1. Who we are
9th Avenue is a solo-founded web development studio based in Port Arthur, Texas, United States, operated by Carlos Gonzalez ("9th Avenue", "we", "us"). Contact: info@9thavenue.dev.
2. Acceptance of terms
By accessing the9thave.com or engaging 9th Avenue for services, you confirm that you are at least 18 years old (or the age of majority in your jurisdiction) and that you agree to be bound by these Terms. If you do not agree, do not use the site or services.
3. Services
9th Avenue provides web design, web development, application development, SaaS development, AI integration, hosting, and related professional services. The scope, timeline, deliverables, and fees for any engagement are described in a separate written proposal or statement of work agreed by both parties. In the event of a conflict between these Terms and a signed engagement-specific agreement, the engagement-specific agreement controls for that engagement.
4. Permitted use of the site
You may use the9thave.com for lawful, personal, or business-evaluation purposes. You may not:
- Use the site in any way that violates applicable law or regulation.
- Attempt to interfere with, compromise, or circumvent the security or integrity of the site or its infrastructure.
- Use automated scraping, crawling, or harvesting tools that disregard our published rate limits or robots.txt.
- Reverse-engineer, decompile, or attempt to extract source code from any non-open-source assets we host.
- Submit content through forms that is unlawful, defamatory, infringing, or that contains malware.
5. Intellectual property
The website, including its design, code, written content, graphics, logos, and trademarks, is owned by 9th Avenue or its licensors and is protected by copyright, trademark, and other intellectual property laws. Nothing in these Terms grants you any right or license to use 9th Avenue trademarks without our prior written permission.
For paid client engagements, ownership of deliverables follows the terms of the applicable proposal or statement of work. Unless that document specifies otherwise, the client receives full ownership of the final delivered code, designs, and content upon final payment, and 9th Avenue retains the right to showcase the work in its portfolio and to reuse generic building-block components developed before or alongside the engagement.
6. Open-source projects
9th Avenue publishes several open-source projects under permissive licenses (for example, MIT or Apache 2.0). Use of those projects is governed by the license file included in the respective repository, not by these Terms.
7. Third-party services
The site and our services rely on third-party providers including Cloudflare, AWS, Google APIs, and others described in our Privacy Policy. Your use of those providers through our services is also subject to the applicable third-party terms and policies, including, where relevant, the Google Terms of Service and the Google API Services User Data Policy.
8. Fees and payment
Fees for engagements are set in the applicable proposal or statement of work. Invoices are due as specified there. Late payments may accrue interest at the lesser of 1.5% per month or the maximum rate permitted by law, and may result in suspension of services. All fees are exclusive of applicable taxes, which are the responsibility of the client unless the agreement says otherwise.
9. Confidentiality
Each party agrees to keep the other party's non-public information confidential and to use it only for the purpose of the engagement. This obligation survives termination of the engagement. We are happy to sign a mutual non-disclosure agreement on request before reviewing any sensitive material.
10. Disclaimers
The site and all materials are provided on an "as is" and "as available" basis without warranties of any kind, whether express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, or non-infringement. 9th Avenue does not warrant that the site will be uninterrupted, error-free, or free of harmful components.
11. Limitation of liability
To the maximum extent permitted by law, in no event will 9th Avenue, its principal, agents, or licensors be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits, revenue, data, or use, arising out of or in connection with your use of the site or services, even if advised of the possibility of such damages. For paid engagements, 9th Avenue's aggregate liability arising out of or relating to the engagement will not exceed the amounts actually paid by the client to 9th Avenue under the applicable proposal or statement of work during the 12 months preceding the event giving rise to the claim.
12. Indemnification
You agree to defend, indemnify, and hold harmless 9th Avenue and its principal against any claims, damages, liabilities, and expenses (including reasonable attorneys' fees) arising out of or related to your violation of these Terms or your misuse of the site or services.
13. Termination
We may suspend or terminate your access to the site at any time if we believe you have violated these Terms or applicable law. Either party may terminate a paid engagement under the terms of the applicable proposal or statement of work. Provisions intended by their nature to survive termination (including confidentiality, intellectual property, disclaimers, and limitation of liability) survive.
14. Governing law and disputes
These Terms are governed by the laws of the State of Texas, United States, without regard to its conflict of laws principles. Any dispute arising out of or relating to these Terms or the site will be brought exclusively in the state or federal courts located in Jefferson County, Texas, and the parties consent to the personal jurisdiction of those courts.
15. Changes to these terms
We may update these Terms from time to time. The "Last updated" date above reflects the most recent revision. Your continued use of the site after we post changes constitutes your acceptance of those changes.
16. Contact
Questions about these Terms can be sent to:
9th Avenue
Attn: Legal
Port Arthur, Texas, United States
Email: info@9thavenue.dev