The terms “o9 Solutions,” “we,” “our,” and “us” refers to o9 Solutions, Inc., a Texas corporation, whose registered office is 1501 Lyndon B Johnson Freeway, Suite 140, Dallas, Texas 75234, including all its subsidiaries and affiliates.
The term “you” or “your” refers to the user or viewer of the Platform.
In order to use the Platform, you must have a registered account pursuant to Section 3 below. If you do not meet the foregoing requirements, do not access or use the Platform. Any unauthorized access of the Platform may give rise to a claim for damages and/or be a criminal offense.
The content of the pages of the Platform is for your general information and internal use only.
Your use of any information or materials included in the Platform is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any information or materials available through the Platform meet your specific requirements.
- Confidential Information and Ownership
You shall: (i) hold the Confidential Information in strict confidence; (ii) use the Confidential Information solely for your own internal training purposes in connection with your authorized use of the Solution as provided by Section 4 herein and for no other purpose whatsoever; and (iii) not transfer, display, convey or otherwise disclose or make available any Confidential Information to any person or entity. You shall use your best efforts to prevent inadvertent unauthorized disclosure of any Confidential Information to any person or entity. Without limiting the generality of the preceding sentence, you agree to treat Confidential Information with at least the degree of care that you treat your own confidential or proprietary information of a similar nature, but under no circumstances less than reasonable care.
We exclusively own all right, title and interest in and to the Platform, the Solution and the Confidential Information, including any and all improvements enhancements, corrections, modifications, alterations, revisions, extensions and updates and derivative works thereto. Upon our written request, you: (i) shall deliver to us (or, at our option, destroy) promptly at your expense any and all of the Confidential Information; and (ii) you shall use your best efforts to delete and remove the Confidential Information your environment (including your computers, systems, storage apparatuses, and media). Within ten (10) days after such request, You shall deliver to us a certificate signed by an officer of your company (which may be a pdf or similar file sent via email to such email address specified in the request notice) which certifies that: (a) you have returned to us (or destroyed if so requested) any and all of the Confidential Information; (b) you have not knowingly retained any complete or partial tangible or intangible copies of any of the Confidential Information; and (c) you has complied fully with the obligations of this Section.
- Account Registration
In order to set up an account with us and access and use the Platform, you must also have a valid account directly with o9 Solutions using your company email (from which account you must agree to allow us to import certain information), the “Registered Account”. You agree to maintain and update your information (including your email address) to keep it accurate, current and complete at all times. You acknowledge that, if any information provided by you is untrue, inaccurate, not current or incomplete, we reserve the right to terminate your access to and use of the Platform. You agree to keep your login information and credentials strictly confidential to prevent any unauthorized access to your account. You will be solely liable in the event of any unauthorized access or misuse of your account.
- Your Use of the Platform
- use or access the Platform, Training or Training Materials to develop a product or service that is competitive with our products or services or engage in competitive analysis or benchmarking studies against similar or competing products or services, copy any ideas, features, functions or graphics of the Platform or determine whether the Platform is within the scope of any patent;
- permit any third party (including but not limited to any employee or contractor, unless they have a Registered Account) to: (i) use, access, download or install the Platform, Training or Training Materials (including other test or production environments of ours used for training customers or prospects) for any purpose or (ii) attend any Training;
- record, take screenshots, or photos of the Training or permit any third party to record, take screenshots, or photos of the Training; disassemble, decompile, analyze the construction of, or otherwise reverse engineer, modify, copy, create derivative works of or otherwise create, attempt to create or derive, or permit or assist any third party to create or derive, the source code of the Platform or any part, feature, function or user interface thereof;
- transfer, sell, resell, rent, lease, license, sublicense, assign copy, publish, disclose, display, distribute, provide, transfer, or make available the Platform, Training or Training Materials to any third party or otherwise offer the Platform, Training or Training Materials on a standalone basis or include the Platform in a service bureau or outsourcing offering;
- otherwise use the Platform, Training or Training Materials outside the scope expressly permitted hereunder, remove any copyright, trademark or other proprietary rights notices contained in or displayed on any portion of the Platform, Training or Training Materials;
- use the Platform, Training or Training Materials, or any content or other materials on the Platform, for any unlawful purpose, including but not limited to use storing or transmitting infringing, libelous, or otherwise unlawful or tortious material, or to store or transmit material in violation of third-party privacy rights;
- restrict or inhibit any other user from using and enjoying the Platform, including by means of hacking or defacing any portion of the Platform, introducing any virus, worm, Trojan Horse, time bomb, spyware, or any other computer code, file or program that may or is intended to damage or hijack the operation of any hardware, software or telecommunications equipment, or otherwise acting in a manner that negatively affects other users’ ability to engage in real time exchanges on the Platform;
- use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, “data mine,” or in any way reproduce or circumvent the navigational structure or presentation of the Platform or any content or other materials on the Platform or attempt to gain unauthorized access to any other of our products or its related systems or networks.
We may terminate your access to and use of the Platform immediately if you fail to comply with the above rules.
- Compliance with Applicable Laws
You agree to comply with all applicable laws relating to your use or access of the Platform.
- Term; Termination of Use
- Disclaimer Of Warranties
THE PLATFORM, TRAINING AND CONFIDENTIAL INFORMATION, INCLUDING ALL MATERIALS INCORPORATED THEREIN, IS PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS, STATUTORY OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, o9 SOLUTIONS AND ITS SUBSIDIARIES, AFFILIATES, DISTRIBUTORS, PARTNERS, LICENSORS, ADVERTISERS, SPONSORS AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED (EITHER IN FACT OR BY OPERATION OF LAW), OR STATUTORY, AS TO ANY MATTER WHATSOEVER, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, ACCURACY, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. WE AND OUR SUBSIDIARIES, AFFILIATES, DISTRIBUTORS, PARTNERS, LICENSORS, ADVERTISERS, SPONSORS AND AGENTS DO NOT WARRANT THAT YOUR USE OF THE PLATFORM WILL BE UNINTERRUPTED, ERROR-FREE OR SECURE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE PLATFORM, THE SERVER(S) ON WHICH THE PLATFORM IS OFFERED OR ANY SOFTWARE INCORPORATED INTO THE PLATFORM ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ASSUME ALL RESPONSIBILITY AND RISK FOR YOUR USE OF THE PLATFORM, THE TRAINING OR CONFIDENTIAL INFORMATION AND YOUR RELIANCE THEREON. NO OPINION, ADVICE OR STATEMENT OF o9 SOLUTIONS OR ITS AFFILIATES, DISTRIBUTORS, PARTNERS, LICENSORS, ADVERTISERS, SPONSORS OR AGENTS, WHETHER MADE ON OR THROUGH THE PLATFORM OR OTHERWISE, SHALL CREATE ANY WARRANTY. YOUR USE OF THE PLATFORM, ANY TRAINING OR CONFIDENTIAL INFORMATION IS ENTIRELY AT YOUR OWN RISK.
- Limitation of Liability
- Exclusion and Limitations
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE EXCLUSION OF CERTAIN LIABILITY LIMITATIONS. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF CERTAIN SECTIONS (INDEMNITY, DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY) MAY NOT APPLY TO YOU.
- Trademarks and Copyrights
The trademarks, logos and service marks (“Marks”) displayed on the Platform, Training, or Confidential Information are the property of o9 Solutions or other third parties. You are not permitted to use these Marks without the prior written consent of o9 Solutions or such third party that may own the Mark.
The Platform and Training and its contents are the copyright of o9 Solutions, all rights reserved. Any redistribution or reproduction of part or all of the contents of the Platform or Training in any form is prohibited, other than printing or downloading to a local hard disk extract for your personal, internal and non-commercial use only.
You may not, except with our express written permission, distribute or commercially exploit the content of the Platform, transmit it, or store it in any other website or other form of electronic retrieval system.
- Other o9 Solutions Rights
o9 Solutions may:
- reference you and your associated logo as a customer, unless you notify o9 Solutions in writing requesting such references not be made;
- offer you other services, products, or promotions (“Additional Services”). By using the Platform, you give us permission to use information (including your email) about your business and experience to help o9 Solutions to provide the Additional Services to you;
Last Updated: 10/11/2022