Compete API Terms of Use

LAST UPDATED: October 7, 2015

This document sets forth the terms on which Compete, Inc ("Compete") makes the Compete API (as defined below) available for use by approved licensees on other approved Web sites and applications. By using the Compete API, you and the organization identified in your application for the Compete API ("you") agree to be bound by the following terms of use ("API Terms of Use"). If a person or entity is accessing the Compete API on your behalf or otherwise through your account, "you" or "your" will include any such person or entity. You further agree to ensure that any agent, representative, employee or other person or entity acting on your behalf in connection with accessing the Compete API complies with these API Terms of Use. You agree that you are responsible and liable for the acts and omissions of anyone accessing the Compete API through your account, including such person's or entity's failure to comply with these API Terms of Use.

1. Compete API

The Compete API is Compete's service that allows approved licensees to retrieve certain data ("Compete Data"). The Compete API consists of an application programming interface (API) for retrieving various Compete Data, grouped generally into calls to retrieve data found on Compete's proprietary Analytics service (http://www.compete.com). Compete may release subsequent versions of the Compete API and require you to obtain and use the most recent version. New versions may not be compatible with previous implementations. The Compete API offers two services with differing terms of use. The "Compete Free API" consists of a small number of metrics that can be redistributed publicly and have a default usage limit. The "Compete Paid API" (also referred to as the "All Access API") consists of a larger set of metrics that cannot be redistributed publicly and for which the user must pay a fee per access.

2. Branding Requirements

Users of the Free API and those Premium users who do not elect to remove branding are required to attribute Compete metrics in two ways.

Acceptable Imagery Brand Image URL
https://securemedia.compete.com/site_media/upl/img/api_compete_logo_large.jpg
https://securemedia.compete.com/site_media/upl/img/api_compete_logo_small2.jpg
https://securemedia.compete.com/site_media/upl/img/api_compete_logo_poweredby.jpg

3. License to Compete API & Data

If you are approved by Compete for use of the Compete Free API, and subject to your compliance with these Terms of Use, you may access the Compete Free API, implement the Compete Free API on your Web site(s) and application(s) and distribute Compete Data only to consumers for their personal use without charge on your Web site(s), all in accordance with the Compete API Branding Requirements. If you are approved by Compete for use of the Compete Paid API, and subject to your compliance with these Terms of Use, you may access the Compete Paid API, implement the Compete Paid API on your Web site(s) and Application(s) and distribute Compete Data only to your own employees or customers and not to the general public, all in accordance with the Compete API Branding Requirements. This license is subject to the following restrictions:

4. License to Compete Brand & Links

You agree, and Compete grants you a license, to implement the Compete name, logo(s), trademark, and links to Compete.com (the "Compete Brand & Links") on any Web page incorporating the Compete API and/or Compete Data, in accordance with the Compete Branding Requirements.

5. Acceptable Use

You agree not to use the Compete API, Compete Data, or Compete Brand & Links in any way that is unlawful, or harms Compete, its service providers, its suppliers, your end users, or any other person, or in violation of Section 2. Further, pursuant to Section 12 below, Compete may terminate your use of the Compete API, Compete Data and Compete Brand & Links if and when Compete determines that your use is inappropriate.

6. Limited Relationship

You and Compete are independent contractors, and nothing in these API Terms of Use shall be construed as creating an employer-employee relationship, a partnership, or a joint venture. While you may publicly refer to the fact that you have implemented the Compete API, you agree not make any other public statements that assert or imply any other relationship with Compete, unless you have Compete's prior written approval. Neither the name of Compete nor the names of its contributors may be used to endorse or promote products derived from this software without specific prior written permission of Compete.

7. Indemnity

You agree to hold harmless and indemnify Compete, and its subsidiaries, affiliates, officers, agents, employees, and suppliers, from and against any claims, losses, damages (actual and consequential), suits, judgments, costs and expenses (including attorneys' fees) of every kind and nature arising from or in any way related to your or your users' use of the Compete API or Compete Data, use of Compete Brand & Links other than as set forth in the Compete API Branding Requirements, violation of these API Terms of Use or other actions connected with your or your users' use, development or distribution of Compete services, including any infringement of any third party proprietary rights.

8. NO WARRANTY

COMPETE PROVIDES THE COMPETE API, COMPETE DATA, AND COMPETE BRAND & LINKS "AS IS," "WITH ALL FAULTS" AND "AS AVAILABLE," AND THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, COMPETE AND ITS SUPPLIERS MAKE NO REPRESENTATIONS, WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED. COMPETE AND ITS SUPPLIERS EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES OR CONDITIONS, EXPRESS, STATUTORY AND IMPLIED, INCLUDING WITHOUT LIMITATION (A) WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, ACCURACY, TITLE, QUIET ENJOYMENT, NO ENCUMBRANCES, NO LIENS AND NON-INFRINGEMENT, (B) WARRANTIES OR CONDITIONS ARISING THROUGH COURSE OF DEALING OR USAGE OF TRADE, AND (C) WARRANTIES OR CONDITIONS OF UNINTERRUPTED OR ERROR-FREE ACCESS OR USE.

9. LIABILITY LIMITATION; EXCLUSIVE REMEDY

IN NO EVENT WILL COMPETE OR ANY SUPPLIER BE LIABLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES ARISING OUT OF, BASED ON, OR RESULTING FROM THESE API TERMS OF USE OR YOUR USE OF COMPETE API, COMPETE DATA, OR COMPETE BRAND & LINKS, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE EXCLUSION OF DAMAGES UNDER THIS PARAGRAPH IS INDEPENDENT OF YOUR EXCLUSIVE REMEDY AND SURVIVES IN THE EVENT SUCH REMEDY FAILS OF ITS ESSENTIAL PURPOSE OR IS OTHERWISE DEEMED UNENFORCEABLE. THESE LIMITATIONS AND EXCLUSIONS APPLY WITHOUT REGARD TO WHETHER THE DAMAGES ARISE FROM (A) BREACH OF CONTRACT, (B) BREACH OF WARRANTY, (C) NEGLIGENCE, OR (D) ANY OTHER CAUSE OF ACTION, TO THE EXTENT SUCH EXCLUSION AND LIMITATIONS ARE NOT PROHIBITED BY APPLICABLE LAW. IF YOU DO NOT AGREE WITH ANY PART OF THESE API TERMS OF USE, OR YOU HAVE ANY DISPUTE OR CLAIM AGAINST COMPETE OR ITS SUPPLIERS WITH RESPECT TO THESE TERMS OF USE OR THE SERVICES, THEN YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE COMPETE API, COMPETE DATA, AND COMPETE BRAND & LINKS.

10. Intellectual Property

The Compete API, Compete Data, and Compete Brand & Links are the property of Compete, and Compete and its applicable licensors retain all rights, title and interest (including all patent, trademark, copyright and other proprietary rights) in and to the Compete API, Compete Data, and Compete Brand & Links, as well as any derivative works in connection therewith.

11. Changes

Compete reserves the right to change the API Terms of Use at any time, and you are responsible for regularly reviewing these API Terms of Use. Compete may also modify any of the Compete API or methods of accessing the Compete API for any or no reason at any time. Your continued use of the Compete API and/or Compete Data after the effective date of such changes will constitute acceptance of and agreement to any such changes. Compete may suspend or discontinue the Services at any time to you and/or to others, without notice. These API Terms of Use do not create any right to rely upon the continued availability of and/or access to the Compete API.

12. Fees and Payments

Compete reserves the right to charge fees for future use of or access to the Compete Free API or the Compete services and Web sites (collectively, "Compete API Services") in Compete's sole discretion. If Compete decides to charge for the Compete API Services, such charges will be disclosed to you prior to their effect, and your refusal to accept and pay such fees after receiving such notice will result in termination of your use of the Compete API, Compete Data, and/or Compete Brand & Links. Compete will charge fees for the use of the Compete Paid API in accordance with the individual contracts that grant access to that system to customers.

13. Subscription Terms

  1. SUBSCRIPTION PERIOD
    You will be entitled to receive Compete Paid API only during the subscription period (“Subscription Period”) specified in your billing form (“Billing Form”). Subscription Periods will either be three month or other, longer durations. Three month subscriptions will be considered a Pilot, and will expire at the end of the then-current term, unless a new agreement is put in place. 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 the Compete Paid API will automatically renew, and you will be subject to the subscription fees for the entire renewal term.
  2. PRICING CHANGES
    If your Compete Paid API subscription is set to automatically renew, you may be subject to pricing changes. 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 Paid API subscription will automatically renew at the new price.
  3. 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 the Compete Paid API. The Subscription Fee is payable in advance for the Subscription Period, regardless of the Subscription Period. 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 payable via credit card 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.

14. Termination

Compete may change, suspend or discontinue the Compete API and suspend or terminate your use of the Compete API, Compete Data, and/or Compete Brand & Links at any time for any reason, with or without cause, and without notice, and such use by you will automatically terminate in the event of your failure to comply with any provision of these API Terms of Use, Compete API Branding Requirements, Privacy Policy or Compete.com's Terms of Use. You may also terminate by ceasing to use the Compete API, Compete Data, and Compete Brand & Links, removing implementation of the Compete API from your Web site(s) and application(s) and deleting all copies of the Compete Data and Compete Brand & Links.

15. Choice of Law; Disputes

These API Terms of Use are governed by the laws of the State of Massachusetts, without giving effect to its conflict of laws provisions. You agree to submit to exclusive jurisdiction and venue in the state and federal courts sitting in Suffolk County, Massachusetts, for any and all disputes, claims and actions arising from or in connection with the Services and/or these API Terms of Use. In any dispute arising under this Agreement, the prevailing party will be entitled to attorneys' fees and expenses.

16. General

You represent that you have the authority to bind the organization (if any) identified in your application for the Compete API. You agree not to export from anywhere any part of the Compete API, Compete Data, or Compete Brand & Links provided to you or any direct product thereof except in compliance with, and having obtained all licenses and approvals required under, applicable export laws, rules and regulations. If provided to the U.S. government, the Compete API, Compete Data, or Compete Brand & Links are provided with the commercial license rights described herein. If any part of these API Terms of Use is determined to be invalid or unenforceable, then the invalid or unenforceable provision will be replaced with a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these API Terms of Use will continue in effect. The section titles in these API Terms of Use are solely used for the convenience of the parties and have no legal or contractual significance. Compete may assign these API Terms of Use, in whole or in part, at any time with or without notice to you. You may not transfer, assign, sublicense, or delegate the API Terms of Use or your APIKEY to any third party. Compete's failure to act with respect to a breach by you or others does not waive its right to act with respect to subsequent or similar breaches. Except as expressly stated herein, these API Terms of Use constitute the entire agreement between you and Compete with respect to the Services and supersede all prior or contemporaneous communications of any kind between you and Compete with respect to the Compete API, Compete Data, or Compete Brand & Links.