Conditions of Use

Updated: January 21, 2013
Current UsersSee what's changed

Welcome to A9.com. A9.com provides its services to you subject to the following conditions. Please read them carefully. If you visit A9.com, you accept these conditions. If you are unwilling to accept these conditions, you must stop using this site immediately.

PRIVACY

Please review our Privacy Notice, which also governs your visit to A9.com, to understand our how we handle personally identifiable information about users.

ELECTRONIC COMMUNICATIONS

When you visit A9.com, apply for employment at A9.com, Inc. or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We may communicate with you by e-mail or by posting notices on this site. 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.

COPYRIGHT

All content included on this site, such as text, graphics, logos, button icons, images, audio clips, video clips, digital downloads, data compilations, and software, is the property of A9.com or its content suppliers and protected by United States and international copyright laws. The compilation of all content on this site is the exclusive property of A9.com and protected by U.S. and international copyright laws.

TRADEMARKS

A9 and the A9 logo are trademarks of A9.com, Inc. Other marks indicated on our site are trademarks of A9.com, Inc. or its affiliates in the United States and other countries. Other A9.com graphics, logos, page headers, button icons, scripts, and service names are trademarks or trade dress of A9.com, Inc. or its affiliates. A9.com's trademarks and trade dress may not be used in connection with any product or service that is not A9.com's, in any manner that is likely to cause confusion among users, or in any manner that disparages or discredits A9.com. All other trademarks not owned by A9.com or its affiliates that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by A9.com or its affiliates.

PATENTS

One or more patents owned by A9.com, Inc. apply to this site and to the features accessible via the site. Portions of this site and the features accessible via the site operate under license of one or more patents. Click here to see a non-exhaustive list of applicable patents and applicable licensed patents

YOUR LICENSE TO ACCESS AND USE THIS SITE

A9.com grants you a limited license to access and make personal use of this site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of A9.com. This license does not include any resale or commercial use of this site or its contents; collection and use of any search results, listings, data, or other content; any derivative use of this site or its contents; or any use of data mining, robots, screen-scraping, or similar data gathering and extraction tools. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without the express written consent of A9.com. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, search results, page layout, or form) of A9.com and our affiliates without the express written consent of A9.com. You may not use any meta tags or any other "hidden text" utilizing A9.com's name or trademarks without the express written consent of A9.com. Any unauthorized use terminates the permission or license granted by A9.com to you. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of A9.com so long as the link does not portray A9.com, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any A9.com logo or other proprietary graphic or trademark as part of the link without our express written permission.

OUR LICENSE TO YOUR SUBMITTED MATERIALS

If you submit materials to A9.com, and unless we indicate otherwise, you grant A9.com and its affiliates a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant A9.com and its affiliates and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you submit; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify A9.com or its affiliates for all claims arising from content you supply. A9.com takes no responsibility and assumes no liability for any content submitted by you or any third party.

LINKED CONTENT

A9.com may provide links to other sites and resources over which A9.com has no control. A9.com is not responsible for the availability of such external sites or resources and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources.

COPYRIGHT COMPLAINTS

A9.com and its affiliates respect the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please follow our Notice and Procedure for Making Claims of Copyright Infringement.

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

THIS SITE IS PROVIDED BY A9.COM ON AN "AS IS" AND "AS AVAILABLE" BASIS. A9.COM MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, OR MATERIALS INCLUDED ON THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. A9.COM RESERVES THE RIGHT TO WITHDRAW OR DELETE ANY INFORMATION FROM THIS SITE AT ANY TIME IN ITS DISCRETION.

TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, A9.COM DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. A9.COM DOES NOT WARRANT THAT THIS SITE, ITS SERVERS, OR E-MAIL SENT FROM A9.COM ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. A9.COM WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES.

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

APPLICABLE LAW

By visiting A9.com, you agree that the Federal Arbitration Act, applicable federal law, and the laws of the state of Washington, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and A9.com.

DISPUTES

Any dispute relating in any way to your visit to A9.com will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act and federal arbitration law apply to this agreement.

There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of these Conditions of Use as a court would.

To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to our registered agent: Corporation Service Company, 300 Deschutes Way SW, Suite 304, Tumwater, WA 98051. The arbitration will be conducted by the American Arbitration Association (AAA) under its rules, including the AAA’s Supplementary Procedures for Consumer-Related Disputes. The AAA’s rules are available at www.adr.org or by calling 1-800-778-7879. Payment of all filing, administration and arbitrator fees will be governed by the AAA’s rules. We will reimburse those fees for claims totaling less than $10,000 unless the arbitrator determines the claims are frivolous. Likewise, A9.com, Inc. will not seek attorneys’ fees and costs in arbitration unless the arbitrator determines the claims are frivolous. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed location.

We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial.

SITE POLICIES, MODIFICATION, AND SEVERABILITY

Please review our other policies. These policies also govern your visit to A9.com. We reserve the right to make changes to our site, policies, and these Conditions of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.

OUR ADDRESS

A9.com
Legal Department
130 Lytton Ave
Palo Alto, CA 94301
http://a9.com