Terms and Conditions
IMPORTANT NOTICE: IF YOU RESIDE WITHIN, OR ACCESS 360CONNECT SERVICES FROM, THE UNITED STATES OF AMERICA, DISPUTES ABOUT THESE TERMS AND THE 360CONNECT SERVICES ARE SUBJECT TO BINDING ARBITRATION AND A WAIVER OF CLASS ACTION RIGHTS AS DETAILED IN THE “MANDATORY ARBITRATION AND CLASS ACTION WAIVER” SECTION BELOW.
This Terms of Use (the “Terms”) is a legal agreement between you and 360Connect, LLC and its corporate affiliates, subsidiaries, and divisions as may change from time to time (collectively, “360Connect,” “we,” “us,” and “our”). These terms together with our Privacy Policy apply to 360Connect’s websites, mobile applications, and other digital and interactive services that link to these Terms (together, the “Services”).
You acknowledge and agree that, by accessing or using the Services, you, your heirs, and permitted assigns (collectively, “you”) are indicating that you have read, understand, and agree to be bound by these Terms. If you do not agree to these Terms, then you have no right to access or use the Services and should not continue doing so.
We may, from time to time, modify these Terms. Please check this page periodically for updates. Any changes will be posted on the Services. If you do not agree to, or cannot comply with, the modified Terms, you must stop using the Services. The updated Terms will take effect after their posting and will apply on a going-forward basis, unless otherwise provided in a notice to you, and where you either reside within, or access Services from, the United States of America as provided in the Mandatory Arbitration and Class Action Waiver section of these Terms. Your continued use of the Services after any such update constitutes your binding acceptance of such changes.
Additional terms may apply to your use of the Services. We will provide these terms to you or post them on the Services in connection with the features to which they apply; they are incorporated by reference into these Terms. For example, 360Connect’s Privacy Policy (which describes how we collect, use and disclose your data and your consent to such collection, use, and disclosure) is incorporated by reference and is a part of these Terms. If there is a conflict between these Terms and any additional terms that apply to a particular feature of the Services, the additional terms will control, but only to the extent of the conflict.
1. ELIGIBILITY AND SCOPE
1.1 - Eligibility.
To use the Services, you must be, and represent and warrant that you are of legal age and competence in the jurisdiction in which you are accessing the Services. By using the Services on behalf of any third party, you are representing to us that you are an authorized representative of that third party and that your use of the Services constitutes that third party’s acceptance of these Terms. If you have been previously prohibited from accessing the Services by 360Connect, you are not permitted to access the Services.
1.2 - Use Outside the United States of America.
The Services are controlled and offered by 360Connect from the United States of America. 360Connect makes no representations that the Services are appropriate for use in other locations. Those who access or use the Services from other locations do so at their own risk and are responsible for compliance with local law.
2. OUR PROPRIETARY RIGHTS
2.1 - Intellectual Property Rights.
The Services and all associated intellectual property rights are owned and operated by 360Connect and contain material which is derived in whole or in part from material supplied by 360Connect and its partners, as well as other sources, and is protected by copyright laws, international treaty provisions, trademarks, service marks and other intellectual property laws. The Services are also protected as a collective work or compilation under copyright and other law and treaties. You agree to abide by all applicable copyright and other laws, as well as any additional copyright notices or restrictions contained in the Services. You acknowledge that the Services have been developed, compiled, prepared, revised, selected, and arranged by 360Connect and others through the application of methods and standards of judgement developed and applied through the expenditure of substantial time, effort, and money and constitute valuable intellectual property of 360Connect and such others. You agree that you have and shall have no right over any of the proprietary rights in or associated with the Services save as set out in these Terms, and you shall protect such rights of 360Connect and all others having rights in the Services during and after the term of these Terms and to comply with all reasonable written requests made by 360Connect or its suppliers and licensors of content or otherwise (“Content Suppliers”) to protect their and others’ contractual, statutory, and common law rights in the Services. You agree to notify 360Connect immediately upon becoming aware of any unauthorized access or use of the Services by any individual or entity or of any claim that the Services infringe upon any copyright, trademark, or other contractual, statutory, or common law rights. All present and future rights in and to trade secrets, patents, copyrights, trademarks, service marks, know-how, and other proprietary rights of any type under the laws of any governmental authority, domestic or foreign, including without limitation rights in and to all applications and registrations relating to the Services shall, as between you and 360Connect, at all times be and remain the sole and exclusive property of 360Connect.
2.2 - Use of Marks
You may not use any of 360Connect’s trademarks, trade names, service marks, copyrights, or logos in any manner which creates the impression that such items belong to or are associated with you or, except as otherwise provided herein, are used with 360Connect’s express written consent, and you acknowledge that you have no ownership rights in or to any such items. All other names, logos, product and service names, designs, and slogans on 360Connect are the trademarks of their respective owners.
3. LICENSE AND PROHIBITED CONDUCT
3.1 - Your License.
Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-sublicensable, non-transferable, and revocable right to access and use the Services for your own personal use for the purpose that it is provided consistent with the Terms.
3.2 - Prohibited Uses.
Use of the Services for any illegal purpose, or any other purpose not expressly permitted in these Terms, is strictly prohibited. Without limitation, you will not:
- Use the Services in any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
- Use the Services commercially (for example, as part of a service bureau), for benchmarking or to compile information for a product or service;
- Copy, download (other than through page caching necessary for personal use, or as otherwise expressly permitted by these Terms), modify, distribute, post, transmit, display, perform, reproduce, broadcast, duplicate, publish, republish, upload, license, reverse engineer, create derivative works from, or offer for sale any content or other information contained on or obtained from or through the Services, by any means except as provided for in these Terms or with the prior written consent of 360Connect;
- Scrape, access, monitor, index, frame, link, or copy any content or information on the Services by accessing the Services in an automated way, using any robot, spider, scraper, web crawler, or any other method of access other than manually accessing the publicly-available portions of the Services through a browser or accessing the Services through any approved API;
- Violate the restrictions in any robot exclusion headers of the Services, if any, or bypass or circumvent other measures employed to prevent or limit access to the Services;
- Falsely state or otherwise misrepresent your affiliation with a person or entity, or impersonate any person or entity in a manner that does not constitute parody;
- Through misrepresentation or otherwise, solicit personal or sensitive information from other users, including without limitation: address, credit card or financial account information, or passwords;
- Frame, inline link, or similarly display the Services or any portion of the Services;
- Violate these Terms or any guidelines or policies posted by 360Connect;
- Interfere with any other party’s use and enjoyment of the Services.
360Connect reserves the right, in its sole and absolute discretion, to remove any User Content, block access to the Services, and/or cancel the account of any user.
4. LEGAL COMPLIANCE
You acknowledge, consent, and agree that 360Connect may access, preserve, and disclose any information you submit or make available for inclusion on the Services, if required to do so by law or in a good faith belief that such access, preservation, or disclosure is permitted by 360Connect’s Privacy Policy or reasonably necessary or appropriate for any of the following reasons: (1) to comply with legal process; (2) to enforce these Terms; (3) to respond to claims that any content violates the rights of third parties; (4) to protect the rights, property, or personal safety of 360Connect, its agents and affiliates, its users, and the public; (5) in conjunction with the Services; or (6) to address your requests.
5. TERMS OF SALE
To the extent that you make a purchase of products offered by 360Connect on the Services, such purchase will be subject to separate terms of sale presented on the website or online service where the purchase is made.
6. WARRANTIES AND DISCLAIMERS
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
- THE WARRANTIES, IF ANY, APPLICABLE TO EACH PRODUCT AVAILABLE THROUGH THE SERVICES ARE PROVIDED BY THE MANUFACTURER OF SUCH PRODUCT. ALL PRODUCTS ARE MANUFACTURED BY THIRD PARTIES.
- YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND. 360CONNECT EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, TITLE, AND NON-INFRINGEMENT. WE DO NOT EXCLUDE OR LIMIT IN ANY WAY OUR LIABILITY TO YOU WHERE IT WOULD BE UNLAWFUL TO DO SO, HOWEVER 360CONNECT ASSUMES NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, MIS-DELIVERY, INTERRUPTION OR FAILURE TO PROVIDE ANY CONTENT OR TO STORE ANY PERSONALIZATION SETTINGS OR USER MATERIALS. WHERE YOU ARE ACCESSING THE SERVICES FROM THE UK, NOTHING IN THIS AGREEMENT EXCLUDES THE LIABILITY OF 360CONNECT FOR DEATH OR PERSONAL INJURY CAUSED BY 360CONNECT’S NEGLIGENCE; OR FOR FRAUD OR FRAUDULENT MISREPRESENTATION.
- ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE SERVICES IS DOWNLOADED AND USED AT YOUR SOLE DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, MOBILE DEVICE, SOFTWARE, TECHNOLOGY OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF ANY SUCH CONTENT.
- NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM 360CONNECT OR THROUGH OR FROM THE SERVICES SHALL CREATE ANY WARRANTY.
- EXCEPT WHERE EXPRESSLY STATED OTHERWISE, THE CONTENT OF THE SERVICES IS NOT INTENDED TO AMOUNT TO ADVICE ON WHICH YOU SHOULD RELY. YOU MUST OBTAIN PROFESSIONAL OR SPECIALIST ADVICE BEFORE TAKING, OR REFRAINING FROM, ANY ACTION ON THE BASIS OF THE CONTENT ON THE SERVICES.
- THE SERVICES DO NOT PROVIDE LEGAL ADVICE. CONSULT WITH YOUR LEGAL COUNSEL REGARDING ANY LEGAL CONCERNS.
- 360CONNECT MAKES NO REPRESENTATION, WARRANTY, GUARANTEE OR PROMISE THAT THE PRODUCTS OR SERVICES WILL MEET YOUR REQUIREMENTS OR ACHIEVE ANY PARTICULAR RESULTS, INCLUDING EMPLOYMENT OPPORTUNITIES.
- 360CONNECT WILL NOT BE RESPONSIBLE FOR ANY THIRD-PARTY CONTENT ON THE SERVICES, ANY LINKS TO THIRD-PARTY WEBSITES OR ANY THIRD-PARTY WEBSITES. 360CONNECT DOES NOT VET OR VERIFY USERS THAT IDENTIFY THEMSELVES AS EXPERTS ON PARTICULAR TOPICS THROUGH THE SERVICES, AND YOU AGREE NOT TO HOLD 360CONNECT RESPONSIBLE FOR RELIANCE ON SUCH EXPERTS IF YOU DO NOT ACHIEVE THE RESULTS YOU EXPECT IN RELYING ON SUCH EXPERTS.
7. LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL 360CONNECT, ITS RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, MEMBERS, SHAREHOLDERS, OR REPRESENTATIVES (AND ALL SUCCESSORS AND ASSIGNS OF ANY OF THE FOREGOING) (COLLECTIVELY “360CONNECT” FOR PURPOSES OF THIS SECTION) BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES RESULTING FROM THE PERFORMANCE, USE OF OR THE INABILITY TO USE THE SERVICES OR PRODUCTS, EVEN IF 360CONNECT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, VIOLATION OF STATUTE OR OTHERWISE. 360CONNECT WILL NOT BE LIABLE FOR THE COST OF REPLACEMENT PRODUCTS, LOSS OF REVENUE OR LOSS OF GOOD WILL. IN ANY EVENT, OUR AGGREGATE LIABILITY WILL NOT EXCEED THE AMOUNT PAID FOR THE PRODUCT OR SERVICE TO WHICH THE CLAIM RELATES OR, IF THE CLAIM DOES NOT RELATE TO A PRODUCT OR SERVICE, $100.
360CONNECT’S SERVICES ARE PROVIDED FOR DOMESTIC AND PRIVATE USE. YOU AGREE WE HAVE NO LIABILITY TO YOU FOR ANY LOSS OF PROFIT, LOSS OF BUSINESS, BUSINESS INTERRUPTION, OR LOSS OF BUSINESS OPPORTUNITY.
360CONNECT DOES NOT WARRANT, ENDORSE, GUARANTEE OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES OR ANY WEBSITE FEATURED OR LINKED TO THROUGH THE SERVICE, AND 360CONNECT WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. 360CONNECT WILL NOT BE LIABLE FOR THE OFFENSIVE OR ILLEGAL CONDUCT OF ANY THIRD PARTY. YOU VOLUNTARILY ASSUME THE RISK OF HARM OR DAMAGE FROM THE FOREGOING. THE FOREGOING LIMITATIONS WILL APPLY EVEN IF A REMEDY FAILS ITS ESSENTIAL PURPOSE AND TO THE FULLEST EXTENT PERMITTED BY LAW.
8. INDEMNITY
YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD 360CONNECT AND ITS RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, MEMBERS, SHAREHOLDERS, OR REPRESENTATIVES (AND ALL SUCCESSORS AND ASSIGNS OF ANY OF THE FOREGOING), HARMLESS FROM AND AGAINST ANY CLAIM OR DEMAND, INCLUDING WITHOUT LIMITATION, REASONABLE LEGAL FEES AND DISBURSEMENTS, MADE BY ANY THIRD PARTY IN CONNECTION WITH OR ARISING OUT OF YOUR USE OF THE SERVICES, YOUR CONNECTION TO THE SERVICES, YOUR VIOLATION OF THE TERMS OR THE 360CONNECT PRIVACY POLICY, YOUR VIOLATION OF AN APPLICABLE LAW, YOUR SUBMISSION, POSTING, OR TRANSMISSION OF USER CONTENT TO THE SERVICES, AND/OR YOUR VIOLATION OF ANY RIGHTS OF ANOTHER. WE RESERVE THE RIGHT, AT OUR OWN EXPENSE, TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF SUCH DISPUTES, AND IN THAT EVENT, YOU WILL COOPERATE WITH US IN ASSERTING ANY AVAILABLE DEFENSES.
9. ADVERTISERS
Your correspondence or business dealings with, or participation in promotions of, advertisers or other third parties found on or through the Services, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that 360Connect shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on or through the Services.
10 .THIRD-PARTY LINKS AND SERVICES
The Services may provide (1) information and content provided by third parties; (2) links to third-party websites or resources, such as sellers of goods and services; and (3) third-party products and services for sale directly to you. Please note that some of these links may be affiliate marketing links encoded by third-party partners. This means that we may earn a commission when you click on or make purchases via affiliate links, and affiliate partners may use cookies to understand your use of the Services. 360Connect is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for (i) any content, advertising, products, or other materials on or available from such sites or resources, (ii) any errors or omissions in these websites or resources, or (iii) any information handling practices or other business practices of the operators of such sites or resources. You further acknowledge and agree that 360Connect shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any linked sites or resources. Your interactions with such third parties will be governed by the third parties’ own terms of service and privacy policies, and any other similar terms.
11. MODIFICATION AND TERMINATION
11.1 - Modification of Services.
360Connect reserves the right at any time to modify or discontinue, temporarily or permanently, the Services (or any part thereof), with or without notice. You agree that 360Connect shall not be liable to you or any third party for any modification, suspension or discontinuance of the Services.
11.2 - Termination.
These Terms are effective unless and until terminated by you or us. We may, in our sole and absolute discretion, deny you access to all or part of the Services at any time for any or no reason at all, with or without notice to you. Grounds for such termination shall include, but not be limited to, (a) breaches or violations of these Terms or other agreements, (b) requests by law enforcement or government agencies, (c) discontinuance or material modification of the Services (or any part thereof), (d) unexpected technical or security issues or problems, (e) extended periods of inactivity (f) activities related to protecting the rights, property or safety of 360Connect, its agents and affiliates, its users and the public; or (g) if you provide any information that is false, inaccurate, out-of-date, or incomplete. If we terminate your right to access the Services, we will fulfill our obligations to you related to any order outstanding at the time of termination. If you cease using the Services, you will remain liable under these Terms for any purchases or actions taken using the Services made prior to termination. If we terminate your right to access the Services, these Terms will terminate, and all rights you have to access the Services will immediately terminate; however, certain provisions, rights, remedies, obligations or liabilities accrued up to the date of termination set out in these Terms will still apply post termination, including without limitation where you are a resident of the USA, the Mandatory Arbitration and Class Action Waiver provisions.
12. GOVERNING LAW AND JURISDICTION
All matters relating to the Services and these Terms of Use, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Texas without giving effect to any choice or conflict of law provision or rule (whether of the State of Texas or any other jurisdiction).
13. MANDATORY ARBITRATION AND CLASS ACTION WAIVER
THIS SECTION ONLY APPLIES WHERE YOU EITHER RESIDE WITHIN, OR ACCESS THE SERVICES FROM, THE UNITED STATES OF AMERICA. PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.
13.1 - Application.
You agree to arbitrate all disputes and claims that arise out of or relate to your use of the Services. Therefore, you agree that, by using the Services, YOU ARE WAIVING YOUR RIGHT TO A TRIAL BY JURY or to participate in any class action based on or involving claims brought in a purported representative capacity on behalf of the general public, other users, or other persons similarly situated. This agreement to arbitrate includes, but is not limited to, any dispute, claim, or controversy arising out of or relating to your use of the Services. Any such dispute shall be determined by arbitration to be held in Austin, Texas before one arbitrator.
13.2 - Initial Dispute Resolution.
Most disputes can be resolved without resorting to arbitration. If you have any dispute with us, you agree that before, and as a condition precedent to taking any formal action, you will contact us at customersuccess@360Connect.com, and provide a brief, written description of the dispute, the relief requested and your contact information. Except for intellectual property and small claims court claims, the parties agree to use their best efforts to settle any dispute, claim, question, or disagreement directly through consultation with 360Connect, and good faith negotiations shall be a condition to either party initiating a lawsuit or arbitration. After receipt of your Notice, you agree that 360Connect will have sixty (60) days in which to conduct negotiations in an effort to informally resolve the dispute to both parties’ satisfaction. Following the end of the 60-day period, either party may initiate arbitration proceedings if the dispute remains unresolved.
13.3 - LIMITATION TO FILE CLAIMS.
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR SERVICES MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
13.4 - Binding Arbitration.
If the parties do not reach an agreed-upon solution within a period of sixty (60) days from the time informal dispute resolution is initiated under the Initial Dispute Resolution provision above, then either party may initiate binding arbitration as the sole means to resolve claims, (except as provided in section 13.8 below) subject to the terms set forth below. Specifically, all claims arising out of or relating to these Terms (including the Terms’ formation, performance, and breach), the parties relationship with each other, and/or your use of 360Connect shall be fully and finally resolved by binding arbitration administered by JAMS in accordance with the JAMS Streamlined Arbitration Procedure Rules for claims that do not exceed $250,000 and the JAMS Comprehensive Arbitration Rules and Procedures for claims exceeding $250,000 in effect at the time the arbitration is initiated, excluding any rules or procedures governing or permitting class actions.
13.5 - Arbitrator’s Powers.
The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability, or formation of these Terms, including but not limited to any claim that all or any part of these Terms is void or voidable, whether a claim is subject to arbitration, or the question of waiver by litigation conduct. The arbitrator’s award shall be written and shall be binding on the parties and may be entered as a judgment in any court of competent jurisdiction.
13.6 Filing a Demand.
To start an arbitration, you must do the following: (a) Write a Demand for Arbitration that includes a description of the claim and the amount of damages you seek to recover (you may find a copy of a Demand for Arbitration at www.jamsadr.com); (b) Send three copies of the Demand for Arbitration, plus the appropriate filing fee, to JAMS, 609 Main Street, Suite 3930, Houston, TX, 77002; and (c) Send one copy of the Demand for Arbitration to us at 360Connect, Attn: Legal, 5926 Balcones Dr., Suite 130, Austin, TX, 78731.
You are responsible for your own legal fees unless the arbitration rules and/or applicable law provide otherwise.
The parties understand that, absent this mandatory arbitration provision, they would have the right to sue in court and have a jury trial. They further understand that, in some instances, the costs of arbitration could exceed the costs of litigation, and the right to discovery may be more limited in arbitration than in court.
13.7 - Class Action Waiver.
The parties further agree that the arbitration shall be conducted in the party’s respective individual capacities only and not as a class action or other representative action, and the parties expressly waive their right to file a class action or seek relief on a class basis. YOU AND 360CONNECT 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. If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that arbitration can proceed on a class basis, then the arbitration provisions set forth above shall be deemed null and void in their entirety and the parties shall be deemed to have not agreed to arbitrate disputes.
13.8 - Exception: Litigation of Intellectual Property and Small Claims Court Claims.
Notwithstanding the parties’ decision to resolve all disputes through arbitration, either party may bring enforcement actions, validity determinations or claims arising from or relating to theft, piracy or unauthorized use of intellectual property in state or federal court or in the U.S. Patent and Trademark Office to protect its intellectual property rights (“intellectual property rights” means patents, copyrights, moral rights, trademarks, and trade secrets, but not privacy or publicity rights). Either party may also seek relief in a small claims court for disputes or claims within the scope of that court’s jurisdiction.
13.9 - 30-Day Right to Opt-Out.
You have the right to opt-out and not be bound by the arbitration and class action waiver provisions set forth above by sending written notice of your decision to opt-out to customersuccess@360Connectcom with the subject line, “ARBITRATION AND CLASS ACTION WAIVER OPT-OUT.” The notice must be sent within thirty days of your first use of the Services. Otherwise, you shall be bound to arbitrate disputes in accordance with the terms of these paragraphs. If you opt out of these arbitration provisions, 360Connect also will not be bound by them.
13.10 - Changes to This Section.
360Connect will provide thirty (30) days’ notice of any changes to this section by posting on the Services. Amendments will become effective thirty (30) days after they are posted on the Services or sent to you by email. Changes to this section will otherwise apply prospectively only to claims arising after the thirtieth (30th) day. If a court or arbitrator decides that this subsection on “Changes to This Section” is not enforceable or valid, then this subsection shall be severed from the section entitled Mandatory Arbitration and Class Action Waiver, and the court or arbitrator shall apply the first Mandatory Arbitration and Class Action Waiver section in existence after you began using the Services.
14. Controlling Law and Severability
These Terms will be interpreted in accordance with the laws of the State of Texas, without regard to its conflict-of-law provisions. If any part of these Terms is considered invalid, it shall be enforced as effectively as possible while all other provisions remain in full effect.
15. GENERAL TERMS
15.1 - Force Majeure.
Under no circumstances shall 360Connect or its licensor or supplier be held liable for any delay or failure in performance resulting directly or indirectly from an event beyond its reasonable control.
15.2 - No Waiver; Severability.
No waiver of any term of these Terms will be binding unless in writing, no waiver of any term of these Terms will be deemed a further or continuing waiver of such term or any other term, and the failure of 360Connect to exercise or enforce any right or remedy in these Terms does not waive that right or remedy. If an arbitrator or a court of competent jurisdiction finds any provision of these Terms to be invalid, the parties agree that the arbitrator or court should endeavor to give effect, to the maximum extent possible and permitted by law, to the parties’ intentions as reflected in the provision, and the other provisions of these Terms will remain in full force and effect.
15.3 - Third-Party Beneficiaries.
You agree that, except as otherwise expressly provided in these Terms, there shall be no third-party beneficiaries to these Terms.
15.4 - Miscellaneous.
These Terms (and all terms and conditions incorporated herein) constitute the entire agreement between you and 360Connect and govern your use of the Services, Services and products provided by 360Connect, and supersede any prior agreements between you and 360Connect on the subject matter. These Terms, and any rights or licenses granted hereunder, may not be assigned or delegated by you. These Terms, and any rights or licenses granted hereunder, may be assigned or delegated by 360Connect without restriction. These Terms bind and inure to the benefit of each party and the party’s successors and permitted assigns. These Terms may not be modified by an oral statement by a representative of 360Connect. No agency, partnership, joint venture or employee-employer relationship is intended or created by these Terms. You agree that any agreements made by and between you and us in electronic form are as legally binding as if made in physical written form. “Include(s)” or “including” means, respectively, “include(s) without limitation” or “including without limitation”, unless expressly stated otherwise. If you are using the Services for or on behalf of the U.S. government, your license rights do not exceed those granted to non-government consumers. The section titles in these Terms are for convenience only and have no legal or contractual effect.
15.5 - Notices.
We may deliver notice to you by e-mail, posting a notice on the Services or any other reasonable method we choose and such notice will be effective on dispatch. If you give notice to us, it will be effective when received and you must use the following physical or email address: (1) for US customers, 360Connect, 5926 Balcones Dr., Suite 130, Austin, TX, 78731; or (2) customersuccess@360Connect.com.
16. QUESTIONS
If you have any questions about these Terms, please contact us by email at customersuccess@360connect.com or call us at 888-391-4648.
