Terms Conditions and Privacy Notice
Updated and Effective as of June 1, 2018
We will only process your Personal Data in accordance with applicable data protection and privacy laws. For the purposes of UK and EU data protection legislation.
Information We Automatically Collect
Categories of Information. We and our third-party service providers (including any third-party content, advertising, and analytics providers) automatically collect certain information from your device or web browser when you interact with the Services to help us understand how our users use the Services and to target advertising to you (which we will refer to in this Privacy Notice collectively as “Usage Data”). For example, each time you visit the Services we and our third-party service providers automatically collect your location, IP address, mobile device identifier or other unique identifiers, browser and computer type, the internet service provider used, click stream information, access time, the Web page you came from, the URL you go to next, the Web page(s) that you access during your visit and your interaction with the content or advertising on the Services. We may contract with third parties to collect this information on our behalf for analytics purposes. These include companies such as Chartbeat, Comscore, and Google.
Purposes For This Information. We and our third-party service providers use such Usage Data for a variety of purposes including to diagnose problems with our servers and software, to administer the Services, to gather demographic information, and to target advertising to you on the Services and elsewhere online. Accordingly, our third-party advertising networks and ad servers will also provide us with information, including reports that will tell us how many ads were presented and clicked on the Services in a manner that does not identify personally any specific individual. The Usage Data we collect is generally non-identifying, but if we associate it with you as a specific and identifiable person, we will treat it as Personal Data.
We use tracking technologies, such as cookies, local storage, and pixel tags.
Cookies and Local Storage
Our Services use the following types of cookies for the purposes set out below:
Cookies and Local Storage
|Type of cookie||Purpose|
|Analytics and Performance Cookies||These cookies are used to collect information about traffic to our Services and how users use our Services. The information gathered does not identify any individual visitor. The information is aggregated and therefore anonymous. It includes the number of visitors to our Services, the websites that referred them to our Services, the pages that they visited on our Services, what time of day they visited our Services, whether they have visited our Services before, and other similar information. We use this information to help operate our Services more efficiently, to gather broad demographic information, and monitor the level of activity on our Services. We use Google Analytics for this purpose. Google Analytics uses its own cookies. It is only used to improve how our Services work. You can find out more information about Google Analytics cookies here. You can find out more about how Google protects your data here. You can prevent the use of Google Analytics relating to your use of our Services by downloading and installing the browser plugin available here.|
|Essential Cookies||These cookies are essential to provide you with services available through our Services and to enable you to use its features. For example, they allow you to log in to secure areas of our Services and help the content of the pages you request load quickly. Without these cookies, the services that you have asked for cannot be provided, and we only use these cookies to provide you with those services.|
|Functionality Cookies||These cookies allow our Services to remember choices you make when you use our Services, such as remembering your language preferences, remembering your login details, remembering which polls you have voted in and in some cases, to show you poll results, and remembering the changes you make to other parts of our Services which you can customize. The purpose of these cookies is to provide you with a more personal experience and to avoid you having to re-enter your preferences every time you visit our Services.|
|Social Media Cookies||These cookies are used when you share information using a social media sharing button or “like” button on our Services or you link your account or engage with our content on or through a social networking website such as Facebook, Twitter, or Google+. The social network will record that you have done this and collect information from you which may be your Personal Data.|
|Targeted and advertising cookies||These cookies track your browsing habits to enable us to show advertising which is more likely to be of interest to you. These cookies use information about your browsing history to group you with other users who have similar interests. Based on that information, and with our permission, third-party advertisers can place cookies to enable them to show ads that we think will be relevant to your interests while you are on third-party websites. These cookies also store your location, including your latitude, longitude, and GeoIP region ID, which helps us show you locale-specific news and allows our Services to operate more efficiently.|
A Flash cookie is a data file placed on a Device via the Adobe Flash plug-in that is built into or downloaded by you onto your device. Flash cookies are used for various purposes, including, without limitation, enabling a Flash feature and remembering your preferences. For more information about Flash and the privacy choices, Adobe offers, visit here. If you choose to adjust your Flash privacy settings on your device some features of the Services may not function properly.
We also use “pixel tags,” which are small graphic files that allow us and third parties to monitor the use of the Services and collect Usage Data. A pixel tag can collect information such as the IP address of the computer that downloaded the page on which the tag appears; the URL of the page on which the pixel tag appears; the time (and length of time) the page containing the pixel tag was viewed; the type of browser that retrieved the pixel tag; and the identification number of any cookie previously placed by that server on your computer.
We use pixel tags, either provided by us or by our third-party advertisers, service providers, and ad networks, to collect information about your visit, including the pages you view, the links you click, and other actions taken in connection with our Sites and Services and use them in combination with our cookies to provide offers and information of interest to you. Pixel tags also enable ad networks to serve targeted advertisements to you when you visit the Services or other websites.
A log file is a file that records events that occur in connection with your use of the Service, such as your service use data.
App Technologies, Customization, and Usage
There are a variety of tracking technologies that may be included in our apps that allow us to collect information about your installation, use, and updating of our apps as well as information about your device, including your unique device identifier (“UDID”) and other technical identifiers. More specifically, these tracking technologies allow us to collect data about your device and your use of our apps, the pages, videos, other content, or ads you see or click on during your visit and when and for how long you do so, and items you download. These tracking technologies are not browser-based like cookies and cannot be controlled by browser settings. For example, our apps may include third-party SDKs, which is code that sends information about your use to a server and is in effect the app version of a pixel. These SDKs allow us to track our conversions and communicate with you across devices, bring you advertising both on and off the Sites, customize the app to your interests and preferences and link such across platforms and devices, and provide you with additional functionality, such as the ability to connect our Site with your social media account.
GPS, WiFi, Bluetooth, and other location-aware technologies may be used to collect precise location data when you enable location-based services through your device. Location data may be used for purposes such as verifying your device’s location and delivering or restricting relevant content and advertising based on that location.
In addition, we use a variety of other technologies that collect similar information for security and fraud detection purposes essential to the operation of our sites and business.
Information You Choose To Submit
You can visit the Services without telling us who you are or revealing any information by which someone could identify you as a specific, identifiable individual (which we will refer to in this Privacy Notice collectively as “Personal Data”). If, however, you wish to register to become a member of the Services, you are required to provide certain Personal Data (for example, your name and email address), and you must also provide a username and password. We use your Personal Data to fulfill your requests for products and services, to improve our Services, to contact you from time to time, with your consent, about us and our products and services, and as otherwise described in this Privacy Notice.
We refer collectively to all information we collect that is not Personal Data, including Usage Data, demographic data, and de-identified Personal Data, as “Non-Personal Data”. If we combine Non-Personal Data with Personal Data, we will treat the combined information as Personal Data under this Privacy Notice.
Personal Data, Non-Personal Data, and User Submissions are referred to in this Privacy Notice collectively as “User Information.”
You may choose to enter contests, sweepstakes, competitions, participate in surveys, subscribe to newsletters, comment articles, use message boards, chat rooms, reader photo upload areas, reader ratings, and reviews, save articles or other content on our Sites, reader-created content upload areas, contact us and customer support areas, and areas that allow you to register for SMS text messaging and mobile alerts, or otherwise interact with us in similar ways (“Interactive Areas”). These Interactive Areas may require that you provide Personal Data corresponding with the activities. You understand and agree that the Interactive Areas are voluntary and that your providing Personal Data for those activities will be collected and used by us to identify and communicate with you. In certain circumstances, we may share Personal Information with sponsors, advertisers, affiliates, or other partners. If you have questions about a specific Interactive Area, please contact us and reference that specific Interactive Area.
In addition, you are required to provide certain Personal Data when you submit a job application and supporting materials. Where you submit a job application on behalf of another person, you confirm that you have made that person aware of how we collect, use and share their Personal Data, the reason you have provided it, how they can contact us, the terms of this Privacy Notice and related policies and that they have consented to such collection, use, and sharing. You can also choose to submit or we may collect additional information about yourself, such as demographic information (for example your gender, birth date, or zip code) and information about your preferences and interests. Failure to provide any required Personal Data will prevent us from being able to provide the Services you request (e.g., member registration or submission of job application) or otherwise inhibit our ability to provide the Services.
Here are examples of User Information we may collect:
- Contact Data. We collect your first and last name, email address, postal address, phone number, and other similar contact data.
- Credentials. We collect passwords, password hints, and other information for authentication and account access.
- Demographic Data. We collect demographic information including your age, gender, and country.
- Payment Data. We collect data necessary to process your payment if you make a purchase, including your payment instrument number (such as a credit card number), and the security code associated with your payment instrument.
- Profile Data. We collect your username, interests, favorites, and other profile data.
- Contacts. We collect data about your contacts in order to fulfill a request by you, such as fulfilling a gift subscription. Such functionality is only intended for the United States (“U.S.”) residents. By using this functionality, you acknowledge and agree that both you and your contacts are based in the U.S. and that you have your contacts’ consent for us to use their contact information to fulfill your request.
- Content. We collect the content of messages you send to us, such as feedback and product reviews you write, or questions and information you provide to customer support. We also collect the content of your communications as necessary to provide you with the services you use.
- Resume Data. We collect data to consider you for a job opening if you submit an application to us, including your employment history, writing samples, and references.
- Survey Data. We may also survey visitors about various topics, including events and experiences, media consumption preferences, and how we can improve our Sites and services. Response to our surveys is entirely voluntary.
- Public Postings. We collect information when you submit something to be displayed on our Sites. Any communication you submit or that may be posted to a publicly viewable area of our Sites, such as a comment on an article or a review, is a public communication and may be viewed by the general public. Therefore, you acknowledge and understand that you have no expectation of privacy or confidentiality in the content you submit to such areas via our Sites, whether or not your submission includes personal information. These submissions would include newsletter sign-ups and any area of our site that requires a login or registration prior to use. If at any time you display your personal information in any communication submitted to such areas, other individuals may collect and use your personal information. We are not responsible for, nor can we guarantee the protection of, any personal information you disclose in a communication submitted to such areas for posting or contained in an email or other communication submitted to us for such posting, and thus, you acknowledge that if you disclose personal information in any such material, you do so at your own risk.
Information We Receive From Other Sources
We supplement the information we collect with outside records in order to learn more about our users, to better tailor the content and offers we show you, and for other purposes. We receive this information about you from public sources or third parties, including without limitation consumer data resellers, social networks, and advertisers. We combine the information we receive from those other sources with information we collect through the Services. In those cases, we will apply this Privacy Notice to the combined information.
We use the information we collect, including Personal Data and Usage Data:
- to enable you to use our Services, to create an account or profile, to process the information you provide via our Services (including verifying that your email address is active and valid), and to process your transactions;
- to provide related customer service and care, including responding to your questions, complaints, or comments and sending surveys and processing survey responses;
- to provide you with information, products, or services that you have requested;
- to offer SMS text message mobile alerts for specific purposes;
- to offer an “Email This” feature that allows visitors to email a link to another person to inform them about an article or feature on the Sites. We do not retain telephone numbers or email addresses collected for these purposes after sending the SMS text message or email;
- to receive and process job applications for jobs with us;
- to provide you with information, products, or services that we otherwise believe will interest you, including special opportunities from us and our third-party partners;
- to tailor content, recommendations, and advertisements we and third parties display to you, both on the Services and elsewhere online;
- for internal business purposes, such as to improve our Services and content;
- to administer and process contests, sweepstakes, promotions, conferences, and special events (collectively “Events”). Information collected through our Sites in conjunction with such Events is also used for marketing additional products, services, and events by us and/or by our advertisers, sponsors, and marketing partners. Please see the rules of each individual Event and any applicable privacy policies for those Events for additional information on the choices you may exercise with respect to the use of your personal information collected in connection with that Event. To the extent there is a conflict between this Privacy Notice and the rules or policies applicable to an Event, the rules and policies associated with the Event shall govern.;
- to comply with regulatory and legal obligations; and
- for purposes as disclosed at the time you provide your information and as further described in this Privacy Notice.
Social Network and Platform Integration
Our Information Sharing Practice
We share Non-Personal Data, including Usage Data, de-identified Personal Data, and aggregated user statistics, with third parties at our discretion. Information collected via the Sites is shared among our affiliates. For example, we may share your information with our related entities including our parent and sister companies for customer support, marketing, and technical operations. We share User Information, including Personal Data, as otherwise described in this Policy, and under the following circumstances.
From time to time, we enter into relationships with third parties who provide services to us (for example, analytics and research companies, advertisers and ad agencies, data management and storage services, credit card processing services, merchandise sales facilitators, sweepstakes, or contest prize fulfillment). We share your information with third parties for the purposes of facilitating your requests (such as when you choose to share information with a social network about your activities on the Sites) and in connection with tailoring advertisements, measuring, and improving our Sites and advertising effectiveness, and other enabling enhancements. We share aggregate information about our visitors with our advertisers, sponsors, and promotional partners, such as how many persons visited a particular page or activity, the average age of our visitors on the Site(s) or page(s), or the likes and dislikes of our visitors, but this information is not specific to any individual visitor. We obtain geographic information such as zip code clustering from other sources, but this aggregate information will not reveal the precise location of a specific visitor. We also obtain other demographic information from third parties to improve our products and services, for marketing purposes, or to display more relevant advertising. In those circumstances, we disclose User Information so that such service providers perform those services. These service providers are only permitted to use your Personal Data to the extent necessary to enable them to provide their services to us. They are required to follow our express instructions and to comply with appropriate security measures to protect your Personal Data. And our sites use certain Google analytics and other services, and certain pages use the Google AMP Client ID API, each of which enables the collection and sharing of your information (including Personal Data) with Google for further use. For specific information on Google usage and how to control it, please see How Google uses data when you use our partners’ sites or apps and Google’s Privacy Notice.
Our Events and promotions may be jointly managed, sponsored, or offered by third parties. If you voluntarily choose to enter or attend an event, we may share your information with third parties as set forth in the official rules that govern the Event as well as for administrative purposes and as required by law (e.g., on a winners list). By entering a contest or sweepstakes Event, you agree to the official rules that govern that Event, and may, except where prohibited by applicable law, allow the sponsor and/or other parties to use your name, voice, and/or likeness in advertising or marketing materials. Some events may be managed wholly by a third party and will be governed by any rules or terms they provide for that event and it is your responsibility to review and comply with those terms.
Third-Party Direct Marketing
Liking, Sharing, and Logging-In. You may choose to log in, create an account, or enhance your business membership or a personal profile on the Sites through the Facebook Login and or all other social media platforms feature. By doing this, you are asking Facebook to send us certain information from your Facebook profile, and you authorize us to collect, store, and use in accordance with this Privacy Notice any and all information available to us through the Facebook interface. After you have connected, Facebook also sends us additional information from your profile that allows us to display a Facebook Friends module on your profile page. The Facebook Friends that are displayed only include your Friends that also have accounts with our Sites.
Brand Pages. We offer our content on social networks such as Facebook, Twitter, Instagram, LinkedIn, and Pinterest. Any information you provide to us when you engage with our content (such as through our brand page) is treated in accordance with this Privacy Notice. Also, if you publicly reference our Sites on a third-party service (e.g., by using a hashtag associated with us in a tweet or post), we may use your reference on or in connection with our Service.
Change of Control
In the event, we go through a business transition (such as a merger, acquisition by another company, bankruptcy, or sale of all or a portion of our assets, including, without limitation, during the course of any due diligence process), your Personal Data will likely be among the assets transferred. By providing your Personal Data, you agree that we can transfer such information in those circumstances without your further consent. Should such a business transition occur, we will make reasonable efforts to request that the new owner or combined entity (as applicable) follow this Privacy Notice with respect to your Personal Data. If your Personal Data would be used contrary to this Privacy Notice, we will request that you receive prior notice.
Other Disclosure Scenarios
We reserve the right, and you hereby expressly authorize us, to share User Information: (i) in response to subpoenas, court orders, or legal process, or to establish, protect, or exercise our legal rights or defend against legal claims; (ii) if we believe it is necessary in order to investigate, prevent, or take action regarding illegal activities, fraud, or situations involving potential threats to the safety of any person or property; (iii) if we believe it is necessary to investigate, prevent, or take action regarding significant abuse of the Services infrastructure or the Internet in general (such as voluminous spamming, denial of service attacks, or attempts to compromise the security of information); (iv) to protect and defend our legal rights or property, our services or their users, or any other party, and to protect the health and safety of our users or the general public; and (v) to our parent company, subsidiaries, joint ventures, or other companies under common control with us (in which case we will require such entities to honor this Privacy Notice).
When we use the term “anonymous data,” we are referring to data and information that does not permit you to be identified or identifiable, either alone or when combined with any other information available to a third party. We may create anonymous data from the Personal Data we receive about you and other individuals whose Personal Data we collect. Anonymous data will include analytics information and information collected by us using cookies. We make Personal Data into anonymous data by excluding information (such as your name or other personal identifiers) that makes the data personally identifiable to you. We use this anonymous data to analyze usage patterns in order to make improvements to our Services.
If you identify any User Information as public, you are authorizing us to share such information publicly. For example, you can elect to make certain of your User Submissions (such as your alias, bio, email, or photos) publicly available. Also, there are areas of the Services (for example, message boards, discussion rooms, and other online forums) in which you are able to post information that automatically will be available to all other users of the Services. By choosing to use these areas, you understand and agree that anyone can access, use, and disclose any information that you post to those areas.
Users Outside of the United States and Consent to Transfer
The Services are operated in the United States. If you are located in another jurisdiction, please be aware that the information you provide to us will be transferred to, stored, and processed in the United States. By using the Services or providing us with any information, you consent to this transfer, processing, and storage of your information in the United States, a jurisdiction in which the privacy laws are not as comprehensive as those in the country where you reside or are a citizen such as the European Union. You understand that the U.S. government can obtain access to the Personal Data you submit if necessary for investigative purposes (e.g., terrorism investigation). We will take all steps reasonably necessary to ensure that your data is treated securely and in accordance with this Privacy Notice. We use appropriate and suitable safeguards for transferring your Personal Data to the U.S. (e.g., standard contractual clauses issued by the European Commission, which can be accessed here).
Important Information for California Residents: Your California Privacy Rights
These additional disclosures for California residents apply only to individuals who reside in California. The California Consumer Privacy Act of 2018 (“CCPA”) provides additional rights to know, delete, and opt-out, and requires businesses collecting or disclosing personal information to provide notices and means to exercise those rights. The words used in this section have the meanings given to them in the CCPA, which may be broader than their common meaning. For example, the definition of “personal information” under the CCPA includes your name, but also more general information such as age.
Notice of Collection
Although the information we collect is described in greater detail in Sections 1-6 above, the categories of personal information that we have collected – as described by the CCPA – in the past 12 months are:
- Identifiers, including name, email address, phone number account name, IP address, and an ID or number assigned to your account.
- Customer records, billing and shipping address, and credit or debit card information.
- Demographics, such as your age or gender. This category includes data that may qualify as protected classifications under other California or federal laws.
- Commercial information, including purchases and engagement with the Services.
- Internet activity, including your interactions with our Service.
- Audio or visual data, including pictures or videos you post on our Service.
- Geolocation data, including location-enabled services such as WiFi and GPS.
- Employment and education data, including information you provide when you apply for a job with us.
- Inferences, including information about your interests, preferences, and favorites.
For more information on our collection practices, including the sources we receive information from, please review the different forms of information collected through various means as described in more detail in Sections 1 – 6 above. We collect and use these categories of personal information for the business purposes also described in Sections 1 – 6, as well as our sharing practices described in Section 7.
We do not generally “sell” personal information as the term “sell” is traditionally understood. However, to the extent “sale” under the CCPA is interpreted to include advertising technology activities such as those disclosed in the Advertising (Section 13) as a “sale,” we provide you the option to request that we not “sell” your personal information. We do not sell the personal information of minors known to be under the age of 16 without affirmative authorization.
We sell or disclose the following categories of personal information for commercial purposes: identifiers, demographic information, commercial information, internet activity, geolocation data, and inferences. We use and partner with different types of entities to assist with our daily operations and manage our Service. Please review Our Information Sharing Practices in Section 7 above, Advertising in Section 7 below, and our Cookies and Tracking Technologies Policy for more detail about the parties we have shared information with.
Right to Know and Delete
If you are a California resident, you have the right to delete the personal information we have collected from you and the right to know certain information about our data practices in the preceding 12 months. In particular, you have the right to request the following from us:
- The categories of personal information we have collected about you;
- The categories of sources from which the personal information was collected;
- The categories of personal information about you we disclosed for a business purpose or sold;
- The categories of third parties to whom the personal information was disclosed for a business purpose or sold;
- The business or commercial purpose for collecting or selling personal information; and
- The specific pieces of personal information we have collected about you.
To exercise any of these rights, please submit a request through our online form or email us at [email protected] In the request, please specify which right you are seeking to exercise and the scope of the request. We will confirm receipt of your request within 10 days.
We have a duty as the holder of certain personal information to verify your identity when making requests to know or delete personal information and to ensure that dissemination of that information would not cause harm to you if it were distributed to another person. To verify your identity, we will request and collect additional personal information from you to match it against our records. We may ask for additional information or documentation if we feel it is necessary to confirm your identity with the necessary degree of certainty. We may communicate with you through email, a secure message center, or other reasonably necessary and appropriate means. We do have the right to deny requests under certain circumstances. In such cases, we will notify you of the reasons for the denial. We will not provide you with specific pieces of personal information if the disclosure creates a substantial, articulable, and unreasonable risk to the security of that personal information, your account with us, or the security of our systems or networks. In no event will we disclose, if we have collected it, your Social Security number, driver’s license number or other government-issued identification numbers, financial account number, any health insurance or medical identification number, an account password, or security questions and answers.
Right to Opt-Out
To the extent, we sell your personal information as the term “sell” is defined under the California Consumer Privacy Act, you have the right to opt-out of the sale of your personal information by us to third parties at any time. You may submit a request to opt out by clicking Do Not Sell My Personal Information. You may also submit a request to opt out by emailing us.
You may submit a request through a designated agent. You must instruct that agent that they will need to state that they are acting on your behalf when making the request, have the reasonably necessary documentation, and be prepared to provide the necessary personal information to identify you in our database.
Right to Non-Discrimination
You have the right not to receive discriminatory treatment by us for the exercise of any of your rights.
Financial incentives are programs, benefits, or other offerings, including payments to consumers as compensation, for the disclosure, deletion, or sale of personal information about them.
We may offer discounted prices to consumers who sign up to be on our mailing lists or join our loyalty programs. Such programs will have additional terms that require your review and agreement. Please review those terms for the details of those programs, how to withdraw or cancel, or to assert your rights specific to those programs.
We generally do not treat consumers differently if they exercise a right under California law. However, in certain circumstances, discounted prices will require you to be on our mailing list or a member of our loyalty program. In such circumstances, we may offer a price difference because the price is reasonably related to the value of your data. The value of your data will be explained in the terms of such incentivized programs.
Shine the Light
California’s “Shine the Light” law permits customers in California to request certain details about how certain types of their information are shared with third parties and, in some cases, affiliates, for those third parties’ and affiliates’ own direct marketing purposes. Under the law, a business should either provide California customers certain information upon request or permit California customers to opt out of this type of sharing. To exercise a Shine the Light request, please contact us at [email protected] or My Local Utah and or 360 Marketing & Advertising LLC c/o Legal Department, My Local Utah and or 360 Marketing & Advertising LLC 80 East Antelope Drive Layton, Utah 84041. You must put the statement “Your California Privacy Rights” in the body of your request, as well as your name, street address, city, state, and zip code. In the body of your request, please provide enough information for us to determine if this applies to you. Please note that we will not accept inquiries via the telephone, email, or by facsimile, and we are not responsible for notices that are not labeled or sent properly, or that do not have complete information.
Important Information for Nevada Residents-Your Nevada Privacy Rights
If you are a resident of Nevada, you have the right to opt-out of the sale of certain Personal Data to third parties who intend to license or sell that Personal Data. You can exercise this right by contacting us here or emailing us with the subject line “Nevada Do Not Sell Request” and providing us with your name and the email address associated with your account.
How We Respond to “Do Not Track” Signals
Internet browsers can be configured to send “Do Not Track” signals to the online services that you visit. California Business & Professions Code Section 22575(b) (as amended effective January 1, 2014) provides that California residents are entitled to know how My Local Utah and or 360 Marketing & Advertising LLC responds to “Do Not Track” browser settings.
There currently is no consensus among industry participants as to what “Do Not Track” means in this context. Therefore, like many websites and online services, the Services do not alter their practices when they receive a “Do Not Track” signal from a visitor’s browser. To find out more about “Do Not Track,” please visit here.
We use other companies under agreements with us to serve third-party advertisements when you visit and use the Services. These companies collect and use click stream information, browser type, time and date, subject of advertisements clicked or scrolled over during your visits to the Services and other Web sites in order to provide advertisements about goods and services likely to be of greater interest to you. These companies typically use tracking technologies to collect this information. Other companies’ use of their tracking technologies is subject to their own privacy policies, not this one. In addition, we share with these third parties any personal information you voluntarily provide, such as an email address, in response to an advertisement or sponsored content link, or public information.
In order to serve offers and advertisements that may be of interest to our users, we display targeted advertisements on the Services, or other digital properties or applications in conjunction with our content, based on information provided to us by our users and information provided to us by third parties that they have independently collected.
Your Ad Choices
Some of the third-party services providers and/or Advertisers may be members of the Network Advertising Initiative (“NAI”) or the Digital Advertising Alliance (“DAA”) Self-Regulatory Program for Online Behavioral Advertising. You can visit here, which provides information regarding targeted advertising and the “opt-out” procedures of NAI members. You can opt out of the use of your behavioral data used by DAA members to serve you interest-based advertising on third-party sites here.
If you are accessing the Services through an application (i.e., mobile phone or tablet) you can download the AppChoices application from your device’s application store (i.e., Google Play, Apple App Store, and Amazon Store). This DAA application allows participating companies to offer an opt-out of customized advertisements that are based on predictions about your interests generated from your application usage. For more information, visit here.
Please note opting out through these mechanisms does not opt you out of being served to advertise. You will continue to receive generic ads while online or on your device.
We may from time to time offer certain location or pinpoint-based services, such as location-assisted navigation instruction. If you elect to use such location-based services, we must periodically receive your location in order to provide such location-based services to you. By using the location-based services, you authorize us to (i) locate your hardware; (ii) record, compile and display your location; and (iii) publish your location to third parties designated by you by means of location publication controls available within the applications (for example, settings, user preferences). As part of the location-based services, we also collect and store certain information about the users who elect to use such location-based services, such as a device id. This information will be used to provide you the location-based services. We use third-party providers to help provide location-based services through mobile systems (unless you opt-out of such location-based services with such providers) and we provide the information to such providers to enable them to provide their location-based services, provided that such providers use the information in accordance with our Privacy Notice
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Use at your own risk: none of the employees, directors, authors, contributors, administrators, or anyone else connected with MY LOCAL UTAH, MY LOCAL FOUNDATION, 360 Marketing & Advertising LLC, and its affiliates or partners in any way whatsoever, can be responsible for your use of the information contained in or linked from these web pages or social media sources.
“Fair Use Content Disclaimer & Notice
This site contains copyrighted material the use of which has not always been specifically authorized by the copyright owner.” In accordance with our community mission, we are making such material available. We believe this constitutes a fair use of any such copyrighted material as provided in Section 107 of the US Copyright Law. In accordance with Title 17 U>S>C> Section 107, the material on this site is distributed without profit to those who have expressed a prior interest in receiving information for local business and community support or educational purposes. If you wish to use the copyrighted material from this site for purposes of your own that go beyond fair use, you must first obtain permission from the copyright owner.
Terms and conditions including, artwork, emails, creative work both digital and print, digital processes, terms, and conditions are to remain the companies’ intellectual property and remain privileged and confidential. Any unauthorized disclosure, distribution, or other use of our intellectual property including creative artwork is prohibited.
Indemnification Client or Business Membership account holders and personal subscribers shall indemnify, defend and hold harmless Company, and Company’s owners, shareholders, members, employees, officers, managers, directors, contractors, agents journalists, content contributors, and other company representatives all of the foregoing, excluding business members and personal subscribers against any and all claims, actions, suits, proceedings, demands, liabilities, losses, damages, judgments, and costs, including without limitation, attorneys’ fees and investigation or litigation costs, arising from or in connection with (a) any and all acts or omissions of Business Clients, Business Members, subscribers, or members personnel and customers; (b) the conduct of Members business or the business of Members Personnel; or (c) any and all breaches or defaults of this Agreement.
Notice to all employees, vendors, freelancers, independent contractors, and service providers, chamber members, clients, board members, and community affiliates: Acceptance of published work or payment is an agreement to our companies and affiliates policies on confidentiality, non-disclosure, non-compete, and non-solicitation of our current and former clients, employees, and other vendors by accepting payment for services during the time you are performing work for our company and for one year thereafter. Any and all creative works digital and print may be showcased or featured on our behalf, including community partner work which may have been done in partnerships or pro bono, work without charge.
Recurring Credit Card Authorization
To claim a premium business listing and verify the business and/or consumer identity, a minimum one-time fee of $0.50 is charged at the initial business account membership set up. In addition to the information you have documented above, this paperwork will require the specifics of the credit card you wish the Merchant to withdraw funds from. This requirement can be satisfied in the section titled “Card Details.” The first task here will be to mark the box labeled “Visa,” “MasterCard,” “Discover,” or “American Express” to disclose the type of credit card that should be used by the Merchant. In the example below, the Cardholder will be using an American Express.
Additional Terms and Conditions
THIS AGREEMENT IS BETWEEN US (“360 MARKETING & ADVERTISING LLC”, “WE”, OR “OUR”) AND YOU (“PARTNER”, OR “YOUR”). BY SIGNING THIS AGREEMENT, BY ACCESSING; BY BROWSING 360 MARKETING & ADVERTISING LLC WEBSITES; BY CLICKING A BOX INDICATING YOUR ACCEPTANCE; BY EXECUTING AN ORDER FORM THAT REFERENCES THIS AGREEMENT; OR FOR FREE SERVICES, BY USING SUCH SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD AND AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU ARE ENTERING INTO THIS AGREEMENT ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY, YOU REPRESENT THAT YOU HAVE THE AUTHORITY TO BIND SUCH ENTITY TO THIS AGREEMENT, IN WHICH CASE THE TERMS “YOU” OR “YOUR” SHALL REFER TO SUCH ENTITY. IF YOU DO NOT HAVE SUCH AUTHORITY, OR IF AT ANY TIME YOU DO NOT AGREE WITH THIS AGREEMENT, YOU MUST NOT SIGN THIS AGREEMENT AND MAY NOT USE OUR SERVICES.
You may not access the Services if you are our direct competitor, except with our prior written consent. In addition, you may not access our services for purposes of monitoring their availability, performance or functionality, or for any other benchmarking against similar providers or other competitive purposes.
“Augmented Data” means information you submit to us to update, enhance, or augment such data to augment, verify, or correct through the use of our database, public sources, and/or through third party service providers. “Consulting Services” means the professional services available to you, subject to applicable fees, which may include training services, partner development, integration, or any other consulting services.
“Confidential Information” means all non-public, confidential or proprietary information that one party or its representative make available (“Disclosing Party”) to the other party (“Receiving Party”) in connection with this Agreement. Confidential Information includes, without limitation, the terms of this Agreement, Order Form, technical data, programs, code, trade secrets, marketing strategies, software, documentation, business information as well as information related to the past, present and future plans, ideas, business strategies, customers and suppliers of each party and its affiliates, as case may be. Information already known to the Receiving Party prior to the receipt from the Disclosing Party, or public knowledge is not considered Confidential Information.
“Customer” means an individual, or legal entity user that obtains websites or services from you.
“Documentation” means works of authorship that we make generally available for you and/or your Customer’s use with the Services that comprises either: (a) instructions for the software use; or (b) description of the software’s operational and/or design characteristics.
“Free Services” means subscription services or other products and features made available to you, or a free trial basis. Free Services exclude Purchased Services.
“Intellectual Property” means the following: all algorithms, application programming interfaces (APIs), concepts, Confidential Information, data, databases and data collections, designs, diagrams, documentation, drawings, flow charts, ideas and inventions (whether or not patentable or reduced to practice), know-how, materials, marketing and development plans, marks (including brand names, product names, logos, and slogans), methods, models, architectures, procedures, processes, protocols, software code (in any form including source code and executable or object code), uniform resource identifiers including uniform resource locators (URLs), user interfaces, web sites, specifications, subroutines, techniques, works of authorship, and other forms of technology.
“Intellectual Property Rights” means all present and future rights of the following types, that may exist or be created under the laws of any jurisdiction in the world: (a) rights associated with works of authorship, including exclusive exploitation rights, copyrights, moral rights, and mask work rights; (b) trademark and trade name rights and similar rights; (c) trade secret rights; (d) patent and industrial property rights; (e) other proprietary rights in Intellectual Property of every kind and nature; and (f) rights in or relating to registrations, renewals, extensions, combinations, divisions, and reissues of, and applications for, any of the rights referred to in clauses (a) through (e) of this sentence.
“Marketplace” means an online marketplace of applications and/or services made available by us and third party providers.
“Marks” means any trademark, service mark, or trade name of a party.
“Order” or “Order Form” means the online ordering document that has your information including, your contact information, subscription tier, term, activated products and so on.
“Platform” means the application that allows you to use and access the Solutions.
“Purchased Services” means subscription services or other products and features made available for purchase. Purchased Services exclude Free Services.
“Solutions” means products and/or services that we will make available in the Platform for you and/or for your Customer.
“Services” means the products and services that are enabled by you through Platform and Solutions, ordered by you under an Order Form, or provided to you under Free Services. Services exclude Marketplace and non-360 Marketing & Advertising LLC applications.
“Your Data” means electronic data and information submitted to our Services by you or on your behalf.
“User” means any individual or a legal entity accepting this Agreement or who is authorized by you to use Services, for whom you have purchased a subscription. Users may include you, your employees, consultants, contractors, and your Customers.
- SERVICES AND OUR RESPONSIBILITY
- Provision of Purchased Services. Subject to this Agreement including any applicable Order Form, we will do the following: (a) provide you with standard support, or upgraded support if purchased, and (b) use commercially reasonable efforts to make the online Purchased Services available 24 hours a day, 7 days a week except for: (i) scheduled maintenance; (ii) force majeure events, including an act of God, act of government, flood, fire, earthquake, war, terrorism, service provider failure, or denial of service attack; or (iii) your acts or omissions.
- Subscription; Upgrades and Downgrades. Detailed information on available tiers of subscription and what are included in each subscription is available upon request. You may upgrade your subscription tier at any time during the month. You may request to downgrade your subscription tier at any time, but it will only be effective at the end of your current term
- Free Services. You may register for Free Services subject to the terms of this Agreement until the earlier of: (a) the end of a free trial period; (b) the start date of any Purchased Services; or (c) termination by us in our sole discretion without prior notice. You agree that we will not be liable to you or any third party for any damages arising from using the Free Services or terminating free access to our Services. Except as required by law, you are solely responsible to export your data from Free Services prior to termination. We will not be responsible for any data you have entered or any customizations made to the Services by or for you unless you purchase a subscription.
- Modification. From time to time, we may modify any minor part of our Services to improve your experience. We will not make any material changes to our Services without providing notice.
- Consulting Services. You may purchase professional consulting services, subject to applicable fees, which may include training services, partner development, integration, or any other consulting services.
- YOUR USE OF SERVICES
- Usage Restrictions. You will comply with all federal, state, provincial and local laws, rules, regulations and ordinances with respect to the performance of any of your obligations under this Agreement. You will not do the following: (a) modify, copy or create derivative works based on Services or any part thereof, (b) reverse engineer, disassemble, or decompile any of our Services or any part of them to try and find our source code; (c) use or launch any automated system, including, “robots”, “crawlers”, “spiders”, or “offline readers”; (d) use the Services in any manner that damages, disables, overburdens, or impairs any of our websites or interferes with any other party’s use of the Services; (e) attempt to gain unauthorized access to the Services; or (f) access the Services other than through our interface.
- Your Responsibility. You will be responsible for the following: (a) User’s compliance with this Agreement, Documentation and Order Form(s); (b) for the accuracy, quality and legality of Your Data and your use of Your Data with our Services; and (c) use commercially reasonable efforts to prevent unauthorized access to and use of Services and notify us promptly of any unauthorized access.
- Marketplace; Third Party Sites and Products. We or third parties may make available Solutions through Marketplace or otherwise. When you elect to use third party Solutions, we may make available information about you and your Customers for enhanced user experience and/or any other unique customization for you or your Customers. We do not control third parties and we are not liable for Solutions by third parties. When using third party Solutions, your security is your responsibility. We do not endorse, warrant, guarantee the continued availability of, or support any of third party Solutions. Any acquisition of third party products or services, and any exchange of data by you with an applicable third party is solely between you and the applicable third party. You agree not to circumvent Marketplace and contract with any of third party providers in Marketplace which you have come to know through us or our Services, without our prior written consent.
- Subprocessors.360 Marketing & Advertising LLC uses certain subprocessors to assist in providing 360 Marketing & Advertising LLC’s services. A subprocessor is a third party processor engaged by 360 Marketing & Advertising LLC who agrees to receive and process personal data from 360 Marketing & Advertising LLC intended for processing activities to be carried out (i) on behalf of 360 Marketing & Advertising LLC customers; (ii) in accordance with terms of a written contract between 360 Marketing & Advertising LLC and customers; (iii) in accordance with the customer instructions as communicated by 360 Marketing & Advertising LLC; and (iv) in accordance with the terms of a written contract between 360 Marketing & Advertising LLC and the subprocessor. Subprocessors we engage may change from time to time; and we may update the list of subprocessors below.
- Current list of Subprocessors. The current list of our processors is available upon request subprocessors (each a “Processor”). We reserve the right to add, change or remove a processor, subject to the terms of our agreement with each of processors.
- Payment Subprocessing. To the extent applicable, you appoint 360 Marketing & Advertising LLC as its limited payments agent for the sole purpose of receiving, holding and settling payments to 360 Marketing & Advertising LLC for your Customer’s invoice payments made through our Platform. 360 Marketing & Advertising LLC or its third party payment processor will settle payments that are actually received by 360 Marketing & Advertising LLC, including payments received by 360 Marketing & Advertising LLC’s third party payment processor on behalf of 360 Marketing & Advertising LLC to you, less any amount owed to 360 Marketing & Advertising LLC, including taxes, fees and other obligations, and subject to this Terms of Service and to the third party processor’s terms and conditions (“Payment Settlement”). You agree that a payment received by 360 Marketing & Advertising LLC (whether directly or by our third party payment processor on behalf of 360 Marketing & Advertising LLC), on behalf of you, satisfy your Customer’s obligation to make payment to you, regardless of whether 360 Marketing & Advertising LLC actually settles such payment to you. If we do not settle any such payments as described in this Terms of Service to you, you will have recourse only against 360 Marketing & Advertising LLC and not your Customer, as payment is deemed made by your Customer to you upon constructive or actual receipt by 360 Marketing & Advertising LLC.
- Chargeback and Refund Liability. When a cardholder has an issue with a charge on their credit card, they may contact their bank or issuing entity to dispute the charge. Chargeback is a transaction which is successfully charged back on request of a cardholder or issuing entity which results in cancellation of a transaction in respect of which the cardholder or issuing entity has been paid or is due to be paid. A Chargeback results in an unconditional obligation for you to return remitted funds and any applicable fees. For more information on Stripe’s terms on Chargebacks, please click here. For avoidance of doubt, if you use Stripe payment service, you are subject to the terms and conditions of Stripe payment service; and we are not responsible for any Chargebacks and any associated applicable fees.
You agree to be held responsible and liable for: (a) any and all Chargebacks, refunds and any fines, fees, charges or expenses of any nature in relation to such Chargebacks and refunds; (b) where a Chargeback occurs, we shall immediately be entitled to debit your account, a deduction from any amount received by us, and/or invoice you to recover the full amount of the relevant Chargebacks and any other expenses. Your obligation to pay Chargebacks shall survive the termination or expiration of this Agreement.
- FEES AND PAYMENT
- Subscription. Unless otherwise provided in the applicable Order Form, (i) the subscription fee will remain fixed during the term; (ii) the subscription fee is non-cancellable and non-refundable; (iii) Purchased Services are purchased as Retainer package Retainer package subscriptions; (iv) Retainer package Retainer package subscriptions can be upgraded, and (v) any added subscription will terminate on the same date as the underlying Retainer package Retainer package subscriptions.
- Onboarding Fee. This one-time setup fee will be considered in any integration and training plan we design (“Onboarding Fee”). Onboarding Fee is mandatory, subject to the level of subscription or the size of the accounts and is non-refundable.
- Products. Certain Solutions require a certain level of active subscription tier. Fees for Solutions may vary or depend on a certain subscription tier. You agree to promptly pay on demand all amounts due and payable for each product and/or service. Activated products or services for an account are for a full period as per each specification. You may cancel any of their active products at any time, and the system will automatically deactivate the product at the end of the current cycle.
- Invoicing and Payment. All amounts invoiced are due and payable immediately, unless otherwise provided in the Order Form. You are responsible for providing complete and accurate billing and contact information to us and notifying us of any changes to such information.
- Payment Method. You will pay all fees via a valid payment method, by other approved manner by us or specified in the applicable Order Form. If you provide payment card information, you authorize us to charge the payment card for all purchases made and any renewals due. Such charges may be made in advance, either annually or monthly or in accordance with the billing frequency associated with the Solutions in the Platform. You may be required to use a valid payment card in order to immediately activate some Solutions. If there is a problem charging your payment card or you ask to remove the card from our system, you may be required to provide other valid payment card information or other approved manner by us. If you are making payments via payment card, you authorize us to use a third party to process payments, and consent to the disclosure of your payment information to such that third party.
- Overdue Charges; Late or Non-Payment. If you do not pay the invoice by the due date, then without limiting our rights or remedies (a) those overdue charges may accrue 2% of outstanding balance per month, or the maximum rate permitted by law, whichever is lower, (b) we may suspend or terminate the current subscription term, and/or (c) we may alter your payment terms on future Retainer package Retainer package subscriptions.
- Payment Dispute. You will notify us immediately if there is any issue with your invoice. We will not suspend the Services while you are disputing the applicable charges reasonably and in good faith and are cooperating diligently to resolve the dispute.
- Fee Increase. The pricing of any fee during any renewal term may increase up to 8% above the applicable pricing in the prior term, unless we provide you notice of different pricing at least 60 days prior to the applicable renewal term.
- Taxes. You are responsible for paying all taxes, levies or similar governmental assessment including, for example, sales, value-added, use or withholding taxes, associated with your purchases hereunder. Our fees do not include taxes, which we will charge as applicable and you will pay that amount. You shall have no liability for any taxes based upon our gross revenues or net income. We are solely responsible for our own taxes based on our income, property and employees.
- TERM AND TERMINATION
- Term and Renewal. This Agreement commences on the date you first sign in acceptance for a period of one (1) year, and will automatically renew for additional one (1) year periods, unless either party gives the other notice of non-renewal at least 90 days before the end of the relevant term. If you have purchased Solutions during the subscription term, the fees for these Solutions will be monthly (or annually as the case may be), unless otherwise indicated in your Order Form. If you use our Free Services, we will make the Free Services available to you subject to Section 2.3 above. Except as stated in the applicable Order Form, renewal of promotional or one-time priced subscription will be at our applicable list price in effect at the time of the applicable renewal. Notwithstanding anything to the contrary, any renewal in which volume for any Services has decreased from the prior term will result in re-pricing at renewal without regard to the prior term’s pricing.
- No Early Termination; No Refunds. The subscription term will end on the expiration date and the subscription cannot be cancelled early. All fees are non-refundable. If you terminate this Agreement during the term, you agree to pay any outstanding fees due and payable for the remainder of the term.
- Termination/Suspension. Either party may terminate this Agreement for cause, upon 30 days written notice of a material breach if such breach remains uncured at the expiration of such period.
We may terminate this Agreement for cause: (i) upon fifteen (15) days written notice to you of non-payment of any amount due to us if such amount remains unpaid at the expiration of such period, (ii) immediately, if you become the subject of a petition in bankruptcy or any other proceeding relating to insolvency, receivership, liquidation or assignment for the benefit of creditors, or (iii) immediately, the Customer or the User violates the Terms of Service or applicable local, state, federal, or foreign laws or regulations. While any payment is delinquent, subject to our reasonable and sufficient notice: (a) any unpaid fees will incur a late fees; (b) we may terminate or suspend your, Customer’s and/or User’s access; and/or (c) we may initiate direct communications with the Customer or any User.
- Effects of Termination. Upon expiration or termination of this Agreement for any reason: (a) your right to use or access the Services shall cease and we have no further obligation to make the Services available to you; (b) all rights and licences granted to you (or by you) shall cease; and (c) any amounts owed to us under this Agreement shall be immediately due and payable.
- Return of Property. Upon expiry or termination of this Agreement, you may request within 30 days to export or download Your Data. After this 30-day period, we hold no obligation to maintain or provide any of Your Data and will delete or destroy all Your Data in our systems or otherwise in our possession, unless legally prohibited by applicable laws from doing so.
- PROPRIETARY RIGHTS AND LICENSES
- Proprietary Rights. All our Services are protected by intellectual property laws, they belong to and are the property of us or our licensors (if any), and we retain all ownership rights to them. You agree not to copy, rent, lease, sell, distribute, create derivative works or use them in a fashion contrary to this Agreement. You have the right to access and use the Services subject to the terms of this Agreement.
- Your Rights; Your Data. You own and retain all rights to Your Data. You grant us and our applicable third parties a limited right to use Your Data solely to the extent as may be necessary to provide the Services to you pursuant to and as permitted by this Agreement. If you are using the Services on behalf of another party, then you represent and warrant that you have all sufficient and necessary rights and permissions to do so. Save and except for the limited licenses granted for use of Your Data during the term of the Agreement, we acquire no right, title or interest from you or your licensors under this Agreement.
- License to Use Feedback. You grant us a license to use and incorporate into our services any comments, suggestion, enhancement, recommendation, correction or other feedback provided by you or Users, without any payment or attribution.
- Augmented Data. If we make Augmented Data available to you, you may use Augmented Data during your Purchased Subscription period only. We will make Augmented Data based on Your Data and it will only be available to you.
- LEGAL TERMS
- CONFIDENTIALITY. During the term of this Agreement and following the expiration of this Agreement, all Confidential Information related to or obtained from either party shall be held in confidence by the Receiving Party to the same extent and in at least the same manner as its own confidential information. The Receiving Party will not use Confidential Information for any purpose outside the scope of this Agreement. The Receiving Party will limit access to Confidential Information to its employees, contractors, advisors and agents, who need access for purposes consistent with this Agreement. The Receiving Party will not disclose Confidential Information to any third party without a prior written consent of the Disclosing Party. Upon notice to the Disclosing Party, the Receiving Party may disclose Confidential Information to the extent compelled by law, to do so.
- PUBLICITY. You grant us the right to add your name and logo to our partner list, podcast, and website in all our media releases, and showcase, feature, all creative work.
- INDEMNIFICATION. You will defend, indemnify and hold us harmless against any third party claim, requests for injunctive relief, demands, liabilities, obligations, losses, damages, penalties, fines, punitive damages, expenses and disbursements of any kind and nature, suit, action, or proceeding (each, an “Action”) brought by a third party under any theory of legal liability arising out of or related to any of the following: (a) your noncompliance with or breach of this Agreement, (b) actual or alleged use of the Services in violation of this Agreement or law, by you or by any person acting for you under the Agreement regardless of whether such person has been authorized to use the Services, (c) your use of Third Party Products, or (d) any dispute between persons who claim to have authority to act for you in connection with the control of your account with us. We will notify you so you have the right to immediately take control of the defense and investigation of any Action and promptly provide you, at your expense, with any and all information and assistance reasonably requested by you to handle the matter. You shall not settle any Action on behalf of us or impose any obligations on us without our prior written consent.
- DISCLAIMER; LIMITATION OF LIABILITY.
- DISCLAIMER. WE AND OUR MANAGEMENT, BOARD, AFFILIATES AND AGENTS MAKE NO REPRESENTATIONS OR WARRANTIES REGARDING THE INTEGRITY, ACCURACY, COMPLETENESS, SUCCESS, PROFITABILITY, RELIABILITY, AVAILABILITY OR EXPECTED OPPORTUNITIES ASSOCIATED WITH OUR SERVICE, DATA MADE AVAILABLE FROM THE SERVICE, OR MARKETPLACE. APPLICATION PROGRAMMING INTERFACES (APIS) MAY NOT BE AVAILABLE AT ALL TIMES. WE PROVIDE SERVICES “AS IS” AND “AS AVAILABLE”, WITHOUT WARRANTY OF ANY KIND, AND DISCLAIM ALL EXPRESS OR IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, PERFORMANCE, ACCURACY, RELIABILITY AND NON-INFRINGEMENT. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT.
- NO INDIRECT DAMAGES. THE PARTIES AGREE THAT THE ALLOCATIONS OF RISK MADE IN THIS AGREEMENT ARE REASONABLE. TO THE EXTENT PERMITTED BY LAW, IN NO EVENT SHALL EITHER PARTY BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, BUSINESS INFORMATION, GOOD WILL, LOSS OF PROFITS OR REVENUE, OR OTHER PECUNIARY LOSS, ARISING UNDER OR IN CONNECTION WITH THIS AGREEMENT, PROVIDED HOWEVER, THIS LIMITATION SHALL NOT APPLY TO YOU IF YOU ONLY USE THE FREE SERVICES.
- LIMITATION OF LIABILITY. IN NO EVENT SHALL OUR AGGREGATE LIABILITY UNDER THIS AGREEMENT EXCEED, THE LESSER OF: $5,000 OR THE TOTAL AMOUNT PAID BY YOU FOR THE SIX MONTHS SUBSCRIPTION PERIOD IMMEDIATELY PRECEDING THE EVENT THAT GAVE RISE TO THE LIABILITY. THE FOREGOING LIMITATION WILL APPLY REGARDLESS OF WHETHER SUCH LIABILITY IS BASED ON BREACH OF CONTRACT OR TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE), STRICT LIABILITY, BREACH OF A FUNDAMENTAL TERM OR OTHERWISE, BUT WILL NOT LIMIT YOUR LIABILITY OR OBLIGATIONS UNDER THE PAYMENT OF FEES, INDEMNIFICATION OR FOR VIOLATION OF OUR INTELLECTUAL PROPERTY RIGHTS. IF YOU ARE USING FREE SERVICE, THIS LIMITATION SHALL NOT APPLY TO YOU, AND IF WE ARE DETERMINED TO HAVE ANY LIABILITY TO YOU OR ANY THIRD PARTY ARISING FROM YOUR USE OF THE FREE SERVICE, THEN OUR AGGREGATE LIABILITY WILL BE LIMITED TO ONE HUNDRED U.S. DOLLARS.
- THIRD PARTY PRODUCTS. WE DISCLAIM ALL LIABILITY WITH RESPECT TO THIRD PARTY PRODUCTS THAT YOU USE.
- NO-EXCLUSIVITY AND INDEPENDENT CONTRACTOR. Partner and its Customers will not have an exclusive right to market, sell or implement Solutions, and no franchise is granted to Partner. 360 Marketing & Advertising LLC expressly reserves the right to market and sell the Solutions itself, including to any Customer, and to contract with others to market and sell Solutions including to any Customer. Each Party to this Agreement is an independent contractor. This Agreement does not create any agency, partnership, joint venture, employment or franchisor or franchisee relationship. Furthermore, no labor relationship between 360 Marketing & Advertising LLC and Partner employees is created hereby. Neither Party has the right or authority to, and will not, assume or create any obligation of any nature whatsoever on behalf of the other Party or bind the other Party in any respect whatsoever. Notwithstanding the use of the term “partner” in this Agreement, the Parties do not intend to create any legal relationship of partnership between them, and neither will assert to any third party or otherwise claim that such a legal relationship exists between them. For greater certainty, Partner hereby acknowledges and agrees that 360 Marketing & Advertising LLC shall not exercise any control over, or offer assistance in, Partner’s method of operation, including locations, business organization, marketing techniques or training.
- NON-SOLICITATION. During the term of this Agreement and for two (2) years following the termination of this Agreement, you will not solicit, hire, contract with or retain any of our directors, officers, employees, assignees, other partners, third party provider or customers without our prior written consent; provided, however, that this limitation shall in no way apply to the hiring or solicitation of any of the above persons that respond to public postings.
- For any material change to this Agreement, we will send prior notice via email or in-app notification. The updated Agreement will have an indication of its effective and binding date, for example, Terms of Service will have “Last Modified” or “Effective As of” or similar language thereof. We encourage you to check our Agreement on a regular basis. Please notify us in writing if you do not agree with any changes within thirty (30) days. No delay in exercising any right or remedy or failure to object will be a waiver of such right or remedy or any other right or remedy. A waiver on one occasion will not be a waiver of any right or remedy on any future occasion.
- No Waiver. Delay in exercising any right or remedy will be a waiver of such right or remedy. No course of dealings between you and us shall be construed as a waiver of any subsequent breach or modification hereof.
- Currency. Unless expressed in the applicable Order Form, all references to money amounts are to the lawful currency of the United States Dollars (“USD”).
- Severability. If, in any jurisdiction, any part of this Agreement is unenforceable, such provision is ineffective without invalidating the remaining provisions of this Agreement and such unenforceable provision will be deemed to superseded by a valid, enforceable provision that most closely matches the intent of original provision.
- Interpretation. Where the word “including” or “includes” is used in this Agreement, it means “including (or includes) without limitation”.
- Assignment by Merger, Consolidation, reorganization You will not assign or transfer this Agreement without our prior written consent. We will assign this Agreement to any successor by way of any merger, acquisition, consolidation or reorganization, sale of all or substantially all assets, change of control or by operation of law.
- Third Party Beneficiaries. Nothing in this Agreement, express or implied, is intended to or shall confer upon any third-party person or entity any right, benefit or remedy of any nature whatsoever under or by reason of this Agreement
- Governing Law; Venue. This Agreement shall be governed by and construed in accordance with the laws of the Province of Saskatchewan and all applicable federal laws of Utah, without regards to its conflict of law principles. The Parties do hereby irrevocably consent to the jurisdiction of the appropriate courts located in Saskatoon, Saskatchewan for the resolution of any disputes arising out of this Agreement. The parties also agree that they will first attempt to resolve any disputes arising under this Agreement through good faith negotiations.
You may request to downgrade your retainer package subscription tier at any time, however it will only be effective at the end of your current retainer agreement term.
Chargebacks and Refund Liability:
A Chargeback results in an unconditional obligation for you to return remitted funds and any applicable fees.
Recurring Credit Card Payment Authorization:
You authorize regularly scheduled recurring charges to your credit card for the MY LOCAL UTAH Premium Business Membership, subscription, and services provided. You will be charged the amount indicated below each billing period. A receipt for each payment will be provided to you upon request and the charge will appear on your credit card statement. You agree that no prior notification will be provided unless the date or amount changes, in which case you will receive notice from us at least 10 days prior to the payment being collected.
I understand that this authorization will remain in effect until I cancel it at any time, within my account created or in writing, and I agree to notify MY LOCAL UTAH / 360 Marketing & Advertising LLC in writing of any changes in my account information or termination of this authorization at least 15 days prior to the next billing date. If the above-noted payment dates fall on a weekend or holiday, I understand that the payments may be executed on the next business day. I acknowledge that the origination of Credit Card transactions to my account must comply with the provisions of U.S. law. I certify that I am an authorized user of this Credit Card and will not dispute these scheduled transactions or marketing services rendered and provided; so long as the transactions correspond to the terms indicated in this authorization form.
By using these sites and or submitting any contact forms, you consent for 360 Marketing & Advertising, LLC, and to its affiliates, clients, and or partners to use automated technology and 3rd party software, including pre-recorded messages, emails, cell phones, and text messages, to contact you at the number, email, or mailing address provided. This includes if the number is currently on any Do Not Call lists.
Terms of Service:
WE HOPE TO MAKE YOU A LONG-TERM HAPPY PARTNER & CUSTOMER, BUT IF THERE’S AN ISSUE NEEDS TO BE RESOLVED, The client’s agreement for services, terms of service, and conditions in this section outline the constructive knowledge, responsibilities, and expectations. Annual Retainer packages allow the client to be provided recurring work, up-front hours, a set time or block of hours, and multiple services at a discounted rate. Time is of the essence of these annual agreements. This includes 360 costs of payroll for staff to provide creative work, marketing technologies, software, programming, development, coding, and content creation within our individual service pricing or our multi-media services, paid media, media buying, and website licensing agreements, and subscriptions. The client has reviewed all options for the Annual digital retainer packages, project-based rates, hourly rates, add-on services pricing, and terms of service.
Thank you for understanding that if you wish to cancel, you may do it within four (4) days of signing and acceptance of all terms and conditions in this agreement. After four (4) days of signing and accepting this agreement, all services, including third-party software as a service agreement, are initiated and billed accordingly for the contract term. The client agrees to pay for all time length, services rendered, software(s) purchased, products, mailed products, or marketing technologies purchased on behalf of the client, including third-party vendors. Due to discounted rates for annual bundled packages and the variety of options available for the business owner to choose month-to-month hourly rates at $195 per hour, or omnichannel annual retainers, set annual hour package retainers. Once work begins, there are no refunds, cancelations, or recurring payment disputes after the original contract and four days cancelation time frame has been initiated.
Hourly Rates: $145 to $195 per hour, billed accordingly.
Example: Month to Month vs. Annual Retainer agreement
Annual Bronze Retainer package, with payment plan – $2450 per month on a payment plan
Month to Month, 20 Hours billed at an hourly rate: $3900 + Software as a Service
Annual Digital Marketing Subscription Retainer Packages Duration is no less than one year and ongoing with a 12-month renewal until a written sixty-day notice is received. Allow our clients to choose set a monthly budget and minimum or maximum paid ad spending with a minimum 12 twelve-month annual agreement; due to third-party technology companies, some deals may require a 12 to 18 months minimum. If discounts were received, the term length is no less than 18 months minimum. It can be upgraded to more extensive retainer services. If you need to alter or change from the original signed agreement, this must be approved by upper management before the change. Retainer and subscription packages include management and content creation of multiple platforms, software as a service, analytics, and campaigns. All retainers include call tracking, call recording, and call analytics. We do not allow other call tracking numbers or landlines to be used, and accurate data is collected for our internal systems. Future campaigns, retargeting campaigns, and text (SMS) campaigns will be archived and used for client reporting accuracy. Contract terms “Annual” means no less than twelve months of services, billed monthly. Once work has been initiated on the Annual Digital Marketing Retainer Package you chose, this package may not be changed until the end of the term length of this agreement. Strategy sessions, analytics, and reporting are included in all retainer packages. The set-up fee is required for the first 30 days of setup, integration, and implementation between all platforms. Copyright ownership for all website source code, coding, plugins, design, online design, offline design, content, creative, photography, videography, and production services remains copyrighted intellectual property owned by 360 Marketing & Advertising. It is licensed to the client during the time frame of services. All licenses end when services are terminated. Website creation, design, or video production development will cost a one-time build. Clients are responsible for third-party paid advertising services and budgets on various platforms such as Google, Facebook, and Instagram. The client agrees to all terms and annual renewal agreements with outside third-party vendors for these services 360 Marketing & Advertising is implementing on behalf of the client. No refunds or disputes after the original contract has been initiated. Advertiser/client agrees that this agreement cannot be canceled before the term-long agreement. Discounts may be charged back if any discounts have been provided and unforeseen circumstances arise.
Thank you for responding to our proofing: We work on a one-time proof system for a fast turnaround time. Proofs, links, and portals are typically sent during the month’s third or fourth week, between the 20th and 30th. Recurring artwork and proofs will publish as-is if we do not receive a response. If additional revisions are required, the client agrees to pay additional fees and costs as charged by 360 Marketing & Advertising at $195 per hour. No refunds or disputes after the original contract has been initiated.
Renewals: Due to larger technology companies known as “SaaS” software as a service. All renewals are a minimum of 12 to 18 months. A 60-day notice in writing is required to change services or cancel before the renewal month. In the event of a breach of the contract by the other party, damages, collection, or attorneys’ fees will be assessed. Agreements, terms, and length of service require a personal guarantee and personal liability. The undersigned unconditionally promises and guarantees payment of corporate debts, the officers of a corporation are personally liable for all contract terms, financial liabilities, contract length, terms and conditions, and third-party services managed on behalf of the client. Payroll hours, design, and content creation are completed 45-60 days in advance for recurring retainer services. 360 asks for a sixty-day notice to upgrade or add on any project-based or individual add-on services during your agreement. Client portal access or google drive is available; email and or SMS reminders are sent out before renewal month dates as a friendly reminder. At the time of signing this agreement, the client acknowledges receiving the marketing guide media kit, onboarding process, and “what to expect the package,” as well as all current pricing featuring all individual pricing for services, creation, software, managing, and annual digital retainer package pricing. If discounts were received, the term length is no less than 18 months minimum.
Recurring Billing and or Service Billing: All business accounts must provide an authorized credit card and business ach for all services and recurring monthly retainers, media placements, marketing services, paid media services, creation costs, software as a service agreement initiated, or placements within 360 and for third-party SAAS agreements managed and set up for each business. Newly established companies may be asked to provide two forms of payment, including ACH. If discounts were received, the term length is no less than 18 months minimum.
Subscriptions, Payment Plan, terms, Monthly Installments/Financing/Payment terms are made simple on annual packages, retainers, and services:
Time is of the essence of these annual agreements. Annual agreements can be made upfront n a once a year payment, or you can choose the option of payment terms and financing payment terms. Financing Payment terms allow you to pay for recurring services, softwares, and creative work with a set budget over contract length of time rather than the annual amount due upfront. Default in payment or payment disputes can result in immediate termination of servies, collections and attorney’s fees.
Refer to the 360 pricing guide and options on the published rate card for all iservices, hourly rates and annual retainer package media services. If the client fails to pay any amount under this agreement due or otherwise defaults in its obligations set forth herein this agreement, at the option of 360 Marketing & Advertising, the entire balance owed for the contract term length by the client shall become immediately due and payable, this may be sent to an attorney or collections agency for complete payment and may result in immediate termination of services. Non-payment, including dispute of payments for all marketing and advertising services, including third-party SAAS software services, will result in an immediate cancellation, collections, attorney’s fees, and damages will apply.
The business owner, corporation, and or person signing this agreement is an authorized user credit card being used to pay any amount, and software as a service agreement is included in services under this agreement; the cardholder or authorized representative of the business represents that he/she is an authorized signer for the credit card. Further, if credit card information is provided, the client and the cardholder hereby expressly agree that any or all amounts due under the agreement,
including software as a service, media buying services, and add-on past services during or after renewal; future services will be billed against the credit card or ACH payment provided. Disputes: The client agrees to Indemnification and Hold Harmless 360 Marketing & Advertising LLC. If a dispute arises out of or relates to this contract or the alleged breach thereof, and if the dispute is not settled through negotiation, the parties agree to try in good faith to settle the dispute within 30 days. If parties cannot agree on a resolution, the dispute, resolution, and company intellectual processes shall remain confidential. Disclosing any company propriety information to third parties may result in liability and damages to the client. Please understand our terms of servie No cancelations, refunds, or disputes of recurring payments after the original contract has been initiated and the four-day cancellation term has lapsed.
Business Account Subscription, Payment Plan, Payment Terms of Service: All fees are in U.S. Dollars. Recurring Subscription Payments are processed on the1st and 15th of the month. This option is available to qualified business customers and requires a minimum 12-month installment loan when you select monthly recurring installments as the payment type. Business account services activation and installment agreement payment begins immediately after four day cancellation period and services begin. Monthly recurring price reflects net monthly payment, after approved business application. Recurring payments are processed on the 1st or 15th of each month. Invoices are available upon request. Visa, Mastercard, Discover, and American Express are accepted. Subject to business verification and approval. Additional 360 Monthly Payment installment terms are listed here and in the customer agreement and client portal. The last month’s service payment will follow the written sixty-day notice, as final billing is done in arrears after services have been rendered. Limited-time offers, discounts, and incentives are subject to change. Upgrades or downgrades to your plan that you elect will be billed accordingly on the next billing cycle. Each party represents it is legally authorized to enter into this payment installment and service agreement and that the execution by the individual signing below will render this Agreement legally binding on such individual personal party, corporation, or business entity,
Payment Processing for Add-on services, hours and projects: or additional hourly work, project needs require written notice and may need to be worked into the current time frame and workflow and staffing hours within an average time length for the add on needs or projects. Simple add on requests, depending on staffing and workload, vary from 14-30 days turnaround depending on the items requested via email outside the realm of recurring or contracted services.
Additional services beyond the items listed within the annual retainer package agreements are billed at the hourly rate: The hourly rate for services ranges from $135 to $195 per hour. Any website development, website design, or UX/UI is billed at $195 per hour, including e-commerce.
Processing Fees: There is a 3% processing fee for all recurring or one-time transactions and payments. Some items in the marketing industry may be assessed sales tax and vary by product or service. Invoices are sent upon request and for add-on services. The client is responsible for any third-party software as service agreements and terms of service with all third-party companies.
If you fail to pay any amount due, 360 may immediately suspend and terminate services and access to 360 platforms, software and services.
Attorneys fees and collections fees will apply to amounts due for services rendered for the term of the agreement, NON PAYMENT – NSF or ACH returned check fees will apply, return payments, declined credit cards, and Non-payment of all marketing services will result in service interruption or account suspension or deletion, including various outside vendors. They may resort to collections fees and or attorney’s fees by 360 Marketing & Advertising and any third-party software as a service company that provides services. The client is responsible for any balance owing; additional collection and/or attorney’s fees will apply. This will be applied to all outstanding charges, disputed charges, and NSF checks, and any discounts received will be charged back, and services charged at the regular rate of $195.00 per hour, plus interest, collections, and attorneys fee in the event of any default of this contract agreement and terms. If a dispute arises out of or relates to this contract or the alleged breach thereof, and if the dispute is not settled through negotiation, the parties agree to try in good faith to settle the dispute by mediation within 30 days if the parties cannot agree on a resolution, Within thirty days of nonpayment, 360 may sell creative work or any assets to recover costs at its sole discretion. A finance charge of 1 1/2% per month (annual percentage rate 18%) of the unpaid balance will be added monthly. Should collection become necessary, the responsible party agrees to pay a collection fee of 40% and all legal fees of collection, with or without a suit, including attorney fees and court costs. Past Due amounts will become an immediate attempt to collect a debt. IFTHE CONTRACT DEFAULTS, ANY DISCOUNTS OR FREE SERVICES GIVEN FOR A LONG-TERM AGREEMENT WILL BE CHARGED BACK AT THE REGULAR RATE OR HOURLY RATE OF $195 PER HOUR.
Travel Costs: Video or Commercial Photography. On-location travel, up to 75 miles included in all pricing. Additional costs for travel, time, and services outside of regular business hours may be applied.
Third-Party Billing: The client has constructive knowledge of our terms of service, pricing, and third-party billing terms. 360 Marketing & Advertising LLC is not liable for any billing of and for third-party SAAS management services, setups, billing, or clients and or authorized employees-initiated services during training of employees or clients directly or indirectly. The client is provided all terms of service before signing agreements, during the length of the accords, and at the renewal time frame. It is available in the client portal and can access anytime to verify services their authorized representatives have placed for the business.
360 offers ongoing in-person appointments to review during business hours.
Website hosting, SaaS and cyber security Website Licensing Agreement, Website Development, Hosting: The client understands that a work order must be submitted to complete additional work on the website or as technology issues arise. Links outside the client’s website are outside our developer’s control. Therefore, we are not responsible for third-party links or client software. We go to every effort to host and maintain websites. Include basic hosting, back-ups, SSL certificates, and security. Additional time and hours for graphic design, links, UX/UI design, automation, connecting software, plugins, and or additional website design, and website development or e-commerce hours are billed at $195 per hour per developer.
Telephone Numbers, Call tracking SaaS: Due to data and privacy laws and the variance of laws from state to state nationally, and globally, All retainers include call tracking, recording, and analytics. All content created will showcase this number provided for lead generation accuracy for all clients. Use of other phone numbers is prohibited and cannot be used in our campaigns, marketing, or packages. 360 provides call tracking numbers to be used, and accurate data is collected for our internal systems. Future campaigns, retargeting campaigns, and text (SMS) campaigns will be archived and used for client reporting accuracy.
360 Licenses to the client during the term of the agreement. The client has constructive knowledge and understands the license terms of this agreement. 360 Marketing & Advertising owns all copyright of website design, licensing agreement, SAAS, and website services: Website design and development, including all custom source code, templates, plugins, custom software, infographics, 3D Design, animation, servers, licenses for design, photography, videography, technical support, hosting, and website maintenance for all website development or ongoing services is owned by 360 Marketing & Advertising which offers a license to the client during the time of services. Domain names bought by 360 will remain the property of 360 and will not transfer. 360 Marketing & Advertising does prohibit transfer and will not transfer our company’s proprietary information, intellectual property, or copyrighted design to a third party or competitor of our company or industry. The client may be liable for damages if our company’s proprietary information is disclosed or given to a competitor. The license agreement with the client ends when services are canceled and may not be reused.
Domain Name Purchases, Domain Backup buying, and SaaS:
If the client bought and owned the domain name before working with 360 services, the domain name will transfer back to the client with a sixty-day notice at the end of full-filled terms of service and or full-filled renewal terms, and payment terms and conditions. Domain names purchased and licensed by 360 will remain the property of 360 and will not transfer. Licenses, and source code do not transfer. I 360 purchased the domain name, the Client may purchase the domain name after terms and conditions are fulfilled throughout the length of the agreement.
Pricing: Marketing Services, Add-ons, SaaS: Hourly, Individual Service or Project-Based Pricing: The client has constructive knowledge and understands there is separate pricing for individual project builds, marketing and technology services, and software services with third parties. They may choose to add on individual services that best fit their business and needs via email, for which they will be billed accordingly for add-on service requests. Add on service costs provided in the media kits and online client portal to view updated pricing and terms of services or additional technology services as they become available. The client is aware of all pricing options Retainers, Project-Based, Hourly, Individual Services, and other services provided in initial meetings. Hourly Rates: $145 to $195 per hour, billed accordingly.
Media Buying, PPC/ PAID AD SPEND Management, and budget: 360 Manages the clients paid ad spend or PPC. The ad spends with multiple platforms such as Google, Facebook, Instagram, YouTube, Snapchat, TikTok, and other digital display networks can be adjusted monthly by emailing 360 Marketing & Advertising. Accounts are established on behalf of the client’s business under the agency’s terms and conditions. Nonpayment of ad spend can freeze third-party accounts for nonpayment including Google, Amazon, Facebook, Instagram, and other digital platforms. The client has constructive knowledge of our terms of service, pricing, management and third-party billing terms.
360 Marketing & Advertising LLC, Marketing Services & Management Fees:
See Pricing for all Marketing Services, SAAS, hourly or retainer rates, and Annual Digital Subscription Retainer Agreements for all digital advertising and marketing services and rates. Current rates, software, policies and procedures, and terms of service are available on your client portal login. Client Google drives, or by calling the office and speaking with your digital account manager at (801)-543-0250. 360 reserves the right to repurpose and reuse any and all content at any time.
Software as a service, additional third-party rates will apply and will be billed accordingly for added software, technologies, media buys, creative services, training services, updates, content, or creation and will be billed accordingly within our contracted vendor’s guidelines. Non-payment of all marketing services will result in immediate service interruption or account suspension or deletion, including various third-party outside vendors. The client has constructive knowledge of our terms of service, pricing, and third-party billing terms. Hourly Rates: $145 to $195 per hour, billed accordingly.
Confidentiality of Terms of Service, Indemnification, and Hold Harmless: Active current clients, former Clients, subscribers, vendors, current and former employees, distributors, and contractors shall indemnify and hold harmless the “Company” and affiliated companies and companies’ respective owners, partners, employees, members, agents, and affiliates against any and all claims, liability, loss, damage, or expense including attorney’s fees and other costs of investigating and litigating claims caused, directly or indirectly; whether by error, staffing, knowledge or otherwise including if the client or client’s employees, contracted employees, or vendors breach any of the
terms of this agreement, representations or warranties which the client has made in his or her Agreement. 360 Marketing & Advertising LLC is not liable for any
billing error for third-party SAAS services, setups, billing, or clients and or agreements authorized by clients’ employees, or those acting on behalf of clients’ business as an independent employee or part-time that initiated services with 360 including training of employees or clients staff directly or indirectly. The client is provided all terms of service before the signing of agreements, during the length of agreements, and at the renewal time frame, available in the client portal and drives to access anytime and in-person appointments to review. The business owner, company and or client agrees to carry their own business insurance policy to cover business errors and omissions, cybersecurity insurance coverage, and general liability for any reason they fill they may need.
SaaS Software Subscription TOS
The client has constructive knowledge and understands the scope of third-party software as a service, annual digital retainer subscription packages, the commitments to time, payroll, third parties for software, paid advertising on various platforms; software set up for the client’s business, development, security, paid advertising, local SEO listings, search engine optimization, search engine marketing, analytics, and insights software, reporting services, and media buys (Example: Google, Facebook, Instagram, Yelp, Twitter, Pandora, Google domain names, GoDaddy, or media buying entities such as various publications, direct mail lists, direct mail costs to USPS, Google Display Networks, Facebook Display Networks, Fox, KSL, ESPN, and Software companies. No refunds or disputes after the original contract has been initiated.
Annual Digital Marketing Retainer packages are automatically renewed with all entitles and software as a service company until a sixty-day notice is
given in writing, any early termination of this agreement may result in attorneys and or collections fees or termination of services; the client is responsible for commitments to third parties if an unforeseen circumstance to cancel arises within the annual agreement time frame and a different package option is not available. The client acknowledges that the client has read all the terms and conditions of this agreement and has been given a copy of all marketing and advertising services and rates on both front and back pages, and has a full and complete understanding of the same. Everyone who signs this agreement hereby represents and warrants to all other parties signing this agreement that the entity for whom the person signs this agreement has duly authorized the execution of the agreement, and that the signer of the agreement is truly authorized to execute this agreement in his or her individual or representative capacity, as indicated.
Software Subscription TERMS OF SERVICE 12-month Agreements: This Agreement shall remain in effect until the complete fulfillment of all your obligations under this Agreement for the indicated term. After the initial term, this Agreement shall automatically renew for twelve months until a sixty-day notification to terminate in writing via email is received to the 360 Marketing & Advertising office. The client understands that SAAS will include their business being set up and billed by third parties for various technology services such as Google, Facebook, SEMrush, GoDaddy, YouTube, other additional platforms, and other large technology providers on behalf of their business. 360 Marketing & Advertising is hired to create and manage services on the client’s behalf, with agreements and payments provided by clients’ businesses for any software as a third-party service. Clients’ business is solely liable for these third-party payment services and agreements to these third parties for their business. 360 reserves terminate this agreement with proper notice or update pricing terms, services, and third-party vendors for similar services.
360 Marketing & Advertising LLC is not liable for any billing of services from third-party SAAS services, third-party media buying services, account setups, billing, client’s business, or any initiated by authorized employees-initiated services. The client agrees to carry business errors and omissions insurance policy, cybersecurity insurance coverage, and general liability. One-Time Build or Set Up Fees, Additional Add-on costs: Please refer to our one-time costs for website development, commercial photography, videography, or Google platform set-up fees billed when we initiate the project. These are billed separately at the time of service for the one-time development of the project. Individual Marketing Services: Most marketing services are for a twelve-month agreement unless the client/business is a seasonal or event business in which the allotted varied time frame will be noted on the agreement and can extend for 12 months over two seasons. Add-on marketing services or single items are frequently needed. Pricing is provided in our media packets given at your initial appointment, within the office, and available in your client portal.
360 Marketing & Advertising LLC is not liable for any third-party billing of and for third-party SAAS services, setups, billing, or clients and or clients’ authorized employees-initiated services.360 Marketing & Advertising will use analytics, lead generation, call tracking, social insights, and any other data collected as an industry case study and featured with our portfolio work. Link Building and SEO Backlinks: Backlinks are an essential part of a website build and SEO Strategy. The client agrees to terms and conditions allowing backlinks to articles, and images, for third-party affiliates, as well as showcasing work provided by 360 in our portfolio for 360 Marketing & Advertising LLC and MY LOCAL UTAH.
MERGER & ACQUISITIONS TOS: Survival on Merger or Acquisition. In the event the client’s company is acquired during the term, or is the non-surviving party in a merger, or sells all or substantially all its assets, this agreement shall not automatically be terminated, and the Company agrees to use its best efforts to ensure that the transferee or surviving company shall assume and be bound by the provisions, terms, confidentiality, and pricing of this agreement.
Right to Refuse Service: 360 reserves the right to refuse service to any business, individual, or industry. We reserve the right to terminate services immediately for nonpayment, dishonest business practices, anyone intending to defraud the public, disruptive unreasonable business owners or employees, or with any current or prior criminal history.
Copyright:. Reuse is prohibited. 360 copyrighted assets, data, material, design, website design, source code, digital media, commercial photography, videography, and creative assets are strictly prohibited, all creative assets are copyrighted, and ownership is maintained by 360 Marketing & Advertising. The client has constructive knowledge of these terms and agrees to all terms and conditions, pricing, and auto-renewal time length by placing this order.
The client may request in writing permission to personally use assets created after contract term completion or full-term renewal completion, reviewed in a case-by-case scenario with upper management. Transferring any 360 assets to another competitive website development, videography, technology, media, communications, marketing, or advertising is strictly prohibited and considered copyright infringement. 360 remains and owns all copyright. 360 Marketing & Advertising does prohibit transfer and will not transfer our company proprietary information, intellectual property, or copyrighted design to a third party or competitor of our company or industry content creation, software, video, photography, and source code for website development. Data and or all creative assets created will not transfer. SEO, social media, PPC, Google Ads, and digital marketing retainer plans carry annual contracts and are automatically renewed due to third-party technology services and creative ad placements with Google, Facebook, Instagram, Bing, Yahoo, Amazon, Pandora, digital SEO listing services, broadcast, and other advertising/media entitles your ads will be placed on at this time. The client has constructive knowledge and understands there are creation costs and paid media spend costs.
Client agrees to Indemnification and Hold Harmless Terms and Conditions: Active current clients, former clients, subscribers, vendors, current and former employees, distributors, and contractors shall indemnify and hold harmless the “Company” and affiliated companies, and companies’ respective employees, members, agents, family members, and affiliates against any and all claims, liability, loss, damage, or expense including attorney’s fees and other costs of investigating and litigating claims caused, directly or indirectly; whether by error, staffing errors, knowledge or otherwise including if the client or client’s employees, contracted employees or vendors breach any of the terms of this agreement, representations, or warranties the client has made in his or her Agreement.
360 Marketing & Advertising LLC is not liable for any billing or billing errors with third-party SaaS services, setups, billing, or clients and or authorized employees-initiated services during training of employees or clients directly or indirectly. The client is provided all terms of service before the signing of agreements, during the length of agreements, and at the renewal time frame, available in the client portal and drives to access anytime and in-person appointments to review. Client agrees to a Statement of Release of Liability: This Release of Liability is an agreement between the client and 360 Marketing & Advertising LLC in which the client agrees to a release of liability and gives up the right to hold 360 Marketing & Advertising LLC responsible for any current or future injuries, losses, and damages. The undersigned client, business owner, board member, and/or employees hereby assumes all risk of injury or harm because of the services provided, either by an individual, employee, or third-party affiliate, partner, or colleague of 360. The client hereby acknowledges and releases and forever discharges, including agents, employees, successors and assigns, their respective heirs, personal representatives, and all persons, firms, or corporations who might be claimed to be liable, whether herein named, from all claims. It is agreed to release, indemnify, hold harmless, defend, and forever discharge the release from all liability, claims, demands, damages, costs, expenses, and causes of action. This includes forever maintaining the confidentially, and no solicitation terms of this agreement. Survival of Grant of Rights and Indemnifications. All rights granted hereunder shall survive termination of the Agreement for any reason shall survive termination of this agreement any reason 360 Marketing & Advertising LLC, its affiliates, members, partners, and associated DBA.
Confidentiality Terms and Conditions. Our company takes our confidentiality very seriously; with our employees, vendors, and clients. Our company’s intellectual property, proprietary information, processes, pricing, terms, and all conditions of this agreement shall remain confidential; we prohibit any disclosure of our company pricing and procedures, any disclosure to your industry or our industry competitors, or publicly disparaging our company or its employees on any platform of our company prices, processes, terms, and conditions may result in punitive damages. Marketing retainer packages, operations, all creative works, and communication: This agreement, all operations, creative works, media package pricing, terms and conditions, and all communication is intended only for the individual or business entity directed. Dissemination, distribution, sharing terms and conditions, and disparaging the company or its officers or employees is prohibited and may be cause for liable damages, including the copying of this communication by anyone other than the intended recipient or a duly designated employee or agent of such recipient, is prohibited. This agreement and all 360 marketing information contain propriety information that is privileged, confidential, and intellectual property of 360 Marketing & Advertising LLC, its affiliates, employees, members, partners, and associated DBA. Survival of Grant of Rights and Indemnifications. All rights granted hereunder shall survive termination of the Agreement for any reason shall survive termination of this agreement for any reason.
360 Licenses: Upon fulfillment of this agreement and or renewal term length when this agreement is terminated, all licenses for the use of 360 Marketing & Advertising creative assets, images, videos, commercial photography, design, source code, and website code terminate and cannot be reused in commerce. Our software licenses for various software systems, including photos, source code, domains, videos, and graphic design, terminate when clients no longer utilize our marketing services. Therefore, our work cannot be reused when the license has ended, including digital, online, print, or website. All license agreements end when services are canceled. Reuse is prohibited.
All license agreements terminate when services are canceled, and the reuse of any creative asset, source code, or work by 360 is prohibited. Off-boarding is performed after notice and payment terms are fulfilled.
Please understand that any cancellation or change of services requires a written sixty-day (60-Day) notice. After four days, there are No cancelations, no refunds, no cash refunds, or disputes of recurring monthly installment payments after the original contract has been initiated and the four-day cancellation term has lapsed. Transferring any 360 assets to another competitive website development, videography, technology, media, communications, marketing, or advertising is strictly prohibited and considered copyright infringement. In our sole discretion, we may change these Terms per the terms and conditions. All license agreements end when services are canceled. Cancellation of services requires a written sixty-day notice before contract expiration or renewal month expiration. In using this website and submitting a contact form, calling, meeting and or requesting information, or scheduling an appointment, you are deemed to have read and agreed to the following terms and conditions, Privacy Statement and Disclaimer Notice, TCPA policies, and any or all company agreements valid for 360 Marketing & Advertising LLC, d/b/a 360 Elevated its affiliates, partners, employees, vendors, members, partners, and associated DBA. 360 Office is available Monday through Friday, 8 am to 8 pm (801)-543-0250.
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