SoftwareReviews.com Terms of Use
1. IntroductionWelcome to the SoftwareReviews.com website. These Terms of Use (“Terms”) govern your access and use of the SoftwareReviews.com website, its successor domains and any mobile application of the SoftwareReviews.com website (collectively the “Site”).
Please take the time to read these Terms carefully. The Terms describe how you may use this Site and what you must refrain from doing while using this Site. The Terms also describe how information you contribute will be shared, who owns information on the Site and other important matters relating to your use of the Site. Your use of this Site is a representation that you have read and understood these Terms, and that you agree to be legally bound by the Terms. You must accept everything in the Terms to use the Site. If you do not accept all the Terms, you cannot use the Site. We ask that you review the Terms regularly, as we may make changes to the Terms. For your reference, we will post when the Terms were last updated. (We will also post notifications of updated Terms here.) Your use of the Site after modification of the Terms shall constitute acceptance of the Terms.
In these Terms, “us”, “we”, “our” and SoftwareReviews.com refer to Softwarereviews.com, a division of Info-Tech Research Group Inc. a Canada corporation with its head office located at 345 Ridout Street North, London, Ontario, Canada. When “you” or “your” is stated in these Terms, it refers to the person visiting, browsing and/or reading the Site and to any person contributing content in any manner to the Site. If you are accessing the Site on behalf of an organization, including a business, “you” refers to the organization you are working on behalf of and the organization agrees to be bound by these Terms to the fullest extent allowable by applicable law. When you are agreeing to these Terms on behalf of an organization, your agreement to these Terms also signifies to us your authority to bind the organization for the purposes of these Terms. “User” or “Users” refer to individuals who are authorized to access and/or contribute information to the Site, whether or not they are doing so on behalf of an organization.
2. Use of the WebsiteThis Site is provided solely for the purpose of providing a platform for Users to review their enterprise software, provide insight on user experience, and assess the satisfaction of software and vendors with which visitors have experience and for no other purpose. We encourage you to browse, read and write reviews on software you have experience with. Please post to the Site relevant product reviews, relevant comments, engage in discussion on the discussion boards, submit to us ideas, opinions, information and email us about software products or related services you have used or have knowledge of (collectively “User Submissions”).
By using this website you represent to us that you are at least 18 years of age and under no legal disability that would affect your ability to be legally bound by these Terms. SoftwareReviews.com does not knowingly collect the personal information of anyone under 18 years of age. When you use this Site, you are warranting that all information you supply is current, complete, true and accurate. If you have a SoftwareReviews.com account, you will take reasonable measures to safeguard your account information; and you agree that you are aware of and are responsible for all your SoftwareReviews.com account activity and information.
3. Your Responsibility for Activities and ContentUpon receiving a password and account designation from us, you are fully responsible for maintaining the confidentiality of the account, and are fully responsible for all activities that occur under your password or account, including any and all User Submissions posted through your account. By using this Site, you warrant that any User Submissions and all information you post, email or share, including, but not limited to, information you give us as part of the registration to gain access to the Site, is true and accurate and offered for purposes consistent with the purpose of this website as set out above. You are responsible, and may be held liable, for any illegal or prohibited content you provide to us or to other users, including, but not limited to, infringing, defamatory or offensive materials.
You agree that you will not post to the Site, transmit to the Site, e-mail, or otherwise make accessible on or though the Site, content in any form, including but not limited to a User Submission, that:
Is unlawful, threatening, harassing, abusive, tortious, defamatory, libelous, abusive, obscene, pornographic, harmful to minors, invasive, offensive, hateful or malicious;
Contains hate propaganda or promotes discrimination or violence against any identifiable individuals or group of persons;
Promotes, or provides instructional information about, illegal activities;
Contains false statements or misrepresentations that could damage SoftwareReviews.com or any third party;
Infringes any patent, trade secrets, privacy, copyright, trademark, service mark, or other proprietary information;
Contains the personal information of any third party, including, without limitation, addresses, phone numbers, email addresses, Social Insurance Numbers, Social Security Numbers, personal health information and credit card numbers;
Contains information you know or should reasonably know to be false or misleading;
Encourages or facilitates insider trading or anticompetitive behavior;
Contains information on a third party’s products that you know to be confidential under an enforceable NDA or information that is a trade secret of a third party;
Includes commercial advertisements or solicitations; or
Purports to or actually provide legal or professional advice.
You may not reprint, republish or otherwise copy any reviews or the content of any reviews without our written consent, subject to the limited exceptions in these Terms.
In addition, by using this Site, you agree that you will refrain from all of the following prohibited activities:
Using this Site or any information found thereon for transmitting junk mail, chain letters, or unsolicited mass mailings;
Collecting from this Site, whether manually or through automation, the names of other Users for the purpose of transmitting to those other Users unsolicited commercial messages, whether electronic or printed;
Soliciting passwords, profile information, email addresses or any type of personally identifying information from other Users of the Site;
Accessing, monitoring, or copying from this Site any content or information using robots, spiders, scrapers or other data gathering, mining or extraction tools, including manual gathering of information, for commercial purposes without our express written permission;
Transmitting to the Site, in any manner, a software virus or any other codes, files, or programs that are designed, or have the ability, to interrupt, destroy, disable, compromise or otherwise limit the functionality of any computer programs, hardware, telecommunications equipment, or other equipment, whether owned by SoftwareReviews.com or any other person or entity;
Disrupting, in any manner, the operation of any portion of this Site or security of this Site, or interfering with or disrupting this Site or any server, system, host or network involved in the operation of the Site or disrupting or intending to interfere with service to any User;
Taking any action that may, in our discretion, impose an unreasonable load on the Site or our infrastructure;
Deep-linking to the Site or any part thereof without our express written permission;
Logging into a server or account which you are not authorized to use;
Violating any applicable laws or regulations;
Impersonating any person or entity, or falsely representing your identification or affiliation;
Intentionally disguising the origin of any content posted on or transmitted to this Site;
Any copying or downloading of account information, other than your own;
Any framing or mirroring of the Site or any portion thereof to enclose trademarks, logo or other proprietary information on the Site without express written consent;
Any commercial or resale use of this Site or any information thereon, including any collection or use of any product listings, descriptions, prices, or any use of any page on the Site for commercial purposes without the express written consent of Softwarereviews.com;
Modifying any page on the Site;
Posting or Transmitting to the Site, by any means, any materials that infringe a copyright, trade secret, patent, trademark and any other intellectual property or propriety rights recognized in Canada, the US or internationally.
Your involvement in any of the foregoing activities will be a breach of these Terms of Use, and you may, among other possible consequences, be held liable for breach of contract and/or your rights to use this Site or any interactive features may be suspended or terminated.
5. PrivacyYou will be able to login to the Site via your LinkedIn account. You will also have the opportunity to decline use of your personal information, however this will prevent you from seeing all other User Submissions including User’s reviews of products and services.
Most User Submissions you post will only be available to other Users but some will be available to the public. If you choose to see other User Submissions and reviews, your contact information and profile information submitted in connection with your account for this Site will be visible to and possibly shared with other Users and the public. Please do not submit any information as part of your account or registration that you do not wish to be shared with other users and possibly the public. You agree that information you submit as part of the registration process or in your User Submissions is not confidential.
By using this site you acknowledge that data and communications, including e-mail, may be accessed by unauthorized third parties when communicated over the internet. We reserve the right to protect SoftwareReviews.com’s systems, customers and Users and to ensure the integrity and operation of our business by cooperating with legitimate governmental requests, subpoenas, or court orders by accessing and disclosing any information necessary and appropriate, including, without limitation, a User’s account or profile information, including name and email address, occupation, IP address and traffic information, usage history and posted User Submissions. Our right to disclose any such information for the purposes described above shall take precedence over anything to the contrary in our Privacy Policy.
6. Ownership of the Site, Content and User SubmissionsSoftwareRevews.com and/or its licensors or vendors are the owner of all products and services offered on the Site and are protected by Canadian, US and international copyrights and other intellectual property laws and regulations. The compilation of all content on the Site is the exclusive property of SoftwareReviews.com, and, except to the minimum extent permitted by applicable copyright laws, no copying or exploitation of materials from the Site is permitted without the express written consent of SoftwareReviews.com or any applicable copyright owner.
You are not allowed to resell any content or information you access or download from the Site, and you acknowledge that you do not acquire any ownership rights in any materials accessed or downloaded from the Site. All rights are reserved to SoftwareReviews.com. If you believe your copyrights are being infringed, please email legal@softwarereviews.com.
Please note that if and when you post or contribute User Submissions to this Site, with respect to product reviews, you assign, and are hereby deemed to have assigned, to SoftwareReviews.com all your right, title and interest in and to such reviews, including all intellectual property rights therein and thereto, including moral rights. By contributing User Submissions, you grant us and our agents and affiliates the right to the information submitted in connection with your User Submissions. With respect to anything that is a User Submission, but not a review of a product or service, you assign us and our affiliates or agents a non-exclusive, worldwide, irrevocable, perpetual, fully-paid up, sub-licensable, royalty-free right to use, adapt, modify, translate, reproduce, distribute, display and publish such content as we choose.
7. Our Disclaimer of Warranty and Your WaiverThe purpose of this Site is to provide unbiased reviews of software and related services. We encourage you to post reviews, comments, engage in discussion on the discussion boards, and submit ideas, opinions information and to email us, so long as none of the User Submissions breach these Terms. We do not systematically monitor or regularly review User Submissions, however we reserve the right to remove or edit User Submissions at our sole discretion and without notice if, in our opinion, the User Submissions breaches the Terms of this Site. You are solely responsible for backing up any information you contribute to the Site.
Please use common sense and good judgment when reading and posting product reviews and User Submissions. We do not assume any responsibility whatsoever for the User Submissions contributed to the Site by our Users. Any products or services that you license, purchase or acquire based on information or content you’ve found on the Site are subject to the agreement between you and the particular vendor from whom you licensed or acquired the products or services. By using this Site, you agree that any remedy you may have with respect to those products or services, whether or not you read a review or other information related to those products or services on this Site, and whether or not you acquired the products or services through links or other information found on this Site, is exclusively against the vendor who sold, license or otherwise gave you access to or use of the products and services.
Information provided on this Site is done so on an “as is” and “as available” basis. We do not warrant that any information on this Site is fit for a particular purpose, complete or reliable.
SOFTWAREREVIEWS.COM MAKES NO REPRESENATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTIBILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGMENT OR NON-MISAPPROPRIATION OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY, TITLE, ACCURACY OF INFORMATION OR CONTENT, SYSTEM INTEGRATION, OR ANY EXPRESS OR IMPLIED WARRANTY AS TO THE OPERATION OF THIS WEBSITE OR THE INFORMATION, CONTENT, MATERIALS, SERVICES OR PRODUCTS INCLUDED OR DESCRIBED IN THIS WEBSITE. Some jurisdictions do not allow exclusions of implied warranties, so the above exclusion may not apply to you, but shall apply to the fullest extent permissible by applicable law. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.
VIEWS EXPRESSED BY USERS, INCLUDING ANY USER SUBMISSION ON THIS SITE, DO NOT REFLECT THE OPINIONS OR EXPERIENCE OF SOFTWAREREVIEWS.COM. WE DO NOT SYSTEMATICALLY MONITOR USER SUBMISSIONS FOR ANY REASON, INCLUDING FOR ACCURACY OR OFFENSIVE CONTENT. WE TAKE NO RESPONSIBILTY AND ARE NOT LIABLE FOR ANY USER SUBMISSIONS. BY USING THIS SITE, YOU AGREE THAT YOU WILL NOT ATTEMPT TO HOLD US LIABLE FOR ANY VIEWS, OPINIONS, OR ANY INFORMATION FOUND IN ANY USER-SUBMISSIONS. We are not liable for any mistakes, defamation, libel, slander, omissions, falsehoods, obscenity, pornography or profanity you may encounter while using this Site.
THIS SITE IS MEANT TO ASSIST USERS IN OBTAINING UNBIASED ADVICE ON SOFTWARE PRODUCTS AND SERVICES. BY USING THIS SITE, YOU AGREE THAT YOU WILL NOT USE ANY INFORMATION ON THIS SITE, INCLUDING, BUT NOT LIMITED TO, OTHER USERS’ ACCOUNT INFORMATION OR IDENTIFYING INFORMATION IN ANY USER SUBMISSIONS, TO COMMENCE LITIGATION OR TO TAKE ANY LEGAL ACTION AGAINST US OR ANY OF OUR USERS. BY ACCESSING THIS SITE, YOU AGREE THAT YOU WILL NOT TAKE ANY LEGAL ACTION AGAINT US OR OTHER USERS BASED ON THE INFORMATION CONTAINED ON THIS SITE. BY USING THIS SITE AND AGREEING TO THESE TERMS, YOU ACKNOWLEDGE AND AGREE THAT YOU WAIVE ANY CLAIM AGAINST US OR ANY OTHER USERS BASED ON ANY INFORMATION OR OPINIONS CONTAINED ON THIS SITE, WHETHER IN CONTRACT, TORT OR OTHERWISE. IF YOU DO NOT AGREE TO THIS YOU MUST NOT ENTER THE SITE OR VIEW ANY PART OF THE SITE.
We use best efforts to ensure that we are as accurate as possible when describing third party products and services. We do not guarantee and make no representation or warranty that the service and/or product description or any other content on this Site is accurate, complete, current or error-free. Products and services referenced on this Site, in User Submissions and otherwise, may not be available in all jurisdictions. The information on this Site is not intended to establish any professional standards, nor it is intended to constitute legal advice. Legal advice should be sought from a licensed lawyer where required.
8. Limitation of LiabilityTO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, SOFTWAREREVIEWS.COM DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTIBILITY AND FITNESS FOR A PARTICLAR PURPOSE. Although SoftwareReviews.com may take reasonable steps to screen the Site for infection by viruses, worms, Trojan horses or other code manifesting contaminating or destructive properties before making the content on the Site available, Softwarereviews.com cannot guarantee that this Site or any services provided by or emails sent from Softwarereviews.com are error free or free of viruses or other harmful content.
YOU UNDERSTAND AND EXPRESSLY AGREE THAT SOFTWAREREVIEWS.COM AND ITS AFFILIATES, AGENTS, OFFICERS, DIRECTORS, AND EMPLOYEES, SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING OUT OF OR IN ANY WAY RELATED TO THESE TERMS, THE SITE, OR SERVICES PROVIDED BY SOFTWAREREVIEWS.COM, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERUPTION, GOODWILL, LOSS OF DATA OR LOSS ARISING OUT OF THE USE OR INABILITY TO USE THE SITE, OR CLAIMS ATTRIBUTABLE TO ERRORS, OMISSION OR OTHER INACCURACIES IN ANY CONTENT, USER SUBMISSIONS ON THE SITE OR SERVICES PROIVIDED BY SOFTWAREREVIEWS.COM, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILTIY OF SUCH DAMAGES. Some jurisdictions do not allow limitation of liability for consequential or incidental damages, so the above limitation may not apply to you, but shall apply to the fullest extent permissible by applicable law.
TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, SOFTWAREREVIEWS.COM’S TOTAL LIABILITY SHALL IN NO EVENT EXCEED THE FEES CHARGED TO YOU TO USE THIS SITE. You acknowledge that SoftwareReviews.com has set its prices and sold the services on the Site in reliance on the limitations of liability and disclaimers of warranties and damages set forth herein, and that the same form a fundamental and essential basis of the bargain between you and SoftwareReviews.com. The limitations set forth herein shall apply even if the contract between you and SoftwareReviews.com is found to have failed in its fundamental or essential purpose or has been fundamentally breached.
9. Your Indemnity of SoftwareReviews.comWhen you contribute User Submissions or otherwise submit or post content to us or to the Site, you warrant that:
You own or have the right to submit or post such content;
Your User Submissions do not violate the intellectual property rights of any third party; and
Your User Submissions, or other posted or submitted content, are accurate and that they do not otherwise violate these Terms.
You agree that you will indemnify and hold SoftwareReviews.com and its affiliates, agents, officers, directors and employees harmless, and, at our request, defend SoftwareReviews.com and its affiliates, agents, officers, directors and employees from and against any claim, demand, cause of action, debt, loss or liability, including reasonable attorneys’ fees, to the extent that such action is based upon or arises out of:
Your breach of these Terms;
Your violation of any law or right of any third party; and
Your use, of this Site or your inability to use this Site.
You agree to indemnify and hold harmless SoftwareReviews.com our agents, affiliates, directors, officers and employees from and against all claims resulting from any User Submission you provide and any other content you post to or otherwise contribute to the Site. We take no responsibility and assume no liability for any of your, or any other party’s User Submissions.
10. Links to Third-Party SitesAny third party sites that are linked to the Site are not under SoftwareReviews.com’s control. SoftwareReviews.com is not responsible for anything on the linked sites, including without limitation any content, links to other sites, any changes to those sites, or any policies those sites may have. SoftwareReviews.com provides links as a convenience only and such links do not imply any endorsement by SoftwareReviews.com of those sites.
11. Governing LawThis site and agreement is governed by the laws of the Province of Ontario, Canada, excluding any conflicts of law provisions and excluding the United Nations Convention on Contracts for the International Sale of Goods. Any legal action against SoftwareReviews.com shall take place in the courts of the Province of Ontario. The parties attorn to the non-exclusive jurisdiction of the courts of Ontario.
12. Severability and InterpretationIf any part of these Terms 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 provisions of these Terms. SoftwareReviews.com’s failure to exercise or enforce any right or provision of this agreement shall not constitute a waiver of such right or provision.
13. MiscellaneousBy using or accessing this Site, you agree to be bound legally by all of the foregoing terms and conditions. Subject to our Privacy Policy, which is incorporated herein by this reference, these Terms constitute the entire agreement between you and SoftwareReviews.com with respect to the subject matter addressed herein and your use of the Site and access to or use of any information obtained from the Site. These Terms shall supersede any prior agreements between you and SoftwareReviews.com relating to your use of the Site, but these Terms may be supplemented by any other agreement you enter into with SoftwareReviews.com pursuant to a registration to access certain features of the Site. Any standard terms on your organization’s purchase orders are not tailored to the services we offer through the Site, and you hereby agree that they shall not apply to your use of the Site. SoftwareReviews.com has set its prices and sold the Services available on the Site in reliance on these Terms of Use including the usage restrictions, limitations of liability, warranties and disclaimers set forth herein, and the same form a fundamental and essential basis of the bargain between you and SoftwareReviews.com.