Terms of Use

Terms of Use covers both the use of this site and the use of the 6th Sense Analytics™ Service. This site is provided by 6th Sense Analytics, Inc. (referred to throughout this Agreement as "6SA") as a service to our customers. Please review the following basic rules that govern your use of the 6SA site (the "Agreement"). Please note that your use of the 6SA site (the "Site") constitutes your unconditional agreement to follow and be bound by these Terms of Use. Although you may "bookmark" a particular portion of this Site and thereby bypass this Agreement, your use of this Site still binds you to these Terms of Use. 6SA reserves the right to update or modify these Terms of Use at any time without prior notice to you. Your use of the Site following any such change constitutes your unconditional agreement to follow and be bound by these Terms of Use as changed. For this reason, we encourage you to review these Terms of Use whenever you use this site.

Trademarks

The trademarks, logos and service marks ("Marks") displayed on this website are the property of 6SA or other third parties. You are not permitted to use these Marks without the prior written consent of 6SA or such third party which may own the Mark

Copyrights

6SA either owns the intellectual property rights in the HTML, text, images audio, video, services, downloads, or other content that is made available on this website, or has obtained the permission of the owner of the intellectual property. 6SA strictly prohibits the redistribution or copying of any part of this website or content on this website without written permission from 6SA. 6SA authorizes you to display on your computer, download, and print pages from this website provided the copyright notice appears on all such printouts and the information will not be altered and the content is used only for educational and non-aggregated personal and commercial use and you will not redistribute or copy to any other media.

Software Use

Any files or desktop images ("Downloads") that are made available to you to download from this website is the copyrighted work of 6SA and/or third parties. Your use of the Download is governed by the Terms of Service located at www.6thsenseanalytics.com. You will not use any Downloads unless you first agree to the Terms of Service.

Submission of Ideas

6SA or any of its employees do not accept or consider unsolicited ideas, including ideas for new advertising campaigns, new promotions, new products or technologies, processes, materials, marketing plans, or new product names. Please do not send any original creative artwork, samples, demos, or other works. The sole purpose of this policy is to avoid potential misunderstandings or disputes when 6SA products or marketing strategies might seem similar to ideas submitted to 6SA. Please do not send your unsolicited ideas to 6SA or anyone at 6SA. If despite our request that you not send us your ideas and materials, you still send them, please understand 6SA makes no assurances that your ideas and materials will be treated as confidential or proprietary.

Linking

This website may contain links to other websites and resources. Links are provided for convenience only. 6SA has not reviewed the linked websites and is not responsible for the content or availability of any linked websites. The inclusion of any link to a website does not imply endorsement by 6SA of the website or their entities, products, or services.

Rules of Conduct

Your use of this website is subject to all applicable local, state, national and international laws and regulations, and you agree not to violate such laws and regulations. Any attempt by any person to deliberately damage this website is a violation of criminal and civil laws. 6SA reserves the right to seek damages from any such person to the fullest extent permitted by law. In addition, you agree not to post or transmit through this website any material or content that violates or infringes in any way the rights of others or solicits, encourages or promotes the use of illegal substances or activities, which is unlawful, threatening, abusive, harassing, defamatory, libelous, derogatory, invasive of privacy or publicity rights, vulgar, obscene, bigoted or hateful, profane, scandalous, pornographic, indecent or otherwise objectionable, gives rise to civil or criminal liability or otherwise violates any local, state or federal law. You may not engage in any activity on this website that restricts or inhibits any other user from using or enjoying this website by "hacking," "cracking," "spoofing," or defacing any portions of this website. You may not post or transmit through this website advertising or commercial solicitations; promotional materials relating to website or online services which are competitive with 6SA and/or this website; software or other materials that contain viruses, worms, time bombs, Trojan horses, or other harmful or disruptive component, political campaign materials; chain letters; mass mailings, spam mail, any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, "data mine," or in any way reproduce or circumvent the navigational structure or presentation of this website or its contents. You may not harvest or collect information about website visitors without their express written consent.

User Name

If you are a 6SA subscriber for either the free or paid services, you must select a user name and password and you must agree (i) to provide 6SA with accurate, complete and up-to-date information; (ii) to update your information to keep it accurate, current, and complete; (iii) to comply with these Terms of Use; and (iv) to comply with the Terms of Service. Failure to provide accurate information constitutes a breach of this agreement, which may result in immediate termination of your right to access this website. You may not select a user name that impersonates someone else, is or may be illegal, or may be protected by trademark or other proprietary rights, is vulgar or offensive, or may cause confusion. 6SA reserves the right to reject any users name in our sole discretion. You agree not to sell or transfer your use of or access to this website or permit anyone else whose account was suspended or terminated to use this website through your user name or password. You are responsible for maintaining the confidentiality of your password and account and for all activity that occurs on your account. You agree to immediately notify 6SA of any unauthorized use of your account or any other breach of security. 6SA will not be liable for any loss you incur as a result of someone else using your password and account with or without your permission.

Monitoring

6SA has the right, but not the obligation, to monitor the content of this website, to determine compliance with these Terms of Use and any other operating rules established by 6SA. 6SA has the right in our sole discretion to edit, refuse to post or remove any material submitted to or posted on this website that we find to be in violation of these Terms of Use or is otherwise objectionable. You are solely responsible for any information you post, transmit or otherwise make available on this website. You acknowledge and agree that 6SA does not have any liability for any action or inaction with respect to any conduct, communication or posting on this website.

Global Availability

6SA controls this site from its Morrisville, North Carolina, USA offices. If you use this website from other locations you are responsible for compliance with applicable local laws. 6SA makes no representation that the products and services referenced herein are appropriate, or available, worldwide and in fact may not be available worldwide.

Export Control

By using this website, you represent and warrant that you are not located in, under the control of, or a national or resident of any country to which the United States has embargoed goods. You agree you will not export or re-export any goods or products unless you have complied with all applicable U.S. and foreign government export controls and approvals. 6SA makes no claim that content contained on this website is appropriate or may be downloaded outside the United States. If you access this website from outside the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.

Indemnification

Any person or corporation submitting content to this website agrees to defend, indemnify and hold harmless 6SA and its affiliates from and against any and all claims, damages, costs and expenses, including attorneys' fees, arising from or related to your use of the Site.

Disclaimer

THIS WEBSITE AND ALL CONTENT, MATERIALS, INFORMATION, DOWNLOADS, PRODUCTS AND SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. YOUR USE OF THIS WEBSITE IS AT YOUR OWN RISK. 6SA MAKES NO WARRANTIES OR REPRESENTATIONS, EXPRESS OR IMPLIED, AS TO THE FUNCTIONALITY OR USEFULNESS OF THIS WEBSITE. 6SA DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. 6SA DISCLAIMS LIABILITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES, OR LOST PROFITS, THAT MAY RESULT, DIRECTLY OR INDIRECTLY, FROM YOUR USE OF THIS WEBSITE, INCLUDING WITHOUT LIMITATION ANY DAMAGE TO COMPUTER SYSTEMS, HARDWARE OR SOFTWARE, LOSS OF DATA, OR ANY OTHER PERFORMANCE FAILURES, OR ANY ERRORS, BUGS, VIRUSES OR OTHER DEFECTS THAT RESULT FROM OR ARE ASSOCIATED WITH USE OF THIS WEBSITE. 6SA MAKES NO WARRANTY THAT, (I) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (II) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (III) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIALS PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, (IV) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED, OR THAT THIS WEBSITE, ITS CONTENT, AND THE SERVER ON WHICH THE WEBSITE AND CONTENT ARE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY MATERIAL DOWNLOADED OR OBTAINED THROUGH THE USE OF THIS WEBSITE IS DONE AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY MATERIAL. INFORMATION CREATED BY THIRD PARTIES THAT YOU MAY ACCESS ON THIS WEBSITE OR THROUGH LINKS IS NOT ADOPTED OR ENDORSED BY 6SA AND REMAINS THE RESPONSIBILITY OF THE THIRD PARTY.

Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, 6SA IS NOT LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF BUSINESS, REVENUE, PROFITS, GOODWILL, USE, DATA, ELECTRONICALLY TRANSMITTED ORDERS, OR OTHER ECONOMIC ADVANTAGE) ARISING OUT OF OR IN CONNECTION WITH THE WEBSITE, EVEN IF 6SA HAS PREVIOUSLY BEEN ADVISED OF, OR REASONABLY COULD HAVE FORESEEN, THE POSSIBILITY OF SUCH DAMAGES, HOWEVER THEY ARISE, WHETHER IN BREACH OF CONTRACT OR IN TORT (INCLUDING NEGLIGENCE), INCLUDING WITHOUT LIMITATION DAMAGES DUE TO (a) THE USE OF OR THE INABILITY TO USE THE WEBSITE; (b) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO, THROUGH OR FROM THE WEBSITE; ( c) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE WEBSITE, INCLUDING WITHOUT LIMITATION UNAUTHORIZED ACCESS TO OR ALTERATION OF TRANSMISSIONS OR DATA, MALICIOUS OR CRIMINAL BEHAVIOR, OR FALSE OR FRAUDULENT TRANSACTIONS, OR (d) CONTENT OR INFORMATION YOU MAY DOWNLOAD, USE, MODIFY OR DISTRIBUTE. TO THE EXTENT ANY JURISDICTION DOES NOT ALLOW THE EXCLUSION OR LIMITATION OF DIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, PORTIONS OF THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY.

Privacy and Security

See the 6SA Privacy and Security Policy located at http://www.6thsenseanalytics.com/company/privacy.

Jurisdiction

This agreement and all claims relating to the relationship between the parties are governed by the Federal laws and the laws of the State of North Carolina, U.S.A. without regard to choice of law provisions. If one or more of the provisions contained in this Agreement is held invalid, illegal or unenforceable in any respect by any court of competent jurisdiction, such holding will not impair the validity, legality, or enforceability of the remaining provisions.

DMCA Notice

Procedure for Making and Responding to Claims of Copyright Infringement It is the policy of 6SA to respond to claims of copyright infringement. We will promptly process and investigate notices of alleged infringement by third parties and will take appropriate actions under the Digital Millennium Copyright Act, Title 17, United States Code, Section 512(c)(2) ("DMCA"), where applicable. Pursuant to the DMCA, notifications of claimed copyright infringement by third parties should be sent to 6SA' Designated Agent. If you believe that your copyrighted work has been infringed under U.S. copyright law and is accessible on this web site, please notify us by contacting our Designated Agent. Even if you believe that the alleged infringing work was not posted by a third party, please send all notifications of claimed copyright infringement to 6SA's Designated Agent listed below. To be effective under the DMCA, notification of claims of copyright infringement by third parties must be a written communication to 6SA. Designated Agent that includes the following:

  1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  2. 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;
  3. 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 6SA to locate the material;
  4. Information reasonably sufficient to permit 6SA to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
  5. A statement that the complaining party has 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
  6. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

6SA's Designated Agent for notice of claims of copyright infringement can be reached as follows:

By mail: Kathy Priest Priest & Goldstein, PLLC 5015 Southpark Drive, Suite 230 Durham, NC 27713

By e-mail: kpriest@usiplawgroup.com

This contact information is only for reporting claims of copyright infringement. Contact information for other matters is provided elsewhere on this site. Upon receipt of a valid notification of alleged copyright infringement by a third party, 6SA shall remove or disable access to the material identified in the notice, forward the written notification to the alleged infringer, and take reasonable efforts to notify the alleged infringer that it has removed or disabled access to this material. You should be aware that, under the DMCA, claimants who make misrepresentations concerning copyright infringement may be liable for shall be liable for any damages, including costs and attorneys' fees, incurred by the alleged infringer or by 6SA, if injured by relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing. If a notice of copyright infringement has been filed against you, you may file a counter notification with the Designated Agent at the address listed above. To be effective, a counter notification must be a written communication provided to the 6SA' Designated Agent that includes the following:

  1. A physical or electronic signature;
  2. Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
  3. A statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; and
  4. Your name, address, and telephone number, and a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which the address is located and that you will accept service of process from the complainant who provided the original notification or an agent of such person or entity.

If 6SA receives a valid counter notification, it shall provide the complainant with a copy of the counter notification, inform the complainant that it will replace the removed material or cease disabling access to it in 10 to 14 days from receipt of the counter notification, and replace the removed material or cease disabling access to it in 10 to 14 business days, provided that 6th Sense Analytics, Inc. has not received notice from the complainant that an action has been filed seeking a court order to restrain the alleged infringer from engaging in infringing activity relating to the material on 6SA's system. You should be aware that the DMCA provides substantial penalties for a false counter notice filed in response to a notice of copyright infringement. Claimants who make misrepresentations in their the counter notification statement may be liable for shall be liable for any damages, including costs and attorneys' fees, incurred by any copyright owner or copyright owner's authorized licensee, or by 6SA, if injured by relying upon such misrepresentation in replacing the removed material or ceasing to disable access to it. Should you have questions regarding our company, products, or terms of use, please contact us at info@6thsenseanalytics.com.