Terms of Use

Agreement for your use of this website.

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TERMS OF USE AGREEMENT

This website and its related downloadable applications and services (collectively, our “Website” or “Services”) is operated, hosted, and maintained by 365 CONNECT, L.L.C. ("365 CONNECT,” “365connect.com," "we," “our” or "us"). In addition to information, materials, products, and services from us, this Website may also feature information, materials, products, and services provided by third parties, including but not limited to, software providers, payment processors, and other service providers (collectively, the “Third Party Providers”). These Terms of Use (“Terms,” “Terms of Use,” or “Agreement”) apply solely to this Website. The terms "you," "your," and "user" (collectively the “Users”) refer separately to each person (each individual and each entity for whom the individual acts) that accesses or uses this Website. 

By using this Website, establishing an account on this Website, posting any information on 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 or legal guardian.

Your use of this Website is also subject to the Terms of Use contained within this Website that apply to particular parts of this Website, which more specific Terms shall control to the extent of any conflict with the Terms herein. You agree to familiarize yourself with the more specific Terms on this Website and abide by them if you use the pages or services to which they apply.

ARBITRATION NOTICE AND CLASS ACTION WAIVER: EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN THE ARBITRATION SECTION BELOW, YOU AGREE THAT DISPUTES BETWEEN YOU AND US WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS. ANY ACTION AGAINST US OR TO WHICH WE ARE JOINED AS A PARTY SHALL BE BROUGHT IN THE PARISH OF JEFFERSON, STATE OF LOUISIANA.

CERTAIN USE LIMITATIONS

We grant 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, Terms of Use, Privacy Policy, or restrict or terminate your access to or use of any part or all of this Website, or refuse, move, or remove any material that you submitted to this Website. 

You represent, warrant, and agree that any information or materials you submit to or post on this Website (a) shall be true, accurate, and current; (b) will not, directly or indirectly, violate, infringe or breach any duty toward or rights of any person or entity, including without limitation any copyright, trademark, service mark, trade secret, other intellectual property, publicity or privacy, or Fair Housing right; (c) will not be fraudulent, misleading, hateful, tortious, defamatory, slanderous, libelous, abusive, violent, threatening, profane, vulgar, or obscene; (c) will not harass others, promote bigotry, racism, hatred or harm against any individual or group, promote discrimination based on race, sex, religion, nationality, sexual orientation or age, or otherwise interfere with another's use of this Website; (d) will not promote illegal, or harmful activities; and (e) will not be illegal, unlawful, or contrary to any applicable laws or regulations where created, displayed, or accessed.

You agree not to (and not to assist any third-party to): (a) engage in commercial use of this Website or any content on this 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 this Website for other than your own personal, non-commercial use; (c) remove any copyright, trademark or other proprietary rights notices contained in or on this Website, any content or other material obtained via this Website or any services on this 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 this Website, such as for purposes of constructing or populating a searchable database of business information; (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 this Website; (g) create user accounts by automated means or under false, misleading or fraudulent pretenses; (h) create or transmit unwanted electronic communications such as “spam” to other users, or otherwise interfere with other users’ enjoyment of this Website; (i) transmit any viruses, worms, defects, Trojan horses or other items of a destructive nature; (j) use this 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; (k) copy or modify the HTML code used to generate web pages on this Website; (l) use any device, software or procedure that interferes with the proper working of this Website, or otherwise attempt to interfere with the proper working of this Website; (m) take any action that imposes an unreasonable or disproportionately large load on our IT infrastructure; (n) modify, adapt, translate, or reverse engineer any portion of this Website; (o) use this Website to violate any law or regulation, including but not limited to Fair Housing laws and regulations, or (p) use this Website for any purpose that is unlawful, prohibited, or unauthorized by these Terms of Use or a law.

THIRD PARTY INFORMATION, MATERIALS, PRODUCTS, AND SERVICES

This Website may feature information, materials, products, and services provided by Third Party Providers, including but not limited to, software providers, payment processors, and other service providers. All such information, materials, products, and services made available by Third Party Providers, such as product information, renter screening services, payment processing services, messaging platforms, and educational resources are those of the Third Party Providers and not us. We make no representation or warranty with respect to, nor do we guarantee or endorse, and we disclaim any express or implied warranty relating to, the accuracy, completeness, quality, timeliness, non-infringing nature, legality, condition, or reliability of any third party information, materials, products, or services. 

If you choose to communicate or contract with any third party, or use any information, materials, services or products of any third party, you agree that you will address any issues or disputes regarding such matters directly with the third party, and not us.  You acknowledge that your participation in any services provided by a third party or purchase of any product from a third party will constitute your consent to such third party's terms of service or terms of use with respect to such service or product.

This Website may utilize Google Maps, Google Translate and related content licensed to us by Google and its licensors. By using the Google Maps and Google Translate features available on this Website, you are agreeing to be bound by the applicable policies, terms and conditions of Google.

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 us. 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 we are 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, with respect to any product or service 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 or your children. You agree to indemnify, and hold us and our 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.

PERSONAL DATA UNDER THE GDPR AND CCPA

We may process personal data as part of the Services provided on this Website, to which certain data protection or privacy laws may apply, including the European Union’s General Data Protection Regulation (“GDPR”) and the California Consumer Privacy Act (CCPA). For the purposes of this Terms of Service, personal data shall have the meaning set forth in our Privacy Policy. 

Under the GDPR we may qualify as the “Controller” for personal data that we store, transmit or manage for our use. By uploading and storing content on our servers you acknowledge and agree that we shall act as a data Controller regarding your content. Please refer to our EU Privacy Policy for complete information on what personal data we collect and how we process and disclose it.

SOFTWARE AVAILABLE ON THIS WEBSITE

Any software that is made available to download from this Website ("Software") is our copyrighted work, or in the event we use a third party to power a feature or function, our vendors or integration partners. 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, we hereby grant 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.

All Software, including without limitation to all code and active controls contained in this Website, is owned by us, or in the event we use a third party to power a feature or function, our vendors or integration partners, and is protected by copyright laws and international treaty provisions. Any unlicensed reproduction or redistribution of any Software, including without limitation all code and active controls contained in this website, 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 any reason, including but not limited to, the further reproduction or redistribution is expressly prohibited.

TRADEMARKS

This Website may display certain trademarks, trade names, service marks, designs or design marks, logos, designations and symbols on this Website (collectively, the “Marks”), which all whether or not registered in the United States, are owned, controlled, adopted, and used as the sole exclusive property of us. This Website may also contain Marks that belong to others, such as vendors, suppliers, integration providers, or third-parties, which are their respective sole exclusive properties. You agree not to (and not to assist any third party to): (a) engage in commercial use of the Marks displayed on this 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 Marks displayed on this Website for other than your own personal, non-commercial use; (c) remove any Marks or other proprietary rights notices contained in or on this Website, or any content or other material obtained via this Website or any services on this Website; (d) modify, adapt, translate, or reverse engineer any portion of the Marks, or (e) use the Marks for any purpose that is unlawful, or prohibited, or unauthorized by these Terms of Use or by law.

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

The information, Software, products, and services included on this Website, Including Third Party Information, news, events, video content, testimonials, and educational resources, may include inaccuracies, out-of-date information, and/or typographical errors. Any advice or other information you receive 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.

We make no representations or warranties about the suitability, reliability, timeliness, availability, security, performance, condition, or accuracy of any information, Software, products, content, services, Third Party Information, or related graphics contained on this Website for any purpose.  All such information, Software, products, services, Third Party Information, and related graphics are provided "AS IS" and "AS AVAILABLE" without warranty of any kind.  We hereby disclaim all warranties with regard to the information, Software, products, services, Third Party Information, and related graphics on this Website, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement arising from a course of dealing, course of performance, or usage.  Without limiting the generality of the foregoing, we specifically make no, and disclaim any, representation or warranty (a) regarding the services, advice, information, Third Party Information, or links obtained through this Website; (b) that this Website or any information, Third Party Information and materials therein will meet your requirements; (c) that this Website or any functions contained in this Website will be error-free, secure, timely, or uninterrupted; (d) that the results that may be obtained from the use of this Website, Third Party Information, or information and materials therein will be accurate, reliable, or available; (e) that any errors in this Website, Third Party Information, or information or materials therein will be corrected; or (g) that this Website and its contents, any Third Party Information, and any server that makes this Website available are free of any viruses or other harmful components.

In no event shall we 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 Third Party Information, content, software, products, services or related graphics obtained through this Website, whether based on contract, tort, negligence, strict liability or otherwise, even if we were advised of the possibility of the damages or the damages were foreseeable.

THIS LIMITATION OF LIABILITY IS PART OF THE BASIS OF THE BARGAIN BETWEEN YOU AND US, AND SHALL APPLY TO ALL CLAIMS OF LIABILITY (E.G. WARRANTY, TORT, NEGLIGENCE, CONTRACT, LAW) EVEN IF WE OR OUR AFFILIATES HAVE BEEN TOLD OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF THESE REMEDIES FAIL THEIR ESSENTIAL PURPOSE.

INDEMNIFICATION

To the fullest extent permitted by law, you agree to indemnify and hold us and our 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 acts or omissions; (c) your use or misuse of this Website, or any of the Third Party Information, materials, products, or services available on or through this Website including any content you posted on the site; (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 this Website; (f) any violation or infringement of any intellectual property, privacy, publicity, confidentiality, Fair Housing, or proprietary rights of any third-party, or any violation of any law or regulation, arising from your use of this Website.

FORCE MAJEURE

In the event that we are unable to perform any of its obligations under the Terms of Use due to an event ("Force Majeure Event") beyond its control, such as a natural disaster, terrorism, fire, explosion, power blackout, earthquake, flood, the elements, strike, embargo, labor disputes, acts of civil or military authority, war, acts of god, acts or omissions of carriers or suppliers, acts of regulatory or governmental agencies, actions or decrees of governmental bodies or communication line failure, it shall not be in breach of its obligations under the Terms of Use, or incur any liability to any party for any losses or damages of any nature whatsoever, which were incurred or suffered by a Force Majeure Event.

LIMITATIONS PERIOD

You agree that any claim or cause of action you may have arising out of, or relating to your use of this 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.

LIMITATION OF LIABILITY

To the maximum extent permitted by law, neither we, our parent, affiliates, or subsidiaries, nor any of our, or their respective directors, employees, agents, vendors or suppliers will be liable for any direct, indirect, special, punitive, consequential or incidental damages including, without limitation, lost profits or revenues, costs of replacement goods, or loss or damage, arising out of the use or inability to use this Website  or damages from the use of or reliance on the information presented to us.  

TECHNOLOGY RIGHTS

You will not at any time directly or indirectly reverse engineer, recompile, reverse assemble, copy, or create derivative works based upon our proprietary technology. You further acknowledge and agree that any and all web properties contained inside of this Website, including without limitation, technology, intellectual property, software, templates, themes, or other information, is the sole property of ours, and you merely have a license to use this Website. The provisions of this paragraph, among others, shall survive the termination of this Agreement.

APPLICABLE LAW

By using this website you agree that the laws of the State of Louisiana, without regard to principles of conflict of laws, will govern this Agreement and any dispute of any sort that might arise between you and us. You hereby irrevocably and unconditionally submit to the jurisdiction of courts located in the Parish of Jefferson, State of Louisiana, and you hereby consent to the personal jurisdiction of such courts and expressly waive any right you may otherwise have to cause any such action or proceeding to be brought elsewhere.

DISPUTES

ANY DISPUTE RELATING IN ANY WAY TO YOUR USE OF THIS WEBSITE SHALL BE SUBMITTED TO CONFIDENTIAL BINDING ARBITRATION EXCEPT FOR INTELLECTUAL PROPERTY CLAIMS BROUGHT BY EITHER PARTY (WHICH FOR PURPOSES OF THIS SECTION DO NOT INCLUDE PRIVACY AND PUBLICITY CLAIMS) AND CLAIMS THAT MAY BE BROUGHT IN SMALL-CLAIMS COURT. YOU AGREE THAT ANY AND ALL CLAIMS ARE TO BE BROUGHT IN THE PARISH OF JEFFERSON, STATE OF LOUISIANA.

CONFIDENTIAL ARBITRATION UNDER THIS AGREEMENT SHALL BE RESOLVED EXCLUSIVELY UNDER THE CONSUMER ARBITRATION RULES THEN PREVAILING OF THE AMERICAN ARBITRATION ASSOCIATION ("AAA'S CONSUMER RULES"), EXCLUDING ANY RULES AND PROCEDURES GOVERNING OR PERMITTING CLASS OR REPRESENTATIVE ACTIONS. THESE RULES ARE AVAILABLE AT THE AMERICAN ARBITRATION ASSOCIATION'S WEBSITE. ANY CLAIM NOT SUBJECT TO ARBITRATION SHALL BE SOLELY BROUGHT IN THE STATE OF LOUISIANA, IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF LOUISIANA. IN THE EVENT THAT THE ONLY CLAIMS BROUGHT BY THE COMPLAINING PARTY IS A STATE LAW CLAIM, SUCH CLAIM SHALL BE BOUGHT IN THE PARISH OF JEFFERSON, STATE OF LOUISIANA.

YOU AND US AGREE TO EXPRESSLY WAIVE ANY RIGHTS TO FILE CLASS OR REPRESENTATIVE ACTIONS, OR SEEK RELIEF ON A CLASS OR REPRESENTATIVE BASIS IN ANY JURISDICTION OR FORUM.

THE ARBITRATOR SHALL APPLY LOUISIANA LAW, AND THE ARBITRATOR'S AWARD SHALL BE BINDING, AND MAY BE ENTERED AS A JUDGMENT IN ANY COURT OF COMPETENT JURISDICTION. THERE SHALL BE NO APPEAL FROM ANY AWARD OF THE ARBITRATOR. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NO ARBITRATION UNDER THIS AGREEMENT SHALL BE JOINED TO AN ARBITRATION INVOLVING ANY OTHER PARTY SUBJECT TO THIS AGREEMENT, WHETHER THROUGH CLASS ARBITRATION PROCEEDINGS OR OTHERWISE. IF ANY PART OF THIS ARBITRATION PROVISION IS FOUND TO BE INVALID, UNENFORCEABLE OR ILLEGAL, THE REST OF THIS PROVISION SHALL REMAIN IN EFFECT.

IF THE ENTIRE ARBITRATION PROVISION IS FOUND TO BE INVALID OR UNENFORCEABLE, THEN THE PARTIES CONSENT TO PERSONAL JURISDICTION AND EXCLUSIVE VENUE IN THE STATE COURT LOCATED IN THE PARISH OF JEFFERSON, STATE OF LOUISIANA.

If you initiate the arbitration, your arbitration fees will be limited to the filing fee set forth in the AAA's Consumer Rules.

Our performance of this Agreement is subject to existing laws and legal process, and nothing contained in this Agreement is in derogation of our rights 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 us 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 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 this 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 us with respect to this Website, except as otherwise indicated in these Terms of Use.

SEVERABILITY

In the event that any portion of this Agreement is found to be unenforceable by a court of competent jurisdiction, the remaining portions shall remain in full force and effect to the degree necessary to preserve the intent of the parties.

GOVERNING LAW

This Agreement shall be governed by and interpreted under the laws of the State of Louisiana without regard to its conflicts of laws analysis. All claims brought by either us or you under this Agreement shall exclusively be brought in the State of Louisiana, Parish of Jefferson, and you hereby irrevocably and unconditionally submit to the jurisdiction of courts located in the Parish of Jefferson, State of Louisiana, and you hereby consent to the personal jurisdiction of such courts and expressly waive any right you may otherwise have to cause any such action or proceeding to be brought elsewhere.

COPYRIGHT INFRINGEMENT POLICY

WE DO NOT KNOWINGLY PERMIT COPYRIGHT INFRINGING ACTIVITIES ON THIS WEBSITE.

We honor the requirements set forth in the Digital Millennium Copyright Act. We therefore take reasonable steps to expeditiously remove from our Services any infringing material of which we become aware. If we become aware that any User has repeatedly infringed copyrights, we will take reasonable steps within our power to terminate the User's account.

If you file a notice by mail with us, it must comply with the requirements set forth at 17 U.S.C. § 512(c)(3). That means the notice must (a) contain the physical or electronic signature of a person authorized to act on behalf of the copyright owner; (b) identify the copyrighted work that is claimed to have been infringed; (c) identify the material that is claimed to be infringing, or to be the subject of the infringing activity that is to be removed, or access to which is to be disabled, and information reasonably sufficient to let us locate the material; (d) provide your contact information, including your address, telephone number, and an email address; (e) provide a personal statement that you have a good-faith belief, that the use of the material in the manner complained of, is not authorized by the copyright owner, its agent, or the law; and (f) provide a statement that the information in the notification is accurate and, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.

We make it easy for you to report suspected copyright infringement. If you believe that anything on this Website infringes a copyright that you own or control, please contact us as follows:
EMAIL: notices@365connect.com
ATTN: Copyright Agent

MODIFICATION OF TERMS OF USE

We reserve the right to change these Terms of Use, and any other terms of use on this Website, at any time in our 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 this 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.

CONTACTING THE WEBSITE

If you have any questions about this Terms of Use, the practices of this Website or your dealings with this Website, or have a question regarding the products or services offered by any of the third-party providers, please email us at: notices@365connect.com

UPDATED: JANUARY 1, 2020