Terms of Use

General Overview

This website (the “Site”) is operated by 6x6, LLC. (“6x6,” “we,” or “us”). These terms of use (“Terms of Use”) set forth the terms and conditions under which you are authorized to use our Site. To the extent rules or guidelines affecting your use of this Site are found on other pages of our Site, those rules and guidelines (including our Privacy Policy) are hereby incorporated by reference into these Terms of Use. By using our Site, you agree to these Terms of Use. If you do not agree to these Terms of Use, you should immediately cease all usage of our Site.

Description of Service

Our Site provides information about 6x6’s services. Our Site may contain text, photographs, videos, audio clips, or other content (collectively the “Content”). To the extent new Content, services, or features are added to our Site in the future, the use thereof is subject to these Terms of Use.

Additional Policies and Agreements

Our Privacy Policy describes the information we collect when you and others use our Site, as well as how we use the information, and some of the steps we take to protect your privacy. Our Privacy Policy is part of these Terms of Use. By agreeing to these Terms of Use, you are also consenting to our use of your personal information in accordance with our Privacy Policy.

Modifications and Interruption to the Site

We reserve the right to modify or discontinue all or any portion of our Site with or without notice to you. We will not be liable if we choose to exercise this right. You acknowledge and accept that we do not guarantee continuous, uninterrupted, or secure access to our Site, or that operation of our Site will be uninterrupted or error free. You understand that usage of our Site may be interfered with or adversely affected by numerous factors or circumstances outside of our control.

Third-Party Sites and Third-Party Content

Certain areas of the Site may be operated by third parties, and may be subject to the Terms of Use and/or Privacy Policies of those parties. Our Site may also include links to other sites that are owned by third parties. Your use of those third-party sites is subject to the terms of use and privacy policies of each site, and we encourage you to review the terms of use and privacy policies of third-parties’ sites. We make no representations or warranties as to the accuracy or reliability of any Content or features on our Site created or provided by third parties, or with regard to any product or service provided or offered by any third party on the Site and you acknowledge that any reliance on representations and warranties provided by any party other than 6x6 will be at your own risk. 6x6 is not responsible for any aspect of these third-party service providers, websites, or third party Content.

Disclaimer of Warranties and Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, 6X6, ITS RELATED ENTITIES, ITS SERVICE PROVIDERS, ITS LICENSORS, AND ITS OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS (COLLECTIVELY THE “6X6 PARTIES”) EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. YOUR USE OF OUR SITE IS AT YOUR SOLE RISK. OUR SITE AND ALL CONTENT AND SERVICES OFFERED THROUGH THE SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. THE 6X6 PARTIES ARE NOT RESPONSIBLE FOR ERRONEOUS DELETION OR FAILURE TO STORE ANY OF YOUR PERSONAL SETTINGS OR COMMUNICATIONS. UNDER NO CIRCUMSTANCES WILL ANY OF THE 6X6 PARTIES BE LIABLE TO YOU OR TO ANY PERSON OR ENTITY CLAIMING THROUGH YOU FOR ANY LOSS, INJURY, LIABILITY, DAMAGE, OR DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR ACCESS TO, USE OF, INABILITY TO USE, OR RELIANCE ON OUR SITE. THIS LIMITATION OF LIABILITY APPLIES WHETHER THE LIABILITY IS BASED ON CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY, OR ANY OTHER BASIS; EVEN IF ANY 6X6 PARTY HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. IF ANY PART OF THIS LIMITATION OF LIABILITY IS FOUND TO BE INVALID, ILLEGAL, OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF THE 6X6 PARTIES UNDER SUCH CIRCUMSTANCES TO YOU OR ANY PERSON OR ENTITY CLAIMING THROUGH YOU FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED WILL NOT EXCEED ONE HUNDRED U.S. DOLLARS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES. ACCORDINGLY, SOME OF THE ABOVE DISCLAIMERS OF WARRANTIES AND LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU.

Indemnification

You agree to indemnify and hold 6x6 harmless from any claim or demand, including reasonable attorney’s fees and costs, made by any third party due to your use of the Site in a manner not permitted by 6x6, including without limitation your actual or alleged violation of these Terms of Use.

User-Submitted Content and User Conduct

Any content, whether uploaded, posted, submitted, or otherwise made available on our Site or to 6x6, including without limitation social media posts displayed on our Site or referencing any of our social media sites, or any other content which does not originate with a 6x6 Party (“User Content”), is the sole responsibility of the person who made such User Content available. Under no circumstances will any 6x6 Party be liable in any way for any User Content. We may not review all User Content on our Site, and do not warrant the truthfulness, integrity, or quality of User Content.

You agree that you will not use our Site to transmit or make available any Content that:

• violates any laws, contains threats, is abusive, harassing, vulgar, indecent, is defamatory, libelous, hateful, contains any disparaging statements or opinions, or is otherwise tortious or objectionable;

• infringes any intellectual property rights or other rights of any party;

• violates any person’s rights of privacy or publicity;

• you know or have reason to know is false, misleading, or fraudulent;

• you do not have a right to make available;

• employs any techniques to disguise the origin of the Content submitted;

• contains any unsolicited or unauthorized advertising or promotional materials;

• incorporates any software viruses or any other computer code, files, or programs whose purpose or function is to interrupt, destroy, or otherwise impair the operability of any software or hardware or telecommunications equipment;

• contains links to any websites containing content violating any of the foregoing requirements, or links to any websites for purposes of disrupting the operations of such website, harassing the owners of such website, or other objectionable or illegal purposes.

You further agree not to use our Site to:

• engage in any conduct which might be harmful to any individual;

• impersonate or misrepresent your affiliation with any person or entity;

• engage in or transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or international law or regulation.

In addition, you are prohibited from interfering with, creating an excessive burden on, or otherwise disrupting our Site, servers, or networks connected thereto. We reserve the right (but have no obligation) in our sole discretion to pre-screen, edit, refuse, move, or remove any User Content that is posted on our Site or prohibit your access to our Site in the event of a violation of these Terms of Use.

Ownership of User Content

If any User Content is your original work, then you own the copyright in that work. We do not claim any copyrights in original works created and/or posted by individual visitors to our Site. However, by uploading, posting, transmitting, or otherwise making any User Content available on or through a Site or social media, you are granting 6x6, and our related entities, an irrevocable, nonexclusive, royalty-free license to copy, modify, publish, distribute publicly, and prepare derivative works of such User Content in any medium or format without any obligation of notice, attribution, or compensation to you.

User Feedback

All communications, feedback, questions, comments, suggestions, proposed products, and the like (collectively “Feedback”) will be considered non-confidential and non-proprietary with regard to you, but we reserve the right to treat any such Feedback as the confidential information of 6x6. By submitting Feedback to us, you assign to 6x6, free of charge, a perpetual, irrevocable, worldwide license to create derivative works, distribute, reproduce, perform, display, and otherwise use, any intellectual property rights or proprietary information and ideas contained within such Feedback, including without limitation the right to sublicense or assign the foregoing. We will be entitled to use any Feedback you submit to us, and any ideas, concepts, know-how, or techniques in any such Feedback, for any purpose whatsoever, without restriction and without notifying or compensating you in any way.

Disclaimer Regarding Third-Party Content and Services

Some of the Content, services, and features on our Site may be provided by or obtained from third parties. We make no representations or warranties as to the accuracy or reliability of any content or features on our Site created or provided by third parties. You expressly agree to hold the 6x6 Parties harmless for any claims of damage arising from any Content, product, or service provided by any third party.

Copyright and Trademark Information

All Content available on our Site, including without limitation Site design, text, graphics, interfaces, and the selection and arrangements thereof, are owned by 6x6, with all rights reserved, or in some cases may be licensed to 6x6 by third parties. This Content is protected by the intellectual property rights of 6x6 or those owners. All trademarks displayed on the Site are the trademarks of their respective owners, and constitute neither an endorsement nor a recommendation of such parties. In addition, such use of trademarks or links to the web sites of third parties is not intended to imply, directly or indirectly, that those third parties endorse or have any affiliation with 6x6.

Notification of Claimed Copyright Infringement

In the event that you find Content posted on our Site which you believe is an infringement of the copyright ownership or other intellectual property rights of you or any third party, please immediately contact us as described below. To report any alleged infringement, you may contact us by email by providing a signed statement containing the following information:

• your name, address, telephone number, and e-mail address, and if you are acting on behalf of the owner of the intellectual property, the name of the owner;

• a statement, made under penalty of perjury, that you are the owner of the copyright or are authorized to act on behalf of the owner;

• a detailed description of the copyrighted work or other intellectual property that you claim has been infringed;

• if your claim is based on a registered work, the registration number, and the date of issuance of the registration;

• a description of the infringing material and the URL where such material is located on the Site, or a description of where on our Site you found such material;

• your written statement that you believe, in good faith, that the use of the work on our Site has not been authorized by the true owner of the work, its agent, or as a matter of law; and

• a statement under penalty of perjury that all of the information you have provided is true.

Please send your notice of alleged infringement via email to carol@6x6.work.

In accordance with the Digital Millennium Copyright Act (“DMCA”), it is the policy of 6x6 to terminate use of our Site by repeat infringers in appropriate circumstances.

Arbitration

Any dispute arising out of or relating in any way to your use of our Site shall be submitted to confidential, binding arbitration in Denver, Colorado, pursuant to the American Arbitration Association’s Commercial Arbitration Rules. The arbitrator’s award shall be final and binding and may be entered as a judgment in any court of competent jurisdiction. No arbitration under these Terms of Use may be joined with another arbitration related to the subject matter hereof, and we each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. Notwithstanding the foregoing arbitration requirement, with regard to any actual or potential violation of our intellectual property rights, we may seek injunctive or other appropriate relief in the courts of Denver, Colorado, and you hereby consent to the exclusive jurisdiction of such courts and waive all objections thereto for such violations and any matters not otherwise subject to arbitration as described above. If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial.

Governing Laws

The laws of the state of Colorado and the United States govern these Terms of Use and any claims arising out of or relating to use of the Site, without giving effect to any choice of law rules. We make no representation that our Site is appropriate, legal, or available for use outside of the United States. You assume all knowledge of applicable law and you are responsible for compliance with any such laws. You may not use the Site in any way that violates applicable laws.

Changes to These Terms

We reserve the right, at any time, to modify, alter, or update these Terms of Use without prior notice. You are encouraged to check this page regularly for changes to the Terms of Use. Modifications will become effective immediately upon being posted to our Site, without further notice to you. Your continued use of our Site after such modifications are posted constitutes an acknowledgement and acceptance of such modifications, and you may not amend these Terms of Use.

Other Terms

If any provision of these Terms of Use is determined by a court of law to be unlawful, void or unenforceable for any reason, the other provisions shall not be affected thereby and shall remain valid and enforceable to the maximum possible extent, and the invalid provision will be modified as necessary to make it valid and enforceable while as closely as possible reflecting the original intentions of 6x6. You agree that these Terms of Use and any other agreements referenced herein may be assigned by 6x6, in our sole discretion, to a third party in the event of a merger or acquisition or otherwise. Any failure by 6x6 to exercise its rights under these Terms of Use or to enforce the terms hereof will not constitute a waiver of those rights. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Site or relating to these Terms of Use must be filed within one (1) year after such claim or cause of action arose or be forever barred.

Contact Us

If you have any questions about these Terms of Use, please feel free to contact us by email at carol@6x6.work.

Effective Date of this Terms of Use: November 1, 2020

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