Welcome to the User Agreement for Improved Experience, LLC (“Improved Experience,” “we,” “us,” “our,” “ours”). This document describes the terms under which you as an individual may access and use our Service. In order to use or access the Improved Experience service, you must read and accept all of the terms and conditions of this agreement and the Privacy Policy. Nothing in this Agreement shall be deemed to confer any third-party rights or benefits. If you do not agree to be bound by the terms of this Agreement, please do not use or access our services.
We reserve the right to modify the Terms of Use at any time, and without prior notice, by posting amended terms on this website. If and when we do so, if you continue to use the Improved Experience Service this shall mean that you accept the amended terms.

Description of Service

Improved Experience is an independent, third-party research firm. We offer an online feedback portal in which individuals (at no charge) may provide feedback about their experiences and perceptions before, during and after employment, and companies (through a paid subscription) can view collective feedback as it is aggregated on a business intelligence dashboard (collectively called “the Service” in this Agreement).
We take anonymity and data integrity very seriously. For more information about our views and commitments to you on these issues, please view the Privacy Policy and Frequently Asked Questions on our website.

Who May Use the Service

Our Service is available to two types of users (“you,” “your,” or “yours”):

• Those individuals to whom we extend an invitation to provide feedback in the form of a survey. This type of user (“Survey Taker”) is either a job seeker or employee of a company that is subscribed to the Service, and becomes known to us by email address only when that email address is provided directly by a subscribing company.
• Certain authorized representatives of companies that subscribe to the Service. This type of user (“Subscriber”) is authorized if he or she is selected by a company to access, view and report on information found in the Service, and is further provided both a user name and a confidential password by Improved Experience.

All users are prohibited from selling, trading, or otherwise transferring the Service to any other party. If you do not meet the qualifications of a user as described in this Agreement, you may not use the Service.

Access and Use of the Service

As a user you are granted a revocable, non-exclusive, non-assignable and non-transferable license to use the Service under the terms of this Agreement; however, please be aware that at our discretion and without prior notice we reserve the right to refuse, suspend, or terminate service to any user, for any or no reason. For more information about what might cause us to do so, please read the section in this Agreement entitled “Termination of Service.”
As a Survey Taker, you may access the Service only through the link contained in the survey invitation that we provide to you. While using the Service you may create or revise a Privacy Profile (“Avatar”), answer survey questions, communicate with a service representative for assistance, and store and/or print for your personal use a copy of the “Experience Comparison” provided at the completion of each survey.
As a Subscriber, you may access the Service only by logging in with your Service-recognized user name and confidential password. While using the Service you may view page content, apply filters, and use the reporting functions as they are defined in the Subscription Agreement for your company. You may also communicate with a service representative for assistance.
Other than these activities, without our written permission all users may not:

• Modify, copy, distribute, download for storage on a hard drive or any other storage media, display, use, publish, license, create derivative works from, transfer or sell any information or content contained in our web site;
• Develop or derive for commercial sale any data in any form whatsoever that incorporates or uses any part of the Service.
• Use manual or automated software, devices, or other processes to “crawl” or “spider” any web pages contained in the Improved Experience website is strictly prohibited.
• Monitor or copy, or allow others to monitor or copy, our web pages or the content included herein.
• “Frame” or otherwise simulate the appearance or function of this website.
• Take any action that interferes with the proper working of or places an unreasonable load on our infrastructure, including but not limited to unsolicited communications, attempts to gain unauthorized access, or transmission or activation of computer viruses.

Availability of the Service

We are committed to taking every reasonable, commercial effort in making the Service available to you on a 24/7 basis, and upon request will verify with you our current availability rating. When service interruptions occur that are within our scope of control, we are also committed to taking every reasonable, commercial effort to minimize the duration and frequency of those interruptions. That said, you acknowledge and agree that we cannot control every factor that influences your access to the Service (including, for example, electrical outages or failures of Internet service and infrastructure providers), and shall therefore not be responsible for disruption in your access to the Service, regardless of length.

Accuracy and Anonymity of Data

The data that we collect, combined with your trust in us to guard and maintain it carefully, is the heart and soul of our business. We commit to using every reasonable, commercial effort and resource to protect the integrity of that data. We will never, ever sell your email address to any third party.
As a Survey Taker, you agree to truthfully represent your opinions, perceptions and experiences in the surveys, and to truthfully disclose demographic data when using the Service. We prepare and present your responses to employers according to the type of question you have answered:

• Multiple choice questions are aggregated in our system with the responses of all other Survey Takers before presentation on the Subscriber’s dashboard. Although the Subscriber may apply demographic filters to the data to better understand the perceptions of certain groups of survey responders, at no time may a Subscriber view fewer than 7 responses to a single question at once on the dashboard. We have built the Service this way to provide you maximum anonymity.
• Answers to open text questions are optional (meaning that you are not required to answer them in the surveys), and we do not edit or filter them in any way before presentation on the Subscriber’s dashboard. We have built the Service this way to provide you maximum flexibility in presenting your feedback to an employer; you acknowledge and agree that when responding to these questions you are fully responsible for the content of your response and your resulting level of anonymity.

As a Subscriber, and as mentioned above, be aware that we do not pre-screen, monitor, or edit open-text survey responses. We do, however, provide companies the option of restricting access to this data among authorized representatives. We have built the Service this way to allow companies to preview content for potentially libelous or otherwise concerning information before releasing it for further review in the company.

Monitoring and Enforcement

Because community standards vary and individuals sometimes choose not to comply with our policies and practices, in the process of using the Service it is possible that you may be exposed to content that you find offensive or objectionable. If this happens, you can contact our Customer Service Department to let us know of content that you find objectionable. We may investigate the complaints and violations of our policies that come to our attention and may take any action that we believe is appropriate, including, but not limited to issuing warnings, removing the content or terminating accounts and/or subscriptions. However, because situations and interpretations vary, we also reserve the right not to take any action.

User Responsibilities

In using the Service, you agree that you will take reasonable steps to prevent unauthorized access to the Service. Additionally, you agree that you will not:

• Knowingly transmit any information, data, images or other materials that are unlawful, or that may be considered harmful or vulgar to others;
• Transmit any material that infringes any intellectual property right, included but not limited to patent, trademark or other proprietary rights of any third party;
• Violate any applicable law;
• Violate or attempt to violate the security of our website;
• Provide your username, password and/or survey invitation link to any other person;
• Reverse engineer or disassemble any portion of the Service; or
• Interfere with the Service by overloading, flooding, or using browsers, spiders, robots, avatars to navigate or search any portion of our website.

Intellectual Property Rights and Confidentiality

Contained in the Service are elements (“intellectual property,” or “IP”) which, for the purposes of this Agreement, may contain or be defined as: information, data, ideas, works of authorship, computer software, source code, object code, executable code, software libraries, documentation, databases, database designs, data dictionaries, data models, fields, records, scripts, texts, interfaces, interface designs, screen displays, Web Sites, web pages, Links, visual works, graphic images, audio, video, compilations, formulas, methodologies, techniques, processes, procedures, adaptations, derivative works, computers, hardware, peripherals, components, networks, product lists, supplier lists and customer lists.
We are the sole owner of intellectual property contained in the Service and all supporting websites. All affiliated editorial content and graphics are protected by U.S. copyright laws and international treaties and may not be copied without our express written permission.
By using the Service you acknowledge and agree our IP is a trade secret, and that:

• We derive independent economic value (actual or potential) from this IP not being generally known (or readily ascertainable through proper means) to others who might also obtain economic value from its disclosure or use; and
• We make reasonable efforts under the circumstances to maintain the secrecy of this IP.

As a result, you agree to hold our IP in strict confidence and shall not access or disclose it to others except as permitted in this Agreement.
Improved Experience, the Improved Experience logo, and other related product logos and names are trademarks of Improved Experience LLC. You agree not to display or use these trademarks in any manner without our prior, written permission.
We are committed to the privacy of our users, and will never sell, rent or lease your email address, which we consider confidential information, to any third party.

Non-Confidentiality of Information

In the course of using the Service, you may post or submit opinions, open text responses, and/or other information to the Service, which may or may not be visible to others (see our Privacy Policy to learn more about information collected on this website). With the exception of email addresses, passwords and ordering information, you agree that such information is deemed non-confidential.
You understand that by disclosing non-confidential information to the Service, you are granting to us irrevocable, worldwide, perpetual, nonexclusive license to access, use, reproduce, modify, adapt, release, perform, display, distribute, sell and disclose such information, in whole or in part, in any manner and for any purpose whatsoever, and to have and authorize others to do so. You represent and warrant that you possess the necessary rights, titles and interests to grant us the foregoing license, and that this license is free and clear of any encumbrances, third party interests and restrictions.
Without limitation of the terms and conditions set forth in our Privacy Policy, you understand and agree that we may disclose personally identifiable information if required to do so by law or in the good faith belief that such disclosure is reasonably necessary to comply with legal process, enforce this User Agreement, or protect the rights, property, or safety of Improved Experience, its users, and the public.

Termination of Service

Although we hope that you’ll choose to enjoy our Services indefinitely, there are certain events, activities or behaviors that we consider cause for termination of Services. Without limiting the previous statement, here are several reasons why your account with us may be terminated:

• Breaches or violations of this User Agreement or other incorporated agreements or guidelines;Requests by law enforcement or other government agencies;
• A request by you to cancel or delete the account; and
• Unexpected technical issues or problems.

In the event that technical issues cause termination of an account, we are committed to making every reasonable, commercial effort to reinstate service to you as quickly as possible.
Please understand that although we rarely, if ever, invoke it, we do retain the right to terminate your access to the Service without notice. Under certain circumstances, termination of access to the Service may bar you from using the Service again in the future. All terminations shall be made at our sole discretion, and you agree that we shall not be liable to you nor any third-party for any termination of your access to the Service.

International Use

Recognizing the global nature of the Internet, we acknowledge the variance in laws governing conduct, content, and the transmission of technical data from the United States or the country in which you reside. You agree to comply with these rules and laws as they apply to you.

Fees

Completing surveys is free. Certain other services are provided for free only to beta users. Subscription prices are contained in your Subscription Agreement, or may be obtained by contacting sales@improvedexperience.com. We reserve the right to charge for the Service or any portion thereof, and may modify the pricing of, add to, or discontinue the Service or any portion thereof without prior notice.

Disclaimers and Limitations of Warranties

YOU ASSUME ALL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SERVICE. THE SERVICE AND INFORMATION PROVIDED ON IT ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ALL IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, ALL IMPLIED WARRANTIES OF MERCHANTABILITY AND WARRANTIES OF NON-INFRINGEMENT OF THIRD PARTY RIGHTS IN CONNECTION WITH THE SERVICE, AND PRODUCTS AND SERVICES OFFERED THROUGH IMPROVED EXPERINECE.
We do not assume any legal liability or responsibility for the accuracy, completeness or usefulness of any information used or disclosed on the Service or that the quality of the Service will meet your expectations. In no event shall we be liable for any indirect, punitive, incidental, special or consequential damages arising out of or in any way connected with your use of the Service, or with a delay or inability to use it, or in the unlikely event that you experience total or partial loss or corruption of data. Some states or jurisdictions do not allow for a limitation on incidental damages and thus the above limitation may not apply to you. If this limitation of liability or the exclusion of warranty set forth above is held inapplicable or unenforceable for any reason, our maximum liability for any type of damages shall be limited to $100.
YOUR SOLE REMEDY FOR ANY REASON AND FOR ANY CAUSE OF ACTION WHATSOEVER IN CONNECTION WITH THIS AGREEMENT, THE SERVICE, AND PRODUCTS AND SERVICES OFFERED THROUGH IMPROVED EXPERIENCE, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT OR IN TORT, INCLUDING NEGLIGENCE, SHALL BE MODIFICATION OF THE SERVICE, AS DETERMINED BY IMPROVED EXPERIENCE, LLC.

Miscellaneous

You agree that no joint venture, partnership, employment or agency relationship exists between you and Improved Experience as a result of the Agreement and your use of the Service.
This Agreement shall be governed by applicable Florida and federal laws, and you hereby give consent to have any action or dispute between yourself and Improved Experience resolved exclusively within the jurisdiction of the state and federal courts located in the state of Florida.
The section titles of this User Agreement are displayed for convenience only and have no legal effect. Please send any questions or comments, or report violations of the User Agreement to:

Improved Experience LLC
Attn: User Agreement Issues
1836 NW 97th Avenue
Plantation, FL  33322
Entire Agreement

This User Agreement constitutes the entire agreement between you as an individual and Improved Experience LLC, and it supercedes any prior agreements between us.