These Terms of Use (“Terms of Use”) govern the information and materials (“Materials”) available on this site (the “Site” or “service”) provided by 6 Sense Insights, Inc. (“Company”). By using this Site you agree to be bound by these Terms of Use. In addition, when using any particular Company service accessed through this Site, you agree to be subject to any posted guidelines or rules applicable to such service which may be posted and modified from time to time.  All such guidelines or rules are hereby incorporated by reference into these Terms of Use. Company may also offer other services that are governed by different Terms of Use or service.  In such cases the other Terms of Use or service will be posted on the relevant service to which they apply.  We may update or changes these Terms of Use from time to time with or without notice to you, and it is your responsibility to check back often and monitor any such changes and to discontinue use of the Site and service if you do not agree with the then applicable Terms of Use.  If you do not agree to these Terms of Use, do not use this Site. Otherwise, your use of this Site constitutes agreement to these Terms of Use and your continued use if this Site after Company changes these Terms of Use shall constitute your assent to the updated Terms of Use. Use of this Site is also subject to Company’s privacy policy available at the following link: http://sixsense.wpengine.com/privacy-policy/

IF YOU DO NOT AGREE TO THESE TERMS OF USE, YOU MAY NOT ACCESS OR USE THE WEBSITE AND SHOULD IMMEDIATELY EXIT THE WEBSITE.  The terms “you” and “your” refer to the user or viewer of this Site.

This Site is operated by 6sense, Insights Inc. in California, USA. Data may also be stored in other locations for technical or reliability reasons, and the service network architecture can result in the transmission of interstate communications, regardless of where you are physically located, and therefore your use of the service may result in interstate data transmissions. If you access the Site from locations other than the United States, you are responsible for compliance with any applicable local laws.

RESTRICTIONS ON USE AND OWNERSHIP

The Materials contained on this site are owned by and the property of Company and/or its licensors and are protected by copyright and other laws. Except as stated herein, these Materials may not be reproduced, re-used, modified, displayed or distributed by you without Company’s prior written consent. You may download one hard copy of the Materials solely for your informational use. We reserve all other rights. You may not modify the Materials and you may not use the Materials for any commercial purpose. Your breach of these Terms of Use terminates your right to use the Materials.

The trademarks, logos and service marks (“Marks”) displayed on this Site are the property of Company or other third parties.  You are not permitted to use these Marks without the prior written consent of Company or such third party which may own the Mark.

DISCLAIMERS

The Company Materials may contain technical inaccuracies and are not intended to amount to advice in any way. You should not rely on these Materials for development purposes or advice. Company specifically disclaims all liability and responsibility arising from any reliance placed on the Materials by any visitor to the Company website, or by anyone who may be informed of any of its contents.

Company may make corrections or other changes to its Materials, its products, programs and services at any time or discontinue any products, programs, or services without notice. Company may make changes to this Site and these Terms of Use at any time.  Your continued use of this Site will constitute your acceptance of any new or amended terms.

Company is not responsible for content posted by you or other parties nor any content linked to by Company, or otherwise presented. Company does not guarantee the accuracy or correctness of any information presented.

YOU USE THE INFORMATION PRESENTED ON THIS SITE AT YOUR OWN RISK. THE MATERIALS ON THIS SITE ARE PROVIDED “AS IS”. COMPANY AND ITS SUPPLIERS MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE SUITABILITY OF THESE MATERIALS FOR ANY PURPOSE AND DISCLAIM ALL WARRANTIES AND CONDITIONS OF ANY KIND WITH RESPECT TO THESE MATERIALS, INCLUDING BUT NOT LIMITED TO, ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT OF ANY THIRD PARTY INTELLECTUAL PROPERTY RIGHT. THE FOREGOING DISCLAIMERS WILL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.  We do not warrant that the Site will be uninterrupted or error free, that defects will be corrected or that the Site or the server that makes it available are free of viruses or other harmful components.

LIMITATION OF LIABILITY

IN NO EVENT SHALL COMPANY OR ITS SUPPLIERS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO, DAMAGES RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER BASED ON CONTRACT, TORT OR OTHERWISE, RESULTING FROM USE OF THIS SITE OR THE MATERIALS, REGARDLESS OF WHETHER COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  If you become dissatisfied in any way with this Site or the Materials, your sole and exclusive remedy is to stop using this Site.  Some states may not allow disclaimer of implied warranties or the exclusion or limitation of certain types of damages, so these provisions may not apply to you.  If any portion of these limitations on liability are found to be invalid or unenforceable for any reason, then Company’s total aggregate liability arising out of or related to your use of the Site shall not exceed one hundred dollars ($100).  The foregoing disclaimers apply to the maximum extent permitted by applicable law.

THIRD PARTY SITES

All links to other sites or resources of third parties are provided for informational purposes only. Company is not liable for any loss or damage that might arise from your link to or use of such third party sites. The inclusion of any link does not imply endorsement by Company of any linked site, products or services.  Further, Company does not provide any representation or warranty regarding any third party products or services listed on the Company site.

ACCOUNT, PASSWORDS, SECURITY

If as a condition to your use of any portion of this Site you receive a password or account designation upon completing a registration process, you acknowledge and agree that you are responsible for maintaining the confidentiality of the password and account and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify Company of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. Company cannot and will not be liable for any loss or damage arising from your failure to comply with these Terms of Use.

Further, if you are accessing any password protected portion of this Site as a subscriber or authorized user under a subscription agreement with the Company, then in the event of any inconsistency between the terms of your subscription agreement with Company and these Terms of Use, the terms in your subscription agreement shall control with respect to your access and use of such password protected portions of the Site.

GENERAL TERMS

No employee, contractor, or other party is authorized to make exceptions to these Terms of Use nor to the Privacy Policy. Only Company itself may change these Terms of Use or the Privacy Policy.  We are not responsible for any external sites or resources that might be linked to this Site. If you believe that any content or intellectual property of yours has been copied or violated in any way, please contact us immediately, including providing your contact information, a description of the works that you claim have been infringed or are infringing and a statement by you under penalty of perjury, that you have a good faith belief that the disputed use is not authorized and you have authority to enforce the rights that are claimed to be infringed. Titles and headings in these Terms of Use are for reference only and do not change the meaning. These Terms of Use are governed by the laws of the State of California, without regard to its conflict of law provisions.  Any claims, causes of action or disputes (regardless of theory) arising out of or relating to these Terms of Use and any use of the Site shall be brought exclusively in the courts located in the County of Santa Clara, California and you waive any and all objections to jurisdiction by such courts.  Failure of Company to enforce a right under these Terms of Use shall not act as a waiver of that right or provision.  If any provision of these Terms of Use shall be found by a court to be void, invalid or unenforceable, the same shall be reformed if possible to give effect to the parties’ intentions and to comply with applicable law or stricken if not so conformable, and all other provisions of these Terms of Use shall remain in full force and effect. These Terms of Use operate to the fullest extent permissible by applicable law. These Terms of Use, along with the Privacy Policy referenced herein, constitute the entire agreement between you and Company with regard to your use of the Site, and any and all other written or oral agreements, proposals or understandings previously existing between you and Company with respect to your use of the Site are hereby superseded and cancelled. We will not accept any counter-offers to these Terms of Use, and all such offers are hereby categorically rejected. These Terms of Use shall not be interpreted or construed to confer any rights or remedies on any third parties. These Terms of Use and any rights granted hereunder may not be transferred or assigned by you, and any such transfer or assignment shall be void and ineffective. We may freely assign these Terms of Use and our rights and obligations hereunder without restriction. The rights and obligations of these Terms of Use shall survive the termination of your use of this Site and any use of the service. Nothing in these Terms of Use or any action by either party should be interpreted as creating an agency or partnership relationship.

Last Updated: March 29, 2017

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