6YA END USER TERMS OF SERVICE
Last Updated: March 15, 2019
Welcome to 6ya! You’re reading our
6ya End User Terms of Service (“Terms”), an agreement between you and
6ya Inc. (“6ya”), for your use of our services as an End User (as
defined below), which are accessible via our website at
(the “Site”) and mobile app (“App”). To make
these Terms easier to read, the Site, App and services we provide are together
You’ll notice that some words
appear in quotes in these Terms. They’re called “defined terms,” and we use
them so we don’t have to repeat the same language over and over again, and to
make sure that the Terms are consistent. We’ve included the defined terms
throughout to make the Terms easier for you to read.
Agreement to Terms.
By using our Services, you agree to be bound by these Terms. If you
don’t agree to be bound by these Terms, do not use the Services.
Changes to the Terms or Services.
We might change these Terms from time to time, but
we’ll notify you when we make any changes. The changes become effective when
the revised Terms are posted (check the date at the top of this page) unless we
tell you otherwise. If you continue to use the Services after we’ve told you
about any changes, that means that you have accepted the revised Terms. We’re
always striving to make the Services better and because they are evolving over
time we may change or discontinue all or any part of the Services, at any time
and without notice, at our discretion. For example, we might stop providing a
feature that our users don’t like or use very often.
ARBITRATION NOTICE: WHEN YOU AGREE TO THESE TERMS YOU ARE
AGREEING (WITH LIMITED EXCEPTION) TO RESOLVE ANY DISPUTE BETWEEN YOU AND 6YA
THROUGH BINDING, INDIVIDUAL ARBITRATION RATHER THAN IN COURT. PLEASE REVIEW
CAREFULLY SECTION 20 “DISPUTE RESOLUTION” BELOW FOR DETAILS REGARDING
ARBITRATION (INCLUDING THE PROCEDURE TO OPT OUT OF ARBITRATION).
For information about how we collect, use and share your information
acknowledge and agree that your use of the Services is subject to our Privacy
How Our Services Work.
Direct-to-Expert Calls. Our Services
enable users seeking advice or assistance (each an “End User”) to
consult with an expert (an “Expert”). Experts may have expertise in a
service category like auto-repairs or information technology support, or have
experience in an industry like design or fashion. Some Experts are influencers
or creators who may offer advice and guidance related to their areas of
interest. Some Experts specialize in helping End Users to answer a question,
evaluate a problem, or give advice and recommendations about repairs related to
a third-party product or service (“Third-Party Product”). Each Expert
has a profile page where you can read about that Expert’s experience and
background, view the Expert’s availability, and submit a request to connect
with the Expert through the App or by phone for a “Direct-to-Expert Call.”
You may view the rate for a Direct-to-Expert Calls before making a request on
that Expert’s profile.
Service Calls. 6ya also has a network
of pre-selected Experts who are designated via the Services to answer requests
for assistance in a specific service category. End Users can make a request via
our Services to be connected to an available Expert in a specific service
category for a “Service Call”. For Services Calls, the End User does not
choose the Expert to whom they are connected—you merely indicate the service
category in which you require assistance and request to be connected with an
Expert for help or input. We refer to Direct-to-Expert Calls and Services Call
together as “Calls.”
Experts Do Not Perform Repairs.
During a Call, an Expert may provide basic diagnostic advice or other
information in a specified service category, including recommendations on how a
certain problem may be fixed or otherwise addressed. The Expert will not
perform repairs via the Call—no technical or physical repairs are delivered via
Ratings. At the end of a Call, you
will have an opportunity to complete a satisfaction survey and rate the Expert.
You can view an Expert’s ratings on that Expert’s profile. An Expert’s ratings
are based solely on the reviews of End Users like you. Ratings are not an
endorsement of, and do not reflect any opinion or evaluation of, 6ya about an
6ya Is a Platform. 6ya is a
technology services and platform provider, and our Services are limited to
facilitating connections between End Users and Experts. We do not participate
in Calls or deliver any assistance, recommendations or other services provided
by Experts. In addition, Experts are not 6ya employees or agents. 6ya is not
responsible for (i) verifying or authenticating an Expert’s credentials,
expertise, or background, or (ii) the quality, content, Expert advice,
information provided by End Users, or any other conduct, act or omission of an
Expert or End User in connection with the Services. You acknowledge that the
Services are not designed, intended or authorized to facilitate the use of
hazardous materials or engagement in hazardous activities (including without
limitation those that could lead to death, personal injury or environmental
damage). You will not use the Services to seek input or information for such
purposes. By using the Services, you agree that any legal remedy or liability
that you seek to obtain for actions or omissions of an Expert will be against
that Expert, and you agree not to attempt to impose liability on 6ya, or seek
any legal remedy from 6ya with respect to such actions or omissions.
Eligibility. You may only use the
Services if you are at least 18 years old and capable of forming a binding
contract with 6ya, and are not barred from using the Services under applicable
Registration and Your Information.
You’ll have to create an account to use certain features of the Services (“Account”).
You can do this via the Site or through your account with certain third-party
social networking services such as Facebook (each, an “SNS Account”). If
you choose the SNS Account option we’ll create your Account by extracting from
your SNS Account certain personal information such as your name and email
address and other personal information that your privacy settings on the SNS
Account permit us to access.
Accuracy of Account Information. It’s
important that you provide us with accurate, complete and up-to-date
information for your Account and you agree to update such information to keep
it accurate, complete and up-to-date. If you don’t, we might have to suspend or
terminate your Account. You agree that you won’t disclose your Account password
or verification code to anyone and you’ll notify us immediately of any
unauthorized use of your Account. You’re responsible for all activities that occur
under your Account, whether or not you know about them.
welcome your suggestions, comments or other feedback about the Services (“
”). Feedback helps us to improve the Services to
make them better and easier for you to use. You can submit Feedback by emailing
. You grant to us a
non-exclusive, transferable, worldwide, perpetual, irrevocable, fully-paid,
royalty-free license, with the right to sublicense, under any and all
intellectual property rights that you own or control to use, copy, modify,
create derivative works based upon and otherwise exploit the Feedback for any
One-Time Payments and Subscriptions.
Payments. 6ya requires payment of a
fee to use some features of our Services. Some features like Direct-to-Expert
Calls require a one-time payment (“One-Time Payment”), and others
require purchasing a subscription (a “Subscription”). When you make a
One-Time Payment, the fee you are charged may vary depending on the time of
day, and the availability of Experts. We will inform you of the applicable fee
before you make a One-Time Payment. When you make a One-Time Payment or
purchase a Subscription (each, a “Transaction”), you expressly authorize
us (or our third-party payment processor) to charge you for such Transaction.
We may ask you to supply additional information relevant to your Transaction,
including your credit card number, the expiration date of your credit card and
your email and postal addresses for billing and notification (such information,
“Payment Information”). You represent and warrant that you have the
legal right to use all payment method(s) represented by any such Payment
Information. When you initiate a Transaction, you authorize us to provide your
Payment Information to third parties so we can complete your Transaction and to
charge your payment method for the type of Transaction you have selected (plus
any applicable taxes and other charges). You may need to provide additional
information to verify your identity before completing your Transaction (such
information is included within the definition of Payment Information).
Subscriptions and Plans. We offer a
variety of Subscriptions, depending on how often a user can use our Services
and which features a user can access. If you purchase a Subscription, you will
be charged the applicable Subscription fee, plus any applicable taxes, and
other charges (“Subscription Fee”), at the beginning of your
Subscription and each renewal date thereafter, at the then-current Subscription
Fee. Your renewal date depends on which Subscription you purchase. For example,
if you purchase an annual Subscription, your renewal date will be the
anniversary of the date you purchased your Subscription. If you purchase a bi-annual
Subscription, your renewal date will be six (6) months after the date you
purchased your Subscription. If you purchase a Subscription, we (or our
third-party payment processor) will automatically charge you on the renewal
date of your Subscription, using the Payment Information you have provided
until you cancel your Subscription. If you have an annual Subscription 6ya will
send you a reminder at least fourteen (14) days prior to each renewal with the
then-current Subscription Fee. In addition, at the end of any six (6) month or
annual Subscription period, upon renewal your Subscription will be converted
into a month-to-month Subscription and you will be charged the applicable
monthly Subscription Fee on a monthly basis thereafter. By agreeing to these
Terms and electing to purchase a Subscription, you acknowledge that your
Subscription has recurring payment features and you accept responsibility for
all recurring payment obligations prior to cancellation of your Subscription by
you or 6ya. Your Subscription continues until cancelled by you or we terminate
your access to or use of the Services or Subscription in accordance with these
Terms. You may change your Subscription (for example, changing from a monthly
to an annual Subscription, or by upgrading your Subscription) by following the
instructions on our Site. If you change your Subscription, on your next renewal
date for your current Subscription, you will be charged the then-current
Subscription Fee for your new Subscription. If you make such a change, your
payment date may also change.
Tips. You may tip an Expert directly
for their services at the end of a Call (a “Tip”). Tips are considered a
One-Time Payment under these Terms.
Cancelling a One-Time Payment or
. YOUR PURCHASE IS FINAL AND YOU WILL NOT BE ABLE TO CANCEL THE
PURCHASE AND/OR RECEIVE A REFUND OF YOUR ONE-TIME PAYMENT OR SUBSCRIPTION FEE
AT ANY TIME. But if something unexpected happens in the course of completing a
Transaction, we reserve the right to cancel your Transaction for any reason; if
we cancel your Transaction we’ll refund any payment you have already remitted
to us for such Transaction. Without limiting the foregoing, you may cancel your
Subscription at any time, but please note that such cancellation will be effective
at the end of the then-current Subscription period. EXCEPT AS SET FORTH ABOVE
WITH RESPECT TO YOUR INITIAL SUBSCRIPTION PURCHASE, YOU WILL NOT RECEIVE A
REFUND OF ANY PORTION OF THE SUBSCRIPTION FEE PAID FOR THE THEN CURRENT
SUBSCRIPTION PERIOD AT THE TIME OF CANCELLATION. You may cancel your
Subscription either by logging into your account and clicking ‘Cancel Membership’,
or by contacting our customer support team via email at
You will be responsible for all Subscription Fees (plus any applicable taxes
and other charges) incurred for the then-current Subscription period. If you
cancel, your right to use the Services will continue until the end of your then
current subscription period and will then terminate without further charges. We
may cancel your Subscription if you fail to pay for your Subscription, breach
these Terms, or for any other reason in our sole discretion. IF YOUR
SUBSCRIPTION IS CANCELLED, YOU ARE RESPONSIBLE FOR PAYMENT OF ANY OUTSTANDING
BALANCES ON YOUR ACCOUNT, INCLUDING ANY FEES YOU MAY INCUR OR MAY HAVE
INCURRED, AS DESCRIBED HEREIN.
Calls Under One Minute. You will not
be charged for Calls that last less than one minute.
Promotions and Referral Programs.
6ya may, at its sole discretion, make available
promotions or incentives related to the Services. These promotions may be
subject to separate terms and conditions, and 6ya may set or change the
promotion or incentive types, amounts, terms, restrictions, and qualification
requirements at 6ya’s sole discretion. We may also provide you with or allow
you to create a referral code or link (a “
”). 6ya Codes may only be distributed for
promotional purposes and must be given away free of charge. You may not sell,
trade, or barter your 6ya Code. 6ya reserves the right to deactivate or
invalidate any 6ya Code at any time in 6ya’s discretion.
6ya reserves the right to withhold or deduct credits
or benefits obtained through a promotion if 6ya determines or believes that the
redemption of the promotion or receipt of the credit or benefit was in error,
fraudulent, illegal, or in violation of the applicable promotion terms or these
Notices. Any notices or other
communications provided by 6ya under these Terms, including those regarding
modifications to these Terms, will be given: (i) via email; or (ii) by posting
to the Services. For notices made by e-mail, the date of receipt will be deemed
the date on which such notice is transmitted.
Communications Related to the Services.
By using our Services, you agree to receive communications from us, including
emails, text messages, calls, and push notifications. You agree that texts,
calls or prerecorded messages may be generated by automatic telephone dialing
systems. You will receive calls and text messages at the phone number you
provide via your Account. Standard phone call and text messaging charges will
apply to text messages we send and calls you receive through the platform.
Calls Are Not Confidential. You
acknowledge and agree that your Calls and any other communications with Experts
via the Services are not confidential, and we encourage you to use good
judgment when sharing information with an Expert. You will not provide any
personal information about yourself or third parties, except your first name.
You are solely responsible for any information you choose to share with other
Content Ownership, Responsibility and
Definitions. For purposes of these
Terms: (i) “Content” means text, graphics, images, software, audio,
video, works of authorship of any kind, and information or other materials that
are posted, generated, provided or otherwise made available through the
Services; and (ii) “User Content” means any Content that End Users
provide to be made available through the Services. Content includes without
limitation User Content.
Our Content Ownership. 6ya does not
claim any ownership rights in any User Content and nothing in these Terms will
be deemed to restrict any rights that you may have to use and exploit your User
Content. Subject to the foregoing, 6ya and its licensors exclusively own all
right, title and interest in and to the Services and Content, including all
associated intellectual property rights. You acknowledge that the Services and
Content are protected by copyright, trademark, and other laws of the United
States and foreign countries. You agree not to remove, alter or obscure any
copyright, trademark, service mark or other proprietary rights notices
incorporated in or accompanying the Services or Content.
Rights in User Content Granted by You.
By making any User Content available through the Services you hereby grant to
6ya a non-exclusive, transferable, worldwide, royalty-free license, with the
right to sublicense, to use, copy, modify, create derivative works based upon,
distribute, publicly display, and publicly perform your User Content in
connection with operating and providing the Services and Content to you and to
Your Responsibility for User Content.
You are solely responsible for all your User Content. You represent and warrant
that you own all your User Content or you have all rights that are necessary to
grant us the license rights in your User Content under these Terms. You also
represent and warrant that neither your User Content, nor your use and
provision of your User Content to be made available through the Services, nor
any use of your User Content by 6ya on or through the Services will infringe,
misappropriate or violate a third party’s intellectual property rights, or
rights of publicity or privacy, or result in the violation of any applicable
law or regulation.
Rights in Content Granted by 6ya.
Subject to your compliance with these Terms, 6ya grants to you a limited,
non-exclusive, non-transferable license, with no right to sublicense, to view
and display the Content solely in connection with your permitted use of the
Services and solely for your personal and non-commercial purposes.
Rights and Terms for Apps.
Rights in App Granted by 6ya. Subject
to your compliance with these Terms, 6ya grants to you a limited non-exclusive,
non-transferable license, with no right to sublicense, to download and install
a copy of the App on a mobile device or computer that you own or control and to
run such copy of the App solely for your own personal non-commercial purposes.
You may not copy the App, except for making a reasonable number of copies for
backup or archival purposes. Except as expressly permitted in these Terms, you
may not: (i) copy, modify or create derivative works based on the App;
(ii) distribute, transfer, sublicense, lease, lend or rent the App to any
third party; (iii) reverse engineer, decompile or disassemble the App; or
(iv) make the functionality of the App available to multiple users through
any means. 6ya reserves all rights in and to the App not expressly granted to
you under these Terms.
Accessing App from App Store. The
following terms apply to any App accessed through or downloaded from any app
store or distribution platform (like the Apple App Store or Google Play) where
the App may now or in the future be made available (each an “App Provider”).
You acknowledge and agree that:
These Terms are
concluded between you and 6ya, and not with the App Provider, and 6ya (not the
App Provider), is solely responsible for the App.
The App Provider
has no obligation to furnish any maintenance and support services with respect
to the App.
In the event of
any failure of the App to conform to any applicable warranty, you may notify
the App Provider, and the App Provider will refund the purchase price for the
App to you (if applicable) and, to the maximum extent permitted by applicable
law, the App Provider will have no other warranty obligation whatsoever with
respect to the App. Any other claims, losses, liabilities, damages, costs or
expenses attributable to any failure to conform to any warranty will be the
sole responsibility of 6ya.
The App Provider
is not responsible for addressing any claims you have or any claims of any
third party relating to the App or your possession and use of the App,
including, but not limited to: (i) product liability claims; (ii) any
claim that the App fails to conform to any applicable legal or regulatory
requirement; and (iii) claims arising under consumer protection, privacy, or
In the event of
any third-party claim that the App or your possession and use of that App
infringes that third party’s intellectual property rights, 6ya will be solely
responsible for the investigation, defense, settlement and discharge of any
such intellectual property infringement claim to the extent required by these
The App Provider,
and its subsidiaries, are third-party beneficiaries of these Terms as related
to your license to the App, and that, upon your acceptance of the Terms, the
App Provider will have the right (and will be deemed to have accepted the
right) to enforce these Terms as related to your license of the App against you
as a third-party beneficiary thereof.
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 must also
comply with all applicable third-party terms of service when using the App.
General Prohibitions and 6ya’s Enforcement
We really want everyone to have a
great experience and to feel safe when using the Services. Accordingly, you
agree that you won’t do any of the following:
Allow any other
person to use your Account, or create more than one Account;
Use the Services
to make untruthful, misleading or inaccurate statements about a Third-Party
Product, including without limitation, any problems you have with a Third-Party
Say or do anything
that (i) infringes, misappropriates or violates any intellectual property
rights, rights of privacy, rights of publicity or any other rights of others;
(ii) may result in harm, injury or damage to a person or product; (iii) is
defamatory, abusive, harmful, offensive or hateful; (iv) is obscene,
pornographic, indecent or sexually explicit, or depicts graphic, excessive or
gratuitous violence; (v) violates, or encourages any conduct that would
violate, any applicable law or regulation or would give rise to civil
liability; (vi) promotes illegal or harmful activities or substances; or (vii)
in 6ya’s judgment, is objectionable or may expose 6ya or End Users of the
Services to harm or liability of any type;
Services with viruses, corrupted data or other harmful, disruptive or
destructive files or code;
Record any call or
conversation with an Expert;
Use the Services
in any way that could interfere with an End User’s enjoyment of the Services or
that could impair the functioning of the Services;
threaten, stalk, bully or otherwise harass End Users or Experts;
Post spam or other
unsolicited commercial messages through the Services;
Use the Services
for any commercial purpose, or for the benefit of any third party;
mirror or frame the Services or any individual element within the Services,
6ya’s name any 6ya trademark, logo or other proprietary information, or the
layout and design of any page or form contained on a page, without 6ya’s
with, or use non-public areas of the Services, 6ya’s computer systems, or the
technical delivery systems of 6ya’s providers;
Attempt to probe,
scan or test the vulnerability of any 6ya system or network or breach any
security or authentication measures;
attempt to circumvent any filtering, security measures, rate limits or other
features designed to protect the Services, our End Users or Experts, or third
or engage in any way or form with other End Users or Experts for the purpose of
generating fake Calls, fake ratings and reviews, or any similar activity;
decipher, decompile, disassemble or reverse engineer any of the software used
to provide the Services;
request or share any personal information about other End Users or Experts
without their express permission;
Share or disclose
any information you are contractually or legally required to keep confidential;
misrepresent your affiliation with, any person or entity;
applicable law or regulation; or
enable any other individual to do any of the foregoing.
You can report inappropriate behavior by an Expert by
emailing us at
. Although we’re not obligated to monitor access to or use
of the Services or Content or to review or edit any Content, we have the right
to do so for the purpose of operating the Services, to ensure compliance with
these Terms and to comply with applicable law or other legal requirements. We
reserve the right, but are not obligated, to remove or disable access to any
Content, at any time and without notice, including, but not limited to, if we,
at our sole discretion, consider any Content to be objectionable or in violation
of these Terms. We have the right to investigate violations of these Terms or
conduct that affects the Services. We may also consult and cooperate with law
enforcement authorities to prosecute users who violate the law.
We respect copyright law and expect our users to do
the same. It is our policy to terminate in appropriate circumstances 6ya
Account holders who repeatedly infringe or are believed to be repeatedly
infringing the rights of copyright holders. Please see our Copyright and IP
Links to Third Party Websites or Resources.
The Services (including the App) may contain links
to third-party websites or resources. We provide these links only as a
convenience and are not responsible for the content, products or services on or
available from those websites or resources or links displayed on such websites.
You acknowledge sole responsibility for and assume all risk arising from, your
use of any third-party websites or resources.
may terminate your access to and use of the Services, at our sole discretion,
at any time and without notice to you. You may cancel your Account at any time
by sending an email to us at
Upon any termination, discontinuation or cancellation of the Services or your
Account, the following Sections will survive: 6, 10(c), 10(d), and 16-21.
Warranty Disclaimers. THE SERVICES
AND CONTENT ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND. WITHOUT
LIMITING THE FOREGOING, WE EXPLICITLY DISCLAIM ANY IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT AND
NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE
OF TRADE. We make no warranty that the Services will meet your requirements or
be available on an uninterrupted, secure, or error-free basis. We make no
warranty regarding the quality, accuracy, timeliness, truthfulness,
completeness or reliability of any Content.
No Liability for Expert or End User
. We are not responsible for any damage or harm resulting from
an Expert’s communications or interactions with End Users via Calls or
otherwise. If you don’t like or disagree with the advice or recommendations
provided by an Expert, don’t follow it. The Expert’s advice isn’t a substitute
for any other specialized advice you may receive relating to your request and
6ya isn’t responsible for any damage to, or replacement or repair of, any of
your property resulting from you following an Expert’s advice or
recommendations. 6ya is not responsible or liable for the conduct of Experts,
End Users or other users.
You will indemnify and hold harmless 6ya and its officers, directors,
employees and agents from and against all claims, disputes, demands,
liabilities, damages, losses, and costs and expenses, including, without
limitation, reasonable legal and accounting fees, arising out of or in any way
connected with (i) your access to or use of the Services or Content, (ii) your
User Content, or (iii) your violation of these Terms.
Limitation of Liability.
6YA AND ITS OFFICERS, DIRECTORS, EMPLOYEES
AND AGENTS WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INCIDENTAL,
SPECIAL, INDIRECT, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES INCLUDING, BUT
NOT LIMITED TO, DAMAGES FOR LOSS OF PROPERTY, PHYSICAL LOSSES, DEATH, LOST
PROFITS, LOST REVENUES, LOST SAVINGS, LOST BUSINESS OPPORTUNITY, LOSS OF DATA
OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR ANY
OTHER DAMAGES OR LOSSES, OR THE COST OF SUBSTITUTE SERVICES OF ANY KIND ARISING
OUT OF OR RELATED TO THESE TERMS, THE SERVICES, EXPERT SERVICES OR ANY ADVICE
OR RECOMMENDATIONS PROVIDED BY EXPERTS, HOWEVER CAUSED AND IN WHATEVER FORMAT
OR MEDIA (INCLUDING, WITHOUT LIMITATION, VIA CALLS), REGARDLESS OF THE THEORY
OF LIABILITY (CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT
LIABILITY, STRICT LIABILITY OR ANY OTHER LEGAL THEORY) AND WHETHER OR NOT 6YA
OR ANY OTHER PARTY HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF
A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL
PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CONSEQUENTIAL OR
INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
IN NO EVENT WILL 6YA’S TOTAL LIABILITY
ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR
INABILITY TO USE THE SERVICES OR CONTENT EXCEED THE AMOUNTS YOU HAVE ACTUALLY
PAID TO 6YA (IF ANY) IN CONNECTION WITH THE SERVICES IN THE TWELVE (12) MONTHS
PRIOR TO THE OCCURRENCE OF SUCH LIABILITY, OR ONE HUNDRED DOLLARS ($100), IF
YOU HAVE HAD NO PAYMENT OBLIGATIONS TO 6YA, AS APPLICABLE.
THE EXCLUSIONS AND LIMITATIONS OF DAMAGES
SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN
6YA AND YOU.
Governing Law and Forum Choice.
These Terms and any action related thereto will be
governed by the
Federal Arbitration Act, federal
arbitration law, and the
laws of the State of California, without regard
to its conflict of laws provisions. Except as otherwise expressly set forth in
Section 20 “Dispute Resolution,” the exclusive jurisdiction for all Disputes
(defined below) that you and 6ya are not required to arbitrate will be the
state and federal courts located in the Northern District of California, and
you and 6ya each waive any objection to jurisdiction and venue in such courts.
Mandatory Arbitration of Disputes. We
each agree that any dispute, claim or controversy arising out of or relating to
these Terms or the breach, termination, enforcement, interpretation or validity
thereof or the use of the Services or Content (collectively, “Disputes”)
will be resolved
solely by binding, individual arbitration and not in a
class, representative or consolidated action or proceeding
. You and 6ya
agree that the U.S. Federal Arbitration Act governs the interpretation and
enforcement of these Terms, and that you and 6ya are each waiving the right to
a trial by jury or to participate in a class action. This arbitration provision
shall survive termination of these Terms.
Exceptions and Opt-out. As limited
exceptions to Section 20(a)20(a) above: (i) you may seek to resolve a
Dispute in small claims court if it qualifies; and (ii) we each retain the
right to seek injunctive or other equitable relief from a court to prevent (or
enjoin) the infringement or misappropriation of our intellectual property
rights. In addition, you
will retain the right to opt out of
arbitration entirely and litigate any Dispute
if you provide us with written
notice of your desire to do so by email at
within thirty (30) days following the date you first agree to these Terms.
Conducting Arbitration and Arbitration
. The arbitration will be conducted by the American Arbitration
Association (“AAA”) under its Consumer Arbitration Rules (the “
”) then in effect, except as modified by these Terms. The AAA Rules
are available at
or by calling 1-800-778-7879.
A party who wishes to start arbitration must submit a written Demand for
Arbitration to AAA and give notice to the other party as specified in the AAA
Rules. The AAA provides a form Demand for Arbitration at
If your claim is for U.S. $10,000 or less, you
may choose whether the arbitration will be conducted solely on the basis of
documents submitted to the arbitrator, through a telephonic or video-conference
hearing, or by an in-person hearing as established by the AAA Rules. If your
claim exceeds U.S. $10,000, the right to a hearing will be determined by the
AAA Rules. Any arbitration hearings will take place in the county (or parish)
where you live, unless we both agree to a different location. The parties agree
that the arbitrator shall have exclusive authority to decide all issues
relating to the interpretation, applicability, enforceability and scope of this
Arbitration Costs. Payment of all
filing, administration and arbitrator fees will be governed by the AAA Rules.
We’ll pay for all filing, administration and arbitrator fees and expenses if
your Dispute is for less than $10,000, unless the arbitrator finds your Dispute
frivolous. If we prevail in arbitration we’ll pay all of our attorneys’ fees
and costs and won’t seek to recover them from you. If you prevail in
arbitration you will be entitled to an award of attorneys’ fees and expenses to
the extent provided under applicable law.
Class Action Waiver. YOU AND 6YA
AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS
INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED
CLASS OR REPRESENTATIVE PROCEEDING. Further, if the parties’ dispute is
resolved through arbitration, the arbitrator may not consolidate another
person's claims with your claims, and may not otherwise preside over any form
of a representative or class proceeding. If this specific provision is found to
be unenforceable, then the entirety of this Dispute Resolution section shall be
null and void.
Effect of Changes on Arbitration.
Notwithstanding the provisions of Section 2 “Changes to Terms or Services”
above, if 6ya changes any of the terms of this Section 20 “Dispute Resolution”
after the date you first accepted these Terms (or accepted any subsequent
changes to these Terms), you may reject any such change by sending us written
notice (including by email to
within 30 days of the date such change became effective, as indicated in the
“Last Updated” date above or in the date of 6ya’s email to you notifying you of
such change. By rejecting any change, you are agreeing that you will arbitrate
any Dispute between you and 6ya in accordance with the terms of this Section 20
“Dispute Resolution” as of the date you first accepted these Terms (or accepted
any subsequent changes to these Terms).
Severability. With the exception of
any of the provisions in Section 20(e) of these Terms ("Class Action
Waiver"), if an arbitrator or court of competent jurisdiction decides that
any part of these Terms is invalid or unenforceable, the other parts of these
Terms will still apply.
Entire Agreement. These Terms
constitute the entire and exclusive understanding and agreement between 6ya and
you regarding the Services and Content, and these Terms supersede and replace
any and all prior oral or written understandings or agreements between 6ya and
you regarding the Services and Content. If any provision of these Terms is held
invalid or unenforceable by an arbitrator or a court of competent jurisdiction,
that provision will be enforced to the maximum extent permissible and the other
provisions of these Terms will remain in full force and effect. You may not
assign or transfer these Terms, by operation of law or otherwise, without 6ya’s
prior written consent. 6ya may freely assign these Terms. Any attempt by you to
assign or transfer these Terms, without such consent, will be null. 6ya may
freely assign or transfer these Terms without restriction. Subject to the
foregoing, these Terms will bind and inure to the benefit of the parties, their
successors and permitted assigns.
Waiver of Rights. 6ya’s failure to
enforce any right or provision of these Terms will not be considered a waiver
of such right or provision. The waiver of any such right or provision will be
effective only if in writing and signed by a duly authorized representative of
6ya. Except as expressly set forth in these Terms, the exercise by either party
of any of its remedies under these Terms will be without prejudice to its other
remedies under these Terms or otherwise.
If you have any questions about these Terms or the Services, please
contact 6ya at
, or by mail at:
2010 El Camino Real PMB 3103
Santa Clara, CA 95050