3. OWNERSHIP. All content on the Marketing Automation Software web site, including (but not limited to), text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, software, and the compilation of any of the foregoing, is the property of Software Advice, our licensors or Advisors, or our Vendors and is protected by United States and international copyright laws. Except to the minimum extent otherwise expressly permitted under copyright law, no copying, reproduction, modification, use, distribution, or display of the material herein or thereon (regardless of the form or media and whether by download or otherwise) is permitted without the express written permission of Software Advice and any other applicable copyright owner.
4. TRADEMARKS. The name "Software Advice", and any and all logos and designs connected thereto or associated therewith, and the names and logos of our Vendors ("Trademarks") are the exclusive property of Software Advice and/or the Vendors or Advisors and are protected by federal and state law. You may not use the Trademarks in any way, including, but not limited to, use as meta tags or any other "hidden text", without the express written consent of Software Advice or the applicable Advisor or Vendor.
5. LIMITED LICENSE AND PROHIBITED ACTIVITIES. You have a limited right and license to access the Website for your own specific business or personal use. You may not modify any page on our Website. This limited license strictly prohibits any resale or commercial use of any page on our Website, including any collection or use of any product listings, descriptions, or prices; any derivative use of the Website or any page thereon or associated therewith; any downloading or copying of account information; and any use of data mining, robots, or similar data gathering and extraction tools. You may not reproduce, duplicate, copy, sell, resell, or otherwise exploit any page on the Website for any commercial purpose without the express written consent of Software Advice. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of the Website or our Vendors without our express written consent. Any unauthorized use terminates the permission or license granted by Software Advice and may result in termination of your access to and use of the Website.
In addition, you represent and warrant that any and all information you post or otherwise provide to Software Advice by means of the Website, including, without limitation, as part of any registration or application or to gain access to any Services, is true, accurate, not misleading, and offered in good faith. Any information disclosed to you via the Services may be used only for its intended purpose. Software Advice expects that you will exercise caution, good sense and proper judgment in using the Services. You can be held liable for any illegal or prohibited content that you provide to Software Advice or to other users, including, for example, infringing, defamatory, or offensive materials. You may not, and hereby represent and warrant that you will not, post, transmit, e-mail, or otherwise make accessible on or through the Website content that:
- Is unlawful, harmful, threatening, tortious, defamatory, libelous, abusive, disparaging, pedophilic, pornographic, obscene, invasive of another's privacy, hateful, or malicious;
- Contains hate propaganda or promotes discrimination or violence against any people on account of their race, national origin, religion, age, gender, disability, or sexual orientation;
- Is or could be harmful to minors;
- Involves the transmission of "junk mail," "chain letters," or unsolicited mass mailing (or "spamming");
- Promotes information that you know (or, through the exercise of ordinary care, should have known) is false, misleading, or promotes illegal activities or conduct;
- Infringes any patent, copyright, trademark, service mark, trade secret, or other proprietary right of any other party;
- Provides material that exploits people under the age of 18 in a sexual or violent manner, or solicits personal information from anyone under 18;
- Provides instructional information about illegal activities;
- Contains a software virus or any other code, files, or programs that are designed to or have the ability to interrupt, destroy, disable, compromise, or otherwise limit the functionality of any computer programs or hardware or telecommunications equipment whether owned by Software Advice or any other person or party;
- Solicits passwords, or personally identifying information for commercial or unlawful purposes from other users; or
- Otherwise violates any local, state, national, or other applicable law or regulation.
In addition, you may not, in connection with the Website:
- Impersonate any person or entity, including a Software Advice officer or employee, or falsely misrepresent your identification or affiliation in any other way;
- Forge headers or otherwise manipulate identifiers for the purpose of disguising the origin of any content posted or transmitted through or on this Website;
- Disrupt the ordinary flow and operation of any portion of this Website;
- Interfere with or disrupt this Website or any server or network involved with the operation of this Website;
- Stalk or harass any other person; or
- Collect or "harvest" from this Website the names of other users for the purpose of transmitting to those other users unsolicited commercial messages.
8. COPYRIGHT COMPLAINTS. Software Advice respects the intellectual property rights of others. If you believe that your work has been copied or used in a way that constitutes copyright infringement, you may notify our designated agent by clicking here and following the posted instructions. [See Notice and Procedure for Making Claims of Copyright Infringement Addendum, here].
9. RISK OF LOSS. Any products or service that you license, purchase, or otherwise acquire from or through Software Advice are made pursuant to your contract with the particular Vendor from whom you license, purchase, lease, or otherwise acquire the products or service. Software Advice takes no responsibility and assumes no liability for any product or service that you license, purchase, or otherwise acquire from a Vendor at or through this Website and/or Software Advice. Any remedy you may have is exclusively against the Vendor from whom you licensed, purchased, or otherwise acquired any product or service.
10. PRODUCT AND SERVICE DESCRIPTIONS. Software Advice and its Vendors attempt to be as accurate as possible when describing any Services and/or Vendor products. Software Advice, however, makes no representations or warranties that the Service and/or product descriptions or any other content on this Website is accurate, complete, reliable, current, or error-free.
11. VENDOR WEBSITES. Software Advice's Vendors license and sell products and services on or through Software Advice or the Website. Software Advice may provide links to Vendors' websites. Software Advice is not responsible for examining or evaluating, and does not warrant the products or services of, any Vendor or the page of their websites. Software Advice does not assume any responsibility or liability for the actions, products, or services of such Vendors or the page of their Websites. You should carefully review all Vendors' privacy statements and other conditions of use on their websites before you license, lease, purchase, or otherwise acquire any product or service.
12. DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY AND INDEMNITY. Software Advice, this Website and the Services ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. SOFTWARE ADVICE MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS WEBSITE OR THE INFORMATION, CONTENT, MATERIALS, SERVICES OR PRODUCTS INCLUDED ON OR DESCRIBED IN THIS WEBSITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS WEBSITE IS AT YOUR SOLE RISK.
THIS LIMITATION OF LIABILITY APPLIES TO ALL LIABILITIES IN THE AGGREGATE, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM YOUR USE OR YOUR INABILITY TO USE THIS WEBSITE OR DERIVE BENEFIT FROM THE SERVICES, OR ANY OTHER MATTER ARISING FROM OR RELATING TO THIS WEBSITE OR THE SERVICES. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
You agree to indemnify and hold Software Advice and its affiliates harmless, and, at Software Advice’s request, to defend Software Advice and its affiliates from and against any allegation, claim, demand, cause of action, debt, loss or liability, including reasonable attorneys’ fees, to the extent that such action is based upon, arises out of, or relates to your use (or inability to use) of this Website or any of the Services or any other activities of yours through using this Website or the Services.
16. OUR ADDRESS.
Software Advice, Inc.
200 Academy Drive, Suite 120
Austin, TX 78704
BY USING OR ACCESSING THIS SITE, YOU AGREE TO BE BOUND LEGALLY BY ALL OF THE FOREGOING TERMS AND CONDITIONS.