TERMS AND CONDITIONS
We reserve the right to modify these Terms and Conditions at any time.
The terms “we,” “us,” and “our” refer to Ninety, LLC. and its subsidiaries and affiliates (collectively, “Ninety”). The term “Services” refers to our Software as a Service application provided pursuant to these terms and conditions (“Terms and Conditions”). The terms “you” and “yours” refer to the individual or company registering for or using the Services offered by us on this website.
2.1 These Terms and Conditions apply to your use of all of the sites and Services owned or operated by Ninety, LLC. (“Ninety”) (“we” and “us”), for the benefit of users in the United States of America (“USA”) and any other site that we may own or operate in the future (collectively, the “Site”). Unless we say otherwise, all references to the Site in these Terms and Conditions include all such sites. Ninety agrees to provide the Services that you register for through this Site. You agree to perform the obligations set forth in these Terms and Conditions that are required to allow Ninety to deliver the Services.
2.2 The contents of this Site are protected by national and international copyright and trademark laws and are the property of Ninety. You may not change or delete any author credit, trademark, legend, proprietary or copyright notice. You must follow and observe all additional copyright notices or other restrictions contained in any parts of the Site.
2.3 Ninety hereby grants you a non-exclusive, non-transferable, limited right to access and use the Site and the Services for your own personal or your internal commercial use only. You agree not to interrupt, or attempt to interrupt, the operation of the Site in any way. We reserve the right to restrict your access to part or all of the Site (including any password protected areas) at any time without notice or liability.
3. Ninety SERVICES
3.1 You are responsible for providing Ninety with the correct information about you when you register for the Ninety Service. Required details may include, without limitation, email address and method of payment details. Account details may be updated within the Settings Pages for the users account within the Ninety website.
3.2 You activate the Services by either: (a) using the Ninety website (www.ninety.io).
4. COMPLIANCE OF Ninety WEBSITE
4.1 You are responsible for your own continuous compliance with these Terms and Conditions and other guidelines released by us from time to time. You shall not, and shall not permit others to, engage in activities prohibited by us, including, without limitation: (a) intentionally accessing data not intended for your use; (b) attempting to breach security or authentication measures without proper authorization, or interfere with this Site and any products or Services offered on the Site; (c) taking any action to obtain Services to which you are not entitled; or (d) assisting or permitting any persons in engaging in any of the activities described above.
4.2 We own and shall retain all rights and interest in the intellectual property rights in the Site content, Services.
5. EMAIL NOTIFICATIONS
5.1 As part of the Services, Ninety may send reminders, alerts (further referred to as ‘notifications’).
6.1 You agree to pay all fees for Services provided to you pursuant to these Terms and Conditions.
6.2 Ninety shall process the subscription fee and other Services by charging your credit card/debit card at the time of activation and will reoccur on a monthly basis. You must have a valid credit/debit card or suspension of services may occur. If your credit card or debit card is declined your Ninety account may be blocked or terminated.
7. TERMINATION AND REMEDIES
7.1 Without limiting other rights or remedies set forth in these Terms and Conditions or as otherwise available by law or in equity, we may immediately issue a warning, temporarily suspend, indefinitely suspend or terminate your access to this website and the Services, in whole or in part: (a) if you breach these Terms and Conditions; (b) if we are unable to verify or authenticate any information you provide to us, should we elect to engage in such verification; or (c) if we believe, in our sole discretion, that your actions may cause legal liability for you, other users, us or third parties.
8. WARRANTY DISCLAIMER; LIMITATION OF LIABILITY
8.1 Except as expressly provided otherwise, all Services sold, licensed or provided through this website are governed by these terms and conditions and are provided on an “AS IS” basis. Ninety does not make any express or implied warranties, conditions or representations to you with respect to the Services, third party work provided hereunder or otherwise regarding these terms and conditions, whether oral or written, express, implied or statutory. No representation or other affirmation of facts, including, but not limited to, statements regarding the performance of the Services which is not contained in these terms and conditions, shall be binding on Ninety. You acknowledge and agree that Ninety shall not be liable for any error, omissions, defect, deficiency or nonconformity in the Services. Without limiting the foregoing, Ninety expressly excludes and disclaims any implied warranty or condition of merchantability, accuracy or fitness for a particular purpose or that the Services (or your use hereof) will be error free or uninterrupted. You assume all risks associated with the Services.
8.2 Neither Ninety nor its officers, directors, employees, shareholders, agents, or representatives shall be liable for any incidental, indirect, special, exemplary, consequential or punitive damage or other similar type of damages, including, but not limited to, damages or costs incurred as a result of loss of time, loss of savings, loss of data, loss of profits, loss of goodwill, loss of business opportunities or software error, whether foreseeable or unforeseeable, that may arise out of or in connection with these terms and conditions, including but not limited to, damages or costs resulting from the use of or inability to use the Services, even if Ninety has been notified of the possibility or likelihood of such damages or costs occurring, and whether such liability is based on contract, tort, warranty, negligence, strict liability, products liability or otherwise.
8.3 Ninety is not responsible for any loss or damage that you may suffer as a result of you not using the Services correctly or if you fail to comply with these Terms and Conditions or any other instructions given to you by Ninety.
You agree to indemnify, defend and hold us, our subsidiaries and affiliates and each of our respective officers, directors, agents, employees, independent contractors and suppliers, harmless from any claim, demand, action, cost and expense, including reasonable attorneys’ fees, due to or arising out of the following events: (i) your giving us any information which is inaccurate; (ii) your breach of any warranty, representation or other obligation set forth in these Terms and Conditions; (iii) your negligence or willful misconduct; (iv) your violation of any law, regulation or right of any third party; (v) any dispute or action between you and any third party, including parties selling or advertising goods or Services on this website; and (vi) your use of this website or the products or Services of Ninety or any third party.
10. GOVERNING LAW; JURISDICTION AND VENUE
10.1 These Terms and Conditions shall be governed and interpreted in accordance with the laws of the State of Georgia without regard to its conflicts of laws principles. Contracts shall not apply to or govern these Terms and Conditions. You consent to the exclusive jurisdiction and venue of the state and federal courts in Atlanta, Georgia, U.S.A., and you irrevocably commit to the jurisdiction and venue of said courts and waive any right to object thereto. The parties further agree that these Terms and Conditions shall be deemed to have been entered into, executed and performed for all purposes within the State of Georgia.
10.2 We intend for this website to be used by adults only and individuals or companies that can form legally binding contracts under applicable law. This Site and Services should not be used by minors. If you do not qualify, you are not permitted to use this Site or order or use the Services, and you do not have our consent to do so.
10.3 Without limiting any other remedies, we may suspend or terminate your account if you are found (by conviction, settlement, insurance or escrow investigation, or otherwise) to have engaged in fraudulent activity in connection with this website or to have otherwise violated these Terms and Conditions.
11.2 Miscellaneous. If any provision of these Terms and Conditions are found unlawful, void or for any reason unenforceable, then that provision will be considered severable from the remaining Terms and Conditions, and will not affect the validity and enforceability of the remaining provisions. These Terms and Conditions are the entire agreement between you and us relating to the subject matter hereof. These Terms and Conditions may be modified only by our posting of changes to these Terms and Conditions, or by a writing signed by both parties. Any inquiries concerning these Terms and Conditions should be directed to firstname.lastname@example.org.