Terms of Service
Last updated: July 1, 2014
PLEASE READ THIS INFORMATION CAREFULLY. YOUR USE OF THE SERVICE CONSTITUTES YOUR AGREEMENT TO THE FOLLOWING TERMS AND CONDITIONS.
1. ACCEPTANCE OF TERMS
Compete, Inc. (“Compete”) welcomes you. The following Terms of Service (“TOS”) govern the use of the subscription service known as Compete PRO, the free Site Analytics offered on this website and all other use of this website (collectively, the “Services”). The TOS may be updated by us from time to time without notice to you. You can review the most current version of the TOS at any time at: https://www.compete.com/terms. In addition, when using particular Compete owned or operated services, you and Compete shall be subject to any posted guidelines or rules applicable to such services, which may be posted from time to time. All such guidelines or rules are hereby incorporated by reference into the TOS. Compete may also offer other services that are governed by different terms of service.
2. DESCRIPTION OF SERVICE
Compete provides users with access to a rich collection of resources, including but not limited to, various software applications, site profile services, search analytics, audience and advertising analytics, forums, coupon services, search services, personalized content and member programs through the Service. You also understand and agree that the Service may include advertisements for additional Compete and third-party services that may be of interest to you. You also understand and agree that the Service may include certain communications from Compete, such as service announcements, administrative messages and invitations to additional services and that these communications are considered part of Compete membership. Unless explicitly stated otherwise, any new features that augment or enhance the current Service shall be subject to the TOS. You understand and agree that Compete assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings.
3. YOUR REGISTRATION OBLIGATIONS
In consideration of your use of the Service, you represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction. Certain portions of the Service require you to register in order to use their features. In such event, you also agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Service’s registration form (the “Registration Data”) and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or Compete has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Compete has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof).
4. COMPETE PRO SUBSCRIPTION TERMS
(a) SUBSCRIPTION PERIOD
You will be entitled to receive Compete PRO only during the subscription period (“Subscription Period”) specified in your billing form (“Billing Form”). Subscription Periods will either be one month or other, longer durations. Monthly subscriptions will automatically renew on a month-to-month basis until cancelled by you. All other subscriptions will automatically renew for additional terms equal in length to the then-current term unless you provide at least 30 days’ notice of cancellation prior to such renewal . Cancellation notice can only be provided by submitting a formal cancellation request via written notice, confirmed email, or online form if one is available. Once the cancellation request is received and processed, your subscription to Compete PRO will be set to not automatically renew. If a formal cancellation request is not received prior to 30 days in advance of your automatic renewal date, your subscription to Compete PRO will automatically renew, and you will be subject to the subscription fees for the entire renewal term.
(b) PRICING CHANGES
If your Compete PRO subscription is set to automatically renew, you may be subject to pricing changes. Pricing for monthly subscriptions can change at any time. For all other subscriptions, if a pricing change occurs, you will be notified not less than 30 days prior to your automatic renewal date via the email address with which your account is associated. Unless a formal cancellation request is received prior to 10 days in advance of your automatic renewal date, your Compete PRO subscription will automatically renew at the new price.
(c) PAYMENT TERMS
You agree to pay Compete the subscription fee specified in the Billing Form during the Subscription Period (“Subscription Fee”). A valid credit card or signed agreement is required to subscribe to Compete PRO. The Subscription Fee is payable in advance for the Subscription Period, regardless of the Subscription Period. If your subscription is on a month-to-month basis, then you will automatically be charged the Subscription Fee for the subsequent month unless you cancel the Service before the month begins. For all other subscriptions, you will be automatically charged the Subscription Fee at the beginning of the renewal term unless a formal cancellation request is received pursuant to Section 4(a). Subscription Fees are non-refundable and not subject to any set-offs. Accordingly, if you elect to cancel your subscription to the Service during the Subscription Period, you will not receive a refund of the Subscription Fee(s) previously paid to Compete or due for the then-current term. If your subscription is on a month-to-month basis and your credit card is no longer valid, then, unless you provide a new valid credit card, Compete will terminate your access to Compete PRO prior to the start of the subsequent month. If your subscription is on a longer term basis and your credit card is no longer valid, then, unless you provide a new valid credit card, Compete will send you an invoice within the first 30 days of the start of the subsequent term. The Subscription Fee is payable in United States dollars (including, if any, all applicable taxes). You are responsible for all collection costs (including attorney’s fees and expenses) in connection with collecting any overdue amounts.
6. MEMBER ACCOUNT, PASSWORD AND SECURITY
You may receive a password and account designation upon completing the Service’s registration process that will permit you and only you to access certain portions of the Service. You are responsible for maintaining the confidentiality of the password and account and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify Compete of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. Compete cannot and will not be liable for any loss or damage arising from your failure to comply with this Section 6. If your password and account designation is used to access the service from more than one location at once, or from multiple locations in sequence or we otherwise suspect unauthorized use, you acknowledge that the Compete system may prevent you from accessing the Service until your identity can be confirmed.
7. UNITED STATES
The Service is provided by Compete from the United States of America. The laws in other countries may differ and your use of the Service may be subject to such laws. You are solely responsible for ensuring that your use of the Service complies with all laws, rules and regulations to which you and your use of the Service are subject.
You agree to indemnify and hold Compete and its subsidiaries, affiliates, officers, agents, employees, partners and licensors harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of the Service, your violation of the TOS or your violation of any rights of another party.
9. NO RESALE OR REDISTRIBUTION OF SERVICE
You agree not to reproduce, duplicate, copy, sell, trade or resell any portion of the Service use of the Service, or access to the Service without Compete’s prior written consent. You agree to access the Service only through human use of the provided web interface. You may not provide any third party with access to the Service through your authorized access to the Service. Use of any automated method, including but not limited to scripts and scrapers, is prohibited.
You may, however, use and distribute the authorized output from the Service (such as a report), provided that you do not resell such output as a stand-alone or distinct product offering, do not modify the output in a manner which changes or misrepresents the results and you properly acknowledge Compete as the source of the output. Notwithstanding the foregoing, you may not use any output from the Service in connection with litigation or advertising claims without our prior written consent.
10. MODIFICATIONS TO SERVICE
Compete reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that Compete shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service. If Compete suspends or discontinues your access to Compete PRO other than due to your breach of this TOS, Compete will provide you with a pro-rata refund of any fees pre-paid to Compete for such period.
You agree that Compete may, under certain circumstances and without prior notice, immediately terminate your Compete account, any associated e-mail address, and access to the Service. If such termination does not result from your breach of the TOS, then you will receive a pro-rata refund of any fees pre-paid to Compete for the period subsequent to the termination.
12. THIRD PARTY SERVICES
The Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because Compete has no control over such sites and resources, you acknowledge and agree that Compete is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that Compete shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.
The Service collects and/or supplies data from various sources. Compete does not make any representations or warranties regarding the accuracy or completeness of such data.
13. COMPETE’S PROPRIETARY RIGHTS
You acknowledge and agree that the Service and any necessary software used in connection with the Service contain proprietary and confidential information that is protected by applicable intellectual property and other laws.
Compete grants you a limited, non-transferable and non-exclusive right and license to use the Service. You agree not to access the Service by any means other than through the interface that is provided by Compete for use in accessing the Service. All rights not expressly granted to you by Compete in the TOS are reserved by Compete.
14. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
1. YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. COMPETE AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
2. COMPETE AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS; (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE; (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS; AND (v) ANY ERRORS IN THE SERVICE WILL BE CORRECTED.
3. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
4. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM COMPETE OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.
15. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT COMPETE AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF COMPETE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE. IN NO EVENT WILL COMPETE BE LIABLE FOR DAMAGES IN EXCESS OF THE GREATER OF (1) THE SUBSCRIPTION FEES PAID BY YOU DURING THE PRIOR TWELVE (12) MONTH PERIOD OR (2) TEN DOLLARS ($10).
16. EXCLUSIONS AND LIMITATIONS
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 14 AND 15 MAY NOT APPLY TO YOU.
Compete may provide you with notices, including those regarding changes to the TOS, by e-mail, or postings on the Service.
18. TRADEMARK INFORMATION
The Compete.com and Compete, Inc. trademarks and service marks and other of Compete’s and its affiliates’ logos and product and service names are trademarks of Compete, Inc. or its affiliates, as applicable.
19. GENERAL INFORMATION
Entire Agreement. The TOS constitutes the entire agreement between you and Compete and governs your use of the Service, superseding any prior agreements between you and Compete with respect to the Service.
Choice of Law and Forum. The TOS and the relationship between you and Compete shall be governed by the laws of the Commonwealth of Massachusetts without regard to its conflict of law provisions. You and Compete agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Suffolk, Massachusetts.
Waiver and Severability of Terms. The failure of Compete to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect.
Statute of Limitations. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the TOS must be filed by you within one (1) year after such claim or cause of action arose or be forever barred.
The section titles in the TOS are for convenience only and have no legal or contractual effect.
If you have any questions about the Service or your subscription, you should contact Compete at firstname.lastname@example.org or 1-866-300-3459 or +1-617-933-5600.