About Software Advice

Welcome to Software Advice, a website operated by RiverGuide, Inc ("RiverGuide"). To use Software Advice, or Software Advice's services or to license or purchase any of our participating vendors' ("Vendors") products and services, you must agree to these Terms of Use, so please read them carefully.  When you visit Software Advice or any of our Vendors' websites, you are subject to both these Terms of Use and any other Terms of Use and guidelines applicable to our Vendors' websites.

1. PRIVACY. Please review our Privacy Policy, which also governs your visit to Software Advice and the information we may collect from you.

2. ELECTRONIC COMMUNICATION. When you visit or send e-mails to us you are communicating with us electronically. By communicating with us via e-mail, you consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on Software Advice. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing and/or that they be sent to the recipient's last known address.

3. COPYRIGHT. All page on Software Advice, including but not limited, text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, software, and the compilation of any of the foregoing, is the property of Software Advice, our licensors, or our Vendors and is protected by United States and international copyright laws. Any reproduction of the expression of the ideas thereon (regardless of the form or media and whether by download or otherwise), in the absence of our express, written consent, is prohibited.

4. TRADEMARKS. Software Advice and other marks on Software Advice are proprietary and are common law, pending, or registered trademarks of RiverGuide or its Vendors. You may not use any meta tags or any other "hidden text" utilizing Software Advice's name or trademarks without the express written consent of RiverGuide.

5. LIMITED LICENSE AND PROHIBITED ACTIVITIES. You have a limited right and license to access Software Advice for your own specific business or personal use. You may not modify any page on Software Advice. This limited license strictly prohibits any resale or commercial use of any page on Software Advice, including any collection or use of any product listings, descriptions, or prices; any derivative use of Software Advice page; any downloading or copying of account information; and any use of data mining, robots, or similar data gathering and extraction tools. You may not reproduce, duplicate, copy, sell, resell, or otherwise exploit any page on Software Advice for any commercial purpose without the express written consent of Software Advice. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Software Advice or our Vendors without our express written consent. Any unauthorized use terminates the permission or license granted by RiverGuide and may result in termination of your access to and use of Software Advice.

6. YOUR ACCOUNT. As discussed further in our Privacy Policy, by using Software Advice, you agree that you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password.

7. YOUR REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER page. Where the capability is offered, you may post reviews, comments, other page; send e-cards and other communications; and submit suggestions, ideas, comments, questions, or other information, so long as none of the foregoing is illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property or other rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political propaganda or campaign materials, commercial solicitation, chain letters, mass mailings, or any form of "spam." You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of any kind of communication, page, or other information. RiverGuide reserves the right (but not the obligation) to remove or edit such page, but does not regularly review posted page and assumes no obligation to do so. If you do post page or submit material, you grant RiverGuide and its Vendors a nonexclusive, royalty-free to use, modify and publish such page. You grant RiverGuide and its Vendors the right to use the name that you submit in connection with such page, if we or they choose. By submitting any page to Software Advice, you represent and warrant that you own or otherwise control all of the rights to the page that you post; that the page is accurate; that use of the page you supply does not violate these Terms of Use and will not cause injury to any person or entity; and that you will indemnify RiverGuide and its Vendors for all claims resulting from page you supply. RiverGuide has the right, but not the obligation, to monitor and edit or remove any activity or page. RiverGuide takes no responsibility and assumes no liability for any page posted by you or any third party.

8. COPYRIGHT COMPLAINTS. RiverGuide respects the intellectual property rights of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please refer to RiverGuide for instructions on how to make a claim of Copyright Infringement.

9. RISK OF LOSS. Any products or service that you license, purchase, or otherwise acquire from or through Software Advice are made pursuant to your contract with the particular Vendor from whom your license, purchase, lease, or otherwise acquire the products or service. RiverGuide takes no responsibility and assumes no liability for any product or service that you license, purchase, or otherwise acquire from a Vendor at or through Software Advice. Any remedy you may have is exclusively against the Vendor from whom you licensed, purchased, or otherwise acquired any product or service.

10. PRODUCT DESCRIPTIONS. Software Advice and its Vendors attempt to be as accurate as possible when describing Vendor products. Software Advice, however, makes no representations or warranties that the product descriptions or any other page on Software Advice is accurate, complete, reliable, current, or error-free.

11. VENDOR WEBSITES. RiverGuide's Vendors license and sell products and services on or through Software Advice. Software Advice may provide links to Vendors' websites. RiverGuide is not responsible for examining or evaluating, and does not warrant the products or services of, any Vendor or the page of their websites. RiverGuide does not assume any responsibility or liability for the actions, products, or services of such Vendors or the page of their Websites. You should carefully review all Vendors' privacy statements and other conditions of use on their websites before you license, lease, purchase, or otherwise acquire any product or service.

12. DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY.

Software Advice IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. RiverGuide MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS WEBSITE OR THE INFORMATION, page, MATERIALS, OR PRODUCTS INCLUDED ON OR DESCRIBED IN THIS WEBSITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS WEBSITE IS AT YOUR SOLE RISK.

TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, RiverGuide DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. RiverGuide DOES NOT WARRANT THAT THIS WEBSITE, ITS SERVERS, OR E-MAIL SENT FROM Software Advice ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. RiverGuide WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS WEBSITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES.

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS. IN THIS REGARD, YOU REPRESENT AND WARRANT THAT YOUR USE OF THIS WEBSITE IS STRICTLY FOR BUSINESS PURPOSES AND NOT FOR ANY PERSONAL, FAMILY, OR HOUSEHOLD PURPOSE.

13. APPLICABLE LAW. By visiting Software Advice and/or by consenting to these Terms of Use, you agree that the laws of the state of Texas, without regard to principles of conflict of laws, will govern these Terms of Use and any dispute of any sort that might arise between you and RiverGuide or our Vendors.

14. DISPUTES. Any dispute relating in any way to your visit to Software Advice or to products you license or purchase through Software Advice (where RiverGuide, Inc. is named as a party) shall be submitted to arbitration in Travis County, Texas, pursuant to the commercial arbitration rules of and under the auspices of the American Arbitration Association. Notwithstanding the foregoing, if you have in any manner violated or threatened to violate RiverGuide's intellectual property rights, RiverGuide may seek injunctive or other appropriate relief in any state or federal court in the state of Texas, and you consent to exclusive jurisdiction and venue in such courts. The arbitration award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under these Terms of Use shall be joined to an arbitration involving any other party subject to these Terms of Use, whether through class arbitration proceedings or otherwise.

15. WEBSITE POLICIES, MODIFICATION, AND SEVERABILITY. Please review our other policies, such as our Privacy Policy, posted at www.softwareadvice.com. These policies also govern your visit to Software Advice. We reserve the right to make changes to our Website and to amend and/or modify our policies and/or these Terms of Use at any time. You consent to and agree that such changes or modifications will be applicable to and binding upon you for any visits you make to this Website after the such modifications and/or amendments have been posted.  You are encouraged periodically to review this Website, our policies, and these Terms of Use for any changes, modifications, or amendments. If you do not wish to be bound by such changes, modifications, or amendments, you must cease visiting this Website and must notify us that you have rejected the applicability of such changes, modifications, or amendments. If any of these Terms of Use shall be deemed invalid, void, or for any reason unenforceable, that term shall be deemed severable and shall not affect the validity and enforceability of any remaining term or provision of these Terms of Use.

16. OUR ADDRESS.
RiverGuide, Inc.
c/o Don Fornes
714 Congress Avenue, Suite 200
Austin, TX 78701

Updated and New Effective Date: December 23^rd, 2009

www.softwareadvice.com("Website") is owned and operated by RiverGuide, Inc. ("RiverGuide"). RiverGuide has implemented this privacy policy to explain to you how we use and protect personal information we may gather from you by means of this Website ("Privacy Policy"). Any information that you voluntarily furnish to RiverGuide on this Website will be treated in accordance with this Privacy Policy.

SO THAT WE MAY ASSIST YOU WITH YOUR SOFTWARE LICENSING/PURCHASE INQUIRY, PLEASE BE ADVISED THAT RiverGuide WILL FURNISH THE INFORMATION YOU SUBMIT ON THIS Website TO OUR PARTICIPATING SOFTWARE VENDORS SO THAT THEY MAY CONTACT YOU ABOUT THEIR PRODUCTS, SERVICES, OFFERS, AND PROMOTIONS.

RiverGuide may gather information about you from this Website and from other sources, such as information you provide to our affiliated companies, including parent and subsidiary companies, affiliated Websites or any entity directly or indirectly controlling, controlled by or under common control with said entity ("Affiliates").

As a general rule, you will not be required to provide personally identifiable information as a condition of browsing this Website. When such information is gathered, we will gather the necessary information from you necessary to facilitate transactions requested by you, to improve this Website and your experience with this Website, and to make future visits to this Website easier and more personalized for you.

WHAT INFORMATION IS COLLECTED AND HOW COLLECTED INFORMATION IS USED

Users of this Website may browse without being obligated to submit any personal information; however, we may collect certain personally identifiable information from you in certain areas of our Website for certain purposes. These purposes include:

• providing your information to the vendor(s) of the software product(s) which you express an interest in purchasing or licensing so that we can initiate contact and establish communication between you and such vendor(s);
• conducting other transactions offered by RiverGuide that you may request;
• servicing your account with us and responding to your questions;
• providing RiverGuide's newsletter to you via email;
• assisting us in providing better products and services (for example, we may contact you to assist us in evaluating the performance of our staff, to assess the quality of product and service received and to help us improve our Website and our facilities and services); and,
• compiling statistics and analyses about users' use of our Website, products and services, which statistics are used to enable us to provide better service and products to you and others in the future.

Information we collect:

• names
• physical addresses
• telephone numbers
• e-mail addresses
• information regarding your software requirements
• all other personally identifiable information you affirmatively provide to us.

Failing to provide information that is required to complete certain transactions will not inhibit your ability to browse the Website, but it may prevent you from being able to complete certain transactions and/or prevent us from putting you in contact with the appropriate software vendor(s).

The general categories of information we gather include:

Personal User Information

We may also require that you supply your name, physical address, telephone number, e-mail address or other personally identifiable information in order to facilitate certain transactions. We may also require additional personal information to provide specific services to you.

Anonymous User Information

Certain non-personal, anonymous information may be automatically provided to our Web servers by your computer. Additionally, certain other information (such as cookies, described below) may be transmitted by our Web server to your computer. That information does not contain any personally identifiable information. Specific types of anonymous information are described below:

IP Addresses

For each visitor to our Website, whenever possible, our Web server automatically recognizes the visitor's domain name or IP address. An IP address is a number assigned to your computer when you connect to the Internet. As part of the protocol of the Internet, Web servers can identify your computer by its IP address. In addition, Web servers may be able to identify the type of browser you are using or even the type of computer.

We collect IP addresses and related information for the purposes of system administration, to assess the traffic to our Website and to maintain and improve our Website. Although it is not our practice to link IP addresses to your personally identifiable information, we reserve the right to use IP addresses to identify a user when we feel it is necessary to protect the compelling interest of our Website, users of our Website or others or to comply with laws, court orders, or law enforcement requests.

Use of Cookies

Cookies are short strings of text sent from a Web server to a Web browser when the browser accesses a Website. In simplest terms, when the browser requests a page from the Web server that originally sent it the cookie, the browser sends a copy of the cookie back to that Web server. A cookie typically contains, among other things, the name of the cookie, a unique identification number, and an expiration date and domain name information. Cookies are used for personalization, tracking and other purposes. Cookies may be "session-only" or "persistent." Persistent cookies last for more than one visit and are typically used to allow a visitor to our Website to personalize their experience.

We may use cookies to analyze the traffic on our Website (such as total visitors and pages viewed), to personalize features or save you the trouble of retyping your name or other information, and to make improvements to the Website based on the data we collect. We do not save passwords or other sensitive information in cookies. The use of cookies has become a standard in the Internet industry, especially at websites that provide any kind of personalized service.

Cookies may also be placed by third parties prior to or during your visit to the Website. Our Affiliates and business partners may use these cookies in connection with pixel tracking (discussed below) or otherwise. We do not control these cookies. The use of cookies by content providers and advertisers has become standard practice in the Internet industry.

Pixel Tracking

RiverGuide may employ a common technique usually referred to as "pixel tracking" to measure the effectiveness of marketing and advertisements, as well as compile aggregate usage statistics. Pixel tracking, which may be used in connection with advertisements on other sites, on our Website or in e-mail messages, involves the use of pixel tags (also known as "clear gifs," "Web beacons" or "1-by-1 gifs") that are not visible to the user of the site and consist of a few lines of computer coding. For example, if you visit our Website from an advertisement on another site, the pixel tag will reference the cookie you received when you clicked on the advertisement. The pixel tag also may register this activity with a business partner to allow us to count the number of times or when an advertisement is accessed. This data is collected for use in our marketing and research. Personally identifiable information about you is not collected by pixel tracking, nor is any tracking information generated from the pixel tag allowed to be used for any other purpose other than to report Website activity to us.

Other Information

We may also request other personally identifiable information from you, or you may affirmatively provide us with information. As a general matter, we try to limit the information we gather to the minimum information we need to perform the applicable services and to improve your experience on our Website. If you send an e-mail to our Website or otherwise affirmatively provide us with information beyond what we request, we will treat such information as having your consent to collect, retain and use the information for purposes reasonably associated with the purpose for which you provided the information. For example, we may retain a copy of the e-mail and any personally identifiable information you may have supplied in the e-mail with respect to a user service question to help us evaluate our service, train our employees and provide better service to our users.

If you use a bulletin board or blog on this website, you should be aware that any personally identifiable information you submit there can be read, collected, or used by other users of these forums, and could be used to send you unsolicited messages. We are not responsible for the personally identifiable information that you choose to submit in these forums.

WHO IS COLLECTING THIS INFORMATION

We collect the user information described above by means of your use of this Website and the features of this Website. For example, information is collected in connection with online transactions, with the registration of users, and with the provision of information and/or services.

Data collected online may also be combined or merged with information you provide to us by means other than this Website as part of the standard business operations of RiverGuide and its Affiliates; provided, however, this Privacy Policy applies only to data collected on-line. If the same information about you is gathered from this Website and also from other sources with different privacy policies, RiverGuide may elect, in its sole discretion, to treat such information in accordance with the privacy policy that least restricts our use and disclosure of such information.

During the time you are using our Website, you may be linked or directed to other third party sites outside our Website that are beyond our control. For example, you might click on a hyperlink that will take you off our Website. Third party Websites may have a privacy policy different from our Privacy Policy. You should review the applicable privacy policies of all other Websites before providing personally identifiable information in connection with such sites. We are not responsible for any actions or privacy policies of such third parties. In addition, third parties who assist us with pixel tracking may collect a limited amount of information to help us measure the effectiveness of ads, usually by placing cookies on your hard drive.

WITH WHOM MAY THE INFORMATION BE SHARED

PLEASE BE ADVISED THAT RiverGuide MAY PROVIDE CERTAIN INFORMATION YOU SUBMIT ON THIS WEBSITE TO THIRD PARTIES, INCLUDING YOUR NAME, ADDRESS, PHONE NUMBER, EMAIL ADDRESS SO THAT THEY MAY CONTACT YOU ABOUT THEIR OWN OR OTHERS' PRODUCTS, SERVICES, OFFERS AND PROMOTIONS.

Additionally, you may authorize us to share your e-mail address with our Affiliates business partners, and third parties, including vendors whose products are profiled on the Website. If you opt-in and/or receive an e-mail opt-in confirmation, our Affiliates and business partners and third parties may contact you via e-mail, U.S. post, and/or telephone with a variety of special promotions, offers, or other information that may be of interest to you.

RiverGuide may share personally identifiable information with its Affiliates and business partners necessary to complete transactions as part of its standard business operations and to assist us in offering products or services to you.

First, we may disclose user information in special cases when we have reason to believe that disclosing this information is necessary to identify, contact, or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) our rights or property, users of our Website, or anyone else who could be harmed by such activities. Second, we may disclose user information when we believe in good faith that such disclosure is required by applicable law.

LEGAL DISCLAIMER

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 comply with a judicial proceeding, court order, or legal process served on our Web site.

TESTIMONIALS

We post customer testimonials on our web site which may contain personally identifiable information such as the customer's name. If you want to remove your personal information that is being displayed on our website under public pages please send your request to privacy@softwareadvice.com.

CHILDREN'S PRIVACY

RiverGuide does not solicit personal information from children. We abide by the United States Children's Online Privacy Protection Act and will not knowingly collect personally identifiable information from children under age 13. We recommend that parents actively participate in their children's use of the Internet.

CHOICES YOU CAN MAKE ABOUT YOUR INFORMATION

We will give you an opportunity to opt-out of the gathering of your personally identifiable information, specific uses of your personally identifiable information, and any marketing promotions in accordance with the procedures set out in the section below, "Correcting and Changing Your Information." In addition, you may opt-out of receiving any further email from RiverGuide by clicking on the "unsubscribe" button in any RiverGuide email. By adjusting the settings in your browser, you can refuse to accept cookies or give yourself the opportunity to accept or reject cookies, or receive notice of cookies. Software programs are available that block cookies. Refusing cookies may impinge or block altogether your user experience on our Website by eliminating personalization or other features.

CORRECTING OR CHANGING YOUR INFORMATION

If you wish to amend, correct, update, delete or opt-out of any information to which you have previously opted-in or wish to review information we have collected about you, please contact RiverGuide via e-mail at privacy@softwareadvice.com, and we will attend to your request and make any necessary revisions.

This provision applies only to personally identifiable information collected via our Website and not to: (i) information that is furnished to or otherwise acquired by us by other means, as set forth in this Privacy Policy; (ii) non-personally identifiable information that may be gathered by cookies or from IP addresses or (iii) aggregate information. We reserve the right not to allow access to your information if we believe in good faith that such disclosure is prohibited by law or if the rights of another individual might be violated.

SECURITY PROCEDURES

We are concerned with the security of your personally identifiable information and try to provide secure transmission of your information from your PC to our servers. For certain transactions on certain of our Websites, we may use Secured Sockets Layer (SSL) technology to secure the transfer of information. Unfortunately, no data transmission over the Internet can be guaranteed to be absolutely secure. As a result, while we strive to protect your personal information, we cannot guarantee the security of any information transmitted over the Internet.

If you have a user name and password for any of the features on our Website, you have the responsibility of keeping your password secret. You should not reveal your password to anyone. We will not ask you in an unsolicited telephone call or e-mail for your password. In addition, you should take reasonable precautions when using a computer that is not your own or in a public setting.

CHANGES IN THIS PRIVACY STATEMENT

If we decide to change our privacy policy, we will post those changes to this privacy statement and the home page so that you are aware of what information we collect, how we use it, and under what circumstances, if any, we disclose it. 

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 by email or by means of a prominent notice on our home page.

CONTACTING RiverGuide

If you have any specific questions regarding any issues about privacy on our Website, please contact RiverGuide at 714 Congress Avenue Suite 200, Austin, TX 78701 or via email privacy@softwareadvice.com, and we will attend to your request and make any necessary revisions.

APPLICABLE LAW

Our collection and use of information shall be governed by laws of the United States.

CONSENT

By using our Website and providing personally identifiable information about yourself, you are consenting to (and hereby consent to) (1) our collection, use, and sharing of data as described in this Privacy Policy; (2) the notice, choice, access, and security we are providing, as described above; and (3) the methods we have described to notify you of changes to this Privacy Policy.