Terms of service

This web page represents a legal document that serves as the Terms of Service and it governs the legal terms of our website, www.projectsixthelement.com, sub-domains, and any associated web-based and mobile applications (collectively, “Website”), as owned and operated by Sixth Element. It is the responsibility of the installer and/or user of the product to ensure that product is used in compliance with all applicable laws and regulations. If a product was purchased in error, do not install and/or use it. The purchaser must arrange to return the product(s) then must qualify for a refund.

Capitalized terms, unless otherwise defined, have the meaning specified within the Definitions section below. This Terms of Service, along with our Privacy Policy, any mobile license agreement, and other posted guidelines within our Website, collectively “Legal Terms”, constitute the entire and only agreement between you and Sixth Element, and supersede all other agreements, representations, warranties and understandings with respect to our Website and the subject matter contained herein. We may amend our Legal Terms at any time without specific notice to you. The latest copies of our Legal Terms will be posted on our Website, and you should review all Legal Terms prior to using our Website. After any revisions to our Legal Terms are posted, you agree to be bound to any such changes to them. Therefore, it is important for you to periodically review our Legal Terms to make sure you still agree to them.

By using our Website, you agree to fully comply with and be bound by our Legal Terms. Please review them carefully. If you do not accept our Legal Terms, do not access and use our Website. 

Definitions
The terms “us” or “we” or “our” refers to Sixth Element, the owner of the Website.

A “Visitor” is someone who merely browses our Website, but has not registered as Member.

A “Member” is an individual that has registered with us to use our Service.

Our “Service” represents the collective functionality and features as offered through our Website to our Members.

A “User” is a collective identifier that refers to either a Visitor or a Member.

All text, information, graphics, audio, video, and data offered through our Website are collectively known as our “Content”.

Legal Compliance
You agree to comply with all applicable domestic and international laws, statutes, ordinances, and regulations regarding your use of our Website. Sixth Element reserves the right to investigate complaints or reported violations of our Legal Terms and to take any action we deem appropriate, including but not limited to canceling your Member account, reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to your profile, email addresses, usage history, posted materials, IP addresses and traffic information, as allowed under our Privacy Policy.

Your use of this site indicates your acceptance of these terms and conditions. Your placement of an order indicates your acceptance of these terms and conditions.

Your receipt of an electronic order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. Sixth Element reserves the right at any time after receipt of your order to accept or decline your order for any reason. Sixth Element reserves the right at any time after receipt of your order, without prior notice to you, to supply less than the quantity you ordered of any item and adjust your invoice accordingly. Sixth Element may require additional verifications or information before accepting any order. Once you have placed an online, phone order, or other type of order with Sixth Element, you have entered in a contract to purchase and your credit card will be charged immediately. Orders DO NOT always ship the same day. Please allow 48 hours for your order to ship assuming no backorders. If you need priority delivery then please contact us by phone for immediate attention.

Because Sixth Element reserves the right to accept or decline your order for any reason, typographical, product photo, and/or pricing errors that may occur do not entitle a customer to receive something from those errors. Sixth Element cannot be held responsible for honoring purchases caused by such errors and will simply take action to correct the error. These errors are not a misrepresentation of a product, business, manufacture, or sale, but a error which Six Element's responsibility is to correct the error.

Intellectual Property
Our Website may contain our service marks or trademarks as well as those of our affiliates or other companies, in the form of words, graphics, and logos. Your use of our Website does not constitute any right or license for you to use such service marks/trademarks, without the prior written permission of the corresponding service mark/trademark owner. Our Website is also protected under international copyright laws. The copying, redistribution, use or publication by you of any portion of our Website is strictly prohibited. Your use of our Website does not grant you ownership rights of any kind in our Website. Content is produced from our contributor network. Sixth Element is not to be held responsible for any information and content posted that may violate copyright laws. 

All content included on this site, such as text, graphics, logos, button icons, images, audio clips and software, is the property of Sixth Element or its suppliers/manufactures and is protected by U.S. and international copyright laws. All trademarks, service marks, and trade names of and related to Sixth Element are proprietary to Sixth Element. All other trademarks not owned by Sixth Element or its subsidiaries that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Sixth Element.  Product information such as text, logos, and/or images used to promote products and/or the sale of products have been provided to Sixth Element along with permission to use directly from the supplier or manufacturer. Any unauthorized use from other companies of the materials appearing on this site without written permission from the supplier and or manufacturer may violate copyright, trademark and other applicable laws and could result in criminal or civil penalties. All software used on this site is the property Sixth Element or its software suppliers and protected by U.S. and international copyright laws and may not be reproduced, modified, distributed, transmitted, or republished.

Links to Other Websites
Our Website may contain links to third party websites. These links are provided solely as a convenience to you. By linking to these websites, we do not create or have an affiliation with, or sponsor such third party websites. The inclusion of links within our Website does not constitute any endorsement, guarantee, warranty, or recommendation of such third party websites, including any affiliate partnerships in which Sixth Element may earn commission on products purchased via affiliate links. Sixth Element has no control over the legal documents and privacy practices of third party websites; as such, you access any such third party websites at your own risk.

General Terms
Any cause of action by you with respect to our Website, must be instituted within one (1) year after the cause of action arose or be forever waived and barred. Should any part of our Legal Terms be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect. To the extent that any Content in our Website conflicts or is inconsistent with our Legal Terms, our Legal Terms shall take precedence. Our failure to enforce any provision of our Legal Terms shall not be deemed a waiver of such provision nor of the right to enforce such provision. The rights of Sixth Element under our Legal Terms shall survive the termination of our Legal Terms.