Last Modified: August 29, 2023
E. By accessing or using this Website, you represent and warrant that you are of legal age to form a binding contract with the Company and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Website.
3. Accessing the Website and Account Security
A. We reserve the right to withdraw or amend this Website, and any service or material we provide on the Website, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website, to users, including registered users.
B. You are responsible for both:
i. Making all arrangements necessary for you to have access to the Website.
D. If you choose, or are provided with, a username, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Website or portions of it using your username, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
4. Intellectual Property Rights
A. The Website 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) and all associated intellectual property rights are owned by the Company, 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.
i. Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
ii. You may store files that are automatically cached by your Web browser for display enhancement purposes.
iii. You may print one copy of a reasonable number of pages of the Website for your own personal, non-commercial use and not for further reproduction, publication, or distribution.
iv. If we provide desktop, mobile, or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications.
v. If we provide social media features with certain content, you may take such actions as are enabled by such features.
C. You must not:
i. License, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Website, whether in whole or in part, or any content displayed on the Website.
ii. Modify copies of any materials from this site.
iii. Use any illustrations, photographs, images, video or audio sequences, or any graphics separately from the accompanying text.
iv. Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this site.
D. You must not access or use for any commercial purposes any part of the Website or any services or materials available through the Website.
The Company name “Sixfold” and all related logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates as may be indicated. You must not use such marks without the prior written permission of the Company. All other third-party company names, logos, product and service names, designs, and slogans on this Website are the trademarks of their respective third-party owners as indicated.
6. Prohibited Uses
i. In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
ii. For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
iv. To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation.
v. To impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity (including, without limitation, by using email addresses associated with any of the foregoing).
vi. To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by us, may harm the Company or users of the Website, or expose them to liability.
B. Additionally, you agree not to:
i. Use the Website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Website, including their ability to engage in real time activities through the Website.
ii. Use any robot, spider, scripts, service, software or any manual or automatic device, tool, or process designed to data mine or scrape the content, data, materials or information from the Website, or otherwise use, access, or collect the content, data, materials, or information from the Website using automated means.
iii. Use the content, data, materials, or information on the Website for the development of any software program, including, but not limited to, training a machine learning or artificial intelligence (AI) system.
v. Use any device, software, or routine that interferes with the proper working of the Website.
vi. Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
vii. Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer, or database connected to the Website.
viii.Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.
ix. Otherwise attempt to interfere with the proper working of the Website.
7. License to Your Data; User Contributions; Feedback
A. If you provide any information or data to the Website unrelated to the Services or other Solution agreement (“Your Data”), you grant the Company a fully paid, perpetual, irrevocable, worldwide, royalty-free, non-exclusive and fully sublicensable right and license to use, distribute, and reproduce Your Data (in whole or in part) for the purposes of operating the Website or performing functions offered through the Website (such as responding to inquiries). Any information or data you provide to the Company unrelated to the Website will be governed by your SAAS Agreement or other Solution agreement as applicable. Notwithstanding anything to the contrary, the Company shall have the right to collect and analyze data and other information relating to the provision, use and performance of various aspects of the Website and related systems and technologies (including, without limitation, data derived from Your Data and from other services or products you use), and the Company will be free to (i) use such information and data to improve and enhance the Website, other services and products and for other development, diagnostic and corrective purposes in connection with the Website and other the Company offerings, and (ii) disclose such data solely in aggregate or other de-identified or anonymized form (such that you shall not in any way, directly or indirectly, be identifiable as the source of such data) in connection with its business, such as by publishing a report on trends in the usage of the Website. No rights or licenses are granted except as expressly set forth herein. You agree that you, not the Company, are responsible for the content and correctness of all of Your Data that you provide or make available on or in the Website.
B. The Website may contain message boards, chat rooms, personal web pages or profiles, forums, bulletin boards, and other interactive features (collectively, “Interactive Services”) that allow users to post, submit, publish, display, or transmit to other users or other persons (hereinafter, “post”) content or materials (collectively, “User Contributions”) on or through the Website.
D. Any User Contribution you post to the site will be considered non-confidential and non-proprietary. By providing any User Contribution on the Website, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material.
E. You represent and warrant that:
i. You own or control all rights in and to the User Contributions and have the right to grant the license granted above to us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns.
F. You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not the Company, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness.
G. We are not responsible or liable to any third party for the content or accuracy of any User Contributions posted by you or any other user of the Website.
H. You agree that submission of any ideas, concepts, recommendations, suggestions, criticisms, documents, and/or proposals you provide to the Company through its suggestion, feedback, wiki, chat sessions, forum or similar pages, by email, or through any other means (“Feedback”) is at your own risk and that all Feedback shall be solely and exclusively owned by the Company, without any obligation by the Company to compensate you, and you agree to execute any and all documents necessary to perfect the Company’s ownership of the intellectual property rights in such Feedback (at the Company’s expense). The Company owns all rights, title and interest in and to such Feedback without restriction and without payment or accounting to you. With respect to any Feedback, you may not use any such Feedback for any purpose absent the express written permission of the Company, which it may withhold in its absolute discretion. You represent and warrant that you have all rights necessary to submit or provide the Feedback as contemplated herein.
8. Monitoring and Enforcement; Termination
A. We have the right to:
i. Remove or refuse to post any User Contributions for any or no reason in our sole discretion.
iii. Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
iv. Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website.
B. Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website. YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
C. However, we cannot review all material before it is posted on the Website, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.
9. Content Standards
These content standards apply to any and all User Contributions and use of Interactive Services. User Contributions must in their entirety comply with all applicable federal, state, local, and international laws and regulations. Without limiting the foregoing, User Contributions must not:
i. Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable.
ii. Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.
iii. Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person.
v. Be likely to deceive any person.
vi. Promote any illegal activity, or advocate, promote, or assist any unlawful act.
vii. Impersonate any person, or misrepresent your identity or affiliation with any person or organization.
viii.Involve commercial activities or sales, such as contests, sweepstakes, and other sales promotions, barter, or advertising.
ix. Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.
10. Copyright Infringement
If you believe that any User Contributions violate your copyright, please contact us at firstname.lastname@example.org to notify us of such claim of copyright infringement. It is the policy of the Company to terminate the user accounts of repeat copyright infringers.
11. Reliance on Information Posted
A. The information presented on or through the Website is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents.
B. This Website includes content provided by third parties, including materials provided by other users, bloggers, and third-party licensors, syndicators, aggregators, and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Company. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.
12. Changes to the Website
We may update the content on this Website from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Website may be out of date at any given time, and we are under no obligation to update such material. You acknowledge and agree that the Company will have no obligation to provide you with any support or maintenance in connection with the Website.
13. Information About You and Your Visits to the Website
14. Linking to the Website and Social Media Features
A. You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part.
B. This Website may provide certain social media features that enable you to:
i. Link from your own or certain third-party websites to certain content on this Website.
ii. Send emails or other communications with certain content, or links to certain content, on this Website.
iii. Cause limited portions of content on this Website to be displayed or appear to be displayed on your own or certain third-party websites.
C. If provided, you may use these features solely as they are provided by us and solely with respect to the content with which they are displayed. Subject to the foregoing, you must not:
i. Establish a link from any website that is not owned by you.
ii. Cause the Website or portions of it to be displayed on, or appear to be displayed by, any other site, for example, framing, deep linking, or in-line linking.
iii. Link to any part of the Website other than the homepage.
E. You agree to cooperate with us in causing any unauthorized framing or linking immediately to stop. We reserve the right to withdraw linking permission without notice.
F. We may disable all or any social media features and any links at any time without notice in our discretion.
15. Links from the Website
If the Website contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. 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 of the third-party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
16. Geographic Restrictions
The owner of the Website is based in the State of New York in the United States. We provide this Website for use only by persons located in the United States. We make no claims that the Website or any of its content is accessible or appropriate outside of the United States. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
17. Disclaimer of Warranties
A. You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, WE 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 WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
B. YOUR USE OF THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
C. TO THE FULLEST EXTENT PROVIDED BY LAW, THE COMPANY HEREBY 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 PARTICULAR PURPOSE.
D. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
18. Limitation on Liability
A. TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COLLECTIVE LIABILITY OF THE COMPANY AND ITS SUBSIDIARIES AND AFFILIATES, AND THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS, TO ANY PARTY (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED THE AMOUNT YOU HAVE PAID TO THE COMPANY FOR THE APPLICABLE CONTENT AND SERVICES IN THE LAST 12 MONTHS OUT OF WHICH LIABILITY AROSE.
B. THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
20. Governing Law
Dispute Resolution. Please read the following arbitration agreement (“Arbitration Agreement”) in this section carefully. It requires you to arbitrate disputes with Sixfold and limits the manner in which you can seek relief from us.
A. Applicability of Arbitration Agreement. You agree that any dispute, claim, or request for relief relating in any way to your access or use of the Website, will be resolved by binding arbitration, rather than in court, except that you may assert claims or seek relief in small claims court if your claims qualify.
B. Arbitration Rules and Forum. The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement. To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your dispute or claim or request for relief to our registered agent in Delaware. The arbitration will be conducted by JAMS, an established alternative dispute resolution provider. Disputes involving claims, counterclaims, or request for relief under $250,000, not inclusive of attorneys’ fees and interest, shall be subject to JAMS’s most current version of the Streamlined Arbitration Rules and procedures available at http://www.jamsadr.com/rules-streamlined-arbitration/; all other disputes shall be subject to JAMS’s most current version of the Comprehensive Arbitration Rules and Procedures, available at http://www.jamsadr.com/rules-comprehensive-arbitration/. JAMS’s rules are also available at www.jamsadr.com. If JAMS is not available to arbitrate, the parties will select an alternative arbitral forum. If the arbitrator finds that you cannot afford to pay JAMS’s filing, administrative, hearing and/or other fees and cannot obtain a waiver from JAMS, Sixfold will pay them for you. You may choose to have the arbitration conducted by telephone, based on written submissions, or in the State of New York, United States. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
C. Authority of Arbitrator. The arbitrator shall have exclusive authority to (a) determine the scope and enforceability of this Arbitration Agreement and (b) resolve any dispute related to the interpretation, applicability, enforceability or formation of this Arbitration Agreement including, but not limited to, any assertion that all or any part of this Arbitration Agreement is void or voidable. The arbitration will decide the rights and liabilities, if any, of you and Sixfold. The arbitration proceeding will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator shall have the authority to grant motions dispositive of all or part of any claim. The arbitrator shall have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law, the arbitral forum’s rules, and these Terms (including the Arbitration Agreement). The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and us.
D. Waiver of Jury Trial. YOU AND SIXFOLD HEREBY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY. You and Sixfold are instead electing that all disputes, claims, or requests for relief relating in any way to your access or use of the Website shall be resolved by arbitration under this Arbitration Agreement, except as specified above. An arbitrator can award on an individual basis the same damages and relief as a court and must follow these Terms as a court would. However, there is no judge or jury in arbitration, and court review of an arbitration award is subject to very limited review.
E. Waiver of Class or Other Non-Individualized Relief. ALL DISPUTES, CLAIMS, AND REQUESTS FOR RELIEF WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS OR COLLECTIVE BASIS, ONLY INDIVIDUAL RELIEF IS AVAILABLE, AND CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. If a decision is issued stating that applicable law precludes enforcement of any of this subsection’s limitations as to a given dispute, claim, or request for relief, then such aspect must be severed from the arbitration and brought into the State or Federal Courts located in the State of New York. All other disputes, claims, or requests for relief shall be arbitrated.
F. Severability. Except as provided herein, if any part or parts of this Arbitration Agreement are found under the law to be invalid or unenforceable, then such specific part or parts shall be of no force and effect and shall be severed and the remainder of the Arbitration Agreement shall continue in full force and effect.
G. Survival of Agreement. This Arbitration Agreement will survive the termination of your relationship with Sixfold.
22. Limitation on Time to File Claims
23. Waiver and Severability
24. Entire Agreement
25. Your Comments and Concerns
A. This website is operated by Sixfold AI, Inc., New York, NY.
B. All notices of copyright infringement claims should be sent to us at email@example.com to notify us of such claim of copyright infringement.
C. All other feedback, comments, requests for technical support, and other communications relating to the Website should be directed to: firstname.lastname@example.org.