SixFifty, its history, and our Products are described on the Sites.
SixFifty may change, suspend, modify, or discontinue all or any part of the Sites in its sole discretion with or without notice. SIxFifty is not liable if all or any part of a Site is, for any reason, unavailable at any time or for any period. SixFifty reserves the right to block or deny access to any of the Sites to anyone at any time for any reason. SixFifty is not obligated to correct or update any information or content on the Sites
We offer multiple platforms (the “SixFifty Platforms”) through our Sites and, to use the platforms, you must adhere to additional terms and conditions based on the SixFifty Platforms, as listed in the following:
ACCOUNT ACCESS AND SECURITY
You may choose to register and create an account in order to access certain content and functionality of the Sites, including on any of the SixFifty Platforms. If you choose to create an account, you must provide an email address and password and may be required to provide additional personal information. To protect your account security, you should choose a username and password that are not associated with your personal information.
You are responsible for maintaining the confidentiality of your account, password, and other information. Any account you create is personal to you and you agree not to provide any other person with access to it. You agree to notify SixFifty immediately if you become aware of any unauthorized access to or use of your account. You may be required to logout from your account at the end of each session. You should use caution when accessing your account from a public or shared computer so that others are not able to view or access your information. SixFifty may disable an account at any time in its sole discretion.
United States copyright law criminalizes the production and dissemination of technology, devices, or services intended to circumvent measures known as digital rights management or DRM, i.e., measures that control access to copyrighted works. Copyright law also criminalizes the act of circumventing an access control, whether or not there is actual infringement of a copyright.
You agree that you will not post any User Content that (a) infringes or violates any other party's intellectual property rights; (b) fails to comply with applicable laws and regulations, or (c) contains any expressions of hate, abuse, offensive images or conduct, or any similar content. Without limiting the foregoing, User Content must not:
- contain any defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, sexually explicit, pornographic, or otherwise objectionable material;
- promote sexually explicit or pornographic material, violence, or discrimination based on race, ethnicity, sex, religion, nationality, disability, sexual orientation or age;
- cause annoyance, inconvenience or needless anxiety to or be likely to upset, embarrass, alarm, or annoy any other person;
- violate any person's or party's legal rights (including rights of publicity and privacy);
- impersonate any person or entity or misrepresent the identity or affiliation of the user or any other party;
- appear as if they are sent by or endorsed by SixFifty or any other person, if this is not the case;
- be likely to or designed to deceive any person;
- contain any material that could result in civil or criminal liability;
- advocate, promote, contribute to, or assist any illegal or unlawful activity;
- involve commercial activities or sales, such as contests, sweepstakes, and other sales promotions, barter or advertising, other than as conducted by SixFifty in its operation of the Sites; or
MONITORING OR REMOVAL OF USER CONTENT
SixFifty is not responsible or liable to any third party and assumes no liability for any action or inaction regarding the posting of User Content by any user or third party. At its discretion SixFifty may, but is not obligated to, take steps to monitor User Content. However, SixFifty does not review material before it is posted and makes no guarantees regarding promptness of removal of objectionable material after it has been posted. SixFifty is not deemed to endorse, verify, or agree with any User Content.
Without limiting the foregoing, SixFifty has the right to fully cooperate with any law enforcement authorities or court orders requesting or directing it to disclose the identity or other information of anyone posting any User Content. YOU WAIVE AND HOLD HARMLESS SIXFIFTY AND ITS AFFILIATES, LICENSORS, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY SIXFIFTY OR LAW ENFORCEMENT AUTHORITIES.
SIXFIFTY HAS NO LIABILITY OR RESPONSIBILITY TO ANYONE FOR PERFORMANCE OR NONPERFORMANCE OF THE ACTIVITIES DESCRIBED IN THIS SECTION.
- in any way that violates any applicable law or regulation (including any laws regarding export of data or software to and from the United States or other countries);
- for the purpose of exploiting, harming, or attempting to exploit or harm minors or any other person in any way by exposing them to inappropriate content, asking for PII, or otherwise;
- to send, knowingly receive, upload, download, use, or re-use any material that does not comply with the Content Standards;
- to transmit, or procure the transmission of, any advertising or promotional material except as expressly permitted on the Sites;
- to impersonate or attempt to impersonate SixFifty, an employee of SixFifty, another user or any other person or entity; or
- to engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Sites, or which, as determined by SixFifty, may harm SixFifty or users of the Sites, expose them to liability, or threaten the security of their PII.
Additionally, you agree not to:
- use the Sites in any manner that could disable, overburden, damage, or impair the Sites;
- use any manual process or robot, spider or other automatic device, process or means to access, monitor, or copy all or any part of the Sites for any purpose;
- use any device, software, or routine that interferes with the proper working of the Sites, including by the introduction of or attempted introduction of logic bombs, trojan horses, viruses, worms, or other malicious or harmful material or code to the Sites or any server, computer, software, or database connected to the sites;
- attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Sites, the server on which the Sites are stored, or any server, computer, or database connected to the Sites;
- attack the Sites via any denial-of-service attack; or
- otherwise attempt to interfere with the proper working of the Sites.
INTELLECTUAL PROPERTY RIGHTS
You should notify SixFifty of any suspected copyright infringement in accordance with the relevant provisions of the Digital Millennium Copyright Act.
All other names, logos, product and service names, designs and slogans on the Sites are the trademarks of their respective owners and are used in accordance with law and/or license or other agreement.
RELIANCE ON POSTED INFORMATION
The Sites may include content provided by third parties. Other than content provided by SixFifty, all statements and/or opinions expressed, all articles and responses to questions, and other content are solely the opinions and the responsibility of the party providing those materials. SixFifty is not responsible for the content or accuracy of any materials provided by any third parties. SixFifty does not warrant the accuracy, completeness, or reliability of any third party information on the Sites.
INFORMATION GATHERED ABOUT YOUR VISITS TO THE SITES
LINKING TO THE SITES AND SOCIAL MEDIA FEATURES
You may link out to SixFifty Sites, provided you do so in a way that is legal and does not damage or take advantage of the SixFifty reputation You must not establish a link in such a way as to suggest any form of association, approval, or endorsement on the part of SixFifty part without the express written consent of SixFifty.
LINKS FROM THE SITES
We are incorporated in the State of Delaware in the United States. We provide the Sites for use only by parties located in the United States. We make no claims that the Sites or any of its content is accessible or appropriate outside of the United States. Access to the Sites by certain persons or in certain countries may not be legal by. If you access the Sites from outside the United States, you do so on your own initiative, at your own risk, and are responsible for compliance with local laws.
DISCLAIMER OF WARRANTIES
EXCEPT AS EXPRESSLY PROVIDED HEREIN, SIXFIFTY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
LIMITATION ON LIABILITY AND TIME TO FILE CLAIMS
SIXFIFTY WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SITES.
IN NO EVENT WILL SIXFIFTY, ITS SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, MANAGERS, OR DIRECTORS, OR AFFILIATES OR THEIR LICENSORS, BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH USE OF, OR INABILITY TO USE, THE SITES, ANY WEBSITES LINKED TO THE SITES, ANY CONTENT ON THE SITES OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITES OR SUCH OTHER WEBSITES. THIS LIMITATION INCLUDES ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES ARISING FROM 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, AND LOSS OF DATA, WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
GOVERNING LAW AND JURISDICTION
You agree that the federal and state courts located in the State of California have exclusive jurisdiction over any legal proceedings relating to, arising out of, or connected in any way to your use of the Sites. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
YOU AND SIXFIFTY HEREBY AGREE TO GIVE UP ANY RIGHTS TO LITIGATE CIVIL CLAIMS ARISING FROM OR RELATED TO YOUR USE OF THE SITES IN A COURT OR BEFORE A JURY, OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO A CLAIM. OTHER RIGHTS THAT WOULD BE AVAILABLE IN COURT PROCEEDINGS MAY ALSO BE UNAVAILABLE OR MAY BE LIMITED IN ARBITRATION.
ANY CLAIM, DISPUTE, OR CONTROVERSY (WHETHER IN CONTRACT, TORT OR OTHERWISE, WHETHER PRE-EXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL TORT, INJUNCTIVE AND EQUITABLE CLAIMS) BETWEEN YOU AND SIXFIFTY ARISING FROM OR RELATING IN ANY WAY TO YOUR PURCHASE OF PRODUCTS THROUGH THE SITE, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION.
The arbitration will be administered by the American Arbitration Association ("AAA") in accordance with the Consumer Arbitration Rules (the "AAA Rules") then in effect. (The AAA Rules are available at https://www.adr.org/sites/default/files/Consumer_Rules_Web_0.pdf or by calling the AAA at 1-800-778-7879.)
The arbitrator will have exclusive authority to resolve any dispute relating to arbitrability and/or enforceability of this arbitration provision, including any unconscionability challenge or any other challenge that the arbitration provision or the agreement is void, voidable, or otherwise invalid. The arbitrator will be empowered to grant whatever relief would be available in court under law or in equity. Any award of the arbitrator(s) will be final and binding on each of the parties, and may be entered as a judgment in any court of competent jurisdiction.
You agree to an arbitration on an individual basis. In any dispute, NEITHER YOU NOR SIXFIFTY WILL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER CUSTOMERS IN COURT OR IN ARBITRATION OR OTHERWISE PARTICIPATE IN ANY CLAIM AS A CLASS REPRESENTATIVE, CLASS MEMBER, OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. The arbitral tribunal may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding. The arbitral tribunal has no power to consider the enforceability of this class arbitration waiver and any challenge to the class arbitration waiver may only be raised in a court of competent jurisdiction.
If any provision of this arbitration agreement is found unenforceable, the unenforceable provision will be severed and the remaining arbitration terms will be enforced.
WAIVER AND SEVERABILITY
YOUR COMMENTS AND CONCERNS
This website is operated by SixFifty Technologies LLC located at www.sixfifty.com.
All feedback, comments, requests for technical support, and other communications relating to the Sites should be directed to: email@example.com.