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You must accept the following End-User License Agreement before installation can proceed:
ACCEPTANCE OF TERMS
This Toolbar was created using the toolbar creator offered by Alexa Internet, Inc. ("Alexa"), which enables developers to generate a custom toolbar and promote that custom toolbar to end users for download from www.alexa.com.
Any person who wishes to use the Toolbar must agree to this Agreement, as well as all policies and guidelines incorporated by reference in this Agreement. This Agreement is a binding agreement between you and Alexa.
BY DOWNLOADING, INSTALLING OR USING THE TOOLBAR, YOU AGREE TO BE BOUND BY ALL TERMS AND CONDITIONS OF THIS AGREEMENT AND ALL POLICIES AND GUIDELINES INCORPORATED BY REFERENCE. PLEASE READ THIS AGREEMENT CAREFULLY. IF YOU DO NOT WISH TO BE BOUND BY THIS AGREEMENT, DO NOT INDICATE YOUR ACCEPTANCE, AND DO NOT USE OR DOWNLOAD THE TOOLBAR.
CHANGES TO THIS AGREEMENT
YOU AGREE THAT YOUR CONTINUED USE OF THE TOOLBAR FOLLOWING ANY CHANGES TO THIS AGREEMENT AND AFTER THE CHANGES TAKE EFFECT WILL CONSTITUTE YOUR ACCEPTANCE OF SUCH CHANGES.
IF YOU DO NOT AGREE TO FUTURE CHANGES TO THIS AGREEMENT, STOP USING THE TOOLBAR AFTER THE EFFECTIVE DATE OF SUCH CHANGES AND UNINSTALL THE TOOLBAR.
INFORMATION COLLECTED AND STORED BY THE TOOLBAR
To uninstall the Toolbar, please visit the Help section of the Toolbar or the Toolbar FAQ.
OTHER WEBSITES TO WHICH THE TOOLBAR LINKS OR REFERS
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 Toolbar links or refers.
Further, the process of linking or referring to websites in the Toolbar is largely automatic. Alexa does not screen the websites included in the Toolbar, 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 to which the Toolbar links or refers and is not responsible for errors or omissions or for offensive or objectionable content contained on any website or URL to which the Toolbar links or refers.
Alexa occasionally receives requests to change or remove websites to which the Toolbar links or refers. Alexa reserves the right to address such requests on a case-by-case basis, and our editors will review and seriously consider the new suggestions that people enter.
ILLEGAL, UNAUTHORIZED, OR FRAUDULENT CONTENT OR ACTIVITIES
The Toolbar may be used only for lawful purposes and in a lawful manner. By downloading, installing, or using the Toolbar, you agree to comply with all applicable laws and regulations.
Alexa has the right, but not the obligation, to monitor any activity and content associated with the Toolbar. Alexa may investigate any reported violation of its policies and take any action it deems appropriate, including terminating your access to the Toolbar without notice.
Alexa may report any activity it suspects violates any law or regulation to appropriate law enforcement officials, regulators, or other third parties. To cooperate with governmental requests, to protect Alexa's systems and users, to ensure the integrity and operation of Alexa's business and systems, or in response to subpoenas, court orders, or legal requirements, Alexa may access and disclose any information it considers necessary or appropriate, including user contact details, IP addressing and traffic information, posted content, and Web usage paths. By downloading, installing, or using the Toolbar, you expressly consent to the foregoing use and disclosure.
Intellectual Property and Copyright Infringement Notice
The Toolbar is controlled and operated by Alexa Internet, Presidio of San Francisco, PO Box 29141, San Francisco, CA 94129-0141. The Toolbar, including all accompanying images, text, illustrations, logos, brands, and audio and video files (collectively "intellectual property"), are protected by copyrights, trademarks, servicemarks, or other proprietary rights which are either owned by Alexa or parties who have licensed their intellectual property to Alexa. The compilation (meaning the collection, arrangement, and assembly) of all materials on the Toolbar is the exclusive property of Alexa and its affiliates and protected by U.S. and foreign laws and international copyright treaties. Materials from the Toolbar may not be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way. Use or modification of Alexa's intellectual property in any form, including but not limited to use on any other website or networked computer environment, without express written authorization is a violation of Alexa's copyrights and other proprietary rights and is strictly prohibited.
The proprietary software associated with the Toolbar, including any enhancements or modifications thereto and any related documentation, is a copyrighted work. Subject to your compliance with all of the terms and conditions of this Agreement, and in consideration of your promises reflected in this Agreement, Alexa grants to you a limited, personal, nonexclusive, nonassignable, nontransferable license to download, install, and use the Toolbar to and on a single computer and to use the Toolbar solely as permitted under this Agreement. All rights not expressly granted to you by the foregoing sentence are reserved by Alexa. Without limiting the generality of the foregoing, you may not copy, modify, distribute or reverse engineer, decompile or disassemble, or make any derivative works based on the Toolbar, except that you may make one copy of the Toolbar for back-up purposes. You may not use the Toolbar for any commercial purpose, and you may not transfer, sell, assign, or convey it to another party without Alexa's prior written consent. Any unauthorized use terminates the permission or license granted by Alexa in this paragraph.
You agree to defend, indemnify, and hold harmless Alexa and its affiliates, and each of their officers, directors, employees, agents, representatives, information providers and licensors, from any claims, costs, losses, damages, judgments and expenses, including but not limited to reasonable attorney's fees, relating to or arising out of any breach of this Agreement or any use of the Toolbar by you, or by any other person using the Toolbar through you or using your computer.
DISCLAIMER OF WARRANTY
YOU UNDERSTAND AND AGREE THAT THE TOOLBAR IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. YOU EXPRESSLY AGREE THAT USE OF THE TOOLBAR IS AT YOUR SOLE RISK.
TO THE FULLEST EXTENT PERMISSIBLE UNDER THE APPLICABLE LAW, ALEXA AND ITS AFFILIATES DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, WARRANTIES OF TITLE AND IMPLIED WARRANTIES OF MERCHANTIBILITY OR FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING, NEITHER ALEXA NOR ANY OF ITS AFFILIATES, NOR ANY OF THEIR OFFICERS, DIRECTORS, LICENSORS, EMPLOYEES OR REPRESENTATIVES REPRESENT OR WARRANT (i) THAT THE TOOLBAR, INCLUDING ITS CONTENT, WILL MEET YOUR REQUIREMENTS OR BE ACCURATE, COMPLETE, RELIABLE, OR ERROR FREE; (ii) THAT THE TOOLBAR WILL ALWAYS BE AVAILABLE OR WILL BE UNINTERRUPTED, ACCESSIBLE, TIMELY, OR SECURE; (iii) THAT ANY DEFECTS WILL BE CORRECTED, OR THAT THE TOOLBAR WILL BE FREE FROM VIRUSES, "WORMS," "TROJAN HORSES" OR OTHER HARMFUL PROPERTIES; (iv) THE ACCURACY, RELIABILITY, TIMELINESS, OR COMPLETENESS OF ANY REVIEW, RECOMMENDATION, OR OTHER MATERIAL PUBLISHED OR ACCESSIBLE ON OR THROUGH THE TOOLBAR ; (v) ANY IMPLIED WARRANTY ARISING FROM COURSE OF DEALING OR USAGE OF TRADE; AND (vi) THAT THE TOOLBAR IS NONINFRINGING.
ALEXA AND ITS AFFILIATES HEREBY DISCLAIM, AND YOU HEREBY WAIVE AND RELEASE ALEXA AND ITS AFFILIATES FROM, ANY AND ALL OBLIGATIONS, LIABILITIES, RIGHTS, CLAIMS, OR REMEDIES IN TORT ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR THE TOOLBAR, WHETHER OR NOT ARISING FROM THE NEGLIGENCE (ACTIVE, PASSIVE OR IMPUTED) OF ALEXA OR ANY OF ITS AFFILIATES.
YOU ACKNOWLEDGE AND AGREE THAT ANY SOFTWARE OR OTHER CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE TOOLBAR IS DONE AT YOUR OWN DISCRETION AND RISK, AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH SOFTWARE AND/OR CONTENT.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER LEGAL RIGHTS, WHICH VARY FROM JURISDICTION TO JURISDICTION.
LIMITATION OF LIABILITY
IN NO EVENT WILL ALEXA, AMAZON.COM INC., OR ANY OF THEIR AFFILIATES, OR ANY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, INFORMATION PROVIDERS OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR OTHER DAMAGES (REGARDLESS OF THE FORM OF ACTION) ARISING OUT OF (i) USE OF THE TOOLBAR BY ANY PERSON, INCLUDING BUT NOT LIMITED TO, ANY DAMAGE CAUSED BY ANY RELIANCE ON, OR ANY DELAYS, INACCURACIES, ERRORS OR OMISSIONS IN, ANY INFORMATION AND CONTENT ACCESSED VIA THE TOOLBAR, OR (ii) ANY USE OR INABILITY TO USE THE TOOLBAR FOR WHATEVER REASON, INCLUDING BUT NOT LIMITED TO COMMUNICATIONS FAILURE OR ANY OTHER FAILURE WITH TRANSMISSION OR DELIVERY OF ANY INFORMATION ACCESSED THROUGH THE TOOLBAR.
SOME JURISDICTIONS DO NOT ALLOW THESE LIMITATIONS OR EXCLUSIONS SO THEY MAY NOT APPLY TO YOU.
APPLICABLE LAW; JURISDICTION AND VENUE
By using the Toolbar, you agree that this Agreement will be governed by and construed in accordance with the laws of the State of Washington, without giving effect to any principles of conflicts of laws. Any dispute relating in any way to the Toolbar or this Agreement in which the aggregate total claim for relief sought on behalf of one or more parties exceeds $7,500 shall be adjudicated in any state or federal court in King County, Washington, and you consent to exclusive jurisdiction and venue in such courts.
If any provisions of this Agreement shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and conditions and shall not affect the validity and enforceability of any remaining provisions.
Alexa's failure to enforce the strict performance of any provision of this Agreement will not constitute a waiver of Alexa's right to subsequently enforce such provisions or any other provisions of this Agreement. No waiver of any provision of this Agreement shall be effective unless in writing.