Effective Date: March 1, 2014
Access Eligibility. You must be at least eighteen (18) years of age to register and use the Website and Services. SoftwarePundit's Services are available only to individuals who can form legally binding contracts under applicable law. SoftwarePundit 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.
Electronic Communications. When You send e-mails to SoftwarePundit or visit the Website, You are communicating with SoftwarePundit electronically. By communicating with SoftwarePundit via e-mail or by submitting any request on the Website, You agree that SoftwarePundit may send e-mail to You and You consent to receive e-mail or other electronic communications from SoftwarePundit. Generally, SoftwarePundit 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 SoftwarePundit Your contact information, You: (i) consent and agree to SoftwarePundit contacting You by phone at the phone number(s) You provided to SoftwarePundit; and (ii) consent to SoftwarePundit recording or monitoring Your phone call for quality assurance or training purposes. There will be no other or further warning concerning SoftwarePundit's recordation of calls between You and the SoftwarePundit staff. You agree that all agreements, notices, disclosures, and other communications that SoftwarePundit 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, SoftwarePundit makes no guarantees regarding the actual response time to a request and cannot guarantee that You will receive a response to Your request.
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 [email protected]. 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. SoftwarePundit 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 SoftwarePundit may involve deletion of Your Account information from SoftwarePundit's live databases. SoftwarePundit will not have any liability whatsoever to You for any termination of Your Account or related deletion of Your information.
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 SoftwarePundit 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 SoftwarePundit or by a User.
User Provided Content. Users may upload or provide Content to the Website ("User Provided Content"). SoftwarePundit does not claim ownership in any User Provided Content, but by providing such User Provided Content, You hereby grant to SoftwarePundit 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. SoftwarePundit 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.
Third Party Content. The Website and Services contains Content provided by Users and third parties, and SoftwarePundit does not control such Content. Therefore, You agree that: (a) SoftwarePundit 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) SoftwarePundit makes no guarantees about the accuracy, currency, suitability, or quality of the information in such Content, and SoftwarePundit assumes no responsibility whatsoever for unintended, objectionable, inaccurate, misleading, or unlawful Content made available on the Website.
Grant of License. SoftwarePundit, 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.
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 SoftwarePundit 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), SoftwarePundit is under no obligation to become involved; however, SoftwarePundit reserves the right, but have no obligation, to monitor disputes between You and other Users.
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, SoftwarePundit 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 SoftwarePundit deems appropriate in its sole discretion.
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.
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 SoftwarePundit, 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 SoftwarePundit.
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.
16.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.
- Intellectual Property Infringement. SoftwarePundit respects the intellectual property rights of others, and SoftwarePundit 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 SoftwarePundit'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 SoftwarePundit to locate the material. Information reasonably sufficient to permit SoftwarePundit 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. SoftwarePundit agent for notice of claims of copyright or trademark infringement on this Website can be reached as follows: SoftwarePundit Attention: Legal Department 3343 Perimeter Hill Drive, Suite 100 Nashville, TN 37211 or [email protected]
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.
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. SOFTWAREPUNDIT 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. SOFTWAREPUNDIT MAKES NO PROMISES REGARDING RESULTS OF USING THE SERVICES AND SOFTWAREPUNDIT 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.
Assumption of Risk. YOU AGREE AND ACKNOWLEDGE THAT SOFTWAREPUNDIT 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 SOFTWAREPUNDIT ASSUMES NOT LIABILITY WHATSOEVER REGARDING THE RESULTS OF SUCH TRANSACTION.
Limitation of Liability. YOU AGREE THAT THIS WEBSITE, SOFTWAREPUNDIT, 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 SOFTWAREPUNDIT 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 SOFTWAREPUNDIT'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 SOFTWAREPUNDIT IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO THE LIABILITY, OR (B) $100.
Indemnification. You agree to indemnify and hold harmless this Website, SoftwarePundit, 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.
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 SoftwarePundit. You agree to the entry of injunctive relief to stop such a lawsuit or to remove You as a participant in the suit.
Attorneys' Fees. In the event that SoftwarePundit must bring legal action in order to enforce this Agreement or You bring legal action against SoftwarePundit, and if SoftwarePundit prevails, You shall pay SoftwarePundit's costs of litigation, including reasonable attorneys' fees and court costs.
Assignment. These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by You, but may be assigned by SoftwarePundit without restriction.
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.