SiteAdvisor Terms of Service

The really big picture:

  1. Our goal is to help you stay safe online by testing everything on the web and reporting our test results on our Web site and through our software. We are testing primarily for safety, security, and online nuisances, not for potentially offensive content. So please don't misconstrue our 'green' safety ratings as an endorsement of a Web site's specific content or general subject matter, or as a general quality rating of the Web site.
  2. We encourage open feedback from our users and the owners of the Web sites we test, and we will post feedback with little screening other than for profanity. Basically, if you wouldn't say it to your grandmother, please don't post it publicly on SiteAdvisor.
  3. Our safety ratings and recommendations are guidelines based on our documented test results, but not guarantees of what will happen in every situation when you browse a website, download a file, or provide signup information online.

Introduction

This page states the Terms and Conditions under which you may use www.siteadvisor.com (the "Web Site"). Please read this page carefully. If you do not accept these Terms and Conditions, do not use the Web Site. Additional terms apply to the use of our software, and are disclosed in an End User License Agreement distributed with each of our software products. SiteAdvisor may revise these Terms and Conditions at any time by posting an update to this page. You should visit this page periodically, because your continued use of the Web Site following the posting of changes to these Terms and Conditions will mean you accept those changes.

Description of Service

SiteAdvisor tests websites, downloadable programs, and registration/signup forms using a variety of automated and manual techniques, in order to help Internet users make more informed decisions about where they search, browse, and transact online. The results of SiteAdvisor's tests are reported in various summary and detailed formats on the SiteAdvisor website and via the company's software products.

Content Linked to by SiteAdvisor

SiteAdvisor's objective is to test all publicly available websites without limiting or excluding sites based on specific content, general subject matter, or functionality. The sites which SiteAdvisor tests are developed by external companies over whom SiteAdvisor exercises no control. SiteAdvisor's test results are developed primarily by automated machinery and computers. SiteAdvisor may conduct, but does not guarantee or accept requests for, additional manual screening of particular sites to add to or clarify the results of automated testing. Portions of SiteAdvisor's software may display the results of SiteAdvisor's test results as users search for sites or browse the Internet. SiteAdvisor's ratings adjacent to search results or a particular site are not to be construed as a guarantee of any particular site's specific practices or trustworthiness, and in no case represents an endorsement by SiteAdvisor of the site's specific content, general subject matter, overall quality or usefulness. SiteAdvisor's software may display SiteAdvisor's test results adjacent to websites which some people find objectionable, inappropriate, or offensive. We assume no responsibility for the content of any site tested by SiteAdvisor, listed on the Web site or referenced by SiteAdvisor's software.

Personal Use Only

The Web Site is made available for your personal, non-commercial use only. You may not use SiteAdvisor to sell a product or service, or to increase traffic to your Web site for commercial reasons, such as advertising sales. You may not "scrape" the SiteAdvisor website. You may not take SiteAdvisor's test results and reformat and display them, or mirror the SiteAdvisor home page or results pages on your Web site. If you want to make commercial use of the SiteAdvisor Services, you must enter into an agreement with SiteAdvisor to do so in advance. Please contact SiteAdvisor Business Development for more information.

Our Intellectual Property

All website materials including, but not limited to, the SiteAdvisor logo, design, text, graphics, sounds, images and other material, and the selection and arrangement thereof (the "Materials") are copyrighted by SiteAdvisor and its licensors and vendors, and are protected by United States and foreign intellectual property laws. Except as stated herein, none of the Materials may be copied, reproduced, or distributed in any form without the prior written permission of SiteAdvisor. Permission is granted to display, copy, and download the Materials on this website for personal, non-commercial and informational use only provided that you may not (a) modify the Materials or (b) remove or alter any copyright or other proprietary notices contained in the Materials.

You may not use, frame or utilize framing techniques to enclose any SiteAdvisor trademark, logo or other proprietary information (including the images found at this website, the content of any text or the layout/design of any page or form contained on a page) without SiteAdvisor's express written consent. Further, you may not use any meta tags or any other "hidden text" utilizing a SiteAdvisor name, trademark or product name without SiteAdvisor's express written consent.

SiteAdvisor's underlying database of test results is separately governed by a Creative Commons License, and it may be freely used, unaltered, for non-commercial purposes with proper attribution. This Creative Commons license governs only the test results database. All other Materials are governed by this Agreement.

SiteAdvisor makes no claims that the Materials may be lawfully viewed or downloaded outside of the United States. Access to the Materials may not be legal by certain persons or in certain countries. If you access the Web Site from outside of the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.

Notice and Procedure For Making Claims of Copyright Infringement

If you believe that your work has been copied in a way that constitutes copyright infringement, please notify SiteAdvisor's Copyright Agent as set forth in the Notice and Procedure For Making Claims of Copyright Infringement.

Privacy Policy

Click here to review the SiteAdvisor Privacy Policy.

User Conduct

You agree to not use SiteAdvisor to:

  1. post any content that is unlawful, harassing, defamatory, obscene, libelous, invasive of another's privacy, or racially, ethnically or otherwise objectionable;
  2. impersonate any person or entity, including, but not limited to, a SiteAdvisor employee, forum leader, or falsely state or otherwise misrepresent your affiliation with a person or entity;
  3. post any content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
  4. post or otherwise make available any unsolicited or unauthorized advertising or promotional materials;
  5. interfere with or, disrupt SiteAdvisor's Web site or violate the security of the Web Site or servers or networks connected to SiteAdvisor;
  6. use the Web Site to violate the security of other Web sites by any method.

You acknowledge that SiteAdvisor shall have the right (but not the obligation) in its sole discretion to pre-screen, refuse, or move any content that is submitted to SiteAdvisor. You agree that you must evaluate, and bear all risks associated with, the use of any content, including any reliance on the accuracy, completeness, or usefulness of such content.

You acknowledge that SiteAdvisor shall have the right to terminate your access to the Web Site for violations of any of these rules, including repeat infringement of copyrights.

User Submissions

You acknowledge and agree that you are solely responsible for the form, content and accuracy of any material placed by you on the Web Site.

If you submit comments or other content to the Web Site, we may make use of your submission, including showing your submission to other users who might benefit from your submission. As such, we need broad rights in the content you submit to the Web Site. The following paragraph describes these rights.

By submitting content to the Web Site, you grant SiteAdvisor and its affiliates the royalty-free, perpetual, irrevocable, non-exclusive right and license (including a waiver of any moral rights) to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, communicate to the public, perform and display the content (in whole or in part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed, for the full term of any rights that may exist in such content. You also warrant that the holder of any rights, including moral rights in such content, has completely and effectively waived all such rights and validly and irrevocably granted to you the right to grant the license stated above. You also permit any user of the Web Site to access, display, view, store and reproduce such content for personal use. Subject to the foregoing, the owner of such content placed on the Web Site retains any and all rights that may exist in such content.

Changes In Terms and Conditions

We may modify or terminate our services from time to time, for any reason, and without notice and without liability to you. We reserve the right to modify these Terms of Service from time to time without notice. You should visit this page periodically, because your continued use of the Web Site following the posting of changes to these Terms and Conditions will mean you accept those changes.

Disclaimer of Warranties

SITEADVISOR DISCLAIMS ANY AND ALL RESPONSIBILITY OR LIABILITY FOR THE ACCURACY, CONTENT, COMPLETENESS, LEGALITY, RELIABILITY, OR OPERABILITY OR AVAILABILITY OF INFORMATION OR MATERIAL DISPLAYED ON SITEADVISOR'S WEBSITE OR SOFTWARE. SITEADVISOR DISCLAIMS ANY RESPONSIBILITY FOR INFORMATION DEEMED INACCURATE OR INCOMPLETE. SITEADVISOR DISCLAIMS ANY RESPONSIBILITY FOR ANY HARM RESULTING FROM DOWNLOADING OR ACCESSING ANY INFORMATION OR MATERIAL ON THE INTERNET USING SITEADVISOR'S WEBSITE OR SOFTWARE.

SITEADVISOR'S WEBSITE AND SOFTWARE ARE PROVIDED "AS IS," WITH NO WARRANTIES WHATSOEVER. SITEADVISOR AND ITS LICENSORS EXPRESSLY DISCLAIM TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. SITEADVISOR AND ITS LICENSORS DISCLAIM ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE COMPANY'S WEBSITE AND SOFTWARE. SITEADVISOR AND ITS LICENSORS DISCLAIM ANY WARRANTIES FOR ANY INFORMATION OR ADVICE OBTAINED THROUGH SITEADVISOR'S WEBSITE OR SOFTWARE.

SITEADVISOR DOES NOT WARRANT THAT THE WEB SITE WILL OPERATE ERROR-FREE OR THAT THE WEB SITE OR ITS SERVER ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MECHANISMS. YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN MATERIAL OR DATA THROUGH THE USE OF SITEADVISOR'S WEBSITE OR SOFTWARE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL OR DATA. IF YOUR USE OF THE WEB SITE OR THE MATERIAL RESULTS IN THE NEED FOR SERVICING OR REPLACEMENT OF EQUIPMENT OR DATA, SITEADVISOR IS NOT RESPONSIBLE FOR THOSE COSTS.

Some states or other jurisdictions do not allow the exclusion of implied warranties, so the above exclusions may not apply to you. You may also have other rights that vary from state to state and jurisdiction to jurisdiction.

Limitation of liability

UNDER NO CIRCUMSTANCES SHALL SITEADVISOR OR ITS LICENSORS BE LIABLE TO ANY USER FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL, RELIANCE OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) ON ACCOUNT OF THAT USER'S USE OR MISUSE OF OR RELIANCE ON SITEADVISOR'S WEBSITE OR SOFTWARE. SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES ARISING FROM ANY CLAIM RELATING TO THIS AGREEMENT OR THE SUBJECT MATTER HEREOF SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES; WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISEANY OTHER LEGAL THEORY, (EVEN IF SITEADVISOR OR ITS LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON SITEADVISOR'S WEBSITE OR SOFTWARE, FROM INABILITY TO USE SITEADVISOR'S WEBSITE OR SOFTWARE, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF SITEADVISOR'S WEBSITE OR SOFTWARE (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES). THIS LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON SITEADVISOR'S WEBSITE OR RECEIVED THROUGH ANY LINKS PROVIDED ON SITEADVISOR'S WEBSITE OR COMMUNICATIONS TO USERS, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED ON SITEADVISOR'S WEBSITE OR SOFTWARE OR RECEIVED THROUGH ANY LINKS PROVIDED BY SITEADVISOR'S COMMUNICATIONS TO USERS. THIS LIMITATION SHALL ALSO APPLY, WITHOUT LIMITATION, TO THE COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOST PROFITS, OR LOST DATA. SUCH LIMITATION SHALL FURTHER APPLY WITH RESPECT TO THE PERFORMANCE OR NON-PERFORMANCE OF SITEADVISOR'S WEBSITE OR SOFTWARE OR ANY INFORMATION OR MERCHANDISE THAT APPEARS ON, OR IS LINKED OR RELATED IN ANY WAY TO, SITEADVISOR'S WEBSITE OR SOFTWARE. SUCH LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW.

Some states or other jurisdictions do not allow the exclusion or limitation of liability for incidental or consequential damages, so the above limitations and exclusions may not apply to you.

Without limiting the foregoing, under no circumstances shall SiteAdvisor or its licensors be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in heat, light, or air conditioning.

Miscellaneous Provisions

These Terms of Service and all claims related to them, their execution or the performance of the parties under them, shall be governed by and construed in accordance with the laws of the State of New York, without giving effect to its conflict of laws provisions or your actual state or country of residence, and shall not be governed by the provisions of the United Nations Convention on Contracts for the International Sale of Goods. If for any reason a court of competent jurisdiction finds any provision or portion of the Terms of Service to be unenforceable, the remainder of the Terms of Service will continue in full force and effect.

These Terms of Service constitute the entire agreement between the parties with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. Any waiver of any provision of the Terms of Service will be effective only if in writing and signed by SiteAdvisor.

Effective date: December 17, 2005