COMPANY CONTENT: the Website and Services, including without limitation the Domain Names and Company Content of Company and all our Affiliates, along with all intellectual property rights therein.
SERVICES: the Website and Content of Company and the services provided therein, including without limitation: free user services, applications and tools.
USERS: those individuals who access the Website and use the Services.
USER CONTENT: the content submitted by Users in the context of using the Website or the Services.
WEBSITE: the online location where Company provides its Services and posts its Content, which includes without limitation services provided at or using the following domains: www.capterra.com, www.softwareadvice.com, www.getapp.com and such other or successor domain names as may be operated, acquired or used from time to time by Company and its Affiliates.
The Website and Services are intended solely for Users who are 18 years of age or older. Any access to or use of the Website or Services by anyone under 18 is expressly prohibited. By accessing or using the Website or Services you represent and warrant that you are 18 years of age or older.
While certain portions of the Website may be accessed and used without creating a User Account, you must create a User Account in order to access the full functionality of the Website and Services. This specifically applies to Users who want to write and post reviews.
USE OF WEBSITE:
While using the Website and Services, You Are Responsible for Your Actions and for All Content You Post.
By accessing and using the Website and Services, You Represent and Warrant:
SUBMISSION OF USER REVIEWS:
We welcome your feedback! Our Website and Services are powered by your User Reviews. When submitting User Reviews, you acknowledge and agree to adhere to the following rules:
INTELLECTUAL PROPERTY RIGHTS:
The Website includes a combination of content that we create, that our partners or advertisers create, and that our Users create. This section sets out the ownership and usage rights for each type of content.
YOUR CONTENT: You are solely responsible for all content, whether publicly posted or privately transmitted, that you upload, post, e-mail, transmit, or otherwise make available on the Website, including without limitation user reviews ("Your Content"). You certify that you own all intellectual property rights in Your Content. You hereby grant us, our parent company and affiliates and our partners a worldwide, irrevocable, royalty-free, nonexclusive, sub-licensable license to use, reproduce, create derivative works of, publicly communicate and distribute Your Content and subsequent versions of Your Content for use in the ordinary course of our business, including without limitation, displaying Your Content on the Website and making Your Content available, either electronically or via other media, to Users.
All intellectual property rights not expressly granted hereunder are expressly reserved to Company and to the respective owners of such rights.
COPYRIGHT INFRINGEMENT CLAIMS:
Company respects the intellectual property rights of others and will not tolerate infringing activity on the Website. If you are a copyright owner or agent, and you believe your rights under applicable Copyright laws are being infringed by Company or another person or entity using the Website or Services, then you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") (17 U.S.C. § 512) by providing Company’s Designated Copyright Agent at DMCAagent@capterra.com with the following information in writing:
Company reserves the right to seek damages from any person who knowingly materially submits a notification claim under this section in violation of the law.
PRIVACY AND SECURITY:
By communicating with us via e-mail or by submitting any request on the Website, you consent to receive e-mail or other electronic communications from Company, our parent company and our Affiliates.
You shall not: (a) access data or materials not intended for you; (b) log into a server or account which you are not authorized to access; (c) attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; or (d) attempt to interfere with service to any user, host or network.
By accessing and using the Website, you understand and accept the risk that data and communications, including e-mail and other electronic communications, may be accessed by unauthorized third parties when communicated over the Internet.
YOUR USE OF THE WEBSITE AND SERVICES IS AT YOUR OWN RISK. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE WEBSITE AND SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION: ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF THIRD PARTY INTELLECTUAL PROPERTY RIGHTS, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, ACCURACY OF INFORMATIONAL CONTENT OR SYSTEM INTEGRATION. WE DO NOT WARRANT THAT THE SITE WILL BE AVAILABLE OR OPERATE IN AN UNINTERRUPTED OR ERROR-FREE MANNER OR THAT ERRORS OR DEFECTS WILL BE CORRECTED OR THAT THE CONTENT ON THE WEBSITE IS ACCURATE OR APPROPRIATE FOR YOU.
Note: As some jurisdictions do not allow exclusion of implied warranties, the above exclusions may not apply to you.
You understand that certain Services on the Website may include materials and information from third parties and links to other web sites and resources over which Company has minimal control. Your use of those third party websites is subject to their terms and conditions and you agree that Company is not responsible or liable for any loss or damage incurred as the result of your transactions with such third parties.
LIMITATION OF LIABILITY:
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.
COMPANY EXPRESSLY DISCLAIMS LIABILITY FOR ANY AND ALL DISPUTES ARISING BETWEEN USERS OF THE WEBSITE OR SERVICES. BY USING THE WEBSITE AND SERVICES, YOU RELEASE COMPANY, ITS PARENT COMPANY AND AFFILIATES FROM ALL LIABILITY FOR CLAIMS ARISING FROM SUCH DISPUTES.
Termination of Your Account. You may terminate your Account at any time by sending an email request to firstname.lastname@example.org. We will aim to remove your account within 2 (two) business days. If you terminate your Account, you may still be able to access certain portions of the Website and Services, but you will not have access to the full functionality. We may terminate your Account, or impose limits on or restrict your access to parts or all of the Website or the Services at any time, without notice or liability.
WAIVER AND SEVERABILITY:
LAST UPDATED: JANUARY 2016