CompetitorEye Terms of Service
By using CompetitorEye.com ("CompetitorEye" or the "Service"), you are agreeing to be bound by the following terms and conditions ("Terms of Service").
CompetitorEye reserves the right to update and change the Terms of Service from time to time without notice. Any new features that augment or enhance the current Service, including the release of new tools and resources, shall be subject to the Terms of Service. Continued use of the Service after any such changes shall constitute your consent to such changes. You can review the most current version of the Terms of Service at any time at: http://www.CompetitorEye.com/TermsAndConditions.aspx
Violation of any of the terms below will result in the termination of your account relating to the Service (the "Account").
- You must provide your legal full name, a valid email address, and any other information requested in order to complete the registration process.
- You are responsible for maintaining the security of your Account and the accompanying password (the "Password"). CompetitorEye cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
- You are responsible for all content posted (the "Content") and activity that occurs under your account.
- You may not use the Service for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
Payment, Refunds, Upgrading and Downgrading Terms
- A valid credit card or PayPal account is required for paying accounts.
- Recurring billing if opted for constitutes acknowledgement of being charged monthly for use of CompetitorEye.
- An upgrade from the basic plan to the extended plan will end your basic service plan and start your extended service plan billing. You will be billed for your first month immediately upon upgrading.
- The Service is billed in advance on a monthly basis and is non-refundable. There will be no refunds or credits for partial months of service, upgrade/downgrade refunds, or refunds for months unused with an open account.
- All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties, excluding only United States (federal or state) taxes.
- For any scans in your basic plan level, the report fee will automatically be deducted from your account balance upon report creation, regardless of report being successfully sent to FTP server, and will be available for review or download online for up to five days.
- Downgrading your Service may cause the loss of Content, features, or capacity of your Account. CompetitorEye does not accept any liability for such loss.
Cancellation and Termination
- Once billing is set up:
- All of your Content will be immediately deleted from the Service upon cancellation. This information can not be recovered once your account is cancelled.
- If you cancel the Service before the end of your current paid up month, your cancellation will take effect immediately and you will not be charged again.
- CompetitorEye, in its sole discretion, has the right to suspend or terminate your Account and refuse any and all current or future use of the Service, or any other CompetitorEye service, for any reason at any time. Such termination of the Service will result in the deactivation or deletion of your Account or your access to your Account, and the forfeiture and relinquishment of all Content in your Account. CompetitorEye reserves the right to refuse service to anyone for any reason at any time.
Modifications to the Service and Prices
- CompetitorEye 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.
- Prices of all Services, including but not limited to monthly subscription plan fees to the Service, are subject to change upon 30 days notice from us. Such notice may be provided at any time by posting the changes to
Copyright and Content Ownership
- Information provided to you through CompetitorEye's Service is confidential and the sole property of CompetitorEye. Disclosing, selling or otherwise sharing the information provided by CompetitorEye with anyone other than the account holder is strictly forbidden.
- We claim no intellectual property rights over the material you provide to the Service. Your profile and materials uploaded remain yours.
- CompetitorEye does not pre-screen Content, but CompetitorEye and its designee have the right (but not the obligation) in their sole discretion to refuse or remove any Content that is available via the Service.
- CompetitorEye will make commercially reasonable efforts to ensure products submitted through our system are scanned and reported on, but CompetitorEye does not guarantee reporting on any product.
- CompetitorEye does not guarantee any particular scan or reports accuracy.
- CompetitorEye does not manage "Buy Box" ownership or placement on any shopping engines.
- CompetitorEye is not a full service agency and does not sign up for merchant / reseller accounts on your behalf. Users must create accounts with any/all shopping engines they are interested in using.
- Technical support is provided to paying account holders and is available via email or phone (we try to respond within 24 hours).
- You must not modify, adapt or hack the Service or modify another web site so as to falsely imply that it is associated with the Service, CompetitorEye, or any other CompetitorEye service.
- CompetitorEye has the right to access, index, cache or crawl the URL(s), the Content itself, or any portion thereof in connection with CompetitorEye's authorized use of the Content.
- CompetitorEye owns the web site through which the Service is offered (the "web site"), the Service, the software underlying the web site and Service and all intellectual property rights related thereto including, without limitation, the mark "CompetitorEye". You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use the Service, or access to the Service without the express written permission by CompetitorEye.
- You shall not post any Content that is unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party's intellectual property or these Terms of Service ("Offending Content"). CompetitorEye has the right (but not the obligation) to remove any Content that it deems, in its sole discretion, to be Offending Content. You agree to indemnify, defend and hold CompetitorEye harmless against all claims, damages, losses, settlements and expenses (including attorney fees) that result from your posting of Offending Content.
- Verbal, physical, written or other abuse (including threats of abuse or
retribution) of any CompetitorEye customer, employee, member, or officer will
result in immediate termination of your Account.
- You understand that the technical processing and transmission of the Service, including your Content, may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
- You must not transmit any worms or viruses or any code of a destructive nature.
- YOUR USE OF THE SERVICE IS PROVIDED ON AN "AS IS" BASIS. COMPETITOREYE HEREBY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING,BUT NOT LIMITED TO WARRANTIES OF MERCHANTIBILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT AND TITLE AND ANY WARRANTIES ARISING FROM A COURSE OF DEALING, USAGE OR TRADE PRACTICE.
- COMPETITOREYE WILL NOT BE LIABLE FOR ANY LOST REVENUE, LOST PROFITS, REPLACEMENT GOODS, LOSS OF TECHNOLOGY, RIGHTS OR SERVICES, INCIDENTAL, PUNITIVE, INDIRECT OR CONSEQUENTIAL DAMAGES, LOSS OF DATA, OR INTERRUPTION OF BUSINESS, EVEN IF
COMPETITOREYE IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER UNDER THEORY OF CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE. IN ANY EVENT, COMPETITOREYE'S MAXIMUM LIABILITY IN CONNECTION WITH YOUR USE OF THE SERVICE WILL BE LIMITED TO THE TOTAL AMOUNT PAID BY YOU TO
COMPETITOREYE FOR THE SERVICE DURING THE PRIOR TWELVE (12) MONTH PERIOD.
- These Terms of Service constitutes the entire agreement between you and CompetitorEye and govern your use of the Service, superseding any prior agreements between you and CompetitorEye (including, but not limited to, any prior versions of the Terms of Service).
- The failure of CompetitorEye to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision.
- Questions about the Terms of Service should be sent to: Support at CompetitorEye dot com.