, from and against any and all actual or threatened suits, actions, proceedings (at law or in equity), claims (groundless or otherwise), damages, payments, deficiencies, fines, judgments, settlements, liabilities, losses, costs and expenses (including, but not limited to, reasonable attorney fees and costs) that Impressure may incur in connection with a third party claim or otherwise, arising out of or related to: (a) your use of the Site or Services; (b) any User Content you provide or access; (c) creation or use of Forms; (d) collection, possession, transmission, or use of data derived from a Form; (e) violation of a third party right and/or these Terms of Service; and/or (f) any other of your direct or indirect conduct in connection with or arising from this Site, its Content or our Services.
Disclaimer of Warranties & Limitation of Liabilities
The following provisions shall apply to the maximum extent permitted by applicable law. Where jurisdictions do not allow disclaimers of implied warranties or limitation of liability in contracts, however, the contents of this section (in whole or in part) may not apply.
Disclaimer of Warranties
YOU EXPRESSLY AGREE THAT THE SITE, ITS CONTENT AND IMPRESSURE’S SERVICES ARE PROVIDED ON AN “AS-IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND. USE OF THE SITE, ITS CONTENT AND SERVICES, AND ANY RELIANCE BY YOU UPON THE FOREGOING (INCLUDING ANY ACTION TAKEN BY YOU DUE TO SUCH USE OR RELIANCE) IS AT YOUR SOLE RISK.
IMPRESSURE DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES REGARDING (A) THE USE, VALIDITY, ACCURACY, OR RELIABILITY OF, (B) THE RESULTS OF USE OF, OR (C) OTHERWISE, REGARDING THE SERVICES, THIS SITE OR ANY OF ITS CONTENT. FURTHER, WE DO NOT WARRANT THAT ANY ACCESS OR USE OF THIS SITE, ITS CONTENT OR THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF VIRUSES, NOR DO WE MAKE ANY WARRANTIES AS TO THE RESULTS THAT MAY BE OBTAINED FROM OUR SITE, SERVICES OR CONTENT, OR ANY ADVERSE CONSEQUENCES ARISING FROM OR CONNECTED WITH ANY ASSOCIATIONS OR COMMUNICATIONS WITH OTHERS. IMPRESSURE IS NOT LIABLE FOR ANY ERRORS OR OMISSIONS PERTAINING TO CONTENT, INCLUDING WITHOUT LIMITATION TEXT, IMAGES, AND FORM CONTENT. WITH RESPECT TO THE SITE, ITS CONTENT, AND THE SERVICES, IMPRESSURE DISCLAIMS ALL WARRANTIES, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL IMPRESSURE, ITS DIRECTORS, STOCKHOLDERS, EMPLOYEES OR AGENTS, BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT, PUNITIVE OR CONSEQUENTIAL DAMAGES, OR OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF REVENUE OR PROFITS, LOSS OF GOODWILL OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH USE OR INABILITY TO USE THE SITE, THE SERVICES, OR ANY CONTENT (INCLUDING BUT NOT LIMITED TO ANY DAMAGES RESULTING FROM OR CAUSED BY ERRORS, DELAYS, VIRUSES, PERFORMANCE FAILURES, OR RELIANCE ON ANY SITE CONTENT OR SERVICES, ANY DATA BREACH, OR ANY USE OR MISUSE OF DATA).
IN NO EVENT SHALL IMPRESSURE’S AGGREGATE LIABILITY, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THESE TERMS OF SERVICE, USE OR INABILITY TO USE THE SITE OR SERVICES, OR THE CONTENT, EXCEED ONE HUNDRED (100) DOLLARS. THIS DISCLAIMER AND EXCLUSION WILL APPLY EVEN IF THE EXPRESS WARRANTY SET FORTH ABOVE FAILS OF ITS ESSENTIAL PURPOSE.
Additional Legal Provisions
Compliance with Laws
You acknowledge and agree that your use of the Site, Services, and Content will be in strict compliance with these Terms of Service and our Acceptable Use Policy. If your state or local jurisdiction has any additional requirements or prohibitions, you must also be compliant with those. You are responsible for any determination as to applicable law and regulations (and the compliance with applicable law and regulations) under these Terms of Service.
If you are subject to laws or regulations (for example, EU Data Privacy Laws, HIPAA, etc.), Impressure shall not be liable if our Services, Content, or Site or your use of our Services, Site, Content, or Data does not meet the requirements of such laws or regulations.
You agree that access and use of this Site (including, without limitation, all disputes arising out of or related to the Site, Content, Services, Forms, or these Terms of Service) shall be treated as though these Terms of Service were executed and performed in Salt Lake City, Utah, and shall be governed by and construed in accordance with US Federal Law and/or the laws of Utah, without regard to conflict of law rules. Any action, suit, proceeding, or claim will be commenced or prosecuted only in the state or federal courts of Salt Lake County, Utah. You irrevocably consent to the jurisdiction and venue of the courts identified in the preceding sentence in connection with any such action, suit, proceeding or claim. A final judgment stemming from the foregoing may be enforced in other jurisdictions by suit on the judgment or in any other manner provided by law.
Conflict of Terms
If anything on our Site expressly conflicts with these Terms of Service, the Terms of Service shall prevail.
If any provision of these Terms of Service is determined to be invalid, illegal, or incapable of being enforced by any rule of law or public policy, (a) that provision will be modified to the extent necessary to render it enforceable without losing its original intent; or, if such modification is not possible, that provision will be severed from the rest of these Terms of Service; and (b) all other provisions of these Terms of Service will nonetheless remain in full force and effect.
You may not assign or transfer these Terms of Service or any of the rights or obligations granted to you hereunder without Impressure’s prior written consent. We may assign our rights and obligations hereunder, and may engage subcontractors or agents in performing our duties and exercising our rights hereunder, without your consent and without notice to you. These Terms of Service shall be binding upon and shall inure to the benefit of the parties hereto and their respective successors and permitted assigns.
Feel free to contact us with any questions, comments, or suggestions, or to notify us of any issues concerned these Terms of Service (including, but not limited to, any violations of these Terms of Service, unauthorized access to or use of your account, and access or use in violation of the Children’s Online Privacy Protection Act of 1998).
Updates to Terms of Service
We may update these Terms of Service from time to time, which will be reflected by the “Last updated” date included at the top of this page. Should an update result in a material change to these terms, we may post a notice of update to our Terms of Service on our homepage and/or may contact you by email. [To see previous versions of our Terms of Service, click here.] IF YOU DO NOT AGREE WITH ANY CHANGES TO THESE TERMS OF SERVICE, PLEASE DO NOT ACCESS OR USE (OR CONTINUE TO ACCESS OR USE) THE SITE, ITS CONTENT OR OUR SERVICES.