4. TRADEMARKS. The name "Software Advice", and any and all logos and designs connected thereto or associated therewith, and the names and logos of our Vendors ("Trademarks") are the exclusive property of Software Advice and/or the Vendors or Advisors and are protected by federal and state law. You may not use the Trademarks in any way, including, but not limited to, use as meta tags or any other "hidden text", without the express written consent of Software Advice or the applicable Advisor or Vendor.
5. LIMITED LICENSE AND PROHIBITED ACTIVITIES. You have a limited right and license to access the Website for your own specific business or personal use. You may not modify any page on the Website. This limited license strictly prohibits any resale or commercial use of any page on the Website, including any collection or use of any product listings, descriptions, or prices; any derivative use of the Website or any page thereon or associated therewith; 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 the Website 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 the Website or our Vendors without our express written consent. Any unauthorized use terminates the permission or license granted by Software Advice and may result in termination of your access to and use of the Website.
In addition, you represent and warrant that any and all information you post or otherwise provide to Software Advice by means of the Website, including, without limitation, as part of any registration or application or to gain access to any Services, is true, accurate, not misleading, and offered in good faith. Any information disclosed to you via the Services may be used only for its intended purpose. Software Advice expects that you will exercise caution, good sense and proper judgment in using the Services. You can be held liable for any illegal or prohibited content that you provide to Software Advice or to other users, including, for example, infringing, defamatory, or offensive materials. You may not, and hereby represent and warrant that you will not, post, transmit, e-mail, or otherwise make accessible on or through the Website content that:
In addition, you may not, in connection with the Website:
8. COPYRIGHT COMPLAINTS. Software Advice respects the intellectual property rights of others. If you believe that your work has been copied or used in a way that constitutes copyright infringement, you may notify our designated agent by clicking here and following the posted instructions. [See Notice and Procedure for Making Claims of Copyright Infringement Addendum, here].
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 you license, purchase, lease, or otherwise acquire the products or service. Software Advice 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 this Website and/or 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 AND SERVICE DESCRIPTIONS. Software Advice and its Vendors attempt to be as accurate as possible when describing any Services and/or Vendor products. Software Advice, however, makes no representations or warranties that the Service and/or product descriptions or any other content on this Website is accurate, complete, reliable, current, or error-free.
11. VENDOR WEBSITES. Software Advice's Vendors license and sell products and services on or through Software Advice or the Website. Software Advice may provide links to Vendors' websites. Software Advice is not responsible for examining or evaluating, and does not warrant the products or services of, any Vendor or the page of their websites. Software Advice 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.
16. OUR ADDRESS.
Software Advice, Inc.
c/o Don Fornes
200 Academy Drive, Suite 120
Austin, TX 78704
BY USING OR ACCESSING THIS SITE, YOU AGREE TO BE BOUND LEGALLY BY ALL OF THE FOREGOING TERMS AND CONDITIONS.
REVIEW PROMOTION ADDENDUM
2. SPONSOR. Software Advice, a subsidiary of Gartner, Inc., located at 200 Academy Drive, Austin, Texas 78704 is the sponsor of the Promotion (“Sponsor”). Sponsor reserves the right at its discretion and at any time to add to, delete from and/or modify these Terms & Conditions and to terminate the Promotion. Sponsor shall serve as the sole adjudicator of all disputes relating to the Promotion; and all Sponsor’s decisions in this respect are final.
3. RULES OF PLAY. Users may participate in the Promotion by submitting a review or referring a colleague to submit a review of a software product. Reviews must not violate any of the Guidelines for Submitting Reviews and be published to the Website in order to be eligible for the incentive reward (“Reward”).
4. REWARDS. Gift card Rewards will be delivered to users within five (5) business days of the end of the Promotion. Where necessary, Sponsor reserves the right at its discretion to substitute a Reward with another of equal or greater value. Rewards will be delivered electronically to the email address provided the User. No Reward transfer, assignment or substitution by User is permitted. All applicable federal, state and local taxes, fees and surcharges on Rewards are the sole responsibility of the User.
5. LIMITATION OF LIABILITY. (a) Sponsor reserves the right at its sole discretion to cancel, terminate, modify or suspend the Promotion without penalty.
(b) By participating in the Promotion, User releases Sponsor from and against any and all liability with respect to or in any way arising from the Promotion and/or the Rewards. Sponsor assumes no responsibility for any error, omission, interruption, deletion, defect, or delay in operation or transmission, communications line failure, theft or destruction of or unauthorized access to the Promotion and/or the Rewards.
6. GOVERNING LAW. The Software Advice Review Promotion, including all issues arising therefrom, is governed by the laws of the state of Texas, without regard to the conflicts of law provisions.
All questions about the Software Advice Review Promotion may be directed to firstname.lastname@example.org.
Updated: December 2014.