Agreement between you/user and 360 Relationship

The 360 Relationship web site/site is offered to you under the condition of acceptance without modification of the terms, conditions and notices contained herein.  Please read this Terms of Use Agreement and our Privacy Statement carefully. Our Privacy Statement is to be considered part of and included in this Terms of Use Agreement.  This Terms of Use Agreement requires all disputes to be resolved by way of binding arbitration, which is described below.

Links to Third Party Sites

The 360 Relationship web site may contain links to resources and other web sites.  These linked sites are not under the control of 360 Relationship, and we are not responsible for the content or maintenance of those sites.  Any links provided are for the convenience of the user.  Such links do not imply endorsement by 360 Relationship of the site or its operators.

No unlawful or prohibited use

As a condition of the use of the 360 Relationship website, you agree that you will not use the site for any purpose that is unlawful or prohibited under the terms and conditions.  You may not use the 360 Relationship web site in a manner which would impair, damage or disable the site by any means.

Communication Services

The 360 web site contains sections for news and updates on our practice as well as articles on trends and interest to those seeking any of our service offerings.  These sections of the website including ‘360 View’ section which has been prepared for information purposes only.  These sections may also contain the ability for the user to keep updated on changes to these sections.  You as the user may need to subscribe to these services   to receive such updates.

Disclaimer of Representation and Warranty

360 Relationship, licensors and agents represent that the 360 Relationship services and the site are “as is” and “as available” without warranty of any kind. 360 Relationship, licensors and agents assume no responsibility for errors or omissions made by you, or errors or omissions in the content, information or other documents, which are referenced by or linked to the services and/or the site.  With respect to the 360 Relationship services and the site, and all content, data and information in relation thereto, 360 Relationship, licensors and agents expressly disclaim all warranties of any kind as to the services and all information, products and other content (including that of third parties) included in or accessible from the services, whether express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement.  Your use of the services and all information, products and other content (including that of third parties) included in or accessible from our site is at your sole risk.  Without limiting the generality of the foregoing, 360 Relationship, licensors and agents will not be liable for the accuracy or reliability of any data, information or content, for any services interruptions, or for any failure or delay resulting from any acts of force majeure or acts that are otherwise outside of 360 Relationship’s or its licensors’ or agents’ reasonable control, or any internet or telecommunications failure or your inability to access the services or the site.  Nor can 360 Relationship or its affiliates, licensors or agents guarantee the complete security of the services or the site, that the quality of any products, services, information, or other material purchased or obtained by you through the services will meet your expectations or that any errors in the technology will be corrected.  You agree that any downloads of content or materials related to the services or the site is done at your own risk and you are solely responsible for any damage to your computer/system or loss of data that results from the download of or access to any such materials.  In addition, we cannot always anticipate technical or other difficulties with the services, either presently or as they evolve; the services may contain bugs, errors or other problems, which may result in loss of data or settings.  Some jurisdictions do not allow the exclusion of certain warranties; accordingly, some of the above limitations may not apply to you.

Limitation of Liability

While every effort is made to ensure accuracy of all sections of the web site we recognize that errors or inaccuracies may occur from time to time.  Changes to the pages are made regularly and we will make every effort to correct any mistakes that are found.  Changes to the 360 Relationship web site can occur at any time.  Our infrastructure providers may also make changes or improvements to the site at any time.  Information that the user receives from the site should never be relied upon for making personal, financial, legal or financial decisions and we encourage users to seek out appropriate professional assistance that is specific to your situation.

360 Relationship makes no representations about the suitability, reliability, timeliness or accuracy of the information and services contained on the web site to the maximum extent permitted by applicable law.  All information and services contained on the 360 Relationship web site are provided “as is” without warranty or conditions.

To the maximum extent permitted by applicable law, in no event shall 360 Relationship and/or its suppliers be liable for any direct, indirect, incidental or consequential damages or any damages whatsoever, including, without limitation, damages for loss of use, data or profits arising out of the use or performance of the 360 Relationship website.  360 Relationship, licensors and agents shall not in any event be liable for any special, incidental, indirect or consequential damages of any kind, or for damages measured by lost profits, or for damages for lost opportunity, loss of goodwill, loss of use, loss of data or other intangible losses, even if 360 Relationship has been advised of the possibility of such damages, resulting from the use or inability to use the services or the site; the cost of substitute goods or services; any products, data, information or services purchased or obtained or messages received or transactions entered into, through or from the services; unauthorized access to or alteration of your transmissions or data, statements or conduct of anyone related to the services; the performance or non-performance of any third party account provider site, even if the provider has been previously advised of the possibility of such damages; or any provider or third party website, or any other matter relating to the services or the site.  Some jurisdictions do not permit the limitation or exclusion of certain categories of liability, so some of the above limitations may not apply to you.

Privacy and Your Personal Information

For more details on how your personal information will be used and protected by 360 Relationship, please read our Privacy Statement. This Privacy Statement explains how we protect your personal information and how we can utilize your personal information to deliver the Services. Our Privacy Statement may be updated from time to time at our discretion.  Changes to our Privacy Statement will be effective upon posting to our web site.

Governing Law and Venue

This Terms of Use Agreement and any services provided hereunder will be governed exclusively by the laws applicable in the State of California, excluding its provisions on conflicts or choice of law.  Subject to the arbitration provision below, you irrevocably and unconditionally consent to submit to the exclusive jurisdiction and venue of the state courts in San Francisco County, California or federal court for the Northern District of California with respect to any dispute or litigation arising under this Terms of Use Agreement or as the result of any Services.

Arbitration

Any dispute, claim or controversy arising out of or relating to this agreement or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, shall be determined by binding arbitration in San Francisco, California before a sole arbitrator. The arbitration shall be administered by jams pursuant to streamlined arbitration rules and procedures, and the arbitrator shall apply the laws applicable in the state of California.  Judgment on the award may be entered in any court having jurisdiction as specified above under “governing law and venue.” this clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction. The arbitrator may, in the award, allocate all or part of the costs of the arbitration, including the fees of the arbitrator and the reasonable attorneys’ fees of the prevailing party, and shall determine the prevailing party for this purpose.

Change of Terms

We may revise this Terms of Use Agreement at any time, and therefore we suggest that you check this Terms of Use Agreement from time to time.  We may notify you of any changes at the e-mail address associated with your account and you agree to accept email communications, links to and/or our posting of any revised Terms of Use Agreement on our web site, and you agree that any of these means of our communicating a change in the Terms of Use Agreement constitutes adequate notice to you. Your continued access or use of the 360 Relationship web site or any of the services indicates your agreement to be bound by any such revisions.

Termination/Usage Restrictions

360 Relationship reserves the right to terminate access the web site or any part of the site at any time without notice.  360 Relationship’s performance of this Terms of Use Agreement is subject to existing laws and legal process, and nothing contained in this Terms of Use Agreement is in derogation of 360 Relationship’s right to comply with governmental, court and law enforcement requests or requirements.  If any part of this Terms of Use Agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, 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 the Terms of Use Agreement shall continue in effect.  Unless otherwise specified herein, this Terms of Use Agreement constitutes the entire agreement between the user and 360 Relationship and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and 360 Relationship with respect to the web site.

Contact Us

Like most sites on the Internet, our web site contains a feature that allows you to contact us with your comments or questions. To use this feature, there is an icon at the top of each page on our website which you can click onto. When you click this icon, a list of contact options will appear or a direct link to your own email software, including the option to email 360 Relationship at contact@360relationship.com

Entire Agreement

The Terms of Use Agreement, including the separate Privacy Statement and any other documents referred to herein, represents the entire understanding between both you and 360 Relationship regarding the services and the subject matter hereof and supersedes any prior statements or representations.

Copyright and Trademark Notices

All contents of the 360 Relationship web site are:  Copyright 2013 by 360 Relationship.  All rights reserved.  Any rights not expressly granted herein are reserved.

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