The90 Terms of Service

Last Updated: May 1, 2026

Welcome to The90, Inc. ("The90," "we," "us," "our"). These Terms of Service ("Terms") govern your access to and use of our website located at www.the90.com (the "Site").

Please read these Terms carefully. By accessing or using our Site, you agree to be bound by these Terms and our Privacy Policy, which can be found here: [Insert Link to Your Privacy Policy here] ("Privacy Policy") and is incorporated by reference into these Terms. If you do not agree to these Terms, please do not access or use the Site.  

THESE TERMS CONTAIN A BINDING ARBITRATION PROVISION AND CLASS ACTION WAIVER. YOU AGREE THAT DISPUTES BETWEEN US WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU AGREE TO WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS ACTION, OR REPRESENTATIVE ACTION. PLEASE READ THE SECTION TITLED “ARBITRATION AND CLASS ACTION WAIVER SECTION” BELOW TO LEARN MORE.

1. Description of Service

The Site provides information about The90, Inc. and our current and future products and services. It also allows users to voluntarily provide their email address to receive communications from us, such as newsletters and updates. We reserve the right to modify, suspend, or discontinue the Site or any part of it at any time without notice. The features and content of the Site may change over time.

2. License to Use the Site

Subject to your compliance with these Terms, The90 grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Site for your personal, non-commercial use.  

3. User Conduct and Responsibilities

You agree not to use the Site for any unlawful purpose or in any way that violates these Terms. You agree not to:

  1. Provide false or misleading information.

  2. Use the Site in any manner that could disable, overburden, damage, or impair the Site.

  3. Attempt to gain unauthorized access to the Site or any related systems or networks.  

  4. Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.  

  5. Use any robot, spider, or other automatic device, process, or means to access the Site for any purpose, including monitoring or copying any material on the Site.  

  6. Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Site or use any information obtained from the Site in order to harass, abuse, or harm another person.

  7. Delete the copyright or other proprietary rights notice from any content on the Site.

  8. Infringe upon the intellectual property rights of The90 or any third party.

  9. Engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Site, or which, as determined by us, may harm The90 or users of the Site.  

4. Intellectual Property Rights

The Site and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by The90, Inc., its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.  

The90name, logo, and all related names, logos, product and service names, designs, and slogans are trademarks of The90, Inc. or its affiliates or licensors. You must not use such marks without the prior written permission of The90, Inc.. All other names, logos, product and service names, designs, and slogans on this Site are the trademarks of their respective owners.  

You are granted only the limited license to use the Site as described in Section 2. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Site, except as necessary for your personal, non-commercial use.  

5. Privacy

Your use of the Site is also governed by our Privacy Policy [Insert Link to Your Privacy Policy here]. Please review the Privacy Policy to understand our practices regarding your information.

6. Disclaimers

THE SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. THE90, INC. HEREBY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.  

WE DO NOT WARRANT THAT THE SITE WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT WARRANT THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY INFORMATION ON THE SITE. YOUR USE OF THE SITE IS SOLELY AT YOUR OWN RISK.  

7. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL THE90, INC., ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE SITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.  

IN NO EVENT SHALL THE TOTAL AGGREGATE LIABILITY OF THE90, INC. AND ITS AFFILIATES EXCEED ONE HUNDRED U.S. DOLLARS ($100.00).

THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

8. Third-Party Links

The Site may contain links to other websites or resources provided by third parties. These links are provided for your convenience only. We have no control over the contents of those sites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any third-party websites linked to this Site, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.  

9. Indemnification

You agree to defend, indemnify, and hold harmless The90, Inc., its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms or your use of the Site.  We reserve the right to assume the exclusive defense and control of any matter for which you indemnify us, and you agree to fully cooperate with us in our defenses of such claim(s). 

10. Governing Law

All matters relating to the Site and these Terms, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of California without giving effect to any choice or conflict of law provision or rule.  

11. Arbitration and Class Action Waiver

Informal Negotiations

To resolve any dispute that may arise from these Terms ("Dispute") brought by either you or us (individually, a "Party" and collectively, the "Parties"), the Parties agree to first provide written notice of the Dispute to the other party and attempt to negotiate informally for at least thirty (30) days before initiating arbitration (except those Disputes expressly provided below).

Arbitration

If the Parties are unable to resolve a Dispute through informal negotiations, the Dispute (except those Disputes expressly excluded below) will be finally and exclusively resolved by binding arbitration. YOU UNDERSTAND THAT WITHOUT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. The arbitration shall be conducted under the Commercial Arbitration Rules of the American Arbitration Association ("AAA"). Your arbitration fees and your share of arbitrator compensation shall be governed by the AAA. The arbitration will take place in the State of California.

A form to initiate arbitration proceedings is available on the AAA site at www.adr.org. In addition to filing this form with the AAA, the Party initiating the arbitration must mail a copy of the completed form to the opposing Party. You may send such copy to The90 at legal@the90.com, and The90 will send such copy to the address you have provided. 

If for any reason, a Dispute proceeds in court rather than arbitration, the Dispute shall be commenced or prosecuted in the state and federal courts located in California, and the Parties hereby consent to, and waive all defenses of lack of personal jurisdiction, and forum non conveniens with respect to venue and jurisdiction in such state and federal courts. In no event shall any Dispute brought by either Party related in any way to the Site be commenced more than one (1) years after the cause of action arose. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.

Restrictions

The Parties agree that any arbitration shall be limited to the Dispute between the parties individually. To the full extent permitted by law, (a) no arbitration shall be joined with any other proceeding; (b) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures; and (c) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.

Exceptions to Informal Negotiations and Arbitration

The Parties agree that the following Disputes are not subject to the above provisions concerning informal negotiations or binding arbitration: (a) any Disputes seeking to enforce or protect, or concerning the validity of, any of the intellectual property rights of a Party; (b) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use; and (c) any claim for injunctive relief. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the parties agree to submit to the personal jurisdiction of that court.

12. Changes to the Terms

We may revise and update these Terms from time to time in our sole discretion. All changes are effective immediately when we post them and apply to all access to and use of the Site thereafter. We will update the "Last Updated" date at the top of these Terms.  

Your continued use of the Site following the posting of revised Terms means that you accept and agree to the changes. You are expected to check this page frequently so you are aware of any changes, as they are binding on you. We will endeavor to notify you of material changes, particularly if new features like e-commerce are added which will require significant updates to these Terms.  

13. Termination

These Terms shall remain in full force and effect while you use the Site .  We may terminate or suspend your access to all or part of the Site for any or no reason, including without limitation, any violation of these Terms, in our sole discretion, without notice. All provisions of these Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.  

14. Feedback

By sending us any question, comment, suggestion, idea, feedback, or other information about the Site ("Feedback"), you agree to assign to us all intellectual property rights in such Feedback. You agree that we shall own this Feedback and be entitled to its unrestricted use and dissemination for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you.

15. Miscellaneous

These Terms and our Privacy Policy constitute the sole and entire agreement between you and The90, Inc. regarding the Site and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Site.  

If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.  

No waiver by The90, Inc. of any term or condition set out in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of The90, Inc. to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.  

You may not assign these Terms or any of your rights or obligations hereunder without our prior written consent.  

16. Contact Information

If you have any questions about these Terms, please contact us at:

The90, Inc. 1109 Alfred Ave., Walnut Creek, CA 94597, legal@the90.com.