Last updated on June 11, 2019.
This web site, located at www.nineonesix.com (the “Site”) is owned and operated by Nine One Six, LLC (“Nine One Six”, “we”, “our” or “us”).
This Site provides users with access to information and materials about Nine One Six and other information related to services (“Services”) offered by Nine One Six, an email and text message list rental company. This Site also contains text, pictures, graphics, logos, button items, images, works of authorship, and other content (collectively with all information and material about Nine One Six and its Services, “Content”). This Site is intended for use only by users who are at least 18 years of age.
PLEASE NOTE: Your access to and use of this Site are subject to these terms and conditions of use (“Terms of Service”), as well as all applicable laws and regulations. Please read these Terms of Service carefully. If you do not accept and agree to be bound by any of these Terms of Service, you are not authorized to access or otherwise use this Site or any information, Content or Services contained on this Site. Your access to and use of this Site constitutes your acceptance of and agreement to abide by each of these terms and conditions set forth below. These Terms of Service may be changed, modified, supplemented or updated by Nine One Six from time to time without advance notice by posting here and you will be bound by any such changed, modified, supplemented or updated Terms of Service if you continue to use this Site after such changes are posted. Unless otherwise indicated, any new Content, Services added to this Site will also be subject to these Terms of Service effective upon the date of any such addition. You are encouraged to review this Site and these Terms of Service periodically for updates and changes.
If you have any questions about these Terms of Service, please contact us by emailing us at info@nineonesix.com.
Nine One Six hereby grants you a limited license to access and make personal use of this Site but not to download (other than page caching) or modify it, or any portion of it, except with express written consent of Nine One Six (e.g., downloading of application forms). This license does not include any resale or commercial use of this Site or the Content; any derivative use of this Site or the Content; or any use of data mining, robots, 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 Nine One Six. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Nine One Six without Nine One Six’s express written consent. You may not use any meta-tags or any other “hidden text” utilizing any of Nine One Six’s name(s) or service marks without the express written consent of their owners. We (or the respective third party owners of Content) retain all right, title, and interest in this Site and any Content, features, Services offered on this Site, including any and all intellectual property rights. We (or the respective third party owners of Content) reserve all rights not expressly granted. Any unauthorized use terminates the permission or license granted by Nine One Six.
Nine One Six’s Privacy Policy explains how we handle your personal information and protect your privacy when you use our Services. By using our Services, you agree that Nine One Six can use such personal information in accordance with our Privacy Policy. We strongly urge you to read our Privacy Policy.
When a Service requires or includes downloadable software, this software may update automatically on your device once a new version or feature is available. Some Services may let you adjust your automatic update settings.
Nine One Six gives you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the software provided to you by Nine One Six as part of the Services. This license is for the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by Nine One Six, in the manner permitted by these Terms of Service. You may not copy, modify, distribute, sell, or lease any part of our Services or included software, nor may you reverse engineer or attempt to extract the source code of that software, unless laws prohibit those restrictions or you have our written permission.
This Site may provide certain summary descriptions or other helpful information regarding our Services. Nine One Six attempts to be as accurate as possible; however, any such materials are intended to generally describe the Services and are subject in all respects to the specific terms and conditions of the actual service agreement to which they refer.
We are constantly changing and improving our Services. We may add or remove functionalities or features, and we may suspend or stop a Service altogether.
You can stop using our Site and our Services at any time, although we’ll be sorry to see you go. Nine One Six may also stop providing Services to you, or add or create new limits to our Services at any time.
We believe that you own your data and preserving your access to such data is important. If we discontinue a Service, where reasonably possible, we will give you reasonable advance notice and a chance to obtain your information that we may have stored in connection with that Service.
If you are using our Services on behalf of a business, that business will be bound by these Terms of Service as well. By using our Services on behalf of a business, you are obligating that business to hold harmless and indemnify Nine One Six and its affiliates, officers, agents, and employees from any claim, suit or action arising from or related to the use of the Services, this Site or violation of these Terms of Service, including any liability or expense arising from claims, losses, damages, suits, judgments, litigation costs and attorneys’ fees.
This Site may link to other sites operated by third parties. We are not responsible for the content or accuracy of any off-site pages or any other sites linked to this Site. Linking to any other off-site pages or other sites is at your own risk and subject to the terms and conditions of use of those sites. We do not control such web sites and cannot be held responsible for their content or accuracy and do not endorse these sites unless we specifically so state. In the event that this Site provides hyperlinks to other web sites that are not owned, operated or maintained by Nine One Six, you acknowledge and agree that Nine One Six is not responsible for and is not liable for the content, products, services or other materials on or available from such web sites. We accept no liability for any information, products, advertisements, content, services or software accessible through these third party web sites or for any action you may take as a result of linking to any such web site. Nine One Six is under no obligation to maintain any link on this Site and may remove a link at any time in its sole discretion for any reason whatsoever. We shall not be responsible or liable, directly or indirectly, for any damages or losses caused or alleged to be caused by or in connection with the use of or reliance on such content, products, services or other materials available on or through any such web site. Nine One Six is not responsible for the privacy practices of any other web sites.
Nine One Six may run advertisements and promotions from third parties on the Site or may otherwise provide information about or links to third-party organizations, products, or services on the Site. Your business dealings or correspondence with such third parties, and any terms, conditions, warranties or representations associated therewith, are solely between you and such third party. When you leave the Site, you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Site.
If you request to receive information to your mobile phone, you consent to receiving communication from Nine One Six via your mobile device. This could include text or SMS messages. We do not charge for the SMS service (“SMS Service”). Please be aware that your carrier’s standard messaging data and other rates and fees applies as applicable to your service provider and plan. We will not be liable for any delays in the receipt of any SMS messages as delivery is subject to effective transmission from your mobile service operator. SMS message services are provided on an “as is” basis, and we make no warranty, express or implied, and all warranties, including implied warranties of merchantability and fitness for particular purpose, are hereby expressly disclaimed.
You are able to opt out from receiving SMS or text messages at any time by texting STOP or HELP.
By requesting information to your mobile phone, we may obtain the following information from you in connection with our SMS Service: your cell phone number, your carrier’s name, and the date, time and content of your messages, as well as other information that you provide. Please review our Privacy Policy for further information as to the type and use of data.
We have the right to change and/or terminate the SMS Service at any time, with or without cause or advance notice to you. All content provided in connection with the SMS Service is appropriate for ages 13 and older.
With the exception of any personal information you submit (which shall be maintained in accordance with our Privacy Policy), any information you transmit to Nine One Six via this Site, whether by direct entry, submission, e-mail or otherwise, including data, questions, comments, or suggestions, will be treated as non-confidential and non-proprietary and will become the property of Nine One Six. Such information may be used for any purpose, including, without limitation, reproduction, solicitations, disclosure, transmission, publication, broadcast, and posting. Nine One Six shall be free to use any ideas, concepts, know-how, or techniques contained in any communication you send to Nine One Six via this Site or by any other means for any purpose whatsoever, including, without limitation, developing and marketing products and services using such information.
Any use or attempted use of this Site (i) for any unlawful, unauthorized, fraudulent or malicious purpose, or (ii) that could damage, disable, overburden, or impair any server, or the network(s) connected to any server, or (iii) interfere with any other party’s use and enjoyment of this Site, or (iv) to gain unauthorized access to any other accounts, computer systems or networks connected to any server or systems through hacking, password mining or any other means, or (v) to access systems, data or information not intended by Nine One Six to be made accessible to a user, or (vi) attempt to obtain any materials or information through any means not intentionally made available by Nine One Six, or (vii) any use other than the business purpose for which it was intended, is prohibited.
In addition, in connection with your use of this Site, you agree you will not:
Nine One Six reserves the right to take whatever lawful actions it may deem appropriate in response to actual or suspected violations of the foregoing, including, without limitation, the suspension or termination of the user’s access and/or account. Nine One Six may cooperate with legal authorities and/or third parties in the investigation of any suspected or alleged crime or civil wrong. Except as may be expressly limited by the Privacy Policy, Nine One Six reserves the right at all times to disclose any information as Nine One Six deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Nine One Six’s sole discretion.
To the extent that any of the Content or Material included in the Site is provided by third party content providers, Nine One Six has no editorial control or responsibility over such Content or Material. Therefore, any opinions, statements, products, services or other information expressed or made available by third party (e.g., bloggers, suppliers, clients, Site users, etc.) are theirs alone, not opinions of Nine One Six. Nine One Six does not represent or endorse the accuracy or reliability of any opinion, statement or other information provided by any third party, or represent or warrant that your use of the Content or Material displayed on this Site or referenced content or service providers will not infringe rights of third parties not owned by or affiliated with Nine One Six. You acknowledge that by providing you with the ability to view and distribute Content and Material through our Site, Nine One Six is not undertaking any obligation or liability relating to the Content.
If you open an account on this Site that will provide you with access to password-protected portions of this Site and you elect to do so, you must complete the registration process by providing us with current, complete and accurate information as prompted by the applicable registration form, and choose a password and user name. You are entirely responsible for maintaining the confidentiality of your password and account and for any and all activities that occur under your account. You agree to (a) immediately notify Nine One Six of any unauthorized use of your account or any other breach of security of which you become aware, and (b) exit completely from your account at the end of each online session. Nine One Six will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by Nine One Six or another party due to someone else using your account or password. You may not use anyone else’s account at any time, without the permission of the account holder.
You agree to indemnify and hold harmless Nine One Six and its affiliates, and their respective members, directors, officers, managers, employees, shareholders, agents, and licensors, from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any unlawful use of our Site, any violation by you of these Terms of Service, any breach by you of your representations and warranties hereunder or your reliance on any errors or omissions in our Site. We reserve the right to take over the exclusive defense of any claim for which we are entitled to indemnification under this Section. In such event, you shall provide us with such cooperation as is reasonably requested by us.
THE INFORMATION, CONTENT, MATERIALS, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE AND THE SERVICES MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. Nine One Six AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME. ADVICE RECEIVED VIA THE SITE OR ANY USER SITES SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.
THE SITE, THE CONTENT AND MATERIALS CONTAINED THEREIN AND THE SERVICES PROVIDED ON OR IN CONNECTION THEREWITH ARE PROVIDED ON AN “AS IS” OR “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. Nine One Six FOR ACTION DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT AND AS TO ACCURACY OR RELIABILITY OF THE INFORMATION, CONTENT, FORMS OR OTHER SITE MATERIALS ACCESSED THROUGH THE SITE. Nine One Six DOES NOT REPRESENT OR WARRANT THAT THE SITES, THE SITE MATERIALS OR THE SERVICES ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE.
LISTED PRICES FOR MERCHANDISE INCLUDE APPLICABLE SALES/USE TAX.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL Nine One Six AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR THE SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE AND PRODUCTS OBTAINED THROUGH THE SITE OR THE SERVICES, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE OR THE SERVICES, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF Nine One Six OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE OR THE SERVICES OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE AND THE SERVICES.
Notwithstanding any of these Terms of Service, Nine One Six reserves the right, without notice and in its sole discretion, to terminate your license to use the Site, and to block or prevent future your access to and use of the Site.
If any provision of these Terms of Service shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Service and shall not affect the validity and enforceability of any remaining provisions.
By accessing this Site, you agree that all matters relating to your access to and use of this Site, the Services and/or products offered via the Site shall be governed by the statutes and laws of the Commonwealth of Virginia, without regard to the conflict of laws principles thereof. The parties specifically disclaim the U.N. Convention on Contracts for the International Sale of Goods. You also agree and hereby submit to the exclusive personal jurisdiction and venue of the state and federal courts of Fairfax County in the Commonwealth of Virginia with respect to any such matters relating to your access or use of this Site, the Services and/or any products offered via the Site.
Except as otherwise expressly stated, all Content appearing on this Site is the copyrighted work of Nine One Six or its third party content suppliers and are protected by U.S. and international copyright laws. The compilation (meaning the collection, arrangement and assembly) of all Content is also the exclusive property of Nine One Six and is protected by U.S. and international copyright laws. All rights not expressly granted in these Terms of Services are expressly reserved.
Except as otherwise expressly stated herein, you may not alter, modify, copy, distribute (for compensation or otherwise), transmit, display, perform, reproduce, reuse, post, publish, license, frame, download, store for subsequent use, create derivative works from, transfer, or sell any information or Content obtained from this Site, in whole or in part, including any text, images, audio, and video in any manner, without the prior written authorization of Nine One Six or any applicable third party suppliers. Any unauthorized use of text or images may violate copyright laws, trademark laws, the laws of privacy and publicity, and applicable regulations and statutes. Nine One Six does not warrant or represent that your use of Content, Services or any other materials displayed on this Site will not infringe, violate or misappropriate rights of third parties.
In accordance with the Digital Millennium Copyright Act (DMCA) and other applicable law, Nine One Six has adopted a policy of terminating, in appropriate circumstances as determined by Nine One Six in its sole discretion, subscribers or account holders who it deems to be repeat infringers or posing a greater risk to the integrity of the Site or Nine One Six or third party Content providers’ proprietary rights. Nine One Six may also at its sole discretion limit access to the Site and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
Nine One Six and any other product or service name or slogan contained in the Site are trademarks of Nine One Six and its suppliers or licensors, and may not be copied, imitated or used, in whole or in part, without the prior written permission of Nine One Six or the applicable trademark holder. Along with your obligation to comply with all applicable laws, you may not use any metatags or any other “hidden text” utilizing Nine One Six, or any other name, trademark or product or service name of Nine One Six without our prior written permission. In addition, the domain name for this Site, the look and feel of the Site, including all page headers, custom graphics, button icons and scripts, is the service mark, trademark and/or trade dress of Nine One Six and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names and company names or logos mentioned in the Site are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by us.
When you visit this Site 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 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. You further agree that any notices provided by us electronically are deemed to be given and received on the date we transmit any such electronic communication as described in these Terms of Service.
You agree that any violation, or threatened violation, by you of these Terms of Service constitutes an unlawful and unfair business practice that will cause us irreparable and unquantifiable harm. You also agree that monetary damages would be inadequate for such harm and consent to our obtaining any injunctive or equitable relief that we deem necessary or appropriate. These remedies are in addition to any other remedies we may have at law or in equity.
Please contact us if you have questions about our Terms of Service at: info@nineonesix.com.
