RateMyVAR Terms of Use

Last Updated on November 21, 2016.

Welcome to the RateMyVAR.com website. These terms, conditions, and notices (“Terms”) govern your access and use of the RateMyVAR.com website, including access and use through any other website or mobile applications, (“Site”).

By accessing or using this Site in any manner, you agree to be bound by these Terms. Please read these Terms carefully. If you do not accept all of these Terms, you may not use this Site.

Be sure to return to this page periodically to review the most current version of these Terms. We may modify these Terms or any additional terms that apply to the Site to, for example, reflect changes to the law or changes to the Site. You should look at these Terms regularly. We’ll post notice of modifications to these Terms on this page. Changes will not apply retroactively and will become effective no sooner than fourteen days after they are posted. However, changes addressing new functions or features of the Site or changes made for legal reasons will be effective immediately. If you do not agree to the modified Terms, you should discontinue your use of the Site.

The term “you” refers to the person visiting this Site and/or contributing content on this Site. If you are accessing or using this Site on behalf of a business, that business accepts these Terms, and the term “you” also refers to that business.

USE OF THE WEBSITE

This Site is provided solely to assist visitors to the Site in gathering technology and technology vendor information, posting opinions of vendor-or technology-related issues, engaging in interactive technology forums, and for no other purposes. As a condition of your use of this Site, you warrant that (i) all information supplied by you on this Site is true, accurate, current, and complete, (ii) if you have a RateMyVAR account, you will safeguard your account information and will supervise and be completely responsible for any use of your account by anyone other than you, and (iii) you are 18 years of age or older in order to register for an account and contribute to this Site. RateMyVAR does not knowingly collect the information of anyone under the age of 18. We retain the right at our sole discretion to deny access to anyone to this Site and the services we offer, at any time and for any reason, including, but not limited to, for violation of these Terms.

Please be advised that all reviews, including any endorsements, of third-party products, services, or vendors contained on this Site are the opinions of the reviewers of those products, services, or vendors and not those of RateMyVAR. From time to time, RateMyVAR may provide incentives (such as gift cards) to encourage visitors to this Site to submit reviews. Any such incentives, however, are not dependent on whether the review is positive or negative.

PROHIBITED ACTIVITIES

The content and information on this Site (including, but not limited to, messages, data, information, text, music, sound, photos, graphics, video, maps, icons, software, code, or other material), as well as the infrastructure used to provide such content and information, is proprietary to us, except as expressly provided in these Terms. You agree not to otherwise modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell or re-sell any such content or information obtained from or through this Site.

Additionally, you agree not to:

use this Site or its contents for any commercial purpose;
access, monitor, or copy any content or information of this Site using any robot, spider, scraper, or other automated means or any manual process for any purpose without our express written permission;
violate the restrictions in any robot exclusion headers on this Site or bypass or circumvent other measures employed to prevent or limit access to this Site;
take any action that imposes, or may impose, in our discretion, an unreasonable or disproportionately large load on our infrastructure;
deep-link to any portion of this Site for any purpose without our express written permission;
“frame”, “mirror”, or otherwise incorporate any part of this Site into any other website or mobile application without our prior written authorization;
attempt to modify, translate, adapt, edit, decompile, disassemble, or reverse engineer any software programs used by RateMyVAR in connection with the Site or the services we provide;
post reviews on products or services offered by your current employer or by direct competitors of your current employer; or
log in using an alias that masks your true identity.

PRIVACY POLICY

RateMyVAR believes in protecting your privacy. Please click here to review our current Privacy Policy, which also governs your use of the Site, to understand our practices.

REVIEWS, COMMENTS, AND USE OF OTHER INTERACTIVE AREAS

We appreciate hearing from you. Please be aware that by submitting content to this Site by electronic mail, postings on this Site, or otherwise, including any product reviews, questions, comments, suggestions, ideas, video reviews, or the like contained in any submissions (collectively, “Submissions”), you grant RateMyVAR and its affiliates a nonexclusive, royalty-free, perpetual, transferable, irrevocable, and fully sub-licensable right to (a) use, reproduce, modify, adapt, translate, distribute, publish, create derivative works from, and publicly display and perform such Submissions throughout the world in any media, now known or hereafter devised; and (b) use the name that you submit in connection with such Submission. You acknowledge that RateMyVAR will only provide direct attribution of your Submissions with your permission or in order to cooperate with legitimate governmental requests, subpoenas, or court orders. You acknowledge and agree that no Submissions will include confidential or proprietary information of a third party or information that you otherwise are not allowed to disclose to the public.

The Site may contain discussion forums, bulletin boards, review services, or other forums in which you or third parties may post reviews of experiences using technologies or other content, messages, materials, videos, or other items on the Site (“Interactive Areas”). If RateMyVAR provides you access to such Interactive Areas, you are solely responsible for your use of such Interactive Areas and use them at your own risk. By using any Interactive Areas, you expressly agree not to post, upload to, transmit, distribute, store, create, or otherwise publish through the Site any of the following:

Any message, data, information, text, music, sound, photos, graphics, video, code, or any other material (“Content”) that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent, or otherwise objectionable;
Content that would constitute, encourage, or provide instructions for a criminal offense, violate the rights of any party, or 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;
Content that may infringe or misappropriate any patent, trademark, trade secret, copyright, or other intellectual or proprietary right of any party;
Content that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity, including RateMyVAR;
Unsolicited promotions, political campaigning, advertising, contests, raffles, or solicitations;
Private information of any third party, including, without limitation, surname (family name) addresses, phone numbers, email addresses, Social Security numbers, and credit card numbers;
Viruses, corrupted data, or other harmful, disruptive, or destructive files;
Content that is unrelated to the topic of the Interactive Area(s) in which such Content is posted; or
Content or links to content that, in the sole judgment of RateMyVAR, (a) violates the previous subsections herein, (b) is objectionable, (c) restricts or inhibits any other person from using or enjoying the Interactive Areas or the Site, or (d) may expose RateMyVAR or its affiliates or its users to any harm or liability of any type.

RateMyVAR takes no responsibility and assumes no liability for any Submissions or Content posted, stored, or uploaded by you or any third party, or for any loss or damage thereto, nor is RateMyVAR liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography, or profanity you may encounter. As a provider of interactive services, RateMyVAR is not liable for any statements, representations, Submissions, or Content provided by its users in any public forum, personal home page, or other Interactive Area. Although RateMyVAR has no obligation to screen, edit, or monitor any of the Submissions or Content posted to or distributed through any Interactive Area, RateMyVAR reserves the right, and has absolute discretion, to remove, screen, or edit, without notice, any Content posted or stored on the Site at any time and for any reason, and you are solely responsible for creating backup copies of and replacing any Submissions or Content you post or store on the Site at your sole cost and expense.

If it is determined that you retain moral rights (including rights of attribution or integrity) in the Submissions or Content, you hereby declare that (a) you do not require that any personally identifying information be used in connection with the Submission or Content, or any derivative works of or upgrades or updates thereto; (b) you have no objection to the publication, use, modification, deletion, and exploitation of the Submission and/or Content by RateMyVAR 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 or Content; and (d) you forever release RateMyVAR, and its licensees, successors, and assigns, from any claims that you could otherwise assert against RateMyVAR by virtue of any such moral rights.

Any use of the Interactive Areas or other portions of the Site in violation of the foregoing violates these Terms and may result in, among other things, termination or suspension of your rights to use the Interactive Areas and/or the Site. In order to cooperate with legitimate governmental requests, subpoenas, or court orders, to protect RateMyVAR’s systems, customers, and users, or to ensure the integrity and operation of RateMyVAR’s business and systems, RateMyVAR may access and disclose any information it considers necessary or appropriate, including, without limitation, user profile information (i.e. name, email address, etc.), IP addressing and traffic information, usage history, and posted Submissions and/or Content. RateMyVAR’s right to disclose any such information shall take precedence over any terms of RateMyVAR’s Privacy Policy.

LIABILITY DISCLAIMER

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES PUBLISHED ON THIS SITE MAY INCLUDE INACCURACIES OR ERRORS. RateMyVAR AND ITS CORPORATE AFFILIATES (COLLECTIVELY, THE “RateMyVAR COMPANIES”) DO NOT GUARANTEE THE ACCURACY OF, AND DISCLAIM ALL LIABILITY FOR ANY ERRORS OR OTHER INACCURACIES RELATING TO, THE INFORMATION AND DESCRIPTION OF THE TECHNOLOGY PRODUCTS AND RELATED SERVICES DISPLAYED ON THIS SITE (INCLUDING, WITHOUT LIMITATION, THE PRICING, SCREEN SHOTS, VIDEOS, LIST OF PRODUCT AND SERVICE FEATURES, VENDOR COMPANY INFORMATION, GENERAL PRODUCT DESCRIPTIONS, ETC.). THE RateMyVAR COMPANIES MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES CONTAINED ON THIS SITE FOR ANY PURPOSE, AND THE INCLUSION OR OFFERING OF ANY PRODUCTS OR SERVICES ON THIS SITE DOES NOT CONSTITUTE ANY ENDORSEMENT OR RECOMMENDATION OF SUCH PRODUCTS OR SERVICES BY THE RateMyVAR COMPANIES. ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. THE RateMyVAR COMPANIES DISCLAIM ALL WARRANTIES AND CONDITIONS THAT THIS SITE, ITS SERVERS, OR ANY EMAIL SENT FROM THE RateMyVAR COMPANIES, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE RateMyVAR COMPANIES HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT.

IN NO EVENT SHALL THE RateMyVAR COMPANIES (AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND AFFILIATES) BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF, OR IN ANY WAY CONNECTED WITH, YOUR ACCESS TO, DISPLAY ON, OR USE OF THIS SITE OR WITH THE DELAY OR INABILITY TO ACCESS, DISPLAY, OR USE THIS SITE (INCLUDING, BUT NOT LIMITED TO, YOUR RELIANCE UPON OPINIONS APPEARING ON THIS SITE; ANY COMPUTER VIRUSES, INFORMATION, SOFTWARE, LINKED SITES, PRODUCTS, AND SERVICES OBTAINED THROUGH THIS SITE; OR OTHERWISE ARISING OUT OF THE ACCESS TO, DISPLAY ON, OR USE OF THIS SITE) WHETHER BASED ON A THEORY OF NEGLIGENCE, CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, AND EVEN IF THE RateMyVAR COMPANIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. The limitation of liability reflects the allocation of risk between the parties. The limitations specified in this section will survive and apply even if any limited remedy specified in these Terms is found to have failed of its essential purpose. The limitations of liability provided in these Terms inure to the benefit of the RateMyVAR Companies.

INDEMNIFICATION

You agree to defend and indemnify the RateMyVAR Companies and their respective affiliates and licensees and any of their officers, directors, employees, and agents from and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties, liabilities, or other costs or expenses of any kind or nature including but not limited to reasonable legal and accounting fees, brought by third parties as a result of:

your breach of these Terms or the documents referenced herein;
your violation of any law or the rights of a third party; or
your use of this Site.

LINKS TO THIRD-PARTY SITES

This Site may contain hyperlinks to websites operated by parties other than RateMyVAR. Such hyperlinks are provided for your reference only. We do not control such websites and are not responsible for their content or the privacy or other practices of such websites. Further, it is up to you to take precautions to ensure that whatever links you select or software you download (whether from this Site or other websites) is free of such items as viruses, worms, trojan horses, defects, and other items of a destructive nature. Our inclusion of hyperlinks to such websites does not imply any endorsement of the material on such websites or any association with their operators. In some cases you may be asked by a third party site to link your profile on RateMyVAR to a profile on another third party site. Choosing to do so is purely optional, and the decision to allow this information to be linked can be disabled (with the third party site) at any time.

SOFTWARE AND PREMIUM RESEARCH AVAILABLE ON THIS SITE

Unless otherwise specified, the materials on the Site are presented solely to provide information regarding and to promote RateMyVAR’s services, websites, partners, and other products available in the United States, its territories, possessions, and protectorates. The Site is controlled and operated by RateMyVAR from its offices in the State of New York in the United States. RateMyVAR makes no representation that materials on the Site are appropriate or available for use outside the United States. Those who choose to access the Site from outside the United States do so on their own initiative and are responsible for compliance with local laws, if and to the extent that local laws are applicable. Software used in the operation of, or downloadable from, the Site (“Software”) is further subject to United States export controls. No Software may be downloaded or otherwise exported or re-exported (a) into (or to a national or resident of) Cuba, North Korea, Iran, Sudan, Syria, or any other country to which the U.S. has embargoed goods, or (b) to anyone on the U.S. Treasury Department list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders. By using the Site, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.

Any Software or premium research (“Premium Research”) that is made available through the Site or otherwise from RateMyVAR is the copyrighted and proprietary work of RateMyVAR, or RateMyVAR affiliates, or other third parties as identified. Your use of such Software and/or Premium Research is governed by the terms of the end user license agreement, if any, which accompanies, or is included with, the Software and/or Premium Research (“License Agreement”). You may not install, access, or use any Software and/or Premium Research that is accompanied by or includes a License Agreement unless you first agree to the License Agreement terms. For any Software and/or Premium Research made available for download on this Site not accompanied by a License Agreement, we hereby grant to you a limited, personal, nontransferable, non-sublicensable license to use the Software and/or Premium Research for viewing and otherwise using this Site in accordance with these Terms and for no other purpose.

Please note that all Software, including, without limitation, all HTML, XML, WordPress, Java code, and Active X controls, and all Premium Research contained on or made available through this Site, is owned by RateMyVAR, and/or its affiliates or licensors, and is protected by copyright and trade secret laws and international treaty provisions. Any reproduction, redistribution, or disclosure of the Software and/or Premium Research is expressly prohibited and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible. WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE SOFTWARE AND/OR PREMIUM RESEARCH TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED. THE SOFTWARE AND/OR PREMIUM RESEARCH IS WARRANTED, IF AT ALL, ONLY ACCORDING TO THE TERMS OF THE LICENSE AGREEMENT.

COPYRIGHT AND TRADEMARK NOTICES

All contents of this Site are: © Copyright 2016 RateMyVAR, Inc. All Rights Reserved. RateMyVAR is not responsible for content on websites operated by parties other than RateMyVAR. RateMyVAR, its logo, and, except as noted below, all other product or service names or slogans displayed on the Site are registered and/or common law trademarks of RateMyVAR, Inc. or its suppliers or licensors and may not be copied, imitated, or used, in whole or in part, without the prior written permission of RateMyVAR or the applicable trademark holder. In addition, the look and feel of the Site, including all page headers, custom graphics, button icons, and scripts, is the service mark, trademark, and/or trade dress of RateMyVAR and may not be copied, imitated, or used, in whole or in part, without the prior written permission of RateMyVAR. All other trademarks, registered trademarks, product names, and company names or logos mentioned in the Site are the property of their respective owners. Reference to any products, services, processes, or other information, by trade name, trademark, manufacturer, supplier, or otherwise does not constitute or imply endorsement, sponsorship, or recommendation thereof by RateMyVAR.

Other logos and product and company names mentioned herein may be the trademarks of their respective owners.

If you are aware of an infringement of either your brand or our brand, please let us know by following the Copyright Complaint Policy and by e-mailing us at mark@nerdhives.com. We only address messages concerning brand infringement at this email address.

GENERAL

This Site is operated by a U.S. entity, and these Terms are governed by the laws of the State of New York, USA. You hereby consent to the exclusive jurisdiction and venue of the state and federal courts in Cook County, Illinois, USA and stipulate to the fairness and convenience of proceedings in such courts for all disputes arising out of or relating to the use of this Site. You agree that all claims you may have against RateMyVAR, Inc. arising from or relating to the Site must be heard and resolved in a court of competent subject matter jurisdiction located in the State of New York. Use of this Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this paragraph.

You agree that no joint venture, agency, partnership, or employment relationship exists between you and the RateMyVAR Companies and/or affiliates as a result of these Terms or use of this Site.

Our performance under these Terms is subject to existing laws and legal process, and nothing contained in these Terms limits our right to comply with law enforcement or other governmental or legal requests or requirements relating to your use of this Site or information provided to, or gathered by, us with respect to such use. To the extent allowed by applicable law, you agree that you will bring any claim or cause of action arising from or relating to your access or use of this Site within two (2) years from the date on which such claim or action arose or accrued or such claim or cause of action will be irrevocably waived.

If any part of these Terms is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remaining provisions in these Terms shall continue in effect.

These Terms (and any other terms or agreements referenced herein) constitute the entire agreement between you and RateMyVAR with respect to this Site and supersede all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and RateMyVAR with respect to this Site. A printed version of these Terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

Fictitious names of companies, products, people, characters, and/or data mentioned on this Site are not intended to represent any real individual, company, product, or event. Any rights not expressly granted herein are reserved.

SERVICE HELP

For answers to your questions or ways to contact us, email us at mark@nerdhives.com.