This Terms of Service (the “Terms) is a legal contract between you and Billetz Industries, Inc., d/b/a 9Temples (“9Temples) governing your use of 9Temples’ websites, apps, and related services and products (collectively, the “Service”).
By using the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree to these Terms, please stop using the Service immediately. You also agree to be bound by any additional guidelines or rules (“Guidelines”) specific to various products or features of the Service as may be posted, and such Guidelines are incorporated herein by reference. If you are accessing and using the Service on behalf of a company (such as your employer) or other legal entity (in either case, a “Subscribing Organization”), you represent and warrant that you have the authority to bind that Subscribing Organization to these Terms. In such case, “you” and “your” will refer to both you individually and that Subscribing Organization.
You acknowledge and agree that these Terms are only between you and 9Temples and not any of 9Temples’ partners, licensors, distributors, promoters, advertisers, service providers, or any other entity. 9Temples does not and cannot bind any other entity to these Terms by your use of the Service. Hence, any issue or claim arising solely from your use of the Service will be exclusively between you and 9Temples.
The Service may contain links or provide access to third-party websites, products, and services. You understand and accept that 9Temples is not responsible for the content, products, or services provided by such third parties. You accept sole responsibility for and assume all risk arising from your use of any third-party websites, products, or services.
We may modify the Terms at any time, in our sole discretion. If we do so, we will inform you either by posting the modified Terms on our website or in a communication through the Service. Your continued use of the Service after we have modified the Terms and made them available to you constitutes your agreement to be bound by those modified Terms. If you do not agree to be bound by the modified Terms, then you should stop using the Service immediately.
You represent and warrant that you are 18 years of age or older and are fully able and competent to enter into these Terms and to comply with them. If you are not 18 years of age or older, you are prohibited from using the Service, as it is not intended for you. If you are using or opening an account on behalf of the Subscribing Organization, then you represent and warrant that you are an authorized representative of that Subscribing Organization with the authority to bind such organization to these Terms and agree to be bound by these Terms on behalf of such Subscribing Organization. YOU FURTHER REPRESENT AND WARRANT THAT YOU: (I) ARE NOT CURRENTLY RESTRICTED FROM USING THE SERVICE OR ARE NOT OTHERWISE PROHIBITED FROM HAVING A SERVICE ACCOUNT; (II) ARE NOT A COMPETITOR OF 9TEMPLES OR ARE NOT USING THE SERVICE FOR PURPOSES OF COMPETING WITH 9TEMPLES; (III) WILL ONLY MAINTAIN ONE SERVICE ACCOUNT AT ANY GIVEN TIME; AND (IV) WILL NOT USE THE SERVICE EITHER DIRECTLY OR INDIRECTLY IN CONNECTION WITH PROSTITUTION, DRUG TRAFFICKING, HUMAN TRAFFICKING, FOREIGN OR DOMESTIC TERRORISM, OR ANY OTHER ILLEGAL ACTIVITY.
The Service offers various means of connecting, sharing information, and otherwise interacting with other users. In fact, one of the Service’s most important features is to provide methods of encrypted data transmission that help prevent unwanted third parties from accessing or seeing the content of such transmissions. Nonetheless, you alone are responsible for your involvement with other users and the information you choose to share with them. Furthermore, 9Temples may limit the number of interactions you may have with other users and may, in certain circumstances, prohibit you from contacting other Service users or otherwise limit your use of the Service. 9Temples reserves the right, but has no obligation, to restrict, suspend, or close your account if we determine, in our sole discretion, that doing so is necessary to enforce these Terms.
You acknowledge and understand that 9Temples is committed to public safety and will comply with government requests for information held by 9Temples as deemed proper and/or legally necessary by 9Temples in its sole discretion.
9Temples accepts service of court orders, search warrants, and subpoenas for information by email from law enforcement and government agencies, provided that these legal requests are sent from an official government email address of the requesting agent. Law enforcement and/or government agencies should submit legal requests directly from their official government email address to email@example.com.
While electronic service is preferred, process may also be served by mail or courier to: Billetz Industries, Inc., 228 Hamilton Avenue, 3rd Floor, Palo Alto, CA 94301
If opting for electronic service, there is no need to serve duplicate hardcopy process on 9Temples to the address above.
When making User Submissions, you must provide true, accurate, current, and complete information. You must also ensure that your User Submissions are kept accurate and up-to-date at all times. You shall be solely responsible for your own User Submissions and the consequences of storing or transmitting them on the Service. We assume no responsibility in connection with or arising from your User Submissions. Furthermore, 9Temples does not endorse and has no control over User Submissions from other users. You agree that 9Temples may access, preserve, and disclose your User Submissions if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to (a) comply with legal process; (b) enforce these Terms; (c) respond to claims that the rights of third parties have been infringed; (d) to respond if you contact 9Temples; or (e) protect the rights, property, or personal safety of 9Temples and the public. We reserve the right to prevent you from making User Submissions and to restrict or remove User Submissions for any reason at any time. You agree not to sell, transfer, or allow another person to access your account or password.
By submitting suggestions or other feedback regarding the Service or our related businesses ("Feedback") by any method to 9Temples, you acknowledge and agree that: (a) your Feedback does not contain confidential or proprietary information; (b) 9Temples is not under any obligation of confidentiality, express or implied, with respect to the Feedback; (c) 9Temples shall be entitled to use or disclose (or choose not to use or disclose) such Feedback for any purpose, in any way, in any media, worldwide; (d) 9Temples may have something similar to the Feedback already under consideration or in development; (e) you irrevocably, non-exclusively, and perpetually license 9Temples the right to exploit your Feedback in any manner it sees fit; and (f) you are not entitled to any compensation or reimbursement of any kind from 9Temples relating to the preceding.
For purposes of these Terms, “Content” means text, graphics, images, music, software, audio, video, works of authorship of any kind, data, and any other materials that are posted, generated, provided, or otherwise made available through the Service. “Content” does not include your User Submissions or your Feedback. 9Temples and its partners, licensors, distributors, promoters, advertisers, service providers, and so on, exclusively own all right, title, and interest in and to the Service and Content, including all associated intellectual property rights. You acknowledge that the Service and Content may be protected by copyright, trademark, patent, and other laws of the United States and foreign countries. You agree not to remove, alter, or obscure any proprietary rights notices incorporated in or accompanying the Service or Content.
Subject to your compliance with these Terms, 9Temples grants you a personal, non-exclusive, non-transferable, and non-sublicensable license to use the Service and any Content provided through the Service solely for your personal or internal business purposes, and solely as permitted through the Service’s intended functionality. Notwithstanding the foregoing, please note that the Service may include open source software, and such software is governed by the terms of the applicable open source software license, rather than the foregoing license grant.
Unless permitted to do so through the Service’s intended functionality or otherwise under these Terms, you agree not to do any of the following:
If you are a copyright owner or an agent thereof, and believe that any Content hosted on the Service infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing our Copyright Agent with the following information in writing (see 17 U.S.C § 512(c)(3) for further detail):
If you purchase any products or services through the Service for a fee, either on a one-time or subscription basis (“Paid Services”), you agree that we may store your payment information. You also agree to pay the applicable fees for the Paid Services (including, without limitation, periodic fees for premium accounts) as they become due plus all related taxes, and to reimburse 9Temples for all collection costs and interest for any overdue amounts. Failure to pay may result in the termination of your account. Depending on where you transact with the Service, the type of payment method used, and where your payment method was issued, your transaction with the Service may be subject to foreign exchange fees or differences in prices, including because of exchange rates. 9Temples does not support all payment methods, currencies, or locations for payment. Your obligation to pay fees continues through the end of the subscription period during which you cancel your subscription. All applicable taxes are calculated based on the billing information that you provide us at the time of purchase. You may cancel or suspend your Paid Services by contacting us at: firstname.lastname@example.org. We do not guarantee refunds for lack of usage or dissatisfaction. You also acknowledge that 9Temples’ Paid Services are subject to these Terms and any Guidelines related to the Paid Services.
If the Service is being used or acquired on behalf of the United States Government, then all federal regulations relevant to the Service are also applicable.
THE SERVICE AND CONTENT ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND. TO THESE EXTENT PERMITTED BY APPLICABLE LAW, AND WITHOUT LIMITING THE FOREGOING, 9TEMPLES EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF THE COURSE OF DEALING OR TRADE USAGE. NO WARRANTY IS MADE THAT THE SERVICE WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. WE MAKE NO WARRANTY REGARDING THE QUALITY, ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS, OR RELIABILITY OF ANY CONTENT.
TO THE EXTENT PERMITTED BY APPLICABLE LAW, NEITHER 9TEMPLES NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICE OR CONTENT WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA, LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE, SYSTEM FAILURE, OR SUBSTITUTION EXPENSE ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICE OR CONTENT, WHETHER BASED IN WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT 9TEMPLES HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY IN SOME CIRCUMSTANCES; IF THIS IS THE CASE, ALL OTHER EXCLUSIONS AND LIMITATIONS REMAIN IN EFFECT.
IN NO EVENT WILL 9TEMPLES’ TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS EXCEED THE AMOUNTS YOU HAVE PAID TO 9TEMPLES FOR USE OF THE SERVICE OR ONE HUNDRED DOLLARS ($100) IF YOU HAVE NOT MADE ANY PAYMENTS TO 9TEMPLES.
THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN 9TEMPLES AND YOU.
You agree to indemnify, defend, and hold harmless 9Temples and its officers, directors, employees, and agents from and against any claims, disputes, demands, liabilities, damages, losses, and costs and expenses, including, without limitation, reasonable legal and accounting fees arising out of or in any way connected with (i) your access to or use of the Service or Content, (ii) your violation of these Terms, and (iii) your violation of the rights of any other person or entity. 9Temples reserves the right, at your expense, to assume the exclusive defense or prosecution of any matter for which you are required to indemnify us and you agree to cooperate with our control of these claims. You agree not to settle any matter without the prior written consent of 9Temples. We will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it.
These Terms and any action related thereto or arising out of the use or nonuse of the Service or Content will be governed by the laws of the State of New York without regard to conflict of laws provisions.
You and 9Temples agree that any dispute, claim, or controversy arising out of or relating to these Terms, the Service, or Content will be resolved by binding arbitration between you and 9Temples, except that each party retains the right to bring an individual action in small claims court and the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party's copyrights, trademarks, trade secrets, patents or other intellectual property rights. You and 9Temples agree that you are waiving the right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding. Further, unless you and 9Temples agree in writing, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of any class or representative proceeding. If this specific paragraph is held unenforceable, then the remainder shall be deemed valid.
Arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (the “AAA Rules”) in effect at the time of the arbitration, except as modified by these Terms. The Federal Arbitration Act will govern the interpretation and enforcement of this Section.
A party who desires to initiate arbitration must provide the other party with a written Demand for Arbitration as specified in the AAA Rules. The arbitrator will be either a retired judge or an attorney licensed to practice law and will be selected by the parties from the AAA’s roster of arbitrators. If the parties are unable to agree upon an arbitrator within fourteen (14) days of delivery of the Demand for Arbitration, then the AAA will appoint the arbitrator in accordance with the AAA Rules.
Unless you and 9Temples agree otherwise, the arbitration will be conducted in the county where you reside. If the claim does not exceed $10,000, then the arbitration will be conducted solely on the basis of the documents that you and 9Temples submit to the arbitrator, unless the arbitrator determines that a hearing is necessary. If the claim exceeds $10,000, the right to a hearing will be determined by AAA Rules. Subject to AAA Rules, the arbitrator will have the discretion to direct a reasonably limited exchange of information by the parties, consistent with the expedited nature of arbitration.
The arbitrator will render an award within the time frame specified in the AAA Rules. The arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court having jurisdiction thereof. The arbitrator’s award of damages must be consistent with the terms of the “Limitation of Liability” section above as to the types and amounts of damages for which a party may be held liable. The arbitrator may award declaratory or injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant’s individual claim. If you prevail in arbitration you will be entitled to an award of attorneys’ fees and expenses, to the extent provided under applicable law. Your responsibility to pay any AAA filing, administrative and arbitrator fees will be solely as set forth in the AAA Rules.
The Terms and any rights and licenses granted hereunder may not be transferred or assigned by you, but may be assigned by 9Temples without restriction. Any attempted assignment in violation of these Terms shall be void.
Your access to and use of the Service may be terminated at any time, without notice to you, at our sole discretion. You may cancel your account at any time by sending an email to the appropriate Service contact or by other means provided by the Service. Upon any termination, discontinuation, or cancellation of the Service or your account, the following provisions shall survive: “YOUR AGREEMENT TO THESE TERMS OF SERVICE”; “THIRD-PARTY WEBSITES, PRODUCTS, AND SERVICES”; “ELIGIBILITY”; “PRIVACY”; “USER INTERACTIONS”; “LEGAL COMPLIANCE”; “USER SUBMISSIONS”; “FEEDBACK”; “PROPRIETARY RIGHTS”; “RESTRICTIONS”; “PAYMENT”; “WARRANTY DISCLAIMERS”; “LIMITATION OF LIABILITY”; INDEMNITY”; “DISPUTE RESOLUTION”; and “GENERAL TERMS.”
These Terms constitute the entire and exclusive understanding and agreement between 9Temples and you regarding the Service and Content available through it, and these Terms supersede and replace any and all prior oral or written understandings or agreements between 9Temples and you regarding the Service and Content. No joint venture, partnership, employment, or agency relationship exists between you, 9Temples, or any 9Temples partner as a result of these Terms or your use of the Service. If for any reason a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect. 9Temples’ failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of 9Temples. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.
If you have any questions about these Terms or the Service, please contact us at legal@9Temples.com or by postal mail at:
Billetz Industries, Inc., 228 Hamilton Avenue, 3rd Floor, Palo Alto, CA 94301