Terms of Use

Terms of Use

Five9 Network Systems Network Systems, LLC. and its affiliates ("we", "us" or "Five9 Network Systems") maintain the Five9 Network Systems website as a service to its visitors. By using this website, you agree to comply with and be bound by the following terms of use. Please review the following terms carefully. If you do not agree to these terms, you should not obtain information from or otherwise use this website.

Introduction

You agree to the terms and conditions set forth in this Terms of Use Agreement ("Agreement") with respect to this website (the "Site"). This Agreement supersedes all prior or contemporaneous agreements, representations, warranties and understandings with respect to the Site, the content provided by or through the Site, and the subject matter of this Agreement. This Agreement may be amended at any time by us from time to time without specific notice to you. The latest Agreement will be posted on the Site, and you should review this Agreement prior to using the Site.

Intellectual Property Rights

All information, documents, communications, files, text, graphics, software and products available through the Site, as well as their selection and arrangement (collectively, the "Materials"), are protected by copyright, trademark, patent, and/or other intellectual property laws, and any unauthorized use of the Materials may violate such laws and this Agreement. Except as expressly provided herein or pursuant to a separate license agreement, Five9 Network Systems and its suppliers do not grant any express or implied rights to use the Materials. You agree not to copy, republish, frame, download, transmit, modify, rent, lease, loan, sell, assign, distribute, license, sublicense, reverse engineer, or create derivative works based on the Site or the Materials, except as expressly authorized herein. In addition, you agree not to use any data mining, robots, or similar data gathering and extraction methods in connection with the Site.

Use of Software

The software and accompanying documentation that is made available to download from this Site is the copyrighted and/or patented work of Five9 Network Systems and/or its suppliers. Use of the software is governed by the terms of the license agreement that accompanies or is included with such software. Such terms are incorporated by reference herein. You will not be able to install or use any software that is accompanied by or includes a license agreement unless you agree to the terms of such license agreement. If you do not agree to such terms, you will not be able to use the software. Absent a license agreement that accompanies the software, use of the software will be governed by this Agreement. You agree that you will not decompile, reverse engineer, or otherwise attempt to discover the source code of the software available on the Site.

Limited Right to Use

Unless otherwise expressly agreed in writing by Five9 Network Systems, the viewing, printing or downloading of any Materials from the Site grants you only a limited, nonexclusive license for use solely by you for personal, internal, noncommercial purposes and not for republication, distribution, assignment, sublicense, sale, preparation of derivative works or other use. No part of any Materials may be reproduced in any form or incorporated into any information retrieval system, electronic or mechanical, other than for your personal, internal, noncommercial use (but not for resale or redistribution). The rights specified above to view, download and print the Materials are not applicable to the design or layout of the Site. Elements of the Site are protected by trade dress and other laws and may not be copied or imitated in whole or in part.

Editing, Deleting and Modification

We reserve the right in our sole discretion to edit or delete any Materials appearing on the Site.

Indemnification

You agree to indemnify, defend and hold Five9 Network Systems, LLC. and its affiliates (collectively, the "Affiliated Parties") harmless from and against any liability, loss, claim or expense, including reasonable attorneys' fees, related to your violation of this Agreement or use of the Site.

Nontransferable

Any password or right given to you to obtain Materials from the Site is not transferable. You are responsible for maintaining the confidentiality of your account number and/or password, if applicable. You are responsible for all uses of your account, whether or not actually or expressly authorized by you.

Warranties and Disclaimers

UNLESS EXPRESSLY AGREED OTHERWISE IN WRITING BY FIVE9 NETWORK SYSTEMS, THE MATERIALS AVAILABLE FROM OR THROUGH THE SITE ARE PROVIDED ON AN "AS-IS" AND "AS AVAILABLE" BASIS. FIVE9 NETWORK SYSTEMS HEREBY DISCLAIMS, TO THE MAXIMUM EXTENT PERMITTED BY LAW, ALL WARRANTIES, EXPRESS OR IMPLIED (INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE). THE MATERIALS AVAILABLE FROM OR THROUGH THE SITE, AND THE SITE ITSELF, MAY CONTAIN BUGS, ERRORS, TECHNICAL OR OTHER MISTAKES, INACCURACIES OR TYPOGRAPHICAL ERRORS, PROBLEMS OR OTHER LIMITATIONS. WE AND OUR AFFILIATED PARTIES HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF ANY MATERIALS AVAILABLE FROM OR THROUGH THE SITE, OR THE SITE ITSELF. IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, WE AND OUR AFFILIATED PARTIES ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN US AND YOU. THE MATERIALS AVAILABLE FROM OR THROUGH THE SITE, AND THE SITE ITSELF, WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS.

Links to Other Websites

The Site may now, or hereafter from time to time, contain links to third-party websites. We do not control such websites nor do we investigate, monitor or check such websites for accuracy or completeness. Accordingly, we are not responsible for the content or opinions expressed in such websites. We provide such third-party links only as a convenience to visitors of the Site, and the inclusion of a link does not imply approval or endorsement of the linked site by us. If you decide to leave the Site and access any third-party website, you do so at your own risk. Five9 Network Systems disclaims all warranties, express or implied, as to the accuracy, legality, reliability or validity of any content on any other site.

Information and Press Releases

The Site contains press releases and other information (collectively, "Information") about us, our business and our products, including links to third-party websites that contain such Information, which are being provided as a convenience to visitors of the Site. While all Information prepared by Five9 Network Systems was believed to be accurate as of the date prepared, we disclaim any duty or obligation to update any Information. Statements concerning companies other than Five9 Network Systems that are contained in any such Information should not be relied upon as being provided or endorsed by us. The opinions expressed in any Information prepared by third parties are solely those of the author(s) and do not necessarily reflect the opinion of Five9 Network Systems. With respect to Information contained in links to third-party websites, please refer to the section above entitled "Links to Other Websites."

Export Control

Any Materials available from or through the Site are or may be subject to United States export controls. No such Materials from the Site may be downloaded or otherwise exported or re-exported (1) into (or to a national or resident of) any country to which the United States has embargoed goods; or (2) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Denial Orders (each, a "Restricted List"). By using or downloading any Materials from the Site, you are warranting that you are not located in, under the control of, or a national or resident of any such country or on any Restricted List.

Visitors' Communications

Except where expressly provided otherwise by us, all comments, feedback, information, or materials submitted to us through or in association with the Site shall be considered nonconfidential. By submitting such comments, feedback, information, or materials to us, you agree to grant Five9 Network Systems an unrestricted, worldwide, irrevocable license to use, reproduce, display, perform, modify, transmit, and distribute such materials, and you also agree that Five9 Network Systems is free to use any ideas, concepts, know-how, or techniques that you send us for any purpose without any compensation to you. However, we will not release your name or otherwise publicize the fact that you submitted such materials to us unless: (a) you grant us permission to do so; (b) we have a good faith belief that we are required to do so by law and/or in response to a subpoena or court order; or (c) we believe it necessary in order to protect the rights of Five9 Network Systems or others. You are prohibited from posting or transmitting to or from the Site any unlawful, threatening, harassing, libelous, offensive, defamatory, obscene, or pornographic materials, or other materials that would violate any law or the rights of others, including, without limitation, laws against copyright infringement, and rights of privacy and publicity.

Personal Information and Privacy

To learn about how Five9 Network Systems protects your personal information, such as your name and address, refer to the Five9 Network Systems Online Privacy Policy. Except as set forth in the Privacy Policy or in this Agreement, your personal information will be deemed to be confidential. Any non-personal information or material sent to Five9 Network Systems will generally be deemed to NOT be confidential. You understand and agree that we may disclose information about you if we have a good faith belief that we are required to do so by law or legal process, to respond to claims, or to protect the rights, property, or safety of Five9 Network Systems or others, or as stated in our Privacy Policy.

Miscellaneous

The Site can be accessed from different locations around the world and may contain references to Five9 Network Systems products, services and programs that have not been announced where you are located. These references do not imply that Five9 Network Systems intends to announce such products, services or programs where you are located. This Agreement shall be treated as though it were executed and performed in Palo Alto, California, and shall be governed by and construed in accordance with the laws of the United States of America and of the State of California (without regard to conflict of law principles). Any cause of action by you with respect to the Site (and/or information, documents and other materials contained therein) must be instituted within one (1) year after the cause of action arose or be forever waived and barred. The language in this Agreement shall be interpreted as to its fair meaning and not strictly for or against you or us. You expressly submit to the exclusive personal jurisdiction and venue of the state and federal courts located in county of Santa Clara, California with respect to all matters relating to this Agreement or your use of the Site, and consent to extra-territorial service of process in connection therewith. Should any part of this Agreement be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect. To the extent that anything in or associated with the Site is in conflict or inconsistent with this Agreement, this Agreement shall take precedence. Our failure to enforce any provision of this Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision.