These General User Terms ("General User Terms" or "User Terms") are entered into and agreed to by Software Advice, a Texas company, and its Affiliates, and all users of the Software Advice Sites and Services ("Sites and Services") as a condition of accessing and using those Sites and Services. Among other things, these General User Terms govern use of the Sites and participation in the Reviews Program.
Users to whom these General User Terms apply may include, without limitation: potential software buyers, software vendors, software reviewers, industry insiders and media relations professionals (each a "User" or "You").
We reserve the right to update or otherwise modify these General User Terms from time to time. You are responsible for checking these General User Terms periodically for changes and updates. Your use of the Sites and Services following such posted changes and updates constitutes acceptance of such changes and updates.
BY ACCESSING AND USING THE SITES AND SERVICES, YOU ATTEST THAT YOU HAVE READ, UNDERSTOOD AND AGREED TO BE LEGALLY BOUND BY THESE GENERAL USER TERMS. IF YOU DO NOT AGREE TO THESE TERMS, THEN YOU SHOULD NOT ACCESS OR USE THE SITES OR SERVICES.
In consideration of the premises set forth above, you the User hereby agree as follows:
For a glossary of definitions used in these General User Terms, please click here.
The Sites and Services are intended solely for Users who are 18 years of age or older. Any access to or use of the Sites or Services by anyone under 18 is expressly prohibited. By accessing or using the Sites or Services you represent and warrant that you are 18 years of age or older.
For guidance on Vendor Accounts, please see the our General Vendor Terms.
By accessing and using our Sites, you acknowledge that you are responsible for your actions and for all Content you post. You represent and warrant, to the best of your knowledge:
At our discretion, we may, but are not obligated to, monitor and terminate User activity on our Sites, and/or edit or remove User Content, which violates or otherwise fails to comply with these General User Terms.
How the Program Works:Our Sites and Services are powered by User-generated Reviews. We encourage those who desire to share their experience regarding a software product, service or vendor to submit reviews on our Site. You acknowledge and agree that we as the website operator are merely providing a platform for these user-generated reviews; and that all such reviews represent the opinions of the reviewers of those products, services or vendors and not those of us. From time to time, we may provide nominal incentives (such as gift cards) to encourage submission of reviews, regardless of whether the content of the review is positive or negative. We provide clear notice on our Sites when a reviewer has been offered a nominal incentive for submitting an honest review. Users may opt to post their review anonymously, but must submit sufficient information for our Quality Assurance team to verify their identity. While a reviewer may choose not to share personal information with the public, their identity is always verified by our Quality Assurance team before we permit their review to be published.
Our Community Guidelines: When participating in our Reviews Program, you (whether a software buyer, vendor or reviewer), acknowledge and agree to adhere to our Community Guidelines. Our Community Guidelines set forth the rules of play for users, reviewers and vendors. This includes the QA process, the guidelines each review must meet and the process for flagging reviews for investigation. As a neutral content platform, we will only remove reviews that, at our discretion, do not meet our guidelines. Our Community Guidelines further outline the protections we put in place to maintain high-quality, trusted reviews, as well as the respective rights of reviewers and vendors.
Our Sites are comprised of Content created by us, our Partners and our Users. This section sets out the ownership and usage rights for each type of Content.
Our IP: Our Sites and all intellectual property rights therein, including without limitation the vendor listings we create from publicly available or licensed Content, our Services and/or our domain names (collectively, "Software Advice IP"), is the property of Software Advice, its Affiliates and/or its authorized licensors, and is protected by U.S. and international copyright, trademark and other intellectual property laws.
We grant to User a worldwide, revocable, royalty-free, non-exclusive license to use, view and download the Software Advice IP for Userâ€™s personal, non-commercial use in accordance with these General User Terms and applicable U.S. and international copyright laws.
Except to the extent otherwise expressly permitted under copyright law, User will not copy, reproduce, modify, use, distribute, display, create derivative works of or otherwise exploit the Software Advice IP without the express written consent of Software Advice or the applicable copyright owner.
USER IP: User certifies that User owns or has secured all necessary intellectual property rights in the Content that User uploads, posts, e-mails, transmits or otherwise makes available to us or on our Sites, including without limitation User Reviews ("User IP"), and User further agrees to be liable for all such User IP.
By posting User IP (including User Reviews) on our Sites or otherwise submitting to User IP to us, User grants to to us, our Affiliates and Partners a perpetual, worldwide, irrevocable, nonexclusive, royalty-free and fully sub-licensable right to use, reproduce, modify, create derivative works of, publicly display, communicate and distribute (either electronically or via other media now known or hereafter devised) the User IP in the ordinary course of our business.
All intellectual property rights not expressly granted hereunder are expressly reserved to us.
We respect the intellectual property rights of others and will not tolerate infringing activity on its Sites. If you are a copyright owner or agent, and you believe your rights under applicable Copyright laws are being infringed by us or another person or entity using our Sites or Services, you may submit to our Designated Copyright Agent (firstname.lastname@example.org) a written notification pursuant to the Digital Millennium Copyright Act ("DMCA") (17 U.S.C. Â§ 512), which includes the following information:
We reserve the right to seek damages from any person who knowingly, materially submits a DMCA notification claim under this section in violation of the law.
User represents and warrants to the best of its knowledge: (i) that it has all necessary right, power and authority to enter into these General User Terms and to fulfill its contractual obligations hereunder; (ii) that the information that it uploads, posts, e-mails, transmits, or otherwise makes available to us or on our Sites, including without limitation content, reviews, screenshots, is accurate and free of third party encumbrances; (iii) that it has not breached any third party rights, including without limitation: intellectual property, publicity or privacy, consumer protection, tort and product liability rights; (iv) that it complies with all applicable security standards and is free from any viruses, including without limitation malware or Trojan horses; and (v) that it complies with all applicable laws, statutes, ordinances and regulations.
YOUR USE OF OUR SITES AND SERVICES IS AT YOUR OWN RISK. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, OUR SITES AND SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION: ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF THIRD PARTY INTELLECTUAL PROPERTY RIGHTS, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, ACCURACY OF INFORMATIONAL CONTENT OR SYSTEM INTEGRATION. WE DO NOT WARRANT THAT OUR SITES WILL BE SECURE, AVAILABLE OR OPERATE IN AN UNINTERRUPTED OR ERROR-FREE MANNER; THAT ERRORS OR DEFECTS WILL BE CORRECTED; OR THAT THE CONTENT ON OUR SITES IS ACCURATE OR APPROPRIATE FOR YOU AND YOUR BUSINESS NEEDS.
Neither we nor User will be liable for any consequential, special, indirect, exemplary or punitive damages arising out of or in any way related to these General User Terms or Your use of our Sites and Services, including without limitation loss of profits, revenue, interest, goodwill, loss or corruption of data or other interruption of business (whether in contract, tort or under other legal theory), even if advised of the possibility of such damages.
Except for breach of the indemnification and confidentiality sections hereunder, each partyâ€™s aggregate liability to the other for direct damages under these General User Terms is limited to USD$100 (one hundred U.S. Dollars). We expressly disclaim liability for any and all disputes arising between Users of our Sites and Services. By accessing and using our Sites and Services, You release us, our parent company and Affiliates from any and all liability for any and all claims arising from disputes between Users of our Sites and/or Services.
Each of us and User (in its capacity as "Indemnitor") agrees to indemnify, defend and hold harmless the other party, its agents, affiliates and employees (in its capacity as "Indemnitee") from and against any and all third party claims, liabilities, losses and expenses (including damage awards, settlement amounts and reasonable attorneysâ€™ fees) arising out of or relating to a violation of these General User Terms, except to the extent such losses and expenses arise from the negligence or willful misconduct of Indemnitee.
Termination by Us. We reserve the right in our sole discretion, without penalty and at any time without notice, to modify or discontinue (temporarily or permanently) Userâ€™s access to our Sites and Services, or any part thereof if we believe that User is violating these General User Terms. If User uses or attempts to use our Sites and/or Services for any purpose that contravenes these General User Terms (including without limitation tampering, hacking, data scraping, modifying or otherwise corrupting the security or functionality of our Sites and Services), User may also be subject to civil and criminal liability.
Termination for Convenience. By User. User may terminate its User Account at any time by sending an email request to email@example.com. We will endeavor to remove your User Account within 5 (five) business days. While you still may be able to access certain portions our Sites and Services following termination of your Account, you will no longer have access to the full functionality. By Us: We may in our sole discretion terminate your User Account, or impose limits on or restrict your access to parts or all of our Sites and/or Services at any time, without notice or liability.
For guidance on termination of vendor accounts, please see our General Vendor Terms.
Neither party will be liable for any failure or delay of performance under these General User Terms resulting from a force majeure event beyond the reasonable control of a party, including without limitation, natural disasters, acts of God, government regulations, war, terrorism, labor disputes and power failures.
These General User Terms are governed by the laws of Arlington, Virginia, except for its conflicts of interest principles. All claims arising out of or relating to these General User Terms will be litigated exclusively in the federal or state courts of Arlington County, Virginia, and each of Software Advice and User consents to personal jurisdiction in those courts.
Our failure to act with respect to a breach of these General User Terms will not constitute a waiver and does not waive our right to act with respect to subsequent or similar breaches. If any of these General User Terms shall be deemed invalid, void, or for any reason unenforceable under applicable law, then that term shall be deemed severable and shall not affect the validity and enforceability of any remaining term or provision of these General User Terms.
Last Updated: May 2018