As an Authorized User of the Competiscan Web Site, you have agreed to abide by the terms and conditions outlined in this User Agreement the first time you used your password to enter the site. Reading and agreeing to the Competiscan User Agreement is required. The following terms and conditions govern your use of the Competiscan services (the "Online Services") and the materials available there in ("Materials"):
Competiscan: User Agreement
- The Direct Marketing ("Samples") available on the Competiscan database archive (the "Archive") are for internal research purposes only.
- Each Sample that you download/extract from the Archive shall be made available only to people in your company with immediate access to your company intranet. Subscribers may solely use the Reports for their internal marketing and advertising benchmark tracking and reporting purposes only.
You may not, under any circumstances,
3.1 Retransmit, distribute, perform, or display any Samples or Report to anyone outside the company;
3.2 edit, modify, adapt, and/or add text, images, or sound to any Sample or
3.3 post any Sample or Report in any public archive or on any website that is accessible to people other than those described in Item 2 above.
- You shall indemnify and hold Competiscan harmless and defend it against any and all third-party claims, demands, liabilities, damages, losses, costs or expenses (including but not limited to any reasonable attorneys' fees) arising out of or in connection with any breach or claimed breach of the foregoing terms and conditions or any claim that your use of the Samples violates any law or any right of any third party. The Licensee hereby grants permission to Competiscan to post the Licensee's materials.
- "Covered Party" means (a) the provider of the Online Services, its affiliates, and any officer, director, employee, subcontractor, agent, successor, or assign of the provider of the Online Services or its affiliates; and (b) each third party supplier of Materials, their affiliates, and any officer, director, employee, subcontractor, agent, successor, or assign of any third party supplier of Materials or any of their affiliates.
- THE COVERED PARTIES SHALL NOT BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER (INCLUDING, WITHOUT LIMITATION, ATTORNEYS' FEES) IN ANY WAY DUE TO, RESULTING FROM, OR ARISING IN CONNECTION WITH THE ONLINE SERVICES, MATERIALS, OR THE FAILURE OF ANY COVERED PARTY TO PERFORM ITS OBLIGATIONS, REGARDLESS OF ANY NEGLIGENCE OF ANY COVERED PARTY. Competiscan does not make and has not made any written or oral representation, promise, warranty, condition, covenant or under-taking, express or implied, statutory or otherwise, to you concerning the Samples, Records, Reports or your use of them. In no event will Competiscan have any liability whatsoever to you whether based upon contract or tort (including negligence or strict liability), under any warranty or otherwise, for any loss or damage arising out of your use of the Samples or the Reports. Without limiting the foregoing, under no circumstances will Competiscan have liability hereunder for special, indirect, exemplary, incidental or consequential damages such as interruption of business or any loss of business or profits, or any expense experienced by you or any third party.
Competiscan reserves the right to withdraw access to the Archive
7.1 If any invoice is not paid within thirty days of the date of such invoice.
7.2 If you or any other users on your account fail to comply to these terms and conditions.
- Competiscan makes every reasonable effort to ensure that data entry is performed as accurately as possible. However, accuracy and completeness of the data entry cannot be guaranteed.
- Competiscan reserves the right to change the prices for its products and services.
- Either party may terminate the Contract by serving notice in writing to the other party no later than (7) seven days prior to the date the then current Subscription Period ends. In the event that notice is not served prior to (7) seven days to the date when the then current Subscription Period ends, then unless otherwise agreed, a (12) twelve month subscription will renew, and the new (12) twelve month Subscription Period Fee shall be increased by the change in the U.S. Consumer Price Index during the then current Subscription Period just expired.
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