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Terms of Use

Terms of Use

Last Updated: 12/15/2020

Please read these Terms of Use (“Terms of Use”) carefully before using this website or any products, services software, tools, applications, features or functionality offered on or through this website (collectively, this “Product”).  By using this Product, you have accepted these Terms of Use.  If you do not accept these Terms of Use, do not use this Product.  o9 Solutions may modify all or any part of these Terms of Use from time to time without notice to you, and you should check back often so you are aware of your current rights and responsibilities.  Your continued use of this Product after changes to these Terms of Use have been published constitutes your binding acceptance of the updated Terms of Use.  If at any time these Terms of Use are no longer acceptable to you, you should immediately cease all use of this Product.

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” refers to the user or viewer of this Product.

In order to use this Product, you must be at least 18 years of age. You represent that you are at least 18 years old.  If you are not at least 18 years of age, please do not access or use this Product.

The use of this Product is subject to the following terms of use:

General

The content of the pages of this Product is for your general information and internal use only.

This Product uses “cookies” to monitor browsing preferences.  For further information please see our Privacy Policy.

Your use of any information or materials included in this Product is entirely at your own risk, for which we shall not be liable.  It shall be your own responsibility to ensure that any services or information available through this Product meet your specific requirements.

Unauthorized use of this Product may give rise to a claim for damages and/or be a criminal offense.

Your Use of this Product

Subject to and conditioned upon your compliance with these Terms of Use, we grant to you a non-exclusive, non-transferable, non-sublicensable, limited right and license to access and use this Product, including any images, text, graphics, sounds, data, links and other materials incorporated into this Product, solely as made available by us and solely for your own personal, internal purposes.  This Product, including all such materials and all intellectual property rights therein, remain the property of o9 Solutions or its licensors or suppliers.  Except as expressly authorized by these Terms of Use, while using this Product, you agree not to:

  • use this Product for any benchmarking studies against similar or competing products or services;
  • permit any third party to download or install this Product for any purpose;
  • disassemble, decompile, analyze the construction of, or otherwise reverse engineer this Product or any of its components, or to allow any third party to do so;
  • copy, publish, disclose, display, distribute, provide, transfer, or make available this Product;  
  • mortgage, pledge or encumber this Product in any manner; or
  • remove any copyright, trademark or other proprietary rights notices contained in or displayed on any portion of this Product. 

We may terminate your access to and use of this Product immediately if you fail to comply with the above rules.

Term; Termination of Use

These Terms of Use remain in effect so long as this Product is installed or used by you.  Notwithstanding the foregoing, o9 Solutions may terminated your right to access and use this Product at any time, for any reason or for no reason.  Upon such termination, you agree to cease using this Product and the techniques, methods and processes you have gained from this Product and to destroy all copies of this Product you have in your possession, on your personal computers, servers and other storage devices, including storage in email accounts or otherwise stored electronically, in hardcopy or other physical or non-physical form.  The terms and provisions of these Terms of Use that reasonably would be expected to survive termination or expiration shall survive such termination of your right to access and use this Product.

Fees

There is no additional cost to you to use this Product extension in accordance with these Terms of Use.

Trademarks

The trademarks, logos and service marks (“Marks”) displayed on this Product 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.

This Product and its content are the copyright of o9 Solutions, all rights reserved.

Any redistribution or reproduction of part or all of the contents of this Product 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 this Product, 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 this Product, you give us permission to use information about your business and experience to help o9 Solutions to provide the Additional Services to you; and
  • subject to our Privacy Policy, offer products and services on behalf of third parties who are not affiliated with o9 Solutions (“Third-Party Products”).  You agree that o9 Solutions can use your contact information, including name and address, for the purpose of offering these products to you in accordance with your stated contact preferences.  If you decide to use any Third-Party Products, you are responsible for reviewing the third party’s separate product terms, website terms and privacy policies, and paying any fees, if any, associated with the Third-Party Products. You agree that the third parties, and not o9 Solutions, are responsible for the performance of their products.  o9 Solutions is not affiliated with these Third-Party Products and has no liability or responsibility therefor.

Notice for California Users

Under California Civil Code Section 1789.3, California users of this Product are entitled to the following specific consumer rights notice:  The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834, or by telephone at (916) 445-1254 or (800) 952-5210.

Indemnification

You agree to indemnify, defend and hold us, our affiliates, distributors, partners, licensors, advertisers and sponsors, and our and their directors, officers, employees, consultants, agents and other representatives, harmless from and against any and all claims, damages, losses, costs (including reasonable attorneys’ fees, except where prohibited by law) and other expenses that arise directly or indirectly out of or from (i) your breach of these Terms of Use, and/or (ii) your activities in connection with this Product.

Disclaimer of Warranties

THIS PRODUCT, INCLUDING ALL MATERIALS INCORPORATED HEREIN, IS PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS 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, 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 THIS PRODUCT WILL BE UNINTERRUPTED, ERROR-FREE OR SECURE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS PRODUCT, THE SERVER(S) ON WHICH THIS PRODUCT IS OFFERED OR ANY SOFTWARE INCORPORATED INTO THIS PRODUCT ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.  YOU ASSUME ALL RESPONSIBILITY AND RISK FOR YOUR USE OF THIS PRODUCT 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 THIS PRODUCT OR OTHERWISE, SHALL CREATE ANY WARRANTY.  YOUR USE OF THIS PRODUCT IS ENTIRELY AT YOUR OWN RISK.

Limitation of Liability

YOU EXPRESSLY UNDERSTAND AND AGREE THAT NEITHER o9 SOLUTIONS NOR ANY OF OUR SUBSIDIARIES, AFFILIATES, DISTRIBUTORS, PARTNERS, LICENSORS, ADVERTISERS OR SPONSORS, NOR OUR OR THEIR DIRECTORS, OFFICERS, EMPLOYEES, CONSULTANTS, AGENTS OR OTHER REPRESENTATIVES, ARE RESPONSIBLE OR LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS, LOSS OF DATA, LOST PROFITS, LOSS OF GOODWILL OR ANY OTHER INTANGIBLE LOSSES), EVEN IF o9 SOLUTIONS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY WAY TO THIS PRODUCT.  YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THIS PRODUCT IS TO STOP USING THIS PRODUCT.  TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, THE MAXIMUM LIABILITY OF o9 SOLUTIONS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OF USE OR THIS PRODUCT IS LIMITED TO $500.  IN ALL CASES, o9 SOLUTIONS WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE THAT IS NOT REASONABLY FORESEEABLE.

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.  IN PARTICULAR, IF YOU ARE A RESIDENT OF NEW JERSEY, SUCH SECTIONS OF THESE TERMS OF USE SHALL NOT APPLY TO YOU, NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN OR IN ANY LINKED, INCORPORATED OR OTHERWISE REFERENCED DOCUMENT, POLICY OR TERMS AND CONDITIONS.

Miscellaneous

These Terms of Use are governed by and construed in accordance with the laws of the State of Texas, United States of America, without regard to its principles of conflicts of law.  You agree to submit to the exclusive jurisdiction of any State or Federal court located in Dallas County, Texas, United States of America, and waive any jurisdictional, venue or inconvenient forum objections to such courts.  If any provision of these Terms of Use, or the application thereof to any person, place or circumstance, shall be held by a court of competent jurisdiction to be invalid, void or otherwise unenforceable, such provision shall be enforced to the maximum extent possible, or, if incapable of such enforcement, shall be deemed to be deleted from these Terms of Use, and the remainder of these Terms of Use and such provisions as applied to other persons, places and circumstances shall remain in full force and effect.  No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default, nor shall any delay or omission on the part of either party to exercise or avail itself of any right or remedy that it has or may have hereunder operate as a waiver of any right or remedy.  This is the entire agreement between you and us relating to the subject matter herein and supersedes any and all prior or contemporaneous written or oral agreements between you and us with respect to such subject matter.  These Terms of Use are not assignable, transferable or sublicensable by you except with our prior written consent.  These Terms of Use may not be modified or amended except as set forth herein.  Any heading, caption or section title contained in these Terms of Use is inserted only as a matter of convenience and in no way defines or explains any section or provision hereof.

If you have any questions or comments regarding these Terms of Use, please contact us.