Terms of Use

January 1st 2010

This User Agreement (or "Agreement") is a legal agreement between you and ReachAnalysis.com, a division of EnLume Inc ("ReachAnalysis.com" or "us") governing your participation on the ReachAnalysis.com web site and its Web Property Services, which are referred to collectively as the "ReachAnalysis.com". By using, accessing or registering as a member of ReachAnalysis.com, you agree to be bound by and hereby become a party to all the terms of this Agreement. If you do not agree with the terms and conditions in this Agreement, you may not use the ReachAnalysis.com or its Web Property Services. We can amend this Agreement either by emailing you about the amended terms, which take effect when we send you the email, or by posting the amended terms on our website, which take effect when we post them. By continuing to access or use the ReachAnalysis.com applications after any such amendment, you agree to be bound by the terms of the amended Agreement. Otherwise, this Agreement may be amended only by a writing physically signed by us.

A Note About Minors.

The ReachAnalysis.com is not targeted towards, nor intended for use by anyone under the age of 18. By using the ReachAnalysis.com applications, you represent and warrant that you are 18 years of age or older. If you are not at least 18 years of age, do not use, access or register for the ReachAnalysis.com applications or services. We reserve the right to terminate your membership in the event that we become aware you are under 18.

Registration

Certain features and services of our application require that you register on the site. You agree as a condition of use and registration that we may contact you to inform you of changes to this Agreement or describe new services available on the ReachAnalysis.com. You are responsible for safeguarding the password that you use to access any secure areas of our application. You agree not to disclose your password to any third party. You agree to take sole responsibility for any activities or actions under your password, whether or not you have authorized such activities or actions. You will immediately notify us of any unauthorized use of your password.

Content

Reach Analysis is a comprehensive approach to measure a website's online performance. The content shown on the ReachAnalysis.com website and report(s) are based on publicly available data about your website or web property. Since we do not possess your proprietary information, which is essential to take business decisions, these reports are intended to be indicative only. ReachAnalysis.com is not responsible if you take business decisions based on these reports, without analyzing, correlating and augmenting this information with your internal data. You may download, view and print a single copy of any content, solely for your personal and non-commercial purposes, subject to the restrictions set forth in this Agreement. All rights, title and interest in and to the ReachAnalysis.com and any content appearing on the ReachAnalysis.com will remain the exclusive property of ReachAnalysis.com and its licensors. Except as expressly permitted in this Agreement, you may not reproduce, modify or prepare derivative works based upon, distribute, sell, transfer, publicly display, publicly perform, transmit or otherwise use the ReachAnalysis.com or any other content appearing on the ReachAnalysis.com applications. You may not copy or modify the HTML code used to generate web pages on the ReachAnalysis.com. You may not use the ReachAnalysis.com, or any other content appearing on the ReachAnalysis.com applications, on or in connection with any other website for any purpose.

Copyrights

All content available on the ReachAnalysis.com and its Web Property Analysis tools and services, including site design, text, graphics, interfaces and the selection of arrangements thereof is copyrighted by EnLume Inc, with all rights reserved, or is the property of EnLume Inc or third parties protected by intellectual property rights. If you believe content on the ReachAnalysis.com infringes your copyright, you should send notice of copyright infringement to ReachAnalysis.com's Copyright Agent. Your notice must meet the requirements of the Digital Millennium Copyright Act (as required under 17 U.S.C.§512) by providing the following information:

• An identification of the copyrighted work claimed to have been infringed
• An identification of the material that you claim is infringing so that we may locate it on the site
• Your address, telephone number and email address
• 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
• A statement by you that the above information in your notice is accurate, made under penalty of perjury, and that you are authorized to act on behalf of the owner of the copyright interest involved
• Your signature

The notice should be mailed to:

• ReachAnalysis.com, a division of EnLume Inc
• Attn: Copyright Agent
• 1901. S. Bascom Ave, Suite #1030
• Campbell, CA 95008, U.S.A.

• or via email to copyright@reachanalysis.com

Upon receipt of notice as described above, ReachAnalysis.com will take whatever action, in its sole discretion, it deems appropriate, including removal of the challenged content from the ReachAnalysis.com applications.

Trademarks

ReachAnalysis.com is not in a position to arbitrate trademark disputes between the advertisers or merchants on the ReachAnalysis.com and trademark owners. Accordingly, we encourage trademark owners to resolve their disputes directly with the advertisers, particularly because the advertisers may have similar advertisements on other sites.

Termination

You can cancel your registration any time through our application. We reserve the right to refuse service to you at any time for any reason (including repeat infringement).

Indemnity

By choosing to use the ReachAnalysis.com applications, you agree to indemnify ReachAnalysis.com and its parent company EnLume Inc.,, its officers, agents, partners and employees from any and all claims or damage, including reasonable attorney's fees, made by third parties due to or arising out of 1) your use of or connection to our applications; 2) your violation of the User Agreement; or 3) your violation of any rights of another.

Liability Limits

ReachAnalysis.com and its suppliers shall not be liable to you for any lost profits or special, incidental or consequential damages arising in any way (including negligence) out of or in connection with ReachAnalysis.com and its parent, subsidiary or affiliate companies, our services or this Agreement.

Certain state laws do not allow the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above exclusions or limitations may not apply to you, and you might have additional rights.

Governing Law/Arbitration

This Agreement is governed by California law as such laws apply to Agreements entered into and to be performed entirely within California between California residents and without regard to conflict of laws. Any claim arising out of or relating to this Agreement or the ReachAnalysis.com shall be settled by binding arbitration in Santa Clara County, California in accordance with the American Arbitration Association's commercial arbitration rules. Any such claim shall be arbitrated on an individual basis, not consolidated with another party's claim. Each of us may conduct discovery per California CCPA §1283.05 and §1283.1. Judgment on the arbitration award may be entered into any court with jurisdiction, and the arbitrator's award shall not be appealable or reviewable except as permitted by California law. However, (a) each of us may seek interim relief from a Santa Clara County, California court to protect the party's rights or property while arbitration is pending, and (b) at our option, we may bypass arbitration in cases of fraud or other crimes against us, interference with our technical operations or violations of our rights or property.

Disclaimer of Warranties

The ReachAnalysis.com and its services are provided "as is," without express or implied warranty or condition of any kind, and we explicitly disclaim any warranties of merchantability, fitness for a particular purpose, quiet enjoyment or non-infringement. We do not promise or warrant that any aspect of the sites or system will work properly or that the information provided is complete or accurate or will be continuously available. You acknowledge and agree that we are not responsible or liable for: (1) the availability or accuracy of such websites or resources; or (2) the content, products or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement of such websites or resources or the content, products or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources. Your correspondence with or participation in promotions of merchants or advertisers found on the ReachAnalysis.com applications, including payment and delivery of related goods or service, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such merchant or advertiser. You agree not to hold ReachAnalysis.com liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such merchants or advertisers on the ReachAnalysis.com. In addition, ReachAnalysis.com does not endorse, warrant or guarantee the products or services of any seller. Certain state laws do not allow limitations on implied warranties. If these laws apply to you, some or all of the above disclaimers may not apply to you, and you might have additional rights.

Assignment

You agree that this Agreement and all agreements and information incorporated herein may be automatically assigned by ReachAnalysis.com, in its sole discretion, to a third party. You may not assign your obligations to another entity.