Terms & Conditions

Terms & Conditions

IMPORTANT – READ CAREFULLY: These Terms of Use (“Terms”) are a legally binding agreement between you (“User”) and The 6th Element, for the use of this Website (the “Website”), including the purchase of merchandise and services advertised on this Website (“Order” or “Orders”). Access to and use of this Website by any User is subject to these Terms, including any modifications or additions to these Terms from time to time issued by The 6th Element, and all applicable laws and regulations.{‘ ‘} BY ACCESSING OR USING THIS WEBSITE OR PLACING AN ORDER, USER AGREES TO BE BOUND BY THESE TERMS, INCLUDING THE WARRANTY DISCLAIMERS, LIMITATIONS OF LIABILITY AND TERMINATION PROVISIONS BELOW. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE THIS WEBSITE

General

• This Website provides information about The 6th Element and its merchandise and services and facilitates the purchase of such merchandise and services. All merchandise advertised on this Website is available for delivery throughout the World. Use of this Website is limited to legitimate purposes. The 6th Element may, from time to time, introduce new features to this Website, or modify or delete existing features, in its sole discretion. The 6th Element shall notify User of any of these changes to features to the extent The 6th Element is required by law to do so. By using any new or modified features when they become available, User agrees to be bound by these Terms concerning such features.
• Any access or attempted access of other areas of The 6th Element’s computer systems or other information contained therein for any purpose is strictly prohibited. User agrees not to interfere in any way with others’ use of or access to this Website or to take any action that imposes an unreasonable or unusually large load on this Website. The 6th Element reserves the right to report any activity that it reasonably suspects violates any law or regulation and to disclose any information to law enforcement officials, regulators, or other appropriate third parties.
• The 6th Element has the right in its sole discretion, and without prior notice and from time to time, to modify these Terms with respect to User’s access to or use of this Website. Such modifications and additions shall be effective immediately upon posting the modified Terms to this Website, which posting shall be deemed notice to User. If User disagrees with the changes to these Terms, User should discontinue User’s use of this Website. Any access to or use of this Website after posting of modifications or additions to these Terms shall constitute and be deemed to be such User’s agreement to such modified Terms.{‘ ‘} The 6TH ELEMENT RESERVES THE RIGHT, AT ANY TIME AND FROM TIME TO TIME, TO CHANGE ITS ORDERING AND BILLING PROCEDURES EFFECTIVE UPON POSTING SUCH CHANGES ON THIS WEBSITE.
• The 6th Element has the right to modify, suspend or discontinue, temporarily or permanently, this Website, any merchandise or services advertised by The 6th Element through this Website, or any User’s right to access or use any portion of this Website, in The 6th Element’s sole discretion, at any time and without prior notice, for any reason, including without limitation: (1) attempts by User (or other party) to gain unauthorized access to this Website or assist others in attempting to do so, (2) User (or other party) disabling any security features on this Website, (3) User’s violation of these Terms, (4) failure of User to pay for merchandise or services ordered hereunder or any related charges, (5) suspected or actual infringement of a third party’s intellectual property rights, or (6) pursuant to requests by law enforcement or other government agencies. The obligations and liabilities of User incurred prior to the termination date shall survive the termination of these Terms for all purposes.{‘ ‘} {‘ ‘} USER ACKNOWLEDGES AND AGREES THAT THE 6TH ELEMENT SHALL NOT BE LIABLE TO USER OR TO ANY THIRD PARTY FOR ANY MODIFICATION, SUSPENSION OR DISCONTINUANCE OF THIS WEBSITE OR ANY MERCHANDISE OR SERVICES ADVERTISED ON THIS WEBSITE OR ORDERED BY USER THROUGH THIS WEBSITE.

Orders

• To purchase any merchandise and/or services on this Website, User must be legally permitted to enter into a legally binding contract (at least eighteen (18) years old in most jurisdictions. Prior to the purchase of any merchandise or services on this Website, User must provide a valid credit card number (or other payment method acceptable to The 6th Element) and related payment information, including all of the following: (i) User’s name exactly as it appears on the credit card, (ii) User’s credit card number, (iii) the credit card type, (iv) the date of expiration and (v) any activation numbers or codes needed to charge User’s credit card. By submitting that information, User hereby authorizes The 6th Element to charge User’s credit card for such purchases. The risk of loss and title for all merchandise ordered on this Website passes to User when the merchandise is delivered to the shipping carrier.
• USER REPRESENTS AND WARRANTS TO THE 6TH ELEMENT THAT USER IS AUTHORIZED TO ENTER INTO AND BE BOUND BY THESE TERMS. {‘ ‘} By ordering merchandise or services on this Website, User shall be deemed to have ordered the specified merchandise and/or services from The 6th Element pursuant to these Terms. The acceptance and fulfillment by The 6th Element of any Order placed on this Website is subject to User’s acceptance of and compliance with all of these Terms. User accepts these Terms by placing an Order through this Website or by receiving delivery of any merchandise ordered by User from this Website. All other contrary terms and conditions are hereby rejected by The 6th Element, and no addition or modification to these Terms shall be binding unless specifically agreed to in writing by The 6th Element. The 6th Element e shall not be deemed to have accepted User’s Order unless and until The 6th Element sends to User, through electronic means or other written communication, an acknowledgment that User’s Order has been received and accepted by The 6th Element, and will be fulfilled by The 6th Element. The 6th Element’s acceptance of any Order by User is made only with the express understanding that these Terms shall govern any Order placed by User.
• All prices for merchandise and services on this Website are quoted in U.S. currency. User shall be responsible for any tax or other governmental charge related to the sale, use or delivery of the merchandise or services, including, but not limited to, sales tax, use tax, retailer’s occupational tax, and value added tax. The 6th Element shall automatically charge User’s credit card and withhold the applicable tax for Orders to be delivered to addresses in any states, localities or other jurisdictions that it deems is required, however The 6th Element’s failure to do so shall not relieve User of any liability for such taxes.
• Merchandise availability is subject to change at any time. The 6th Element makes no representations or warranties regarding the availability of merchandise in all areas. The 6th Element shall have the right to refuse or cancel any Orders for merchandise and/or services listed at an incorrect price or rebate amount, or containing any other incorrect information or typographical errors. The 6th Element shall have the right to refuse or cancel any such Orders whether or not the Order has been accepted by The 6th Element and/or User’s credit card has been debited. If User’s credit card has already been charged for the Order and User’s Order is refused or canceled, The 6th Element shall promptly issue a credit to User’s credit card account in the amount of the charge.
• All payments for Orders on this Website must be made by VISA, MasterCard. Except as may be expressly set forth on this Website, The 6th Element does not accept any other payment form. User’s credit card agreement with the issuer of such card shall govern User’s use of such credit card, and User must look only to that agreement and not to these Terms to determine User’s rights and obligations relating thereto. User agrees to pay all fees and charges, including taxes incurred in connection with User’s Orders, at the rates in effect when the charges were incurred. Unless User notifies The 6th Element of any discrepancies in charges for Orders placed through this Website within sixty (30) days after they first appear on User’s credit card statement, User agrees that such charges will be deemed accepted by User for all purposes hereunder. In the event The 6th Element does not receive payment from User’s credit card issuer or its agent, User shall pay all amounts due upon demand by The 6th Element. User shall remain responsible for any unauthorized charges to or Orders using User’s credit card including unauthorized use by a third party. If The 6th Element does not receive payments when they are due, then User agrees to pay all amounts owed to The 6th Element upon demand by The 6th Element. If The 6th Element is unable to collect amounts owed on User’s accounts, The 6th Element may refer those accounts to a collection agency, and User will be responsible for all costs of collection.
• Policy for Return of Merchandise. By placing an Order on this Website, User indicates that User has read and agrees to The 6th Element’s Returns Policy. The Returns Policy may be changed from time to time and is effective immediately after The 6th Element posts such changes on this Website. In addition, when using particular services on this Website, User agrees that User is subject to any posted policies or rules applicable to any such services User uses through this Website, that may be posted on this Website from time to time. Any such posted policies or rules are hereby incorporated by reference into this Agreement as if fully set forth herein.

Website Use

• Users who wish to order certain merchandise or services using this Website or to access “My Account” are required to provide their email address to register on this Website. The 6th Element may accept or reject any Registration Agreement in its sole discretion. User represents and warrants that the information provided when registering is accurate, complete and current as of the date submitted and that User will update such information from time to time as necessary. These Terms shall be incorporated into, and form an integral part of, each Registration Agreement. As part of the registration process, User will select a user name (“User Name”) and a password (“Password”) to access the User Name. User’s User Name and Password are User’s credentials to access this Website. User may not have a User Name that is vulgar, attempts to impersonate another person or violates the rights of others. The 6th Element also may reject any User Name that The 6th Element determines in its discretion is unacceptable for use on this Website. User is solely responsible for all use of this Website under its User Name and Password and for maintaining the confidentiality of its User Name and Password and will (i) promptly notify The 6th Element of any actual or suspected unauthorized use of this Website and (ii) ensure that User exits from User’s account at the end of each session.
• By establishing a User Name with The 6th Element, and each time User submits an Order through this Website, User authorizes The 6th Element to contact User at User’s e-mail address. User may stop receiving The 6th Element The 6th Element’s marketing e-mails by following the opt-out procedures set forth in such e-mails.
• User is solely responsible for maintaining the security of its User Name and Password. User may not disclose its User Name or Password to any third party (other than third parties authorized by User to use User’s account) and is solely responsible for any use of or action taken under its User Name and Password on this Website. User is responsible for changing its User Name and Password if either is compromised. User agrees that The 6th Element, in its sole discretion, may terminate User’s Password or User Name or use of this Website for any reason, including, without limitation, for lack of use, or if The 6th Element believes that User has violated or acted inconsistently with the letter or spirit of these Terms. User agrees that any termination of User’s Password or User Name or use of this Website may be effected without prior notice and acknowledges and agrees that The 6th Element may immediately deactivate or delete User’s account and all related information and files and/or bar any further access to such information and files. User agrees that The 6th Element shall not be liable to User or any third party for any termination of User’s access, as provided herein.
• The 6th Element may, at its option, change the parameters for passwords used to access this Website without prior notice to User. If The 6th Element does so, User will be prompted, and will be required, to change its Password the next time User accesses this Website under the User Name. To prevent unauthorized access to User accounts and to prevent unauthorized use of this Website, User agrees to protect and keep confidential its User Name, Password or other means of accessing User accounts on this Website. If User discloses User’s User Name and/or Password to any person(s) or entity, User assumes all risks and losses associated with such disclosure. If User permits any other person(s) or entity to use this Website with User’s User Name, Password, or other means of accessing User accounts, User is responsible for any transactions and activities performed from User accounts and for any use of User personal and account information by such person(s) or entity.
• The 6th Element cannot and will not be liable for any loss or damage arising from User’s failure to comply with User’s obligations hereunder. The 6th Element reserves the right to suspend or terminate any User Name or Password upon notice to User that it reasonably determines may have been used for an unauthorized purpose. The 6th Element will not be liable for any damage, injury or other such loss that User incurs by failing to maintain the confidentiality of the password or by otherwise failing to comply with these Terms.
• User may use the records, documents and information obtained through this Website only as necessary to use this Website’s services or to place an Order with The 6th Element. Without limiting the foregoing or expanding any User rights hereunder, User agrees that it will not (A) republish, reproduce, sell, resell, distribute (through linking or framing or otherwise) or make any commercial use of this Website (other than the ordering of merchandise in accordance with these Terms and the Registration Agreement) or any of the information available through this Website; (B) make any use of any such information or the facilities of The 6th Element that would allow an unauthorized third party to have access to or the benefits of this Website; (C) collect or use other users’ e-mail addresses or other users’ information, ratings or listings, or otherwise conduct any data extraction or data mining whatsoever.
• User agrees that, while using this Website, User will not: (A) transmit or post on this Website any message under a false name; (B) transmit or post on this Website any unlawful, libelous, defamatory, threatening, abusive, harassing or otherwise objectionable information of any kind, including, without limitation, any transmission constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability under or otherwise violate any applicable law; (C) transmit or post on this Website any record, document or information that discloses private or personal matters concerning any person, including, but not limited to, messages or information that would violate a person’s rights of privacy or publicity; (D) transmit or post on this Website any record, document, information, file or software that contains a virus, worm, Trojan Horse or any other contaminating or destructive features; (E) transmit or post on this Website any record, document, information, data, image or program that would violate the property rights of others, including unauthorized copyrighted text, images or programs, trade secrets, confidential or other proprietary information, or use of trademarks or service marks in an infringing fashion; (F) interfere, in any way, with other use of or access to this Website; (G) offer for sale or sell illegal merchandise, including counterfeit merchandise or merchandise or services that violate or infringe upon the patent rights, copyrights, trade secrets, trademarks or other intellectual property rights or other rights of any person or entity; or (H) modify, delete or alter any information or Order placed by or on behalf of any other user.
• User agrees to comply with all applicable laws, statutes and regulations regarding use of this Website, including ordering and/or purchasing merchandise and services. The 6th Element may report fraudulent conduct to law enforcement authorities, and The 6th Elemen will cooperate with such authorities. The 6th Element reserves the right to report any activity that it suspects violates any law or regulation to appropriate law enforcement or regulatory officials. In order to cooperate with governmental requests, to protect The 6th Element’s systems and customers, or to ensure the integrity and operation of The 6th Element’s business and systems, The 6th Element may access and disclose any information it considers necessary or appropriate, including, without limitation, User contact details, IP addressing and traffic information, usage history and posted content. User agrees to comply with all local rules regarding online conduct and acceptable content. User agrees to comply with all applicable laws regarding the transmission of technical data exported from TURKEY or the country in which User resides.
• Confidentiality: The 6th Element holds the confidentiality of its Users in the highest regard and will take all commercially reasonable measures not to disclose information about User or User’s communications to any other party, except when The 6th Element believes, in good faith, that such action is reasonably necessary to: (i) comply with applicable law or with legal process; (ii) enforce these Terms; (iii) respond to claims that any content violates the rights of third parties; or (iv) protect the legitimate interests of The 6th Element or others. Notwithstanding the foregoing, User acknowledges and agrees that any information it enters in this Website may be viewed by any other user with access to User’s Customer Number. Notwithstanding the foregoing, User agrees that any information or materials that User or individuals acting on User’s behalf provide to The 6th Element will not be considered confidential or proprietary. By providing any such information or materials to The 6th Element, User grants to The 6th Element an unrestricted, irrevocable, worldwide, royalty-free license to use, reproduce, display, publicly perform, transmit and distribute such information and materials. User further agrees that The 6th Element is free to use any ideas, concepts or know-how that User, or individuals acting on User’s behalf, provides to The 6th Element. User hereby agrees that any comments, feedback or recommendations of User for the improvement or modification of this Website or the merchandise or services advertised herein shall be the sole property of The 6th Element.
• Privacy Policy. Registration data, and certain other information about User, is subject to The 6th Element’s Privacy Policy. The 6th Element does not sell, rent or give personally identifiable information about Users to third parties, except to the extent specified in these Terms or in its Privacy Policy, User must disclose certain personally identifiable information to use this Website, register and make purchases. As a condition of registering on this Website or making any purchases of any merchandise and/or services or conducting any transactions, User represents that User has first read The 6th Element’s Privacy Policy and consents to the collection, use and disclosure of User’s Personally Identifiable Information and Non-Personally Identifiable Information as described in The 6th Element’s Privacy Policy. The 6th Element’s Privacy Policy’s terms and conditions will change from time to time, and as a condition of browsing this Website, using any features or making any purchase, User agrees that User will first review The 6th Element’s Privacy Policy prior to making any initial or subsequent purchases.
• While The 6th Element takes reasonable steps to safeguard and to prevent unauthorized access to User’s personal information, The 6th Element cannot be responsible for the acts of those who gain unauthorized access, and The 6th Element makes no warranty, express, implied or otherwise, that The 6th Element will prevent unauthorized access to User’s private information.{‘ ‘} IN NO EVENT SHALL THE 6TH ELEMENT OR ITS AFFILIATES OR SUPPLIERS BE LIABLE FOR ANY DAMAGES (WHETHER CONSEQUENTIAL, DIRECT, INCIDENTAL, INDIRECT, PUNITIVE, SPECIAL OR OTHERWISE) ARISING OUT OF, OR IN ANY WAY CONNECTED WITH, A THIRD PARTY’S UNAUTHORIZED ACCESS TO USER’S PERSONAL INFORMATION, REGARDLESS OF WHETHER SUCH DAMAGES ARE BASED ON CONTRACT, STRICT LIABILITY, TORT OR OTHER THEORIES OF LIABILITY, AND ALSO REGARDLESS OF WHETHER THE 6TH ELEMENT WAS GIVEN ACTUAL OR CONSTRUCTIVE NOTICE THAT DAMAGES WERE POSSIBLE .

Website Content

• The information and materials posted on this Website by The 6th Element or any other party may contain errors, omissions or typographical errors or may be out of date. The 6th Element may change, delete or update any information or materials posted by The 6th Element at any time, from time to time, without prior notice. The information and materials posted on this Website by The 6th Element are provided for informational purposes only and are not binding on The 6th Element in any way except as otherwise expressly agreed to in writing by The 6th Element.
• The 6th Element is not liable for content that is provided by others, if any. The 6th Element cannot and does not screen the content provided by users of this Website. Notwithstanding the foregoing, The 6th Element reserves the right to monitor content on this Website and to remove content that The 6th Element, in its sole discretion, determines to be harmful, offensive or otherwise in violation of applicable law, these Terms or the spirit of this Website. The 6th Element is not responsible for any failure or delay in removing such material. The 6th Element is not responsible for content made available on the Internet.
• Links and references on this Website to other Internet websites operated by third parties, if any, including The 6th Element’s corporate partners, do not constitute sponsorship, endorsement or approval by The 6th Element of the content, policies or practices of such linked or referenced websites. Linked and referenced websites are not operated, controlled or maintained by The 6th Element, and The 6th Element is not responsible for the availability, content, policies or practices of linked or referenced websites. Links and references to other websites are provided for User’s convenience only, and User accesses them at User’s own risk.

DISCLAIMER OF WARRANTY: {‘ ‘} USER UNDERSTANDS AND AGREES THAT USER’S USE OF THIS WEBSITE IS AT USER’S SOLE RISK AND THAT THIS WEBSITE AND ALL INFORMATION, MERCHANDISE, AND OTHER CONTENT (INCLUDING THIRD-PARTY INFORMATION, MERCHANDISE AND CONTENT) INCLUDED IN OR ACCESSIBLE FROM THIS WEBSITE ARE PROVIDED ON AN “AS IS,” WHERE-IS” AND “WHERE AVAILABLE” BASIS, AND ARE SUBJECT TO CHANGE AT ANY TIME WITHOUT NOTICE TO USER. TO THE FULLEST EXTENT PERMITTED BY LAW, THE 6TH ELEMENT DISCLAIMS ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS OF ANY KIND (EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDED, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS) AS TO THIS WEBSITE AND ALL INFORMATION, MERCHANDISE AND OTHER CONTENT (INCLUDING THIRD PARTY INFORMATION, MERCHANDISE AND CONTENT) INCLUDED IN OR ACCESSIBLE FROM THIS WEBSITE. NO LINCENSE TO USER IS IMPLIED IN THESE DISCLAIMERS. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, (I) THE 6TH ELEMENT MAKES NO WARRANTIES OR REPRESENTATIONS WHATSOEVER CONCERNING THIS WEBSITE OR ANY OTHER INTERNET WEBSITE, THE ACCESS TO, OR THE AVAILABILITY OR USE OF THIS WEBSITE OR ANY OTHER INTERNET WEBSITE, THE INFORMATION, MATERIALS, RECORDS OR DOCUMENTS FROM WHATEVER SOURCE, POSTED OR REFERRED TO IN THIS WEBSITE OR ANY OTHER INTERNET WEBSITE OR SONTENT, ACCURACY, COMPLETENESS OR TIMELINES OF SUCH INFORMATION, MATERIALS, RECORDS OR DOCUMENTS; (II) THE 6TH ELEMENT DOES NOT WARRANT TO REPRESENT THAT USER’S ACCESS TO, OR USE OF, THIS WEBSITE OR ANY OTHER INTERNET WEBSITE WILL BE UNINTERRUPTED OR FREE OF ERRORS OR OMISSIONS, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS WEBSITE OR ANY OTHER INTERNET WEBSITE I, OR THE RECORDS, DOCUMENTS, SOFTWARE OR FILES FROM WHATEVER SOURCE AVAILABLE FOR USE OR DOWNLOADING ARE, FREE OF COMPUTER VIRUSES OR OTHER HARMFUL COMPONENTS; (III) THE 6TH ELEMENT DOES NOT REPRESENT OR WARRANT THAT ANY MERCHANDISE OR SERVICES LISTED ON, OR ACCESSED THROUGH, THIS WEBSITE WILL BE AVAILABLE FOR PURCHASE OR NOT WITHDRAWN BY THE LISTING VENDOR AT ANYTIME. AND IT MAKES NO REPRESENTATION OR WARRANTY OF ANY KIND WHATSOEVER CONCERNING SUCH MERCHANDISE OR SERVICE; AND (IV) THE 6TH ELEMENT DOES NOT REPRESENT OR WARRANT THE ACCURACY, FUNCTIONALITY, SPECIFICATIONS OR ANY OTHER ASPECT OF MERCHANDISE FROM WHATEVER SOURCE POSTED OR ACCESSED THROUGH THIS WEBSITE. USER ACKOWLEDGES AND AGREES THAT THE ONLY WARRANTIES ON ANY MERCHANDISE AVAILABLE ON THIS WEBSITE SHALL BE THE WARRANTIES INCLUDED WITH SUCH MERCHANDISE, IF ANY. PLEASE NOTE THAT SOME JURIDSICTIONS MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO USER.

LIMITATION ON LIALIABILITY: {‘ ‘} UNDER NO CIRCUMSTANCES WILL THE 6TH ELEMENT BE LIABLE TO USER OF ANY OTHER ENTITY OR PERSON FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL OR PUNITIVE DAMGES, WHETHER IN CONTRACT OR TORY, INCLUSING NEGLIGENCE, TORT (INCLUDING NEGLIGENCE) OR OTHER LEGAL THEORY, ARISING IN ANY WAY OUT OF, OR IN ANY WAY RELATED TO, ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THIS WEBSITE OR ANY OTHER INTERNET WEBSITE OR THE CONTENTS OF THIS WEBSITE OR ANY OTHER INTERNET WEBSITE, INCLUDING BUT NOT LIMITED TO LOST PROFITS, SALES OR GOODWILL, BUSINESS INTERRUPTION, OR LOSS OF PROGRAMS OR OTHER DATA ON COMPUTER SYSTEMS OR OTHERWISE, EVEN IF ENERGY MUSE IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. USER AGREES THAT USER’S ONLY REMEDY FOR ANY USE OF OR DISSATISFACTION WITH THIS WEBSITE OR THE 6TH ELEMENT SHALL BE DISCONTINUE USE OF THIS WEBSITE. IF A DISPUTE ARISES BETWEEN TWO OR MORE USERS, OR BETWEEN A USER AND A THIRD-PARTY VENDOR, EACH USER RELEASES THE 6TH ELEMENT (AND ITS AFFILIATES AND THEIR RESPECTIVE AGENTS AND EMPLOYEES) FROM CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED TO SUCH DISPUTES.

• Trademarks and Copyrights. Unless otherwise noted, the trademarks, logos, photography, brand names and service marks used on this Website are owned by The 6th Element or by third parties that have licensed their use to The 6th Element. User may print copies of the content of this Website, provided that these copies are made only for personal use and that any notices contained in any such content, such as all copyright notices, trademark legends, or other proprietary rights notices, are maintained. Other use of these marks or Website content, except as specifically permitted in these Terms or in a writing signed by The 6th Element, is strictly prohibited. Elements of this Website are protected by trade dress, trademark, unfair competition and other state and federal laws and, except as expressly permitted herein, may not be copied or imitated in whole or in part by any means, including, but not limited to, the use of framing or mirrors. User shall not store electronically any significant portion of this Website.
• Indemnification. User agrees to defend, indemnify and hold harmless The 6th Element, its corporate affiliates and partners, and their affiliates and related entities and their respective directors, officers, shareholders, employees and agents from and against all claims, losses, damages, liabilities and costs (including, but not limited to, reasonable attorneys’ fees and court costs), arising out of or relating to User’s breach of these Terms or User’s access to or use of this Website and any transactions under User’s affected Customer Number, User Name and/or Password. The foregoing indemnification obligation shall survive termination of these Terms and this Website and any merchandise or service provided to User arising out of or relating to User’s use of this Website.

Miscellaneous

• The terms “herein,” “hereof” and “hereunder” and other words of similar import refer to these Terms, and any agreement into which these Terms are incorporated by reference, including, without limitation, any Registration Agreement, as a whole and not to any particular provision. Any pronoun used shall be deemed to cover all genders. Wherever appropriate in the context, terms used herein in the singular also include the plural and vice versa. All references to statutes and related regulations shall include any amendments of same and any successor statutes and regulations.
• These Terms, together with any agreement into which these Terms are incorporated by reference, including, without limitation, any Registration Agreement, constitute the entire agreement of the parties with respect to the subject matter hereof and supersede all previous written or oral agreements between the parties with respect to such subject matter. These Terms may be waived only in writing signed by an authorized representative of The 6th Element. No waiver by The 6th Element of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default, and the failure to exercise any right arising from any default hereunder shall not be deemed a waiver of such right that may be exercised at any subsequent time.
• If any provision hereunder shall be unlawful, void or for any reason unenforceable, then such provision shall be deemed severable from the other provisions hereunder and shall not affect the validity and enforceability of any other provisions hereunder. The 6th Element shall not be liable for any nonperformance or delay in performance caused by any act or event beyond its reasonable control, including, but not limited to, acts or omissions of third parties, unavailability of supplies, equipment failure, war, strikes, lockouts, fire, flood or any other act of God, any law, regulation, ordinance or other act or order of any court, government or governmental agency, or delays, unavailability, errors or other failures of the Internet or other data networks.
• These Terms shall be binding on the successors and assigns of the parties, including, but not limited to, the indemnity obligations set forth herein, but User may not assign, transfer or delegate its rights or obligations under these Terms without The 6th Element’s prior express written consent. No right or remedy conferred upon or reserved to The 6th Element by these Terms shall be exclusive of any other right or remedy herein or by contract or law, and all rights or remedies conferred upon The 6th Element by these Terms and by law shall be cumulative and in addition to any other right or remedy available to The 6th Element.

We may use a browser feature known as a “cookie.” A cookie is a piece of data stored on the computer that runs an Internet browser and is commonly used to store information about a consumer’s online activities, including information such as the content or advertisements that a consumer views or the pages a consumer visits within a particular website. It can contain information about you, your computer, your browser, your session, the websites you visit and other information about you or others who use, or have used, the computer or browser you use to access the Internet. Cookies are used for record-keeping purposes: the stored information can be retrieved by our website server when you return to the website. This allows us to personalize or regulate the use of this Website, and it also permits us to automate the access and data entry functions of this Website (e.g., login information), and to tailor the appearance or presentation of this Website to your preferences or interests. The cookies we use, if any, are not linked to any Personal Information while using this Website unless you have given us permission to link Personal Information to one or more cookies. Please note that you give us that permission any time you register on this Website, use or conduct a transaction through this Website, or identify yourself or the computer you are using through this Website.

We use cookies as a convenience feature to save you time, to understand how our Website is used, and to improve the content and offerings on our Website. For example, we may use cookies to personalize your experience at our web pages or recall your specific information on subsequent visits (e.g., to recognize you by name when you return to our Website). We may also use cookies to offer you or inform you of products, programs or services and targeted advertising. You can opt to have your browser reject cookies.

Most or all browsers permit you to disable or reject cookies. You can do this by adjusting your preferences in the browser. [The 6th Element does not track its customers over time and across third party websites to provide targeted advertising and therefore does not respond to “Do Not Track” signals.] Accordingly, your selection of the “Do Not Track” option provided by your browser may not have any effect on our analytics or tracking tools. Use the “Help” feature of your browser to obtain more information about refusing cookies. If you set the browser you use to reject cookies, you may not be able to access the Websites or use the full functionality of the Website, or it may take additional time to utilize such functionality. If you opt to reject cookies, you may need to re-register with us every time you visit our Website. Your continued use of our Website reflects your consent to allow additional cookies to be placed on your computer to help you navigate the Website.

You should also know that companies that advertise on our Website (and their agents), and one or more of the organizations with which we do business, or to which we provide links from the Website, might use their own cookies. This Privacy Policy does not cover how these organizations use their cookies. We have no control over such organizations’ uses of cookies, and you should review the privacy policies of such organizations to determine the uses such organizations make of cookies.

FLASH COOKIES

We may use local shared objects, sometimes known as Flash cookies, to store your preferences and to assist with online authentication by allowing us to recognize you and your device when you return to the Website. This permits us to display content based upon what you view on our Website to personalize your use of our services. Our Agents (defined below) also may use Flash cookies to collect and store information. Flash cookies are different from browser cookies because of the amount and type of data they collect, as well as how data is stored. Cookie management tools provided by your device or browser will not remove Flash cookies. If you disable Flash cookies, you will not have access to many features that make your user experience more efficient.

PIXEL TAGS, WEB BEACONS, CLEAR GIF’S AND OTHER SIMILAR TECHNOLOGIES

These are typically small pieces of data that are embedded in images on the Website, our Applications or certain e-mail communications. They may involve the transmission of information directly to us, to another party on our behalf or to another party in accordance with its privacy policy. We may use these technologies to compile information we collect about you.

CLICKSTREAM DATA

As you use the Internet, a trail of electronic information is left at each website you visit. This information, which is sometimes referred to as “clickstream data,” can be collected and stored by a website’s server. Clickstream data can identify the type of computer and browsing software you use and the address of the website from which you linked to the Website. We may use clickstream data as a form of non-Personal Information to anonymously determine how much time visitors spend on each page of the Website, how visitors navigate throughout the Website and how we may tailor our web pages to better meet the needs of visitors.

LOG FILES

We or our hosting provider may collect traffic information from visitors for statistical analysis and Website improvement. When you access the Websites, we or our hosting provider may collect information about your visit in a log file on a server. Log file information may include, but is not limited to, internet protocol (IP) addresses, browser type, internet service provider (ISP), referring/exit pages, platform type, date/time stamp, and number of clicks. We or our hosting provider use this information to analyze trends, administer sites, track users’ movements in the aggregate, and gather demographic information for aggregate use. We and/or our hosting provider may review this information to better understand overall trends and to determine what kinds of content are popular with and useful to users.

INFORMATION OTHER WEBSITES COLLECT FROM YOU

Our Website may contain links to other websites operated by other parties whose practices may be different than ours. When you click on such links and visit such other websites, you need to be aware that we may not control such other websites or such other websites’ business practices, and that this Privacy Policy does not apply to such other websites. Consequently, the operators of such other websites may collect different kinds of information about you, and may use and disclose that information in different ways than we would if it were collected on the Website. You should check the other sites’ privacy notices because we have no control over information that is submitted to or collected by them. We encourage you to review other websites’ privacy policies and remind you that we will not be responsible for the actions of the operators of such websites, or their use of your information.

INFORMATION YOU VOLUNTARILY SUBMIT

We collect and store any information you enter on this Website or provide to The 6th Element in other contacts we have with you. Information is collected from visitors to this Website, including in the areas described below, as applicable. During the online ordering process, you can review, change or delete personally identifiable information that you have submitted. You may change any of your personally identifiable information in your account online at any time. You may request to have the information on your account deleted or removed, although you cannot delete information associated with past purchases.

Contact Information – If you contact The 6th Element’s customer service representatives by telephone, e-mail or letter, we may keep a record of your correspondence or comments. If you report a problem with this Website, we may collect such information in a file specific to you. If you contact The 6th Element through our feedback area or by calling one of our customer service representatives, we may ask for your name and e-mail address in order to send you a reply. If other users or third parties send The 6th Element correspondence about your activities or purchases on this Website, we may keep the information in a file specific to you.

Shopping and Website Registration – We collect IP addresses for the purposes of system administration, to gather broad demographic information, to report non-personally identifiable information to any of our advertisers, and to monitor the level of activity on this Website. We collect information from visitors to this Website regarding the URLs they came from, their IP addresses, domain types, the browser type used to come to this Website, the country, state and telephone area code where their servers are located, the pages of this Website that visitors viewed during their visit, and any search terms entered on this Website.

Placing Orders – When you order from The 6th Element e, we collect personally identifiable information from you. If you order one of our products or services, we will collect and maintain your name, e-mail address, billing address, shipping address, telephone number, product selections, credit card or other payment information, order number, referring URL, IP address and a password. We collect this, and other information, as disclosed in this Policy, in order to fill your order, to communicate with you about your order and to send you promotional materials.

Before confirming your order, you will have the opportunity to review the product order form and make changes and additions to the information it contains. These changes will be automatically kept for future use.

[Gift Certificates – If you purchase a gift certificate from this Website, you will give The 6th Element the recipient’s name, email address and phone number for the recipient. The recipient information you give The 6th Element will only be used to send the gift certificate and for no other purpose.]

Online Surveys – In order to improve our services to you, we sometimes ask some of our customers to voluntarily complete surveys, which may be collected by an independent third party. Individual survey answers are confidential, although non-personally identifiable information is collected and disclosed to third parties. If you do not wish to participate in a survey, simply decline to participate when asked.

Newsletters – From time to time, we may provide free newsletters and promotional e-mails as a service to our customers. We may periodically send you newsletters and e-mails listing current specials and deals. To stop receiving our newsletter, follow the instructions given in said newsletter.

HOW DO WE USE YOUR PERSONAL INFORMATION?

We use your Personal Information to communicate with you if and when necessary in connection with your use of this Website, to respond to your questions, or to send you material and information you request. We may also use your Personal Information to:

• Personalize your Website experience and allow The 6th Element e to deliver the type of content and product information in which you are most interested;
• Process your orders for products and services;
• Respond to any questions you may have;
• Respond directly to you for clarification of your questions;
• Process your request for materials or information;
• Register you for an event, contest or sweepstakes, if you request it;
• Provide you with e-mail messages and other information regarding upcoming events, new products or services and general information about our products and services and those of our select business partners. You may elect not to receive these communications, either when you initially register at this Website, or at any time thereafter. See the section of this Privacy Policy called “CHOICE/OPT OUT”.

We may also use collected information in order to help diagnose problems with our servers, and to administer this Website.

E-MAIL ADDRESS

We may use your e-mail address to provide customer service information or answer your questions and requests. We may also occasionally send you our e-mail updates, notifications or other information about our products and services or about the products and services of our affiliated companies. We may share your e-mail address with our affiliated companies to enable them to send you e mails directly regarding their products and services, sales and other promotions. We include information in each commercial e mail that allows you to opt out of receiving future communications.

TELEPHONE CONTACT

If you provide us with your phone number, you may receive telephone contact from us for customer service purposes, and to assist us in responding to your requests and questions. We may retain this information for business and marketing purposes and to help us with future requests from you. We may occasionally use your phone number to contact you with updates or other promotional information about our products and services or those of our affiliated companies in which you may be interested. We may also make your Personal Information available to our affiliated companies to enable them to contact you directly with their promotional information, such as information about their products and services, sales and other promotions.

FINANCIAL INFORMATION

By engaging in any kind of activity on the Website that uses financial information, you consent to our using your financial information, or providing your financial information to our service providers and to such third parties as we determine is necessary, to process your transactions. These third parties may include banking institutions used to process these transactions. Any of these various third parties are authorized to use your financial information in accordance with our contractual arrangements with such third parties and in accordance with their own privacy policies, over which we have no control.

DEMOGRAPHIC INFORMATION

We may use demographic information to tailor the Websites and communications to the interests of our users. We may share anonymous, aggregated (grouped) demographic information with our advertisers and other third parties so that they can tailor their advertisements and communications to the appropriate audience. If you consent to have us share, or we are otherwise allowed to share, your Personal Information, as described herein, then the demographic information that we provide to third parties may be linked to your Personal Information so that such third parties will be able to know about your demographic information on a non-anonymous basis.

We also may use all information we collect to analyze statistical use patterns and demographic data (basically, where our visitors come from and what demographic characteristics they have) and to improve this Website to better serve our customers. Your IP address is used to help identify you and your shopping cart and to gather broad demographic information. We may also prepare and keep statistical records and other data about you and other users of this Website, but we do so in a way that does not identify you or any other user personally. We may hire third parties to help Energy Muse collect and analyze such data, and we may share such statistical data with third parties. Again, such statistical data will not specifically identify you or any other user. We use this information to help us make this Website more useful to visitors — to learn about the number of visitors to this Website, what part(s) of this Website they are interested in, how long they use this Website, and the types of technology our visitors use.