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Terms of Use


WELCOME TO SOFTWARE ADVICE™, INC.! PLEASE TAKE TIME TO READ OUR TERMS OF USE:

By accessing and using this Website or any of the content and services provided herein, you agree to be legally bound by these Terms of Use, as well as all applicable terms, policies and operating procedures that may from time to time be published on this Website and the websites of our Gartner Affiliates and Participating Vendors, which are incorporated herein by this reference.

IF YOU DO NOT AGREE TO OUR TERMS OF USE, PLEASE DO NOT ACCESS OR USE OUR WEBSITE.

DEFINITIONS:

COMPANY CONTENT: the Website and Services, including without limitation the Domain Names and Company Content of Company and all our Affiliates, along with all intellectual property rights therein.

SERVICES: the Website and Content of Company and the services provided therein, including without limitation: free user services, applications and tools.

USERS: those individuals who access the Website and use the Services.

USER CONTENT: the content submitted by Users in the context of using the Website or the Services.

WEBSITE: the online location where Company provides its Services and posts its Content, which includes without limitation services provided at or using the following domains: www.softwareadvice.com, www.getapp.com, www.capterra.com and such other or successor domain names as may be operated, acquired or used from time to time by Company and its Affiliates.

ELIGIBILITY:

The Website and Services are intended solely for Users who are 18 years of age or older. Any access to or use of the Website or Services by anyone under 18 is expressly prohibited. By accessing or using the Website or Services you represent and warrant that you are 18 years of age or older.

ACCOUNT REGISTRATION:

While certain portions of the Website may be accessed and used without creating a User Account, you must create a User Account in order to access the full functionality of the Website and Services. This specifically applies to Users who want to write and post reviews.

When creating an Account, you agree to: (i) provide and keep current accurate and complete information about yourself and your company (“Registration Data”); (ii) maintain the confidentiality of your Account and log-in credentials, if applicable; and (iii) restrict access to all others. You agree to accept responsibility for all activities that occur under your Account. If we have reasonable grounds to suspect that the information you provide is inaccurate, incomplete or impersonates another person, we reserve the right to suspend or terminate your Account. All Registration Data will be stored and used in accordance with Software Advice™, Inc.’s Privacy Policy.

USE OF WEBSITE:

While using the Website and Services, You Are Responsible for Your Actions and for All Content You Post.

By accessing and using the Website and Services, You Represent and Warrant:

  • That any and all information you post or provide, including, without limitation, as part of any registration or application or to gain access to the Website or Services, is true, accurate and not misleading and that you will not allow any other person or entity to use your Account.
  • That you may be liable for any illegal or prohibited content that you provide to the Website or to other Users, including, without limitation, content that is unlawful, harmful, threatening, tortious, defamatory, infringing, libelous, abusive, disparaging, pedophilic, pornographic, obscene, invasive of another's privacy, hateful, malicious or otherwise promotes illegal activities or conduct or violates any local, state, national or other applicable law or regulation;
  • That you will not post or otherwise provide User Content that contains hate propaganda or promotes discrimination or violence against any people on account of their race, national origin, religion, age, gender, disability, or sexual orientation; or that is or could be harmful to minors;
  • That you will not duplicate, download, publish, modify or otherwise distribute any Content on this Website for any purpose other than for your own individual use.
  • That you will not post or otherwise provide User Content that contains a software virus or any other code files or programs with the ability to interrupt, destroy, compromise, or otherwise limit the functionality of any computer software or hardware or telecommunications equipment.
  • That you will not avoid, bypass, reverse engineer, interfere with, deactivate, impair, descramble or otherwise circumvent any technical measure implemented by Company to administer and protect the Website and Services.
  • That you will not collect or "harvest" from the Website the personally identifiable information of other users without their consent for the purpose of transmitting unsolicited commercial mass mailings or "spamming.”
  • That you will not forge headers or otherwise manipulate identifiers for the purpose of disguising the origin of any content posted or transmitted through or on the Website;
  • That you will not access the Website and Services by any means other than through interfaces expressly authorized by Company and these Terms of Use.
  • That you will not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information of the Website or our Vendors without our express written consent.
  • That you will not scrape or download Content from the Website or Services, or otherwise without authorization use, upload Content to, or create new links, reposts, or referrals through the use of any engine, software, tool, agent, device or mechanism (including automated scripts, spiders, robots, crawlers and data mining tools ).

SUBMISSION OF USER REVIEWS:

We welcome your feedback! Our Website and Services are powered by your User Reviews. When submitting User Reviews, you acknowledge and agree to adhere to the following rules:

  • You may post reviews, comments and other User Content so long as they do not breach these Terms of Use.
  • You may not submit any materials that you do not have the right to make available under any law or contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements). You expressly agree that you will solely bear any liability related to your submission of these materials through the Website or Services
  • By posting or otherwise submitting User Content, including User Reviews, you grant Company, its parent company and Affiliates, a nonexclusive, royalty-free right to use, modify, distribute, reproduce, display, perform, and publish such User Content and (ii) with respect to User Reviews, you assign, and are hereby deemed to have assigned, to Company all right, title and interest in and to such User Reviews, including all intellectual property rights.
  • Company may, but is not obligated to, monitor and edit or remove any User activity or User Content. Company assumes no liability for any User Content posted by you or any third party.
  • You represent and warrant that you own or otherwise control all of the rights to the User Content that you post; that it is accurate; that it does not violate these Terms of Use and that you will indemnify Company, its parent company and Affiliates for all claims resulting from such violation.
  • Company reserves the right (but not the obligation) to remove or edit such User Content if it violates these Terms of Use.

INTELLECTUAL PROPERTY RIGHTS:

The Website includes a combination of content that we create, that our partners or advertisers create, and that our Users create. This section sets out the ownership and usage rights for each type of content. COMPANY CONTENT: The Website, including without limitation Domain Names, Company Content, Services and all intellectual property rights therein (“Company Content”), is the property of Company, its Affiliates and/or its authorized licensors and is protected by U.S. and international copyright, trademarks and other intellectual property laws. Except to the extent otherwise expressly permitted under copyright law, no copying or exploitation of any content on the Website is permitted without the express written permission of Company or the applicable copyright owner. We hereby grant you a worldwide, revocable, royalty-free, non-exclusive license to use, view and download our Company Content for your personal, non-commercial use in accordance with these Terms of Use and applicable U.S. and international copyright laws. You acknowledge that you will not acquire any ownership rights by virtue of downloading our Company Content from the Website. Except to the minimum extent otherwise expressly permitted under copyright law, you will not copy, reproduce, modify, use, distribute, display, create derivative works of or otherwise exploit our Company Content or the Services (regardless of form or media and whether by download or otherwise) without the express written permission of Company or the applicable copyright owner.

YOUR CONTENT: You are solely responsible for all content, whether publicly posted or privately transmitted, that you upload, post, e-mail, transmit, or otherwise make available on the Website, including without limitation user reviews ("Your Content"). You certify that you own all intellectual property rights in Your Content. You hereby grant us, our parent company and affiliates and our partners a worldwide, irrevocable, royalty-free, nonexclusive, sub-licensable license to use, reproduce, create derivative works of, publicly communicate and distribute Your Content and subsequent versions of Your Content for use in the ordinary course of our business, including without limitation, displaying Your Content on the Website and making Your Content available, either electronically or via other media, to Users.

All intellectual property rights not expressly granted hereunder are expressly reserved to Company and to the respective owners of such rights.

COPYRIGHT INFRINGEMENT CLAIMS:

Company respects the intellectual property rights of others and will not tolerate infringing activity on the Website. If you are a copyright owner or agent, and you believe your rights under applicable Copyright laws are being infringed by Company or another person or entity using the Website or Services, then you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") (17 U.S.C. § 512) by providing Company’s Designated Copyright Agent at reviews@softwareadvice.com with the following information in writing:

  • A physical or electronic signature of a person authorized to act on behalf of the owner of the work(s) that has/have been allegedly infringed;
  • Identification of works or materials being infringed, or, if multiple works are covered by a single notification, a representative list of such works;
  • Identification of specific material to be removed, which is claimed to infringe or to be subject of infringing activity, and its location;
  • Your contact information, including phone number, and, if available, an e-mail address at which you may be contacted;
  • Your good faith statement that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
  • A statement that the information in your notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of the allegedly infringed copyright.

Company reserves the right to seek damages from any person who knowingly materially submits a notification claim under this section in violation of the law.

PRIVACY AND SECURITY:

Company takes your Privacy seriously and endeavors to comply with applicable data privacy laws in all regions where we do business. Please review our Privacy Policy, which governs your access to and use of the Website and the Services and sets forth the information we may collect from you and how we will safeguard and use it to administer your Services and Website experience.

By communicating with us via e-mail or by submitting any request on the Website, you consent to receive e-mail or other electronic communications from Company, our parent company and our Affiliates.

You shall not: (a) access data or materials not intended for you; (b) log into a server or account which you are not authorized to access; (c) attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; or (d) attempt to interfere with service to any user, host or network.

By accessing and using the Website, you understand and accept the risk that data and communications, including e-mail and other electronic communications, may be accessed by unauthorized third parties when communicated over the Internet.

DISCLAIMER:

YOUR USE OF THE WEBSITE AND SERVICES IS AT YOUR OWN RISK. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE WEBSITE 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 THE SITE WILL BE AVAILABLE OR OPERATE IN AN UNINTERRUPTED OR ERROR-FREE MANNER OR THAT ERRORS OR DEFECTS WILL BE CORRECTED OR THAT THE CONTENT ON THE WEBSITE IS ACCURATE OR APPROPRIATE FOR YOU.

Note: As some jurisdictions do not allow exclusion of implied warranties, the above exclusions may not apply to you.

You understand that certain Services on the Website may include materials and information from third parties and links to other web sites and resources over which Company has minimal control. Your use of those third party websites is subject to their terms and conditions and you agree that Company is not responsible or liable for any loss or damage incurred as the result of your transactions with such third parties.

LIMITATION OF LIABILITY:

NEITHER COMPANY, ITS PARENT COMPANY OR AFFILIATES SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING OUT OF OR IN ANY WAY RELATED TO THESE TERMS OF USE OR YOUR USE OF THE WEBSITE AND SERVICES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). TO THE EXTENT THE FOREGOING LIMITATION OF LIABILITY IS, IN WHOLE OR IN PART, HELD TO BE INAPPLICABLE OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF COMPANY, ITS PARENT COMPANY AND AFFILIATES FOR ANY REASON AND UPON ANY CAUSE OF ACTION (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE, STRICT LIABILITY AND OTHER ACTIONS IN CONTRACT OR TORT) ARISING OUT OF OR IN ANY WAY RELATED TO THE WEBSITE, SERVICES OR THESE TERMS OF USE SHALL BE LIMITED TO DIRECT DAMAGES ACTUALLY INCURRED UP TO ONE HUNDRED U.S. DOLLARS ($100).

BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

COMPANY EXPRESSLY DISCLAIMS LIABILITY FOR ANY AND ALL DISPUTES ARISING BETWEEN USERS OF THE WEBSITE OR SERVICES. BY USING THE WEBSITE AND SERVICES, YOU RELEASE COMPANY, ITS PARENT COMPANY AND AFFILIATES FROM ALL LIABILITY FOR CLAIMS ARISING FROM SUCH DISPUTES.

INDEMNITY:

You agree to indemnify and hold Company, its parent company and Affiliates harmless, and, at Company's request, to defend us from and against any third party claims, demands, causes of action, debts, losses or liabilities, including reasonable attorneys' fees, to the extent that such claim is based upon, arises out of, or relates to a violation of these Terms of Use or applicable laws.

TERMINATION:

Termination of Your Account. You may terminate your Account at any time by sending an email request to reviews@softwareadvice.com. We will aim to remove your account within 2 (two) business days. If you terminate your Account, you may still be able to access certain portions of the Website and Services, but you will not have access to the full functionality. We may terminate your Account, or impose limits on or restrict your access to parts or all of the Website or the Services at any time, without notice or liability.

Company reserves the right, without penalty and at any time, to modify or discontinue (temporarily or permanently) the Services, or any part thereof, with or without notice if, in its sole discretion, Company believes that your conduct fails to comply with these Terms of Use. If you use or attempt to use the Website or Services for any purpose that contravenes these Terms of Use (including without limitation tampering, hacking, modifying or otherwise corrupting the security or functionality of the Services), you may also be subject to civil and criminal liability.

GOVERNING LAW:

By accessing and using the Website and Services, you consent to these Terms of Use and agree that the laws of the State of Texas without regard to principles of conflict of laws, will govern all matters relating to or arising from these Terms of Use and the parties irrevocably consent to bring any action to enforce these Terms of Service in the federal or state courts located in the State of Texas. Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the Website, the Services or these Terms of Use must be filed or otherwise commenced within one (1) year after such claim or cause of action arose or shall be forever barred.

WAIVER AND SEVERABILITY:

Company’s failure to act with respect to a breach by you or others will not constitute a waiver and does not waive our right to act with respect to subsequent or similar breaches. If any of these Terms of Use 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 Terms of Use.

ENTIRE AGREEMENT:

These Terms of Use constitute the entire agreement between you and Company with respect to the subject matter addressed herein, and supersede any prior agreements between you and Company relating to such subject matter. We reserve the right to update or otherwise modify these Term of Use from time to time. You are responsible for checking these Terms of Use periodically for changes and updates. Your use of this Website following such posted changes and updates will be deemed an acceptance of such changes and updates.

BY ACCESSING AND USING THE WEBSITE AND SERVICES, YOU ATTEST THAT YOU HAVE READ, UNDERSTOOD AND AGREE TO BE LEGALLY BOUND BY THE FOREGOING TERMS OF USE.

LAST UPDATED: DECEMBER 2016