ARRAY(0x9bb01e70)
 

AMAZON BROWSER APPS CONDITIONS OF USE

Updated: April 22, 2013 (See what’s changed)

Please carefully read the Amazon Browser Apps Conditions of Use and the conditions of use and privacy policy (collectively, the “Agreement”) for the relevant Amazon websites for which the Amazon Browser Apps are or will be configured by you (each an “Applicable Site”) before installing or using the Amazon Browser Apps. For use with www.amazon.com, see the Amazon.com Privacy Notice, the Amazon.com Conditions of Use and the Alexa Privacy Policy. For the terms governing your use with other Amazon websites, see “Section 2—About the Amazon Browser Apps”. By clicking the “Install” button (if applicable), or by installing, activating, using or otherwise accessing the Amazon Browser Apps, you accept and agree to be bound by this Agreement. If you do not wish to be bound by this Agreement, do not click “Install” and do not install, activate, use or otherwise access the Amazon Browser Apps.

1. Information Collected and Stored by the Amazon Browser Apps

Information collected through the Amazon Browser Apps, including personally identifiable information, is subject to the relevant privacy policy for the Applicable Site, which is incorporated and forms a part of this Agreement. When using the Amazon Browser Apps withwww.amazon.com, see the Amazon.comPrivacy Notice and the Alexa Privacy Policy.

The Amazon Browser Apps collect and store information based on your interactions with and use of the features of the Amazon Browser Apps. For example, if you use the Amazon Browser Apps to add a product to your Amazon Wishlist or use the Related Items feature to compare the product you are browsing to Amazon’s product selection and prices, we will collect and store information such as your search query, the name and price of the product, the webpage on which the item is sold, your Amazon account, and other information necessary to include that product in your Wishlist or show you related Amazon products. We use the information to provide the features of the Amazon Browser Apps to you and to troubleshoot technical issues and improve our products and services. In some cases, we may associate that information with your identity and Amazon account information. The Amazon Browser Apps may also collect information about the websites you view, but that information is not associated with your Amazon account or identified with you.

The Amazon Browser Apps also incorporate functionality from our corporate affiliate Alexa Internet, Inc. which provides website rankings and other aggregated information about Internet traffic. The Alexa functionality in the Amazon Browser Apps collects and stores information about the web pages you view. In some cases, that information may be personally identifiable, but Alexa does not attempt to analyze web usage data to determine the identity of any user.

Amazon may make available third party applications and services as part of the Amazon Browser Apps, including to provide search functionality, and using these third party applications and services may result in you sending information to such third parties. Information collected by a third party application provider is governed by their relevant privacy policies.

2. About the Amazon Browser Apps

The Amazon Browser Apps are a suite of software applications that supplement your online shopping experience and are offered in a variety of forms on a variety of platforms, including as a toolbar for your web browser and a plug-in that may be included in or added to third party toolbars, browsers and other third party software applications. The Amazon Browser Apps may not be compatible with all web browsers or other software applications. The Amazon Browser Apps (together with any updates or upgrades, the “Amazon Browser Apps”) are offered by Amazon Services LLC (“Amazon”, “we”, “ us” or “our”) when configured for use with www.amazon.com. You may also elect to reconfigure the Amazon Browser Apps for another Amazon website at any time. By doing so, you agree to be bound by the conditions of use applicable to using the Amazon Browser Apps with each Applicable Site. The conditions of use applicable to using the Amazon Browser Apps with Amazon websites other than www.amazon.com are set out below:

Click here for the conditions of use applicable to you if you configure the Amazon Browser Apps to work with www.amazon.co.uk, www.amazon.de, www.amazon.fr, www.amazon.it or www.amazon.es.

Click here for the conditions of use applicable to you if you configure the Amazon Browser Apps to work with www. amazon.co.jp.

Click here for the conditions of use applicable to you if you configure the Amazon Browser Apps to work with www. amazon.cn.

Click here for the conditions of use applicable to you if you configure the Amazon Browser Apps to work with www. amazon.ca.

3. License and Restrictions

Subject to your compliance with the terms of this Agreement, Amazon grants you a non-exclusive, non-transferable, non-sublicensable, limited license to install and use the Amazon Browser Apps on your computer in accordance with this Agreement and any applicable law or regulation in the relevant jurisdictions (including any laws regarding the export of data or software to and from the United States or other relevant countries). You may not make copies of or distribute the Amazon Browser Apps or electronically transfer the Amazon Browser Apps from one computer to another or over a network. Except and only to the extent expressly permitted under applicable law, you may not, and may not encourage, assist, or authorize any other person to, modify, reverse engineer, decompile, or disassemble the Amazon Browser Apps, in whole or in part; create any derivative work from or of the Amazon Browser Apps; or bypass, modify, defeat, or tamper with or circumvent any of the functions or protections of the Amazon Browser Apps. Unless Amazon has given you specific written permission to do so, you may not sublicense, assign, or otherwise transfer the Amazon Browser Apps or your rights to use the Amazon Browser Apps. You may not use the Amazon Browser Apps for any illegal purpose. An open source software license applies to certain components of the Amazon Browser Apps and will govern in the event of a conflict with this Agreement (see Section 14).

4. Updates

In order to keep the Amazon Browser Apps up-to-date, Amazon may automatically update or upgrade the Amazon Browser Apps at any time and without notice to you. Further, Amazon may change, suspend, or discontinue the Amazon Browser Apps, or any part of the Amazon Browser Apps without notice or liability. Amazon may in its sole discretion, but has no obligation to, provide you with customer support. If Amazon elects to provide support of any kind, it may terminate that support at any time without notice to you.

5. Government End Users

The Amazon Browser Apps are provided to the U.S. Government as a "commercial Item", “commercial computer software”, “commercial computer software documentation”, and “technical data”, as defined in the U.S. Federal Acquisition Regulation and the U.S. Defense Federal Acquisition Regulation Supplement, with the same rights and restrictions customarily provided to end users.

6. Intellectual Property Ownership

The Amazon Browser Apps are the intellectual property of Amazon and its affiliates and its and their licensors. The structure, organization, and code of the Amazon Browser Apps are valuable trade secrets and confidential information of Amazon and its affiliates. The Amazon Browser Apps are protected by law, including without limitation copyright laws and international treaty provisions. Except as expressly stated herein, this Agreement does not grant you any intellectual property or other rights in the Amazon Browser Apps, and all rights not expressly granted in this Agreement are reserved by Amazon and its affiliates. If you provide feedback or submit other material to Amazon, you hereby grant to Amazon and its affiliates nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant Amazon and sublicensees the right to use the name, if any, that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you provide; that the content is accurate; that use of the content you supply does not violate the conditions of use of the Applicable Site and will not cause injury to any person or entity; and that you will indemnify Amazon for all claims resulting from content you supply. Amazon has the right but not the obligation to monitor and edit or remove any activity or content. Amazon takes no responsibility and assumes no liability for any content posted by you or any third party.

7. Termination

You may terminate this Agreement at any time by uninstalling the Amazon Browser Apps. In addition, your rights under this Agreement will automatically terminate without notice from Amazon if you fail to comply with any term of this Agreement or if Amazon discontinues the Amazon Browser Apps. In case of any termination, you must stop using the Amazon Browser Apps. Amazon may also terminate your right to use the Amazon Browser Apps at any time, and in such event may modify it to make it inoperable.

8. Disclaimer of Warranties

YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT INSTALLATION AND USE OF, AND ANY OTHER ACCESS TO, THE AMAZON BROWSER APPS IS AT YOUR SOLE RISK. THE AMAZON BROWSER APPS ARE DELIVERED TO YOU “AS IS” WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND AMAZON AND ITS AFFILIATES AND LICENSORS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, QUIET ENJOYMENT, AND NON-INFRINGEMENT. THE LAWS OF CERTAIN JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

9. Limitation of Liability

TO THE EXTENT NOT PROHIBITED BY LAW, NEITHER AMAZON NOR ITS AFFILIATES OR LICENSORS WILL BE LIABLE TO YOU FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES FOR BREACH OF ANY EXPRESS OR IMPLIED WARRANTY, BREACH OF CONTRACT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER LEGAL THEORY RELATED TO THE AMAZON BROWSER APPS, INCLUDING WITHOUT LIMITATION ANY DAMAGES ARISING OUT OF LOSS OF PROFITS, REVENUE, DATA, OR USE OF THE AMAZON BROWSER APPS, EVEN IF AMAZON HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY CASE, AMAZON'S AGGREGATE LIABILITY UNDER THE AGREEMENT WILL BE LIMITED TO $5.00. THE LAWS OF CERTAIN JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

10. Governing Law

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 and any dispute of any sort that might arise between you and Amazon and its affiliates, and its and their licensors, officers, directors, agents, and employees.

11. Disputes

Any dispute relating in any way to the Amazon Browser Apps or this Agreement 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, 300 Deschutes Way SW, Suite 304, Tumwater, WA 98051. 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, we 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 in the county where you live or at another 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 court to enjoin infringement or other misuse of intellectual property rights.

12. Modification

Amazon reserves the right to modify, suspend, or discontinue the Amazon Browser Apps, or any part of the Amazon Browser Apps, at any time and without notice to you. Amazon will not be liable to you should it exercise such right. Amazon reserves the right to make changes to this Agreement at any time by posting the revised terms on the Applicable Site and/or notifying you of such changes via the Amazon Browser Apps.

13. Miscellaneous Provisions

Amazon's failure to enforce your strict compliance with this Agreement will not constitute a waiver of any of its rights. If any term of this Agreement is found invalid, void, or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining terms.

14. jQuery License and Additional Provisions

The Amazon Browser Apps use the jQuery JavaScript library (“jQuery”). jQuery is Copyright © 2011, John Resig. The following language applies solely to your use of jQuery as incorporated into the Amazon Browser Apps.

Permission is hereby granted, free of charge, to any person obtaining a copy of this software and associated documentation files (the "Software"), to deal in the Software without restriction, including without limitation the rights to use, copy, modify, merge, publish, distribute, sublicense, and/or sell copies of the Software, and to permit persons to whom the Software is furnished to do so, subject to the following conditions:

The above copyright notice and this permission notice shall be included in all copies or substantial portions of the Software.

THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IN NO EVENT SHALL THE AUTHORS OR COPYRIGHT HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN THE SOFTWARE.