Welcome to e360Digital ("Company," "we," "our," or "us"). These Terms and Conditions ("Terms") govern your access to and use of our website, applications, products, and services (collectively, the "Services"). Please read these Terms carefully before using our Services.
By accessing or using our Services, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree with any part of these Terms, you must not access or use our Services.
You must be at least 18 years old to use our Services. Using our Services, you represent and warrant that you meet the eligibility requirements. If you are using the Services on behalf of a business or legal entity, you further represent and warrant that you have the authority to bind that entity to these Terms.
3.1 Account Creation
To access certain features of our Services, you may need to register for an account. When registering, you agree to provide accurate, current, and complete information and to update such information to keep it accurate, current, and complete.
3.2 Account Security
You are solely responsible for maintaining the confidentiality of your account credentials, including your username and password. You agree to notify us immediately of any unauthorized access to or use of your account. We reserve the right to deactivate any user account at any time if we believe you have failed to comply with these Terms.
3.3 Account Termination
We reserve the right to suspend or terminate your account at any time for any reason, including but not limited to violation of these Terms. Upon termination, your right to use the Services will immediately cease.
Your use of our Services is also governed by our Privacy Policy, which is incorporated into these Terms by reference. By using our Services, you consent to collecting, using, and sharing your information as described in our Privacy Policy.
5.1 Ownership
All content, features, and functionality of our Services, including but not limited to text, graphics, logos, icons, images, audio clips, digital downloads, data compilations, software, and the design, selection, and arrangement thereof ("Company Content"), are owned by e360Digital, its licensors, or other providers and are protected by copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
5.2 License to Use
Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use our Services for your personal, non-commercial use. This license does not include any resale or commercial use of any part of our Services or their contents; any collection and use of any product listings, descriptions, or prices; any derivative use of our Services or their contents; or any use of data mining, robots, or similar data gathering and extraction tools.
5.3 Restrictions
You may not:
Modify, reproduce, duplicate, copy, sell, resell, distribute, publish, or exploit any portion of our Services without our express written permission.
Remove any copyright, trademark, or other proprietary notices from our Services.
Frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information.
Use meta tags or any other "hidden text" utilizing our name or trademarks.
Use our Services for any purpose that is unlawful or prohibited by these Terms.
5.4 Trademarks
All trademarks, service marks, logos, and trade names displayed on our Services are either the property of e360Digital or their respective holders. You may not use these without our prior or the owner's permission.
5.5 User Content
When you post, upload, submit, or otherwise transmit content on or through our Services ("User Content"), you grant us a worldwide, non-exclusive, royalty-free, fully paid, perpetual, irrevocable, transferable, and fully sub-licensable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display such User Content in connection with our Services.
6.1 Acceptable Use
You agree to use our Services only for lawful purposes and by these Terms. You agree not to use our Services:
In any way that violates any applicable federal, state, local, or international Law or regulation.
To engage in any conduct that restricts or inhibits anyone's use or enjoyment of our Services.
To impersonate or attempt to impersonate the Company, a Company employee, or another user.
To engage in any fraudulent activity or transaction.
To transmit any material that is defamatory, obscene, invasive of privacy, abusive, harassing, threatening, or otherwise objectionable.
6.2 Prohibited Activities
You further agree not to:
Use our Services in any manner that could disable, overburden, damage, or impair the functioning of our Services.
Use any robot, spider, crawler, scraper, or other automated means to access our Services.
Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of our Services, the server on which our Services are stored, or any server, computer, or database connected to our Services.
Introduce any viruses, Trojan horses, worms, logic bombs, or other malicious or technologically harmful material.
Attack our Services via a denial-of-service attack or a distributed denial-of-service attack.
7.1 Responsibility for User Content
You are solely responsible for any User Content you submit through our Services. You agree that we only act as a passive conduit for the online distribution and publication of User Content.
7.2 Content Standards
User Content must comply with all applicable laws and regulations and must not:
Infringe any patent, trademark, trade secret, copyright, or other intellectual property rights.
Contain any defamatory, obscene, indecent, abusive, offensive, harassing, threatening, or otherwise objectionable material.
Promote sexually explicit material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.
Violate the legal rights of others or contain any material that could give rise to civil or criminal liability under applicable laws.
7.3 Monitoring and Enforcement
We have the right but not the obligation to:
Remove or refuse to post any User Content at our sole discretion.
Take any action concerning User Content that we deem necessary or appropriate.
Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights.
Terminate or suspend your access to all or part of our Services for violating these Terms.
8.1 Third-Party Links
Our Services may contain links to third-party websites or services not owned or controlled by e360Digital. We have no control over and assume no responsibility for any third-party websites or services' content, privacy policies, or practices.
8.2 Third-Party Services
We may allow you to access or use third-party services through our Services. Your use of such third-party services is subject to the terms and conditions of those third parties, and we are not responsible for their availability or accuracy.
9.1 No Warranties
Our services are provided on an "as is" and "as available" basis, without warranties of any kind, either express or implied. To the fullest extent permissible under applicable Law, we disclaim all warranties, express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
9.2 Limitations
We do not warrant that our services will be uninterrupted or error-free, that defects will be corrected, or that our services or the server that makes them available are free of viruses or other harmful components. We do not warrant or make any representations regarding the use or the results of the use of our services in terms of their correctness, accuracy, reliability, or otherwise.
To the fullest extent permitted by applicable Law, in no event shall e360digital, its affiliates, directors, employees, agents, or licensors be liable for any indirect, incidental, special, consequential, or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from:
Your access to, use, or inability to access or use our services.
Any conduct or content of any third party on our services.
Any content obtained from our services.
Unauthorized access, use, or alteration of your transmissions or content.
In no event shall our total liability to you for all claims arising from or relating to these terms or your use of our services exceed the amount paid by you, if any, for accessing our services during the 12 months immediately preceding the date of the claim.
You agree to defend, indemnify, and hold harmless e360Digital, its affiliates, licensors, and service providers, and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms or your use of our Services, including, but not limited to, your User Content, any use of our Services' content, services, and products other than as expressly authorized in these Terms.
12.1 Governing Law
These Terms and your use of our Services shall be governed by and construed by the laws of the jurisdiction in which e360Digital is registered without giving effect to any principles of conflicts of Law.
12.2 Dispute Resolution
Any dispute arising from or relating to these Terms or our Services shall be resolved through binding arbitration by the rules of the American Arbitration Association. The arbitration shall be conducted in the jurisdiction where e360Digital is registered.
12.3 Waiver of Class Action
You and e360digital agree that each may bring claims against the other only in your or it's capacity and not as a plaintiff or class member in any purported class or representative action.
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will provide at least 30 days' notice before any new terms take effect. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use our Services after any revisions become effective, you agree to be bound by the revised terms. If you disagree with the new terms, you can no longer use our Services.
14.1 Termination by You
You may terminate your account and your right to use our Services anytime by contacting us.
14.2 Termination by Us
We may terminate or suspend your account and your right to use our Services immediately, without prior notice or liability, for any reason whatsoever, including, without limitation, if you breach these Terms.
14.3 Effect of Termination
Upon termination, your right to use our Services will immediately cease. If your account is terminated for any reason, you must obtain our written permission before re-registering.
15.1 Entire Agreement
These Terms, our Privacy Policy, and any other legal notices published on our Services constitute the entire agreement between you and e360Digital concerning our Services.
15.2 Waiver
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held invalid or unenforceable by a court, the remaining provisions will remain in effect.
15.3 Assignment
You may not assign or transfer these Terms, by operation of Law or otherwise, without our prior written consent. Any attempt by you to assign or transfer these Terms without such consent will be null and void. We may assign or transfer these Terms at our sole discretion, without restriction.
15.4 Notices
Any notices or other communications provided by us under these Terms, including those regarding modifications to them, will be given by posting them to our Services or by email.
15.5 Force Majeure
We will not be liable for any failure or delay in performance resulting from causes beyond our reasonable control, including, but not limited to, acts of God, natural disasters, pandemics, war, terrorism, riots, civil unrest, government action, labor disputes, or Internet service disruptions.
15.6 Severability
Suppose any provision of these Terms is found by a court of competent jurisdiction to be invalid. In that case, the parties nevertheless agree that the court should endeavor to effect the party's intentions as reflected in the provision, and the other provisions of these Terms remain in full force and effect.
If you have any questions about these Terms, please contact us at:
Email us: support@e360digitalpro.com
7901 4th St. N STE 14758,
St. Petersburg, FL 33702, USA
7100 Harwin Dr. Ste A, Houston,
TX 77036, USA