BY USING THE 360privacy.com WEBSITE YOU AGREE TO ITS TERMS AND CONDITIONS OF USE STATED BELOW:
These Terms and Conditions (this “Agreement”) sets for the terms and conditions that apply to your access and use of the website located at 360privacy.com (the “Site”), and the information, tools, software, features and functionality, including content, updates and new releases located on the site (collectively, the “Service”), as owned and operated by 360 Privacy, LLC, a Tennessee limited liability company.
2) ACCEPTING THE AGREEMENT
By visiting the Site or using the Service, you agree to be bound by this Agreement and 360privacy.com’s Privacy and Security Policy, which is incorporated into this Agreement, as each may be amended from time to time (see “Modifications” below). If you are a client of 360 Privacy, LLC you are also governed by the contractual relationship we signed with you separately from these Terms and Conditions. The terms “we” or “Company” refers to 360privacy.com or 360 Privacy. If you wish to become a Customer and make use of the Service, you must read this Agreement and indicate your acceptance during the Registration process by clicking “I Agree.”
You may not use the Service and you may not accept this Agreement if you are not of a legal age to form a binding contract with 360privacy.com or 360 Privacy, LLC.
If you accept this Agreement, you represent that you have the capacity to be bound by it, or if you are acting on behalf of a company or entity, that you have the authority to bind such entity. Before you continue, you should print or save a local copy of this Agreement for your records.
You may not assign or transfer this Agreement, by operation of law or otherwise, without Company’s prior written consent. Any attempt by you to assign or transfer this Agreement without such consent will be null and of no effect. Company may assign or transfer this Agreement, in its sole discretion, without restriction. Subject to the foregoing, this Agreement will bind and inure to the benefit of the parties, their successors and permitted assigns.
4) PRIVACY AND SECURITY
To ensure the security of valuable and personal information, users may only access our site using specific browsers equipped with at least 128-bit encryption or higher.
Use of the Service may be available through a compatible mobile device, Internet and/or network access and may require software. You agree that you are solely responsible for these requirements, including any applicable changes, updates and fees as well as the terms of your agreement with your mobile device and telecommunications providers.
5) COMPANY MAKES NO WARRANTIES OR REPRESENTATIONS OF ANY KIND, EXPRESS, STATUTORY OR IMPLIED AS TO: (I) THE AVAILABILITY OF TELECOMMUNICATION SERVICES FROM YOUR PROVIDER AND ACCESS TO THE SERVICE AT ANY TIME OR FROM ANY LOCATION; (II) ANY LOSS, DAMAGE, OR OTHER SECURITY INTRUSION OF THE TELECOMMUNICATION SERVICES; AND (III) ANY DISCLOSURE OF INFORMATION TO THIRD PARTIES OR FAILURE TO TRANSMIT ANY DATA, COMMUNICATIONS OR SETTINGS CONNECTED WITH THE SERVICE.
6)YOUR REGISTRATION INFORMATION AND COMMUNICATION WITH US
You agree and understand that you are responsible for maintaining the confidentiality of your password which, together with your Login ID, allows you to access the Service. That Login ID and password, together with any phone number or other contact information you provide, form your “Registration Information.” You understand that Company takes no responsibility for and disclaims any and all liability or consequential damages arising from a breach of your confidentiality resulting from sharing or losing your password. If you become aware of any unauthorized use of your Registration Information, you agree to notify Company immediately at the e-mail address – email@example.com.
By providing your e-mail address and phone number to Company you expressly authorize Company to contact you via email or phone from time to time regarding (i) completing the process for registering for an account, (ii) certain changes made to your Company account, , (iii) customer service matters and/or (iv) to let you know of changes to the Service. E-mails will be sent to the e-mail address you have provided as your primary e-mail address for the Service. If your e-mail address or your phone number changes, you are responsible for informing Company of that change. E-mails to you may include your Login ID, general information about your account, and/or certain details regarding the Service.
7) LIMITATION OF LIABILITY
OUR LIABILITY TO YOU, WHETHER BASED ON AN ACTION OR CLAIM IN CONTRACT, EQUITY, NEGLIGENCE, TORT OR OTHERWISE, FOR ANY EVENT, ACT OR OMISSION SHALL NOT EXCEED AN AGGREGATE AMOUNT EQUAL TO THE FEES PAID TO 360 PRIVACY DURING THE SIX-MONTH PERIOD IMMEDIATELY PRECEDING THE MOST RECENT EVENT THAT GIVES RISE TO LIABILITY (OR IF SUCH EVENT OCCURS IN THE FIRST SIX-MONTHS OF THE AGREEMENT TERM, THE AMOUNT ESTIMATED TO BE PAID IN THE FIRST SIX-MONTHS OF THE AGREEMENT TERM).
8) MINORS AND THE CHILDREN’S ONLINE PRIVACY PROTECTION ACT
360 Privacy does not direct content to Minors and does not intend to collect information from Minors and therefore is not subject to the Child Online Privacy Protection Act.
9) COMPANY’S INTELLECTUAL PROPERTY RIGHTS
The Service and the contents of the Site, including its “look and feel” (e.g., text, graphics, images, logos and button icons), photographs, editorial content, notices, software (including html-based computer programs) and other material are protected under both United States and other applicable copyright, trademark and other laws. Subject to your compliance with this Agreement, Company and its licensors provide you with a limited, non-exclusive, non-transferable, non-sublicensable license to access and make personal and non-commercial use of the Service and the Site. The Service and all content on the Site, remain the property of Company or its licensors and we do not transfer title to any portion of the Service to you. Any code or software code that Company creates, generates or displays in the Service is also protected and you may not copy or adapt such code.
10) INFRINGEMENT OF COPYRIGHT
Any notice regarding any infringement of copyright or of other proprietary rights must include the following information:
A signature of a person authorized to act on behalf of (i) the owner of an exclusive right that is allegedly infringed or (ii) the person defamed.
Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
Identification of the material that is claimed to be infringement, or to be the subject of infringement activity, including information reasonably sufficient to permit us to locate the material.
Information reasonably sufficient to permit us to contact you, such as your address, telephone number, and/or electronic mail address.
A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright or other proprietary right owner, its agent, or the law.
11) RIGHT TO RECOVER ATTORNEY’S FEES AND COSTS
You agree that if we prevail in defending against any Claim(s) brought by you against 360 Privacy for any reason, whether through arbitration or in a court of law, we shall have the right to recover from you all reasonable attorney’s fees and costs incurred in defending against your Claim(s).
12) ACCESS OUTSIDE OF UNITED STATES
If you choose to access our site(s) from outside the United States you do so upon your own initiative and are responsible for compliance with U.S. and local laws, if and to the extent that local laws are applicable.
13) LINKS TO OTHER SITES
This website may contain links to third party sites. Access to any other Internet site linked to this website is at the user’s own risk and 360 Privacy is not responsible for the accuracy or reliability of any information, data, opinions, advice or statements made on these sites. 360 Privacy provides these links merely as a convenience and does not endorse the companies or contents of any linked sites.
14) ENDING YOUR RELATIONSHIP WITH COMPANY
This Agreement will continue to apply until terminated by either you or Company as set out below. If you want to terminate your legal agreement with Company, you may do so by closing your account for the Service.
15) TERMINATION FOR CAUSE
Company may at any time, terminate its legal agreement with you:
if you have breached any provision of this Agreement (or have acted in a manner which clearly shows that you do not intend to, or are unable to comply with the provisions of this Agreement);
if Company in its sole discretion believes it is required to do so by law (for example, where the provision of the Service to you is, or becomes, unlawful); or
immediately upon notice, to the e-mail address provided by you as part of your Registration Information.
All sections which by their nature should survive the termination of this Agreement shall continue in full force and effect subsequent to and notwithstanding the termination of this Agreement.
17) MODIFICATIONS TO THIS AGREEMENT
Company may modify this Agreement from time to time. Any and all changes to this Agreement will be posted on the Site. In addition, the Agreement will always indicate the date it was last revised. You are deemed to accept and agree to be bound by any changes to the Agreement when you use the Service after those changes are posted.
18) GOVERNING LAW
This Agreement, and your relationship with Company under this Agreement, shall be governed by the laws of the State of Tennessee without regard to its conflict or choice of laws provisions. Jurisdiction for any dispute with Company, or its officers, directors, employees, agents or affiliates, arising under or in relation to this Agreement shall lie exclusively with the state or federal courts within the county of Davidson, Tennessee except with respect to imminent harm requiring temporary or preliminary injunctive relief in which case Company may seek such relief in any court with jurisdiction over the parties.
19) AND DISPUTE RESOLUTION
Any dispute arising from or relating to the subject matter of this Agreement shall be finally settled by arbitration in Nashville, Tennessee, using the English language in accordance with the Arbitration Rules and Procedures of Judicial Arbitration and Mediation Services, Inc. (“JAMS”) then in effect, by one commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes, who shall be selected from the appropriate list of JAMS arbitrators in accordance with the Arbitration Rules and Procedures of JAMS. The prevailing party in any arbitration or other proceeding arising under this Agreement shall be entitled to receive reimbursement of its reasonable expenses (including reasonable attorneys’ fees, expert witness fees and all other expenses) incurred in connection therewith. Judgment upon the award so rendered may be entered in a court having jurisdiction or application may be made to such court for judicial acceptance of any award and an order of enforcement, as the case may be. Notwithstanding the foregoing, each party shall have the right to institute an action in a court of proper jurisdiction for injunctive or other equitable relief pending a final decision by the arbitrator. You and Company agree that any cause of action arising out of or related to the Site or the Service or this Agreement must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred. You understand that, in return for agreement to this provision, Company is able to offer the Service at the terms designated, and that your assent to this provision is an indispensable consideration to this Agreement.
If any portion of this Agreement is deemed unlawful, void or unenforceable by any arbitrator or court of competent jurisdiction, this Agreement as a whole shall not be deemed unlawful, void or unenforceable, but only that portion of this Agreement that is unlawful, void or unenforceable shall be stricken from this Agreement.
You agree that if Company does not exercise or enforce any legal right or remedy which is contained in the Agreement (or which Company has the benefit of under any applicable law), this will not be taken to be a formal waiver of Company’s rights and that those rights or remedies will still be available to Company.
22) HOW TO CONTACT US
If there are any questions regarding Company or this Agreement, please contact Company at firstname.lastname@example.org.