Protections & Privacy

Welcome

These Terms of Service apply to you and Sixclear LLC., a company with its principle place of business at 500 E. 4th St. #252 Austin, TX 78701 USA ("Sixclear"). Sixclear operates www.sixclear.com ("Sixclear Site"), LabVIEW video and other content delivery, and software products (collectively the "Products ∓ Services"). By using the Sixclear Site and any services accessible from the Sixclear Site, you are agreeing to be bound by the following terms and conditions ("Terms of Service"). If you do not agree to these Terms of Service or any part thereof, your only remedy is to not use the Sixclear Site or the Products & Services. VIOLATION OF ANY OF THE TERMS BELOW WILL RESULT IN THE TERMINATION OF YOUR RIGHT TO USE THE SIXCLEAR SITE, AND ANY ACCOUNT THAT YOU MAY HAVE CREATED AS PART OF THE SERVICE. YOU AGREE TO USE THE SIXCLEAR SITE AT YOUR OWN RISK.

Your Account

In order to open an "Account" on the Sixclear Site, you must (i) agree to these Terms of Service, (ii) provide a valid email address, and (iii) provide any other information required by Sixclear during the registration process. You will update this information to maintain its accuracy during the term of the Products & Services. You are responsible for maintaining the security of your account and password. Sixclear cannot and will not be liable for any loss or damage from your failure to comply with this security obligation. One person or legal entity may not maintain more than one free Account. Accounts registered by "bots" or other automated methods are not permitted.

License Grants & Restrictions

Sixclear hereby grants you a non-exclusive, non-transferable, worldwide right to access and use the Sixclear Site, solely with supported browsers through the Internet for your own internal purposes, subject to the Terms of Service. You may not permit the Sixclear Site to be used by or for the benefit of unauthorized third parties. Nothing in the Terms of Service shall be construed to grant you any right to transfer or assign rights to access or use the Sixclear Site. All rights not expressly granted to you are reserved by Sixclear and its licensors. You shall not (i) modify or make derivative works based upon the Sixclear Site; (ii) reverse engineer or access the Sixclear Site in order to (a) build a competitive product or service, (b) build a product using similar features, functions or graphics of the Sixclear Site, or (c) copy any features, functions or graphics of the Sixclear Site. You further acknowledge and agree that, as between the parties, Sixclear owns all right, title, and interest in and to the Sixclear Site, including all intellectual property rights therein.

Your Responsibilities

You are responsible for all activity occurring under your accounts and are solely responsible for compliance with all applicable local, state, national and foreign laws, treaties and regulations relating to your use of the Sixclear Site, including those related to the protection of intellectual property, data privacy, international communications and the transmission of technical or personal data. You shall: (i) notify Sixclear.com immediately of any unauthorized use of any password or account or any other known or suspected breach of security; and (ii) report to Sixclear.com immediately and use reasonable efforts to stop immediately any copying or distribution of Content that is known or suspected by you. You are responsible for obtaining and maintaining any equipment and ancillary services needed to connect to, access or otherwise use the Sixclear Site, including, without limitation, modems, hardware, server, software, Internet browsers operating system, networking, web servers, long distance and local telephone service, but excluding the Sixclear Site itself (collectively, "Equipment"). You shall be responsible for ensuring that such Equipment is compatible with the Sixclear Site. You shall also be responsible for the use, and maintaining the security, of the Equipment.

Impermissable Acts

• upload, post, email, transmit or otherwise make available any information, materials or other content that is illegal, harmful, threatening, abusive, harassing, defamatory, obscene, pornographic, offensive, invades another’s privacy, or promotes bigotry, racism, hatred or harm against any individual or group;
• impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity;
• phish, collect, upload, post, email, transmit or otherwise make available any login data and/or passwords for other web sites, software or services;
• phish, collect, upload, post, email, transmit or otherwise make available credit card information or other forms of financial data used for collecting payments;
• forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the Sixclear Site;
• upload, post, email, transmit or otherwise make available any information, materials or other content that infringes another’s rights, including any intellectual property rights;
• upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;
• upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
• use any manual or automated software, devices, or other processes to "crawl," "spider" or "screen scrape" any web pages contained in the Sixclear Site;
• reverse engineer, decompile or disassemble any of the software used to provide the Sixclear Site;
• reproduce, duplicate or copy or exploit any other portion of the Sixclear Site, without the express written permission of Sixclear;
• interfere with or disrupt the Sixclear Site, or any servers or networks connected to the Sixclear Site, or disobey any requirements, procedures, policies or regulations of networks connected to the Sixclear Site;
• obtain, collect, store or modify the personal information about other users;
• modify, adapt or hack the Sixclear Site or falsely imply that some other site is associated with the Sixclear Site or Sixclear; or
• use the Sixclear Site for any illegal or unauthorized purpose. You must not, in the use of the Sixclear Site, violate any laws in your jurisdiction (including but not limited to copyright laws).

Indemnification

Sixclear will indemnify all paying accounts against and hold them harmless from: (a) any claim by a third party that any part of the Sixclear Site or its use, manufacture, sale, distribution, or reproduction infringes or misappropriates any copyrights, trade secrets, patents or other intellectual property; (b) any claim by a third party that this Terms of Service is in conflict, violation or breach of or with any contract, assignment, license, sublicense, security interest, or other obligation to which Sixclear is a party or has knowledge; (c) any claim relating to any past, present or future use, licensing, sublicensing, distribution, marketing, disclosure or commercialization of any part of the Sixclear Site by Sixclear; and (d) any litigation, arbitration, judgments, awards, attorneys’ fees, liabilities, settlements, damages, losses and expenses relating to or arising from (a), (b) or (c) above.

Feedback

In the course of using the Sixclear Site, you may provide Sixclear with feedback, including but not limited to suggestions, observations, errors, problems, and defects regarding the Sixclear Site (collectively "Feedback"). You hereby grant Sixclear a worldwide, irrevocable, perpetual, royalty-free, transferable and sub-licensable, non-exclusive right to use, copy, modify, distribute, display, perform, create derivative works from and otherwise exploit all such Feedback.

Payments and Refunds

A valid credit card is required for making payments on the Sixclear Site. Payments may also be made by sending a check to Sixclear. A full refund may be redeemed within thirty (30) calendar days of purchase if customer finds that the product does not satisfactorily meet the description as found on sixclear.com.

Violation of Terms of Service

Sixclear reserves the right to investigate and prosecute violations of any of these Terms of Service to the fullest extent of the law. Sixclear may involve and cooperate with law enforcement authorities in prosecuting users who violate the Terms of Service. You acknowledge that Sixclear has no obligation to pre-screen or monitor your access to or use of the Sixclear Site or any information, materials or other content provided or made available through the Sixclear Site, but has the right to do so. You hereby agree that Sixclear may, in the exercise of Sixclear’s sole discretion, remove or delete any entries, information, materials or other content that violates these Terms of Service or that is otherwise objectionable.

Termination

Sixclear reserves the right to terminate any free Accounts that do not receive a form submission for 6 months or is not logged into for 6 months. Sixclear, in its sole discretion, has the right to suspend or terminate your Account if (1) you breach these Terms of Service or (2) your bandwidth usage significantly exceeds the average bandwidth of other users of the Products & Services. In each such case Sixclear may refuse to provide you any current or future use of the Sixclear Site, or any other Sixclear Products & Services. Any termination of your Account will result in the deactivation or deletion of your Account or your access to your Account, and the forfeiture and relinquishment of all Content in your Account. This information cannot be recovered from Sixclear once your account is terminated; however Sixclear may for a time retain residual information in our backup and/or archival copies of our database. Sixclear reserves the right to refuse service to anyone for any reason at any time.

Modifications to the Sixclear Site and Prices.

Sixclear reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Sixclear Site and Products & Services (or any part thereof) with or without notice. Prices of all Sixclear Sites, including but not limited to monthly subscription plan fees to the Sixclear Site, are subject to change upon 30 days notice from us. Such notice may be provided at any time by posting the changes to the Sixclear Site. Sixclear shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Sixclear Site. Sixclear reserves the right to update and change the Terms of Service from time to time without notice. Any new features that augment or enhance the current Sixclear Site, including the release of new tools and resources, shall be subject to the Terms of Service. Continued use of the Sixclear Site after any such changes shall constitute your consent to such changes. Disclaimer of Warranties THE SERVICES, AND ALL MATERIALS, INFORMATION, AND SERVICES INCLUDED IN THE SIXCLEAR SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITH NO WARRANTIES WHATSOEVER. SIXCLEAR AND ITS LICENSORS EXPRESSLY DISCLAIM TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. SIXCLEAR AND ITS LICENSORS DISCLAIM ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE SERVICES. SIXCLEAR DOES NOT WARRANT THAT (I) THE SERVICE WILL MEET YOUR SPECIFIC REQUIREMENTS, (II) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SIXCLEAR SITE WILL BE CORRECTED. SIXCLEAR AND ITS LICENSORS DISCLAIM, ANY WARRANTIES FOR ANY INFORMATION, CONTENT OR ADVICE OBTAINED THROUGH THE SERVICES. SIXCLEAR AND ITS LICENSORS DISCLAIM ANY WARRANTIES FOR SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE SIXCLEAR SERVICES OR RECEIVED THROUGH ANY LINKS PROVIDED BY THE SIXCLEAR SITE. YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE FORMS AND CONTENT ON THE SIXCLEAR SITE AND THE SERVICE IS AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR LOSS OF DATA THAT RESULTS FROM THE SUBMISSION OR DOWNLOAD OF SUCH CONTENT. Technical support is only provided to paying account holders and is only available via email. We will use commercially reasonable efforts to respond within a reasonable amount of time during regular business hours. SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE AND JURISDICTION TO JURISDICTION.

Limitation of Liability

UNDER NO CIRCUMSTANCES SHALL SIXCLEAR OR ITS LICENSORS BE LIABLE TO YOU ON ACCOUNT OF THAT USERrsquo;S USE OR MISUSE OF OR RELIANCE ON THE SERVICES OR SIXCLEAR SITE ARISING FROM ANY CLAIM RELATING TO THIS AGREEMENT OR THE SUBJECT MATTER HEREOF. SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, (EVEN IF SIXCLEAR OR ITS LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON THE SERVICES OR SIXCLEAR SITE, FROM INABILITY TO USE THE SERVICES OR SIXCLEAR SITE, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE SERVICES OR SIXCLEAR SITE (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES). THIS LIMITATION SHALL ALSO APPLY, WITHOUT LIMITATION, TO THE COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOST PROFITS, OR LOST DATA. SUCH LIMITATION SHALL FURTHER APPLY WITH RESPECT TO THE PERFORMANCE OR NON-PERFORMANCE OF THE SERVICES OR SIXCLEAR SITE OR ANY INFORMATION OR MERCHANDISE THAT APPEARS ON, OR IS LINKED OR RELATED IN ANY WAY TO, THE SIXCLEAR SERVICES. SUCH LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW. SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU. Without limiting the foregoing, under no circumstances shall Sixclear or its licensors be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in heat, light, or air conditioning.

General

These Terms of Service will be governed by and construed in accordance with the laws of the State of California, without giving effect to its conflict of laws provisions or your actual state or country of residence. If for any reason a court of competent jurisdiction finds any provision or portion of the Terms of Service to be unenforceable, the remainder of the Terms of Service will continue in full force and effect. These Terms of Service constitute the entire agreement between the parties with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter (including, but not limited to, any prior versions of the Terms of Service). Any waiver of any provision of the Terms of Service will be effective only if in writing and signed by an authorized representative of Sixclear.

Questions

Questions about the Terms of Service should be addressed to terms@sixclear.com or by snail mail at: Sixclear, LLC., 500 E. 4th St. #252 Austin, TX 78701 USA. Questions about billing should be addressed to billing@sixclear.com.

Your Data

We respect the privacy of our Account holders and their data stored with us. All user information contained on the Sixclear Site are governed by our Terms of Service. Although Sixclear owns the data storage, databases and the Sixclear Site, you retain all rights to your data. We will also not utilize your data in our databases to do evil or wrong.

What We Collect

We collect the e-mail addresses and certain personally identifiable information of those who communicate with us via e-mail or register with us to open an "Account". We also collect certain aggregate information regarding which pages users access or visit, and information volunteered by the users (such as any surveys Sixclear might conduct and/or site registrations). When you submit information, you are transferring such information into the United States and you here by consent to such transfer. Sixclear may also collect and analyze from visitors and users certain information regarding the use of the Sixclear Site and services available therein. Information collected may include but is not limited to web site traffic volume, frequency of visits, type and time of transactions, type of browser and operating system, etc.

Use of Information

We may use personal information to provide the Services you’ve requested, including services that display customized forms. We may also use personal information for auditing, research and analysis to operate and improve the Sixclear Site. We may use third parties to assist us in processing your personal information, and we require that such third parties comply with our Privacy Policy and any other appropriate confidentiality and security measures. We may use certain other information collected from you to help diagnose technical problems, administer the Sixclear Site, and improve the quality and types of services delivered. We may provide non-identifying and aggregate usage and volume statistical information derived from the actions of our visitors and Account holders to third parties in order to demonstrate the value we deliver to users. The information we collect is not shared with or sold to other organizations for commercial purposes, except to provide products or services you’ve requested, when we have your permission, or under the following circumstances:

• if it becomes necessary to share information in order to investigate, prevent, or take action regarding illegal activities, suspected fraud, situations involving potential threats to the physical safety of any person, violations of the Terms of Service, or as otherwise required by law; or
• if Sixclear or Sixclear is acquired by or merged with another company. In this event, Sixclear will notify you before information about you is transferred and becomes subject to a different privacy policy.

Storage

Our computer systems are currently based in the United States, so your personal data will be processed by us in the United States. As a visitor from outside the United States, by using the Site you agree to this privacy policy and you consent to the transfer of all such information to the United States and to the processing of that information as described in this privacy policy.

Cookies

A cookie is a small amount of data, which often includes an anonymous unique identifier, that is sent to your browser from a web site’s computers and stored on your computer’s hard drive. Cookies are required to use the Sixclear Site. We use cookies to assist in delivering the Service and to provide a positive and personalized user experience. Our persistent and session ID cookies are used to identify unique visitors to our sites and to provide you with easy access to your files. If you have your browser set to reject cookies, your usage of the Service and Sixclear Site is likely to be interrupted.

Security

Sixclear has implemented processes intended to protect user information and maintain security of data. Each Account holder is assigned a unique user name and password, which is required to access their Account. It is each user’s responsibility to protect the security of his or her login information. We have attempted to protect the Sixclear’s servers by locating them areas with security procedures, using of firewalls and implementing other generally available security technologies. These safeguards help prevent unauthorized access, maintain data accuracy, and ensure the appropriate use of data, but NO GUARANTY CAN BE MADE THAT YOUR INFORMATION AND DATA WILL BE SECURE FROM INTRUSIONS AND UNAUTHORIZED RELEASE TO THIRD PARTIES.

Children’s Online Privacy Protection Act Compliance

As a business service, Sixclear does not target its offerings toward, and does not knowingly collect any personal information from users under 13 years of age.

Access & Updating Personal Information

When you use the Sixclear Site, we make good faith efforts to provide you with access to your personal information and either to correct this data if it is inaccurate or to delete such data at your request if it is not otherwise required to be retained by law or for legitimate business purposes. You may update your Account information by logging into your Account. When requests come to Sixclear with regard to personal information, we ask individual users to identify themselves and the information requested to be accessed, corrected or removed before processing such requests, and we may decline to process requests that are unreasonably repetitive or systematic, require disproportionate technical effort, jeopardize the privacy of others, or would be extremely impractical (for instance, requests concerning information residing on backup tapes), or for which access is not otherwise required. In any case where we provide information access and correction, we perform this service free of charge, except if doing so would require a disproportionate effort.

Changes to this Policy

Sixclear may periodically update this policy. We will notify you about significant changes in the way we treat personal information by posting a prominent notice on the Sixclear Site and possibly sending a notice to the primary email address specified in your Account. We do not intend to reduce your rights under this Policy without your explicit consent, and we expect most such changes will be minor. Each version of this Policy will be identified at the bottom of the page by its effective date.

Questions

Any questions about this Privacy Policy should be addressed to privacy@sixclear.com or by snail mail at: Sixclear, LLC., 500 E. 4th St. #252 Austin, TX 78701 USA