For your convenience, Office hours are Monday through Friday, 9: 00 am to 7: 30 pm Call: 801-543-0250or schedule online meetings athttps: //www.360elevated.com/contact-us/. For Billing: [email protected]
General Terms of Use and Privacy Policy
Welcome to the Internet sites (“Sites”), applications, and services provided by 360 Marketing & Advertising LLC (collectively, 360). These Terms of Use govern your access and use of the Services provided by 360 and any of its subsidiaries, affiliates, brands, and entities. Please read these Terms carefully before accessing or using the Services. By joining our website or platforms, each time you access and use our services, you signify that you have read and understand, and agree to be bound by, these terms.
●Acceptance through use: By using our sites as an applicant, consumer, business, nonprofit, or government organization employee, vendor, or freelancer, you acknowledge and accept all terms of use, terms and conditions, and terms of service.
●We respect your privacy and do not sell your information. Your personal information is not for sale; it may be used across advertising and marketing platforms or networks of partners and affiliates at our discretion.
●Governing Law: This agreement shall be governed by the laws of the State of Utah, specifically the laws of Davis County, Utah. Any disputes relating to this agreement shall be resolved in accordance with the terms of this agreement, as outlined below, and the venue for such resolution shall be in Davis County, State of Utah.
●Force Majeure (Including Digital Platforms): 360 shall not be liable for delays or failures caused by events beyond its reasonable control. Including but not limited to natural disasters, government actions, labor disruptions, internet and technical failures, third-party providers, cyber incidents, changes to third-party platforms, domain registrars, and merchant processors. account disconnection disruptions, AI, algorithms, or advertising platform listings, pages, and business systems.
●Cancellation policy: Our initial cancellation period is five (5) business days.Thank you for understanding that if the client wishes to cancel this agreement, they may do so within five (5) business days of signing. Upon signing and accepting this agreement, all services, including third-party software-as-a-service agreements, are initiated and billed accordingly for the contract term. Outside of the initial cancellation period, there are no refunds or cancellations, except as required by applicable law. All sales are final.
Onboarding: An extensive meeting. In our onboarding information packet, we establish storage drives and communication channels to foster transparency. During onboarding, we connect 360 to your platforms through third-party softwares and systems, and we send invites for you to approve our access. If third-party platforms or domains, including secondary domains, do not exist, we will purchase or build them as planned. Each platform names user access differently, aka: delegate access, admin access, super admin access, owner access, or manager access. We provide the same at offboarding when our client’s term and payment are made in full.
● General Scope of services: The scope of services to be provided by 360 to the client is specifically listed in the attachments or accepted scope of services accompanying this agreement. Services shall be defined in a separate Scope of Work, Proposal, or bid and incorporated into this Agreement. With appropriate written notification, the scope of services may be added to or updated. However, no change in the scope of services will terminate this agreement before the end of the contract term, specified above. Clients can choose from hourly, month-to-month, project-based, fractional team hours, creative & managed retainer hours, or management-fee-based services.
●Third-party Services (SaaS): The client acknowledges and agrees to comply with all applicable third-party service provider requirements, verifications, and regulations as applicable by law. 360 is not responsible for third-party service providers.
●Interference with a business contractual relationship: Interference with a business contractual relationship that results in the cancellation of the contract constitutes a breach of contractual obligations. Such interference may constitute tortious acts that result in losses and damages to 360.
●Client Insurance Requirements, Clients shall maintain at their expense: General Liability, Professional Liability (E&O), Cyber Liability, for 1,000,000.00 minimum each, or commercially reasonable equivalent, and policies shall: Name 360 as an additional Insured, as the primary and non-contributory to any insurance maintained by 360. Clients’ COI must include a subrogation waiver in favor of 360.Survival of Insurance Obligations: Client’s insurance obligations shall remain in effect through the duration of the agreement and for any applicable statute of limitations period following termination. Clients understand they are responsible for maintaining and providing the COI to 360. Third parties, e.g., Google, require this to maintain active accounts for various services. Survival, the client obligations set forth in this agreement shall survive termination, expiration, or completion of this Agreement and shall remain binding on Client and its successors and assigns.
●Client Infrastructure: Client retains full responsibility and agrees that 360 does not own or control the client’s business infrastructure, operations, or third-party vendors, including domain, third-party platforms, data, security, environments, business systems, merchant processors, credentials, and operational continuity of its business systems. 360 shall not be liable for any loss, interruption, or damage arising from client-controlled infrastructure or third-party platforms, softwares, or systems.
●No Fiduciary Duty: 360 Marketing & Advertising LLC acts solely as an independent marketing services contractor. Nothing in this agreement creates any fiduciary relationship. Client retains sole and full responsibility for all business operations, decisions, systems, financial management, personnel, infrastructure, third-party platforms, and systems. and operational control.
● Client Portal: The client has constructive knowledge of our terms of service, proposed and accepted scope of work, pricing, and third-party billing terms. 360 is not liable for any billing of or for third-party SaaS management services, setups, billing, or client- and authorized employee-initiated services during the training of employees or clients, directly or indirectly. The client is provided with all rates, pricing options, and terms of service before signing agreements, during service, and for renewal appointments. For transparency, this information is available in your client portal, drives, or channels, and it can be accessed at any time for your review. 360 also offers scheduled in-person appointments during business hours to review.
●No Guarantees: 360 makes no guarantees on third party platforms, networks, services, Algorithms, Search engine rankings, AI return on investment, lead generation, search rankings, or revenue outcomes, which are controlled by third-parties such as Google, Meta, All services are best-efforts, as 360 is providing recurring creative and managed professional services, which are not outcome-based.
●Client non-disclosure and confidentiality obligations to 360: We take pride in offering our services at an exceptional value, while employing local professionals. To remain competitive in this industry, our company takes the intellectual property and confidentiality of our current and former clients, freelancers, employees, and vendors very seriously. Our company’s intellectual property, proprietary information, processes, pricing, terms, and all conditions of this agreement shall remain confidential. 360 prohibits any disclosure of our company’s pricing, photography, videography, assets, creative works, policies, practices, procedures. In a court of law, this information shall be redacted. This confidentiality obligation provision will continue in effect after the termination of this agreement.
●Client agrees to a non-solicitation, non-circumvention, and non-interference, including perpetual confidentiality and non-solicitation terms of this agreement. Client shall not directly or indirectly engage, solicit, contract with, or otherwise utilize any employee, contractor, vendor, or freelance service provider introduced or managed by 360.
●Third-party service providers and software as a service terms and conditions: the client has constructive knowledge and understands the scope of third-party software as a service, management services packages, the commitments to length and 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, espn, and software companies). In the event of a third-party platform payment dispute, the third-party can immediately terminate access to all services, accounts, and assets, deactivating your business accounts for nonpayment. The client is solely responsible for third-party service providers, listings, listing verifications, and third-party terms of service.
●Client is solely responsible for compliance with: TCPA Compliance, FTC advertising laws, Medical advertising regulations, State and federal marketing laws. Client agrees to indemnify and defend 360 against any claims arising from alleged violations of HIPAA, TCPA, or similar state and federal regulations and laws related to the Client’s business operations and services.
●Public information: if you identify any user information as public, you authorize us to share such information publicly.Information you choose to submit: As a consumer, current or prospective business client, freelancer, contractor, employee, or vendor, you can visit our online sites and pages to view our integrated services. If, however, you wish to receive additional information about our goods and services, you must provide specific details (e.g., your name, phone number, place of business, and email address). You agree to our terms, conditions, and TCPA policy, which allows us to contact you as permitted by law.
●Views expressed: views, thoughts, and opinions expressed in the text belong solely to the author and not necessarily to the author’s employer, organization, committee, or other group, individual, brand, or partnership. Use at your own risk: none of the employees, directors, authors, contributors, administrators, or anyone else connected with my local Utah, 360 Marketing & Advertising, 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.
●We respect your privacy and do not sell your information. Your personal information is not for sale; it may be used across advertising and marketing platforms or networks of partners and affiliates at our discretion.
●Fair use content disclaimer & notice: this site may contain copyrighted material that the copyright owner has not explicitly authorized.” 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. Proper to opt-out: regarding how we use your personal information, we comply with the requirements of the Utah Consumer Privacy Act, codified at § 13-61-101 et seq. You have the right to opt out of us selling your personal information to third parties at any time. You may submit a request to opt out by clicking “Do Not Sell My Personal Information” on the relevant 360 web pages. You may also submit a request to opt out by emailing us.
●Cookie Policy: We respect your privacy and do not sell your information. We utilize tracking technologies, including cookies, local storage, and pixel tags, to collect information about traffic to our services and how users interact with them. The information gathered does not identify any individual visitor; it is aggregated and, therefore, anonymous. Types of cookies include the following: cookies and local storage, analytics and performance cookies, essential cookies, social media cookies, pixel tags, app technologies, location-identifying technologies, and any other marketing data technologies associated with our services. The client agrees to comply with all relevant privacy laws and include app users outside of the United States. 360 Products and Services are hosted in the United States and are governed by U.S. law. If you are using the Products or Services from outside the United States, please be aware that any PII you share with us will be stored and processed in the United States, where we locate and operate our servers and databases. By using the Products and Services, you consent to the storage and processing of your PII at our facilities and the facilities of those third parties with whom we share your PII as described in this Notice. Appropriate and required privacy notifications on its website(s) and other relevant platforms.
●User-submitted content. Our sites may contain message boards, chat rooms, personal profiles, forums, bulletin boards, ads that include functionalities to send messages authored by you and to receive messages written by other users, and other interactive features (collectively, “interactive services”) that allow users to post, submit, publish, display, or transmit to other users or other persons (hereinafter, “post” or “posted”) content or materials (collectively, “user content”) on or through our sites or social pages.
●Limitation of Liability: To the extent permitted under applicable law, in no event will 360 or our officers, employees, managers, directors, affiliates, agents, subcontractors or licensors be liable under any theory of liability (whether in contract, tort, statutory, or otherwise) for any unforeseeable, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of revenues, profits, business, business interruption, business opportunity goodwill, use, data or other intangible losses (even if such parties were advised of, knew of or should have known of the possibility of such damages), resulting from clients (or anyone using your account’s) use of the Services. We will not be liable for damages that you could have avoided by following standard business operations, procedures, recommendations, third-party policies, verifications, software updates, or application updates. 360 will not be liable or responsible for any clients failure to perform, business operations, infrastructure, or any delay in the performance of, any of our obligations under these Terms that is caused by any event or circumstances beyond our reasonable control, unless otherwise by applicable law, in no event shall our liability to you exceed the amount of fees you paid us for a period of three months before the date you submit a claim. 360’s total aggregate liability shall not exceed the total fees paid by Client in the three (3) months preceding the claim.
●Right to refuse service: 360 and our affiliates reserve the right to refuse service to any business, individual, or industry. 360 reserves the right to terminate services immediately for inability to verify business, nonpayment, returned payments, dishonest business practices, or anyone intending to defraud the public, including those with disruptive or unreasonable practices. ●360 shall not be liable for any refunds, damages, loss●Third-Party digital business listings: 360 is not responsible for third-party listings. The client understands and acknowledges that various third-party digital listings, such as Google My Business, Yelp, Nextdoor, and Google Maps, can be established and content published by third parties and consumers, typically reviews. However, consumers can adjust maps and update location information. The client is responsible and accountable for business listing verifications and acknowledges that, globally, consumers can “suggest updates” to these listings. 360 is not responsible for business verifications, consumer reviews, or consumer suggestions on listings, or for any third-party online digital listings or their respective processes. The client has constructive knowledge of third-party limitations, service requirements, and the 360 Terms of Service, including pricing, management, third-party billing terms, and third-party business verification requirements: https: //support.google.com/business/answer/7107242?hl=en.
Third-party digital listings: 360 is not responsible for verification or monitoring of third-party business listings, for any costs or losses due to the client’s inability, failure, or delay in obtaining required verifications from third-party service providers, including but not limited to Google Listings, Profile, Maps, Search, Yelp, Yext, Nextdoor, etc.https: //support.google.com/business/answer/7107242?hl=en. 360 Recommends monitoring your third-party listings for accuracy as the global general public can make edits, update these digital listings, which the business owner must verify. Below are helpful support links.
Free Google Business Listings: https: //support.google.com/business/?hl=en
Understand new owners & managers limitations: https: //support.google.com/business/answer/3415281?hl=en
Business Listing Verification: https: //support.google.com/business/answer/7107242?hl=en
●Link Building and SEO backlinks: Backlinks are essential to a website’s build and SEO strategy. The client agrees to the terms and conditions, allowing backlinks to articles and images for third-party affiliates and showcasing 360’s work in our portfolio for 360 and my local Utah clients.
●Online platforms and marketplaces, third-party sites, social media platforms, and products. Third parties may make available services through the market or otherwise. When you use third-party services, we may make your information and your customers’ information available to enhance the user experience and/or provide unique customizations tailored to you or your customers. We do not control third parties and are not liable for third-party services. When using third-party institutions, your security is your responsibility. We do not endorse, warrant, or guarantee the continued availability of, or support any third party. Any acquisition of the third-party products or services and any data exchange with an applicable third party is solely between you and the applicable third party.
●Intellectual property (IP) rights and industry copyright protocol: All services are provided under a limited license, if expressly agreed in writing with the accepted proposal, term length, and payments have been received in full. 360 licenses and copyrights all creative assets such as commercial photography, website design, content, blogs, designs, artwork, scripts, illustrations, source code, articles, periodicals, maintains ownership creative assets, website design, website source code, domains, coding, plugins, design, online and offline design, content, creative services, photography, videography, and audio-video production services. All of these products and creative assets remain copyrighted intellectual property owned by 360 Marketing & Advertising. It is rented to your business for the duration of the services. If services are terminated early or for nonpayment, the rented license terminates immediately. Sharing, repurposing, and reuse are prohibited. Any assets the client onboarded will transfer to the client upon the contract term ending, and obligations under this agreement will be paid in full for the term.
Transfer conditions upon full payment.
Modifications to the Services: We reserve the right to modify, suspend, or discontinue all or any aspect of the services with or without notice to you. Without limitation to the preceding sentence, we may periodically schedule system downtime for maintenance and other purposes. You also acknowledge that unplanned system outages may occur. The Internet site is provided over the Internet, and so the quality and availability of the site may be affected by factors outside our reasonable control. Accordingly, we cannot accept any responsibility for connectivity issues you may experience when using the Sites or for any loss of material, data, transactions, or other information caused by system outages, whether planned or unplanned. You agree that we shall not be liable to you or any third party if 360 Marketing & Advertising LLC exercises its right to modify, suspend, or discontinue the services.
Modifications To Terms: We may, in our sole and absolute discretion, change these Terms from time to time. We may notify you of any changes by any reasonable means, including by posting a revised version of these Terms through the Services or by emailing you at the address you provided upon registering for an account. Your continued use of the Services following notice of any such changes shall indicate your acknowledgment of such changes and agreement to be bound by the terms and conditions of such changes.
●DMCA: 360 Marketing & Advertising protects our intellectual property and copyrights of all assets, creative works, and source code through third-party DMCA.com and complies with copyright infringement takedown, also known as a DMCA takedown, provided by Digital Millennium Copyright Services Ltd (dmca.com). This compliance is achieved through the DMCA.com compliance takedown notice service program. Reusing any 360 assets by another competitive individual, firm, or agency in design, public relations, Website Design, videography, technology, media, communications, marketing, or advertising is strictly prohibited and constitutes copyright infringement. In our sole discretion, terms and conditions can be viewed online at any time—all license agreements with the client end when services are canceled.
●Third-party service providers and other third-party policies: 360 is not responsible for third-party services, requirements, updates, and business verifications.
es, or business interruption arising from claims or disputes due to client ownership, client control, or third-party platform access.
