THESE TERMS AND CONDITIONS (“TERMS”) ARE A LEGAL CONTRACT BETWEEN YOU AND TRUSTRADIUS. THE TERMS EXPLAIN HOW YOU ARE PERMITTED TO USE THE WEBSITE LOCATED AT THE URL: HTTP://WWW.TRUSTRADIUS.COM AS WELL AS ALL ASSOCIATED SITES LINKED TO HTTP://WWW.TRUSTRADIUS.COM BY TRUSTRADIUS, ITS SUBSIDIARIES AND AFFILIATED COMPANIES (COLLECTIVELY, THE "SITE") AND THE PRODUCTS AND SERVICES OFFERED ON THE SITE ("SERVICES"). BY USING THIS SITE OR THE SERVICES, YOU ARE AGREEING TO ALL THE TERMS; IF YOU DO NOT AGREE WITH ANY OF THESE TERMS, DO NOT ACCESS OR OTHERWISE USE THIS SITE OR ANY INFORMATION CONTAINED ON THIS SITE.
TrustRadius may make changes to the content offered on this site at any time. TrustRadius can change, update, or add or remove provisions of these terms, at any time by posting the updated terms on this site and, if you have registered for an account with TrustRadius, by providing notification when you log into this Site or, if you have registered for an account with us, by sending notice to the email address associated with your account in our records. Following such changes, you will be required to verify that you have read and agree to the revised terms before you can make additional Submissions to the Site. By using this Site after TrustRadius has updated the Terms, you are agreeing to all the updated Terms; if you do not agree with any of the updated Terms, you must stop using the Site.
The use of certain Services available on the Site may be governed by separate expressly-designated legal notices or terms to which you must agree before using such Services. These expressly-designated legal notices or terms are incorporated into these terms and supersede any provision(s) of these terms that are expressly designated as being superseded.
These terms were last updated on July 8, 2016.
By using this site, you represent, acknowledge and agree that you are at least 18 years of age. If you are not at least 18 years old, you may not use the Site at any time or in any manner or submit any information to TrustRadius or the Site.
TrustRadius provides content through this Site that is copyrighted and/or trademarked work of TrustRadius or TrustRadius's third-party licensors and suppliers or other users of the Site (collectively, the “Materials”). Materials may include logos, graphics, video, images, software and other content.
Subject to these Terms, and your compliance with these Terms, TrustRadius hereby grants you a limited, personal, non-exclusive, non-sub-licensable and non-transferable license to use and to display the Materials and to use this Site, in each case solely for your personal or internal business use. Unless permitted under separate terms to which you agree in connection with your use of specific Services on the Site, you agree not to use the Site or the Materials for any commercial purpose. Except for the foregoing license, you have no other rights to the Site or any Materials (excluding any submissions provided by you as set forth below) and you may not modify, edit, copy, distribute, reproduce, publish, display, perform, license, sell, rent, lease, loan, create derivative works of, reverse engineer, alter, enhance, provide access to or in any way exploit any of the Site, Services, or Materials in any manner.
If you breach any of these Terms, the above license will terminate automatically and you must immediately destroy any downloaded or printed Materials.
Using the Site and the Services on the Site
You can simply view the Site. You need not register with TrustRadius to simply visit and view the Site and a limited amount of the Materials.
However, in order to access more Materials or certain password-restricted areas of the Site (such as forums, contributing Materials including reviews, commenting on reviews, providing ratings, tagging Materials and accessing current or future features of the Site) and to use certain Services and Materials offered on and through the Site, you must register with TrustRadius for an account.
Areas of this Site Requiring Login
If you desire to register for an account with TrustRadius, you may do so in two ways:
(i) You may register directly with TrustRadius by submitting your e-mail address and password through the account registration page on the Site. You will also have the ability to provide additional optional information, such as a photo image, a "headline" describing yourself, name, country, city, state, industry, job type, department, expertise, or other demographic data. This additional optional information is not required to register for an account but may be helpful to TrustRadius in providing you with a more customized experience when using the Site or its Services.
(ii) You may also register for an account on the Site using your existing account and log-in credentials through LinkedIn™ and other social media sites which may change from time to time (each, a "Third-Party Site Password"). By using such other account and/or credentials you are consenting to TrustRadius's retention and use, and such Third Party Sites' disclosure, of the account, credentials and other populated profile information that you submit, allow TrustRadius to access additional features (for example, that may require access to your list of connections), you will be prompted to provide a higher level of permission. Access to certain features and/or functionality of the Site may require that you register with a Third-Party Site Password.
Once you have submitted your account registration information, TrustRadius administrator shall have the right to approve or reject the requested registration, at TrustRadius administrator's sole discretion.
You are responsible for maintaining the confidentiality of your TrustRadius Password and any Third Party Site Password (collectively, "Passwords”), and you are responsible for all activities that occur using your Passwords. You agree not to share your Passwords, let others access or use your Passwords or do anything else that might jeopardize the security of your Passwords. You agree to notify TrustRadius if any of your Passwords on this Site is lost, stolen, if you are aware of any unauthorized use of your Passwords on this Site or if you know of any other breach of security in relation to this Site.
All the information that you provide when registering for an account, indirectly from the authentication process with Third Party Sites and otherwise through the Site ("Profile Information") must be accurate, complete, and up-to-date. You will not attempt to impersonate another user or person. You may change, correct, or remove any information from your account by either logging into your account directly and making the desired changes or contacting TrustRadius using the contact information at the end of these Terms requesting that we make the change. If you utilized the account and/or log-in credentials of a third-party site accepted by TrustRadius, you can modify that third-party site account information and credentials using the processes in place for such Third Party Site.
You agree to pay all applicable fees related to your use of our Site and Services, all of which are described fully on the Site or as otherwise communicated by us. All payments will be made in US Dollars. We may suspend or terminate your account and/or access to the Site and/or Services if your payment is late and/or your offered payment method (e.g., credit card) cannot be processed. By providing a payment method, you expressly authorize us and/or our third party payment processor to charge the applicable fees on said payment method as well as taxes and other charges incurred thereto at regular intervals, all of which depend on the particular services you use. You agree that we may invoice you any unpaid fees.
When you sign up for a paid subscription to use the Site and/or Service (“Subscription”), we will charge your credit card for your first fee on the date that we process the order for your Subscription.
IMPORTANT NOTICE : Unless you cancel prior to the expiration of your current Subscription, we will automatically renew your Subscription on each monthly, quarterly, or yearly (depending on the Subscription you have chosen) anniversary of the date that we charged your credit card for the first Subscription fee and, we will charge your credit card with the applicable renewal Subscription fee and any Taxes (as defined below) that may be imposed on such fee payment. Subscriptions must be cancelled prior to the applicable renewal date. You may cancel your Subscription directly through your Account Settings page on the site; provided that any Subscription fees charged prior to the effective date of cancellation will not be refunded, in whole or in part.
All fees are exclusive of any applicable sales, use, import or export taxes, duties, fees, value-added taxes, tariffs or other amounts attributable to your use of the Site and Services (collectively, “Taxes”). You are solely responsible for the payment of any such Taxes. In the event we are required to pay Taxes on your behalf, you shall promptly reimburse us for all amounts paid.
Links to Third Party Sites
This Site may be linked to other web sites that are not TrustRadius sites, including, without limitation, Vendor (as defined in the “Submissions” section below) sites, and social networking and similar websites (such as LinkedIn™) through which you are able to log into this Site using your existing account and log-in credentials for such third-party sites, and websites that provide question-and-answer forum functionality (collectively, "Third-Party Sites"). In certain situations, you may be transferred to a Third-Party Site through a link but it may appear that you are still on this Site.
Certain areas of the Site may allow you to interact with such Third-Party Sites, and, if applicable, permit your activities on this Site to be shared with your contacts in your Third-Party Site account. Such interactions are carried out in the Third-Party Site, and Trust Radius has no ability to make changes to your account on your behalf.
The Materials provided on this Site may contain endorsements of third party products or services submitted by reviewers. Any reference on the Site to any product, service, publication, institution, organization of any third party entity or individual does not constitute or imply TrustRadius's endorsement or recommendation. Such endorsements are the opinions of the reviewers and not TrustRadius. TrustRadius may provide incentives (such as in the form of gift cards) from time to time to encourage product users to submit reviews, but such incentives are not dependent on whether the review is positive or negative.
YOU AGREE THAT TRUSTRADIUS 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 SITES, FOR ANY DEALINGS OR COMMUNICATIONS YOU MAY HAVE WITH THIRD-PARTIES, ANY REVIEWS OF THIRD PARTY PRODUCTS OR SERVICES OR TRUSTRADIUS’S SOLICITATION OF SUCH REVIEWS, OR FOR ANY HARM, DAMAGES OR LOSS CAUSED OR ALLEGED TO BE CAUSED BY OR IN CONNECTION WITH ANY OF THE FORGOING OR YOUR USE OF OR RELIANCE ON THE MATERIALS OR THE CONTENT OR BUSINESS PRACTICES OF ANY THIRD-PARTY.
You are responsible for the information, opinions, evaluations, reviews, ratings, messages, comments, photos, videos, graphics, sounds, Profile Information, and other content or material that you submit, upload, post or otherwise make available on or through the Site (each a “Submission”). You may not upload, post or otherwise make available on this Site 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 Submission that you make. You have full responsibility for each Submission you make, including its legality, reliability and appropriateness.
In making a Submission, you represent and warrant that (1) you are the sole author of the Submission and owner of the intellectual property rights thereto, (2) your Submission is accurate to the best of your knowledge; (3) your Submission fully complies with and does not violate the social media polices of your employer, (4) your Submission does not violate any confidentiality, non-disclosure, or contractual obligations you might have towards a third party, including without limitation your current or former employer, (5) your submission does not contain information that is, or may reasonably be considered to be, defamatory, libelous, hateful, racially or religiously biased or offensive, obscene, pornographic, indecent, lewd, suggestive, exploitive of minors, invasive of privacy or publicity rights, abusive, cruel, inflammatory, fraudulent, unlawfully threatening or unlawfully harassing to any individual or entity, (6) your submission does not contain information that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law, including, without limitation, the regulations of the U.S. Securities and Exchange Commission (SEC) or any rules of a securities exchange such as the New York Stock Exchange (NYSE), the American Stock Exchange or the NASDAQ, (7) your submission does not contain personally identifiable information of any third party, including, without limitation, surname (family name) addresses, phone numbers, email addresses, Social Security numbers and credit card numbers; and (8) your submission does not contain viruses, corrupted data or other harmful, disruptive or destructive files.
When your Submission consists of a review or evaluation of a product or service, you further represent and warrant that (a) you are a bona fide user of the product or service being reviewed; (b) the opinions expressed in the review are your individual honest opinions, findings, beliefs and experiences with respect to the product or service; and (c) you will comply with the following Review Submission Guidelines :
- Your Submission must be completely original and solely created by you;
- Your Submission must convey your personal, individual opinion, and not the opinion of your employer, former employer, or any third party;
- You may not submit group, team, or multi-authored Submissions;
- You should write any statements of opinions, evaluations, reviews, ratings, messages, and comments in your Submission from the singular, first person perspective, in other words, you should write as “I” and not “we” (for example, “I have used this program for over five years”, but not “we have used this program for over five years”);
- Your Submissions must provide accurate views, opinions, and/or experiences, they must not contain any false, misleading, or unsubstantiated information;
- You must clearly and conspicuously disclose any material connections you have with any vendor or channel partner of the reviewed product or service (collectively “Vendor”) or their product or service referenced in your Submissions – a material connection is one that could influence the weight or credibility another person would give to your opinions, evaluations, reviews, ratings, messages, or comments, such as employment or independent contractor relationship, receipt of free or discounted products or services, receipt of payment or other consideration or material benefit from a Vendor or third party;
- Your submission must not contain promotions, political campaigning, advertising, contests, raffles, or solicitations;
- You must not submit previously published opinions, evaluations, reviews, ratings, messages, or comments.
You acknowledge that TrustRadius may or may not choose to provide attribution of your Submissions at its sole discretion. If it is determined that you retain moral rights (including rights of attribution or integrity) in the Submission, you hereby declare that (a) you do not require that any personally identifying information be used in connection with the Submissions, or any derivative works thereto or combinations thereof; (b) you have no objection to the publication, use, modification, deletion and exploitation of the Submission by TrustRadius or its licensees, successors and assigns; (c) you forever waive and agree not to claim or assert any entitlement to any and all moral rights of an author in any of the Submissions; and (d) you forever release TrustRadius, and its licensees, successors and assigns, from any claims that you could otherwise assert against TrustRadius by virtue of any such moral rights.
You agree to pay for all royalties, fees, damages and any other monies owing any person by reason of any Submissions posted by you to or through this Site.
When you provide Submissions you agree that those Submissions shall not be in violation of the “Unauthorized Activities” paragraph below. Those prohibitions do not require TrustRadius to monitor, police or remove any Submissions or other information submitted by you or any other user.
When using this Site you agree to abide by common standards of etiquette and act in accordance with the law. For example, you agree not to not to:
- disseminate any unsolicited or unauthorized advertising, promotional materials, 'junk mail', 'spam', 'chain letters', 'pyramid schemes', or any other form of such solicitation;
- impersonate any person or entity or otherwise misrepresents your affiliation with a person or entity, including TrustRadius;
- violate any law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising);
- infringe any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy;
- use any robot, spider, scraper or other automated means to access the Site or to create any reviews that you submit;
- frame, mirror, host or otherwise distribute the Materials without our express written permission;
- take any action that imposes an unreasonable or disproportionately large load on our infrastructure;
- alter the opinions or comments posted by others on this Site;
- interfere with, restrict or inhibit any other person from using or enjoying the Services or the Site;
- take any action which may expose TrustRadius or its affiliates or its users to any harm or liability of any type; or
- attempt to modify, translate, adapt, edit, decompile, disassemble, or reverse engineer any software programs used by TrustRadius in connection with the Site or the Services.
This list of prohibitions provides examples and is not complete or exclusive. TrustRadius reserves the right to (a) terminate access to your account, your ability to post to this Site and (b) refuse, delete or remove any Submissions or any portion thereof; with or without cause and with or without notice, for any reason or no reason, or for any action that TrustRadius determines is inappropriate or disruptive to this Site or to any other user of this Site. TrustRadius may report to law enforcement authorities any actions that may be illegal, and any reports it receives of such conduct. When legally required or at TrustRadius’s discretion, TrustRadius will cooperate with law enforcement agencies in any investigation of alleged illegal activity on this Site or on the Internet.
UNAUTHORIZED USE OF ANY MATERIALS OR THIRD-PARTY CONTENT CONTAINED ON THIS SITE MAY VIOLATE CERTAIN LAWS AND REGULATIONS.
You agree to indemnify and hold TrustRadius and its officers, directors, employees, affiliates, agents, licensors, and business partners harmless from and against any and all costs, damages, liabilities, and expenses (including attorneys’ fees and costs of defense) TrustRadius or any other indemnified party suffers in relation to, arising from, or for the purpose of avoiding, any claim or demand from a third-party that your use of this Site, or the use of this Site by any person using your user name and/or password (including without limitation, your participation in the posting areas or, your Submissions) violates any applicable law or regulation, or the copyrights, trademark rights or other rights of any third-party.
TrustRadius™ is a trademark of T-Radius Holdings, Inc. in the United States.
LinkedIn™, the LinkedIn™ logo, the IN logo and InMail are registered trademarks or trademarks of LinkedIn™ Corporation and its affiliates in the United States and/or other countries. Other trademarks, names and logos on this Site are the property of their respective owners.
The use of any company or employer name in connection with any Material (including, without limitation, any review or profile of such third party or its products) shall not be deemed to imply Trust Radius’ endorsement of or affiliation with such company or employer.
Unless otherwise specified in these Terms, all information and screens appearing on this Site, including documents, services, site design, text, graphics, logos, images and icons, as well as the arrangement thereof, are the sole property of TrustRadius, Copyright © 2018 TrustRadius. All rights not expressly granted herein are reserved. Except as otherwise required or limited by applicable law, any reproduction, distribution, modification, retransmission, or publication of any copyrighted material is strictly prohibited without the express written consent of the copyright owner or license.
Intellectual Property Infringement
TrustRadius respects the intellectual property rights of others, and we ask you to do the same. TrustRadius may, in appropriate circumstances and at our discretion, terminate service and/or access to this Site for users who infringe the intellectual property rights of others. If you believe that your work is the subject of copyright infringement and/or trademark infringement and appears on our Site, please provide TrustRadius’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 Site, and information reasonably sufficient to permit TrustRadius to locate the material.
- Information reasonably sufficient to permit TrustRadius 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.
TrustRadius's agent for notice of claims of copyright or trademark infringement on this Site can be reached as follows:
11921 North Mopac Expy, Stonecreek II, Suite 330
Austin, TX 78759
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.
Submitting a DMCA Counter-Notification
We will notify you that we have removed or disabled access to copyright-protected material that you provided, if such removal is pursuant to a valid DMCA take-down notice that we have received. If you receive such notice from us, you may provide us with a counter-notification in writing to TrustRadius's designated agent that includes all of the following information:
- Your physical or electronic signature;
- Identification of the material that has been removed or to which access has been disabled, and the location at which the material appeared before it was removed or access to it was disabled;
- A statement from you under the penalty of perjury, that you have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and
- Your name, physical address and telephone number, and a statement that you consent to the jurisdiction of a court for the judicial district in which your physical address is located, or if your physical address is outside of the United States, for any judicial district in which TrustRadius may be located, and that you will accept service of process from the person who provided notification of allegedly infringing material or an agent of such person.
Termination of Repeat Infringers
TrustRadius reserves the right, at its sole discretion, to terminate the account or access of any user of our web site and/or service who is the subject of repeated DMCA or other infringement notifications.
Disclaimer of Warranties
Your use of this Site is at your own risk. The Materials have not been verified or authenticated in whole or in part by TrustRadius, and they may include inaccuracies or typographical or other errors. TrustRadius does not warrant the accuracy, integrity, quality or appropriateness or timeliness of the Materials contained on this Site. TrustRadius has no liability for any errors or omissions in the Materials, whether provided by TrustRadius, our licensors or suppliers or other users. You agree that you must evaluate and make your own judgment, and bear all risks associated with, the use of any Material.
You further acknowledge that TrustRadius has no obligation to screen, preview, monitor, approve or publish any Material submitted by any other visitor to this Site or Submissions made by you and that such Materials and Submissions have not been verified or authenticated in whole or in part by TrustRadius. However, TrustRadius reserves the right to review and delete any Material or Submissions that, in its sole judgment, violates these Terms or are not of sufficient quality. By using the Service or accessing the Site, you agree that it is solely YOUR RESPONSIBILITY to evaluate your risks to bear associated with the use, accuracy, usefulness, completeness or appropriateness of any Submissions that you make or Materials that you receive, access, transmit or otherwise convey through the Service. Under no circumstances will TrustRadius be liable in any way for any Materials or Submissions including, but not limited to, the solicitation and posting or any Materials, any Materials that contain any errors, omissions, defamatory statements, or confidential or private information, or for any loss or damage of any kind incurred as a result of the use of any Submissions that you make or Materials that you receive, access, transmit or otherwise convey via the Service. You waive the right to bring or assert any claim against TrustRadius relating to Materials or Submissions and release TrustRadius from any and all liability for or relating to any Materials or Submissions.
TRUSTRADIUS, FOR ITSELF AND ITS LICENSORS, MAKES NO EXPRESS, IMPLIED OR STATUTORY REPRESENTATIONS, WARRANTIES, OR GUARANTEES IN CONNECTION WITH THIS SITE, THE SERVICES, OR ANY MATERIALS RELATING TO THE QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF ANY INFORMATION OR MATERIAL CONTAINED OR PRESENTED ON THIS SITE, INCLUDING WITHOUT LIMITATION THE MATERIALS. UNLESS OTHERWISE EXPLICITLY STATED, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THIS SITE, MATERIALS, AND ANY INFORMATION OR MATERIAL CONTAINED OR PRESENTED ON THIS SITE IS PROVIDED TO YOU ON AN “AS IS,” “AS AVAILABLE” AND “WHERE-IS” BASIS WITH NO WARRANTY OF IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD-PARTY RIGHTS. TRUSTRADIUS DOES NOT PROVIDE ANY WARRANTIES AGAINST VIRUSES, SPYWARE OR MALWARE THAT MAY BE INSTALLED ON YOUR COMPUTER.
Limitation of Liability
TRUSTRADIUS SHALL NOT BE LIABLE TO YOU FOR ANY DAMAGES RESULTING FROM YOUR DISPLAYING, COPYING, OR DOWNLOADING ANY MATERIALS TO OR FROM THIS SITE. IN NO EVENT SHALL TRUSTRADIUS BE LIABLE TO YOU FOR ANY INDIRECT, EXTRAORDINARY, EXEMPLARY, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE) HOWEVER ARISING, EVEN IF TRUSTRADIUS KNOWS THERE IS A POSSIBILITY OF SUCH DAMAGE.
Local Laws and Export Control
TrustRadius controls and operates this Site from its headquarters in the United States of America, and the Materials may not be appropriate or available for use in other locations. If you use this Site outside the United States of America, you are responsible for following applicable local laws.
If you send or transmit any communications, comments, questions, suggestions, or related materials to TrustRadius, whether by letter, email, telephone, or otherwise (collectively, “Feedback”), suggesting or recommending changes to the Site or Materials, including, without limitation, new features or functionality relating thereto, all such Feedback is, and will be treated as, non-confidential and non-proprietary. You hereby assign all right, title, and interest in, and TrustRadius is free to use, without any attribution or compensation to you, any ideas, know-how, concepts, techniques, or other intellectual property and proprietary rights contained in the Feedback, whether or not patentable, for any purpose whatsoever, including but not limited to, developing, manufacturing, having manufactured, licensing, marketing, and selling, directly or indirectly, products and services using such Feedback. You understand and agree that TrustRadius is not obligated to use, display, reproduce, or distribute any such ideas, know-how, concepts, or techniques contained in the Feedback, and you have no right to compel such use, display, reproduction, or distribution.
TrustRadius prefers to advise you if we feel you are not complying with these Terms and to recommend any necessary corrective action. However, certain violations of these Terms, as determined by TrustRadius, may result in immediate termination of your access to this Site without prior notice to you. Texas state law and applicable U.S. federal law, without regard to the choice or conflicts of law provisions, will govern these Terms. Foreign laws do not apply. Any disputes relating to these Terms or this Site will be heard in the courts located in Travis County in the State of Texas. If any of these Terms is found to be inconsistent with applicable law, then such term shall be interpreted to reflect the intentions of the parties, and no other terms will be modified. TrustRadius’s failure to enforce any of these Terms is not a waiver of such term. These Terms are the entire agreement between you and TrustRadius and supersede all prior or contemporaneous negotiations, discussions or agreements between you and TrustRadius about this Site. The proprietary rights, disclaimer of warranties, representations and warranties made by you, indemnities, limitations of liability and general provisions shall survive any termination of these Terms.
Dispute Resolution and Arbitration; Class Action Waiver
Please read this carefully. It affects your rights.
For the purpose of this Provision, the “Company” means TrustRadius and its parents, subsidiary, and affiliate companies, and each of their respective officers, directors, employees, and agents. The term “Dispute” means any dispute, claim, or controversy between you and the Company regarding any aspect of your relationship with the Company, whether based in contract, statute, regulation, ordinance, tort (including, but not limited to, fraud, misrepresentation, fraudulent inducement, or negligence), or any other legal or equitable theory, and includes the validity, enforceability or scope of this Provision (with the exception of the enforceability of the Class Action Waiver clause below). “Dispute” is to be given the broadest possible meaning that will be enforced, and shall include any claims against other parties relating to services or products provided or billed to you (such as the Company’s licensors, suppliers, dealers or third-party vendors) whenever you also assert claims against us in the same proceeding.
Most customer concerns can be resolved quickly and to a customer’s satisfaction by contacting us at TrustRadius, 11921 Mopac Expressway Stonecreek II, Suite 330 Austin, TX 78759. This Provision facilitates the prompt and efficient resolution of any disputes that may arise between you and the Company. Arbitration is a form of private dispute resolution in which persons with a dispute waive their rights to file a lawsuit, to proceed in court and to a jury trial, and instead submit their disputes to a neutral third person (or arbitrator) for a binding decision. You have the right to opt-out of this Provision (as explained below), which means you would retain your right to litigate your disputes in a court, either before a judge or jury.
Please read this Provision carefully. It provides that all Disputes between you and the Company shall be resolved by binding arbitration. Arbitration replaces the right to go to court. In the absence of this arbitration agreement, you may otherwise have a right or opportunity to bring claims in a court, before a judge or jury, and/or to participate in or be represented in a case filed in court by others (including, but not limited to, class actions). Except as otherwise provided, entering into this agreement constitutes a waiver of your right to litigate claims and all opportunity to be heard by a judge or jury. There is no judge or jury in arbitration, and court review of an arbitration award is limited. The arbitrator must follow this agreement and can award the same damages and relief as a court (including attorney’s fees).
WE EACH AGREE THAT, EXCEPT AS PROVIDED BELOW, ANY AND ALL DISPUTES, AS DEFINED ABOVE, WHETHER PRESENTLY IN EXISTENCE OR BASED ON ACTS OR OMISSIONS IN THE PAST OR IN THE FUTURE, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION RATHER THAN IN COURT IN ACCORDANCE WITH THIS PROVISION.
Pre-Arbitration Claim Resolution
For all Disputes, whether pursued in court or arbitration, you must first give the Company an opportunity to resolve the Dispute. You must commence this process by mailing written notification to TrustRadius, 11921 Mopac Expressway Stonecreek II, Suite 330 Austin, TX 78759. That written notification must include (1) your name, (2) your address, (3) a written description of your Claim, and (4) a description of the specific relief you seek. If the Company does not resolve the Dispute within 45 days after it receives your written notification, you may pursue your Dispute in arbitration. You may pursue your Dispute in a court only under the circumstances described below.
Exclusions from Arbitration/Right to Opt Out
Notwithstanding the above, you or the Company may choose to pursue a Dispute in court and not by arbitration if (a) the Dispute qualifies, it may be initiated in small claims court; or (b) YOU OPT-OUT OF THESE ARBITRATION PROCEDURES WITHIN 30 DAYS FROM THE DATE THAT YOU FIRST CONSENT TO THIS AGREEMENT (the “Opt-Out Deadline”). You may opt out of this Provision by mailing written notification to TrustRadius, 11921 Mopac Expressway Stonecreek II, Suite 330 Austin, TX 78759. Your written notification must include (1) your name, (2) your address, and (3) a clear statement that you do not wish to resolve disputes with the Company through arbitration. Your decision to opt-out of this Arbitration Provision will have no adverse effect on your relationship with the Company. Any opt-out request received after the Opt-Out Deadline will not be valid and you must pursue your Dispute in arbitration or small claims court.
If this Provision applies and the Dispute is not resolved as provided above (Pre-Arbitration Claim Resolution) either you or the Company may initiate arbitration proceedings. The American Arbitration Association (“AAA”), www.adr.org, or JAMS, www.jamsadr.com, will arbitrate all Disputes, and the arbitration will be conducted before a single arbitrator. The arbitration shall be commenced as an individual arbitration, and shall in no event be commenced as a class arbitration. All issues shall be for the arbitrator to decide, including the scope of this Provision.
For arbitration before AAA, for Disputes of less than $75,000, the AAA’s Supplementary Procedures for Consumer-Related Disputes will apply; for Disputes involving $75,000 or more, the AAA’s Commercial Arbitration Rules will apply. In either instance, the AAA’s Optional Rules For Emergency Measures Of Protection shall apply. The AAA rules are available at www.adr.org or by calling 1-800-778-7879. For arbitration before JAMS, the JAMS Comprehensive Arbitration Rules & Procedures and the JAMS Recommended Arbitration Discovery Protocols For Domestic, Commercial Cases will apply. The JAMS rules are available at www.jamsadr.com or by calling 1-800-352-5267. This Provision governs in the event it conflicts with the applicable arbitration rules. Under no circumstances will class action procedures or rules apply to the arbitration.
Because the Site and these Terms concern interstate commerce, the Federal Arbitration Act (“FAA”) governs the arbitrability of all Disputes. However, the arbitrator will apply applicable substantive law consistent with the FAA and the applicable statute of limitations or condition precedent to suit.
The arbitrator may award on an individual basis any relief that would be available pursuant to applicable law, and will not have the power to award relief to, against or for the benefit of any person who is not a party to the proceeding. The arbitrator will make any award in writing but need not provide a statement of reasons unless requested by a party. Such award will be final and binding on the parties, except for any right of appeal provided by the FAA, and may be entered in any court having jurisdiction over the parties for purposes of enforcement.
Location of Arbitration
You or the Company may initiate arbitration in either Travis County, Texas or the federal judicial district that includes your billing address. In the event that you select the federal judicial district that includes your billing address, the Company may transfer the arbitration to Travis County, Texas in the event that it agrees to pay any additional fees or costs you incur as a result of the transfer, as determined by the arbitrator.
Payment of Arbitration Fees and Costs
The Company will pay all arbitration filing fees and arbitrator’s costs and expenses upon your written request given prior to the commencement of the arbitration. You are responsible for all additional fees and costs that you incur in the arbitration, including, but not limited to, attorneys or expert witnesses. Fees and costs may be awarded as provided pursuant to applicable law. In addition to any rights to recover fees and costs under applicable law, if you provide notice and negotiate in good faith with the Company as provided in the section above titled “Pre-Arbitration Claim Resolution” and the arbitrator concludes that you are the prevailing party in the arbitration, you will be entitled to recover reasonable attorney’s fees and costs as determined by the arbitrator
Class Action Waiver
Except as otherwise provided in this Provision, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a class or representative proceeding or claims (such as a class action, consolidated action or private attorney general action) unless both you and the Company specifically agree to do so following initiation of the arbitration. If you choose to pursue your Dispute in court by opting out of the Arbitration Provision, as specified above, this Class Action Waiver will not apply to you. Neither you, nor any other user of the Site can be a class representative, class member, or otherwise participate in a class, consolidated, or representative proceeding without having complied with the opt-out requirements above.
You understand and agree that by entering into this Agreement you and the Company are each waiving the right to a jury trial or a trial before a judge in a public court. In the absence of this Provision, you and the Company might otherwise have had a right or opportunity to bring Disputes in a court, before a judge or jury, and/or to participate or be represented in a case filed in court by others (including class actions). Except as otherwise provided below, those rights are waived. Other rights that you would have if you went to court, such as the right to appeal and to certain types of discovery, may be more limited or may also be waived.
If any clause within this Provision (other than the Class Action Waiver clause above) is found to be illegal or unenforceable, that clause will be severed from this Provision, and the remainder of this Provision will be given full force and effect. If the Class Action Waiver clause is found to be illegal or unenforceable, this entire Provision will be unenforceable and the Dispute will be decided by a court.
This Provision shall survive the termination of your service with the Company or its affiliates. Notwithstanding any provision in this Agreement to the contrary, we agree that if the Company makes any change to this Provision (other than a change to the Notice Address), you may reject any such change and require the Company to adhere to the language in this Provision if a dispute between us arises.
If you have any questions about these Terms or otherwise need to contact TrustRadius for any reason, you can reach TrustRadius Customer Service at firstname.lastname@example.org or TrustRadius, 9737 Great Hills Trail Suite 340, Austin, TX 78759.