PLEASE READ THESE TERMS CAREFULLY. THEY CONTAIN A BINDING INDIVIDUAL ARBITRATION AGREEMENT AND A CLASS ACTION WAIVER (SECTION 20) THAT AFFECT YOUR LEGAL RIGHTS. YOU MAY OPT OUT OF ARBITRATION WITHIN 30 DAYS, AS DESCRIBED IN SECTION 20.7. THESE TERMS LICENSE, AND DO NOT SELL, THE DATA WE PROVIDE, AND THEY RESTRICT HOW THAT DATA MAY BE USED (SECTIONS 5 THROUGH 8).
These Terms of Service (the "Terms") are a contract between you and MeasureBoard LLC, a Wyoming limited liability company ("MeasureBoard," "we," or "us"). They govern any access to or use of the getdomaindata.com website, its subdomains, pages, interfaces, APIs, endpoints, and exports, and the data made available through any of them (together, the "Service"). The Terms apply to access by any means, whether or not you hold an account or are signed in, and whether access is direct or indirect, including access through employees, contractors, agents, service providers, proxies, VPNs, automated tools, scripts, bots, headless browsers, or AI agents acting on your behalf. Conduct undertaken through any such intermediary is treated as your conduct. For purposes of these Terms, "you" includes your affiliates and successors and any person or entity acting in concert with you or under common control with you.
"Data" means all information made available through the Service, including technology detections, DNS and infrastructure records, classifications, rankings, counts, time series, leaderboards, and any other compiled facts, together with our selection, arrangement, taxonomy, and presentation of them.
You must be at least 18 years old (or the age of majority where you live) and able to form a binding contract. These Terms apply to everyone who accesses the Service, in three tiers:
Each tier is subject to everything that applies to the tiers below it, together with the additional terms for that tier. Access by any automated system is attributed to, and binds, the person or entity that operates or directs it. Every person who accesses the Service or the Data in any manner falls within at least one tier, and no one is outside these Terms because access was automated, indirect, unauthorized, or prohibited. Access in violation of these Terms (including Section 7) remains subject to all of these Terms, including Sections 4 through 8, 19, and 20, in addition to constituting a breach.
3.1 Acceptance. You accept these Terms by (a) checking the acceptance box and clicking the button presented before your first search or at account creation, or (b) if you access the Service in the course of commercial, automated, or repeated activity with actual knowledge of these Terms, accessing or using the Service in any manner after that notice. If you are an individual using the Service for personal purposes, you accept these Terms only as described in clause (a). We keep records of acceptance, including the timestamp, network address, and version accepted.
3.2 Changes; general. We may update these Terms. For material changes we will provide notice (by banner, interstitial, or email to Account Holders) and require fresh acceptance before continued use, and the updated version applies from the effective date given in that notice. Each version is identified by number, effective date, and content hash. We record these for every version; they are available on request, as are prior versions.
3.3 Changes; arbitration. Section 20 (Dispute Resolution; Arbitration; Class Waiver) may be changed only as described in Section 20.10, which requires advance notice and provides a fresh 30-day right to reject each change.
The Service and the Data are the product of MeasureBoard's own substantial investment. We operate our own internet-wide measurement infrastructure that observes, verifies, and compiles facts about domains from publicly accessible sources. As between you and us, we own all right, title, and interest in the Service and in the Data as a compilation, including:
(a) the database as a whole and every substantial part of it, which, together with our non-public collection, detection, classification, and ranking methods, we maintain as trade secrets and confidential information, protected by technical access controls including human-verification gates, rate limits, and plan quotas;
(b) our compilation copyright in the selection, coordination, arrangement, taxonomy, category structure, and editorial text of the Service;
(c) where recognized, database rights (including sui generis database rights in the European Union and the United Kingdom) and all other intellectual property and proprietary rights, in every jurisdiction; and
(d) the MeasureBoard and getdomaindata names, logos, and branding.
The value of the database lies in its scale, verification, cross-source synthesis, and organization, which are not publicly available and cannot be reconstructed from the individual records the Service displays. Third-party product and company names and logos displayed in the Service are the trademarks of their respective owners, are used for identification purposes only, and do not imply any affiliation with, or endorsement of or by, MeasureBoard.
Nothing in these Terms restricts your use of individual facts you learn independently of the Service. What these Terms restrict is the extraction, retention, and reuse of Data obtained from the Service. Nothing in these Terms restricts uses that applicable law makes non-waivable. All rights not expressly granted are reserved.
5.1 Grant. Subject to these Terms, we grant you a limited, revocable, non-exclusive, non-transferable, non-sublicensable license to view and query the Data through the Service's provided interfaces, and to use individual query results for your own internal business or personal purposes only, within the limits of your tier and plan.
5.2 Free tier limited to evaluation. For Visitors, Users, and free Account Holders, the license in Section 5.1 is further limited to evaluation and internal use only. This limitation is in addition to, and does not replace, every other restriction in these Terms.
5.3 Quotas define the license. Rate limits, query quotas, result caps, and plan limits are part of the scope of your license and are material terms of this contract, not merely technical settings. Exceeding or circumventing them is use outside the scope of your license.
5.4 No sale. The Data is licensed, not sold. No ownership of any Data, or of any copy of it, passes to you.
5.5 Expanded rights by separate agreement only. Rights to redistribute the Data, publish it, embed it in products or services, or use it to train machine learning systems are available only under a separately executed written Data License Agreement. Contact [email protected]. No conduct, course of dealing, or tolerance of use grants such rights by implication.
"Derived Data" means anything created from Data obtained from the Service that reproduces, summarizes, approximates, or is substantially derived from it, including extracts, compilations, aggregations, statistics, indexes, caches, embeddings or other vector representations, model weights or parameters, fingerprints, and reconstructions of our detection rules or taxonomy.
Except as expressly permitted by your tier or by a written Data License Agreement: (a) you may create Derived Data only transiently, as an unavoidable incident of permitted internal use; (b) all restrictions on Data apply equally to Derived Data; (c) you may not retain Data or Derived Data beyond your session or, for Account Holders, beyond 30 days of internal working use; and (d) upon termination of these Terms or upon written request, you will permanently delete all retained Data and Derived Data and, if we so request, certify that deletion in writing. Clauses (c) and (d) do not apply to an individual using the Service solely for personal, non-commercial purposes who retains individual query results in quantities below the thresholds of Section 7(a).
Except with our prior written consent or under a written Data License Agreement, you may not, and may not permit or assist anyone else to:
(a) Extract or replicate the database. Engage in any systematic or methodical extraction of Data from the Service, by any means (including manual copying, repeated queries, automated retrieval, or aggregation of results over time), or assemble from the Service a dataset that reproduces any substantial portion of the database. For purposes of these Terms, extraction is measured in the aggregate across sessions, identities, devices, affiliates, and time, and a "substantial portion" includes any amount exceeding 10,000 records or 0.1% of the records served by the Service, whichever is less.
(b) Redistribute. Sell, resell, license, sublicense, publish, post, distribute, syndicate, transfer, or otherwise make Data or Derived Data available to any third party, including within client deliverables, reports, feeds, or data products, except as permitted by Section 8.
(c) Scrape or bulk-extract. Access the Service by any automated means outside a documented API made available to your plan, including crawlers, scrapers, bots, headless browsers, and bulk download tools; or harvest, mirror, frame, or cache the Service's pages or endpoints.
(d) Circumvent controls. Bypass, defeat, probe, or interfere with any technical measure of the Service, including human-verification challenges, session controls, rate limits, quotas, IP-based controls, paywalls, and blocks; access the Service after suspension, termination, or revocation of access; or use rotating proxies, credential sharing, key pooling, or multiple accounts to evade limits.
(e) Build a competing database. Use the Service, or any Data obtained from the Service, to create, train, improve, verify, or populate a product or service that provides technology-detection, DNS or infrastructure, or domain-classification data about internet domains, or any other database that substitutes for the Service. Nothing in this paragraph restricts the use of information you obtain independently, without use of the Service, consistent with Section 4.
(f) Train AI systems. Use Data or Derived Data to train, pre-train, fine-tune, calibrate, align, distill, or evaluate any machine learning model or AI system; to build embeddings, vector stores, or retrieval corpora; or to feed agentic or automated systems that retrieve Data in bulk, including via connector protocols. Incidental use of individual results in an AI tool in the ordinary course of permitted internal work (for example, pasting a single query result into an assistant) is not "training" for purposes of this paragraph. Use is incidental only if it is individual, manual, and non-systematic; repeated, scripted, or programmatic submission of results, measured in the aggregate across sessions, identities, and affiliates, is not incidental.
(g) Reverse engineer. Reverse engineer, decompile, or attempt to reconstruct the Service's detection methods, fingerprints, classification taxonomy, ranking methodology, or the composition of the underlying database, including by systematically probing queries and comparing results.
(h) Wrap or proxy the Service. Operate any interface, API, bot, or service that relays queries to the Service or resells access to it; or share, publish, or pool credentials or API keys.
(i) Publish commercial benchmarks of the Service. Conduct for the benefit of, or publish by or for the benefit of, any product or service described in Section 7(e) any systematic benchmark, accuracy test, or comparative evaluation of the Service or of the Data's quality or coverage, without our prior written consent. Nothing in this paragraph or elsewhere in these Terms restricts any individual's right to publish honest reviews, complaints, or assessments of the Service, including observations about the accuracy of particular Data. This paragraph does not restrict citation of Data under Section 8.
(j) Misuse the Data. Use the Data to violate any law or third-party right, to send unsolicited communications in violation of applicable law, to conduct security attacks, or to harass any person.
Rate-limit tiers, blocks, and similar technical responses are cumulative with, and not a substitute for, our contractual and legal remedies. Our tolerance of any prohibited conduct is not a waiver.
We encourage journalists, researchers, academics, and commentators to cite the Service. You may quote individual data points, small excerpts, and our published leaderboards, rankings, and reports in articles, papers, posts, and broadcasts, provided that you (a) attribute the material to "getdomaindata.com," with a link where the medium allows; (b) do not quote more than 50 individual data points per publication per calendar month, measured in the aggregate across affiliated publications, and do not reproduce a substantial portion of the underlying database or use citation as a means of redistribution; and (c) do not state or imply our endorsement.
This Section is a limited exception to Section 7(b) only. It creates no exception to any other provision of Section 7, and it is not available to, and may not be relied upon by, any person or entity that develops, operates, contributes to, or acts for the benefit of a product or service described in Section 7(e) (competing databases and services), regardless of how the use is characterized, including characterization as research, academic study, journalism, benchmarking, or evaluation. Whether a use qualifies under this Section is determined by the use actually made of the Data, not by the user's title, affiliation, or stated purpose.
You agree to provide accurate registration information and keep it current. Authentication is by one-time codes sent to your email address; you are responsible for maintaining control of that email account and for all activity under your account, including activity by anyone you allow to use it or who acts on your behalf. Notify us promptly at [email protected] of any suspected unauthorized use. Accounts are personal to you (or to the entity described in Section 10) and may not be shared, sold, or transferred.
10.1 Authority to bind. If you create or use an account on behalf of a company or other legal entity, you represent and warrant that you are authorized to bind that entity (and any affiliates you enroll) to these Terms, in which case "you" includes that entity. If you lack that authority, you are personally bound by these Terms and must not use business features. We may collect and rely upon the name and title you provide at signup.
10.2 Consent to scan designated properties. Business features may allow you to designate websites, domains, or DNS zones for enhanced scanning. You may designate only properties that you, or the entity you bind, own, operate, or are otherwise affiliated with and authorized to enroll. For each designated property, and conditioned on successful verification of your control (for example, by DNS TXT record or a well-known file), you grant us a non-exclusive, worldwide, royalty-free license, for the duration of the enrollment, to access, crawl, scan, retrieve, and analyze that property, including its pages, DNS records, and endpoints, as reasonably necessary to provide, secure, and improve the Service. This license includes automated access at rates exceeding our default public crawl and access that bypasses the property's bot mitigation for our verified requests.
10.3 Representations; reliance; indemnity. You represent and warrant that you have all rights and permissions necessary to grant the license in Section 10.2 for each designated property and that our authorized access will not violate any law or any third party's rights. We are entitled to rely on instructions given through your authenticated account. You will indemnify us under Section 17 for claims arising from scans of properties you designated.
10.4 Public measurement is separate. Our general, internet-wide measurement of publicly accessible information is conducted independently of this Section 10, in accordance with our published crawler policy (identification, robots.txt compliance, and opt-out registry), and does not depend on any grant in these Terms.
Paid plans, prices, quotas, renewal terms, and cancellation terms are stated at purchase and are incorporated into these Terms. Unless stated otherwise at purchase, fees are in U.S. dollars and non-refundable except where required by law, and taxes are your responsibility. For paid plans, access to Data beyond plan quotas is licensed at the overage rates presented and accepted at purchase; consuming Data beyond quota on such a plan constitutes an order for overage at those rates, without limiting our other remedies for prohibited conduct. Use of a free tier beyond its quotas results in throttling or denial of service, not in charges, without limiting our remedies for conduct prohibited by Section 7. [Auto-renewal disclosures to be finalized when commerce ships.]
We may add, change, suspend, or discontinue any feature of the Service at any time. We do not promise any particular availability or uptime for free tiers. You are responsible for your own network access and equipment.
The Data is observational. It is compiled by automated, large-scale scanning and analysis of publicly available sources, and detections are probabilistic. All Data is provided "as is" and "as available," for informational purposes only; it may be incomplete, out of date, or wrong for any given domain. The Data is not legal, security, financial, or other professional advice, and you should independently verify any Data before relying on it. The disclaimers and exclusions in Section 15 apply to all Data.
If you send us ideas, suggestions, or other feedback, you grant us a perpetual, irrevocable, worldwide, royalty-free license to use it for any purpose without obligation or attribution, and you represent that it is not subject to third-party rights or confidentiality obligations.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICE AND THE DATA ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF ACCURACY, COMPLETENESS, NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES; IN THOSE JURISDICTIONS THE FOREGOING EXCLUSIONS APPLY TO THE FULLEST EXTENT PERMITTED.
TO THE MAXIMUM EXTENT PERMITTED BY LAW: (A) NEITHER PARTY IS LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, REVENUE, DATA, OR GOODWILL; AND (B) OUR TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THE SERVICE OR THESE TERMS IS LIMITED TO THE GREATER OF (i) THE FEES YOU PAID US IN THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO LIABILITY AND (ii) ONE HUNDRED U.S. DOLLARS (US $100).
These limitations are an essential basis of the bargain between the parties and apply regardless of the theory of liability and even if a remedy fails of its essential purpose. They do not exclude liability that cannot be excluded by law (including, where applicable, liability for death or personal injury caused by negligence, or for fraud or gross negligence), and nothing in these Terms limits the non-waivable rights of consumers under mandatory local law. Each limitation in this Section is severable and independently enforceable. Clause (A) does not limit your payment obligations, nor either party's liability for breach of Sections 5 through 8 (data license and restrictions) or for misappropriation of the other party's intellectual property or trade secrets.
You will defend, indemnify, and hold harmless MeasureBoard and its members, managers, officers, and agents from and against any third-party claim, and all resulting damages, penalties, costs, and reasonable attorneys' fees, arising out of (a) your breach of these Terms, (b) your unlawful use or misuse of the Service or the Data, (c) scans of properties you designated under Section 10, or (d) your violation of law or of third-party rights. We may assume the exclusive defense of any matter otherwise subject to indemnification, in which case you will cooperate with our defense. This Section does not apply to an individual using a free tier of the Service solely for personal, non-commercial purposes, except with respect to claims arising from conduct prohibited by Section 7 or from that individual's violation of law.
18.1 Term; termination by you. These Terms apply from your first access and continue until terminated. You may terminate at any time by ceasing all use of the Service and, if you have an account, deleting it or requesting its deletion.
18.2 Suspension and termination by us. We may suspend or terminate your access, in whole or in part (including any tier or feature), with notice for convenience, or immediately and without notice for breach of these Terms, suspected abuse, security risk, legal compliance, or non-payment. We may also revoke the access of any person or system that has never held an account, by any reasonable form of notice, after which any further access is unauthorized.
18.3 Effect; survival. Upon termination your license ends and the deletion obligations of Section 6 apply. The following provisions survive any termination, suspension, or expiration, and continue to bind you with respect to any subsequent access to the Service or the Data by any means, whether or not authenticated: Sections 4 through 8 (ownership, license limits, Derived Data, prohibited uses, and citation conditions), Section 10.3, Section 11 (accrued fees and overage), Sections 13 through 17, this Section 18.3, Section 19 (enforcement), Section 20 (dispute resolution, arbitration, and class waiver), and Sections 21 through 24.
19.1 Monitoring and investigation. We may monitor use of the Service, investigate suspected violations, preserve and disclose records as required by law, and cooperate with law enforcement.
19.2 Audit (business and paid tiers). On 10 business days' notice, and no more than once in any 12-month period absent reasonable suspicion of breach, you will provide records (or a certification) reasonably sufficient to verify compliance with Sections 5 through 8, including deletion certifications. If an audit reveals a material breach, you will reimburse the reasonable cost of the audit in addition to any other remedy.
19.3 Injunctive relief. Each party agrees that breach of Sections 4 through 8 or Section 10, or infringement or misappropriation of a party's intellectual property or trade secrets, would cause the other party irreparable harm for which money damages are inadequate, and that either party is entitled to seek injunctive and other equitable relief (including, in our case, orders requiring deletion and certified destruction of Data and Derived Data) without posting a bond, in addition to all other remedies.
19.4 Liquidated damages for willful extraction. The parties acknowledge that the harm from covert bulk extraction is real but inherently difficult to quantify, because it degrades the confidentiality and market value of the database in ways that cannot be traced transaction by transaction. Accordingly, if you willfully engage in systematic extraction or other conduct violating Section 7(a) through (c) or 7(e) through (h), whether or not it involves circumvention of technical access controls (Section 7(d)), you agree to pay, as liquidated damages and not as a penalty, US $500 per 1,000 records so obtained, up to an aggregate maximum of US $250,000 for related conduct, which the parties agree is a reasonable pre-estimate of loss. This Section does not limit our right to injunctive relief. For any given records, we may elect either liquidated damages under this Section or proven damages, but not both. Overage fees under Section 11 apply to paid-plan over-quota use that is not subject to this Section.
19.5 Fees of enforcement. In any action or arbitration in which we prevail on a claim of breach of Sections 5 through 8 (data license and restrictions), you will pay our reasonable attorneys' fees and costs incurred on that claim. This Section does not apply to an individual using the Service solely for personal, non-commercial purposes. Statutory rights of either party to recover fees under applicable law are preserved.
PLEASE READ THIS SECTION CAREFULLY. IT REQUIRES MOST DISPUTES TO BE RESOLVED BY BINDING INDIVIDUAL ARBITRATION, WHICH MEANS NO JUDGE OR JURY, LIMITED DISCOVERY AND APPEAL, AND NO CLASS OR REPRESENTATIVE PROCEEDINGS. YOU MAY OPT OUT WITHIN 30 DAYS UNDER SECTION 20.7.
20.1 Scope; FAA. "Dispute" means any dispute, claim, or controversy between you and MeasureBoard arising out of or relating to these Terms or the Service, excluding the matters carved out in Section 20.5. This Section is governed by the Federal Arbitration Act and evidences a transaction in interstate commerce. This Section survives termination of these Terms and applies to Disputes arising from your use of the Service before this Section took effect. This Section does not apply to any person who has not accepted these Terms, and does not apply to claims arising solely from our collection or publication of data concerning properties you own or operate, independent of your use of the Service.
20.2 Informal resolution first (required). Before starting an arbitration or court case, the party raising the Dispute must send the other party an individualized written notice (a "Dispute Notice"). A Dispute Notice from you must include your name; your mailing address and, if different, your residential address; the email address on your account (or the session details of your use); a description of the Dispute; the relief you seek; and your personal signature, and must be sent to [email protected] or to MeasureBoard LLC, 30 N. Gould Street, Suite N, Sheridan, Wyoming
20.3 Agreement to arbitrate. If a Dispute is not resolved informally, it shall be resolved by binding arbitration on an individual basis, administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules and, where applicable, its Mass Arbitration Supplementary Rules, each as in effect when the arbitration is filed, except as modified by this Section. If the AAA is unavailable, the parties will select, or a court will appoint, another established administrator, and this Section remains enforceable. The arbitrator shall apply the same substantive law, statutes of limitations, and privileges that a court would apply; may award any individual relief a court could award, including public injunctive relief where applicable law requires that such relief be available; and shall issue a reasoned written decision. Hearings will take place in the county where you live, by video, or on the documents alone, in accordance with the AAA's rules. Consumer filing fees are capped at the amount set by the AAA's consumer fee schedule, and we will pay all remaining AAA administrative fees and arbitrator compensation as that schedule provides. If you cannot afford your filing fee and the AAA denies a waiver, we will advance it upon your written request. The arbitrator may award sanctions, including fee shifting, against a party or its counsel for claims or filings that are frivolous, brought in bad faith, or brought for purposes of harassment, to the same extent a court could under Federal Rule of Civil Procedure 11.
20.4 Who decides what. The arbitrator decides all threshold questions concerning the scope, enforceability, and application of this arbitration agreement, except that a court of competent jurisdiction decides (a) the enforceability of the Class Action Waiver in Section 20.6, (b) compliance with Section 20.2, and (c) whether a claim belongs in small claims court under Section 20.5(a).
20.5 What stays in court (mutual carve-outs). Either party may (a) bring an individual claim in any small claims court of competent jurisdiction, so long as the claim remains individual and within that court's jurisdictional limits (Section 22's venue provision does not apply to claims under this clause); (b) bring a court action for injunctive or other equitable relief to prevent or stop actual or threatened infringement, misappropriation, or violation of a party's intellectual property rights or trade secrets, including breach of Sections 4 through 8; and (c) seek temporary equitable relief from a court in aid of arbitration. These carve-outs are equally available to both parties.
20.6 Class action waiver. TO THE MAXIMUM EXTENT PERMITTED BY LAW, EACH PARTY MAY BRING DISPUTES AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF, CLAIMANT, OR CLASS MEMBER IN ANY CLASS, COLLECTIVE, CONSOLIDATED, REPRESENTATIVE, OR PRIVATE ATTORNEY GENERAL PROCEEDING, WHETHER IN ARBITRATION OR IN COURT. The arbitrator may not consolidate more than one person's claims and may not preside over any form of class or representative proceeding, except that individual arbitrations may be batched for administration as provided in Section 20.8. If a court finds this waiver unenforceable as to a particular claim, then the agreement to arbitrate is void as to that claim only, that claim shall proceed in court on an individual basis to the extent permitted by law, and all other claims remain subject to individual arbitration. In no event will any Dispute proceed as a class arbitration.
20.7 Your right to opt out. You may opt out of Sections 20.3 through 20.6 and Section 20.8, with no effect on your access to the Service or on any other term, by submitting the opt-out form at getdomaindata.com/arbitration-opt-out or by emailing [email protected], within 30 days after you first accept these Terms (or, for changes to this Section, within 30 days after the change's effective date). A valid opt-out must state that you opt out of arbitration and must include your name, a mailing or email address at which we can confirm receipt, and, if you hold an account, your account email address (or, if you do not hold an account, whatever information you can reasonably provide to help us associate you with your acceptance of these Terms). We will use reasonable efforts to make that association, and an opt-out is effective when sent. An opt-out is personal to you and does not extend to anyone else. We will confirm receipt. If you opt out, Sections 20.1, 20.2, 20.5, and 20.9 and the jury trial waiver in Section 21 continue to apply, and the Class Action Waiver continues to apply to the extent permitted by law.
20.8 Coordinated filings (mass arbitration). If 25 or more Dispute Notices or arbitration demands raising similar claims are filed by or with the assistance of the same counsel of record or coordinated counsel, then, in addition to the AAA's Mass Arbitration Supplementary Rules: (a) counsel must certify that each claim is individually meritorious and satisfies the standards of Rule 11(b); (b) the claims will be resolved in concurrent batches of up to 100, with an initial bellwether set of up to 10 selected in equal numbers by each side and the remainder randomly assigned to batches; (c) after the bellwether decisions, the parties will participate in a global mediation session, which does not suspend the progress of other batches; (d) bellwether and batch outcomes bind only the parties to each individual arbitration and have no preclusive effect on any other claimant; (e) all applicable statutes of limitations are tolled for every claimant from the date the claimant's compliant Dispute Notice is received until that claimant's arbitration concludes or this process ends; (f) either party may elect small claims court for any eligible claim; and (g) if a claimant's individual arbitration has not commenced (meaning an arbitrator has been appointed) within 12 months of the claimant's compliant demand, excluding delay caused by the claimant, that claimant may elect to proceed in court on an individual basis. Disputes about the administration of this Section are resolved by an AAA Process Arbitrator.
20.9 Where mandatory law protects you. Sections 20.3 through 20.8 apply only to the extent permitted by the law of your place of habitual residence. If you are a consumer in the European Union, the United Kingdom, or another jurisdiction whose mandatory law does not permit pre-dispute arbitration agreements or class action waivers in consumer contracts, those provisions do not bind you to that extent, and nothing in these Terms deprives you of the protection of the mandatory laws of your country of residence or of your right to bring proceedings in your local courts.
20.10 Changes to this Section. We will not change this Section 20 without giving Account Holders at least 30 days' advance written notice (and posting notice for other users) identifying the change and its effective date. Each change carries a fresh 30-day opt-out right under Section 20.7. A change does not apply to any Dispute for which a Dispute Notice was received before the change's effective date. If you reject a change, the most recent version of this Section that you accepted and did not reject continues to apply.
TO THE EXTENT ANY DISPUTE ARISING FROM BUSINESS OR COMMERCIAL USE OF THE SERVICE PROCEEDS IN COURT (INCLUDING UNDER THE CARVE-OUTS IN SECTION 20.5, AN OPT-OUT UNDER SECTION 20.7, OR A FINDING OF UNENFORCEABILITY), EACH PARTY KNOWINGLY AND VOLUNTARILY WAIVES ITS RIGHT TO A TRIAL BY JURY TO THE MAXIMUM EXTENT PERMITTED BY LAW. This waiver does not apply where prohibited by the law of the forum.
These Terms and any Dispute are governed by the laws of the State of Wyoming and applicable U.S. federal law, without regard to conflict-of-laws rules, except that Section 20 is governed by the Federal Arbitration Act. Subject to Section 20 (arbitration) and Section 20.9 (mandatory consumer protections, which this Section does not affect), the exclusive venue for any court proceeding is the state courts located in Sheridan County, Wyoming, and the United States District Court for the District of Wyoming, and each party consents to the jurisdiction of those courts and waives objections to that venue. If you are a consumer, nothing in this Section deprives you of the protection of mandatory consumer-protection laws of your state or country of residence, or of any non-waivable right under those laws to bring or defend proceedings in your local courts.
We respect intellectual property rights and expect users to do the same. If you believe material on the Service infringes your copyright, send a notice compliant with 17 U.S.C. § 512(c)(3) to our designated agent: Copyright Agent, MeasureBoard LLC, 30 N. Gould Street, Suite N, Sheridan, Wyoming 82801, [email protected]. A notice must include identification of the work and of the allegedly infringing material (with its URL), your contact information, a good-faith statement that the use is unauthorized, a statement made under penalty of perjury that the notice is accurate and that you are authorized to act, and your physical or electronic signature. If your material was removed by mistake, you may send a counter-notice under 17 U.S.C. § 512(g); we will restore the material within 10 to 14 business days after receiving a compliant counter-notice unless the complainant files a court action. We terminate the accounts of repeat infringers in appropriate circumstances. Misrepresentations in notices or counter-notices may create liability under 17 U.S.C. § 512(f).
24.1 Nature of the Service. The Service describes websites; it does not host, transmit, or reproduce them. The Data consists of technical measurements made by our own systems (technologies detected, DNS and hosting facts, traffic and headcount estimates) and, where shown, short factual descriptors taken from a site's public homepage, such as its title.
24.2 Illegal and objectionable content. We do not condone, support, or encourage content that is illegal under the laws of the United States, and we do not intend the Service to describe websites whose content is. We apply automated screening to domain names and to the text our crawler collects, and we may, at our sole discretion and without notice, (a) exclude a domain from the Service and from future crawling, or (b) withhold a domain's descriptive text while continuing to publish technical measurements about it. Categories we screen for include child sexual abuse material, sexual violence, terrorism and violent extremism, the sale of controlled substances, forged identity documents and stolen financial data, the promotion of suicide and self-harm, and material that is obscene. We take these actions in good faith under 47 U.S.C. § 230(c)(2), whether or not the material is constitutionally protected.
24.3 No duty to monitor; no representation. Screening is automated and incomplete. We have no obligation to monitor the websites the Data describes, and the presence of a domain in the Service is not a representation that its content is lawful. The absence of a domain, or of descriptive text on a domain's page, is not a statement about that domain, its content, or its operator.
24.4 Reports. If you believe a domain in the Service carries content that is illegal or obscene, report it to [email protected] with the domain and a description of what you observed. Do not send us the content itself. We review every report and act on it. We report apparent child sexual abuse material to the National Center for Missing and Exploited Children and may share reports with law enforcement. Site operators who believe their domain's text was withheld in error may request review at the same address; we will re-examine the domain and restore the record where the screening was wrong. Decisions under this Section are ours alone and are not subject to Section 20.
25.1 Entire agreement. These Terms, together with the documents they incorporate (plan terms presented at purchase, any executed Data License Agreement, and our published crawler policy for purposes of Section 10.4), are the entire agreement between the parties concerning the Service and supersede all prior discussions. Our Privacy Policy describes our data practices and is not a contract term except where these Terms expressly provide otherwise.
25.2 Severability; reformation. If any provision of these Terms is held unenforceable, it shall be reformed to the minimum extent necessary to make it enforceable while preserving the parties' intent or, if it cannot be reformed, severed, and the remainder of these Terms continues in effect. Sections 16 and 20.6 contain their own severability rules, which control for those sections.
25.3 Assignment. You may not assign these Terms or your account. We may assign these Terms in connection with a merger, acquisition, reorganization, or sale of assets, or by operation of law.
25.4 No waiver. A failure to enforce any provision is not a waiver. Waivers must be in a writing signed by us and apply only as written.
25.5 No third-party beneficiaries, except our affiliates, members, managers, officers, and agents as stated in Sections 17 and 20.
25.6 Electronic communications. You consent to receive notices and communications from us electronically, by email to your account address or by posting on the Service, and such notices satisfy any requirement of a writing.
25.7 Export and sanctions. You may not use the Service in violation of U.S. export control or sanctions laws, and you represent that you are not located in an embargoed jurisdiction and are not on any restricted-party list.
25.8 Language. These Terms are drafted in English. Translations are provided for convenience only, and the English version controls to the extent permitted by applicable law.
25.9 No relationship. Nothing in these Terms creates any partnership, agency, fiduciary, or employment relationship between the parties.
25.10 Contact. MeasureBoard LLC, 30 N. Gould Street, Suite N, Sheridan, Wyoming 82801, [email protected].
