Conditions of Use

Updated:  May 1, 2014

Welcome to Blindsight.com.  Blindsight.com is operated by A9.com, Inc., a subsidiary of Amazon.com, Inc.  As used below, “we”, “us,” and “our” refer to A9.com, Inc. and each of its affiliates.  We are providing our services to you subject to the following conditions. Please read them carefully. If you visit Blindsight.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 Blindsight.com, to understand our practices regarding information you provide to us.

ELECTRONIC COMMUNICATIONS

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 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.

TRADEMARKS

BLINDSIGHT, Blindsight.com and other Blindsight graphics, logos, page headers, button icons, scripts, and service names are trademarks, registered trademarks or trade dress of A9.com, Inc. or its affiliates in the U.S. and/or other countries. Our trademarks and trade dress may not be used in connection with any product or service that is not ours, in any manner that is likely to cause confusion among users, or in any manner that disparages or discredits us. All other trademarks not owned by us or our 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 us.

OUR CONTENT

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

LINKED CONTENT

We may provide links to other sites and resources over which we have no control (including through inline or ‘hot’ linking). We are not responsible for the availability of such external sites or resources and do not endorse and are not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources.

YOUR LICENSE TO ACCESS AND USE THIS SITE

We grant 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 our express written consent. This license does not include any resale or commercial use of this site or its contents; any collection and use of any information displayed on this site; any derivative use of this site or its contents; any downloading or copying of information for the benefit of another business; 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 our express written consent. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information of ours (including images, text, page layout, or form) without our express written consent. You may not use any meta-tags or any other “hidden text” utilizing our name or trademarks without our express written consent. Any unauthorized use terminates this license. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of Blindsight.com so long as the link does not portray Blindsight, us, our affiliates, or our or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any Blindsight logo or other proprietary graphic or trademark as part of the link without our express written consent. You may not use this site if you are under 13 years of age.

COPYRIGHT COMPLAINTS

We respect the intellectual property of others. If you believe that your work has been used on this site 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 US ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE MAKE 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. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE DO NOT GUARANTEE THE ACCURACY, INTEGRITY, OR QUALITY OF ANY OF THE ANSWERS THAT ARE PROVIDED IN RESPONSE TO ANY QUESTIONS. WE RESERVE THE RIGHT TO EDIT, WITHDRAW OR DELETE ANY INFORMATION ON THIS SITE AT ANY TIME IN OUR SOLE DISCRETION.  WE RESERVE THE RIGHT TO ALTER OR REMOVE ANY FEATURES OF THIS SITE OR TO CEASE OPERATING THE SITE AT ANY TIME IN OUR SOLE DISCRETION.

TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THIS SITE, OUR SERVERS, OR E-MAIL SENT BY US OR FROM THIS SITE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE 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 Blindsight.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 us.

DISPUTES

Any dispute relating in any way to your visit to Blindsight.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 posted on this site. These policies also govern your visit to Blindsight.com. We reserve the right to make changes to our 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, Inc.
Legal Department
130 Lytton Avenue
Palo Alto, CA 94301
http://www.a9.com


Notice and Procedure for Making Claims of Copyright Infringement

If you believe that your work has been copied in a way that constitutes copyright infringement, please provide our copyright agent the written information specified below. Please note that this procedure is exclusively for notifying us that your copyrighted material has been infringed.

  • An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
  • A description of the copyrighted work that you claim has been infringed upon;
  • A description of where the material that you claim is infringing is located on the site;
  • Your address, telephone number, and e-mail address;
  • A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
  • A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

Our Copyright Agent for notice of claims of copyright infringement on its site can be reached as follows:

Copyright Agent
Amazon.com Legal Department
P.O. Box 81226
Seattle, WA 98108
phone: (206) 266-4064
fax: (206) 266-7010
e-mail: copyright@amazon.com

Courier address:
Copyright Agent
Amazon.com Legal Department
1200 12th Avenue South, Suite 1200
Seattle, WA 98144-2734
USA