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Terms  

 

IMPORTANT. Read the following before accessing this website:

Effective Date: The Terms of Use are dated as of Janury 1, 2023 as may be amended from time to time (the “Terms of Use”).

By using this website you are agreeing to be bound by the terms and conditions provided for herein (the “Agreement”). The Terms of Use sets forth the standards of use for the website www.SixberrySolutions.com. By using the Sixberry Solutions website, you (the “User”) agree to these terms and conditions. If you do not agree with the terms and conditions, you should immediately exit this website. We reserve the right, at any time, to modify, alter, or update the Terms of Use without prior notice. Modifications shall become effective immediately upon being posted to the website. Your continued use of this website and contents herein after any such amendments constitutes an acknowledgement and acceptance of such modifications. Except as may be modified or amended by Sixberry Solutions, the Terms and Use may not be otherwise modified or amended.

  1. Disclaimer of Warranties
    The website is provided by Sixberry Solutions “as is” and on an “as available” basis. To the fullest extent permitted by applicable law, Sixberry Solutions makes no representations or warranties of any kind, express or implied, regarding the use or the results of this website in terms of its correctness, accuracy, reliability, or otherwise. Sixberry Solutions shall have no liability for any interruptions in the use of this website. Sixberry Solutions disclaims all warranties with regard to the information provided, including the implied warranties of merchantability and fitness for a particular purpose, and non-infringement.

  1. Limitation of Liability
    SIXBERRY SOLUTIONS SHALL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER, AND IN PARTICULAR SIXBERRY SOLUTIONS, SHALL NOT BE LIABLE FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOSS OF REVENUE, OR LOSS OF USE, ARISING OUT OF OR RELATED TO THIS WEBSITE OR THE INFORMATION CONTAINED IN IT, WHETHER SUCH DAMAGES ARISE IN CONTRACT, NEGLIGENCE, TORT, UNDER STATUTE, IN EQUITY, AT LAW, OR OTHERWISE, EVEN IF BELAY, INC. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, THEREFORE SOME OF THE ABOVE LIMITATIONS ARE INAPPLICABLE.

  1. Indemnification
    User agree to indemnify and hold Sixberry Solutions, its parents, subsidiaries, affiliates, officers, and employees harmless from any claim or demand, including reasonable attorneys’ fees and costs, made by any third party due to, or arising out of, User’s use of this website, the violation of this Agreement, Terms of Use or infringement by User or any third party of any intellectual property or any service provided by Sixberry Solutions by way of User’s computer.

  1. Modifications and Interruption of Service
    Sixberry Solutions reserves the right to modify or discontinue access to this website with or without notice to the User. Sixberry Solutions shall not be liable to User, or any third party, should Sixberry Solutions exercise its right to modify or discontinue the Terms of Use or access to this website. User acknowledges and accepts that Sixberry Solutions does not guarantee continuous, uninterrupted, or secure access to our website, and that operation of our website may be interfered with or adversely affected by numerous factors or circumstances outside of our control.

  1. Third Party Sites
    Sixberry Solutions website may include links to other websites on the internet that are owned and operated by online merchants and other third parties which Sixberry Solutions does not control. User acknowledges that Sixberry Solutions is not responsible for the availability of, or the content located on or through, any third party site. The User should contact the site administrator or webmaster for those third party sites with any concerns regarding such links or the content located on such websites. The User’s use any third party websites is subject to the terms of use and privacy policies of each website Sixberry Solutions encourages all Users to review said privacy policies of third party sites.

  1. Disclaimer Regarding Accuracy of Vendor Information
    Product specifications and other information have either been provided by the vendors or collected from publicly available sources. While Sixberry Solutions makes every effort to ensure that the information on this website is accurate, we make no representations or warranties as to the accuracy or reliability of any information provided on this website. Sixberry Solutions makes no warranties or representations whatsoever with regard to any product provided or offered by any vendor, and User acknowledges that use of any product provided or offered by any vendor shall be at his or her own risk.

  1. Governing Jurisdiction of the Courts of Maine
    The Terms of Use and Agreement are governed and interpreted under the laws of the state of Maine, without giving effect to any choice of law rules. Sixberry Solutions makes no representation that the website or other services comply with laws of other jurisdictions, except the laws of the State of Maine. Accordingly, any User who chooses to access our website agrees to do so subject to the internal laws of the State of Maine. Any enforcement of any provision of these Terms of Use shall be brought exclusively in the courts of Somerset County, Maine. Each User (1) submits to the personal and subject matter jurisdiction and venue of such court, (2) waives the defense of an inconvenient forum, and (3) irrevocably waives all right to trial by jury as to any issue relating hereto in any action, proceeding, or counterclaim arising out of or relating to this agreement or any other matter involving the parties hereto.

  1. Dispute Resolution
    Any dispute arising out of the contents of this website shall be resolved by arbitration in the State of Maine, pursuant to the commercial arbitration rules then in effect of the American Arbitration Association (or at any time or at any other place or under any other form of arbitration mutually acceptable to the parties so involved). Any award rendered shall be final and conclusive upon the parties and a judgment thereon may be entered in the highest court of the forum, state or federal, having jurisdiction. Each party shall pay for and bear the cost of its own experts, evidence and counsel’s fees, except that in the discretion of the arbitrator, any award may include the cost of a party’s counsel if the arbitrator expressly determines that the party against whom such award is entered has caused the dispute, controversy or claim to be submitted to arbitration as a dilatory tactic. The foregoing obligation to resolve all disputes through arbitration shall be in lieu of any right to file or prosecute a lawsuit, complaint, or charge based on or relating to any claims under this Agreement (whether as a named plaintiff or class member), which rights are hereby waived.

  1. Compliance with Laws
    User assumes all knowledge of applicable laws and is responsible for compliance with any such laws. User may not use the website or any service provided for through this website in any way that violates applicable state, federal, or international laws, regulations, or other government requirements. User further agrees not to 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.

  1. Copyright and Trademark Information
    All content included or available on this site, including site design, text, graphics, interfaces, and the selection and arrangements thereof is Copyright by Sixberry Solutions, all rights reserved, or is the property of Sixberry Solutions and/or third parties protected by intellectual property rights. Any use of materials on the website, including reproduction for purposes other than those noted above, modification, distribution, replication, any form of data extraction or data mining, or other commercial exploitation of any kind, without prior written permission of an authorized officer of Sixberry Solutions is strictly prohibited. Users agree that they will not use any robot, spider, other automatic device, or manual process to monitor or copy our web pages or the content contained therein without prior written permission of Sixberry Solutions. Sixberry Solutions’s logo is a proprietary trademark of Sixberry Solutions. Sixberry Solutions’s trademarks may not be used in connection with any product or service that is not provided by Sixberry Solutions in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Sixberry Solutions. All other trademarks displayed on Sixberry Solutions’s website are the trademarks of their respective owners, and constitute neither an endorsement nor a recommendation of those Vendors. In addition, such use of trademarks or links to the websites of Vendors is not intended to imply, directly or indirectly, that those Vendors endorse or have any affiliation with Sixberry Solutions.

  1. Other Terms
    If any provision of the Terms of Use shall be unlawful, void, or unenforceable for any reason, the other provisions (and any partially-enforceable provision) shall not be affected thereby, and shall remain valid and enforceable to the maximum possible extent. User agrees that the Terms of Use, and any other agreements referenced herein, may be assigned by Sixberry Solutions, in our sole discretion, to a third party in the event of a merger or acquisition. The Terms of Use shall apply in addition to, and shall not be superseded by, any other written agreement in relation to participation as a User. User agrees that by accepting the Terms of Use, User is consenting to the use and disclosure of their personally identifiable information and other practices described in our Privacy Policy Statement.

 

Privacy  

 

Thanks for using this website and the services of Sixberry Solutions. As set forth herein is how we collect, use and handle your information when you use our websites, software, and services (“Services”).

What & Why

We collect and use the following information to provide, improve and protect our Services:

Account. We collect, and associate with your account, information like your name, email address, phone number, payment info, and physical address. Some of our Services let you access your accounts and your information with other service providers.

Services. When you use our Services, we store, process, and transmit your stuff (including structured data and emails) and information related to such information.

Usage. We collect information from and about the devices you use to access the Services. This includes things like IP addresses, the type of browser and device you use, the web page you visited before coming to our sites, and identifiers associated with your devices. Your devices (depending on their settings) may also transmit location information to the Services.

Cookies and other technologies. We use technologies like cookies and pixel tags to provide, improve, protect and promote our Services. For example, cookies help us with things like remembering your username for your next visit, understanding how you are interacting with our Services, and improving them based on that information. You can set your browser to not accept cookies, but this may limit your ability to use the Services.

With whom

We may share information as discussed below, but we won’t sell it to advertisers or other third parties.

Trusted third parties: we share your information with certain trusted third parties (for example providers of customer support and IT services) to help us provide, improve, protect and promote our Services. These third parties will access your information only to perform tasks on our behalf in compliance with this Privacy Policy, and we’ll remain responsible for their handling of your information in accordance with our instructions.

Other users. Our Services display information like your name and email address to other users in places like your user profile and sharing notifications. Certain features let you make additional information available to other users.

Other applications. You can also give third parties access to your information and account – for example, vendors or third-party contractors providing our services. Just remember that their use of your information will be governed by their privacy policies and terms.

Required by law. We may disclose your information to third parties if we determine that such disclosure is reasonably necessary to (a) comply with the law; (b) protect any person from death or serious bodily injury; (c) prevent fraud or abuse of our other users; or (d) protect our intellectual property rights.

Protecting your data is critical to us and is a responsibility that we embrace. We believe that our users’ data should receive the same legal protection regardless of whether it’s stored on our Services or on their home computer’s hard drive. We abide by the following: transparency, contest blanket requests, and protect all user information.

How

Security. We have a team dedicated to keeping your information secure and testing for vulnerabilities. We also continue to work on features to keep your information safe and secure.

Retention. We’ll retain information you store on our Services for as long as we need to do so to provide you with the Services. If you delete your account, we’ll also delete this information. But please note: (1) there might be some latency in deleting this information from our servers and backup storage; and (2) we may retain this information if necessary to comply with our legal obligations, resolve disputes or enforce our agreements.

Where

To provide you with the Services, we may store, process, and transmit information in the United States and locations around the world. Information may also be stored locally on the devices you use to access the Services.

We ask that you submit any complaints directly to us at Info@SixberrySolutions.com. If you aren’t satisfied with our response, you may be entitled to binding arbitration under our Terms of Use.

Changes

If we are involved in a re-organization, merger, acquisition, or sale of our assets, your information may be transferred as part of that deal. We will notify you (for example, via a message to the email address associated with your account) of any such change and outline your choices in that event.

We may revise this Privacy Policy from time to time and will post the most current version on our website. If a revision meaningfully reduces your rights, we will notify you.

Contact

Have questions or concerns about our services and privacy? Contact us at Info@SixberrySolutions.com.