This service is operated by Real-Time Data Solutions, LLC. ON THE SPOT® and SURVEY ON THE SPOT® are registered trademarks of On The Spot Systems, Inc. and used by Real-Time Data Solutions, LLC under license. All other trademarks, service marks, domain names, logos, company names and product names referred to on this site or mobile device are either trademarks, registered trademarks, service marks, domain names, logos, company names or product names of their respective owners.
The software and/or services on the ON THE SPOT web site (www.onthespotsystems.com) and the related family of web sites, including the SURVEY ON THE SPOT web site (www.surveyonthespot.com), mobile web site, and apps are subject to copyright laws, patent laws and other intellectual property laws.
Apple, the Apple logo, and iPod touch are trademarks of Apple Inc., registered in the U.S. and other countries. iPhone is a trademark of Apple Inc. App Store is a service mark of Apple Inc.
For purposes of this agreement, the terms "ON THE SPOT" and "SURVEY ON THE SPOT" are used interchangably and refers to the software and/or services (the "Service") provided by Real-Time Data Solutions, LLC are under license from On The Spot Systems, Inc. including the ONTHESPOTSYSTEMS.COM and SURVEYONTHESPOT.COM web sites. In some cases, ON THE SPOT is neither endorsed by nor affiliated with the company that is the subject of a survey, and the company we're inquiring about may not have commissioned it.
This Agreement is a legal agreement between the User and Real-Time Data Solutions, LLC for the ON THE SPOT Software Application Services you use or subscribe to. These Software Application Services include computer software, data storage mechanisms, databases and related designs, printed materials, and online or electronic documentation (Software Application Services, Application Services, or Software). By using the Software Application Services, you agree to be bound by the terms of this Customer Agreement. If you do not agree to the terms of this Customer Agreement, you are not authorized to use the Software Application Services.
You agree to pay all applicable charges under this Agreement, including any applicable taxes or charges imposed by any government entity, and that Real-Time Data Solutions, LLC. may change its minimum pricing at any time. User must supply Real-Time Data Solutions, LLC with correct credit card information, and any changes in credit card validity or expiration date must be updated. ON THE SPOT will automatically renew and charge User's account every month, quarter, or year for subscriptions. The renewal charge will be equal to the original subscription price, unless Real-Time Data Solutions, LLC notifies User otherwise in advance. If the credit card cannot be processed for any reason, Real-Time Data Solutions, LLC reserves the right to cancel the Service.
You will receive a password and account designation upon completing the Service's registration process. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify Real-Time Data Solutions, LLC of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. Real-Time Data Solutions, LLC cannot and will not be liable for any loss or damage arising from your failure to comply with this Section.
You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. This means that you, and not Real-Time Data Solutions, LLC, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via the Service. Real-Time Data Solutions, LLC does not control the Content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Service, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will Real-Time Data Solutions, LLC be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Service.
You agree to not use the Service to:
Real-Time Data Solutions, LLC reserves the right to refuse any or all service to any User for any reason, at any time, at Real-Time Data Solutions, LLC's sole discretion. User agrees that Real-Time Data Solutions, LLC may block its IP address or addresses at any time, and at Real-Time Data Solutions, LLC's sole discretion, thereby disallowing User's continued use of Real-Time Data Solutions, LLC's web site.
Both User and Real-Time Data Solutions, LLC will comply with all applicable federal, state and local laws, regulations and common carrier communication tariffs, including, without limitation, all laws and regulations regarding data privacy and communications For example, the parties will comply with the CAN-SPAM Act of 2003 ("CAN-SPAM"), the Children's Online Privacy Protection Act of 1998 ("COPPA") and applicable state laws and regulations, each as may be or have been amended.
You also agree not to intentionally or unintentionally violate any applicable local, state, national, or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange, or the NASDAQ, and any regulations having the force of law.
Although Real-Time Data Solutions, LLC has no obligation to review the content provided by you or your use of the Data Collection and Survey Tool, Real-Time Data Solutions, LLC may do so and may block any email messages and or terminate any use of the Survey Tool that Real-Time Data Solutions, LLC believes may be (or is alleged to be) in violation of the foregoing.
You also agree not to upload survey links to message boards or newsgroups without express permission.
Email and Prohibited Content
Email messages sent in connection with the Data Collection and Survey Tool must contain an "unsubscribe" link that allows subscribers to remove themselves from your email messages. You acknowledge and agree that you will not hide, disable, or remove or attempt to hide, disable, or remove the opt-out link from the email invitation. You will actively manage and process unsubscribe requests received by you directly within ten days of submission, and update your email lists and address books to reflect the unsubscribe requests. You are responsible for ensuring that during use of the Data Collection and Survey Tool your email messages do not generate a number of spam complaints in excess of industry standards. If Real-Time Data Solutions, LLC determines that your level of spam complaints is higher than industry standards, Real-Time Data Solutions, LLC, at its sole discretion, has the right to terminate your use of its Survey Tool.
Real-Time Data Solutions, LLCt has a zero-tolerance spam policy. Subscriber accounts will be terminated for sending unsolicited email messages. This means that all recipients sent to must have opted in to receiving communications from you, the sender.
You can only use ON THE SPOT to send emails to lists of people that gave you permission to email them. If you don't have proof that each recipient on your list opted in for your emails, don't import them into ON THE SPOT.
Any opt-out mechanism you offer must be able to process opt-out requests for at least thirty days after you send your commercial email. When you receive an opt-out request, the law gives you ten business days to stop sending email to the requestor's email address. You cannot help another entity send email to that address, or have another entity send email on your behalf to that address. Finally, it's illegal for you to sell or transfer the email addresses of people who choose not to receive your email, even in the form of a mailing list, unless you transfer the addresses so another entity can comply with the law.
If you suspect that
ON THE SPOT has been used to send spam, please contact us immediately at firstname.lastname@example.org and we will investigate accordingly.
Real-Time Data Solutions, LLC reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that Real-Time Data Solutions, LLC shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
You agree that Real-Time Data Solutions, LLC has no responsibility or liability for the deletion or failure to store any survey data or other Content maintained or transmitted by the Service. You acknowledge that Real-Time Data Solutions, LLC reserves the right to delete accounts that are inactive for an extended period of time. You further acknowledge that Real-Time Data Solutions, LLC reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.
7.1 Restrictions. During the Term ON THE SPOT will not use or disclose the Survey Data for a purpose competitive with a User. Real-Time Data Solutions, LLC will take reasonable steps to protect the Survey Data from unauthorized disclosure. Real-Time Data Solutions, LLC wil not sell, distribute, or otherwise share Survey Data with any third parties except vendors and contractors engaged by Real-Time Data Solutions, LLC to provide the Services.
7.2 Aggregated Data. Notwithstanding the foregoing, Real-Time Data Solutions, LLC may use, store and distribute the results from a survey in an aggregated form for comparative or marketing purposes. Real-Time Data Solutions, LLC will not disclose any aggregated Survey Data that could identify the User or a Consumer. These restrictions will not apply to information Real-Time Data Solutions, LLC obtains about a Consumer in connection with its delivery of services to another User or through means unrelated to the services provided to User hereunder.
7.3 Requested information. You agree that you will not collect any of the following data elements that relate to a person using ON THE SPOT: (a) Social Security number; (b) driver's license number or state-issued identification card number; (c) passport or national identification number; (d) financial account number, or credit or debit card number; or (e) protected health information ("PHI").
The Software Application Services are protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The Software Application Services are licensed, not sold.
All title and copyrights in and to the Software are owned by Real-Time Data Solutions, LLC or its suppliers. All title and intellectual property rights in and to the content which may be accessed through use of the Software Application Services is the property of the respective content owner and also may be protected by applicable copyright or other intellectual property laws and treaties.
Real-Time Data Solutions, LLC makes no claims or representations about any Web Site not under Real-Time Data Solutions, LLC's control that a User may access from ONTHESPOTSYSTEMS.com's web site-- by link, frame, or any other means ("Linked Site"). Any link, frame, or any other means to access any Linked Site provided by ONTHESPOTSYSTEMS.com (and related sites) or otherwise on ONTHESPOTSYSTEMS.com's web site does not constitute Real-Time Data Solutions, LLC's endorsement, recommendation, or acceptance of any responsibility for the content of that Linked Site or the operators of that Linked Site.
Real-Time Data Solutions, LLC may display the "User's" business name and logo on the Real-Time Data Solutions, LLC’s websites, on case studies and other marketing materials subject to "Users" trademark usage standard guidelines during the term of this Agreement and for a period of one (1) year from the expiration date of this Agreement.
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE ONTHESPOTSYSTEMS.COM SITES/SERVICES MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY MADE TO THE ONTHESPOTSYSTEMS.COM SITES/SERVICES AND TO THE INFORMATION THEREIN. Real-Time Data Solutions, LLC AND/OR ITS RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN ONTHESPOTSYSTEMS.COM SITES/SERVICES AT ANY TIME.
Real-Time Data Solutions, LLC AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, LACK OF VIRUSES OR OTHER HARMFUL COMPONENTS AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED WITHIN THE ONTHESPOTSYSTEMS.COM SITES/SERVICES FOR ANY PURPOSE. ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. ONTHESPOTSYSTEMS.COM AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, TITLE AND NON-INFRINGEMENT.
YOU SPECIFICALLY AGREE THAT Real-Time Data Solutions, LLC SHALL NOT BE RESPONSIBLE FOR UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, ANY MATERIAL OR DATA SENT OR RECEIVED OR NOT SENT OR RECEIVED, OR ANY TRANSACTIONS ENTERED INTO THROUGH A ONTHESPOTSYSTEMS.COM SITE/SERVICE. YOU SPECIFICALLY AGREE THAT Real-Time Data Solutions, LLC IS NOT RESPONSIBLE OR LIABLE FOR ANY THREATENING, DEFAMATORY, OBSCENE, OFFENSIVE OR ILLEGAL CONTENT OR CONDUCT OF ANY OTHER PARTY OR ANY INFRINGEMENT OF ANOTHER'S RIGHTS, INCLUDING INTELLECTUAL PROPERTY RIGHTS. YOU SPECIFICALLY AGREE THAT ONTHSPOTSYSTEMS.COM IS NOT RESPONSIBLE FOR ANY CONTENT SENT USING AND/OR INCLUDED IN A ONTHESPOTSYSTEMS.COM SITE/SERVICE BY ANY THIRD PARTY.
You may view some areas of our site for free and register for a free account. We collect information such as your business name, name, address, email and other contact information. We use this information to contact you about the services on our site in which you have expressed interest.
You have the option to provide demographic information (such as income level and gender) to us; we encourage you to submit this information so we can provide you a more personalized experience on our site.
If you purchase a product or service from us, we request certain personally identifiable information from you on our order form. You must provide contact information (such as business name, name, email, phone, and shipping address) and financial information (such as credit card number, expiration date).
We use this information for billing purposes and to fill your orders. If we have trouble processing an order, we will use this information to contact you. We will hold this information in confidence and not share this information with anyone except to process your credit card transactions.
When you register for ON THE SPOT or SURVEY ON THE SPOT, you will receive a short welcome email. If you opt to receive newsletters from us, you will receive a monthly email. As a paid subscriber, you will receive emails regarding your account status and billing.
We will not use the information collected from your surveys in any way, shape, or form. In addition, any other material you provide us (including images, email addresses, etc.) will be held in the strictest confidence.
In addition, we do not collect personally identifiable information about you except when you specifically provide this information on a voluntary basis. We will make every effort to ensure that whatever information you provide will be maintained in a secure environment.
As is true of most Web sites, we gather certain information automatically and store it in log files. This information includes internet protocol (IP) addresses, browser type, internet service provider (ISP), referring/exit pages, operating system, date/time stamp, and clickstream data.
We use this information, which does not identify individual users, to analyze trends, to administer the site, to track users’ movements around the site and to gather demographic information about our user base as a whole.
We do not link this automatically-collected data to personally identifiable information.
Information gathered through cookies also helps us measure use of our website. Cookie data allow us to track usage behavior and compile data that we can use to improve the site. This data will be used in aggregate form; no specific users will be tracked.
Real-Time Data Solutions, LLC reserves the right to perform statistical analyses of user behavior and characteristics. We do this in order to measure interest in and use of the various areas of the website.
ON THE SPOT collects IP addresses for system administration and record keeping. Your IP address is automatically assigned to your computer when you use the World Wide Web. Our servers record incoming IP addresses. The IP addresses are analyzed only in aggregate; no connection is made between you and your computer's IP address. By tracking IP addresses, we can determine which sites refer the most people to ONTHESPOTSYSTEMS.com. (Think of an IP address like your zip code; it tells us in general terms where you're from.)
We will send you strictly service-related announcements on rare occasions when it is necessary to do so. For instance, if our service is temporarily suspended for maintenance, we might send you an email.
Generally, you may not opt-out of these communications, which are not promotional in nature. If you do not wish to receive them, you have the option to deactivate your account.
Based upon the personally identifiable information you provide us, we will send you a welcoming email to verify your username and password. We will also communicate with you in response to your inquiries, to provide the services you request, and to manage your account. We will communicate with you by email or telephone, in accordance with your wishes.
If you wish to subscribe to our newsletter(s), we will use your name and email address to send the newsletter to you. Out of respect for your privacy, we provide you a way to unsubscribe. Please see the “Opting out” section.
We also send survey invitation emails on behalf of our customers. The customer's email list is stored on our system, but is not used by Real-Time Data Solutions, LLC in any other way. The emails sent on our customer's behalf appear to come from the customer's email address.
From time-to-time we may provide you the opportunity to participate in contests or surveys on our site. If you participate, we will request certain personally identifiable information from you. Participation in these surveys or contests is completely voluntary and you therefore have a choice whether or not to disclose this information. The requested information typically includes contact information (such as name and shipping address), and demographic information (such as zip code).
We use this information to notify contest winners and to monitor site traffic or personalize the site (in the case of anonymous information collected in surveys).
We post testimonials from time to time. We always receive permission to post prior to posting.
We use other third parties to provide billing services on our site. When you purchase a service from us, we will share contact and credit card information as necessary for the third party to provide that service.
These third parties are prohibited from using your personally identifiable information for any other purpose including their own marketing purposes.
Upon request, Real-Time Data Solutions, LLC will allow any user to opt out of our monthly newsletter. You can contact us at email@example.com or follow the unsubscribe instructions included in each promotional email sent to you including the newsletter.
This Web site contains links to other sites that are not owned or controlled by Real-Time Data Solutions, LLC. Please be aware that we are not responsible for the privacy practices of such other sites.
We encourage you to be aware when you leave our site and to read the privacy statements of each and every Web site that collects personally identifiable information.
This privacy statement applies only to information collected by this Web site.
If your personally identifiable information changes, or if you no longer desire our service, you may correct, update, delete or deactivate it by making the change on our My Account page or by emailing our Customer Support at: Support@onthespotsystems.com or by contacting us by telephone or postal mail at the contact information listed below. We will respond to any request for access within 30 days.
We reserve the right to disclose your personally identifiable information as required by law and when we believe that disclosure is necessary to protect our rights and/or to comply with a judicial proceeding, court order, or legal process served on our Web site
Real-Time Data Solutions, LLC is aware of your privacy concerns and strives to collect only as much data as is required to make your ON THE SPOT experience as efficient and satisfying as possible, in the most unobtrusive manner as possible.
The security of your personal information is important to us. When you enter sensitive information (such as credit card number and/or social security number) on our registration or order forms, we encrypt that information using secure socket layer technology (SSL).
We follow generally accepted industry standards to protect the personal information submitted to us, both during transmission and once we receive it. No method of transmission over the Internet, or method of electronic storage, is 100% secure, however. Therefore, while we strive to use commercially acceptable means to protect your personal information, we cannot guarantee its absolute security.
If you have any questions about security on our Web site, you can send email us at: Support@onthespotsystems.com
We reserve the right to modify this privacy statement at any time, so please review it frequently. If we make material changes to this policy, we will notify you here, by email, or by means of a prominent notice on our home page.
Mailing Address: Real-Time Data Solutions, LLC
39 Freeman Street, Auburndale, MA 02466