Tenable6

Terms of Service Agreement

Welcome to Tenable6! This Terms of Service Agreement (the “Terms”) together with, if applicable,  the Consignment Terms available at [TENABLE6.COM], governs your use of the Tenable6 mobile application (the “App”), the [TENABLE6.COM] website and any other websites of Tenable6, its affiliates and agents (the “Website”) (the App and the Website, collectively the “Platform”), and any service, features, content and resources available or enabled via the Platform (collectively the “Services”).  PLEASE READ THESE TERMS CAREFULLY. THIS AGREEMENT IS A LEGAL CONTRACT BETWEEN YOU AND  TENABLE6, INC. (“TENABLE6,” “WE,” “US” OR “OUR”). Your use of the Services may be subject to any additional terms, conditions and policies that we separately post on the Platform and any agreements that you separately execute with Tenable6, including but not limited to the Consignment Terms and [Tenable6’s Privacy Policy] (“Supplemental Terms”), which are incorporated by reference into these Terms (together, the “Agreement”). If you are a Consigner, you will be subject to the separate Consignment Terms, which is available here [TENABLE6.COM]. Certain portions of the Services may not be available to you unless you have registered. If you do not agree to be bound by this Agreement, you may not use the Services in any way. To the extent there is any conflict between these Terms and the Supplemental Terms, the applicable Supplemental Terms will control with respect to the subject matter thereof.

SECTION 19 OF THIS AGREEMENT IS AN ARBITRATION CLAUSE THAT REQUIRES MOST DISPUTES BETWEEN US TO BE RESOLVED ON AN INDIVIDUAL, NON-CLASS ACTION BASIS THROUGH BINDING AND FINAL ARBITRATION INSTEAD OF IN COURT. SEE SECTION 19 FOR MORE INFORMATION REGARDING THIS ARBITRATION CLAUSE, AND HOW TO OPT OUT IF YOU DESIRE TO DO SO.

By clicking on the “I ACCEPT” button (or similar), completing the registration process, or otherwise accessing or using the Services, or any portion thereof, you acknowledge and agree that: (1) you have read, understand, and agree to be bound by this Agreement and any future amendments and additions to this Agreement as published through the Services; (2) you are of legal age in your jurisdiction of residence to form a binding contract; and (3) you have the authority to enter into this Agreement (on behalf of yourself personally, and as applicable, any entity that you represent for purposes of this Agreement). If the individual entering into this Agreement or otherwise accessing or using the Services is doing so on behalf of, or within such individual’s capacity as a representative, agent, or employee of an entity, such individual and such entity agree that: (i) the terms “you” and “your” as used herein apply to such entity and such individual, and (ii) the individual entering into this Agreement has the right, power, authority and capacity to enter into this Agreement on behalf of such entity.

 

PLEASE NOTE THAT THIS AGREEMENT IS SUBJECT TO CHANGE BY TENABLE6 IN ITS SOLE DISCRETION AT ANY TIME. Tenable6 reserves the right to modify this Agreement or its policies relating to the Services at any time, effective upon posting of an updated version of this Agreement or any applicable Supplemental Terms on the applicable Services. You should regularly review this Agreement, as your continued use of the Services after any such changes constitutes your agreement to such changes.

  1. DEFINED TERMS.
    • Buyer” means a User who purchases an Item(s) through the Platform.
    • Consigner” means a User who has sold an Item(s) on the Platform to Tenable6.
    • Item(s)” means clothing and accessories made available by Tenable6 for Buyers on the Platform.
    • User” has the definition ascribed to it in Section 1.
  2. HOW THE SERVICES WORKS. The Services provides Users with access to sales of luxury resale Items and related services.  Tenable6’s responsibility to Users is limited to providing the Platform in accordance with this Agreement. 
  3. USE OF THE SERVICES. The Services, and any parts thereof, are protected by copyright laws throughout the world. Subject to this Agreement, Tenable6 grants you the right to access and use the features and functionality of the Services, as well as a limited license to use the Services for personal use in accordance with this Agreement.
    • App License
    • Updates and Modifications. Tenable6 may from time to time develop patches, bug fixes, updates, upgrades and other modifications to the Services (“Updates”). These Updates may be automatically implemented without providing any additional notice or receiving any additional consent. Under this Agreement, you consent to these automatic updates. If you do not want such Updates, your exclusive remedy is to terminate your Account (as defined below). If you do not terminate your Account, you will receive Updates automatically. Your continued use of the Services is your agreement to this Agreement with respect to the Services, including all Updates. Tenable6 reserves the right to modify or discontinue the Services at any time (including by limiting or discontinuing certain features of the Services), temporarily or permanently, without notice to you. We will have no liability on account of any change to the Services or any suspension or termination of your access to or use of the Services.
    • Certain Restrictions. The rights granted to you in this Agreement are subject to the following restrictions: (a) you shall not license, sell, rent, lease, transfer, assign, reproduce, distribute, host or otherwise commercially exploit the Services or any portion of the Services; (b) you shall not frame or use framing techniques to enclose any trademark, service mark, or logo (including images, text, page layout or form) of Tenable6; (c) you shall not use any metatags or other “hidden text” using Tenable6's name, service marks, or trademarks; (d) you shall not modify, translate, adapt, merge, make derivative works of, disassemble, decompile, reverse compile or reverse engineer any part of the Services except to the extent the foregoing restrictions are expressly prohibited by applicable law; (e) you shall not use any manual or automated software, devices or other processes (including but not limited to spiders, robots, scrapers, crawlers, avatars, data mining tools or the like) to “scrape” or download data from the Services (except that we grant the operators of public search engines revocable permission to use spiders to copy materials from the Website for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials); (f) you shall not access the Services to build a similar or competitive website, application or service; (g) except as expressly stated herein, no part of the Services may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means; (h) you shall not remove or destroy any copyright notices or other proprietary markings contained on or in the Services; (i) you shall not interfere with or attempt to interfere with the proper functioning of the Services or use the Services in any way not expressly permitted by this Agreement; and (j) you shall not attempt to harm our Services, including but not limited to, by violating or attempting to violate any related security features, introducing viruses, worms, or similar harmful code into the Services, or interfering or attempting to interfere with use of the Services by any other user, host or network, including by means of overloading, “flooding,” “spamming,” “mail bombing”, or “crashing” the Services. Any unauthorized use of the Services terminates the licenses granted by Tenable6 pursuant to this Agreement.Any future release, Update or other addition to the Services shall be subject to the Agreement. Tenable6, its suppliers and service providers reserve all rights not granted in the Agreement. Any unauthorized use, or suspected unauthorized user, of the Services terminates the rights and licenses granted by Tenable6 pursuant to the Agreement. You agree to indemnify “Tenable6 Parties” (as defined in Section 13 below) in the event of any claims against Tenable6 based on or arising from your violation of the foregoing.
    • Registering Your Account. In order to access the features of the Services, including purchasing, or making available, Items on the Services, you are required to become a User. For purposes of the Agreement, a “User” is a Buyer or Consigner who has registered an account on the Services (“Account”). You may not have more than one active account. Additionally, you are prohibited from selling, trading, or otherwise transferring your Account to another party.
    • Registration Data. In registering an Account through the Services, you agree to (a) provide true, accurate, current and complete information about yourself as prompted by the registration form (the “Registration Data”); and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. You agree that you shall monitor your Account to restrict use by minors, and you will accept full responsibility for any unauthorized use of the Services by minors. You may not share your Account or password with anyone, and you agree to (x) notify Tenable6 immediately of any unauthorized use of your password or any other breach of security; and (y) exit from your Account at the end of each session. If you provide any information that is untrue, inaccurate, not current or incomplete, or Tenable6 has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Tenable6 has the right to suspend or terminate your Account at any time for any reason or for no reason and refuse any and all current or future use of the Services (or any portion thereof). You agree not to create an Account using a false identity or information, or on behalf of someone other than yourself. You agree that you shall not have more than one Account at any given time. You agree not to create an Account or use the Services if you have been previously removed by Tenable6, or if you have been previously banned from the Services.
    • Location Based Services. Upon registering an Account, the Services may enable Tenable6 to access your location. If you choose to disable any Location-based Services on your device, you will not be able to utilize certain features of the Services. By enabling Location-based Services, you acknowledge and agree that: (i) device data we collect from you is directly relevant to your use of the Services; (ii) Tenable6 may provide Location-based Services related to and based on your then-current location; and (iii) Tenable6 may use any such information collected in connection with provision of the Services.
    • Necessary Equipment. In order for all Users to engage with the Services, you must provide all equipment and software necessary to connect to the Services, including but not limited to, a mobile device that is suitable to connect with and use the Services. You are solely responsible for any fees for any third-party platforms, Internet connection or mobile fees, that you incur when accessing the Services.
  4. FEES AND PURCHASE TERMS.
    • Payment Terms for Items.
      1. Payment Acceptance. As a Buyer, you must provide a valid method of accepting payment (“Payment Acceptance Method”), such as a bank account. You must keep your Payment Acceptance Method current. If this information changes, we may update it using information and third-party sources available to us without any action on your part. If you do not want us to update your information, you may contact your issuer to request this or remove your Payment Acceptance Method from your Account.
      2. Fees. Users agrees to pay all fees associated with User’s Account (collectively “Fees”). You, as a User, will be responsible for paying any applicable taxes relating to your payments and will indemnify and hold harmless Tenable6 from any and all taxes, including sales tax, based on any payments made by you via the Platform. Tenable6 does not make any representation or render any advice as to the potential tax implications of any payments made via the Services, and you should consult your tax professional with regard to the same. Except as otherwise set forth herein or agreed to by Tenable6, all Fees paid by Users are non-refundable.
  • Packing and Shipping. Buyers are responsible for all shipping costs and fees. We will, at the Buyer's expense, either provide packing, handling, insurance and shipping services or coordinate with shipping agents instructed by the Buyer in order to facilitate such services for property purchased from Tenable6. Any such instruction, whether or not made at our recommendation, is entirely at the Buyer's risk and responsibility and we will not be liable for acts or omissions of third-party packers or shippers. The Tenable6 will require presentation of government issued identification prior to release of a piece to the Buyer or the Buyer's authorized representative.
  • Order Process.
    1. Order Acceptance. Each part of any order that you submit to Tenable6 constitutes an offer to purchase. If you do not receive a message from Tenable6 confirming receipt of your order within twenty-four (24) hours, please contact our Customer Service department at [customerservice@tenable6.com] before re-entering your order. Tenable6 confirmation of receipt of your order does not constitute Tenable6 acceptance of your order. Tenable6 is only deemed to have accepted your order once the Item you ordered have been shipped.
    2. Order Issues. Although we strive to accept all valid orders, Tenable6 reserves the right to deny any order for any reason, including if: (i) we discover an error in pricing and/or other information about the Item or receive insufficient or erroneous billing, payment, and/or shipping information, (ii) we suspect an order has been placed using stolen payment card information or otherwise appears to be connected to fraud, or (iii) the ordered Item is unavailable due to discontinuance or otherwise. We may also refuse any order that is connected with a previous payment dispute.

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  • Third Party Payment Method. Tenable6 uses Stripe (“Stripe”) as the third-party service provider for payment services (e.g., card acceptance, merchant settlement, and related services). By purchasing Items on the Services, you agree to be bound by the Stripe Privacy Policy: https://stripe.com/privacy, and hereby consent and authorize Tenable6 and Stripe to share any information and payment instructions you provide with third-party service provider(s) to the minimum extent required to complete your transactions. All information that you provide to us or to Stripe must be accurate, current, and complete.
  • Service Subscription Fees

 

  • Promotions. Any promotions that provide premium access to the Services, discounted Items, or credits toward your Account must be used within the specified time of the trial or promotion, subject to any additional terms that we establish on a per promotional code basis (“Promo Codes”). Promo Codes may only be used once per person. At the end of the specified period, your use of the applicable “Promo Code” will expire and any further use of such service is prohibited unless you pay all applicable fees. You agree that Promo Codes: (i) must be used for the intended audience and purpose, and in a lawful manner; (ii) may not be duplicated, sold, or transferred in any manner, or made available to the general public (whether posted to a public forum or otherwise), unless expressly permitted by us; (iii) may be disabled by us at any time for any reason without liability to us; (iv) may only be used pursuant to the specific terms that we establish for such Promo Code; and (v) are not redeemable for cash.
  • Referrals. You may be able to refer a Consigner or potential Buyer.
    • Types of Content. You acknowledge that all information supplied in and on the Services (“Content”), is the sole responsibility of the party from whom such Content originated.  This means that you, and not Tenable6, are entirely responsible for all Content (including photographs) that you upload, post, e-mail, transmit or otherwise make available (“Make Available”) through the Services (“Your Content”), and that you and other Users, and not Tenable6, are similarly responsible for all Content that you and they Make Available through the Services (“User Content”).
    • No Obligation to Pre-Screen Content. You acknowledge that Tenable6 has no obligation to pre-screen Content (including, but not limited to, User Content), although Tenable6 reserves the right in its sole discretion to pre-screen, refuse or remove any Content.  By entering into the Agreement, you hereby provide your irrevocable consent to such monitoring.  You acknowledge and agree that you have no expectation of privacy concerning the transmission of Your Content, including without limitation email communications.  In the event that Tenable6 pre-screens, refuses or removes any Content, you acknowledge that Tenable6 will do so for Tenable6’s benefit, not yours.  Without limiting the foregoing, Tenable6 shall have the right to remove any Content that violates the Agreement or is otherwise objectionable.
    • Storage. Unless expressly agreed to by Tenable6 in writing elsewhere, Tenable6 has no obligation to store any of Your Content that you Make Available on the Services.  Tenable6 has no responsibility or liability for the deletion or accuracy of any Content, including Your Content; the failure to store, transmit or receive transmission of Content; or the security, privacy, storage, or transmission of other communications originating with or involving use of the Services.  You may be able to restrict certain access to Your Content.  You are solely responsible for applying the appropriate level of access to Your Content.  You agree that Tenable6 retains the right to create reasonable limits on Tenable6’s use and storage of the Content, including Your Content, such as limits on file size, storage space, processing capacity, and similar limits described on the Services and as otherwise determined by Tenable6 in its sole discretion.
  1. OWNERSHIP AND INTELLECTUAL PROPERTY.
    • Services. You agree that Tenable6 and its suppliers own all rights, title and interest in the Services, and all parts thereof. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Services.
    • Trademarks. Tenable6 will own and retain all right, title and interest in its trademarks, graphics, logos, service marks, trade names and other brand elements (collectively, “Trademarks”) used on or in connection with the Services. Such Trademarks may not be used without permission, including in connection with your or any third-party products or services. Other trademarks, service marks and trade names that may appear on or in the Services are the property of their respective owners.
    • Your Content. Tenable6 does not claim ownership of Your Content. However, when you as a User post or publish Your Content on the Services, you represent that you own and/or have a royalty-free, perpetual, irrevocable, worldwide, non-exclusive right (including any moral rights) and license to use, license, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, derive revenue or other remuneration from, and communicate to the public, perform and display Your Content (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or later developed, for the full term of any worldwide intellectual property right that may exist in Your Content. 
    • License to Your Content. You grant Tenable6 a fully paid, royalty-free, perpetual, irrevocable, worldwide, non-exclusive right (including any moral rights) and license to use, host, display, publish, license, distribute, reproduce, modify and adapt Your Content (in whole or in part) for the purposes of operating, providing, developing and improving the Services to you and to our other Users; as well as researching and developing new services. You warrant that the holder of any worldwide intellectual property right, including moral rights, in Your Content, has completely and effectively waived all such rights and validly and irrevocably granted to you the right to grant the license stated above.  You agree that you, not Tenable6, are responsible for all of Your Content that you Make Available on the Services.  The Services may contain User Content provided by other Users.  Tenable6 is not responsible for and does not control User Content.  Tenable6 has no obligation to review or monitor, and does not approve, endorse or make any representations or warranties with respect to, User Content.  You use all User Content and interact with other Users at your own risk.
    • Your Profile. Any Content posted by you in your profile may not contain nudity, violence, sexually explicit, or offensive subject matter as determined by Tenable6 in our sole discretion. You may not post or submit for print services a photograph of another person without that person’s permission.
    • Feedback. You agree that submission of any ideas, suggestions, documents, and/or proposals to Tenable6 through its suggestion, feedback, wiki, forum or similar pages or via email (“Feedback”) is at your own risk and that Tenable6 has no obligations (including without limitation obligations of confidentiality) with respect to such Feedback. You represent and warrant that you have all rights necessary to submit the Feedback. You hereby grant to Tenable6 a fully paid, royalty-free, perpetual, irrevocable, worldwide, non-exclusive, and fully sublicensable right and license to use, reproduce, perform, display, distribute, adapt, modify, re-format, create derivative works of, and otherwise commercially or non-commercially exploit in any manner, any and all Feedback, and to sublicense the foregoing rights, in connection with the operation and maintenance of the Services. You also acknowledge and agree that if and to the extent the material submitted by you identifies you by name, likeness, voice or otherwise (“Name and Likeness”), the foregoing license granted by you will automatically be deemed to cover and extend our use of your Name and Likeness in connection with our use of the material submitted by you. In addition, you warrant that all so-called “moral rights” have been waived.
  2. USER CONDUCT. As a condition of use, you agree not to use the Services for any purpose that is prohibited by the Agreement or by applicable law. You shall not (and shall not permit any third-party) either (a) to take any action or (b) Make Available any Content on or through the Services that: (i) infringes any patent, trademark, trade secret, copyright, right of publicity or other right of any person or entity; (ii) you do not have a right to Make Available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under non-disclosure agreements); (iii) is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another's privacy, tortious, obscene, offensive, or profane; (iv) constitutes unauthorized or unsolicited advertising, junk or bulk e-mail; (v) impersonates any person or entity, including any employee or representative of Tenable6; or (vi) interferes with or attempts to interfere with the proper functioning of the Services or uses the Services in any way not expressly permitted by the Agreement.
  3. THIRD-PARTY SERVICES.
    • Third-Party Services. The Services may contain links to third-party websites (“Third-Party Websites”) and advertisements for third parties (“Third-Party Ads”). When you click on a link to a Third-Party Website or Third-Party Ad, we will not warn you that you have left the Services and are subject to the terms and conditions (including privacy policies) of another website or destination. Such Third-Party Websites and Third-Party Ads are not under the control of Tenable6. Tenable6 is not responsible for any Third-Party Websites or Third-Party Ads. Tenable6 provides these Third-Party Websites and Third Party Ads only as a convenience and does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third-Party Websites or Third-Party Ads, or their products or services. You use all links in Third-Party Websites and Third-Party Ads at your own risk. When you leave our Website, our Agreement and policies no longer govern. You should review applicable terms and policies, including privacy and data gathering practices, of any Third-Party Websites, and should make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any third-party.
    • Third-Party Content. The Services may utilize or include content, software, and other copyrighted materials provided by third parties (“Third-Party Content”). Your use of such Third-Party Content is governed by their respective terms and conditions. By Accepting this Agreement, you are also accepting the additional terms and conditions of the third parties. Tenable6 expressly disclaims any and all warranties in connection with Third-Party Content, and shall have no liability in connection therewith.
    • App Stores. You acknowledge and agree that the availability of the App is dependent on the third-party from whom you received the App license, e.g., the Apple App Store or Google Play (the “App Store”).  You acknowledge that the Agreement is between you and Tenable6 and not with the App Store.  Tenable6, not the App Store, is solely responsible for the App, the content thereof, maintenance, support services, and warranty therefor, and addressing any claims relating thereto (e.g., product liability, legal compliance or intellectual property infringement).  In order to use the App, you must have access to a wireless network, and you agree to pay all fees associated with such access.  You also agree to pay all fees (if any) charged by the App Store in connection with the App.  You agree to comply with, and your license to use the App is conditioned upon your compliance with all terms of agreement imposed by the applicable App Store when using the App. You acknowledge that the App Store (and its subsidiaries) are third-party beneficiaries of the Agreement and will have the right to enforce it.
    • Open Source Software. The Services may include or incorporate third- party software components that are generally available free of charge under licenses granting recipients broad rights to copy, modify, and distribute such components (“Open Source Components”). Although the Services is provided to you subject to this Agreement, nothing in this Agreement prevents, restricts, or is intended to prevent or restrict you from obtaining such Open Source Components under the applicable third-party licenses or to limit your use of such Open Source Components thereunder

PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT.  It is Tenable6’s policy to terminate membership privileges of any Users who repeatedly infringe copyright upon prompt notification to Tenable6 by the copyright owner or the copyright owner’s legal agent.  Without limiting the foregoing, if you believe that your work has been copied and posted on or within the Services in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information: (a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (b) a description of the copyrighted work that you claim has been infringed; (c) a description of the location on the Services of the material that you claim is infringing; (d) your address, telephone number and e-mail address; (e) a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; and (f) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.  Contact information for Tenable6’s

  1. TENABLE6 COMMUNICATIONS.
    • Generally. By entering into this Agreement or using the Services you agree to receive communications, including marketing and promotional communications, from us, via e-mail, calls, push notifications and other mobile application messages. You agree that for all of our communications, message and data rates may apply.
    • Email Marketing Communications. If we send marketing or promotional communications, you will have the ability to opt out of receiving such communications by following the instructions in this section.  YOU ACKNOWLEDGE THAT YOU ARE NOT REQUIRED TO CONSENT TO RECEIVE PROMOTIONAL EMAILS AS A CONDITION OF USING THE SERVICES OR RELATED SERVICES. CONSENT TO THESE PROMOTIONAL MESSAGES IS NOT REQUIRED TO ACCESS THE SERVICES. IF YOU WISH TO OPT OUT OF RECEIVING PROMOTIONAL EMAIL COMMUNICATIONS FROM US, YOU CAN UNSUBSCRIBE FROM OUR PROMOTIONAL EMAIL LIST BY FOLLOWING THE UNSUBSCRIBE OPTIONS IN THE PROMOTIONAL EMAIL ITSELF.
    • Promotional SMS and/or Text MessagesYou may have the option to provide us with your contact information and sign up for an SMS messaging service (a “SMS Messaging Service”) on the Services. When you opt-in to an SMS Messaging Service, you may consent to receive texts (including marketing texts) from us at the mobile number you’ve provided at opt-in, including, but not limited to: communications concerning new and existing features of our Services, and communications concerning promotions run by us or our partners. If you opt in to one of our SMS Messaging Services, we will send you an SMS message to confirm your sign up. You can cancel the SMS Messaging Service at any time. Just text “STOP” to the telephone number or short code we used to contact you. We may change any short code or telephone number we use to operate our SMS service at any time. You acknowledge that any messages, including any STOP or HELP requests, you send to a short code or telephone number we have changed may not be received and we will not be responsible for honoring requests made in such messages. IF YOU WISH TO OPT OUT OF PROMOTIONAL CALLS OR TEXTS, YOU MAY TEXT “END” TO THE TELEPHONE OR SHORT CODE WE USED TO CONTACT YOU. YOU ACKNOWLEDGE THAT YOU ARE NOT REQUIRED TO CONSENT TO RECEIVE PROMOTIONAL TEXTS OR CALLS AS A CONDITION OF USING THE SERVICES OR ANY RELATED SERVICES. 
    • Electronic Communications. The communications between you and Tenable6 may take place via electronic means, whether you visit the Services or send us e-mails, or whether we post notices on the Services, or communicate with you via e-mail, text message or by sending you push notifications.  For contractual purposes, you (i) consent to receive communications from Tenable6 in an electronic form; and (ii) agree that all terms and conditions, agreements, notices, disclosures, and other communications that Tenable6 provides to you electronically satisfy any legal requirement that such communications would satisfy if it were to be in writing.  The foregoing does not affect your statutory rights.
    • Violations. If Tenable6 becomes aware of any possible violations by you of the Agreement, Tenable6 reserves the right to investigate such violations. If, as a result of the investigation, Tenable6 believes that criminal activity has occurred, Tenable6 reserves the right to refer the matter to, and to cooperate with, any and all applicable legal authorities.  Tenable6 is entitled, except to the extent prohibited by applicable law, to disclose any information or materials on or in the Services, including Your Content, in Tenable6’s possession in connection with your use of the Services, to (a) comply with applicable laws, legal process or governmental request, (b) enforce the Agreement, (c) respond to any claims that Your Content violates the rights of third parties, (d) respond to your requests for customer service, or (e) protect the rights, property or personal safety of Tenable6, its Users or the public, and all enforcement or other government officials, as Tenable6 in its sole discretion believes to be necessary or appropriate.
    • Breach. In the event that Tenable6 determines, in its sole discretion, that you have breached any portion of the Agreement, or have otherwise demonstrated conduct inappropriate for the Services, Tenable6 reserves the right to:
      1. Delete any of Your Content provided by you or your agent(s) to the Services;
      2. Warn you via e-mail (to any e-mail address you have provided to Tenable6) that you have violated the Agreement;
  • Discontinue your registration with the Services;
  1. Discontinue your access to the Services;
  2. Notify and/or send Content to and/or fully cooperate with the proper law enforcement authorities for further action; and/or
  3. Pursue any other action which Tenable6 deems to be appropriate.
  1. INDEMNIFICATION. You agree to indemnify and hold harmless Tenable6, its parents, subsidiaries, affiliates, officers, employees, agents, partners and licensors (collectively, the “Tenable6 Parties”) from any losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of: (a)  your use of, or inability to use, the Services; (b) your violation of the Agreement; (c) your violation of any rights of another party, including any other Users; and (d) your violation of any applicable laws, rules or regulations. Tenable6 reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Tenable6 in asserting any available defenses. This provision does not require you to indemnify any of Tenable6 Parties for any unconscionable commercial practice by such party or for such party’s fraud, deception, false promise, misrepresentation or concealment, suppression or omission of any material fact in connection with the Website or Services provided hereunder. You agree that the provisions in this section will survive any termination of your Account, the Agreement or your access to the Services.
  2. DISCLAIMER OF WARRANTIES AND CONDITIONS.
    • As Is. YOU EXPRESSLY UNDERSTAND AND AGREE THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK, AND THE SERVICES IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH ALL FAULTS. TENABLE6 PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES, REPRESENTATIONS, AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT ARISING FROM USE OF THE SERVICES.
      1. TENABLE6 PARTIES MAKE NO WARRANTY, REPRESENTATION OR CONDITION THAT: (1) THE SERVICES WILL MEET YOUR EXPECTATIONS OR REQUIREMENTS; (2) THE INFORMATION, CONTENT, AND DATA ON OR RELATED TO THE SERVICES IS ACCURATE, COMPLETE, OR CURRENT; (3) YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (4) ANY ERRORS ON THE SERVICES WILL BE CORRECTED; (5) YOUR USE OF THE SERVICES WILL NOT EXPOSE YOUR HARDWARE OR NETWORKS TO ADDITIONAL SECURITY RISK; (6) THE SERVICES WILL BE COMPATIBLE WITH YOUR DEVICES; AND (7) THE ITEMS  PURCAHSED THROUGH THE PLATFORM WILL BE AUTHENTIC OR GENUINE.
      2. ANY CONTENT DOWNLOADED FROM OR OTHERWISE ACCESSED THROUGH THE SERVICES IS ACCESSED AT YOUR OWN RISK, AND YOU SHALL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY, INCLUDING, BUT NOT LIMITED TO, YOUR COMPUTER SYSTEM AND ANY DEVICE YOU USE TO ACCESS THE SERVICES, OR ANY OTHER LOSS THAT RESULTS FROM ACCESSING SUCH CONTENT.
  • THE SERVICES MAY BE SUBJECT TO DELAYS, CANCELLATIONS AND OTHER DISRUPTIONS. TENABLE6 MAKES NO WARRANTY, REPRESENTATION OR CONDITION WITH RESPECT TO SERVICES, INCLUDING BUT NOT LIMITED TO, THE QUALITY, EFFECTIVENESS, REPUTATION AND OTHER CHARACTERISTICS OF SERVICES.
  1. THIS SECTION 14 DOES NOT AFFECT IN ANY WAY OUR RETURN POLICY FOR THE PRODUCTS. DESCRIPTIONS, IMAGES, REFERENCES, FEATURES, CONTENT, SPECIFICATIONS, PRODUCTS, PRICES, AND AVAILABILITY OF ANY PRODUCTS ARE SUBJECT TO CHANGE WITHOUT NOTICE. OUR CURRENT PRICES CAN BE FOUND ON THE SERVICES. WE MAKE REASONABLE EFFORTS TO ACCURATELY DISPLAY THE ATTRIBUTES OF OUR PRODUCTS, INCLUDING THE APPLICABLE COLORS; HOWEVER, THE ACTUAL COLOR YOU SEE WILL DEPEND ON YOUR COMPUTER SYSTEM, AND WE CANNOT GUARANTEE THAT YOUR COMPUTER WILL ACCURATELY DISPLAY SUCH COLORS. THE INCLUSION OF ANY PRODUCTS ON THE SERVICES AT A PARTICULAR TIME DOES NOT IMPLY OR WARRANT THAT THESE PRODUCTS WILL BE AVAILABLE AT ANY TIME. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE FOREGOING DISCLAIMERS, EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
  • No Liability for Conduct of Third Parties. YOU ACKNOWLEDGE AND AGREE THAT TENABLE6 PARTIES ARE NOT LIABLE, AND YOU AGREE NOT TO SEEK TO HOLD TENABLE6 PARTIES LIABLE, FOR THE CONDUCT OF THIRD PARTIES, INCLUDING OTHER USERS OF THE SERVICES OR OPERATORS OF EXTERNAL SITES, AND THAT THE RISK OF INJURY FROM SUCH THIRD PARTIES RESTS ENTIRELY WITH YOU. YOU FURTHER ACKNOWLEDGE AND AGREE THAT TENABLE6 PARTIES ARE NOT LIABLE FOR ANY ACTS OR OMISSIONS BY ANY HUB OR HUB PERSONNEL.
  1. LIMITATION OF LIABILITY; INSURANCE.
    • DISCLAIMER OF CERTAIN DAMAGES. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL TENABLE6 PARTIES BE LIABLE FOR ANY LOSS OF PROFITS OR REVENUE OR FOR INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, OR DAMAGES OR COSTS DUE TO LOSS OF DATA, PRODUCTION, OR USE, BUSINESS INTERRUPTION OR PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, WHETHER OR NOT TENABLE6 HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.TENABLE6 PARTIES DO NOT GUARANTY THE QUALITY OR SUITABILITY, OF ANY ITEMS. AND EACH USER OF THE SERVICES AGREES THAT THE ENTIRE RISK ARISING OUT OF HIS/HER USE OF THE SERVICES REMAINS SOLELY WITH SUCH USER, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW.  WILL NOT BE LIABLE FOR ANY CLAIM, INJURY OR DAMAGE ARISING IN CONNECTION WITH THE SERVICES.
    • Cap on Liability. UNDER NO CIRCUMSTANCES WILL TENABLE6 PARTIES BE LIABLE TO YOU FOR MORE THAN THE GREATER OF (A) THE TOTAL AMOUNT PAID OR PAYABLE BY TENABLE6 DURING THE ONE-MONTH PERIOD PRIOR TO THE ACT, OMISSION OR OCCURRENCE GIVING RISE TO SUCH LIABILITY; OR (B) ONE HUNDRED DOLLARS ($100). THE LAWS OF SOME STATES DO NOT ALLOW FOR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE LIMITATIONS SET FORTH IN THIS SUBSECTION MAY NOT APPLY TO YOU AND YOU MIGHT HAVE OTHER RIGHTS. 
    • Basis of the Bargain. The limitations of damages set forth above are fundamental elements of the basis of the bargain between Tenable6 and you. Notwithstanding the foregoing, the limitations and disclaimer in this section do not purport to limit liability or alter a Buyer’s rights as a consumer that cannot be excluded under applicable law.
  2. You hereby release Tenable6 Parties from claims, demands, any and all losses, damages, rights, and actions of any kind, including personal injuries, death, and property damage, that is either directly or indirectly related to or arises from your use of the Services, including but not limited to, any interactions with or conduct of other Users of the Services, or third-party websites of any kind arising in connection with or as a result of the Agreement or your use of Services. Should you, as a User, have a dispute with respect to the Services, you may address such dispute with Tenable6. You, as a Buyer, hereby agree to release Tenable6 Parties from any losses, damages, rights, and actions of any kind, including personal injuries, death, and property damage that is either directly or indirectly related to or arises from or in any way connected with such disputes and your dealings with the Services. IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES, “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.” 
  3. TERMINATION AND DEACTIVATION.
    • Termination of Account. This Agreement will remain in full force and effect until your Account is terminated as provided herein. Users should review the terms set forth in Section 17 of this Agreement to determine rights and obligations surrounding termination of Accounts. You may delete your Account at any time for any reason through the settings in your Account on the Services. Tenable6 may terminate or suspend your Account if (a) you are in breach of the Agreement; (b) if Tenable6 decides in its sole discretion to stop facilitating the provision of the applicable Services; or (c) for any or no reason, without giving you notice. You understand that any termination of this Agreement and your Account may involve deletion of your Account information from our live databases and all the information stored for such Account. Tenable6 will not have any liability whatsoever to you for any termination or suspension of your Account or related deletion of your information.
    • Effect of Termination or Deactivation. Deactivation includes removal of your access to the Services and barring of further use of the Services. Upon Deactivation of the Services, your right to use such Services will automatically terminate immediately. Tenable6 will not have any liability to you for any suspension or termination. All provisions of the Agreement which by their nature should survive, shall survive termination of the Services, including without limitation, ownership provisions, warranty disclaimers, and limitation of liability. If you are a User and we take any of the measures described above, you will not be entitled to any compensation for pending or confirmed Services that were cancelled. 
  4. INTERNATIONAL USE
  5. ARBITRATION AGREEMENT. Please read the following arbitration agreement in this section (“Arbitration Agreement”) carefully. It requires users to arbitrate disputes with Tenable6 and limits the manner in which you can seek relief from us.
    • Applicability of Arbitration Agreement. You agree that any dispute, claim, or request for relief relating in any way to your access or use of the Services, to any Items distributed through the Services, or to any aspect of your relationship with Tenable6, will be resolved by binding arbitration, rather than in court, except that (a) you may assert claims or seek relief in small claims court if your claims qualify; and (b) you or Tenable6 may seek equitable relief in court for infringement or other misuse of intellectual property rights (such as trademarks, trade dress, domain names, trade secrets, copyrights, and patents). This Arbitration Agreement shall apply, without limitation, to all disputes or claims and requests for relief that arose or were asserted before the effective date of this Agreement or any prior version of this Agreement.
    • Arbitration Rules and Forum. The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement. To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your dispute or claim or request for relief to our registered agent at Tenable6 Inc., 834 South Broadway Ave, Suite 1004, Los Angeles, California, 90014. The arbitration will be conducted by JAMS, an established alternative dispute resolution provider. Disputes involving claims, counterclaims, or request for relief under $250,000, not inclusive of attorneys’ fees and interest, shall be subject to JAMS’s most current version of the Streamlined Arbitration Rules and procedures available at http://www.jamsadr.com/rules-streamlined-arbitration/; all other disputes shall be subject to JAMS’s most current version of the Comprehensive Arbitration Rules and Procedures, available at http://www.jamsadr.com/rules-comprehensive-arbitration/. JAMS’s rules are also available at www.jamsadr.com or by calling JAMS at 800-352-5267. If JAMS is not available to arbitrate, the parties will select an alternative arbitral forum. If the arbitrator finds that you cannot afford to pay JAMS’s filing, administrative, hearing and/or other fees and cannot obtain a waiver from JAMS, Tenable6 will pay them for you. In addition, Tenable6 will reimburse all such JAMS’s filing, administrative, hearing and/or other fees for disputes, claims, or requests for relief totaling less than $10,000 unless the arbitrator determines the claims are frivolous.
    • You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the country where you live or at another mutually agreed location. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
    • Authority of Arbitrator. The arbitrator shall have exclusive authority to (a) determine the scope and enforceability of this Arbitration Agreement and (b) resolve any dispute related to the interpretation, applicability, enforceability or formation of this Arbitration Agreement including, but not limited to, any assertion that all or any part of this Arbitration Agreement is void or voidable. The arbitration will decide the rights and liabilities, if any, of you and Tenable6. The arbitration proceeding will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator shall have the authority to grant motions dispositive of all or part of any claim. The arbitrator shall have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law, the arbitral forum’s rules, and the Agreement (including the Arbitration Agreement). The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and us. 
    • Waiver of Jury Trial. YOU AND TENABLE6 HEREBY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY. You and Tenable6 are instead electing that all disputes, claims, or requests for relief shall be resolved by arbitration under this Arbitration Agreement, except as specified in Section 19.1 (Application of Arbitration Agreement) above. An arbitrator can award on an individual basis the same damages and relief as a court and must follow this Agreement as a court would. However, there is no judge or jury in arbitration, and court review of an arbitration award is subject to very limited review.
    • Waiver of Class or Other Non-Individualized Relief. ALL DISPUTES, CLAIMS, AND REQUESTS FOR RELIEF WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS OR COLLECTIVE BASIS, ONLY INDIVIDUAL RELIEF IS AVAILABLE, AND CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. If a decision is issued stating that applicable law precludes enforcement of any of this section’s limitations as to a given dispute, claim, or request for relief, then such aspect must be severed from the arbitration and brought into the State or Federal Courts located in the State of California. All other disputes, claims, or requests for relief shall be arbitrated.
    • 30-Day Right to Opt Out. You have the right to opt out of the provisions of this Arbitration Agreement by sending written notice of your decision to opt out to: [customerservice@tenable6.com] within thirty (30) days after first becoming subject to this Arbitration Agreement. Your notice must include your name and address, your Tenable6 username (if any), the email address you used to set up your Tenable6 account (if you have one), and an unequivocal statement that you want to opt out of this Arbitration Agreement. If you opt out of this Arbitration Agreement, all other parts of this Agreement will continue to apply to you. Opting out of this Arbitration Agreement has no effect on any other arbitration agreements that you may currently have, or may enter in the future, with us.
    • Severability. Except as provided in Section 19.5 (Waiver of Jury Trial), if any part or parts of this Arbitration Agreement are found under the law to be invalid or unenforceable, then such specific part or parts shall be of no force and effect and shall be severed and the remainder of the Arbitration Agreement shall continue in full force and effect.
    • Survival of Agreement. This Arbitration Agreement will survive the termination of your relationship with Tenable6.
    • Modification. Notwithstanding any provision in this Agreement to the contrary, we agree that if Tenable6 makes any future material change to this Arbitration Agreement, you may reject that change within thirty (30) days of such change becoming effective by writing Tenable6 at the following address:.

 

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  1. GENERAL PROVISIONS.
    • Assignment. The Agreement, and your rights and obligations hereunder, may not be assigned, subcontracted, delegated or otherwise transferred by you without Tenable6’s prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void. Tenable6 shall have the right to freely assign this Agreement, in whole or in part, without your prior consent.
    • Force Majeure. Tenable6 shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including, but not limited to, acts of God, war, terrorism, riots, embargos, acts of civil or military authorities, fire, floods, accidents, pandemics, epidemics, strikes or shortages of transportation facilities, fuel, energy, labor or materials.
    • Questions, Complaints, Claims. If you have any questions, complaints or claims with respect to the Services, please contact us at: [customerservice@tenable6.com. We will do our best to address your concerns. If you feel that your concerns have been addressed incompletely, we invite you to let us know for further investigation.
    • Exclusive Venue. To the extent the parties are permitted under this Agreement to initiate litigation in a court, or in the event this Section 22.4 is held to be unenforceable for any reason, both you and Tenable6 agree that all claims and disputes arising out of or relating to the Agreement will be litigated exclusively in the state or federal courts located in California.
    • Governing Law. THE AGREEMENT AND ANY ACTION RELATED THERETO WILL BE GOVERNED AND INTERPRETED BY AND UNDER THE LAWS OF THE STATE OF CALIFORNIA, CONSISTENT WITH THE FEDERAL ARBITRATION ACT, WITHOUT GIVING EFFECT TO ANY PRINCIPLES THAT PROVIDE FOR THE APPLICATION OF THE LAW OF ANOTHER JURISDICTION. THE UNITED NATIONS CONVENTION ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS DOES NOT APPLY TO THIS AGREEMENT.
    • Notice. Where Tenable6 requires that you provide an e-mail address, you are responsible for providing Tenable6 with your most current e-mail address. In the event that the last e-mail address you provided to Tenable6 is not valid, or for any reason is not capable of delivering to you any notices required/ permitted by this Agreement, Tenable6’ dispatch of the e-mail containing such notice will nonetheless constitute effective notice. You may give notice to Tenable6 at the following address: Tenable6 Inc., 834 South Broadway Ave, Suite 1004, Los Angeles, California, 90014.
    • Waiver. Any waiver or failure to enforce any provision of this Agreement on one occasion will not be deemed a waiver of any other provision or of such provision on any other occasion.
    • Severability. If any portion of this Agreement is held invalid or unenforceable, that portion shall be construed in a manner to reflect, as nearly as possible, the original intention of the parties, and the remaining portions shall remain in full force and effect.
    • Export Control. You may not use, export, import, or transfer the Services except as authorized by U.S. law, the laws of the jurisdiction in which you obtained the Services, and any other applicable laws. In particular, but without limitation, the Services may not be exported or re-exported (a) into any United States embargoed countries; or (b) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce’s Denied Person’s List or Entity List. By using the Services, you represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties. You also will not use the Services for any purpose prohibited by U.S. law, including the development, design, manufacture or production of missiles, nuclear, chemical or biological weapons. You acknowledge and agree that products, services or technology provided by Tenable6 are subject to the export control laws and regulations of the United States. You shall comply with these laws and regulations and shall not, without prior U.S. government authorization, export, re-export, or transfer Tenable6 products, services or technology, either directly or indirectly, to any country in violation of such laws and regulations.
    • Consumer Complaints. In accordance with California Civil Code §1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 400 R Street, Sacramento, CA 95814, or by telephone at (800) 952-5210.
    • Relationship of the Parties. The parties to this Agreement are independent contractors. The Agreement does not create a partnership, franchise, joint venture, agency, fiduciary, or employment relationship between the parties. Each party will be solely responsible for payment of all compensation owed to its employees, as well as all employment-related taxes.
    • Entire Agreement. This Agreement is the final, complete and exclusive agreement of the parties with respect to the subject matter hereof and supersedes and merges all prior discussions between the parties with respect to such subject matter.