User Terms

These General User Terms (“General User Terms” or “User Terms”) are entered into and agreed to by Mobile Booster Reviews.

Users to whom these General User Terms apply may include, without limitation: potential software buyers, software vendors, software reviewers, industry insiders and media relations professionals (each a “User” or “You”).

We reserve the right to update or otherwise modify these General User Terms from time to time. You are responsible for checking these General User Terms periodically for changes and updates. Your use of the Sites and Services following such posted changes and updates constitutes acceptance of such changes and updates.

BY ACCESSING AND USING THE SITES AND SERVICES, YOU ATTEST THAT YOU HAVE READ, UNDERSTOOD AND AGREED TO BE LEGALLY BOUND BY THESE GENERAL USER TERMS. IF YOU DO NOT AGREE TO THESE TERMS, THEN YOU SHOULD NOT ACCESS OR USE THE SITES OR SERVICES.

In consideration of the premises set forth above, You the User hereby agree as follows:

ELIGIBILITY:

The Sites and Services are intended solely for Users who are 18 years of age or older. Any access to or use of the Sites or Services by anyone under 18 is expressly prohibited. By accessing or using the Sites or Services You represent and warrant that You are 18 years of age or older.

USE OF WEBSITE:

By accessing and using our Sites, You acknowledge that You are responsible for your actions and for all User Content you post. You represent and warrant, to the best of your knowledge:

At our discretion, We may, but are not obligated to, monitor and terminate User activity on our Sites, and/or edit or remove User Content, which violates or otherwise fails to comply with these General User Terms.

INTELLECTUAL PROPERTY RIGHTS:

Our Sites are comprised of Content created by Us, our Partners and our Users. This section sets out the ownership and usage rights for each type of Content.

Listed company names are the service marks and trademarks of their respective companies.

COPYRIGHT INFRINGEMENT CLAIMS:

We respect the intellectual property rights of others and will not tolerate infringing activity on our Sites.

If You are a copyright owner or agent, and You believe your rights under applicable Copyright laws are being infringed by Us or another person or entity using our Sites or Services, You may submit to our Designated Copyright Agent (kellie.gordon@gartner.com) a written notification pursuant to the Digital Millennium Copyright Act ("DMCA") (17 U.S.C. § 512), which includes the following information:

We reserve the right to seek damages from any person who knowingly, materially submits a DMCA notification claim under this section in violation of the law.

DISCLAIMER:

EXCEPT AS SPECIFICALLY SET FORTH HEREIN (I) YOUR USE OF OUR SITES AND SERVICES IS AT YOUR OWN RISK, AND (II) TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, OUR SITES AND SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION: ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF THIRD PARTY INTELLECTUAL PROPERTY RIGHTS, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, ACCURACY OF INFORMATIONAL CONTENT OR SYSTEM INTEGRATION. WHILE OUR SITES SERVE AS A PLATFORM TO HOST SOFTWARE PRODUCT LISTINGS, WE ARE NOT RESPONSIBLE FOR ENSURING THE LEGAL AND/OR REGULATORY COMPLIANCE OF THESE SOFTWARE PRODUCTS. FOR INFORMATION ON A SOFTWARE PRODUCT’S LEGAL AND/OR REGULATORY STANDING, PLEASE CONSULT THE SOFTWARE VENDOR DIRECTLY THROUGH THEIR WEBSITE. WE DO NOT WARRANT THAT OUR SITES WILL BE SECURE, AVAILABLE OR OPERATE IN AN UNINTERRUPTED OR ERROR-FREE MANNER; THAT ERRORS OR DEFECTS WILL BE CORRECTED; OR THAT THE CONTENT ON OUR SITES IS ACCURATE OR APPROPRIATE FOR YOU AND YOUR BUSINESS NEEDS.

LIMITATION OF LIABILITY:

Neither We nor User will be liable for any consequential, special, indirect, exemplary or punitive damages arising out of or in any way related to these General User Terms or the other party’s use of the Sites and Services, including without limitation loss of profits, revenue, interest, goodwill, loss or corruption of data or other interruption of business (whether in contract, tort or under other legal theory), even if advised of the possibility of such damages. Except for (i) breach of the indemnification and confidentiality sections hereunder, or (ii) fraud, willful misconduct or gross negligence, each party’s aggregate liability to the other for direct damages under these General User Terms is limited to the greater of (i) an amount equal to twelve (12) times the monthly fees paid or payable in the one (1) month period preceding a claim, or (ii) an amount equal to the fees paid or payable by you in the twelve (12) month period preceding a claim.

INDEMNIFICATION:

Each of Us and User (in its capacity as “Indemnitor”) agrees to indemnify, defend and hold harmless the other party, its agents, affiliates and employees (in its capacity as "Indemnitee”) from and against any and all third party claims, liabilities, losses and expenses (including damage awards, settlement amounts and reasonable attorneys’ fees) arising out of or relating to our or your respective violation of these General User Terms, except to the extent such losses and expenses arise from the negligence or willful misconduct of Indemnitee.

ENTIRE AGREEMENT:

These General User Terms, along with our General Vendor Terms, our Community Guidelines and our Privacy Policy, constitute the entire and exclusive agreement between the parties with respect to the subject matter hereof; and supersede, replace any/or nullify any conflicting or additional terms.

Terms Last Updated: January 2021