Terms of Use for This Site
AGREEMENT FOR USE
This Website is offered to you conditioned on your
acceptance without modification of the terms, conditions, and notices contained
herein. Your use of this Website constitutes your agreement to all such terms, conditions,
and notices. This Website contains links to Websites, Web pages and services also
operated by 365 Connect, LLC ("365 Connect") or its affiliates (the "365 Connect
Sites"), and your use of each 365 Connect Site is also subject to the Terms of Use
and other terms and guidelines, if any, contained within each 365 Connect Site.
In the event that any of the terms, conditions, and notices contained herein conflict
with the Terms of Use or other terms and guidelines contained within any particular
365 Connect Site, then the Terms of Use and other terms and guidelines for such
365 Connect Site shall control. You agree to click on the links to and familiarize
yourself with the Terms of Use and other terms and guidelines found throughout this
Website and the 365 Connect Sites and abide by them if you choose to use the sites,
pages or services to which they apply.
PERSONAL AND NON-COMMERCIAL USE LIMITATION
This Website is for your personal and non-commercial use. You may not modify, copy,
distribute, transmit, display, perform, reproduce, publish, license, create derivative
works from, transfer, or sell any information, software, products or services obtained
from this Website.
LINKS TO THIRD PARTY SITES
This Website and the 365 Connect Sites
may contain links to Websites operated by parties other than 365 Connect. Such links
are provided for your convenience only. 365 Connect does not control such Websites,
and is not responsible for their contents. 365 Connect’s inclusion of links to such
Websites does not imply any endorsement of the material on such Websites or any
association with their operators.
NO UNLAWFUL OR PROHIBITED USE
As a condition of
your use of this Website, you warrant to 365 Connect that you will not use this
Website for any purpose that is unlawful or prohibited by these terms, conditions,
and notices.
USE OF ONLINE WEB COMMUNITIES
If this Website contains bulletin board
services, chat areas, news groups, forums, communities and/or other message or communication
facilities (collectively, "Communities"), you agree to use the Communities only
to send and receive messages and material that are proper and related to the particular
Forum. By way of example, and not as a limitation, you agree that when using a Community,
you will not: Defame, abuse, harass, stalk, threaten or otherwise violate the legal
rights (such as rights of privacy and publicity) of others. Publish, post, upload,
distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene,
indecent or unlawful topic, name, material or information. Upload files that contain
software or other material protected by intellectual property laws (or by rights
of privacy of publicity) unless you own or control the rights thereto or have received
all necessary consents. Upload files that contain viruses, corrupted files, or any
other similar software or programs that may damage the operation of another's computer.
Advertise or offer to sell any goods or services for any commercial purpose. Conduct
or forward surveys, contests, pyramid schemes or chain letters. Download any file
posted by another user of a Forum that you know, or reasonably should know, cannot
be legally distributed in such manner. Falsify or delete any author attributions,
legal or other proper notices or proprietary designations or labels of the origin
or source of software or other material contained in a file that is uploaded. Restrict
or inhibit any other user from using and enjoying the Communities. 365 Connect reserves
the right to terminate your access to any or all of the Communities at any time
without notice for any reason whatsoever. 365 Connect has no obligation to monitor
the Communities. However, 365 Connect reserves the right at all times to disclose
any information as necessary to satisfy any applicable law, regulation, legal process
or governmental request, or to edit, refuse to post or to remove any information
or materials, in whole or in part, in 365 Connect’s sole discretion. You acknowledge
that all Communities are public and not private communications, therefore your communications
may be read by others without your knowledge. Always use caution when giving out
any personally identifying information about yourself or your children in any Community.
365 Connect does not control or endorse the content, messages or information found
in any Community and, therefore, 365 Connect specifically disclaims any liability
with regard to the Communities and any actions resulting from your participation
in any Community. Forum managers and hosts are not authorized 365 Connect spokespersons,
and their views do not necessarily reflect those of 365 Connect. By posting messages,
uploading files, inputting data, or engaging in any other form of communication
through this Website, you are granting 365 Connect permission to: Use, modify, copy,
distribute, transmit, publicly display, publicly perform, reproduce, publish, sublicense,
create derivative works from, transfer, or sell any such communication. Sublicense
to third parties the unrestricted right to exercise any of the foregoing rights
granted with respect to the communication. The foregoing grants shall include the
right to exploit any proprietary rights in such communication, including but not
limited to rights under copyright, trademark, service mark or patent laws under
any relevant jurisdiction.
SOFTWARE AVAILABLE ON THIS WEBSITE
Software (if any)
that is made available to download from this Website ("Software") is the copyrighted
work of 365 Connect and/or its suppliers. Your use of the Software is governed by
the terms of the end user license agreement, if any, which accompanies or is included
with the Software ("License Agreement"). 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 for viewing and otherwise using this Website in accordance with
these terms and conditions, and for no other purpose provided that you keep intact
all copyright and other proprietary notices. Please note that 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 reproduction or redistribution of the Software is expressly
prohibited by law, and may result in severe civil and criminal penalties. Violators
will be prosecuted to the maximum extent possible. WITHOUT LIMITING THE FOREGOING,
COPYING OR REPRODUCTION OF THE SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER
REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED. THE SOFTWARE IS WARRANTED,
IF AT ALL, ONLY ACCORDING TO THE TERMS OF THE LICENSE AGREEMENT. You acknowledge
that the Software, and any accompanying documentation and/or technical information,
is subject to applicable export control laws and regulations of the United States
of America. You agree not to export or re-export the Software, directly or indirectly,
to any countries that are subject to United States of America export restrictions.
LIABILITY DISCLAIMER
The information, software, products, and services included
on this Website may include inaccuracies or typographical errors. Changes are periodically
added to the information herein. 365 Connect and/or its respective suppliers may
make improvements and/or changes in this Website at any time. Advice received via
this Website should not be relied upon for personal, medical, legal or financial
decisions and you should consult an appropriate professional for specific advice
tailored to your situation.
365 CONNECT AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO
REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, TIMELINESS, AND ACCURACY OF
THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON
THIS WEBSITE FOR ANY PURPOSE. ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES
AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. 365 CONNECT
AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH
REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING
ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, TITLE AND NON-INFRINGEMENT. IN NO EVENT SHALL 365 CONNECT AND/OR ITS SUPPLIERS
BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL
DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS
OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR
PERFORMANCE OF THIS WEBSITE, WITH THE DELAY OR INABILITY TO USE THIS WEBSITE, THE
PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS,
SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THIS WEBSITE, OR OTHERWISE ARISING
OUT OF THE USE OF THIS WEBSITE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY
OR OTHERWISE, EVEN IF 365 CONNECT OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE
POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION
OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION
MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THIS WEBSITE,
OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE
USING THIS WEBSITE.
ACCESS RESTRICTION
365 Connect reserves the right to deny in
its sole discretion any user access to this Website or any portion thereof without
notice.
MODIFICATION OF THESE TERMS AND CONDITIONS
365 Connect reserves the right
to change the terms, conditions, and notices under which this Website is offered.
SERVICE CONTACT
Contact 365 Connect regarding this Website as follows: support@365connect.com
GENERAL
This agreement is governed by the laws of the United States of America.
You hereby consent to the exclusive jurisdiction and venue of courts in the United
States Eastern District Court, New Orleans, Louisiana in all disputes arising out
of or relating to the use of this Website. Use of this Website is unauthorized in
any jurisdiction that does not give effect to all provisions of these terms and
conditions, including without limitation this paragraph. 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. If any part of this 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 agreement
shall continue in effect. This agreement constitutes the entire agreement between
the user and 365 Connect with respect to this Website and it supersedes all prior
or contemporaneous communications and proposals, whether electronic, oral or written,
between the user and 365 Connect with respect to this Website. A printed version
of this agreement and of any notice given in electronic form shall be admissible
in judicial or administrative proceedings based upon or relating to this agreement
to the same extent and subject to the same conditions as other business documents
and records originally generated and maintained in printed form. Fictitious names
of companies, products, people, characters and/or data mentioned herein are not
intended to represent any real individual, company, product or event. Any rights
not expressly granted herein are reserved.
COPYRIGHT AND TRADEMARK NOTICES
All contents
of this Website are: Copyright © - 365 Connect, LLC - All rights reserved.