Software Advice Terms of Use
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 Montana, 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 Gallatin County, Montana, 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 Montana, 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
P.O. Box 161896
Big Sky, MT 59716