Terms of Use

The following Terms of Use outline your obligations when using the ReviewTrust websites and services operated by Bryxen Software, Inc. ("ReviewTrust").

1. ACCEPTANCE OF TERMS

The ReviewTrust Internet site at www.reviewtrust.com and via other submissions by you to ReviewTrust (collectively, the "Sites and Services") are owned and operated by ReviewTrust and can only be accessed and used by you under the Terms of Use described below ("Terms of Use").

PLEASE READ THESE TERMS OF USE CAREFULLY.  BY ACCESSING, DOWNLOADING, OR USING ANY OF THE SITES AND SERVICES, YOU AGREE TO BECOME BOUND BY THESE TERMS AND CONDITIONS.  IF YOU DO NOT AGREE TO ALL THE TERMS AND CONDITIONS, THEN YOU MAY NOT ACCESS AND USE THE SITES AND SERVICES.

2. MODIFICATIONS OF TERMS OF USE

ReviewTrust may, in its sole discretion, modify these Terms of Use at any time effective upon posting the modified Terms of Use on and in connection with the Sites and Services, with or without additional notice to you. 

3. USE OF THE SITE AND SERVICES

ReviewTrust shall not be liable to any user or other third party for any such modification, update, suspension or discontinuance. The Sites and Services may be subject to limitations, delays, failure, and other problems inherent in the use of the Internet and electronic communications. ReviewTrust is not responsible for any delays, failures or other damage resulting from such problems. Furthermore, in the event there is a compromise (i.e., “hack”) of the Sites and Services, you understand and agree that no such liability shall extend to ReviewTrust.

4. USER CONDUCT

As a condition of your access and use of the Sites and Services and your submission or access to any ratings, reviews, communications, information, data, text, photographs, audio clips, audiovisual works, or other materials on the Sites and Services (collectively, the “Content”), you agree not to use the Sites and Services for any purpose that is unlawful or prohibited by these Terms of Use, or any other purpose not reasonably intended by ReviewTrust. As a condition of submitting any Content or other materials to the Sites or Services, you agree that you represent that you own or have secured all legal rights necessary for the Content submitted by you to be used by you, ReviewTrust, and others as described and otherwise contemplated in these Terms of Use;

5. REGISTRATION INFORMATION

We may require that you create an account to use or access certain parts of the Sites and Services and use certain products and features. We may require that you provide login information such as a username and password to access and utilize your account. As a condition of your use of the Sites and Service, you agree to (a) provide ReviewTrust with true, accurate, current and complete information as prompted by the ReviewTrust's registration forms, when registering for or using the Sites and Services and (b) update and maintain the truthfulness, accuracy and completeness of such information.

6. PUBLICATION AND DISTRIBUTION OF CONTENT

ReviewTrust cannot and does not guarantee the accuracy, integrity, quality or appropriateness of any Content transmitted to or through the Sites and Services. You acknowledge that ReviewTrust simply acts as a passive conduit and an interactive computer service provider for the publication and distribution of user-generated. You understand that all posted on, transmitted through or linked through the Service, are the sole responsibility of the person from whom such Content originated. You understand that ReviewTrust does not control, and is not responsible for Content, and that by using the Sites and Services, you may be exposed to Content that is inaccurate, misleading, or offensive. You agree that you must evaluate and make your own judgment, and bear all risks associated with, the use of any Content.

Under no circumstances will ReviewTrust be liable in any way for any Content, including, but not limited to, any Content that contains 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 Content submitted, accessed, transmitted or otherwise conveyed via the Sites and Services. You waive the right to bring or assert any claim against ReviewTrust relating to Content, and release ReviewTrust from any and all liability for or relating to any Content. ReviewTrust has no obligation to review, monitor, or remove any Content or other materials, except as required by law. 

7. TERMINATION OF ACCESS

ReviewTrust may terminate your privilege to use or access the Sites and Services immediately and without notice for any reason whatsoever.  Upon such termination, you must immediately cease accessing or using the Sites and Services and agree not to access or make use of, or attempt to use, the Sites and Services. Furthermore, you acknowledge that ReviewTrust reserves the right to take action -- technical, legal or otherwise -- to block, nullify or deny your ability to access the Sites and Services.  You understand that ReviewTrust may exercise this right in its sole discretion, and this right shall be in addition to and not in substitution for any other rights and remedies available to ReviewTrust. All provisions of these Terms of Use which by their nature should survive termination shall survive the termination of your access to the Sites and Services, including, without limitation, provision regarding ownership, warranty disclaimers, indemnity, and limitations of liability.

8. WARRANTIES AND DISCLAIMERS

You release ReviewTrust from all liability for you having acquired or not acquired content or information through the Sites and Services. The Sites and Services may contain, or direct you to sites containing, information that some people may find offensive or inappropriate. ReviewTrust makes no representations concerning any Content contained in or accessed through the Sites and Services, and ReviewTrust will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Sites and Services. ReviewTrust makes no guarantee or warranty, express or implied, as to the reliability, accuracy, timeliness or completeness of that information and assumes no responsibility for any errors or omissions therein.

YOU ACCESS AND USE THE SITES AND SERVICES AT YOUR OWN RISK. THE SITES AND SERVICES ARE PROVIDED ON AN 'AS IS, AS AVAILABLE' BASIS WITHOUT WARRANTY OF ANY KIND AND ANY AND ALL WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT ARE SPECIFICALLY DISCLAIMED. NEITHER REVIEWTRUST NOR ITS AFFILIATES, EMPLOYEES, AGENTS OR THIRD PARTY CONTENT PROVIDERS SHALL BE LIABLE FOR ANY LOSS RESULTING FROM USE OR UNAVAILABILITY OF INFORMATION OR CONTENT ON OR IN CONNECTION WITH THE SITES AND SERVICES, INCLUDING BUT NOT LIMITED TO ANY LOST PROFITS, LOSS OR DAMAGE TO DATA, OR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, COMPENSATORY OR INCIDENTAL DAMAGES, EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

REVIEWTRUST SHALL USE REASONABLE EFFORTS TO PROTECT INFORMATION SUBMITTED BY YOU IN CONNECTION WITH THE SERVICES, BUT YOU ACKNOWLEDGE AND AGREE THAT YOUR SUBMISSION OF SUCH INFORMATION IS AT YOUR SOLE RISK, AND REVIEWTRUST HEREBY DISCLAIMS ANY AND ALL LIABILITY TO YOU FOR ANY LOSS OR LIABILITY RELATING TO SUCH INFORMATION IN ANY WAY.

9. INDEMNIFICATION

You agree to indemnify, defend and hold harmless ReviewTrust, its officers, managers, owners, employees, agents, designees, users, successors, assigns, service providers and suppliers from and against all losses, liabilities, expenses, damages, claims, demands and costs, including reasonable attorneys' fees and court costs due to or arising from: (a) any violation of these Terms of Use by you; (b) the inaccurate or untruthful Content or other information provided by you to ReviewTrust or that you submit, transmit or otherwise make available through the Service; or (c) any intentional or willful violation of any rights of another or harm you may have caused to another. ReviewTrust will have sole control of the defense of any such damage or claim.

10. LIMITATION OF LIABILITY

YOU EXPRESSLY UNDERSTAND AND AGREE THAT REVIEWTRUST, ITS OFFICERS, EMPLOYEES AND AGENTS WILL NOT BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL THEORY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, COMPENSATORY, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF REVIEWTRUST HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) (COLLECTIVELY, "DAMAGES"), WITH RESPECT TO THE SITES AND SERVICES, INCLUDING, BUT NOT LIMITED TO: (A) THE USE OR INABILITY TO USE THE SITE AND SERVICES; (B) DISCLOSURE OF, UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS, DATA, INFORMATION, OR CONTENT; OR (C) ANY BREACH OF THESE TERMS OF USE BY REVIEWTRUST OR THE FAILURE OF REVIEWTRUST TO PROVIDE THE SERVICES UNDER THESE TERMS OF USE

11. ENTIRE AGREEMENT

These Terms of Use and other agreements, rules, and policies incorporated by reference to this Terms including, without limitation, the Privacy Policy, constitutes the entire agreement between you and ReviewTrust. It supersedes any prior or contemporaneous negotiations, discussions or agreements, whether written or oral, between you and ReviewTrust regarding the subject matter contained in these Terms of Use. Additional terms and conditions may exist between you and third parties, including but not limited to, Service Providers and others. You represent and warrant that those third party agreements do not interfere with your obligations and duties to ReviewTrust under these Terms of Use.

12. GOVERNING LAW

These Terms of Use and the relationship between you and ReviewTrust will be governed by the laws of the State of Indiana, notwithstanding the choice of law provisions of the venue where any action is brought, where the violation occurred, where you may be located or any other jurisdiction. You agree and consent to the exclusive jurisdiction of the state or federal courts located in Hamilton County, Indiana and waive any defense of lack of personal jurisdiction or improper venue or forum non conveniens to a claim brought in such court, except that ReviewTrust may elect, in its sole discretion, to litigate the action in the county or state where any breach by you occurred or where you can be found. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out or related to your use of the Sites and Services or these Terms of Use shall be filed within one (1) year after such claim or cause of action arose or will forever be barred.

13. MISCELLANEOUS

If you breach any term of this Terms of Use or other agreement with ReviewTrust, ReviewTrust may pursue any legal or equitable remedy available, including but not limited to, direct, consequential, and punitive damages and injunctive relief. ReviewTrust's remedies are cumulative and not exclusive. Failure of ReviewTrust to exercise any remedy or enforce any portion of the Terms of Use at any time shall not operate as a waiver of any remedy or of the right to enforce any portion of the Terms of Use at any time thereafter. If any provision of the Terms of Use is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that the Terms of Use shall otherwise remain in full force and effect and enforceable. This Terms of Use is not assignable, transferable or sublicensable by you except with ReviewTrust’s prior written consent. ReviewTrust may transfer, assign or delegate the Terms and its rights and obligations without consent. Users of this Sites and Services are responsible for compliance with all applicable regulations and laws. No joint venture, partnership, employment or agency relationship exists between you and ReviewTrust as a result of these Terms of Use or use of the Sites and Services. You acknowledge and agree that each of the Released Parties shall be an intended third party beneficiary of these Terms of Use.

14. SUPPORT

If you have any comments or questions regarding these Terms of Use, or wish to report any violation of these Terms of Service, please contact us at support@reviewtrust.com. We will address any issue to the best of our abilities.