Competitrack

As a user of the Competitrack 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 Competitrack Web Archive User Agreement is required to be able to download or order materials from the site.

Competitrack, Inc.

Competitrack Web Archive User Agreement

1.	The TV commercials and print ads ("Creatives") and reports/data ("Reports") available on the Competitrack web archive (the "Archive") are for internal research and educational purposes only. You may download one copy of any single Creative or Report from the Archive to a single computer, if and only if such computer cannot be accessed by anyone outside the company.
2a.	Each Creative and each Report that you download from the Archive shall be made available only: To people in your company and your agency, if you are an advertiser (except as provided in (b) below); To people in your company and to the client on whose behalf you are reviewing such Creative or Report, if you are an agency (except as provided in (b) below); On a need-to-know basis; and If and only if the recipients are expressly advised of and agree to these terms and conditions prior to receiving or viewing such Creative or Report.
2b.	You may disclose Reports to third parties if you get written consent from Competitrack before you do so.
3.	You may not, under any circumstances, retransmit, distribute, perform, or display any Creative or Report to anyone outside the company; edit, modify, "morph," adapt, and/or add text, images, or sound to any Creative or post any Creative or Report in any public archive or on any website that is accessible to people other than those described in Item 2 above.
4.	You shall indemnify and hold Competitrack 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 Creatives violates any law or any right of any third party.
5.	Competitrack 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 Creatives or Reports or your use of them. In no event will Competitrack 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 Creatives or the Reports. Without limiting the foregoing, under no circumstances will Competitrack 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.
6.	Competitrack reserves the right to withdraw access to the Archive (i) if any invoice is not paid within thirty days of the date of such invoice, if you do not pay the balance within five (5) days of the date of such notice, or (ii) if you or any other users on your account fail to comply to these terms and conditions.
7.	You acknowledge and agree that in providing statistical estimates of advertising spending, Competitrack is not, in any way, providing advice or recommendations about spending levels or advertising effectiveness.
8.	Competitrack makes every reasonable effort to ensure that ad spending estimates are as accurate as possible. However, because some factors included in the calculation are beyond Competitrack's control, accuracy and completeness of the estimates cannot be guaranteed.
9.	Competitrack reserves the right to change the prices for its products and services at any time.