Terms of Use

We provide and maintain an internet web site for the benefit of users of our Services. We provide tools and processes to allow users to create card sort studies, obtain results, and access related information and services.

The use of PlainFrame and its associated web site are provided subject to the terms and conditions set forth in these Terms of Use, our Privacy Policy, and any other rules and policies set forth on this Site. The terms and conditions below and any other rules or policies set forth on this Site comprise the entire agreement between users and UX Punk.

Acknowledgment & Acceptance

Please read the following terms of this agreement carefully. By completing the registration process, users accept and agree to all of the terms and conditions set forth in this agreement and in our privacy policy.

User Responsibilities.

Users agree to the following responsibilities:

• Creation and maintenance of all content in the account.
• Payment of all agreed subscription fees.
• Full responsibility for all activity associated with your use of our Site and Services.
• Compliance with all other obligations set forth in these Terms of Use.

Users enter and use the Site and the Services at their own risk. UX Punk is not responsible for users' activities, content, results, or other data, related to use of the Site or the Services. We are not responsible for the deletion of any data that is in or has been added to an account(s). If a User account remains inactive for a period of 6 months, it will deactivated.

Level Of Support

The purchase of a PlainFrame license includes sufficient support to enable users to create a card sort study and to collect data from participants. Additional support such as assistance in analyzing and interpreting the results of a study, customization of the participant interface, or customization of the interface between the PlainFrame application and the client's website require an additional fee (to be negotiated with the client).

Modification To Services Provided; Terms Of Use.

Users acknowledge and agree that we may, with reasonable notice, modify the Services and/or the Site. Further, we may modify these Terms of Use from time to time, including the fees we charge for Services. Modifications of the Service may include, without limitation, the number of respondents or the number of studies that may be created, saved, sent or used through the Site.

We will notify users of changes we make by posting a notice on our Site, or, at our sole discretion, by email. If users do not accept the changes, their use will terminate at that time. Use of the Site or the Services after the notice is posted shall be interpreted as acceptance of the modification or termination of the Services or these Terms of Use.

Payment Terms.

Users agree to pay all charges to their account at the rates in effect when the charges are incurred. See our refund policy.

Registration & Password.

Users will provide current, complete, accurate information in the registration section of the Site. Users will provide a password in order to access the Services and their account. Users are solely responsible for maintaining the confidentiality of password and account information. Users will immediately notify us of any unauthorized account activity, or any unauthorized use of their account or any other breach of security of which they become aware.

Users may share logins and passwords with others in their organization within the limitations of their current license.

Privacy.

We are committed to protecting the privacy and confidential information of Users. Please see our Privacy Policy for further details.

Prohibited Uses.

Users acknowledge, warrant and agree that:

• They will not transmit through the Service or the Site any pornographic, obscene, offensive, threatening, harassing, libelous, hate-oriented, harmful, defamatory, racist, illegal or otherwise objectionable material or content.
• They will not send any transmission that attempts to hide their identity or represents them as someone else.
• They will not interfere or disrupt networks connected to the Service and the Site.
• Any attempt to gain unauthorized access to any computer system, including accounts, or databases maintained by and for LimeChile , is strictly prohibited.
• They will refrain from fraudulent or disputed purchasing, unauthorized use of monetary resources or any other questionable financial activity.
• They will comply with all laws, rules and regulations regarding transmission of technical data exported from the United States.

If users engage in any activity set forth in this paragraph or violate any terms or conditions of these Terms of Use, their account will be terminated and use of the Service and Site prohibited. We may report any unlawful conduct to the appropriate authorities and turn over any and all information regarding such activity to appropriate persons or entities. LimeChile reserves the right to pursue any and all legal remedies available to it for the violation of these Terms of Use or any other applicable federal, state, or local laws.

Disclaimer Of Warranties.

Users expressly acknowledge and agree that use of the service and the site is at their sole risk. The service and the site are provided on an "as is" and "as available" basis.

To the fullest extent allowed by law, UX Punk 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 services or the site may contain bugs, errors, problems or other limitations. UX Punk assumes no liability or responsibility for any errors or omissions in content.

UX Punk does not warrant or make any representations regarding the reliability or accuracy of the registration information supplied to UX Punk nor the responses or information supplied by study participants. UX Punk does not warrant or make any representations regarding the use or the consequences of the use of any study, responses or results nor does UX Punk warrant the correctness, usefulness, reliability, accuracy or otherwise of any study, responses or results. UX Punk 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 study, responses or results created on or through the Service or the Site. It is solely users' responsibility to evaluate the accuracy, reliability, completeness and usefulness of any surveys, survey responses, survey results or other information received while using the service or site.

UX Punk makes no warranty that the service or site will meet users' requirements or that the service will be uninterrupted, timely, secure, virus-free, error-free, accurate or reliable; nor does UX Punk make any warranty as to any information that may be obtained through the service or site or that defects in the software for the service will be corrected or that the site is free of viruses or other harmful components.

UX Punk makes no warranty regarding any goods or services purchased or obtained through the service or site or any transactions entered into through or based upon the service or the site. No advice or information, whether oral or written, obtained by users from the service or site or through the service or site shall create any warranty not expressly made herein.

Limitation Of Liability.

To the fullest extent permissible pursuant to applicable law, neither UX Punk nor officers nor employees shall be liable for any indirect, special, incidental, consequential or punitive damages arising out of users' access to, use of, inability to use, or reliance on the service, even if advised of the possibility of such damages. If users are dissatisfied with the service, the materials available on or through the service or the site, or with any of the terms of this agreement, their sole and exclusive remedy is to discontinue using the service and leave the site immediately. LimeChile's liability, if any, shall be solely for direct damages arising from a breach of any of these Terms of Use and only up to the amount of the license fee paid by user.

Proprietary Rights.

UX Punk owns the content including the graphics, names, text, software, page layout, design, processes, procedures, magnetic translation, digital conversion or other material contained in the Service and the Site to the extent such content is provided and/or designed by LimeChile . No one may copy, reproduce, distribute in any way, or decompile, reverse engineer or disassemble the content. Users are permitted the limited license to use the content of the Service and the Site as authorized herein to create card-sort studies for use as an end product only. While an account is active, users will have the right to access their study information, participant responses, results and related data, and assume the entire risk of disclosing such content to third parties. No one may copy, reproduce, transmit, post, distribute or create derivative works from this Site without prior express authorization.

Termination.

These Terms of Use and the Service may be terminated at LimeChile's discretion without notice to the user. UX Punk shall not be liable to users or any third party in any manner for termination of the Service. In the event users should become dissatisfied with the Terms of Use or any modifications thereof, or with the Service or the Site, their only recourse is to discontinue use of the Service, terminate their license, and give notice to us of these actions. Upon termination, the right to use the Service and the Site cease immediately and UX Punk shall have no obligation whatsoever to forward or make available any studies, responses or results.

Indemnification.

Users agree to defend, indemnify and hold harmless LimeChile , its officers and employees, from any and all claims and demands brought by a third party, including attorneys fees, due to or arising from user's use of the Service, studies, responses, results and any other conduct related in any way to the Service or the Site, including but not limited to breaching any warranty or provision contained in these Terms of Use. LimeChile agrees to indemnify and hold user harmless for any and all claims and demands of infringement brought against user by a third party arising out of user's use of the Service or the Site.

Jurisdiction

These Terms of Use and the relationship between a user and UX Punk shall be treated as if entered into and executed in the State of Illinois and shall be governed and construed in accordance with the laws of the State of Illinois, without regard to conflict of law principles. Users agree to submit to personal and exclusive jurisdiction and venue of the courts in the county of Cook, Illinois, USA. UX Punk makes no representation that the materials and content on the Site or relating to the Services are appropriate or available for use in other locations, and accessing them from territories where their contents are illegal is strictly forbidden. Those who access the Services or the Site from other locations do so on their own initiative and at their own risk and are responsible for compliance with local laws. Any claim or demand under these Terms of Use must be made within 1 year of the occurrence of the underlying facts.

Nature Of Agreement.

Users agree that completion of the registration procedure constitutes agreement to these Terms of Use. Further, these Terms of Use are the entire and only agreement between Users and UX Punk and supersede any prior or other understandings, representations or warranties. Users agree that each use of the Services and the Site reaffirms acknowledgment and agreement to these Terms of Use. LimeChile agrees to indemnify and hold user harmless for any and all claims and demands of infringement brought against user by a third party arising out of user's use of the Service or the Site.

General Provisions.

In any dispute arising from the relationship between users and UX Punk or these Terms of Use, the prevailing party shall be entitled to reasonable attorneys' fees and costs. The failure by UX Punk to enforce any right or provision under these Terms of Use shall not constitute a waiver of that provision or any other provision of these Terms of Use. If any provision of these Terms of Use shall be determined to be invalid or unenforceable by a court of competent jurisdiction, the other provisions shall remain in full force and effect.