TERMS AND CONDITIONS OF USE

Last updated: November 2003

www.360SoftwareCorp.com Terms and Conditions of Use

These terms and conditions of use (these "Terms and Conditions") govern your use of the 360SoftwareCorp.com web site (the "Site"), which is provided by 360 Software Corporation or its affiliates ("360"). BY USING THE SITE, YOU AGREE TO THESE TERMS AND CONDITIONS AND ANY MODIFICATIONS THERETO THAT MAY BE POSTED FROM TIME TO TIME. If you do not agree to these Terms and Conditions, you may not access or otherwise use the Site.

Proprietary Rights.

As between you and 360, 360 is the owner or licensee of all of the content and other materials on the Site, including, without limitation, any data. Except as otherwise provided herein, use of the Site does not grant to you a license to any content or other materials you may access on the Site. If you use the Site, other than as provided herein, you will be in breach of these Terms and Conditions. In addition, you may be in violation of copyright and other laws of the United States, other countries, as well as applicable state laws and may be subject to liability for such unauthorized use.

Users of the Site ("Users") may access, download, reproduce and transmit data available on the Site, and otherwise use the Site, solely for personal use, including internal use in your business. You may not use the data available on the Site to formulate printed or electronic products or services or information for redistribution or sale, to compile mass mailing lists or otherwise to compete with any of 360's products or services in a field of providing data to architects, engineers, contractors, product suppliers or others involved in the construction industry. Systematic retrieval of data or other content from the Site to create or compile, directly or indirectly, a collection, compilation, database or directory without express written permission from 360 is strictly prohibited. Without limitation of the foregoing, use of webcrawlers, bots, agents, scrapers or other electronic means or devices to access the Site and copy or "scrape" data contained thereon is strictly prohibited. Any unauthorized use of this Site or its data may be pursued to the full extent of federal and state law. Potential infringers should be aware that this Site is regularly monitored for unauthorized use. If we believe you are using the Site or its content for purposes we consider inappropriate, we may deny you access to the Site, in addition to any other legal remedies we may have.

User Information.

In the course of your use of the Site, you may be asked to provide certain information about yourself to us ("User Information"). 360's policies with respect to such User Information are set forth in the Site Privacy Policy.

Submitted Material.

By submitting or otherwise making any information or material ("Your Material") available on the Site, you:

  1. Agree that Your Material will not be treated as confidential or proprietary.
  2. Represent and warrant that Your Material:
    • is original to you and that no other party has any rights to the material;
    • does not contain any content that is unlawful, threatening, harassing, profane, tortious, defamatory, vulgar, obscene, libelous, deceptive, fraudulent, contains explicit or graphic descriptions or depictions of sexual acts, invasive of another's privacy, or hateful;
    • does not contain a virus or other harmful component; and
    • does not contain any advertising of any kind, or false or misleading indications of origin or statements of fact.
  3. Grant 360 the royalty-free, unrestricted, worldwide, perpetual, irrevocable, non-exclusive and fully sublicensable right and license to use, reproduce, modify, edit, adapt, publish, translate, create derivative works from, distribute, perform and display Your Material (in whole or part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed. You also warrant that any "moral rights" in Your Material have been waived.

No Endorsement.

360 does not represent or warrant the truthfulness, accuracy or reliability of any material posted by others on or through the Site, nor does 360 endorse any opinions expressed by Users. You acknowledge that any reliance on material posted by others will be at your own risk. Any content placed on any discussion area by Users are the views of the User posting the statement and do not represent the views of 360.

User Conduct.

While using the Site, you shall not:

  • Upload, post or transmit to, or otherwise publish through, the Site any material that violates any provision of these Terms and Conditions;
  • Restrict or inhibit any other User from using and enjoying the Site;
  • Conduct yourself, or encourage others to conduct themselves, in a manner that would constitute a criminal offense or give rise to civil liability;
  • Impersonate, or misrepresent your affiliation with, any other person or entity;
  • Upload, post, publish, transmit, reproduce, distribute or in any way exploit any information or other material obtained through the Site for commercial purposes (other than as expressly permitted by the provider of such information or other material);
  • Engage in spamming or flooding; or
  • Attempt to gain unauthorized access to other computer systems through the Site.

We retain the right, but do not assume any obligation, to monitor the Site and to disclose any information as we deem necessary or appropriate to satisfy any law, regulation or other governmental request, to comply with any subpoena or other legal process, to operate the Site properly, to protect ourselves or our Users or for other reasons as we determine in our sole discretion. We reserve the right to remove or refuse to post any information or materials, in whole or in part, that we determine, in our sole discretion, are unacceptable, undesirable, inappropriate or in violation of these Terms and Conditions. We may also suspend or terminate your use of the Site at any time in our sole discretion.

You agree to indemnify, defend and hold 360, its directors, officers, employees, agents and affiliates harmless from any and all claims, liabilities, costs and expenses, including reasonable attorneys' fees, arising in any way from your use of the Site or Your Materials.

DISCLAIMER OF WARRANTIES.

THE SITE, INCLUDING, WITHOUT LIMITATION, ALL CONTENT, FUNCTIONS AND MATERIALS THEREON, IS PROVIDED "AS IS," WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, USEFULNESS OR CONTENT OF DATA OR OTHER INFORMATION, AND ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. 360 DOES NOT WARRANT THAT THE SITE OR THE FUNCTIONS, FEATURES OR CONTENT CONTAINED THEREIN WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED. 360 SHALL NOT BE RESPONSIBLE FOR ANY MALFUNCTIONS, ERRORS, CRASHES OR OTHER ADVERSE EVENTS THAT MAY OCCUR IN CONNECTION WITH YOUR USE OF THE SITE. 360 MAKES NO WARRANTY THAT THE SITE WILL MEET USERS' REQUIREMENTS. NO ADVICE, RESULTS OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM 360 OR THROUGH THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. IF YOU ARE DISSATISFIED WITH THE SITE OR ANY CONTENT OR FUNCTION THEREON, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE SITE.

LIMITATION OF LIABILITY.

IN NO EVENT SHALL 360 OR ANY OF ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, AFFILIATES, OR CONTENT OR SERVICE PROVIDERS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING FROM OR RELATED TO THE USE OF, OR THE INABILITY TO USE, THE SITE OR THE CONTENT, MATERIALS AND FUNCTIONS RELATED THERETO, INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUE, OR ANTICIPATED PROFITS OR LOST BUSINESS OR LOST SALES, EVEN IF 360 OR SUCH INDIVIDUAL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO CERTAIN USERS. IN NO EVENT SHALL 360 BE LIABLE FOR OR IN CONNECTION WITH ANY CONTENT POSTED, TRANSMITTED, EXCHANGED OR RECEIVED BY OR ON BEHALF OF ANY USER OR OTHER PERSON ON OR THROUGH THE SITE. IN NO EVENT SHALL THE TOTAL LIABILITY OF 360 TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) ARISING FROM YOUR USE OF THE SITE EXCEED, IN THE AGGREGATE, ANY FEE YOU MAY PAY TO 360 FOR YOUR ACCESS TO, OR USE OF, THE SITE.

Links to Other Sites.

You acknowledge and agree that we have no responsibility for the accuracy or availability of information provided by web sites to which you may link from the Site ("Linked Sites"). Links to Linked Sites are provided as a convenience to you, and do not constitute an endorsement by or association with 360 of such sites or the content, products, advertising or other materials presented on such sites. 360 does not author, edit, or monitor these Linked Sites. You acknowledge and agree that 360 is not responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on such Linked Sites.

Miscellaneous.

The Terms and Conditions and the relationship between you and 360 shall be governed by the laws of the State of Florida, without regard to its conflict of law provisions. You and 360 agree that any cause of action that may arise under this Agreement shall be commenced and be heard in the appropriate court in the State of Florida, County of Orange. You and 360 each agree to submit to the personal and exclusive jurisdiction of the courts located within Orange County in the State of Florida. The failure of 360 to exercise or enforce any right or provision of the Terms and Conditions shall not constitute a waiver of such right or provision. If any provision of the Terms and Conditions is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms and Conditions remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action related to the Site or these Terms and Conditions must be filed within one year after such claim or cause of action arose or be forever barred.

Modifications to Terms and Conditions or the Site.

We may change these Terms and Conditions from time to time and at any time without notice to you, by posting such changes on the Site. We reserve the right, for any reason, in our sole discretion, to terminate, change, suspend or discontinue any aspect of the Site, including, but not limited to, content, features or availability. By using the Site following any modifications to the Terms and Conditions, you agree to be bound by any such modifications. We may also impose limits on certain features of the Site or restrict your access to part or all of the Site without notice or penalty.

Digital Millennium Copyright Act Agent.

We respect the intellectual property rights of others, and require that the people who use the Site do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please forward the following information to the Copyright Agent named below:

  • Your address, telephone number, and email address;
  • A description of the copyrighted work that you claim has been infringed;
  • A description of where the alleged infringing material is located;
  • A statement by you that you have a good faith belief that the disputed use is not authorized by you, the copyright owner, its agent, or the law;
  • An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; and
  • A statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

Copyright Agent
c/o Legal Department
360 Software Corporation
12472 Lake Underhill Rd., #174
Orlando, FL 32828

This Site is operated by:
360 Software Corporation

Copyright © 1996-2008, 360 Software Corporation. All rights reserved.
Please send comments to the Webmaster.
Use of 360SoftwareCorp.com is subject to its Disclaimer and Terms of Use
Last update Sep. 25, 2008
360 Software