Terms of Use

Agreement for your use of this website.

TERMS OF USE AGREEMENT

This website and its related downloadable applications (“Website”) is owned, operated, hosted, and maintained by 365 CONNECT, L.L.C. ("365 Connect," "we," “our” or "us"). These Terms of Use apply solely to this Website. The terms "you," "your," and "user" refer separately to each person (each individual and each entity for whom the individual acts) that accesses or uses the Website. By using this Website, or otherwise benefitting from this Website in any manner, you agree with us to these Terms of Use in their entirety. If you are under the age of 13 do not use this Website. If you are under the age of majority in your state (If you are a minor), do not use this Website without consent of a parent of legal guardian.

CERTAIN USE LIMITATIONS

365 Connect grants you a nonexclusive, nontransferable, revocable, limited license to access and use this Website solely for personal, non-commercial purposes, conditioned on your continued acceptance of, and compliance with, these Terms of Use. All rights not expressly granted herein are reserved.

You agree that at any time in our sole discretion, without notice to you and without liability of any kind, we may make improvements and/or changes to this Website, restrict or terminate your access to or use of any part or all of the Website, or refuse, move, or remove any material that you submitted to the Website.

You agree not to (and not to assist any third party to): (a) engage in commercial use of the Website or any content on the Website; (b) reproduce, copy, display, store, perform, re-post, publish, transmit, distribute, sell, offer for sale, license, modify, create derivative works, or otherwise use any portion of the content offered on the Website; (c) remove any copyright, trademark or other proprietary rights notices contained in or on the Website or any content or other material obtained via the Website or any services on the Website; (d) use any robot, spider, site search/retrieval application, or other automated device, process or means to access, retrieve or index any portion of the Website, such as for purposes of constructing or populating a searchable database of businesses or reviews; (e) collect or harvest any information about other users for any purpose; (f) reformat or frame any portion of the web pages that are part of the Website; (g) create or transmit unwanted electronic communications such as “spam” to other users or otherwise interfere with other users’ enjoyment of the Website; (h) transmit any viruses, worms, defects, Trojan horses or other items of a destructive nature; (i) use the Website to violate the security of any computer network, crack passwords or security encryption codes, or transfer or store illegal material, including any material that may be deemed threatening or obscene; (j) copy or modify the HTML code used to generate web pages on the Website; (k) use any device, software or procedure that interferes with the proper working of the Website, or otherwise attempt to interfere with the proper working of the Website; (l) take any action that imposes an unreasonable or disproportionately large load on our IT infrastructure; (m) modify, adapt, translate, or reverse engineer any portion of the Website; (n) use the Website for any purpose that is unlawful or prohibited or unauthorized by these Terms of Use.

CONTENT, LOGOS, AND GRAPHICS

All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, artwork, and computer code (collectively, “Content”), including but not limited to the design, structure, selection, coordination, expression, “look and feel” and arrangement of such Content, contained on the Website is owned, controlled or licensed by or to us, and is protected by trade dress, copyright, and trademark laws, and various other intellectual property rights and unfair competition laws.

Except as expressly provided in these Terms of Use, no part of the Website and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including “mirroring”) to any other computer, server, Website or other medium for publication or distribution or for any commercial enterprise, without our express prior written consent.

LINKS TO THIRD PARTY SITES

This Website may contain links, inline frames, feeds, embedded content to or from websites (collectively, "Links") operated by parties other than 365 Connect. Such links are provided for your convenience only, and do not indicate any endorsement of the material on such websites or any association with their operators. You agree that 365 Connect is not responsible or liable for such websites, the availability or contents of such websites, any products or services they offer, or any damages any of the foregoing may cause you.

PRIVACY

You agree that we may collect, use, and share information about you in any manner permitted by the Privacy Policy posted on this Website. You acknowledge that all communications are public and not private communications, and you agree to use caution when giving out any information about yourself. You agree to indemnify and hold 365 Connect and its members, managers, officers, employees, and affiliates harmless from any claim, demand, suit, damages, liability, or expense, including reasonable attorney’s fees, arising out of or relating to your participation in any communications.

SOFTWARE AVAILABLE ON THIS WEBSITE

Any software that is made available to download from this Website ("Software") is the copyrighted work of 365 Connect and/or its suppliers. Your use of any Software is governed by the terms of the end user license agreement, if any, that accompanies or is included with the Software. You may not install or use any Software that is accompanied by or includes a license agreement unless you first agree to the license agreement terms. For any Software not accompanied by a license agreement, 365 Connect hereby grants to you, the user, a personal, non-transferable license to use the Software solely for viewing and otherwise using this Website in accordance with these Terms of Use. You agree to keep intact all copyright and other proprietary notices.

All Software, including without limitation all code and active controls contained in this Website, is owned by 365 Connect and/or its suppliers and is protected by copyright laws and international treaty provisions. Any unlicensed reproduction or redistribution of any Software is expressly prohibited by law, and may result in severe civil and criminal penalties. Without limiting the foregoing, copying or reproduction of any Software to any other server or location for further reproduction or redistribution is expressly prohibited.

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

The information, software, products, and services included or displayed on this Website, may include inaccuracies, out-of-date information, and/or typographical errors. Any advice or other information you receive from this Website should not be relied upon. 365 Connect make no representations or warranties about the suitability, reliability, timeliness, availability, security, performance, condition, or accuracy of any information, software, products, services or related graphics contained on this Website for any purpose. All such information, software, products, services and related graphics are provided "AS IS" and "AS AVAILABLE" without warranty of any kind.

365 Connect hereby disclaim all warranties with regard to the information, software, products, services and related graphics on this Website, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement or arising from a course of dealing, course of performance, or usage. Without limiting the generality of the foregoing, 365 Connect specifically makes no, and disclaims any, representation or warranty (a) regarding the services, advice, information or links obtained through the Website; (b) that the Website or any information and materials therein will meet your requirements; (c) that the Website or any functions contained in the Website will be error-free, secure, timely, or uninterrupted; (d) that the results that may be obtained from the use of the Website or information and materials therein will be accurate, reliable, or available; (e) that any errors in the Website or information or materials therein will be corrected; or (f) that the Website and its contents and any server that makes the Website available are free of any viruses or other harmful components.

In no event shall 365 Connect be liable for any indirect, punitive, incidental, special, or consequential damages whatsoever, or any damages for loss of use, data or profits, or any damages of any kind in excess of $100, in each case arising out of or in any way connected with any use or performance of this Website, any delay or inability to use this Website, any provision of or failure to provide services through this Website, or any information, software, products, services or related graphics obtained through this Website, whether based on contract, tort, negligence, strict liability or otherwise, even if 365 Connect was advised of the possibility of the damages or the damages were foreseeable.

Because some states and other jurisdictions do not allow limitations on implied warranties or the exclusion or limitation of certain damages, some or all of the above disclaimers or limitations may not apply to you, and you might have additional rights.

INDEMNIFICATION

To the fullest extent permitted by law, you agree to indemnify and hold 365 Connect and its members, managers, officers, employees, and affiliates harmless from and against all claims, demands, suits, damages, losses, liabilities, and expenses, including reasonable attorney’s fees, arising out of or relating to (a) your breach of any of these Terms of Use or other terms of use contained on this Website; (b) your negligence, misconduct, or other wrongful act or omission; (c) your use or misuse of this Website or any of the information, materials, products, or services available on or through this Website; (d) any action of any person with whom you shared your password, account, computer, or other device; (e) any information or material you submitted to or posted on the Website; (f) any violation or infringement of any intellectual property, privacy, publicity, confidentiality, or proprietary rights of any third-party, or any violation of any law or regulation, arising from your use of the Website.

LIMITATIONS PERIOD

You agree that any claim or cause of action you may have arising out of or relating to your use of the Website or any information, software, product or service thereon must be filed by you within one year after such claim or cause of action arose or be forever barred.

MODIFICATION OF TERMS OF USE

365 Connect reserves the right to change these Terms of Use, and any other terms of use on the Website, at any time in its sole discretion, without prior notice and without liability to you of any kind, by posting the modified Terms of Use or other terms of use on this Website. By using the Website after our posting of any changes to these Terms of Use or other terms of use (other than simply to read the modified terms and delete your account), you agree to the changes and the modified terms. All changes shall be effective immediately upon posting, shall apply prospectively only, and no change shall apply to any dispute, controversy or claim pending or in progress at, or arising before or out of events occurring before, the time of the change, or alter any provisions with respect to a matter occurring prior to the time of the change.

ARBITRATION OF ANY DISPUTES

You and 365 Connect hereby agree that all disputes, controversies, and claims arising under, relating to, or in connection with these Terms of Use, or other terms of use on the Website, or the Privacy Policy, or the Website, or between you and 365 Connect (or any of our members, managers, officers, employees, agents, or affiliates) shall be resolved exclusively by confidential, final, and binding arbitration in New Orleans, Louisiana in accordance with the Commercial Arbitration Rules of the American Arbitration Association, except that all class action and representative claims and procedures are waived and precluded, and further, no dispute, controversy, or claim shall be arbitrated on a class or representative basis, and the arbitrator(s) shall have no authority to entertain class or representative actions or grant class relief. Any arbitral award, order, or judgment may be entered and enforced in any court of competent jurisdiction. Notwithstanding the foregoing, either party may seek injunctive or other appropriate equitable relief in any court of competent jurisdiction with respect to any violation or threatened violation by the other party of any copyright or trademark rights.

GENERAL

You agree that these Terms of Use and any dispute between you and us are governed by the laws of the State of Louisiana in the United States of America. You hereby consent to the personal jurisdiction and venue of courts in Louisiana with respect to all disputes arising out of or relating to these Terms of Use or the use of this Website.

You agree that no joint venture, partnership, employment, or agency relationship exists between you and 365 Connect as a result of this agreement or use of this Website.

365 Connect's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of 365 Connect's right to comply with governmental, court and law enforcement requests or requirements relating to your use of this Website or information provided to or gathered by 365 Connect with respect to such use.

You may not assign or transfer any of your rights or obligations under these Terms of Use, in whole or in part, without our prior written consent, and any attempted assignment in violation of the foregoing will be null and void and of no force or effect. We may assign any and all of our rights and obligations under these Terms of Use freely at any time without notice. Subject to the foregoing, these Terms of Use will bind and inure to the benefit of your and our successors and permitted assigns.

Our failure to exercise or enforce any right or provision shall not affect our right to exercise or enforce such right or provision at any time thereafter, nor shall our waiver of any breach or default of these Terms of Use constitute a waiver of any subsequent breach or default or a waiver of the provision itself.

Whereas if the Website has a feature that enables translation of these Terms of Use into a language other than English, the Terms of Use will be governed by the English language version.

If any part of these Terms of Use is determined to be invalid or unenforceable pursuant to applicable law, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms of Use shall continue in effect.

These Terms of Use constitute the entire agreement between you and 365 Connect with respect to this Website, except as otherwise indicated in these Terms of Use.

CONTACT INFORMATION

You may contact 365 Connect regarding this Website at the following email address: notices@365connect.com

365 Connect has designated the following email address to receive notifications of claimed copyright infringement involving this Website notices@365connect.com. Please include in your notice a description of the copyrighted work, a description of where the material you claim is infringing is located on the Website, a statement that you are the copyright owner or its agent, and your address, telephone number, and email address.

LAST MODIFIED MARCH 15, 2017