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360Connect.com
5926 Balcones Dr., Suite 130
Austin, TX 78731
360Connect.com has a strong commitment to providing excellent service to our customers, visitors to this Website, and other users of our products and services, including respecting your privacy. This Privacy Policy discloses how we collect personal information, the types of personal information we receive and collect, our use and disclosure of current and former user information, and the steps that we take to safeguard your information. If you use this site, you understand the 360Connect.com Privacy Policy in effect at the time of your use.
This Privacy Policy applies to all users of our products and services (“Users”), including those who have used our website (“Website”), which is owned by 360Connect, LLC, Inc., a Texas corporation (“Owner”). Please note that this policy applies only to this Website, and services wherein 360Connect.com determines the purposes or means of processing your personal information and not to Websites maintained by other companies or organizations to which we link, or business partners to whom we provide your information based on your requests as relating to the product or service in which you are interested, and for whom we serve as service providers. Alternatively, the information 360Connect.com collects on behalf of a third party, to whom we provide marketing services, may be subject to both this Privacy Policy, and the third party’s privacy policy. For more information on those companies or organizations’ personal information practices, and your rights, please visit their respective privacy policies.
Personal information is information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a natural person or household, such as a real name, postal address, e-mail address, telephone number, and account ID (“personal information”). When other information is directly associated with personal information, that information may also be considered personal information. Information that is aggregated, de-identified, or anonymized is not considered personal information. Publicly available information, as that information is defined by applicable law, also may not be personal information.
A subset of personal information we collect is defined as “sensitive personal information,” as defined by applicable law, and includes categories as described below.
We may collect, use, share, and/or store the following types of personal information, either online or on the phone, and either automatically, from you directly, or from third parties, for the business purposes as outlined in this Privacy Policy:
Personal Information:
Sensitive Personal Information:
| Type of Sensitive Information | Is this collected? | How will it be used? | How long do we retain it? |
| A user’s social security, driver’s license, state identification card, or passport number; | No | N/A | N/A |
| A user’s account log-In information, which could include any debit card or credit card number in combination with any security or access code, password or credentials required to access such account; | No | N/A | N/A |
| A user’s precise geolocation; | No | N/A | N/A |
| A user’s racial or ethnic origin, religious or philosophical beliefs, or union membership; | No | N/A | N/A |
| The contents of a user’s mail, email, and text messages, unless the business is the intended recipient of the communication; | No | N/A | N/A |
| A user’s genetic data; and | No | N/A | N/A |
| The processing of biometric information for the purpose of uniquely identifying a user; | No | N/A | N/A |
| Personal information collected and analyzed concerning a user’s health, including mental or physical health condition or diagnosis | No | N/A | N/A |
| Personal information collected and analyzed concerning a user’s sex life or sexual orientation; | No | N/A | N/A |
| Personal information collected and analyzed concerning a user’s citizenship, citizenship status, or immigration status; or | No | N/A | N/A |
| Personal data from a known child. | No | N/A | N/A |
You may request that use of your sensitive personal information be limited by filling out the form titled “Limit the Use of My Sensitive Personal Information” link at the bottom of this privacy policy or in the footer of this webpage, or by contacting us at 888-391-4648. If you are a Virginia or Colorado resident, we do not collect your sensitive data (as defined in those states’ laws) without your consent but to consent here and now to the collection and use of your sensitive information please fill out the form titled “Consent to Use My Sensitive Information for Virginia and Colorado Residents” at the bottom of this privacy policy.
We may collect personal information (including sensitive personal information and other personal information) at the following times:
In addition, we may receive information about you from other sources, such as service providers and unaffiliated third-party marketing companies, for tracking purposes. We may add the information we receive about you through those means to your existing account. Like other websites, we automatically receive and record certain types of information every time you visit us. We use “cookies” and other information to enhance your experience and present you with personalized offers. Likewise, we use third-party advertising companies to distribute and track advertisements appearing on our Website. These companies may employ cookies and action tags to measure advertising effectiveness. More information about cookies can be found in our Cookies and IP Addresses section below.
At any point, 360Connect.com reserves the right to collect additional user information. This Privacy Policy will be updated accordingly to reflect those changes.
When you provide your telephone number to us through one of our Websites, we may use that number to reach out to you directly, whether by giving you a call and/or sending you an SMS message. We do so to:
When we contact you using the telephone number you provide, we do so using our telephone system management platform, and a customer service representative will speak to you directly. Our telephone system management platform does not generate or dial random or sequential numbers and requires manual selection by our customer service representative.
It is our practice to only reach out to you at sociable hours in compliance with law. If we inadvertently contact you outside of sociable hours, please notify us using the information below so that we may correct the error going forward. We will not call you using technologies that are considered automatic telephone dialing systems or with an automated recorded voice message. In all cases, we will only reach out to you because you’ve filled out one of our webforms looking to receive matches and/or quotes for the products or services that you’re looking to receive or if you have otherwise requested a call.
For SMS messages, Message and Data rates may apply. You can opt-out of SMS communications by replying “STOP.”
If you apply for a job with Owner, we will collect additional information in connection with your application. This may include:
Such information may be collected from you directly, from your references, from a recruiter, from your prior employers, and from your places of education. We will only use this information to evaluate your candidacy, including by processing your application, assessing your qualifications, corresponding with you, and complying with legal obligations.
To serve you more efficiently and effectively, we use “cookies” technology. A cookie is a piece of data stored on the user’s hard drive that contains information about the user. Cookies are linked to particular devices over time, but we do not link personal information obtained from cookies to any other personal information we obtain. Cookies enable a Website to “personalize” itself for each user and reduce the time it takes for pages to load on your computer. In order to optimize your experience, cookies also help with the collection of customer tracking data. We may also capture customer tracking data on some of our partner’s websites related to activity involved with the completion of offers listed on our Website. This information is used to monitor the performance of our partners. If you reject cookies, you may still use our site, but your ability to use some areas of our site will be limited. We also keep track of Internet Protocol (IP) addresses and may disclose your IP address during the course and scope of our business. An IP Address is a number that is used by computers on the network to identify your computer every time you log on to the Internet.
Your browser or device may offer settings that allow you to choose whether browser cookies are set and to delete them. For more information about these controls and to exercise your cookie preferences, visit your browser or device’s help material. If you choose to reject cookies, as noted above, you may not be able to use certain features of our websites and services. To learn more about Cookies, visit http://www.allaboutcookies.org.
We permit some of our non-affiliated business partners (e.g., advertisers) use cookies on our site. We have no access to or control over information collected from such cookies. This Privacy Policy covers the use of our cookies only and does not cover the use of cookies by any advertisers.
Sale of Your Personal Information
We may sell (as that term is defined broadly by applicable law) or share (as defined by the California Privacy Rights Act), including for targeted advertising (as that term is defined by the Colorado Privacy Act and the Virginia User Data Protection Act), your personal information to the following categories of third parties, and/or under the following circumstances:
360Connect.com prohibits the sale or transfer of personal information to non-affiliated entities for their use without giving you the opportunity to opt-out. Although 360Connect.com advises everyone who receives personal information from 360Connect.com to support this Privacy Policy, 360Connect.com has no control over such party’s information handling practices and is not responsible for any failure of such party to adhere to this Privacy Policy.
Other Transfers of Information to Third Parties
We may additionally transfer information to third parties in the following situations, which are not selling or sharing, as defined by applicable law:
On occasion, you may receive advertisements for 360Connect.com from third parties. These advertisements are served by the third-party Website that you have visited or directly from this website or any site owned by the Owners. In addition, such advertisements may be placed by third-party ad servers or ad networks. We maintain relationships with a number of third-party ad networks that are currently operating. You may find more information on the website of either the individual ad network or the network advertising initiative. Your relationships, transactions, and any opt-out requests with any such third party are governed by the specific policy such third party has and not those of 360Connect.com.
We offer you choices when we ask for personal information whenever reasonably possible. We provide you the opportunity to “opt-out” of having your personal information used for certain purposes when we ask for this information. You may decline to provide personal information to us and/or refuse cookies in your browser, although some of our features or services may not function properly as a result.
If you no longer wish to receive newsletters and promotional communications, you may opt out of receiving them by following the instructions included in each newsletter or communication or by emailing or calling us using the information contained on our contact page. You may continue to receive email communications from us up to ten (10) business days from the time we receive your unsubscribe request.
Please note that 360Connect.com can only control its own mailing list and policies. Our business partners may maintain their own mailing lists, and you may need to contact these parties directly in order to stop receiving their communications. Third-party advertisers may also advertise our services, and you may have provided those third-party advertisers consent to receive those communications directly. Where that is the case, you may need to contact those third parties directly in order to stop receiving their communications. Although 360Connect.com only supports permission-based emails, 360Connect.com does not obligate itself to restrict third parties advertising 360Connect.com beyond that which is required by applicable law.
This Privacy Policy applies to all information that 360Connect.com collects. However, when you visit websites to which 360Connect.com provides a link, keep in mind that you will be interacting with a third party that operates under its own privacy and security policies and terms of use. If you choose to obtain certain services through a third-party site, the data collected by the third party is governed by that third party’s privacy policy. A third-party site will also have its own policy regarding the use of cookies and clear gifs. We encourage you to review the privacy policies and terms of use of any other service provider from whom you request services.
If you want to access or update the personal information you submitted to 360Connect.com please e-mail us at compliance@360onnect.com or write us at the following address:
360Connect.com
Attn: Customer Care
5926 Balcones Dr., Suite 130
Austin, TX 78731
If you have any questions, concerns or suggestions about our Privacy Policy, you may contact us:
(1) By sending an email to: compliance@360Connect.com
(2) By sending a letter to:
360Connect.com
5926 Balcones Dr., Suite 130
Austin, TX 78731
Unless otherwise stated above, 360Connect.com retains personal information only as long as required to fulfill the purposes described above, or as required by law.
We use the following criteria to determine how long to retain personal information:
360Connect.com reserves the right to update or modify this privacy statement at any time. The provisions contained in this Privacy Policy supersede all previous notices or policies regarding our privacy practices. We encourage you to check our site frequently to see the current privacy statement and to be informed of how we are committed to protecting your information and providing you with improved content on our website in order to enhance your online experience. Upon any material changes to the policy statement, we will post those changes to this privacy statement, the homepage, and/or other places we deem appropriate so that you are aware of what information we collect, how we use it, and under what circumstances, if any, we disclose it. Our Privacy Policy will indicate the date it was last updated. Your continued use of our site will signify your acceptance of the changes to our Privacy Policy.
CCPA, CPRA, VCDPA, and CPA
The California User privacy Act of 2018 (the CCPA) and the California Privacy Rights Act of 2020 (CPRA) may offer you additional rights as a California resident, the Virginia User Data Protection Act (VCDPA) may offer you additional rights as a Virginia resident and the Colorado Privacy Act (CPA) may offer you additional rights as a Colorado resident, as detailed below.
In accordance with California Civil Code Sec. 1798.100, businesses that collect personal information of California resident users have a responsibility to provide notice to the user regarding (1) The categories of personal information to be collected and the purposes for which the categories of personal information are collected or used and whether that information is sold or shared, (2) the categories of sensitive personal information to be collected and the purposes for which the categories of sensitive personal information are collected or used, and whether that information is sold or shared, and (3) the length of time the business intends to retain each category of personal information, including sensitive personal information, or if that is not possible, the criteria used to determine that period, among other information.
In accordance with the VCDPA and the CPA, businesses that collect personal information of Colorado and Virginia Users have a responsibility to provide notice to the user regarding the
categories of personal information to be collected and the purposes for which the categories of personal information are collected or used and whether that information is sold or shared. For information on how your personal information is collected and used, please read this Privacy Policy in its entirety.
In accordance with California law (under California Civil Code Secs. 1798.100, 1798.110, and 1798.115), the VCPDA, the CPA, and other applicable state and federal regulations, you may request confirmation of whether your information is being processed and a portable report of personal information collected about you, the categories of sources from which such personal information was collected, the purpose of such collection and the categories of third parties with whom your personal information was shared or sold. This complimentary report may be requested twice in a twelve-month period and will be provided within forty-five (45) calendar days from the request submission date upon verification of your identity. A request authentication measure is in place to ensure that your personal information is not being distributed to the wrong parties. Failure to comply with all necessary steps will result in an incomplete request and your user information report will not be sent. You may opt to receive your report electronically or by postal mail.
To request your report, call the following toll-free number or fill out our electronic form after clicking the link below:
888-391-4648
Consumer Privacy Rights Request Form | 360Connect
California Users under California Civil Code Sec. 1798.106, Virginia Users under the VCPDA, and Colorado Users under the CPA have the right to request that any personal information held by our business is corrected and that accurate information is on file. If you would like to request a correction of your personal information, then please complete our “Correct My Personal Information” form linked below.
Consumer Privacy Rights Request Form
If you are a California resident under California Civil Code Sec. 1798.105, a Virginia user under the VCPDA, or a Colorado user under the CPA you have the right to request that your personal information is removed from our systems. If you would like your personal information removed, please call the toll-free number below or fill out our information removal form after clicking the link below. All information removal requests will be processed within forty-five days of receipt of the request
888-391-4648
Consumer Privacy Rights Request Form | 360Connect
Right to Opt-Out of Sale or Sharing of your Data
As a California resident, you have the right to opt-out of the sale or sharing of your personal information. If you would like to opt-out, then please fill out our opt-out form after clicking the “Do Not Sell My Personal Information” link located at the bottom of the applicable website.
Consumer Privacy Rights Request Form | 360Connect
Virginia and Colorado Users also have the right to opt out of the processing of their personal data for purposes of targeted advertising, the sale of personal data, or profiling in furtherance of decisions that produce legal or similarly significant effects concerning the user. If you would like to opt out of the processing of your personal data for those purposes, then please complete our “Opt Out for Virginia and Colorado Resident” form linked below or click on the Do Not Sell or Share My Personal Information link located at the bottom of the applicable website.
As a user you have the right to request limited use and disclosure of your sensitive personal information. If you would like to limit the use or disclosure of this information, then please fill out our “Limit Use of My Sensitive Personal Information” form linked below
Consumer Privacy Rights Request Form | 360Connect
If you are a Virginia or Colorado user, we do not collect your sensitive data (as defined in the VCDPA and CPA) without your consent. That sensitive data includes personal data revealing racial or ethnic origin, religious beliefs, mental or physical health condition or diagnosis, sex life or sexual orientation, or citizenship or citizenship or immigration status; processing of genetic or biometric data for the purpose of uniquely identifying a natural person; personal data from a known child; and precise geolocation information (VCDPA only). To consent here and now, please fill out our “Consent to Use My Sensitive Information for Virginia and Colorado Residents” form linked below.
Under California Civil Code Sec. 1798.125, the VCDPA, and CPA, 360Connect.com shall not deny any good or service to you, charge you a different price, provide a different level or quality of any such good or service or suggest you will receive a different price due to your exercising any of your rights under the CCPA, CPRA, VCDPA, or CPA.
If you are a Colorado or Virginia user and if 360Connect.com denies your exercise of any of your rights set forth above, then you may appeal such denial by using the same method as described above to appeal that decision.
Companies that collect personal information from California residents and disclose such information to Third Parties (including affiliated entities) for marketing purposes must, in response to a request by a user, either (1) provide a list detailing the categories of information shared and the entities to which such information was provided, or (2) provide a mechanism by which a user may opt-out of having their information shared with Third Parties. We have elected the second option and you may request that your personal information not be shared with Third Parties by sending your request, including your full name, email address: compliance@360onnect.com, or by mail to:
California Privacy Information
c/o 360Connect.com
5926 Balcones Dr., Suite 130
Austin, TX 78731
In accordance with California Civil Code Sec. 1798.83, California resident users are entitled to know that they may file grievances and complaints with the California Department of User Affairs, 400 R Street, Suite 1080, Sacramento, CA 95814, or by phone at 916-445-1254 or 800-952-5210 or by email to dca@dca.ca.gov.
PLEASE PRINT AND RETAIN A COPY OF THIS POLICY FOR YOUR RECORDS.
LAST UPDATED 09/17/2024
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.
1.1 - 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.
2.1 - 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.
3.1 - 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:
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.
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.
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.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
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.
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.
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.
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.
11.1 - 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.
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).
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.
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.
15.1 - 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.
If you have any questions about these Terms, please contact us by email at customersuccess@360connect.com or call us at 888-391-4648.