These Terms of Use (“Terms”) govern your access and use of all SoftwareReviews.com licensed materials, analyst advice, and the Vendor Portal (the “Services”).
Please take the time to read these Terms carefully. The Terms describe how you may access and use SoftwareReviews.com Services and what you must refrain from doing with licensed materials. The Terms also describe how information you contribute will be shared, who owns information on the Vendor Portal, and other important matters relating to your relationship with SoftwareReviews.com. You agree that you have read and understood these Terms and that you agree to be legally bound by the Terms. We reserve the right to update or otherwise modify these Terms from time to time. You are responsible for checking these Terms periodically for changes and updates. Your use of the Services after such notice has been posted constitutes your acceptance of the updated 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 any person visiting, browsing, and/or reading the Vendor Portal and to any person contributing content in any manner to the Vendor Portal and/or accessing the Services. If you are accessing the Services 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 Vendor Portal, whether or not they are doing so on behalf of an organization.
2. Accessing ServicesThe purpose of the Services is to enable Vendors to: (1) control how their brand is represented on SoftwareReviews to prospective buyers; (2) collect the most robust customer reviews, manage incentives, and monitor progress on a detailed dashboard; (3) review a diverse set of buyer data presented through visual reports and data visualizations; (4) understand how their product and other vendors in their category rank across capabilities, product features, and emotional sentiment; (5) access data and insights from buyers and discover the specific features that are driving selection and satisfaction to support their efforts at bidding and winning new business; (6) access visually stunning reports and build head-to-head comparisons, battle cards, and one-of-a-kind award badges; and, (7) access any other features that may be added in the future.
By accessing the Services, 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 the Services, 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 submissions posted through your account. By using the Vendor Portal, you warrant that any 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 Vendor Portal, is true and accurate and offered for purposes consistent with the purpose of the Vendor Portal and the Services 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 further agree to abide by SoftwareReviews.com rules for Usage and Attribution. Use of the Vendor Portal and the Services after such changes shall be deemed to be acceptance by User of such changes.
You agree that you will not post to the Vendor Portal, transmit to the Vendor Portal, email, or otherwise make accessible on or though the Vendor Portal content in any form, including but not limited to a 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 content from the Vendor Portal without our written consent as set out in a signed Service Agreement, subject to the limited exceptions in these Terms.
In addition, by using the Vendor Portal, you agree that you will refrain from all of the following prohibited activities:
Using this Vendor Portal or any information found thereon for transmitting junk mail, chain letters, or unsolicited mass mailings;
Collecting from the Vendor Portal, 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 Vendor Portal;
Accessing, monitoring, or copying from this Vendor Portal 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 Vendor Portal, 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 the Vendor Portal or security of the Vendor Portal or interfering with or disrupting the Vendor Portal or any server, system, host, or network involved in the operation of the Vendor Portal 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 Vendor Portal or our infrastructure;
Deep-linking to the Vendor Portal or any part thereof without our express written permission;
Logging into a server or account that 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 Vendor Portal;
Any copying or downloading of account information other than your own;
Any framing or mirroring of the Vendor Portal or any portion thereof to enclose trademarks, logo, or other proprietary information on the Vendor Portal without express written consent;
Any commercial or resale use of the Vendor Portal or any information thereon, including any collection or use of any Product Listings, descriptions, prices, or any use of any page on the Vendor Portal for commercial purposes without the express written consent of SoftwareReviews.com;
Modifying any page on the Vendor Portal;
Posting or transmitting to the Vendor Portal, by any means, any materials that infringe a copyright, trade secret, patent, trademark, or 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, and you may, among other possible consequences, be held liable for breach of contract and/or your rights to use the Vendor Portal or any interactive features may be suspended or terminated.
5. PrivacyA User’s right to privacy is of paramount importance to SoftwareReviews.com. See our Privacy Policyfor more detail. The identity of our Vendor clients is not considered personal or confidential information, and we may disclose that information for promotion and marketing purposes for the duration of the Membership Term of the Agreement.
6. Ownership of the Vendor Portal, Content, and User SubmissionsSoftwareRevews.com and/or its licensors or vendors are the owner of all products and services offered on the Vendor Portal and are protected by Canadian, US, and international copyrights and other intellectual property laws and regulations. The compilation of all content on the Vendor Portal 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 Vendor Portal 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 Vendor Portal, and you acknowledge that you do not acquire any ownership rights in any materials accessed or downloaded from the Vendor Portal. All rights are reserved to SoftwareReviews.com.
If you believe your copyrights are being infringed, please email legal@softwarereviews.com. We grant to the Vendor a worldwide, revocable, royalty-free, non-exclusive license to use, view, and download the Services for the Vendor’s personal, non-commercial use in accordance with these Terms and applicable Canadian, US, and international copyright laws. Except to the extent otherwise expressly permitted under copyright law, the Vendor will not copy, reproduce, modify, use, distribute, display, create derivative works of, or otherwise exploit the Services without the express written consent of SoftwareReviews.com or the applicable copyright owner.
Please note that if and when you post or contribute submissions to this Vendor Portal, you assign us and our affiliates or agents a non-exclusive, worldwide, irrevocable, perpetual, fully paid up, sublicensable, royalty-free right to use, adapt, modify, translate, reproduce, distribute, display, and publish such content as we choose.
7. Vendor IPExcept for product information lawfully collected or created by us, the Vendor retains all right, title, and interest in and to the content it submits to us to update or modify its listing (see below), as well as to its logos, trademarks, videos, and screenshots (collectively, “Vendor IP”) and grants to SoftwareReviews.com, its affiliates, and partners a limited, worldwide, revocable , royalty-free, non-exclusive, non-sublicensable license (i) to use, display, and translate the Vendor IP in the ordinary course of its business; (ii) to advertise, market, promote, and publicize the Vendor and its products on our websites and our partner sites; and (iii) to modify and/or remove Vendor content as we may determine in our sole discretion for the duration of the Membership Term of the Agreement.
Product Listing. SoftwareReviews.com retains all right, title, and interest in and to the Services it creates from publicly available content and grants to the Vendor free of charge a license to use, update, and (at our discretion) modify the Product Listing ("Modified Product Listing") subject to the following:
We may make minor modifications to the Modified Product Listing (including adding our own content) to ensure compliance with our Usage Policy and for testing and quality control purposes to improve the user experience;
We may share the Modified Product Listing (including Vendor account information) internally with our affiliates in the ordinary course of our business; and
We may post (and translate as necessary) the Modified Product Listing on our content or websites or the content and websites of our partners where we place ads in order to drive web traffic and quality leads in the ordinary course of our business.
All intellectual property rights not expressly granted hereunder are expressly reserved to SoftwareReviews.com and to the respective owners of such rights.
8. Our Disclaimer of Warranty and Your WaiverWe do not systematically monitor or regularly review submissions to the Vendor Portal; however, we reserve the right to remove or edit any submissions at our sole discretion and without notice if, in our sole opinion, a submission breaches these Terms. You are solely responsible for backing up any information you contribute to the Vendor Portal.
Information provided within the Services and on the Vendor Portal is done so on an “as is” and “as available” basis. We do not warrant that any information on the Vendor Portal or within the Services is fit for a particular purpose, complete, or reliable. We do not endorse third-party products or services. We assess and analyze the effectiveness and appropriateness of information technology in the context of a general business environment only, unless specifically hired by a User to assess in the context of their own environment.
SOFTWAREREVIEWS.COM MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT 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 THE VENDOR PORTAL OR WITHIN THE SERVICES. 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 THE VENDOR PORTAL AND THE SERVICES IS AT YOUR SOLE RISK.
VIEWS EXPRESSED BY USERS, INCLUDING ANY USER SUBMISSION ON THE VENDOR PORTAL, 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 RESPONSIBILITY AND ARE NOT LIABLE FOR ANY USER SUBMISSIONS. BY USING THE SERVICES, 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 the Services. User assumes sole responsibility for the selection of the Services to achieve its intended results. The opinions expressed in the Services are subject to change without notice.
BY USING THE VENDOR PORTAL, YOU AGREE THAT YOU WILL NOT USE ANY INFORMATION, 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 THE SERVICES, YOU AGREE THAT YOU WILL NOT TAKE ANY LEGAL ACTION AGAINST US OR OTHER USERS BASED ON THE INFORMATION CONTAINED WITHIN THE SERVICES. BY USING THIS SERVICES 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 WITHIN THE SERVICES, WHETHER IN CONTRACT, TORT, OR OTHERWISE, however the foregoing limitations do not preclude us undertaking action against any User for defamatory, libelous, or slanderous remarks made in the Service.
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 the Vendor Portal is accurate, complete, current, or error-free. Products and services referenced herein may not be available in all jurisdictions. The information on the Vendor Portal and within the Services 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.
9. 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 MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Although SoftwareReviews.com takes reasonable steps to screen for infection by viruses, worms, Trojan horses or other code manifesting contaminating or destructive properties before making content on the Vendor Portal available, SoftwareReviews.com cannot guarantee that the Vendor Portal 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 VENDOR PORTAL, OR SERVICES PROVIDED BY SOFTWAREREVIEWS.COM, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, GOODWILL, LOSS OF DATA OR LOSS ARISING OUT OF THE USE OR INABILITY TO USE THE VENDOR PORTAL, OR CLAIMS ATTRIBUTABLE TO ERRORS, OMISSION, OR OTHER INACCURACIES IN ANY CONTENT, USER SUBMISSIONS ON THE VENDOR PORTAL, OR SERVICES PROVIDED BY SOFTWAREREVIEWS.COM, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY 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 THE SERVICES for the Membership. You acknowledge that SoftwareReviews.com has set its prices and sold the Services 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.
10. Your Indemnity of SoftwareReviews.comWhen you contribute submissions or otherwise submit or post content to us or to the Vendor Portal, you warrant that:
You own or have the right to submit or post such content and 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 Vendor Portal or Services, is true, accurate, and not misleading and that you will not allow any other person or entity to use your Account;
Your submissions do not violate the intellectual property rights of any third party and that the information and content you upload, post, email, transmit, or otherwise make available to us or on the Vendor Portal, including without limitation Product Listings, trademarks, logos, and screenshots, is accurate and free of third-party encumbrances;
Your submissions, or other posted or submitted content, are accurate and do not otherwise violate these Terms; and,
You will, when posting Product Listings on within the Vendor Portal, adhere to our usage guidelines for Product Listings and bear all liability related to your submission of such content through our Vendor Portal or Services.
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, or
Your use of the Services or your inability to use the Services.
You agree to indemnify and hold harmless SoftwareReviews.com, our agents, affiliates, directors, officers, and employees from and against all claims resulting from any submission you provide and any other content you post to or otherwise contribute to the Vendor Portal. We take no responsibility and assume no liability for any of your, or any other party’s, submissions.
11. TerminationWe reserve the right in our sole discretion, without penalty and at any time without notice, to modify or discontinue (temporarily or permanently) the Vendor’s access to the Vendor Portal or the Services, or any part thereof, if we believe the Vendor is violating these Terms. If the Vendor uses or attempts to use the Vendor Portal or Services for any purpose that contravenes these Terms (including without limitation tampering, hacking, data scraping, modifying, or otherwise corrupting the security or functionality of the Services), the Vendor may also be subject to civil and criminal liability. The parties acknowledge and agree that the Vendor Account and product information posted on our website are non-cancellable. We create our Vendor Product Listings from publicly available information in order to ensure a comprehensive picture of every segment of the software industry.
In the event of termination due to a breach of the Agreement on the part of SoftwareReviews.com the Vendor will review a pro rata refund of any unused fees.
12. Links to Third-Party SitesAny third-party sites that are linked to the Vendor Portal 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.
13. Governing LawThe Services are 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.
14. 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.
15. MiscellaneousBy using or accessing the Services, 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 Services and access to or use of any information obtained from the Services. These Terms shall supersede any prior agreements between you and SoftwareReviews.com relating to your use of the Services, but these Terms may be supplemented by any other agreement you enter into with SoftwareReviews.com. Any standard terms on your organization’s purchase orders are null and void unless incorporated under a written agreement between the parties.
