The following terms and conditions
(the "Terms of Use") govern your use of this website,
services that use 360 Solutions Financial Group and any services
that are offered here. By using this site or the services
provided thereon, you agree to be, and are, bound by these
Terms of Use. 360 Solutions Financial Group may update these
Terms of Use from time to time in accordance with any signed
agreement between 360 Solutions Financial Group and merchant
members, so please check back frequently. You acknowledge
and agree that your continued use of 360 Solutions Financial
Group's website or services after any such update signifies
your acceptance of such modified Terms of Use. Because this
is a legal agreement between you and 360 Solutions Financial
Group, please print out and retain a copy for your records.
If you do not agree to these Terms of Use, you are not authorized
to access or use this site or the services provided here.
1.
OWNERSHIP
The
trademarks, logos, and service marks displayed on the 360 Solutions Financial Group website and any developed application
utilizing 360 Solutions Financial Group (collectively, the
"Marks") belong to 360 Solutions Financial Group.
360 Solutions Financial Group and all other trademark owners
retain all rights in and to the Marks, and nothing in these
Terms of Use grants you or anyone else any right whatsoever
to the Marks. You may not use, reproduce, or display any Marks
without their owner's prior written consent.
Unless
expressly stated on the 360 Solutions Financial Group website,
you should assume that all content, images, and materials
appearing on this website (collectively, the "Content")
are the sole property of 360 Solutions Financial Group. Such
Content is protected by Canadian, U.S. and international copyright
laws and treaties. You may not use, reproduce, display, or
sell any Content without 360 Solutions Financial Group' prior
written consent. You may not frame any portion of the site
without 360 Solutions Financial Group' prior written consent.
2.
TERMINATION OF SERVICES/WEBSITE
360 Solutions Financial Group may modify or discontinue its website
or the services it provides at any time, and for any reason,
but first notifying the merchant member in accordance with
the signed agreement between 360 Solutions Financial Group
and the merchant member. 360 Solutions Financial Group will
not be liable to you or any third party as a result of such
modification or discontinuation of any website or services.
The provisions of these Terms of Use will survive any termination
of this website or any services provided by 360 Solutions Financial
Group.
3.
DISCLAIMER
You
acknowledge and agree that your use of our website and the
services we offer is at in accordance with the signed agreement
between you and Webchex. Without limiting any other provision
contained in these Terms of Use, everything on the website
and the services we offer are provided to you "AS IS"
AND "AS AVAILABLE,". 360 Solutions Financial Group
HEREBY DISCLAIMS ALL WARRANTIES, INCLUDING WITHOUT LIMITATION,
IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE OTHER THAN WHAT IS INDICATED IN THE SIGNED AGREEMENT,
NON-INFRINGEMENT, AND QUIET ENJOYMENT. 360 Solutions Financial
Group MAKES NO WARRANTIES THAT THE MATERIAL CONTAINED ON THE
360 Solutions Financial Group WEBSITE AND ITS SERVICES WILL
BE SUITABLE FOR YOUR OTHER NEEDS OR INTENDED APPLICATIONS
OTHER THAN WHAT IS INDICATED IN THE SIGNED AGREEMENT.
4.
LINKS
Our
website may contain links to other Internet websites or resources.
You acknowledge and agree that 360 Solutions Financial Group
is not responsible or liable in any way for (i) the availability
or accuracy of such sites or resources, or (ii) the content,
advertising, or products on or available from such sites or
resources. The inclusion of any link on our website does not
imply that 360 Solutions Financial Group endorses any of the
linked sites. You use the links at your own risk.
5.
REGISTRATION AND ACCOUNT USE
You
agree that any information you provide in response to 360 Solutions Financial Group' registration and other forms will
be true, accurate, current and complete. In particular, you
agree not to misrepresent your identity to 360 Solutions Financial
Group. By submitting any information to 360 Solutions Financial
Group, you grant 360 Solutions Financial Group the right to
use this information to provide any services you request and
for any other purpose that is consistent with our privacy
policy, which policy is set forth in the Agreements &
Policies section of our site.
If
you become a registered user of our site or services, you
will set a password for accessing your account information.
You are responsible for maintaining the confidentiality of
your password and account and are fully responsible for all
activities that occur using your password or account. Please
notify us immediately of any unauthorized use of your password
or account or any other breach of security. 360 Solutions Financial
Group will not be liable for any loss that you may incur as
a result of any third party's use of your password or account,
either with or without your knowledge. You may not use anyone
else's password at any time.
6.
LIMITATION OF LIABILITY
If
you do not agree with our Terms of Use, or if you are not
satisfied with our website or any of the services that 360 Solutions Financial Group provides, your sole remedy is to
discontinue your use of the 360 Solutions Financial Group services
and notify 360 Solutions Financial Group and in writing in
accordance with the signed agreement between you and 360 Solutions
Financial Group. 360 Solutions Financial Group WILL NOT BE
LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES WHATSOEVER,
WHETHER DIRECT (EXCEPT AS EXPRESSLY PROVIDED IN ACHWWORKS'
MEMBERSHIP AGREEMENT FOR PAID SERVICES), INDIRECT, INCIDENTAL,
CONSEQUENTIAL, OR EXEMPLARY DAMAGES, RELATING TO OR ARISING
OUT OF YOUR USE, MISUSE, OR INABILITY TO USE THE 360 Solutions
Financial Group WEBSITES OR SERVICES, AND WHETHER YOUR CLAIM
MIGHT BE BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE)
OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT 360 Solutions
Financial Group HAS BEEN ADVISED OF THE POSSIBILTY OF SUCH
DAMAGE. YOUR ACCEPTANCE OF THIS LIMITATION OF LIABILITY IS
AN EXPRESS PRECONDITION TO YOUR USE OF 360 Solutions Financial
Group' WEBSITES AND SERVICES.
SOME
JURSIDICTIONS DO NOT ALLOW THE DISCLAIMER OF CERTAIN WARRANTIES
OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL
OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE DISCLAIMERS
OR LIMITATIONS MAY NOT APPLY TO YOU.
7.
INDEMNITY
You
agree to defend, indemnify, and hold harmless 360 Solutions
Financial Group, its officers, directors, employees, agents,
and partners, from and against any third-party claims, actions,
demands, liabilities, expenses, and costs, including without
limitation reasonable legal and accounting fees, arising from
or related to your use of the 360 Solutions Financial Group
website, your violation of these Terms of Use, or your violation
of any laws, regulations, or third-party rights.
8.
MODIFICATIONS TO TERMS OF USE
No
modification to these Terms of Use will be effective unless:
(a) posted by 360 Solutions Financial Group in the Agreements
& Policies section of 360 Solutions Financial Group' website;
and (b) expressly agreed to in writing on 360 Solutions Financial
Group' letterhead and signed by an executive vice president
or higher-level officer of 360 Solutions Financial Group. Any
modification posted on this site will become effective immediately,
and your continued use of 360 Solutions Financial Group' websites
or the services it offers will signify your acceptance of
such modified terms.
9.
GENERAL PROVISIONS
These
terms will be governed by and construed solely in accordance
with the laws of the United States and the State of Texas,
excluding that body of law governing conflict of laws. Both
you and 360 Solutions Financial Group agree that any legal
action or proceeding relating to or arising out of these Terms
of Use or your use of 360 Solutions Financial Group' website
or services will be brought exclusively in a federal or state
court in Texas, and by agreeing to these Terms of Use you
submit to the personal jurisdiction of, and venue in, such
courts.
If
any provision of these Terms of Use is held to be invalid
or unenforceable, such provision will be enforced to the greatest
extent possible and the remaining provisions will remain in
full force and effect. Headings are for reference purposes
only and in no way define, limit, or describe the scope or
extent of such section. Our failure to act with respect to
a breach by you or others does not waive our right to act
with respect to subsequent or similar breaches, nor does it
affect your obligations or 360 Solutions Financial Group' rights
and remedies under these Terms of Use in any other way. Except
for other agreements, terms, or policies appearing on the
360 Solutions Financial Group website, these Terms of Use set
forth the entire understanding and agreement between you and
360 Solutions Financial Group regarding the subject matter
hereof.
10.
ADDITIONAL INFORMATION
This
website is owned and operated by 360 Solutions Financial Group,
Waco, Texas. Any questions relating to this website or these
Terms of Use may be directed to us here.
Thank you for using the 360 Solutions Financial Group website
and its services.
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