PLEASE READ THESE WEBSITE TERMS AND CONDITIONS OF USE ('TERMS OF SERVICE') BEFORE USING OUR WEBSITE. THESE TERMS OF SERVICE GOVERN YOUR ACCESS TO AND USE OF THIS WEBSITE AND SET FORTH THE LEGALLY BINDING TERMS AND CONDITIONS FOR YOUR USE OF THIS WEBSITE. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF SERVICE, DO NOT ACCESS OR USE THIS WEBSITE. BY ACCESSING OR USING THIS WEBSITE, YOU AGREE TO BE BOUND BY THE TERMS OF SERVICE AND ANY ADDITIONAL TERMS, CONDITIONS, AND POLICIES REFERRED TO HEREIN.
License and Ownership of Intellectual Property
Any and all intellectual property rights associated with the website and its contents, including but not limited to source codes, graphics, icons, and text contained on this website ('Intellectual Property') is the sole property of 360 Yield Center, LLC ('360 Yield Center'), its affiliates or third parties. The content of this website is intended for personal use only, and protected by Copyright and Trademark laws.
Except as otherwise expressly authorized by these Terms of Service, you may not reproduce, modify, lease, loan, license, sell, publish, duplicate, create derivative works from, upload, display, transmit, distribute, or otherwise exploit any Intellectual Property or any portion of this website in any way without 360 Yield Center's prior written consent. You further agree not to copy, use, or otherwise infringe upon or dilute the trademarks or service marks of 360 Yield Center, and agree not to alter or remove any trademark, copyright or other notice from any copies of the content on this website. Except as expressly provided herein, 360 Yield Center does not grant you any express or implied rights to 360 Yield Center's or any third party's Intellectual Property. Any party who seeks an expanded license or use of the materials provided on this website should contact the administrator of this website directly.
360 Yield Center grants users a limited, personal, nontransferable, nonsublicensable, revocable, nonexclusive license to access and use this website to view, browse, print, and occasionally download small amounts of Intellectual Property appearing on this Website for personal, noncommercial use. You must keep intact all copyright, trademark, and other notices contained in your personal copies.
Restriction on Use and Prohibited Activities:
In addition to other restrictions set forth in these Terms of Service, you agree that you will not post, e-mail, link, or otherwise make available any material that: (1) is unlawful, harmful, threatening, abusive, harassing, defamatory, pornographic, and/or invasive of another's privacy; (2) is false, deceptive, misleading, deceitful, and/or that impersonates any person or entity or falsely misrepresents an affiliation with a person or entity; (3) is patently offensive in that it promotes racism, bigotry, hatred, or physical harm of any kind against any group or individual on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability; (4) involves the furtherance or transmission of "junk mail," 'spam,¢ or unsolicited mass mailing of any kind; (5) promotes, displays, or promulgates pornographic or sexually explicit material of any kind; (6) constitutes abusive, threatening, harassing, or 'stalking' communications; (7) includes a source code, file, program, or software designed to interrupt, destroy, limit, copy, or control this website's platform, and/or that attempts to collect personal identifying information and data about users, through the use of any robot, spider, crawler, data mining tools, or other automatic device, and/or a manual process; (8) decompiles, reverse engineers, disassembles, or otherwise attempts to obtain the source code for the platform; or (9) imposes an unreasonable or disproportionately large load (flooding) on the website's hardware and software infrastructure to effect the quality of or quantity of material on the site.
You further agree that you will not (1) disguise the origin of information transmitted through this website; (2) place false or misleading information on this website; or (3) use or access any service, information, application, or software available through this website in a manner not expressly permitted by 360 Yield Center.
Disclaimer of Warranties
360 YIELD CENTER MAKES NO REPRESENTATIONS ABOUT THE RESULTS TO BE OBTAINED FROM USING THIS WEBSITE OR THE INFORMATION CONTAINED IN THIS WEBSITE.
AN INDIVIDUAL'S USE OF AND/OR RELIANCE UPON ANY SERVICE OR INFORMATION ON THIS WEBSITE IS AT THAT INDIVIDUAL'S SOLE RISK. INFORMATION IS MADE AVAILABLE ONLY ON AN 'AS IS' AND 'AS AVAILABLE' BASIS. 360 YIELD CENTER MAKES NO EXPRESS OR IMPLIED REPRESENTATIONS, WARRANTIES, OR GUARANTEES WITH REGARD TO THE APPROPRIATENESS, ACCURACY, SUFFICIENCY, CORRECTNESS, VERACITY, VALUE, COMPLETENESS, OR TIMELINESS OF THE CONTENT ON THIS WEBSITE AND EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO THE WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
Some jurisdictions do not allow for the exclusion of implied warranties, so the above exclusions of implied warranties may not be applicable under certain circumstances. Under these circumstances, all other exclusions remain in force.
Limitation of Liability
IN NO EVENT SHALL 360 YIELD CENTER, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICES, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVICES, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
YOU SPECIFICALLY ACKNOWLEDGE THAT 360 YIELD CENTER SHALL NOT BE LIABLE FOR CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
The Service is controlled and offered by 360 Yield Center from its facilities in the United States of America. 360 Yield Center makes no representations that the Service is appropriate or available for use in other locations. Those who access or use the Service from other jurisdictions do so at their own volition and are responsible for compliance with local law.
Third Party Links
360 Yield Center may include links directly to third-party websites. 360 Yield Center does not endorse, sponsor, or guarantee linked websites and is not responsible in any way for any content, information, products, advice, or services made available through linked websites. Users who click on links to third-party sites should be aware they are leaving this website and shall be subject to the privacy policy and terms of service of any third-party website the user selects. Website operators who wish to link to this site may only link to the home page. 360 Yield Center reserves the right, however, to reject or terminate any links to the content of this site.
User Representations and Indemnifications
You, as the user, shall not post any content or material on this website unless you first represent and warrant (i) the submitted materials do not and/or will not violate any applicable federal, state, or local law or regulation; (ii) the materials submitted do not and/or will not infringe or misappropriate any copyright, trademark, trade secret, patent, or any other intellectual property right of any third party, including the rights of privacy or publicity, and (iii) you have the necessary authority, rights, and permission to post the material submitted.
If you post any material in violation of any of the rules identified above, you agree to release, defend, indemnify, and hold 360 Yield Center, its respective officers, directors, employees, agents, affiliates, associates, and/or contractors harmless from and against any and all claims, costs, demands or expenses, and or consequential damages, including attorneys' fees, arising from any distribution, publication, deletion, movement, editing, or other use of the materials provided.
Furthermore, to the extent permitted by applicable law, you agree to defend, indemnify and hold harmless 360 Yield Center, its subsidiaries, affiliates, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the Service; (ii) your violation of any term of these Terms of Service; or (iv) any claim that your Content caused damage to a third party. This defense and indemnification obligation will survive these Terms of Service and your use of the Service.
Choice of Laws and Consent to Jurisdiction
To the fullest extent permitted by law, these Terms of Service are be governed by and construed in accordance with the laws of the State of Illinois without regard to its conflicts of law provisions. To the fullest extent permitted by law, you expressly agree that any cause of action you may have with respect to the website must be exclusively filed in the federal or state courts located in Tazewell County, Illinois, within one (1) year after the cause of action arises or the cause is barred. You hereby consent to personal jurisdiction in the federal and state courts in Tazewell County, Illinois, and waive any objection based on forum non conveniens. As a condition of using this website, you agree that all causes of action arising out of or connected with this website shall be resolved individually, without resort to any form of class action.
Ability to Accept Terms of Service
You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and to abide by and comply with these Terms of Service. In any case, you affirm that you are over the age of 13, as the Service is not intended for children under 13.
Assignment
These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by 360 Yield Center without restriction.
Severability
If for any reason a court of competent jurisdiction finds any provision of these Terms of Service, or portion thereof, to be unenforceable, that provision of these Terms of Service will be enforced to the maximum extent permissible so as to affect the intent of the parties, and the remainder of these Terms of Service will continue in full force and effect. A failure by 360 Yield Center to enforce any provision of these Terms of Service will not be deemed a waiver of future enforcement of any provision. These Terms of Service constitutes the entire agreement between the parties. Neither this Terms of Service, nor any terms and conditions contained herein, shall be construed as creating a partnership, joint venture, or agency relationship or granting a franchise between the parties.
Changes to these Terms of Service
360 Yield Center reserves the right to occasionally amend, modify, or update these Terms of Service at any time without prior notice. For this reason, you should review these Terms of Service each time you purchase products or use this website or its contents.
Contact Information
360 Yield Center welcomes your comments regarding these Terms of Service. If you have questions or suggestions, or if you believe that 360 Yield Center has not adhered to these Terms of Service, or if you want to report a violation of these Terms of Service please contact 360 Yield Center at support@360yieldcenter.com.
