ALEXA INTERNET WEBSITE TERMS OF USE AND END USER LICENSE AGREEMENT

Last Updated: May 23, 2018

ALEXA'S BROWSER EXTENSION SOFTWARE (“TOOLBAR SERVICE”) COLLECTS AND STORES INFORMATION ABOUT THE WEB PAGES YOU VIEW. AND SEARCH QUERIES YOU MAKE. IN SOME CASES, INFORMATION COLLECTED BY THE TOOLBAR SERVICE MAY BE PERSONALLY IDENTIFIABLE, BUT WE DO NOT ATTEMPT TO ANALYZE ANY INFORMATION COLLECTED BY THE TOOLBAR SERVICE TO DETERMINE THE IDENTITY OF ANY ALEXA USER.

Welcome to Alexa Internet (“Alexa”). Alexa provides the Toolbar Service and website features and other products and services to you when you visit Alexa.com, use Alexa products or services, or use software provided by Alexa in connection with any of the foregoing (collectively, the “Services”). Alexa provides the Services subject to the following conditions.

By using the Services (including the Toolbar Service), you agree to this Alexa Internet Website Terms of Use and End User License Agreement, which incorporates Alexa's Privacy Notice. Please read this agreement carefully.

We offer a range of Services, and sometimes additional terms may apply. When you use a Service (for example, the Alexa Subscription Services), you also will be subject to the guidelines, terms and agreements applicable to that Service (”Service Terms”). If this agreement is inconsistent with the Service Terms, those Service Terms will control.

PRIVACY

Please review our Privacy Notice, which also applies to your use of the Services, to understand our practices. To use certain features of the Services, such as the Toolbar Service, Alexa may collect and store personally identifiable information.

ELECTRONIC COMMUNICATIONS

When you use any Service, or send e-mails, text messages, and other communications from your desktop or mobile device to us, you are communicating with us electronically. You consent to receive communications from us electronically, such as e-mails, texts, mobile push notices, or notices and messages on this site or through the other Services, and you can retain copies of these communications for your records. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

COPYRIGHT

All content included in or made available through any Service, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software is the property of Alexa, its affiliates or its content suppliers and protected by United States and international copyright laws. The compilation of all content included in or made available through any Service is the exclusive property of Alexa and protected by U.S. and international copyright laws.

TRADEMARKS

Alexa, Amazon, 1-Click, and all related graphics, logos, page headers, button icons, scripts, and service names included in or made available through any Service are trademarks or trade dress of Alexa or its affiliates, in the U.S. and other countries. Neither Alexa's nor its affiliates' trademarks and trade dress may be used in connection with any product or service that is not Alexa's or its affiliates', in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Alexa or its affiliates. All other trademarks not owned by Alexa or its affiliates that appear in any Service are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Alexa or its affiliates.

YOUR LICENSE AND ACCESS TO THE SERVICE

Subject to your compliance with this agreement and your payment of any applicable fees, Alexa or its content providers grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access and make personal and non-commercial use of the Services. Alexa, in its sole discretion, may terminate your license to any Service at any time without notice. This license does not include any resale or commercial use of any Service or its contents; any derivative use of any Service or its contents; or any use of data mining, robots, or similar data gathering and extraction tools. All rights not expressly granted to you in this agreement or any Service Terms are reserved and retained by Alexa or its licensors, suppliers, publishers, rightsholders, or other content providers. No Service, nor any part of any Service, may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without the express written consent of Alexa. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Alexa without our express written consent. You may not use any meta tags or any other "hidden text" utilizing Alexa’s name or trademarks without our express written consent. You may not misuse the Services. You may use the Services only as permitted by law. The licenses granted by Alexa terminate if you do not comply with this agreement or any Service Terms.

YOUR LICENSE TO ALEXA

Without limiting any of the other licenses you grant in this agreement, you hereby grant Alexa and its affiliates a royalty-free, nonexclusive, worldwide, perpetual, irrevocable, and fully sublicensable right and license to Your Trademarks, Content, data, information, photographs, images, videos and other materials and items you provide or make available to Alexa (collectively, “Your Materials”) including, without limitation, the right to use, reproduce, perform, display, distribute, adapt, modify, re-format, create derivative works of, and otherwise commercially or non-commercially exploit in any manner, any and all of Your Materials; provided, however, that nothing in this agreement will prevent or impair our right to use Your Materials without your consent to the extent that such use is allowable without a license from you or your affiliates under applicable law (e.g., fair use under United States copyright law, referential use under trademark law, or valid license from a third party). “Your Trademarks” means Trademarks of yours that you provide to us: (a) in non-text form for branding purposes; and (b) separate from (and not embedded or otherwise incorporated in) any product specific information or materials. “Trademark” means any trademark, service mark, trade dress (including any proprietary "look and feel"), trade name, other proprietary logo or insignia or any other source or business identifier, protected or protectable under applicable laws. “Content” means copyrightable works under applicable law.

You are solely responsible for Your Materials. Your Materials may not be false, materially misleading, libelous, defamatory, obscene, vulgar, abusive, harassing, threatening, or otherwise objectionable, invade a person's privacy, infringe another person's intellectual property or proprietary rights, or otherwise violate applicable law. You represent and warrant that you own or otherwise control all of the rights to Your Materials; that the use of such materials by Alexa and its affiliates will not infringe upon or violate the rights of any third party; and that you will indemnify Alexa and its affiliates for all claims resulting from Your Materials.

YOUR ACCOUNT

If you use any Service, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. If you are under 18, you may use the Services only with involvement of a parent or guardian. Alexa reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion.

WEBSITES LINKED TO OR REFERENCED BY THE SERVICE

The Web changes constantly, and no technique can ever index all pages accessible on the Web. As a result, Alexa cannot guarantee the completeness or accuracy of the websites or URLs to which the Services link or refer.

Further, the process of including websites in the Services is largely automatic. Alexa does not screen the websites included in the Services, and these other websites are maintained by persons over whom Alexa exercises no control. For these reasons, Alexa assumes no responsibility for the content of any website or URL included in the Services and is not responsible for errors or omissions or for offensive or objectionable content contained on any website or URL included in the Services.

Instructions for restricting Alexa from crawling your site are available at Webmaster Support.

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

THE SERVICES (INCLUDING THE TOOLBAR SERVICE) AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICES ARE PROVIDED BY ALEXA AND ITS AFFILIATES ON AN "AS IS" AND "AS AVAILABLE" BASIS. ALEXA AND ITS AFFILIATES MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SERVICES (INCLUDING THE TOOLBAR SERVICE), OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICES. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK.

TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, ALEXA AND ITS AFFILIATES DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. NEITHER ALEXA NOR ITS AFFILIATES WARRANT THAT THE SERVICES (INCLUDING THE TOOLBAR SERVICE), INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICES, ALEXA'S SERVERS OR ELECTRONIC COMMUNICATIONS SENT FROM ALEXA ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. NEITHER ALEXA NOR ITS AFFILIATES WILL BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM USE OF THE SERVICES (INCLUDING THE TOOLBAR SERVICE), OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICES, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES.

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

DISPUTES

Any dispute or claim relating in any way to this agreement (including Alexa's Privacy Notice) or your use of any Services (including the Toolbar Service) will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act and federal arbitration law apply to this agreement.

There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of this agreement as a court would.

To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to our registered agent, Corporation Service Company, 2730 Gateway Oaks Drive, Suite 100, Sacramento, CA 95833. The arbitration will be conducted by the American Arbitration Association (AAA) under its rules, including the AAA's Supplementary Procedures for Consumer-Related Disputes. The AAA's rules are available at www.adr.org or by calling 1-800-778-7879. Payment of all filing, administration and arbitrator fees will be governed by the AAA's rules. We will reimburse those fees for claims totaling less than $10,000 unless the arbitrator determines the claims are frivolous. Likewise, Alexa will not seek attorneys' fees and costs in arbitration unless the arbitrator determines the claims are frivolous. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person at a mutually agreed location.

We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial. We also both agree that you or we may bring suit in a state or federal court in King County, Washington to enjoin infringement or other misuse of intellectual property rights.

APPLICABLE LAW

By using any Services, you agree that the Federal Arbitration Act, applicable federal law, and the laws of the state of Washington, without regard to principles of conflict of laws, will govern this agreement (including Alexa’s Privacy Notice) and any dispute of any sort that might arise between you and Alexa.

MODIFICATION AND SEVERABILITY

We reserve the right to make changes to the Services and this agreement at any time. We may amend any of this agreement's terms and any of the Service Terms at our sole discretion by posting the revised terms on the Alexa website. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.

HOW TO SERVE A SUBPOENA

If you have a subpoena to serve on Alexa, please note that Alexa does not accept service via e-mail or fax and will not respond to the subpoena. All subpoenas must be properly served on Alexa, preferably by mailing the subpoena to Corporation Service Company (CSC), Alexa's national registered agent. Please find below the California address for CSC:

Alexa Internet
Corporation Service Company
2730 Gateway Oaks Drive, Suite 100
Sacramento, CA 95833
Attn: Legal Department - Subpoena

Please note also that providing detailed and accurate information at the outset will facilitate efficient processing of your request. That information will include, for example, e-mail and/or credit card number used to make purchases.

NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT

If you believe that your work has been copied in a way that constitutes copyright infringement, please submit your notice in writing to Alexa's Copyright Agent. Your notice must contain the following information:

  1. A physical signature of the person authorized to act on behalf of the owner of the copyright interest;

  2. A description of the copyrighted work that you claim has been infringed upon;

  3. A description of where the material that you claim is infringing is located on the site;

  4. Your address, telephone number, and e-mail address;

  5. A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;

  6. A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

Amazon's Copyright Agent for notice of claims of copyright infringement on its site can be reached as follows:

Copyright Agent
c/o Alexa Internet
525 Market Street
Amazon.com, Floor 19
San Francisco, CA 94105
Email: copyright-agent@alexa.com
Phone: (415) 234-2050

Please note that this procedure is exclusively for notifying Alexa that your copyrighted material has been infringed. Alexa reserves the right to terminate accounts of repeat copyright infringers.

ALEXA SOFTWARE TERMS

Use of the Software. From time to time, we may make available to you software (including any updates or upgrades to the software and any related documentation) for your use in connection with the Services (the “Software”). You may use the Software solely for purposes of enabling you to use and enjoy the Services as provided by Alexa, and as permitted by this agreement and any Service Terms. You may not incorporate any portion of the Software into your own programs or compile any portion of it in combination with your own programs, transfer it for use with another service, or sell, rent, lease, lend, loan, distribute or sub-license the Software or otherwise assign any rights to the Software in whole or in part. You may not use the Software for any illegal purpose. We may cease providing any Software and we may terminate your right to use any Software at any time. Your rights to use the Software will automatically terminate without notice from us if you fail to comply with this agreement or any applicable Service Terms. Additional third party terms contained within or distributed with certain Software that are specifically identified in related documentation may apply to that Software (or software incorporated with the Software) and will govern the use of such software in the event of a conflict with this agreement. All software used in any Service is the property of Alexa or its software suppliers and protected by United States and international copyright laws.

Use of Third Party Services. When you use the Software, you may also be using the services of one or more third parties, such as a wireless carrier or a mobile platform provider. Your use of these third party services may be subject to the separate policies, terms of use, and fees of these third parties.

No Reverse Engineering. You may not, and you will not encourage, assist or authorize any other person to copy, modify, reverse engineer, decompile or disassemble, or otherwise tamper with, the Software, whether in whole or in part, or create any derivative works from or of the Software.

Updates. In order to keep the Software up-to-date, we may offer automatic or manual updates at any time and without notice to you.

Export Regulations; Government End Users. You represent and warrant that you and your financial institution(s) are not subject to sanctions or otherwise designated on any list of prohibited or restricted parties or owned or controlled by such a party, including but not limited to the lists maintained by the United Nations Security Council, the US Government (e.g., the US Department of Treasury's Specially Designated Nationals list and Foreign Sanctions Evaders list and the US Department of Commerce's Entity List), the European Union or its member states, or other applicable government authority. You will not directly or indirectly export, re-export, transmit, or cause to be exported, re-exported or transmitted, any commodities, software or technology (”Items“) to any country, individual, corporation, organization, or entity to which such export, re-export, or transmission is restricted or prohibited, including any country, individual, corporation, organization, or entity under sanctions or embargoes administered by the United Nations, US Departments of State, Treasury or Commerce, the European Union, or any other applicable government authority. If you are a U.S. Government end user, we are licensing the Software to you as a "Commercial Item" as that term is defined in the U.S. Code of Federal Regulations (see 48 C.F.R. § 2.101), and the rights we grant you to the Software are the same as the rights we grant to all others under this agreement.