Legal

Sixgill, LLC (“Sixgill”) values the privacy of our users. This Privacy Policy describes the Sixgill policies and procedures on the collection, use, and disclosure of your information. This Privacy Policy is subject to the Sixgill Terms and Conditions of Use.  Information we collect from your use of Sixgill website, products, and services are subject to the terms of this Privacy Policy. Please read the following to learn more about our privacy policy.

Information Sixgill Collects

We collect the following the information:

Registration Information:  When you register with Sixgill or when you use Sixgill products and services, you may choose to provide certain personally-identifiable information including, but not limited to your name, email address, phone number.

Location Information:  When you use Sixgill products and services Sixgill can collect location information and sensor data provided by your device. This information may include but is not limited to GPS data (including, but not limited to device latitude/longitude, accuracy, heading, speed, and altitude), cell tower and Wi-Fi access point information.

Device Information:  Sixgill automatically receives and records (collects) information from any device you use to view, register or download Sixgill products and services including, but not limited to, your cell phone, tablet, PDA computer, personal computer, browser, car, appliances and M2M devices. Such records and information may include, but not be limited to, device-specific information, such as device UDID, device phone number, your IP address, cookie information, software and hardware attributes.

Cookies and Website Data:

In addition, we may use a technology called “cookies” and similar identification technologies.  A cookie is a small file transferred to your computer or device that identifies you as a unique user.  We may use cookies to improve the quality of our products and services easier to use.  We do this by storing information (for example, a unique user ID and settings preferences) about a particular user session in cookies in order to provide you with a more seamless experience.  If you choose to do so, you can configure your browser to delete existing cookies or disable cookies altogether.  However, certain features of the website may not work if you delete or disable cookies.

Sixgill uses the collected information for the following general purposes to: provide services that you activate or for other products and services, improve our services, contact you, conduct research, and to provide anonymous reporting for internal and external clients.

Information Sharing and Disclosure

Other than as set forth in this Privacy Policy, except for aggregate information that we may share with third parties in a manner that does not link such information to any individual, we will not share your Personal Information with third parties, unless you have given us permission to do so. If, after providing consent, you want to opt out of having your Personal Information disclosed to third parties for their direct marketing purposes, please let us know by sending us an e-mail at legal@sixgill.com or by writing to us at Sixgill, LLC, Sixgill, LLC, 548 Market Street, 22409, San Francisco, CA 94104-5401 ATTN: Legal.

We may sometimes use other businesses (“Service Providers”) to perform certain services for us, e.g., to provide certain services on our behalf, such as software development, payment processing, hosting and maintenance, data storage and management services, production and fulfillment services, and marketing and promotions.  We provide our Service Providers with the information reasonably necessary for them to perform the services on our behalf.  Each Service Provider must agree to implement and maintain reasonable security procedures and practices appropriate to the nature of the information involved in order to protect your information from unauthorized access, destruction, use, modification or disclosure.

Notwithstanding anything in this Privacy Policy to the contrary, you understand and agree that Sixgill may access, preserve, and disclose any information we have collected about you or that you have submitted: (a) if we are legally required to do so (for example, in response to subpoenas, court orders or legal process) or to establish, protect or exercise our legal rights or defend against legal claims; (b) to protect the rights and property of Sixgill, its affiliates, other users, or the public; (c) if we believe it is necessary in order to investigate, prevent or take action regarding illegal activities, fraud, copyright violations, trademark violations or other violations of the personal or intellectual property rights of others or situations involving potential threats to the safety of any person; (d) to our corporate affiliates, joint venture partners or other companies under common control with

Sixgill (in which case we will require those entities to honor this Privacy Policy); and (e) if Sixgill is acquired by or merged with another entity or in connection with a sale of our assets.

Links to Other Sites

The Sixgill website, products and services may contain links to websites operated and maintained by third parties.  We have no control over those third parties.  Privacy policies on such linked websites may be different from our Privacy Policy.  You access such linked websites at your own risk.  We encourage you to review the privacy policy of any such linked website you visit to understand how they collect, store, and use your information.

Confidentiality and Security

The security of your Personal Information is important to us.  We use standard security procedures and practices appropriate to the nature of the information we collect in an effort to protect the information from unauthorized access, destruction, use, modification or disclosure.  We also require our Service Providers to implement and maintain reasonable security procedures and practices appropriate to the nature of the information we share with them.  No data transmission over the Internet or any wireless network can be guaranteed to be 100% secure.  So, while we strive to protect Personal Information, we cannot and do not guarantee or warrant the security of any information you transmit to or from the Service, and you do so at your own risk.

Special Note Regarding Children

The Sixgill website, products, and services are not directed to children.  We do not knowingly collect personally identifiable information from children under the age of 13.  If we become aware that we have inadvertently received personally identifiable information from a user under the age of 13, we will delete such information from our records.

Notice to Residents of Countries outside the United States of America

Please be aware that your information and communications may be transferred to and maintained on servers or databases located outside your state, province, or country.  If you are located outside of the United States, please be advised that we may process and store all information in the United States.  The laws in the United States may not be as protective of your privacy as those in your location.  By using our website, products or services, you agree that the collection, use, transfer and disclosure of your Personal Information and communications will be governed by the applicable laws in the United States.

Rights of European Union Residents

For residents of the European Union, Sixgill takes particular measures to protect the personal data of European residents under the European Union General Data Protection Regulation (“GDPR”). If there is any conflict between this policy and the GDPR, the GDPR principles shall govern with respect to residents of the European Union.

Under the GDPR, you have the right to request a copy of your personal data stored at

Sixgill (Article 15 GDPR). You also have the right to request corrections (Article 16 GDPR), deletion (Article 17 GDPR) or restriction (Article 18 GDPR) of your personal data stored at Sixgill.

In order to meet these requests, we will ask you to provide a contact email address. This allows us to send you the information you requested, or to confirm completion of any requests to correct, delete or restrict data (Article 19 GDPR).

If you are a European resident and are dissatisfied with the handling of your personal data by Sixgill, you have the right to object to processing of your personal data at any time (Article 21 GDPR). You may send your concerns or objections about the processing of your personal data to legal@sixgill.com.

Changes to this Privacy Policy

Sixgill may update this policy from time to time for any reason. Sixgill will notify you about significant changes in the way we treat personal information by posting the new Privacy Policy on the Sixgill website (http://www.sixgill.com/legal).

Changes

Sixgill may, in its sole and absolute discretion, change this Privacy Policy from time to time.  All changes to the Privacy Policy will be effective when posted.  In order to continue using the website, products, or services following any changes to the Privacy Policy, you must agree to be bound by such changes.  If you object to any such changes, your sole recourse shall be to cease using the Sixgill website, products and services.

Questions and Suggestions

If you have questions or suggestions, you can contact Sixgill via the contact information contained on our Website or at:

Sixgill, LLC

48 Market Street, 22409 San Francisco, CA 94104-5401

revised: August 2020

  1. Your Acceptance

Welcome to sixgill.com. Your use of this website or any other websites owned or operated by Sixgill, LLC (the “Website”) and the services provided through or in connection with the Website and viewing of the content available at the Website, is subject to this Terms of Use Agreement (the “Terms of Use”). Each time you use the Website, you agree to be bound by the following Terms of Use. If you do not agree to any of these terms, then you must immediately discontinue your use of the Website. These Terms of Use may be updated by Sixgill, LLC from time to time without notice to you.

  1. Users

These Terms of Use apply to all customers, visitors, users, and others who view the Website (“Users” as well as “You” or “Your”), including Users who are also contributors of images, video, information, and other materials or services on the Website. The Website may contain links to third-party websites that are not owned or controlled by Sixgill, LLC. Sixgill, LLC has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites. In addition, Sixgill, LLC will not and cannot censor or edit the content of any third-party website. By using the Website, you expressly relieve Sixgill, LLC from any and all liability arising from your use of any third-party website. Accordingly, we encourage you to be aware when you leave the Website and to read the terms of use and privacy policy of each other website that you visit.

  1. Use of the Website

(a) Sixgill, LLC hereby grants you permission to use the Website as set forth in these Terms of Use, provided that: (i) your use of the Website as permitted is solely for your personal, noncommercial use (except as set forth in Section 3(f) below); (ii) you will not copy or distribute any part of the Website in any medium without Sixgill, LLC prior written authorization; (iii) you will not alter or modify any part of the Website other than as may be reasonably necessary to use the Website for its intended purpose; and (iv) you will otherwise comply with the terms and conditions of these Terms of Use.

(b) In order to access some features of the Website, you may have to create an account. You may never use another’s account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify Sixgill, LLC immediately of any breach of security or unauthorized use of your account. Although Sixgill, LLC will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of Sixgill, LLC or others due to such unauthorized use.

(c) You agree not to use or launch any automated system, including without limitation, “robots,” “spiders,” “offline readers,” etc., that accesses the Website in a manner that sends more request messages to the servers operating the Website in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. Notwithstanding the foregoing, Sixgill, LLC grants the operators of public search engines permission to use spiders to copy materials from the Website for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. Sixgill, LLC reserves the right to revoke these exceptions either generally or in specific cases. You agree not to collect or harvest any personally identifiable information, including account names, from the Website, nor to use the communication systems and/or the navigation systems provided by the Website for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any Users of the Website with respect to their User Submissions (see Section 5 below).

(d) Sixgill, LLC may permanently or temporarily terminate, suspend, or otherwise refuse to permit Users’ access to the Website without notice and liability, if, in the sole determination off Sixgill, LLC, User violates any of the terms of use, including the following prohibited actions; (i) use the Website for any illegal purpose or to submit, transmit or facilitate the distribution of information or content that is unlawful, harmful, abusive, racially or ethnically offensive, vulgar, obscene, sexually explicit, defamatory, infringing, invasive of personal privacy or publicity rights, harassing, libelous, threatening, or in a reasonable person’s view, objectionable; (ii) submit, transmit, promote or distribute information or content that is illegal; (iii) attempt to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the Website; (iv) take any action that imposes, or may impose at our sole discretion an unreasonable or disproportionately large load on our infrastructure; (v) upload invalid data, viruses, worms, or other software agents through the Website; (vi) use any robot, spider, scraper or other automated access the Service for any purpose without our express written permission; (vii) impersonate another person or otherwise misrepresent Users’ affiliation with a person or entity, conduct fraud, hide or attempt to hide Users’ identity; (viii) submit, upload, post, email, transmit or otherwise make available any information or content that User does not have a right to make available under any law or under contractual or fiduciary relationships; (ix) interfere with the proper working of the Website; or, (x) bypass the measures we may use to prevent or restrict access to the Website. Upon termination for any reason, User continues to be bound by this Agreement.

(e) For individual Users, the Website and data generated by it, including any maps, navigation information, photographic imagery and other data, is made available for your personal, non-commercial use only. For business Users, the Website and data generated by it, including maps, navigation information, photographic imagery and other data, is made available for your internal use only and may not be commercially redistributed.

  1. Intellectual Property Rights

The content on the Website, including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like (“Content”), the trademarks, service marks and logos contained therein (“Marks”), and the services provided by or carried out by the systems and methods incorporated into the Website (“Services”), are owned by or licensed to Sixgill, LLC and are subject to copyright, trademark, patent and other intellectual property rights under United States and foreign laws and international conventions. Content on the Website is provided to you AS IS for your information and use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. Sixgill, LLC reserves all rights not expressly granted in and to the Website and the Content. You agree to not engage in the use, copying, or distribution of any of the Content other than expressly permitted herein, including any use, copying, or distribution of User Submissions (see Section 5 below) of third parties obtained through the Website for any commercial purposes. If you download or print a copy of the Content for personal use, you must retain all copyright and other proprietary notices contained therein. You agree not to circumvent, disable or otherwise interfere with security related features of the Website or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Website or the Content therein.

  1. User Submissions

(a) The Website may now or in the future permit the submission of images, sounds, videos, data, or other communications submitted by you and other Users (“User Submissions”) and the hosting, sharing, and/or publishing of such User Submissions. You understand that whether or not such User Submissions are published, Sixgill, LLC does not guarantee any confidentiality with respect to any User Submissions.

(b) You shall be solely responsible for your own User Submissions and the consequences of posting or publishing them. In connection with User Submissions, you affirm, represent, and/or warrant that: (i) you own or have the necessary licenses, rights, consents, and permissions to use and authorize Sixgill, LLC to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all User Submissions to enable inclusion and use of the User Submissions in the manner contemplated by the Website and these Terms of Use; and (ii) you have the written consent, release, and/or permission of each and every identifiable individual person in the User Submission to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of the User Submissions in the manner contemplated by the Website and these Terms of Use. For clarity, you shall retain all of your ownership rights in your User Submissions. However, by submitting the User Submissions to Sixgill, LLC, you hereby grant Sixgill, LLC a worldwide, non-exclusive, fully paid-up, royalty-free, irrevocable, perpetual, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, perform and otherwise exploit the User Submissions in connection with the Website and the Sixgill, LLC (and its successor’s) business, including without limitation for promoting and redistributing part or all of the Website (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each User of the Website a non-exclusive license to access your User Submissions through the Website, and to use, reproduce, distribute, prepare derivative works of, display and perform such User Submissions as permitted through the functionality of the Website and under these Terms of Use.

(c) In connection with User Submissions, you further agree that you will not: (i) submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant Sixgill, LLC all of the license rights granted herein; (ii) publish falsehoods or misrepresentations that could damage Sixgill, LLC or any third party; (iii) submit material that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate; (iv) post advertisements or solicitations of business: (v) impersonate another person. Sixgill, LLC does not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and Sixgill LLC expressly disclaims any and all liability in connection with User Submissions. Sixgill, LLC does not permit copyright infringing activities and infringement of intellectual property rights on the Website, and Sixgill, LLC will remove all Content and User Submissions if properly notified that such Content infringes on another’s intellectual property rights. Sixgill, LLC reserves the right to remove Content and User Submissions without prior notice. Sixgill, LLC will also terminate a User’s access to the Website, if they are determined to be a repeat infringer. A repeat infringer is a User who has been notified of infringing activity more than twice and/or has had Content or a User Submission removed from the Website more than twice. Sixgill also reserves the right to decide whether Content or a User Submission is appropriate and complies with these Terms of Use for violations other than copyright infringement and violations of intellectual property law, such as, but not limited to, pornography, obscene or defamatory material. Sixgill, LLC may remove such User Submissions and/or terminate a User’s access for uploading such material in violation of these Terms of Use at any time, without prior notice and at its sole discretion.

(d) In particular, if you are a copyright owner or an agent thereof and believe that any User Submission or other content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing our Designated Agent with the following information in writing (see 17 U.S.C. 512(c)(3) for further detail):

(i) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

(ii) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;

(iii) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;

(iv) Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;

(v) A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and

(vi) A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Sixgill Sense Agent to receive notifications of claimed infringement is:

Attn: Copyright
Sixgill, LLC

48 Market Street, 22409

San Francisco, CA 94104-5401

 

You acknowledge that if you fail to comply with all of the requirements of this Section 5(D), your DMCA notice may not be valid.

(e) You understand that when using the Website, you may be exposed to User Submissions from a variety of sources, and that Sixgill, LLC is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Submissions. You further understand and acknowledge that you may be exposed to User Submissions that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Sixgill, LLC with respect thereto, and agree to indemnify and hold Sixgill, its Owners/Operators, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the site.

(f) Sixgill, LLC permits you to link to your own User Submissions, if any, hosted on the Website or User Submissions of other third parties available on the Website, for personal, non-commercial purposes only. You understand that the User Submissions, whether or not linked or embedded into other websites, are provided to you only on an as-available basis, and Sixgill, LLC does not guarantee that their availability will be uninterrupted or bug free. Sixgill, LLC reserves the right to discontinue any aspect to the Website at any time, including discontinuing any linked or embedded Content either generally or in specific cases.

(g) Opt Out. Sixgill, LLC may use your information to notify you of important changes to the Website, services, and special offers. If you do not want to receive such notices, you may send mail to the following postal address to opt out of receiving future communications:

Sixgill, LLC

48 Market Street, 22409

San Francisco, CA 94104-5401

 

Opting out may prevent you from receiving email messages regarding updates, improvements, or special offers. If Sixgill, LLC has provided any third-party with your personal information, you will have to contact the third-party directly with any opt-out request.

  1. Cookies

Sixgill, LLC may set and access cookies on your computer. A cookie is a small data string our server writes to your hard drive. This data string contains your unique user ID for our Website. This technology also allows us to customize your experiences when you visit the Website. For example, we may be able to deliver content specific to your interests, keep track of your online ordering and alert you to new products.

Sixgill, LLC may let other companies that show advertisements on some of our pages set and access their cookies on your computer. Other companies’ use of their cookies is subject to their own privacy policies, not this one. Advertisers or other companies may have access to Sixgill’ cookies.

Sixgill, LLC collects non-personally identifiable information regarding your visit, usually in the form of cookies, log files, or clear .gif files. Cookies contain a session identification number that our systems use to recall previous authentication or order information from our servers. We may also collect your domain name, IP address, the address of the last URL you visited prior to coming to our Web site, and your browser and platform type. We may use our or a third-party navigation and localization services to target advertisements and content based on where you are located. We may use our or a third-party tracking services to help us analyze this information in the aggregate to evaluate the effectiveness of our site, services and products. In some cases, the information is collected directly by the third party and by others is forwarded by Sixgill to the third party.

A cookie cannot be used to access or otherwise compromise the data on your hard drive. Sixgill will use commercially reasonable efforts to protect your privacy. However, at any time you may choose to change your browser settings to disable cookies if you do not want us to establish and maintain a unique website user ID for you. Please be aware that cookies may be required to complete certain functions on this Web site, such as ordering online. Please consult the instructions provided by your browser provider to change your browser settings, remove cookies or to disable cookies.

  1. Map and Navigation Information

Any information provided to Users through the Website is intended for planning purposes only. Users may find that weather, construction projects, traffic conditions or other events may cause road or travel conditions to differ from the map and/or navigation results. The transit information contained in and/or provided by the Website includes information provided by third parties and is intended for planning purposes only. Sixgill, LLC makes no representations or warranties regarding the accuracy or completeness of the information.

  1. Warranty Disclaimer

YOU AGREE THAT YOUR USE OF THE WEBSITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, Sixgill, LLC ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. Sixgill,LLC MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SITE’S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE. Sixgill DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND Sixgill,LLC WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

  1. Limitation of Liability

Third Party Mapping Products, Data and Content. The Website may work in conjunction with or rely upon third party mapping products, data and content that are not owned or controlled by Sixgill in any way and which are used at Your own risk. Sixgill, LLC disclaims all liability that might arise from the use of such products, data or content. Sixgill, LLC does not verify the validity or accuracy of such products, data and content and Your right to use, copy or do anything with such products, data or content is solely at the discretion of the third-party provider of such products, data and content.

Utilization of Website under Dangerous Conditions. Your use of the Website and any derivative works therefrom under certain conditions, such as walking, driving or in other conditions where Your attention may be impaired, can lead to Your injury or death or to the injury or death of third parties and You accept all risk associated with such use. Sixgill, LLC disclaims all liability that might arise from Your use of the Website under any circumstances where doing so might put You, Your possessions, or third parties at risk or in any kind of danger. Dangerous Users. Sixgill, LLC does not control who can send You a message containing directions and/or a map to a location. Only follow directions or maps to a location that have been received from people You know and trust and do not follow directions or maps from strangers or anyone who might put You or your possessions in danger. Your use of the Website to travel to a location or to meet with a user can lead to Your loss of possessions, to Your injury or death, or to the injury or death of third parties and You accept all risk associated with such use. Sixgill, LLC disclaims all liability that might arise from Your use of the Website to travel to a location or to meet with another user under any circumstances where doing so might put You, Your possessions, or third parties at risk or in any kind of danger.

Dangerous Locations Sixgill, LLC does not provide information regarding the safety or acceptability of locations for which You have received directions or a map. Only follow directions or maps to locations You know and trust and do not follow directions or maps to locations with which you are unfamiliar or uncomfortable. Your use of the Website to travel to an unsafe location can lead to Your loss of possessions, to Your injury or death, or to the injury or death of third parties and You accept all risk associated with such use. Sixgill, LLC disclaims all liability that might arise from Your use of the Website to travel to a location under any circumstances where doing so might put You, Your possessions, or third parties at risk or in any kind of danger.

IN NO EVENT SHALL Sixgill, LLC, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ANY OF THE ABOVE LIMITATIONS OF LIABILITY, (II) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (III) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE WEBSITE, (IV) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (V) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE, (VI) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE BY ANY THIRD PARTY, AND/OR (VII) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. YOU SPECIFICALLY ACKNOWLEDGE THAT SIXGILL, LLC SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

THE TRANSIT INFORMATION CONTAINED IN AND/OR PROVIDED BY THE WEBSITE INCLUDES INFORMATION PROVIDED BY THIRD PARTIES AND IS INTENDED FOR PLANNING PURPOSES ONLY. Sixgill, LLC MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING THE ACCURACY OR COMPLETENESS OF THE INFORMATION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION AND EXCLUSION MAY NOT APPLY TO YOU.

The Website is controlled and offered by Sixgill, LLC from its facilities in the United States of America. Sixgill, LLC makes no representations that the Website is appropriate or available for use in other locations. Those who access or use the Website from other jurisdictions do so at their own volition and are responsible for compliance with local law.

  1. No Third-Party Beneficiaries

You agree that, except as otherwise expressly provided in this Terms of Use, there shall be no third-party beneficiaries to this agreement.

  1. Indemnity

You agree to defend, indemnify and hold harmless Sixgill, LLC, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to the Websites; (ii) your violation of any term of these Terms of Use; (iii) your violation of any third party right, including without limitation any copyright, property, patent, or privacy right; or (iv) any claim that one of your User Submissions caused damage to a third party. This defense and indemnification obligation will survive these Terms of Use and your use of the Website.

  1. Ability to Accept Terms of Use

By your use of the Website, you affirm that you are either are at least 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Use, and to abide by and comply with these Terms of Use. In any case, you affirm that you are over the age of 13, as the Website is not intended for children under 13. If you are under 13 years of age, then please do not use the Website. There are lots of other great websites for you. Talk to your parents about what websites are appropriate for you. Minors over the age of 13 must ask their parents or guardians for permission before using or visiting the Website or sending any personal information to anyone over the Internet.

  1. Assignment

These Terms of Use, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Sixgill, LLC without restriction.

  1. Government Restricted Rights

If you are an agency, department, or other entity of the United States Government (“Government”), the use, duplication, reproduction, release, modification, disclosure or transfer of the Website, or any related documentation of any kind, including technical data or related manuals, is restricted in accordance with Federal Acquisition Regulation 12.212 for civilian agencies and Defense Federal Acquisition Regulation Supplement 227.7202 for military agencies. This Website is a commercial website and the related documentation is commercial website documentation. The use of the website and related documentation is further restricted in accordance with the terms of this Terms of Use, or any modification hereto.

  1. General

These Terms of Use represents the complete agreement concerning the Websites between the parties and supersedes all prior agreements and representations between them. The Terms of Use may be amended only by a writing executed by both parties. If any provision of the Terms of Use is held to be illegal or unenforceable, that provision shall be limited or eliminated to the minimum extent necessary to make it legal and enforceable and the Terms of Use shall otherwise remain in full force and effect and enforceable. The failure of Sixgill, LLC to act with respect to a breach of the Terms of Use by User or others does not constitute a waiver and shall not limit Sixgill, LLC’s rights with respect to such breach or any subsequent breaches. The Terms of Use are personal to User and may not be assigned or transferred for any reason whatsoever without Sixgill, LLC’s prior written consent and any action or conduct in violation of the foregoing shall be void and without effect. Sixgill, LLC expressly reserves the right to assign the Terms of Use and to delegate any of its obligations hereunder. The Terms of Use shall be governed by and construed under California law (without regard to its conflicts of laws provisions) as such law applies to agreements between California residents entered into and to be performed within California. The sole and exclusive jurisdiction and venue for actions arising under these Terms of Use shall be the State and Federal courts in Santa Barbara County, California; User hereby agrees to service of process in accordance with the rules of such courts.

EACH PARTY RECOGNIZES AND AGREES THAT THE WARRANTY DISCLAIMERS AND LIABILITY AND REMEDY LIMITATIONS IN THESE TERMS OF USE ARE MATERIAL BARGAINED FOR BASES OF THE TERMS OF USE AND THAT THEY HAVE BEEN TAKEN INTO ACCOUNT AND REFLECTED IN DETERMINING THE CONSIDERATION TO BE GIVEN BY EACH PARTY UNDER THESE TERMS OF USE AND IN THE DECISION BY EACH PARTY TO ENTER INTO THESE TERMS OF USE.

Questions concerning these Terms of Use should be sent to the address set forth below. Any notices or correspondences will only be effective if sent to such address.

Terms of Use
Sixgill, LLC

48 Market Street, 22409

San Francisco, CA 94104-5401

 

Last Updated on August 2020