Terms and Conditions

This page states the 369funds.com Terms and Conditions (the “General Terms” or the “Agreement”) under which any user (“User”) may use the 369funds.com web site located at https://www.369funds.com. Please read this page carefully. By accessing and using the Website, User accepts and agrees to be bound, without modification, limitation, or qualification, by these General Terms. If User does not accept any of the General Terms stated here, User shall not use the Website. The right to access and use the website is not transferable to any person or entity. 369funds.com may, at its sole discretion, modify or revise these General Terms at any time by updating this posting. Users are bound by any such modification or revision and should therefore visit the Terms & Conditions page (https://369funds.com/terms-of-use) periodically to review the General Terms.

YOUR USE OF THE WEBSITE CONSTITUTES YOUR AGREEMENT TO ALL TERMS, CONDITIONS, AND NOTICES CONTAINED HEREIN OR OTHERWISE POSTED ON THE WEBSITE.

General Terms

SECTION 1. CHANGES

369funds.com reserves the right at any time and from time to time, to modify or discontinue, temporarily or permanently, the Website and any and all features and sections contained therein, and may, in its sole discretion, provide notice to Users provided via posting to the Website or email, and immediately without notice in the event of technical difficulties. 369funds.com shall not be liable to any User or to any third party for any such modification, suspension, or discontinuance.

SECTION 2. IP RIGHTS AND OWNERSHIP

The contents of the Website, such as text, graphics, images, audio, video, and other material, as well as the underlying html source code of the Website (“Material”) are protected by copyright and/or trademark under both United States and foreign laws and are owned or controlled by 369funds.com or by third parties that have licensed their Material to 369funds.com. Unauthorized use of the Material may violate copyright, trademark, and other laws. User shall retain all copyright and other proprietary notices contained in the original Material on any copy User makes of the Material. User shall not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the Material, in whole or in part or reproduce, display, publicly perform, distribute, or otherwise use the Material in any way for any public or commercial purpose. User shall download 369funds.com’s copyrighted material for User’s personal use only. Except as otherwise expressly permitted under copyright law, no copying, redistribution, retransmission, publication, or commercial exploitation of the Material shall be permitted without the express permission of 369funds.com and the copyright owner. In the event of any permitted copying, redistribution, or publication of the Material, no changes in or deletion of author attribution, trademark legend, or copyright notice shall be made. User acknowledges that User does not acquire any ownership rights by downloading the Material. The trademarks, logos, and service marks (the “Marks”) displayed on the Website are owned by 369funds.com or third parties. User is prohibited from using those Marks without the express, written permission of 369funds.com or such third party. If User would like information about obtaining 369funds.com’s permission to use the Material, e-mail Info@369funds.com.

369funds.com and all related logos, whether or not registered, are trademarks belonging to 369funds.com, its parents, subsidiaries, or affiliates. All rights are reserved. All other trademarks appearing on the Website are the property of their respective owners. 369funds.com encourages Users to notify us of any suspected copyright, trademark or other intellectual property violations taking place on or through the Website.

SECTION 3. LINKS

369funds.com may provide links to third-party websites. These links are provided solely as a convenience to User and not as an endorsement of the contents on such third-party websites. 369funds.com is not responsible for the content of linked third-party websites. 369funds.com exercises no control whatsoever over such other websites and web-based resources, does not make any representations regarding the content or accuracy of materials on such third-party websites and is not responsible or liable for the availability thereof or the content, advertising, products, or other materials contained thereon. 369funds.com shall not be responsible or liable, directly, or indirectly, for any damage or loss incurred or suffered by any user in connection therewith. Users acknowledge they shall read all terms and conditions and policies of these third-party and use these third-party websites at their sole risk.

SECTION 4. REPRESENTATIONS AND WARRANTIES; LIABILITY DISCLAIMERS

User represents, warrants, and covenants that (a) they shall use the Website for lawful purposes only (b) no materials of any kind submitted through their account which (i) violate or infringe in any way upon the rights of others, (ii) are unlawful, threatening, abusive, defamatory, vulgar, obscene, or profane in the sole discretion of 369funds.com, (iii) encourage conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law, or (iv) contains any advertising or solicitation with respect to products or services (without the express prior written approval of 369funds.com). The Material may contain inaccuracies or typographical errors. 369funds.com makes no representations, warranties, or endorsements with regard to the accuracy, reliability, completeness, or timeliness of the Material or about the results to be obtained from using the Website and the Material. Advice received via this Website should not be relied upon for personal, legal, medical, or financial decisions and User should consult an appropriate professional for specific advice tailored to their situation.

USER EXPRESSLY AGREES THAT USE OF THE WEBSITE IS AT USER’S SOLE RISK. NEITHER 369FUNDS.COM, ITS PARENTS, SUBSIDIARIES, OR AFFILIATES NOR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS, OR LICENSORS WARRANT THAT THE WEBSITE WILL RUN UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE WEBSITE. THE WEBSITE IS PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS OR ANY FORM OF MALICIOUS CODE, COMMUNICATION LINE FAILURE, THEFT, OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. USER SPECIFICALLY ACKNOWLEDGES THAT NEITHER 369FUNDS.COM, ITS PARENTS, SUBSIDIARIES, OR AFFILIATES NOR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS, OR LICENSORS IS LIABLE FOR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH USER.

SECTION 5. DISCLAIMERS OF CERTAIN DAMAGES

IN NO EVENT SHALL 369FUNDS.COM, ITS PARENTS, SUBSIDIARIES, OR AFFILIATES NOR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA, OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE WEBSITE, THE DELAY OR INABILITY TO USE THE WEBSITE, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS OBTAINED THROUGH THE WEBSITE, OR OTHERWISE ARISING OUT OF THE USE OF THIS WEB SITE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, EVEN IF 369FUNDS.COM, ITS PARENTS, SUBSIDIARIES, OR AFFILIATES OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO USER. IF USER IS DISSATISFIED WITH ANY PORTION OF THE WEBSITE, OR WITH ANY OF THESE TERMS OF USE, USER’S SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE WEBSITE. UNDER NO CIRCUMSTANCES SHALL 369FUNDS.COM, ITS PARENTS, SUBSIDIARIES, OR AFFILIATES NOR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR SUPPLIERS BE LIABLE TO ANY USER ON ACCOUNT OF THAT USER’S USE OF THE WEBSITE. SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF ANY AND ALL DAMAGES INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL AND EXEMPLARY DAMAGES ARISING FROM ANY USE OF THE WEBSITE, INCLUDING ANY DAMAGES THAT MAY BE INCURRED BY THIRD PARTIES.

SECTION 6. INDEMNITY

User agrees to and shall defend, indemnify, and hold harmless 369funds.com, its parents, subsidiaries, and affiliates, and their respective officers, directors, employees, and agents from and against any claims, actions, or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from any use of the Website and any Material contained therein by User or through User’s account, or by User’s breach of the terms of this Agreement. 369funds.com shall provide notice to User promptly of any such claim, suit, or proceeding and shall assist User, at User’s expense, in defending any such claim, suit, or proceeding. 369funds.com reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by User.

SECTION 7. USER INFORMATION

369funds.com is committed to maintaining User privacy. 369funds.com does, however, gather certain information that User provides to the Website. 369funds.com believes that by collecting this information 369funds.com is able to provide Users with a personalized web experience, and to assist its own sales team and advertisers in efficiently reaching an appropriate audience. The information 369funds.com requests is the minimum we believe necessary to achieve this goal. 369funds.com may use the information it obtains relating to User, including User IP address, name, mailing address, email address and use of the Website, for its internal business and marketing purposes and may disclose the information to authorized third parties for such purposes. For further details on 369funds.com policies for using User information please read our Privacy Policy (https://www.369funds.com/privacy-policy).

SECTION 8. GENERAL

All legal issues arising from or related to the use of the Website shall be construed in accordance with and determined by the laws of the State of Texas applicable to contracts entered into and performed within the State of Texas, without respect to its conflict of laws principles. For any dispute under this Agreement or arising from or related to the use of the Website, User and 369funds.com agree to attempt to resolve the dispute informally. If 369funds.com and User cannot resolve the dispute informally, the parties agree to resolve such claim, dispute, or controversy (excluding any claims for injunctive or other equitable relief) by binding arbitration through the American Arbitration Association (“AAA”) under the Commercial Arbitration Rules then in effect for the AAA. Each party will be responsible for paying any AAA filing, administrative, and arbitrator fees in accordance with AAA rules. The award rendered by the arbitrator may include costs of arbitration, reasonable attorneys’ fees, and reasonable costs for expert and other witnesses. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. By using the Website, User agrees that the exclusive forum for any claim or cause of action under this Agreement or arising from or related to the use of the Website shall be either arbitration or state court for or within Harris County in the State of Texas or, in the event the matter is within the jurisdiction of the federal courts, the United States District Court for the Southern District of Texas. User hereby irrevocably waives, to the fullest extent permitted by law, any objection which User may now or hereafter have to the laying of the venue of any such proceeding brought in such arbitration or court and any claim that any such proceeding brought in such arbitration or court has been brought in an inconvenient forum. If any provision of this Agreement is found to be invalid by any arbitrator or court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect. No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term. This Agreement constitutes the entire Agreement between User and 369funds.com with respect to the use of the Website. 369funds.com may, at its sole discretion, modify or revise these General Terms at any time by updating this posting. The section headings used herein are for convenience only and shall not be given any legal import.

Specific Terms

This page states the 369funds.com Specific Terms and Conditions (the “Specific Terms”) under which any User may use the 369funds.com website located at https://369funds.com (the “Website”). Please read this page carefully. By accessing and using the Website, User accepts and agrees to be bound, without modification, limitation, or qualification, by both the General Terms for use of the Website, and these additional Specific Terms. If User does not accept any of the Specific Terms stated here, he/she shall not use the Website. The right to access and use the Website is not transferable to any person or entity. 369funds.com may, at its sole discretion, modify or revise these Specific Terms at any time by updating this posting. Users shall be bound by any such modification or revision and should therefore visit the Terms & Conditions page (https://www.369funds.com/terms-of-use) periodically to review the Specific Terms. Each User is responsible for all use of his/her information and is responsible for maintaining the confidentiality of his/her password. These Specific Terms incorporate the General Terms of the Website by reference. Each User hereby understands that he/she is bound by all General and Specific Terms which may be implemented by 369funds.com from time to time. YOUR USE OF THE WEBSITE CONSTITUTES YOUR AGREEMENT TO ALL TERMS, CONDITIONS, AND NOTICES CONTAINED HEREIN OR OTHERWISE POSTED ON THE WEBSITE.

SECTION 1. COMMUNICATION

369funds.com reserves the right to send User’s electronic mail for the purpose of informing Users of changes or additions to the Website, this Agreement, and any other service provided by 369funds.com.

SECTION 2. REFERRALS

The content displayed and created by 369funds.com for their particular website (collectively, the “Services”) provided through the Website may also be located on third-party websites or applications, via a link, click-through advertising, or otherwise. Nothing contained in any of these Services is an offer or promise by 369funds.com to sell a specific product for a specific price or that any advertiser will sell any product or service for any purpose or price or on any specific terms. In addition, 369funds.com does not make any representation or warranty with respect to such third-party Services, and is not responsible for their accuracy, sufficiency, veracity, completeness, or timeliness. You are responsible for confirming the sufficiency and reliability of any third-party Services, and you hereby release 369funds.com from any and all claims, demands, liability and damages (actual or consequential) of every kind and nature, known and unknown, suspected, or unsuspected, disclosed or undisclosed, arising out of or in any way connected with your use of such Services.

SECTION 3. LIMITED LICENSE

Some Users may also be Clients of 369funds.com (“Clients”). Clients are granted a terminable, revocable, non-exclusive, non-transferable limited license (“License”) to download videos located on the Website (“Videos”) for use in the Client’s virtual marketing campaigns (websites, social media, etc.). The License is subject to the following restrictions: a) Clients shall post any Video only in its entirety, including the logos at the end of the video; b) Clients Member shall not edit any Video in any manner whatsoever; c) Clients shall not take any portion of any Video and use for producing its own video or d) Clients shall not modify, translate, create derivative works of, remove or alter any proprietary notices or labels from, lease, sell, sublicense, clone, transfer, decompile, reverse engineer, or incorporate into any information retrieval system (electronic or mechanical), the Videos. 369funds.com, in its sole discretion, may revoke this License for any Client at any time.