Please take the time to read these Terms carefully. The Terms describe how you may use access 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 posted constitutes your acceptance of the updated Terms.
In these Terms, “us”, “we”, “our” and SoftwareReviews.com refer to SoftwareReviews.com Inc., an Ontario 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 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 Services
The 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 your product and other vendors in your 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 your efforts at bidding and winning new business; (6) access visually stunning reports, 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 Content
Upon 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:
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:
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. Privacy
SoftwareRevews.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 email@example.com.
We grant to Vendor a worldwide, revocable, royalty-free, non-exclusive license to use, view and download the Services for 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, 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, sub-licensable, royalty-free right to use, adapt, modify, translate, reproduce, distribute, display and publish such content as we choose.7. Vendor IP
Except for product information lawfully collected or created by us, 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 perpetual, worldwide, irrevocable, royalty-free, non-exclusive, sub-licensable license (i) to use, display and translate the Vendor IP in the ordinary course of its business (ii) to advertise, market, promote and publicize 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.
Product Listing. SoftwareReviews.com retains all right, title and interest in and to the Services it creates from publicly available content and grants to 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 Waiver
We 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 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 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 RESPONSIBILTY 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 AGAINT 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.
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 Liability
TO 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 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 this 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 INTERUPTION, 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. 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.com
When you contribute submissions or otherwise submit or post content to us or to the Vendor Portal, you warrant that:
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:
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. Termination
We reserve the right in our sole discretion, without penalty and at any time without notice, to modify or discontinue (temporarily or permanently) Vendor’s access to the Vendor Portal or the Services, or any part thereof if we believe that Vendor is violating these Terms. If 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), 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.12. Links to Third-Party Sites
Any 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 Law
The 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 Interpretation
If 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. Miscellaneous