These Terms grant you a limited, revocable, nonexclusive license to access our sites and service and use our sites and services, in whole or in part, including but not limited to our intellectual property therein, solely in compliance with these Terms.
IMPORTANT NOTE: IF YOU LIVE IN THE UNITED STATES, SECTION 10 CONTAINS A BINDING ARBITRATION CLAUSE AND CLASS ACTION WAIVER. IT AFFECTS YOUR RIGHTS ABOUT HOW TO RESOLVE ANY DISPUTE BETWEEN YOU AND 9EDGE. PLEASE READ IT.
Updated: November 21, 2014
- COPYRIGHTS AND TRADEMARKS
The contents of the Site, such as text, graphics, logos, audio clips, video, photographs, software, trademarks, and other information (9EDGE Proprietary Content) is, unless otherwise noted, the property of 9EDGE, its affiliates or partners. The 9EDGE Proprietary Content is protected by federal, state and international copyright and trademark laws, or other proprietary rights. These rights are protected in all forms, media and technologies existing now or hereinafter developed. The use of same without our express written consent is strictly prohibited. The names of actual companies, copyrighted materials and/or products may be the trademarks and/or property of their respective owners.
You may view, download, print and retain a copy of pages of our web site provided that (1) your use of such information from our web site is for your informational, personal and non-commercial use only, (2) you will not copy, transfer or transmit such information to another person or entity, post it on any network computer or broadcast it in any media, (3) any copy of the information that you make shall retain all legal notices, copyright and other proprietary notices contained therein, and (4) you make no modifications of such information.
Except as expressly provided above, you may not use, download, upload, copy, print, display, perform, reproduce, republish, license, post, transmit or distribute any information from our web site in whole or in part without our prior written permission. If you wish to obtain permission to reprint or reproduce any materials appearing on our web site you may contact us via the Contact Us page. All rights not expressly granted herein are reserved.
- LIMITATIONS ON USE BY MINORS
Unless expressly permitted, our site and services are intended for general audiences 18 years of age and older, and access or use by anyone younger is not authorized. You must have reached the age of majority in your country / state / province / territory of residence to purchase products or services from our website.
- EXTERNAL LINKS AND WEBSITES
The 9EDGE website may include links to third-party websites that let you leave our website. These linked sites are not under our control and we are not responsible for the contents of any linked site or any link contained in a linked site, or any changes or updates to such sites.
- PROHIBITED OR UNLAWFUL USE
As a condition of your access to our website, you warrant to us that you will not use it for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You shall not post or transmit through the site any material which violates or infringes in any way upon the rights of others, which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, which encourages conduct that would constitute a criminal offense, gives rise to civil liability or otherwise violate any law or in any manner that could damage, disable, overburden, or impair any 9EDGE website or server, or the network(s) connected to our website. Without 9EDGE’s express prior approval, you shall not post or transmit through the site any material which contains advertising or any solicitation with respect to products or services. You shall not use the site to advertise or perform any commercial solicitation, including, without limitation, the solicitation of users to become subscribers of other on-line information services competitive with the site.
- ERRORS ON SITE
Every effort has been made to ensure the accuracy of the information presented on our web site; however, 9EDGE assumes no responsibility for the accuracy of the information. Any information, including information about our products, is subject to change without notice. 9EDGE may make improvements and/or changes in the products and/or the programs described in this web site at any time without notice. Any mention of non-9EDGE products or services is for information purposes only and constitutes neither an endorsement nor a recommendation from 9EDGE.
- VIRUSES AND MALWARE
9EDGE also assumes no responsibility, and shall not be liable for, any damages to, or viruses or malware that may infect, your computer equipment or other property on account of your access to, use of, or browsing in the Site or downloading of any materials, data, text, images, video, or audio from the Site.
ALL INFORMATION PROVIDED ON THIS WEB SITE IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY.
TO THE EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL 9EDGE, OR ANY OF ITS AFFILIATES, PARTNERS, SUPPLIERS OR DISTRIBUTORS, BE LIABLE TO ANY PERSON FOR ANY GENERAL, DIRECT, SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES RESULTING FROM USE OF OR RELIANCE ON THE INFORMATION PRESENTED, LOSS OF PROFITS OR REVENUES OR COSTS OF REPLACEMENT GOODS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, TORT OR OTHERWISE, BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INACCURACY, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, ARISING OUT OF OR IN CONNECTION WITH THE USE OF OUR WEB SITE OR ANY HYPERLINKED SITE, EVEN IF 9EDGE HAS BEEN INFORMED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES. YOU ACKNOWLEDGE THAT COMPUTER AND TELECOMMUNICATIONS SYSTEMS ARE NOT FAULT-FREE AND OCCASIONAL PERIODS OF DOWNTIME OCCUR. WE DO NOT GUARANTEE THE 9EDGE WEBSITE OR SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE OR THAT CONTENT LOSS WON’T OCCUR.
- LIMITS OF LIABILITY
WE AND OUR REPRESENTATIVES WILL UNDER NO CIRCUMSTANCES BE LIABLE FOR ANY ACCESS TO, USE OF OR RELIANCE ON OUR SITES AND SERVICES OR CONTENT ACCESSED THROUGH OUR SITES AND SERVICES BY YOU OR ANYONE ELSE, OR FOR ANY TRANSACTIONS, COMMUNICATIONS, INTERACTIONS, DISPUTES OR RELATIONS BETWEEN YOU AND ANY OTHER PERSON OR ORGANIZATION ARISING OUT OF OR RELATED TO OUR SITES AND SERVICES OR CONTENT ACCESSED THROUGH OUR SITES AND SERVICES, INCLUDING BUT NOT LIMITED TO LIABILITY FOR INJUNCTIVE RELIEF AS WELL AS FOR ANY HARM, INJURY, LOSS OR DAMAGES OF ANY KIND INCURRED BY YOU OR ANYONE ELSE (INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, STATUTORY, EXEMPLARY OR PUNITIVE DAMAGES, EVEN IF WE OR OUR REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). THIS LIMITATION OF LIABILITY APPLIES REGARDLESS OF, BUT IS NOT RESTRICTED TO, WHETHER THE ALLEGED LIABILITY, HARM, INJURY, LOSS OR DAMAGES AROSE FROM AUTHORIZED OR UNAUTHORIZED ACCESS TO OR USE OF OUR SITES AND SERVICES OR CONTENT ACCESSED THROUGH OUR SITES AND SERVICES; ANY INABILITY TO ACCESS OR USE OUR SITES AND SERVICES OR CONTENT ACCESSED THROUGH OUR SITES AND SERVICES, OR ANY REMOVAL, DELETION, LIMITATION, MODIFICATION, INTERRUPTION, SUSPENSION, DISCONTINUANCE OR TERMINATION OF OUR SITES AND SERVICES OR CONTENT ACCESSED THROUGH OUR SITES AND SERVICES. NOTHING IN THESE TERMS WILL AFFECT THE STATUTORY RIGHTS OF ANY CONSUMER.
YOU SPECIFICALLY ACKNOWLEDGE THAT 9EDGE IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES OVER WHICH IT HAS NO CONTROL.
IN NO EVENT WILL OUR LIABILITY IN CONNECTION WITH ACCESS TO, USE OF OR RELIANCE ON OUR SITES AND SERVICES OR CONTENT ACCESSED THROUGH OUR SITES AND SERVICES BY YOU EXCEED THE AMOUNTS PAID BY YOU TO US, IF ANY. TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT WILL NOT EXCEED THE AMOUNTS PAID BY YOU DURING THE SIX (6) MONTHS PRECEDING THE BRINGING OF ANY CLAIM, OR SIX HUNDRED DOLLARS ($600.00), WHICHEVER IS LESS. YOU ACKNOWLEDGE AND AGREE THAT IF YOU HAVE NOT PAID PROVIDER ANY AMOUNTS IN THE SIX (6) MONTHS PRECEDING THE BRINGING OF ANY CLAIM, YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE IS TO STOP USING OUR SITES AND SERVICES.
You hereby release us and each of our representatives, and their respective subsidiaries, affiliates, successors, predecessors, assigns, heirs, service providers and suppliers, from all claims, demands and damages of every kind and nature, known and unknown, direct and indirect, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to our sites and services or content accessed through our sites and services, or any interactions with others arising out of or related to our sites and services or content accessed through our sites and services, and you expressly waive the provisions of California Civil Code Section 1542 (and any similar laws in other jurisdictions), which provides: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor.”
THESE LIMITATIONS WILL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.
- GOVERNING LAW
9EDGE operates this web site from its offices in the State of California, in the United States. Use of this web site or any information or materials made available by us through this web site is governed by the laws of the State of California, United States, without reference to conflict of law provisions. Any dispute arising out of or related to your use of this site will be brought in, and you hereby consent to exclusive jurisdiction and venue in, the state and federal courts sitting in Orange County, California. You agree to waive all defenses of lack of personal jurisdiction and forum non-conveniens and agree that process may be served in a manner authorized by applicable law or court rule. Any cause of action you may have with respect to your use of the web site must be commenced within one (1) year after the claim or cause of action arises. If for any reason a court of competent jurisdiction finds any provision of the foregoing terms and conditions or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent hereof, and the remainder of the terms and conditions shall continue in full force and effect.
- ARBITRATION AND CLASS ACTION WAIVER
ARBITRATION AND CLASS ACTION WAIVER IF YOU LIVE IN THE UNITED STATES. This Section 10 applies to any dispute EXCEPT THAT IT DOES NOT INCLUDE A DISPUTE RELATING TO THE ENFORCEMENT OR VALIDITY OF YOUR, 9EDGE’S, OR EITHER OF OUR LICENSOR’S INTELLECTUAL PROPERTY RIGHTS. “Dispute” means any dispute, action, or other controversy between you and 9EDGE concerning our website, the Services, this Contract, or any product or service offered, whether in contract, warranty, tort, statute, regulation, ordinance, or any other legal or equitable basis. “Dispute” will be given the broadest possible meaning allowable under law.
Notice of Dispute. In the event of a dispute, you or 9EDGE must give the other a Notice of Dispute, which is a written statement that sets forth the name, address and contact information of the party giving it, the facts giving rise to the dispute, and the relief requested. You must send any Notice of Dispute by U.S. Mail to the address mentioned in the footer section of our website. 9EDGE will send any Notice of Dispute to you by U.S. Mail to your address if we have it, or otherwise to your e-mail address. You and 9EDGE will attempt to resolve any dispute through informal negotiation within 60 days from the date the Notice of Dispute is sent. After 60 days, you or 9EDGE may commence arbitration.
Small Claims Court. You may also litigate any dispute in small claims court in Orange County, California, if the dispute meets all requirements to be heard in the small claims court. You may litigate in small claims court whether or not you negotiated informally first.
Binding Arbitration. IF YOU AND 9EDGE DO NOT RESOLVE ANY DISPUTE BY INFORMAL NEGOTIATION OR IN SMALL CLAIMS COURT, ANY OTHER EFFORT TO RESOLVE THE DISPUTE WILL BE CONDUCTED EXCLUSIVELY BY BINDING ARBITRATION. You are giving up the right to litigate (or participate in as a party or class member) all disputes in court before a judge or jury. Instead, all disputes will be resolved before a neutral arbitrator, whose decision will be final except for a limited right of appeal under the Federal Arbitration Act. Any court with jurisdiction over the parties may enforce the arbitrator’s award.
Class Action Waiver. ANY PROCEEDINGS TO RESOLVE OR LITIGATE ANY DISPUTE IN ANY FORUM WILL BE CONDUCTED SOLELY ON AN INDIVIDUAL BASIS. NEITHER YOU NOR 9EDGE WILL SEEK TO HAVE ANY DISPUTE HEARD AS A CLASS ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR IN ANY OTHER PROCEEDING IN WHICH EITHER PARTY ACTS OR PROPOSES TO ACT IN A REPRESENTATIVE CAPACITY. NO ARBITRATION OR PROCEEDING WILL BE COMBINED WITH ANOTHER WITHOUT THE PRIOR WRITTEN CONSENT OF ALL PARTIES TO ALL AFFECTED ARBITRATIONS OR PROCEEDINGS.
These terms and the rights granted and obligations undertaken, may not be transferred, assigned or delegated by you. Any purported attempt will be ineffective. We retain the right to transfer, assign or delegate these Terms.
When you use our sites and services, or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on our sites and services. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. You automatically grant and assign to us, a royalty-free, worldwide, irrevocable, perpetual license to use and incorporate into our sites and services any suggestions, enhancement requests, recommendations or other feedback provided by you.
Any rights not expressly granted herein are reserved. 9EDGE may, in its sole and absolute discretion, change, modify, terminate or suspend any portions of our web site and 9EDGE may impose limits or restrictions on the use of our web site.
9EDGE INC. IS COMMITTED TO PROTECTING YOUR PRIVACY
Updated: November 21, 2014
- WHAT PERSONAL INFORMATION DO WE COLLECT?
Information You Provide: We receive and store information you enter. For example, when you search for or buy a product or service, or when you supply information such as your address, phone number, or any other contact information, including any geographic location information if your mobile or other device transmits location data and/or your IP address, and you have activated a location-enabled site or service. You can choose not to provide certain information, but then you might not be able to take advantage of some of our features. We use the information that you provide for such purposes as responding to your requests, customizing future shopping for you, improving our website, and communicating with you. In each instance, you will know what personal information we collect through our sites and services because you voluntarily and directly provide it.
Other Information: Every computer has an IP (Internet Protocol) address. IP addresses of computers used to visit this site are noted. In addition, we automatically collect other information such as browser types, operating systems, screen resolution, plugin availability, and the URL addresses of sites clicked to and from this site.
Information from Other Sources: We might receive information about you from other sources and add it to our account information. This may include updated delivery and address information from our shippers or other sources so that we can correct our records and deliver your next purchase or communication more easily.
Job-Search-Related Information for recruitment purposes and may include educational and employment background, driver’s license number and social security number.
- HOW DO WE USE YOUR INFORMATION?
Law Enforcement: If we receive a lawful court order to release account or other personal information then we will comply with the law. We will also release information when necessary to protect the life, safety or property of others. This includes exchanging information with other companies and organizations for fraud protection, credit risk reduction and to defend ourselves in litigation or a regulatory action.
Better User Experience: 9EDGE may use your information to provide you with more effective customer service, improve the Website and any related products or services, perform statistical analysis, and make the website easier to use by eliminating the need for you to repeatedly enter the same information or by customizing the website to your particular preferences or interests.
Updates: We may use your information to provide you with important information about the product or service that you are using, including critical updates and notifications. Additionally, with your permission, we may send you information about products, services, events, and promotions, as well as the same information for our partner products and services.
Recruitment: We may use your information to allow you to apply for a job.
Sharing with third parties: We may engage third parties to perform services on our behalf, including maintenance services, hosting, data storage, security, analytics and data analysis, payment processing, assisting in marketing efforts, email and text message distribution, customer service, providing certain interactive tools, and conducting surveys and sweepstakes. In the event of a merger, acquisition, debt financing, restructure, sale of 9EDGE’s assets by or with another company, or a similar corporate transaction takes place, we may need to disclose and transfer all information about you, including personal information, to the successor company.
In addition to the uses described above, we may use personal information that we collect for other purposes that are disclosed to you at the time we collect the information, or with your consent.
9EDGE does not knowingly collect or use Personal Information from anyone under the age of 18, nor do we market this website to anyone under the age of 18. If you are under 18, you may use this site only with involvement of a parent or guardian.
We are committed to keeping Personal Information secure, and have implemented generally accepted industry standards of technical, administrative and physical procedures to protect Personal Information. We also limit access to Personal Information to those who have a business need for access. When we provide your Personal Information to controllers or process, including service providers, we require those companies to protect the information and not to use the information for any other purpose.
Nevertheless, although we have tried to create a secured and reliable website, the confidentiality of any communication or material transmitted to or from this website cannot be guaranteed. We urge you to exercise caution when conveying Personal Information over the Internet. When disclosing any Personal Information, you should remain mindful that such information might be accessible by the public and, consequently, may be collected and used by others without your consent. You should also recognize that your use of the Internet and this website is solely at your own risk.
- CLEAR GIFS
We use software from Google Analytics for internal analytics that employs a software technology called “clear gifs” (which are also known as Web Beacons/ tracking pixels), that help us better manage content on our site by informing us what content is effective. Clear gifs are tiny graphics with a unique identifier, similar in function to cookies, and are used to track the online movements of Web users. In contrast to cookies, which, as discussed above, are stored on a user’s computer hard drive, clear gifs are embedded invisibly on Web pages and are about the size of the period at the end of this sentence. We do not tie the information gathered by clear gifs to users’ Personal Information.
- SOCIAL MEDIA WIDGETS
- BROWSER CONTROLS TO BLOCK AND DELETE COOKIES
Most web browsers automatically accept cookies, but you can usually modify your browser setting to block cookies. Instructions for blocking and deleting cookies in most commonly used browsers can be found at http://www.allaboutcookies.org/manage-cookies/stop-cookies-installed.html
- OPT OUT OPTIONS
Our sites and services may allow us or our representatives to communicate with you through our newsletters, emails, instant messaging services, service-branded emails, SMS and other electronic communication channels. You may opt out of receiving these general communications or if you additional information, by using one of the following methods:
- Select the email “opt out” or “unsubscribe” link, or follow the opt-out instructions included in each email communication.
- To unsubscribe from text messages delivered to mobile devices, reply to the message with the words “STOP” or “END.”
- Contact us at info(at)9EDGE(dot)co. Please provide your name, relevant contact information, and specific relevant information about your privacy preferences.
- INTERNATIONAL USERS
We are headquartered in the United States. Our sites and services are hosted and administrated in the United States or hosted with cloud service providers who are headquartered in the United States and are intended for users in the United States. If you are located outside the United States, be aware that information you provide to us or that we obtain as a result of your use of our sites and services may be processed in, transferred to and stored in the United States and will be subject to U.S. law. U.S. privacy and data protection laws may not be equivalent to the laws of your country of residence. By using our sites and services or providing us with your information, you consent to the collection, transfer, storage, and processing of information to and in the United States.
- CALIFORNIA PRIVACY RIGHTS
We do not share personal information with third parties for their direct marketing purposes unless you affirmatively agree to such disclosure, typically by “opting in” to receive information from a third party that is participating in a sweepstakes or other promotion on one of our sites, for example. If you ask us to share your personal information with a third party for its marketing purposes, we will only share information in connection with that specific promotion since we do not share information with any third party (other than our service providers) on an ongoing basis. To prevent disclosure of your personal information for use in direct marketing by a third party, do not “opt in” to such use when you provide personal information on one of our sites.
Users residing in certain jurisdictions, like California, have a right to access personal information held by us about them and their right of access can be exercised in accordance with applicable law. California law requires certain businesses to respond to requests from California residents asking about the business’s practices related to disclosing personal information to third parties for the third parties’ direct marketing purposes. Alternately, such businesses may have in place a policy not to disclose personal information of customers to third parties for the third parties’ direct marketing purposes if the resident has exercised an option to opt-out of such information-sharing. We have such a policy in place.
California residents may request further information about our approach to this law by writing to us at info(at)9EDGE(dot)co or 200 E. Sandpointe Ave, Suite 575, South Coast Metro (Irvine), CA 92707. When writing to us, you must put the statement “Your California Privacy Rights” in the body or subject line of your request, and include (i) the name of the site about which you are contacting us, (ii) any unique site identifier associated with you (like member number or forum handle), (iii) your name, and (iv) your contact information. Please allow 30 days for a response. We are not responsible for notices that are not labeled or sent properly, or that do not have complete information.
- CHANGES TO THIS PRIVACY STATEMENT
We may occasionally update this privacy statement. When we do, we will also revise the “last updated” date at the top of the privacy statement. We encourage you to periodically review this privacy statement to stay informed about how we are helping to protect the personal information we collect.