TERMS OF USE
Effective Date: March 1, 2014 (Updated April 17,
2023)
THE FOLLOWING DESCRIBES THE TERMS AND CONDITIONS ON WHICH
TECHNOLOGYADVICE OFFERS YOU ACCESS TO ITS SERVICES. PLEASE READ
THESE TERMS OF USE CAREFULLY BEFORE USING THIS WEBSITE.
TechnologyAdvice, LLC and its subsidiaries (collectively
"TechnologyAdvice") provides
this website ("Website") and the related services ("Services") to You
the user, whether an individual or organization ("User," "You," or "Your").
As a condition of Your use of the Services, You, the User, agrees to these
Terms of Use ("Agreement") without limitation or qualification along with
the TechnologyAdvice Privacy Policy, which is hereby incorporated into
this Agreement by reference. Should You not agree to the terms of this
Agreement, please do not use this Website or the related Services.
TechnologyAdvice may amend this Agreement from time to time by
posting new Terms of Use to the Website. Users are required to check
this Agreement for updates periodically and TechnologyAdvice and has
no obligation to inform Users of any amendments to the Agreement.
Any use by a User of the Website or Services after the new Terms of
Use are posted shall be deemed to constitute agreement by User to
the amended Agreement.
1. Access Eligibility. You must be at least
eighteen (18) years of age to register and use the Website and
Services. TechnologyAdvice's Services are available only to
individuals who can form legally binding contracts under applicable
law. TechnologyAdvice reserves the right to refuse access to, or use
of our Website or Services to anyone not complying with this
Agreement, at any time, in its sole discretion.
2. Registration/Your Account. You may browse the Website
without registering. However, You must register on the Website ("Registration")
in order to use all of the Services. During Registration, You will be
asked to provide information such as Your name, address, telephone number
and email address. You will also be asked to create an account consisting
of a User ID and password to identify Yourself in future visits to the
Website in addition to accepting the terms of this Agreement. It is YOUR
responsibility to maintain the confidentiality of Your User ID and password
and You agree to accept responsibility for all activities that occur under
Your Account. You may not transfer, assign or sell Your Account to any
third party. All of the information that You provide during Registration
is collected according to the terms of TechnologyAdvice's Privacy Policy
available at https://technologyadvice.com/privacy-policy/ . PLEASE NOTE: YOU MUST PROVIDE ACCURATE AND CURRENT INFORMATION TO
TECHNOLOGYADVICE. IF YOU PROVIDE ANY INFORMATION THAT IS FALSE,
MISLEADING, INACCURATE, NOT CURRENT OR INCOMPLETE DURING
REGISTRATION OR OTHERWISE, TECHNOLOGYADVICE RESERVES THE RIGHT TO
SUSPEND OR TERMINATE YOUR ACCOUNT AND REFUSE ANY AND ALL CURRENT OR
FUTURE USE OF THE SERVICE (OR ANY PORTION THEREOF). ANY ACTIVITIES
THAT ARE ILLEGALLY CARRIED ON WITHIN THE WEBSITE WILL BE REPORTED TO
THE APPROPRIATE FEDERAL, STATE OR LOCAL AUTHORITIES.
3. Electronic Communications. When You send e-mails to
TechnologyAdvice or visit the Website, You are communicating with TechnologyAdvice
electronically. By communicating with TechnologyAdvice via e-mail or by
submitting any request on the Website, You agree that TechnologyAdvice
may send e-mail to You and You consent to receive e-mail or other electronic
communications from TechnologyAdvice. Generally, TechnologyAdvice will
communicate with You by e-mail or by posting notices on this Website.
Nevertheless, if You request a demo, a price quote, or request more information
about a particular vendor; or provide TechnologyAdvice Your contact information,
You: (i) consent and agree to TechnologyAdvice contacting You by phone
at the phone number(s) You provided to TechnologyAdvice; and (ii) consent
to TechnologyAdvice recording or monitoring Your phone call for quality
assurance or training purposes. There will be no other or further warning
concerning TechnologyAdvice's recordation of calls between You and the
TechnologyAdvice staff. You agree that all agreements, notices, disclosures,
and other communications that TechnologyAdvice provides to You electronically
satisfy any legal requirement that such communications be in writing and/or
that they be sent to the recipient's last known address. Furthermore,
You agree and acknowledge that in the event that You request a demo, a
price quote, or request more information about a particular vendor, You
may not receive an immediate response and that it may take up to a full
day to receive a response to Your request. However, TechnologyAdvice makes
no guarantees regarding the actual response time to a request and cannot
guarantee that You will receive a response to Your request.
4. Term. This Agreement shall remain in full force and
effect while You are using the Website or Services whether You are a visitor
or a registered User. You may delete Your Account at any time, for any
or no reason, by sending Your request to info@technologyadvice.com. However,
please note that even if You delete Your Account but continue to use the
Services as a visitor, Your use of the Services is still subject to this
Agreement. TechnologyAdvice may terminate Your Account or rights to use
the Services for any or no reason at any time by ceasing to provide the
Services to You. You understand that termination of this Agreement and
the Account You have created with TechnologyAdvice may involve deletion
of Your Account information from TechnologyAdvice's live databases. TechnologyAdvice
will not have any liability whatsoever to You for any termination of Your
Account or related deletion of Your information.
5. Ownership of Services. You acknowledge that all the
intellectual property rights in the Website and Services (excluding any
User Provided Content as defined below) are owned by TechnologyAdvice
or its partners. You agree not to (a) reproduce, modify, publish, transmit,
distribute, publicly perform or display, sell, or create derivative works
based on the Website or Services or related Content and (b) rent, lease,
loan, or sell access to the Services. For this Agreement "Content" means
any work of authorship or information, including product reviews, vendor
reviews, product category taxonomy, comments, opinions, postings, messages,
text, files, images, photos, works of authorship, e-mail, or other material
whether created by TechnologyAdvice or by a User.
6. User Provided Content. Users may upload or provide
Content to the Website ("User Provided Content"). TechnologyAdvice does
not claim ownership in any User Provided Content, but by providing such
User Provided Content, You hereby grant to TechnologyAdvice an unrestricted,
irrevocable, perpetual, non-exclusive, fully-paid and royalty-free, license
(with the right to sublicense through unlimited levels of sublicensees)
to use, copy, perform, display, create derivative works of, and distribute
such User Provided Content in any and all media (now known or later developed)
throughout the world. TechnologyAdvice may modify or adapt User Provided
Content including without limitation in order to transmit, display or
distribute it over computer networks and in various media and/or make
changes to User Provided Content as necessary to conform and adapt them
to any requirements or limitations of any networks, devices, services
or media. You further agree that no compensation will be paid with respect
to You for the User Provided Content that You post through the Services.
You should only post Content to the Services that You are comfortable
sharing with others under the terms of this Agreement.
7. Third Party Content. The Website and
Services contains Content provided by Users and third parties, and
TechnologyAdvice does not control such Content. Therefore, You agree
that: (a) TechnologyAdvice is not responsible for any such Content,
including advertising and information about third party products or
service, employer, interview and salary-related information provided
by Users through product reviews, vendor reviews, and other forums;
and (b) TechnologyAdvice makes no guarantees about the accuracy,
currency, suitability, or quality of the information in such
Content, and TechnologyAdvice assumes no responsibility whatsoever
for unintended, objectionable, inaccurate, misleading, or unlawful
Content made available on the Website.
8. Grant of License. TechnologyAdvice, to the extent
it has such rights, hereby grants to You a limited, revocable, non-sublicensable
license to download, view, copy and print the Content on the Website solely
for Your personal use in connection with using the Service and for no
other purposes.
9. Third Party Links. This Website may be linked to other
websites that are not TechnologyAdvice sites (collectively, "Third Party
Sites"). Through agreements with third party vendors, TechnologyAdvice
may receive a commission when You follow a link to a Third Party Site.
These agreements may influence the placement and positioning of Third
Party Links on our Website. Certain areas of the Website may allow You
to interact with such Third Party Sites and, in certain situations, You
may be transferred to a Third Party Site through a link but it may appear
that You are still on the Website. In any case, You acknowledge and agree
that the Third Party Sites may have different privacy policies and terms
and conditions and/or user guides and business practices than TechnologyAdvice,
and You further acknowledge and agree that Your use of such Third Party
Sites is governed by the respective Third Party Site privacy policy and
terms and conditions and/or user guides. You hereby agree to comply with
any and all terms and conditions, users guides and privacy policies of
any of Third Party Sites. TechnologyAdvice is providing links to the Third
Party Sites to You as a convenience, and TechnologyAdvice does not verify,
make any representations or take responsibility for such Third Party Sites,
including, without limitation, the truthfulness, accuracy, quality or
completeness of the content, services, links displayed and/or any other
activities conducted on or through such Third Party Sites. YOU AGREE THAT
TECHNOLOGYADVICE WILL NOT, UNDER ANY CIRCUMSTANCES, BE RESPONSIBLE OR
LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY GOODS, SERVICES, INFORMATION,
RESOURCES AND/OR CONTENT AVAILABLE ON OR THROUGH ANY THIRD PARTY WEB SITES
AND/OR THIRD-PARTY DEALINGS OR COMMUNICATIONS, OR FOR ANY HARM RELATED
THERETO, OR FOR ANY DAMAGES OR LOSS CAUSED OR ALLEGED TO BE CAUSED BY
OR IN CONNECTION WITH YOUR USE OR RELIANCE ON THE CONTENT OR BUSINESS
PRACTICES OF ANY THIRD PARTY. ANY REFERENCE ON THE WEBSITE TO ANY PRODUCT,
SERVICE, PUBLICATION, INSTITUTION, ORGANIZATION OF ANY THIRD PARTY ENTITY
OR INDIVIDUAL DOES NOT CONSTITUTE OR IMPLY TECHNOLOGYADVICE'S ENDORSEMENT
OR RECOMMENDATION.
10. Linking and RSS feeds. TechnologyAdvice uses
hyperlinks to give the reader easy access to additional information
or original source material. TechnologyAdvice links directly to
external resources. Direct links save time for our readers. Where
space allows, we attribute the link to its source, to help readers
gauge for themselves the value of the content at the destination.
When linking to a TechnologyAdvice publication, please observe
similar practices. Note that TechnologyAdvice RSS feeds are
protected by U.S. and international copyright laws.
11. Interactions. Your interactions with other Users
on the Services or with advertisers, including payment and delivery of
goods or services, and any other terms, conditions, warranties or representations
associated with such dealings, are solely between You and the other User
or advertiser. You agree that TechnologyAdvice are not responsible for
any loss or damage incurred as the result of any such dealings or with
respect to any other User's use or disclosure of information about You
that You have provided to publicly available sections of the Services.
If there is a dispute between You and any third party (including any User),
TechnologyAdvice is under no obligation to become involved; however, TechnologyAdvice
reserves the right, but have no obligation, to monitor disputes between
You and other Users.
12. Use of User Information. You will not use any information
obtained from the Services in order to harass, abuse, or harm another
person, or in order to contact, advertise to, solicit, or sell to any
User without their prior explicit consent. In order to protect Users from
such advertising or solicitation, TechnologyAdvice reserves the right
to restrict the number of communications which a User may send to other
Users and the sharing of any Content in any period to a number and amount
which TechnologyAdvice deems appropriate in its sole discretion.
13. Responsibilities Regarding User Provided Content. You are responsible for the information, opinions, evaluations, reviews,
ratings, messages, comments, photos, videos, graphics, sounds and other
content or material that You submit, upload, post or otherwise make available
as part of User Provided Content. By submitting User Provided Content,
You represent and warrant that (1) You are the sole author of the User
Provided Content and owner of the intellectual property rights thereto;
(2) if You provided a review, evaluation or opinion of a product or service,
You are not an employee, contractor, agent, channel partner or director
of the vendor of such product or service or its affiliate and otherwise
have no pecuniary interest in such vendor, product or service; (3) Your
submission is accurate to the best of Your knowledge; and (4) You are
not violating any confidentiality, non-disclosure, or contractual obligations
You might have towards a third party, including without limitation Your
current or former employer or any vendor with whom You have obligations
of confidentiality. You may not upload, post or otherwise make available
on this Website any material protected by copyright, trademark, or any
other proprietary right without the express permission of the owner of
such copyright, trademark or other proprietary right owned by a third
party, and the burden of determining whether any material is protected
by any such right is on You. You shall be solely liable for any damage
resulting from any infringement of copyrights, trademarks, proprietary
rights, violation of contract, privacy or publicity rights or any other
harm resulting from any User Provided Content that You provide. You have
full responsibility for User Provided Content that You submit, including
its legality, reliability and appropriateness.
14. Prohibited Content. You agree that You
will not post any Prohibited Content or use any Prohibited Content
in connection with the Services. "Prohibited Content" is Content
that: (i) is offensive or promotes racism, bigotry, hatred or
physical harm of any kind against any group or individual, or is
pornographic or sexually explicit in nature; (ii) bullies, harasses
or advocates stalking, bullying, or harassment of another person;
(iii) involves the transmission of "junk mail," "chain letters,"
unsolicited mass mailing, or "spamming"; (iv) is false or misleading
or promotes, endorses or furthers illegal activities or conduct that
is abusive, threatening, obscene, defamatory or libelous; (v)
promotes, copies, performs or distributes an illegal or unauthorized
copy of another person's work that is protected by copyright or
trade secret law, such as providing pirated computer programs or
links to them, providing information to circumvent
manufacturer-installed copy-protection devices, or providing pirated
music, videos, or movies, or links to such pirated music, videos, or
movies; (vi) is involved in the exploitation of persons under the
age of eighteen (18) in a sexual or violent manner, or solicits
personal information from anyone under eighteen (18); (vii) provides
instructional information about illegal activities such as making or
buying illegal weapons, violating someone's privacy, or providing or
creating computer viruses and other harmful code; (viii) solicits
passwords or personally identifying information for commercial or
unlawful purposes from other Users; (ix) except as expressly
approved by TechnologyAdvice, involves commercial activities and/or
promotions such as contests, sweepstakes, barter, advertising, or
pyramid schemes; (x) contains viruses, Trojan horses, worms, time
bombs, cancelbots, corrupted files, or similar software; (xi) posts
or distributes information which would violate any confidentiality,
non-disclosure or other contractual restrictions or rights of any
third party, including any current or former employers or potential
employers; or (xii) otherwise violates the terms of this Agreement
or creates liability for TechnologyAdvice.
15. Violation of this Agreement. Any use of the Website
or Services in violation of this Agreement may result in, among other
consequences, termination or suspension of Your Account and rights to
use the Services. TechnologyAdvice may disclose information about Your
use of the Services in accordance with TechnologyAdvice's privacy policy.
TechnologyAdvice has the right (but not the obligation) to review any
Content and delete (or modify) any Content that in TechnologyAdvice's
sole discretion violates this Agreement or which is Prohibited Content,
or may otherwise violate the rights, harm, or threaten the safety of any
User or any other person, or create liability for TechnologyAdvice or
any User. TechnologyAdvice reserves the right (but has no obligation)
to investigate and take appropriate legal action in TechnologyAdvice's
sole discretion against You if You violate this provision or any other
provision of this Agreement, including without limitation, removing Content
from the Services or modifying it, terminating Your Account, reporting
You to law enforcement authorities, and taking legal action against You.
You are solely responsible for creating backup copies of and replacing
any Content You post on the Services at Your sole cost and expense.
16. Lawful Use. You will use the Website and
Services in a manner consistent with any and all applicable laws and
regulations and solely for lawful purposes. The Services are for the
personal use of Users only.
17. No Disruption. You will not: (i) cover or
obscure any banner advertisements on the Services, or any IT Central
Station page via HTML/CSS, scripting, or any other means; (ii)
interfere with, disrupt, or create an undue burden on the Services
or the networks or services connected to the Services; (iii)
introduce software or automated agents to the Services, or access
the Service so as to produce multiple accounts, generate automated
messages, or to strip or mine data from the Services; or (iv)
interfere with, disrupt, or modify any data or functionality of the
Services.
18. Intellectual Property Infringement.
TechnologyAdvice respects the intellectual property rights of others,
and TechnologyAdvice asks Users to do the same. If You believe that Your
work is the subject of copyright infringement and/or trademark infringement
and appears on the Website, please provide TechnologyAdvice's designated
agent the following information:
-
A physical or electronic signature of a person authorized to act
on behalf of the owner of an exclusive right that is allegedly
infringed.
-
Identification of the copyrighted and/or trademarked work
claimed to have been infringed, or, if multiple works at a
single online site are covered by a single notification, a
representative list of such works at that site.
-
Identification of the material that is claimed to be infringing
or to be the subject of infringing activity and that is to be
removed or access to which is to be disabled at the Website, and
information reasonably sufficient to permit TechnologyAdvice to
locate the material.
-
Information reasonably sufficient to permit TechnologyAdvice to
contact You as the complaining party, such as an address,
telephone number, and, if available, an electronic mail address
at which You may be contacted.
-
A statement that You have a good faith belief that use of the
material in the manner complained of is not authorized by the
copyright and/or trademark owner, its agent, or the law.
-
A statement that the information in the notification is
accurate, and under penalty of perjury, that You are authorized
to act on behalf of the owner of an exclusive right that is
allegedly infringed.
-
TechnologyAdvice agent for notice of claims of copyright or
trademark infringement on this Website can be reached as
follows:
TechnologyAdvice
Att: Legal Department
3343 Perimeter Hill
Drive, Suite 215
Nashville, TN 37211
or email us at
legal@technologyadvice.com
Please also note that for copyright infringements under Section
512(f) of the Copyright Act, any person who knowingly materially
misrepresents that material or activity is infringing may be subject
to liability.
19. Disclaimer of Warranties. YOU EXPRESSLY UNDERSTAND
AND AGREE THAT THE USE OF THE WEBSITE AND SERVICES IS AT YOUR SOLE RISK.
THE SERVICES ARE PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. TECHNOLOGYADVICE
EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED,
INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY
AND FITNESS FOR A PARTICULAR PURPOSE. TECHNOLOGYADVICE MAKES NO PROMISES
REGARDING RESULTS OF USING THE SERVICES AND TECHNOLOGYADVICE MAKES NO
WARRANTY THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR VIRUS
FREE. USE OF ANY APPLICATION THROUGH THE USE OF THE SERVICES SHALL BE
AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR
ANY DAMAGE TO YOUR COMPUTER SYSTEM, MOBILE TELEPHONE, WIRELESS DEVICE
OR DATA THAT RESULTS FROM THE USE OF THE SERVICES. SOME JURISDICTIONS
DO NOT ALLOW THE DISCLAIMER OF WARRANTIES OR EXCLUSION OF DAMAGES, SO
SUCH DISCLAIMERS AND EXCLUSIONS MAY NOT APPLY TO YOU.
20. Assumption of Risk. YOU AGREE AND ACKNOWLEDGE THAT
TECHNOLOGYADVICE MAKES NO WARRANTY REGARDING THE PERFORMANCE OF ANY VENDOR,
THE QUALITY OF SERVICES OFFERED BY A VENDOR, OR THE QUALITY OF GOODS SOLD
BY VENDOR LOCATED THROUGH THIS WEBSITE. YOU UNDERSTAND THAT YOU ARE ASSUMING
ALL RISK WHEN ENTERING INTO A TRANSACTION WITH A VENDOR, AND TECHNOLOGYADVICE
ASSUMES NOT LIABILITY WHATSOEVER REGARDING THE RESULTS OF SUCH TRANSACTION.
21. Limitation of Liability. YOU AGREE THAT THIS WEBSITE,
TECHNOLOGYADVICE, ITS OWNERS, OFFICERS, AND EMPLOYEES SHALL IN NO WAY
BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE,
OR OTHER LOSS OR DAMAGE WHATSOEVER OR FOR LOSS OF PROFITS, BUSINESS INTERRUPTION,
COMPUTER FAILURE, LOSS OF INFORMATION, OR OTHER LOSS ARISING OUT OF OR
CAUSED BY: YOUR USE OF OR INABILITY TO USE THE SERVICES; YOUR RELIANCE
ON THE QUALITY, ACCURACY, OR RELIABILITY OF THE LISTINGS, RATINGS, OR
REVIEWS FOUND ON THIS WEBSITE; THE SAFETY OR SECURITY OF THE SERVICES;
OR IN ANY OTHER WAY ARISING FROM THE SERVICES OR GOODS PURCHASED FROM
A VENDOR LOCATED THROUGH THIS WEBSITE, EVEN IF TECHNOLOGYADVICE HAS BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. YOUR SOLE AND EXCLUSIVE REMEDY
FOR ANY DISPUTE RELATED TO ANY OF THE SERVICES SHALL BE TERMINATION OF
SUCH SERVICE. IN NO EVENT SHALL TECHNOLOGYADVICE'S ENTIRE LIABILITY TO
YOU IN RESPECT OF ANY SERVICE, WHETHER DIRECT OR INDIRECT, EXCEED THE
GREATER OF (A) THE AMOUNT OF FEES PAID TO TECHNOLOGYADVICE IN THE 12 MONTHS
PRIOR TO THE ACTION GIVING RISE TO THE LIABILITY, OR (B) $100.
22. Indemnification. You agree to indemnify and hold
harmless this Website, TechnologyAdvice, its officers, directors, employees,
suppliers, and affiliates, from and against any losses, damages, fines
and expenses (including attorney's fees and costs) arising out of or relating
to any claims that You have used the Services in violation of another
party's rights, in violation of any law, in violations of any provisions
of this Agreement, or any other claim related to Your use of the Services.
23. Governing Law and Venue. Your use of the Website
and this Agreement shall be governed by the laws of the State of Tennessee
where permitted. Should a dispute arise concerning this Agreement or the
breach of this Agreement by any party, such dispute shall be brought in
a court of competent jurisdiction in Williamson County, Tennessee. To
the extent permitted by law, You agree that You will not bring, join or
participate in any class action lawsuit as to any claim, dispute or controversy
that You may have against TechnologyAdvice. You agree to the entry of
injunctive relief to stop such a lawsuit or to remove You as a participant
in the suit.
24. Attorneys' Fees. In the event that TechnologyAdvice
must bring legal action in order to enforce this Agreement or You bring
legal action against TechnologyAdvice, and if TechnologyAdvice prevails,
You shall pay TechnologyAdvice's costs of litigation, including reasonable
attorneys' fees and court costs.
25. Assignment. These Terms, and any rights and licenses
granted hereunder, may not be transferred or assigned by You, but may
be assigned by TechnologyAdvice without restriction.
26. Force Majeure. Any delay in the
performance of any duties or obligations of either party will not be
considered a breach of this Agreement if such delay is caused by a
labor dispute, shortage of materials, fire, earthquake, flood, war,
terrorism, governmental act, failures of common carriers (including
Internet service providers), acts of God, or any other event beyond
the control of such party, provided that such party uses reasonable
efforts, under the circumstances, to notify the other party of the
circumstances causing the delay and to resume performance as soon as
possible.
PRODUCT LISTING TERMS AND CONDITIONS
TechnologyAdvice provides free product listings for software
vendors to encourage crowdsourced reviews and improve the
authority of our 87 software categories. While these
listings are unbiased, we reserve the right to deny this service to
any vendor at our own discretion, based on TechnologyAdvice
editorial standards and the expectations of our readers.
Failure to meet one or more of the following requirements may
lead to a denial of your product listing:
- Your product is designed for business use: We do
not offer product listings for consumer-facing technology such as
personal mobile apps, social media platforms, budgeting tools, graphic
design programs, or consumer hardware. Your software must have a direct
application in the business world and primarily target business users.
- Your product fits into one of our established
categories: If your software does not fit into one of our
87 established software categories, it is not likely a good
fit for our audience. The process for building new
categories is driven by market demand, not individual sellers.
- Your product has a clearly discernible purpose and value
proposition: We only list products that offer clearly articulated
value for their intended user base (e.g. CRM software for
salespeople; bug tracking software for developers).
- Your product has an up-to-date website: Part of our due diligence process is to research each
vendor online, browse their website, and read their marketing
materials. If the state of that website or the information
presented therein gives reason to question credibility, we may
deny your request.
