Google Analytics Terms of Service

These Google Analytics Terms of Service (this "Agreement") are entered into
by Google LLC ("Google") and the entity executing this Agreement ("You"). This
Agreement governs Your use of the standard Google Analytics (the "Service").
BY CLICKING THE "I ACCEPT" BUTTON, COMPLETING THE REGISTRATION PROCESS, OR USING
THE SERVICE, YOU ACKNOWLEDGE THAT YOU HAVE REVIEWED AND ACCEPT THIS AGREEMENT
AND ARE AUTHORIZED TO ACT ON BEHALF OF, AND BIND TO THIS AGREEMENT, THE OWNER
OF THIS ACCOUNT. In consideration of the foregoing, the parties agree as follows:

1. Definitions.

"Account" refers to the account for the Service. All Profiles (as applicable)
linked to a single Property will have their Hits aggregated before determining
the charge for the Service for that Property.

"Confidential Information" includes any proprietary data and any other information
disclosed by one party to the other in writing and marked "confidential" or
disclosed orally and, within five business days, reduced to writing and marked
"confidential". However, Confidential Information will not include any information
that is or becomes known to the general public, which is already in the receiving
party's possession prior to disclosure by a party or which is independently
developed by the receiving party without the use of Confidential Information.

"Customer Data" or "Google Analytics Data" means the data you collect, process
or store using the Service concerning the characteristics and activities of
Users.

"Documentation" means any accompanying documentation made available to You by
Google for use with the Processing Software, including any documentation available
online.

"GAMC" means the Google Analytics Measurement Code, which is installed on a
Property for the purpose of collecting Customer Data, together with any fixes,
updates and upgrades provided to You.

"Hit" means a collection of interactions that results in data being sent to
the Service and processed. Examples of Hits may include page view hits and ecommerce
hits. A Hit can be a call to the Service by various libraries, but does not
have to be so (e.g., a Hit can be delivered to the Service by other Google Analytics-supported
protocols and mechanisms made available by the Service to You).

"Platform Home" means the user interface through which You can access certain
Google Marketing Platform-level functionality.

"Processing Software" means the Google Analytics server-side software and any
upgrades, which analyzes the Customer Data and generates the Reports.

"Profile" means the collection of settings that together determine the information
to be included in, or excluded from, a particular Report. For example, a Profile
could be established to view a small portion of a web site as a unique Report.

"Property" means any web page, application, other property or resource under
Your control that sends data to Google Analytics.

"Privacy Policy" means the privacy policy on a Property.

"Report" means the resulting analysis shown at www.google.com/analytics/, some
of which may include analysis for a Profile.

"Servers" means the servers controlled by Google (or its wholly-owned subsidiaries)
on which the Processing Software and Customer Data are stored.

“SDKs” mean certain software development kits, which may be used or incorporated
into a Property app for the purpose of collecting Customer Data, together with
any fixes, updates, and upgrades provided to You.

"Software" means the Processing Software, GAMC and/or SDKs.

"Third Party" means any third party (i) to which You provide access to Your
Account or (ii) for which You use the Service to collect information on the
third party's behalf.

"Users" means users and/or visitors to Your Properties.

The words "include" and "including" mean "including but not limited to."

2. Fees and Service.

Subject to Section 15, the Service is provided without charge to You for up
to 10 million Hits per month per Account. Google may change its fees and payment
policies for the Service from time to time including the addition of costs for
geographic data, the importing of cost data from search engines, or other fees
charged to Google or its wholly-owned subsidiaries by third party vendors for
the inclusion of data in the Service reports. The changes to the fees or payment
policies are effective upon Your acceptance of those changes which will be posted
at www.google.com/analytics/. Unless otherwise stated, all fees are quoted in
U.S. Dollars. Any outstanding balance becomes immediately due and payable upon
termination of this Agreement and any collection expenses (including attorneys'
fees) incurred by Google will be included in the amount owed, and may be charged
to the credit card or other billing mechanism associated with Your AdWords account.

3. Member Account, Password, and Security.

To register for the Service, You must complete the registration process by providing
Google with current, complete and accurate information as prompted by the registration
form, including Your e-mail address (username) and password. You will protect
Your passwords and take full responsibility for Your own, and third party, use
of Your accounts. You are solely responsible for any and all activities that
occur under Your Account. You will notify Google immediately upon learning of
any unauthorized use of Your Account or any other breach of security. Google's
(or its wholly-owned subsidiaries) support staff may, from time to time, log
in to the Service under Your customer password in order to maintain or improve
service, including to provide You assistance with technical or billing issues.

4. Nonexclusive License.

Subject to the terms and conditions of this Agreement, (a) Google grants You
a limited, revocable, non-exclusive, non-sublicensable license to install, copy
and use the GAMC and/or SDKs solely as necessary for You to use the Service
on Your Properties or Third Party's Properties; and (b) You may remotely access,
view and download Your Reports stored at www.google.com/analytics/. You will
not (and You will not allow any third party to) (i) copy, modify, adapt, translate
or otherwise create derivative works of the Software or the Documentation; (ii)
reverse engineer, decompile, disassemble or otherwise attempt to discover the
source code of the Software, except as expressly permitted by the law in effect
in the jurisdiction in which You are located; (iii) rent, lease, sell, assign
or otherwise transfer rights in or to the Software, the Documentation or the
Service; (iv) remove any proprietary notices or labels on the Software or placed
by the Service; (v) use, post, transmit or introduce any device, software or
routine which interferes or attempts to interfere with the operation of the
Service or the Software; or (vi) use data labeled as belonging to a third party
in the Service for purposes other than generating, viewing, and downloading
Reports. You will comply with all applicable laws and regulations in Your use
of and access to the Documentation, Software, Service and Reports.

5. Confidentiality and Beta Features.

Neither party will use or disclose the other party's Confidential Information
without the other's prior written consent except for the purpose of performing
its obligations under this Agreement or if required by law, regulation or court
order; in which case, the party being compelled to disclose Confidential Information
will give the other party as much notice as is reasonably practicable prior
to disclosing the Confidential Information. Certain Service features are identified
as "Alpha," "Beta," "Experiment," (either within the Service or elsewhere by
Google) or as otherwise unsupported or confidential (collectively, "Beta Features").
You may not disclose any information from Beta Features or the terms or existence
of any non-public Beta Features. Google will have no liability arising out of
or related to any Beta Features.

6. Information Rights and Publicity.

Google and its wholly owned subsidiaries may retain and use, subject to the
terms of its privacy policy (located at https://www.google.com/policies/privacy/),
information collected in Your use of the Service. Google will not share Your
Customer Data or any Third Party's Customer Data with any third parties unless
Google (i) has Your consent for any Customer Data or any Third Party's consent
for the Third Party's Customer Data; (ii) concludes that it is required by law
or has a good faith belief that access, preservation or disclosure of Customer
Data is reasonably necessary to protect the rights, property or safety of Google,
its users or the public; or (iii) provides Customer Data in certain limited
circumstances to third parties to carry out tasks on Google's behalf (e.g.,
billing or data storage) with strict restrictions that prevent the data from
being used or shared except as directed by Google. When this is done, it is
subject to agreements that oblige those parties to process Customer Data only
on Google's instructions and in compliance with this Agreement and appropriate
confidentiality and security measures.

7. Privacy.

You will not and will not assist or permit any third party to, pass information
to Google that Google could use or recognize as personally identifiable information.
You will have and abide by an appropriate Privacy Policy and will comply with
all applicable laws, policies, and regulations relating to the collection of
information from Users. You must post a Privacy Policy and that Privacy Policy
must provide notice of Your use of cookies, identifiers for mobile devices (e.g.,
Android Advertising Identifier or Advertising Identifier for iOS) or similar
technology used to collect data. You must disclose the use of Google Analytics,
and how it collects and processes data. This can be done by displaying a prominent
link to the site "How Google uses data when you use our partners' sites or apps",
(located at www.google.com/policies/privacy/partners/, or any other URL Google
may provide from time to time). You will use commercially reasonable efforts
to ensure that a User is provided with clear and comprehensive information about,
and consents to, the storing and accessing of cookies or other information on
the User’s device where such activity occurs in connection with the Service
and where providing such information and obtaining such consent is required
by law.

You must not circumvent any privacy features (e.g., an opt-out) that are part
of the Service. You will comply with all applicable Google Analytics policies
located at www.google.com/analytics/policies/ (or such other URL as Google may
provide) as modified from time to time (the "Google Analytics Policies").

You may participate in an integrated version of Google Analytics and certain
Google advertising services ("Google Analytics Advertising Features"). If You
use Google Analytics Advertising Features, You will adhere to the Google Analytics
Advertising Features policy (available at support.google.com/analytics/bin/answer.py?hl=en&topic=2611283&answer=2700409).
Your access to and use of any Google advertising service is subject to the applicable
terms between You and Google regarding that service.

If You use the Platform Home, Your use of the Platform Home is subject to the
Platform Home Additional Terms (or as subsequently re-named) available at https://support.google.com/marketingplatform/answer/9047313
(or such other URL as Google may provide) as modified from time to time (the
"Platform Home Terms").

8. Indemnification.

To the extent permitted by applicable law, You will indemnify, hold harmless
and defend Google and its wholly-owned subsidiaries, at Your expense, from any
and all third-party claims, actions, proceedings, and suits brought against
Google or any of its officers, directors, employees, agents or affiliates, and
all related liabilities, damages, settlements, penalties, fines, costs or expenses
(including, reasonable attorneys' fees and other litigation expenses) incurred
by Google or any of its officers, directors, employees, agents or affiliates,
arising out of or relating to (i) Your breach of any term or condition of this
Agreement, (ii) Your use of the Service, (iii) Your violations of applicable
laws, rules or regulations in connection with the Service, (iv) any representations
and warranties made by You concerning any aspect of the Service, the Software
or Reports to any Third Party; (v) any claims made by or on behalf of any Third
Party pertaining directly or indirectly to Your use of the Service, the Software
or Reports; (vi) violations of Your obligations of privacy to any Third Party;
and (vii) any claims with respect to acts or omissions of any Third Party in
connection with the Service, the Software or Reports. Google will provide You
with written notice of any claim, suit or action from which You must indemnify
Google. You will cooperate as fully as reasonably required in the defense of
any claim. Google reserves the right, at its own expense, to assume the exclusive
defense and control of any matter subject to indemnification by You.

9. Third Parties.

If You use the Service on behalf of the Third Party or a Third Party otherwise
uses the Service through Your Account, whether or not You are authorized by
Google to do so, then You represent and warrant that (a) You are authorized
to act on behalf of, and bind to this Agreement, the Third Party to all obligations
that You have under this Agreement, (b) Google may share with the Third Party
any Customer Data that is specific to the Third Party's Properties, and (c)
You will not disclose Third Party's Customer Data to any other party without
the Third Party's consent.

10. DISCLAIMER OF WARRANTIES.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, EXCEPT AS EXPRESSLY PROVIDED
FOR IN THIS AGREEMENT, GOOGLE MAKES NO OTHER WARRANTY OF ANY KIND, WHETHER EXPRESS,
IMPLIED, STATUTORY OR OTHERWISE, INCLUDING WITHOUT LIMITATION WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR USE AND NONINFRINGEMENT.

11. LIMITATION OF LIABILITY.

TO THE EXTENT PERMITTED BY APPLICABLE LAW, GOOGLE WILL NOT BE LIABLE FOR YOUR
LOST REVENUES OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, OR
PUNITIVE DAMAGES, EVEN IF GOOGLE OR ITS SUBSIDIARIES AND AFFILIATES HAVE BEEN
ADVISED OF, KNEW OR SHOULD HAVE KNOWN THAT SUCH DAMAGES WERE POSSIBLE AND EVEN
IF DIRECT DAMAGES DO NOT SATISFY A REMEDY. GOOGLE'S (AND ITS WHOLLY OWNED SUBSIDIARIES’)
TOTAL CUMULATIVE LIABILITY TO YOU OR ANY OTHER PARTY FOR ANY LOSS OR DAMAGES
RESULTING FROM CLAIMS, DEMANDS, OR ACTIONS ARISING OUT OF OR RELATING TO THIS
AGREEMENT WILL NOT EXCEED $500 (USD).

12. Proprietary Rights Notice.

The Service, which includes the Software and all Intellectual Property Rights
therein are, and will remain, the property of Google (and its wholly owned subsidiaries).
All rights in and to the Software not expressly granted to You in this Agreement
are reserved and retained by Google and its licensors without restriction, including,
Google's (and its wholly owned subsidiaries’) right to sole ownership of the
Software and Documentation. Without limiting the generality of the foregoing,
You agree not to (and not to allow any third party to): (a) sublicense, distribute,
or use the Service or Software outside of the scope of the license granted in
this Agreement; (b) copy, modify, adapt, translate, prepare derivative works
from, reverse engineer, disassemble, or decompile the Software or otherwise
attempt to discover any source code or trade secrets related to the Service;
(c) rent, lease, sell, assign or otherwise transfer rights in or to the Software,
Documentation or the Service; (d) use, post, transmit or introduce any device,
software or routine which interferes or attempts to interfere with the operation
of the Service or the Software; (e) use the trademarks, trade names, service
marks, logos, domain names and other distinctive brand features or any copyright
or other proprietary rights associated with the Service for any purpose without
the express written consent of Google; (f) register, attempt to register, or
assist anyone else to register any trademark, trade name, serve marks, logos,
domain names and other distinctive brand features, copyright or other proprietary
rights associated with Google (or its wholly owned subsidiaries) other than
in the name of Google (or its wholly owned subsidiaries, as the case may be);
(g) remove, obscure, or alter any notice of copyright, trademark, or other proprietary
right appearing in or on any item included with the Service or Software; or
(h) seek, in a proceeding filed during the term of this Agreement or for one
year after such term, an injunction of any portion of the Service based on patent
infringement.

13. U.S. Government Rights.

If the use of the Service is being acquired by or on behalf of the U.S. Government
or by a U.S. Government prime contractor or subcontractor (at any tier), in
accordance with 48 C.F.R. 227.7202-4 (for Department of Defense (DOD) acquisitions)
and 48 C.F.R. 2.101 and 12.212 (for non-DOD acquisitions), the Government's
rights in the Software, including its rights to use, modify, reproduce, release,
perform, display or disclose the Software or Documentation, will be subject
in all respects to the commercial license rights and restrictions provided in
this Agreement.

14. Term and Termination.

Either party may terminate this Agreement at any time with notice. Upon any
termination of this Agreement, Google will stop providing, and You will stop
accessing the Service. Additionally, if Your Account and/or Properties are terminated,
You will (i) delete all copies of the GAMC from all Properties and/or (ii) suspend
any and all use of the SDKs within 3 business days of such termination. In the
event of any termination (a) You will not be entitled to any refunds of any
usage fees or any other fees, and (b) any outstanding balance for Service rendered
through the date of termination will be immediately due and payable in full
and (c) all of Your historical Report data will no longer be available to You.

15. Modifications to Terms of Service and Other Policies.

Google may modify these terms or any additional terms that apply to the Service
to, for example, reflect changes to the law or changes to the Service. You should
look at the terms regularly. Google will post notice of modifications to these
terms at https://www.google.com/analytics/terms/, the Google Analytics Policies
at www.google.com/analytics/policies/, or other policies referenced in these
terms at the applicable URL for such policies. Changes will not apply retroactively
and will become effective no sooner than 14 days after they are posted. If You
do not agree to the modified terms for the Service, You should discontinue Your
use Google Analytics. No amendment to or modification of this Agreement will
be binding unless (i) in writing and signed by a duly authorized representative
of Google, (ii) You accept updated terms online, or (iii) You continue to use
the Service after Google has posted updates to the Agreement or to any policy
governing the Service.

16. Miscellaneous, Applicable Law and Venue.

Google will be excused from performance in this Agreement to the extent that
performance is prevented, delayed or obstructed by causes beyond its reasonable
control. This Agreement (including any amendment agreed upon by the parties
in writing) represents the complete agreement between You and Google concerning
its subject matter, and supersedes all prior agreements and representations
between the parties. If any provision of this Agreement is held to be unenforceable
for any reason, such provision will be reformed to the extent necessary to make
it enforceable to the maximum extent permissible so as to effect the intent
of the parties, and the remainder of this Agreement will continue in full force
and effect. This Agreement will be governed by and construed under the laws
of the state of California without reference to its conflict of law principles.
In the event of any conflicts between foreign law, rules, and regulations, and
California law, rules, and regulations, California law, rules and regulations
will prevail and govern. Each party agrees to submit to the exclusive and personal
jurisdiction of the courts located in Santa Clara County, California. The United
Nations Convention on Contracts for the International Sale of Goods and the
Uniform Computer Information Transactions Act do not apply to this Agreement.
The Software is controlled by U.S. Export Regulations, and it may be not be
exported to or used by embargoed countries or individuals. Any notices to Google
must be sent to: Google LLC, 1600 Amphitheatre Parkway, Mountain View, CA 94043,
USA, with a copy to Legal Department, via first class or air mail or overnight
courier, and are deemed given upon receipt. A waiver of any default is not a
waiver of any subsequent default. You may not assign or otherwise transfer any
of Your rights in this Agreement without Google's prior written consent, and
any such attempt is void. The relationship between Google and You is not one
of a legal partnership relationship, but is one of independent contractors.
This Agreement will be binding upon and inure to the benefit of the respective
successors and assigns of the parties hereto. The following sections of this
Agreement will survive any termination thereof: 1, 4, 5, 6 (except the last
two sentences), 7, 8, 9, 10, 11, 12, 14, 16, and 17.

17. Google Analytics for Firebase.

If You link a Property to Firebase (“Firebase Linkage”) as part of using
the Service, the following terms, in addition to Sections 1-16 above, will also
apply to You, and will also govern Your use of the Service, including with respect
to Your use of Firebase Linkage. Other than as modified below, all other terms
will stay the same and continue to apply. In the event of a conflict between
this Section 17 and Sections 1-16 above, the terms in Section 17 will govern
and control solely with respect to Your use of the Firebase Linkage.

    A. The following definition in Section 1 is modified as follows:
a. "Hit" means a collection of interactions that results in data being sent
to the Service and processed. Examples of Hits may include page view hits and
ecommerce hits. A Hit can be a call to the Service by various libraries, but
does not have to be so (e.g., a Hit can be delivered to the Service by other
Google Analytics-supported protocols and mechanisms made available by the Service
to You). For the sake of clarity, a Hit does not include certain events whose
collection reflects interactions with certain Properties capable of supporting
multiple data streams, and which may include screen views and custom events
(the collection of events, an “Enhanced Packet”).
    B. The following sentence is added to the end of Section 7 as follows:
a. If You link a Property to a Firebase project (“Firebase Linkage”) (i)
certain data from Your Property, including Customer Data, may be made accessible
within or to any other entity or personnel according to permissions set in Firebase
and (ii) that Property may have certain Service settings modified by authorized
personnel of Firebase (notwithstanding the settings You may have designated
for that Property within the Service).

Last Updated June 17, 2019