Terms of Service and Privacy Policy

Terms Conditions and Privacy Notice

Updated and Effective as of June 1, 2018

We have prepared this privacy notice (“Terms and Conditions” “Privacy Notice,” “Notice,” “Privacy Policy,” or “Policy”) to explain to you how we collect, use, and share information and Personal Data (as defined under applicable law) we obtain through your use of the Internet sites, applications and online services (“Services”) that are operated by, controlled by or affiliated with My Local Utah and or 360 Marketing & Advertising LLC. This Privacy Notice only covers information collected through the Services and via direct communications between you and MY LOCAL FOUNDATION, My Local Utah and or 360 Marketing & Advertising LLC, and any of our former or current affiliated companies and does not cover any information collected at any other website, application or otherwise by us (unless specifically stated), including when you call us, write to us, or communicate with us in any manner other than through the Services. By using the Services, you consent to such collection, use, and sharing of your information and Personal Data and agree to the terms of this Privacy Notice.

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.

Cookies/Tracking Technologies

We use tracking technologies, such as cookies, local storage, and pixel tags.

Cookies and Local Storage

Cookies and local storage may be set and accessed on your computer. Upon your first visit to the Services, a cookie or local storage will be sent to your computer that uniquely identifies your browser. “Cookies” and local storage are small files containing a string of characters that is sent to your computer’s browser and stored on your device when you visit a website. Many major Web services use cookies to provide useful features for their users. Each Web site can send its own cookie to your browser. Most browsers are initially set up to accept cookies. You can reset your browser to refuse all cookies or to indicate when a cookie is being sent; however, if you reject cookies, you will not be able to sign in to the Services or take full advantage of our Services. Additionally, if you clear all cookies on your browser at any point after setting your browser to refuse all cookies or indicate when a cookie is being sent, you will have to again reset your browser to refuse all cookies or indicate when a cookie is being sent.

Read our Cookie Policy.

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.

Flash

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.

Pixel Tags

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.

Log Files

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.

Device Fingerprinting

Device fingerprinting is the process of analyzing and combining sets of information elements from your device’s browser, such as JavaScript objects and installed fonts, in order to create a “fingerprint” of your device and uniquely identify your device and apps.

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.

Location-Identifying Technologies

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.

For more information about the use of cookies and similar technology on our Site, please review Section 13 of this Privacy Notice and our Cookies and Tracking Technologies Policy. You can also find more information about cookies and how they work, what cookies have been set on your computer or mobile device, and how to manage and delete them here and here.

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:

1. Contact Data. We collect your first and last name, email address, postal address, phone number, and other similar contact data.
2. Credentials. We collect passwords, password hints, and other information for authentication and account access.
3. Demographic Data. We collect demographic information including your age, gender, and country.
4. 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.
5. Profile Data. We collect your username, interests, favorites, and other profile data.
6. 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.
7. 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.
8. 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.
9. 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.
10. 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.

Information Use

We use the information we collect, including Personal Data and Usage Data:

1. 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;
2. to provide related customer service and care, including responding to your questions, complaints, or comments and sending surveys and processing survey responses;
3. to provide you with information, products, or services that you have requested;
4. to offer SMS text message mobile alerts for specific purposes;
5. 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;
6. to receive and process job applications for jobs with us;
7. 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;
8. to tailor content, recommendations, and advertisements we and third parties display to you, both on the Services and elsewhere online;
9. for internal business purposes, such as to improve our Services and content;
10. 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.;
11. to contact you with administrative communications and, in our discretion, changes to our Privacy Notice, Terms of Use, or any of our other policies;
12. to comply with regulatory and legal obligations; and
13. for purposes as disclosed at the time you provide your information and as further described in this Privacy Notice.

Social Network and Platform Integration

The Services contain integration with social networks and other platforms in which information is shared between us and such platforms. For example, if you create or log into your account through a third-party social media site, we may have access to certain information from that site, such as your name, email address, account information, photo and friends lists, and other information in accordance with the authorization procedures determined by such social media site. If you visit our Services on a device through which you also interact with social networks or if you interact with us through a social media function such as a plug-in (for example, a Facebook “like” button) then you permit us to have ongoing access to, to use and to store information from your social network profile (such as your name, email address, your friend list, photo, age, gender, location, birthday, social networking ID, current city, and the people/sites you follow) in accordance with this Privacy Notice. If you don’t want a social network to collect the information about you as described above, or you don’t want a social network to share it with us, please review the privacy policy, privacy settings, and instructions of the applicable social network before you visit and use our Services.

Our Information Sharing Practice

Generally

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.

Service Providers

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.

Operational Providers

For your convenience, we may provide the opportunity to purchase certain goods, merchandise, and services through the Sites (including, without limitation, retail purchases, print, and digital magazine subscriptions, and special event tickets). Companies other than My Local Utah and or 360 Marketing & Advertising LLC, its parents, partners, affiliates, or subsidiaries may process these transactions. We call these companies that conduct our e-commerce operations, order, and contest fulfillment, and/or contract services “operational providers.” They are third parties that perform services on our behalf. If you choose to use these optional services, our operational providers will request your personal information to fulfill your order or request. The voluntary submission of your personal information to these operational providers, including your order or request, will be governed by the specific provider’s terms of use and privacy policies. To facilitate an order or request from you, we may share your personal information with the provider. The operational provider may also share your personal information and information about your purchases with us. We may store this information in our membership database. In most instances, we request that our operational providers adhere to the provisions in our Privacy Notice and that such providers only share visitors’ personal information with us, unless necessary to complete a visitor’s request or order. Operational providers are only permitted to use any personal information for the purpose of conducting the sale or fulfilling your requested service or order. However, you must read an operational provider’s privacy policy to determine the extent of use and disclosure of your personal information collected online. We are not responsible for the collection, use, and disclosure practices of operational providers, nor are we responsible or liable for their services.

Events

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

We may share your information with third parties for our own direct marketing purposes (for example, email blasts, special offers, discounts, etc.). If you have not opted out of us sharing your information with third parties for marketing purposes, we may also share your information (including Personal Data) with third parties for their own direct marketing purposes. Please note, messages delivered from a third party will subject you to the third party’s privacy policy. We may also match your email address with third parties and use such a match to deliver custom offers or emails to you on the Services and off the Services.

Third-Party Features

We may allow you to connect our Sites to a third-party service or offer our Sites through a third-party service (“Third Party Features”). If you use a Third Party Feature, both we and the applicable third party may have access to and use information associated with your use of the Third Party Feature, and you should carefully review the third party’s privacy policy and terms of use. Some examples of Third Party Features include the following:

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).

Anonymous Data

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.

Public Information

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:

1. Identifiers, including name, email address, phone number account name, IP address, and an ID or number assigned to your account.
2. Customer records, billing and shipping address, and credit or debit card information.
3. Demographics, such as your age or gender. This category includes data that may qualify as protected classifications under other California or federal laws.
4. Commercial information, including purchases and engagement with the Services.
5. Internet activity, including your interactions with our Service.
6. Audio or visual data, including pictures or videos you post on our Service.
7. Geolocation data, including location-enabled services such as WiFi and GPS.
8. Employment and education data, including information you provide when you apply for a job with us.
9. 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:

1. The categories of personal information we have collected about you;
2. The categories of sources from which the personal information was collected;
3. The categories of personal information about you we disclosed for a business purpose or sold;
4. The categories of third parties to whom the personal information was disclosed for a business purpose or sold;
5. The business or commercial purpose for collecting or selling personal information; and
6. 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 info@mylocalutah.com 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.

Authorized Agent

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

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 info@mylocalutah.com 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.

Generally

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.

Targeted Advertising

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.

Mobile 

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

 

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 or individual or partnership.

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 non-profit 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.

Prohibited

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.

Indemnification and Hold Harmless: All community partners, chamber members, clients, designers, employees, part-time, full-time, interns, probationary staff, all sales representatives, employee, support staff contractors, clients, and community partners shall indemnify, defend and hold harmless 360 Marketing & Advertising LLC and its affiliates including My Local Utah and its owners and members against all claims, actions, suits, proceedings, demands, liabilities, losses, damages, judgments, and costs, including without limitation, attorneys’ fees and costs, arising from or in connection with (a) any and all acts, errors or omissions of company, employee, or company representative, representative personnel or Customers; (b) the conduct of Representative’s business or the business of Representative Personnel; or (c) any and all breaches, errors, omissions or defaults of all Agreement by Employee, Contractor, Representative or Representative Personnel. hold harmless. In an effort to protect our company’s assets, creative work provided including free community work, intellectual property, the confidentiality and non-solicitation of clients, members, terms, and conditions including indemnification and hold harmless agreement terms and conditions are ongoing even after services have ended. A copy of these company policies is kept within our privacy policy, terms, and conditions, and in the client portal online or located in the company office location for review prior to accepting marketing services either paid services or free services provided in conjunction with community partnerships as well as employment terms.

Premium Business Memberships:

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

 

THESE TERMS OF SERVICE, TOGETHER WITH OUR PRIVACY POLICY, TERMS OF USE, ANY ADDITIONAL POLICIES AND FUTURE MODIFICATION, AND ANY APPLICABLE ORDER FORM (COLLECTIVELY, THE “AGREEMENT”) GOVERNS YOUR ACCESS, EVALUATION, OR YOUR ACQUISITION AND USE OF OUR SERVICES. PLEASE READ CAREFULLY.

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.

1. DEFINITIONS
   “Agreement” means applicable Order Form, Terms of Service, Privacy Policy, Terms of Use, any additional policies and future modification and all materials referred to herein.
   “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.
2. SERVICES AND OUR RESPONSIBILITY
   1. 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.
   2. 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
   3. 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.
   4. 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.
   5. 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.
3. YOUR USE OF SERVICES
   1. Acceptable Use. You will comply with our Terms of Use) and Privacy Policy.
   2. 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.
   3. 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.
   4. 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.
   5. 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.
      1. 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.
      2. 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.
      3. Your Agreement with Stripe. Our current payment processor is Stripe, Inc. (“Stripe”). Payment settlement is carried out by Stripe and any of its financial service providers under a separate Stripe Connected Account Agreement (https://stripe.com/en-us/connect-account/legal), Stripe Services Agreement, Stripe Privacy Policy, the applicable Financial Services Terms (https://stripe.com/en-us/legal) and other additional terms (collectively, the “Stripe Processor Terms”). 360 Marketing & Advertising LLC is not a party to the Processor Terms and is not liable to you in respect thereof. By using Stripe, you agree to be bound by the Stripe Processor Terms.
      4. 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.
4. FEES AND PAYMENT
   1. Fees
      1. 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.
      2. 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.
      3. 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.
   2. 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.
   3. 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.
   4. 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.
   5. 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.
   6. 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.
   7. 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.
5. TERM AND TERMINATION
   1. 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.
   2. 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.
   3. 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.
   4. 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.
   5. 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.
6. PROPRIETARY RIGHTS AND LICENSES
   1. 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.
   2. 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.
   3. 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.
   4. 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.
7. LEGAL TERMS
   1. 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.
   2. 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.
   3. 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.
   4. DISCLAIMER; LIMITATION OF LIABILITY.
      1. 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.
      2. 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.
      3. 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.
      4. THIRD PARTY PRODUCTS. WE DISCLAIM ALL LIABILITY WITH RESPECT TO THIRD PARTY PRODUCTS THAT YOU USE.
   5. 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.
   6. 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.
8. MISCELLANEOUS
   1. Amendment; Entire Agreement; Precedence. This Agreement, including all appendices and Order Form(s), along with our Privacy Policy and Terms of Use, is the final, complete, and exclusive agreement between us and you with respect to the subject matter hereof and supersedes all prior or contemporaneous communications and understandings. To the extent of any conflict or inconsistency in the documents constituting the Agreement, this Terms of Service shall control. We may update and change this Agreement at any time and such change will be posted here at: https://www.360elevated.com/privacy-policy/
   2.  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.
   3. 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.
   4. Currency. Unless expressed in the applicable Order Form, all references to money amounts are to the lawful currency of the United States Dollars (“USD”).
   5. 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.
   6. Interpretation. Where the word “including” or “includes” is used in this Agreement, it means “including (or includes) without limitation”.
   7. 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.
   8. 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
   9. 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 HAPPY PARTNER & CUSTOMER, BUT IF THERE’S AN ISSUE THAT NEEDS TO BE RESOLVED, THIS SECTION OUTLINES WHAT’S EXPECTED OF BOTH OF USWITH ALL THE ELEMENTS OF WORK, SOFTWARE, MARKETING TECHNOLOGIES, PROGRAMMING, DEVELOPING,

CODING, CONTENT CREATION, WITHIN OUR INDIVIDUAL SERVICES OR MULTI-MEDIA SERVICES Website Licensing Agreement, AND SUBSCRIPTION RETAINER PACKAGES. No refunds or disputes after original contract has initiated.  

  

Client may cancel within seven (7) days of signing and accepting this Agreement or with a 60 Day notice prior to renewal month.  After seven (7) days of signing and accepting this agreement, all services, including software as a service agreement are initiated and Client agrees to pay for all services rendered software(s) purchased, products, mailed products, or marketing technologies purchased on behalf of Client which can include third party vendors. A 60 Day Notice in writing is required to cancel prior to renewal month.

 Sixty-Day Notice is required to change any service or packages, upgrade or change services during your agreement.  Client portal access is available and email reminders are sent out prior to renewal dates as a reminder. Annual Digital Marketing Retainer Packages may be changed to other individual marketing services with written notice as to the services you are requesting to add, alter or change from the original agreement and must be approved by upper management prior to change.  No refunds or disputes after original contract has initiated.  

IF THE CONTRACT DEFAULTS IN ANY WAY, DISCOUNTS OR FREE SERVICES GIVEN UPFRONT WILL BE CHARGED BACK.

360 Marketing & Advertising LLC is not liable any billing of and for third party SAAS services, set ups, billing, or clients and or authorized employees-initiated services. 

At the time of signing this agreement, client acknowledges receiving the marketing guide media kit, onboarding process, and “what to expect package” as well as all current pricing featuring all individual pricing for services, creation, software, managing, and annual digital retainer package pricing.

 

Annual Digital Marketing Agency Subscription Retainer Packages allow our clients to set a monthly budget, minimum or maximum spend with an annual agreement. Includes management, content creation of multiple platforms and multiple campaigns. Contract terms “Annual” means no less than twelve months of services, billed on a monthly recurring basis. 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 of this agreement. If a financial concern arises, with a sixty-day notice we may downgrade your annual digital marketing package to one package lower in services. For example, Gold can go to Silver with a sixty-day notice. Reporting is included in all retainer packages. Set-up fee required for first 30 days of set up, integration, and implementation between all platforms. Copyright ownership for all website source code, coding, plugins, design, online and offline design, content, creative, photography, videography and production services remains copyrighted intellectual property owned by 360 Marketing & Advertising and is licensed to the client during the timeframe of services. All licenses end when services are terminated. Website Creation, design, or video production development will have a one-time build cost. Clients are responsible for third-party paid advertising services and budget on various platforms such as Google, Facebook, and Instagram. Client agrees to all terms and annual renewal agreements with outside vendors for these services 360 Marketing & Advertising is implementing on behalf of the Client.

No refunds or disputes after original contract has initiated.  

 

All digital marketing subscription retainer packages, and software as a service agreement (SAAS) have a term minimum of 12 months: Due to the complexity of some media technology services and upfront costs of work provided, the agreement term is for twelve consecutive months, renewing each year automatically unless a sixty-day written notice is given prior to renewal. Contract terms “Annual” means no less than twelve months of services, billed on a monthly recurring basis. Client understands there may be one-time creation costs, additional travel time, editing, and proofing costs associated with various media products. Advertiser/Client agrees that this agreement cannot be canceled prior to the twelve-month agreement. .If any discounts have been provided and any unforeseen circumstances arise, discounts may be charged back. All media creativities/creations are provided one (1) proof. If any additional proofs are required, Client agrees to pay additional fees and costs as charged by 360 Marketing & Advertising at the rate of $100 per proof, per ad. No refunds or disputes after original contract has initiated.  

 

Billing: All business accounts must provide an authorized credit card for recurring monthly billing for all 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 set up for each business owner. Refer to agency rate card for all individual and annual advertising package media services. If 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 by Client shall become immediately due and payable, this may be sent to collections for full 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 immediate cancelation, collections and attorney’s fees and damages may result.  All work by 360 including domain names, websites, source code, will remain property of 360 Marketing & Advertising until payment is made in full for the length of contract. With a

The person signing this agreement is an authorized user credit card being used to pay any amount and software as a service agreements 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, Client and the cardholder hereby specifically agree that any or all amounts due under the agreement, including software as a service, media buying services, services after renewal, future services provided will be billed against the credit card provided until the business client gives a written sixty-day notice has been provided via email or mail to 360 Marketing & Advertising LLC.

Third Party Billing: 360 Marketing & Advertising LLC is not liable for any billing of and for third party SAAS services, set ups, billing, or clients and or authorized employees-initiated services during training of employees or clients directly or indirectly. Client is provided all terms of service prior to signing of agreements, and during the length of agreements, and at renewal time frame, available in client portal and drives to access anytime to verify services their authorized representatives have placed for the business. 360 offers ongoing in-person appointments to review. No refunds or disputes after original contract has initiated, and seven day cancelation term has lapsed.

 

Recurring 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. Client is responsible for any third-party software as a service agreements and terms of service with all third-party companies.

 

SAAS Software as a Service, Website Licensing Agreement, Website Development, Hosting: Client understands that a work order must be submitted to have additional work completed on website or as technology issues arise. Links outside of Client’s website are outside of our developer teams’ control therefore we are not responsible for third-party links or software provided from Clients. We go to every effort to host and maintain websites. Website hosting and security include basic development time and basic graphic design time each month. Additional development hours are billed at $175 per hour per developer. E-Commerce is billed at a custom rate. 360 Marketing & Advertising LLC is not liable for any billing of and for third party SAAS services, set ups, billing, or clients and or authorized employees-initiated services during training of employees or clients directly or indirectly. Client is provided all terms of service prior to signing of agreements, and during the length of agreements, and at renewal time frame, available in client portal and drives to access anytime to verify services their authorized representatives have placed for the business. 360 offers ongoing in-person appointments to review. No refunds or disputes after original contract has initiated, and seven day cancelation term has lapsed.

Please see E-Commerce details. All source coding owned by 360 Marketing & Advertising. All source code, creative assets, infographics, plugins, custom software, is owned by 360 Marketing & Advertising and will not transfer to a third party or competitor of our company or industry.

 

Website Licensing Agreement, SAAS, Website Services: Website design and development including all custom source code, templates, plugins, custom software, servers, licenses for photography, or 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 Client during the time of services. License agreement ends when services are canceled. 360 Marketing & Advertising LLC is not liable for any billing of and for third party SAAS services, set ups, billing, or clients and or authorized employees-initiated services during training of employees or clients directly or indirectly. Client is provided all terms of service prior to signing of agreements, and during the length of agreements, and at renewal time frame, available in client portal and drives to access anytime to verify services their authorized representatives have placed for the business. 360 offers ongoing in-person appointments to review. No refunds or disputes after original contract has initiated, and seven day cancelation term has lapsed.

Domain Name Purchase and SAAS: If Client bought and owned the domain name prior our services, domain name will transfer back to Client with a sixty-day notice at the end of a full-filled terms of service. Domain names bought by 360 will remain property of 360 and will not transfer.

 

Individual Marketing Services and SAAS: Client understands there are separate pricing for individual marketing and technology services, software services with third parties, and they may choose to add on individual services that best fit their business and needs,

Client is aware of all pricing and services as provided in initial meetings 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. 360 Marketing & Advertising LLC is not liable for any billing of and for third party SAAS services, set ups, billing, or clients and or authorized employees-initiated services during training of employees or clients directly or indirectly. Client is provided all terms of service prior to signing of agreements, and during the length of agreements, and at renewal time frame, available in client portal and drives to access anytime to verify services their authorized representatives have placed for the business. 360 offers ongoing in-person appointments to review. No refunds or disputes after original contract has initiated, and seven day cancelation term has lapsed.

 

360 Marketing & Advertising LLC, Marketing Services & Management Fees: See Individual Marketing Services, SAAS, and Annual Advertising Retainer Subscription Packages for all digital advertising and marketing services and rates. Current rates, software, policies and procedures, terms of service, are available on your client portal login, client google drives, or by calling into the office and speaking with your digital account manager.

Software as a service, additional third-party rates will apply and will be billed accordingly for added for software’s, technologies, media buys, creative services, training services, updates, content, or creation and will be billed accordingly within our contracted vendor’s guidelines. Example: you may switch a direct mail ad for social media. Non-payment of all marketing services will result in immediate service interruption or account suspension or deletion, including various third party outside vendors. 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 administered.  If parties are unable to agree on a resolution, the process shall remain confidential, disclosure of any company information to third parties may result in damages.  360 Marketing & Advertising LLC is not liable for any billing of and for third party SAAS services, set ups, billing, or clients and or authorized employees-initiated services during training of employees or clients directly or indirectly. Client is provided all terms of service prior to signing of agreements, and during the length of agreements, and at renewal time frame, available in client portal and drives to access anytime to verify services their authorized representatives have placed for the business. 360 offers ongoing in-person appointments to review. No refunds or disputes after original contract has initiated, and seven day cancelation term has lapsed.

 

Indemnification and Hold Harmless: Active Current Clients, former Clients, subscribers, vendors, current and former employees, distributors, contractors, shall indemnify and hold harmless the “Company” and affiliated companies and companies’ respective employees, members, agents, and affiliates against any and all claims, liability, loss, damage, or expense including attorneys’ 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 any billing of and for third party SAAS services, set ups, billing, or clients and or authorized employees-initiated services during training of employees or clients directly or indirectly. Client is provided all terms of service prior to signing of agreements, and during the length of agreements, and at renewal time frame, available in client portal and drives to access anytime as well as in-person appointments to review. No refunds or disputes after original contract has initiated.  

 

SAAS Software as a Service, Commitments to Third Parties: Client understands with annual digital advertising retainer packages, the commitments to third parties for software, paid advertising on various planforms, software set up for 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, Software companies. No refunds or disputes after original contract has 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 collections, termination of services, 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. Client acknowledges that 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 contained 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.

 

MERGER & ACQUISITIONS

Survival on Merger or Acquisition. In the event the Clients 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 of this Agreement.

 

Confidentiality. Our company takes our confidentiality very serious, our company processes, pricing, terms, and all conditions of this agreement shall remain confidential, 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 to Client.

Non-payment of all marketing services will result in service interruption or account suspension or deletion, including various outside vendors and may resort in collections by 360 and or any third-party software as a service company that provided services. Client is responsible for any additional collection and or attorney’s fees and this will be applied to all outstanding charges, disputed charges, NSF checks, any discounts received will be charged back and services charged at the regular rate in the event of any default of this contract agreement. 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 parties are unable to agree on a resolution.

 

Terms & Conditions: Your contract will automatically renew unless a written 60 Day notice is received by your account manager at least 60 days prior to expiration. Domain name, hosting fees will be automatically billed to your credit card upon website going live.

Hosting fees are charged automatically each month. Custom website development, source code, plugins, infographics, development of pages, software, graphic design by 360 Marketing & Advertising created and hosted by our firm, all source code, content, animations, videos, social media accounts, manager accounts established by 360, Google Ads accounts, Google Analytics, photos, components and videography, photos, and assets are only licensed to the Client during the time of service and license ends when notice is given. All work, creative content, source code, remains the property of 360 Marketing & Advertising. By entering into this Agreement, you agree to the terms and conditions, hold harmless, confidentiality, auto-renewal, data collection, use, and data sharing practices described in our Privacy Policy.

Annual Digital Marketing Retainer packages, any software or services purchased from us or one of our authorized third-party partners and vendors in connection with your acceptance of this Agreement.

Annual Digital Marketing Retainer Package Service: no refunds will be granted after seven (7) days or if your account has been activated and production work has been initiated. Reuse of copyright material and creative assets is strictly prohibited, all creative assets copyright is maintained by 360 Marketing & Advertising by placing this order, you agree to the terms and conditions and auto-renewal. 360 Marketing & Advertising LLC is not liable for any billing of and for third party SAAS services, set ups, billing, or clients and or authorized employees-initiated services during training of employees or clients directly or indirectly. Client is provided all terms of service prior to signing of agreements, and during the length of agreements, and at renewal time frame, available in client portal and drives to access anytime to verify services their authorized representatives have placed for the business. 360 offers ongoing in-person appointments to review. No refunds or disputes after original contract has initiated, and seven day cancelation term has lapsed.

Client may request in writing permission to use assets created after contract or renewal completion. However, 360 remains and owns all content creation, software, video, photography, source code with website development. You may cancel services by giving 60 days written notice prior to contract expiration, 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. Client understands there are creation costs and placement costs. After the seven-day cancellation period end, work and production will begin. Digital Marketing Retainer Packages are an annual contract and automatic renewal, however, services within that package may be rotated and changed to accommodate a client’s need and budget with a sixty-day notice. On location travel, up to 50 miles included. Additional costs for travel, time, costs for services outside of normal business hours may apply and may be associated.

360 Marketing & Advertising LLC is not liable for any billing of services from third party SAAS services, third party media buying services, account set ups, billing, for clients business and or any initiated by authorized employees-initiated services.

 

Software Subscription Agreements, including third-party SAAS: All TERMS OF SOFTWARE Subscription 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 a minimum of twelve months until a sixty-day notification to terminate in writing via email is received to the 360 Marketing & Advertising office.

Client understands that SAAS will include their business being set up and billed by third parties for a wide variety of technology services such as Google, Facebook, SEMrush, Go Daddy, YouTube, or any other additional platforms and other large technology providers on behalf of their business. 360 Marketing & Advertising acting as the management of services on client’s behalf, with agreements and payments provided by clients business for any and all software as a service third party services. Clients business is solely liable for these third party payment services and agreements to these third parties for their business.

Client agrees that we may terminate this Agreement, update pricing, services, third party vendors for similar services as needed.

360 Marketing & Advertising LLC is not liable for any billing of services from third party SAAS services, third party media buying services, account set ups, billing, for clients business and or any initiated by authorized employees-initiated services. 

 

One-Time Build or Set Up Fees, Additional Add-on costs: Please refer to our one-time costs for items such as Website Development, Commercial Photography, Videography, or Google Platform set up fees which are billed at the time 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 which the allotted varied time frame will be noted on the agreement, and can extend for a total of 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.

Annual Digital Marketing Subscription Retainer Packages do not include one-time build costs, set-up fees, or software as a service cost. One-time costs are priced in all marketing and media material provided in meetings, ongoing strategy sessions and client-portal. One-time services are billed at the time of service separately from the digital marketing retainer package. 360 Marketing & Advertising LLC is not liable any billing of and for third party SAAS services, set ups, billing, or clients and or authorized employees-initiated services. 

 

Link Building and SEO Backlinks: Backlinks are an essential part of a website build and SEO Strategy. Client agrees to terms and conditions allowing backlinks to articles, images, for third party affiliates,

360 Marketing & Advertising LLC and MY LOCAL UTAH.

 

Licenses: Our software, licenses for various software systems, including photos, source code, domains, videos, graphic design, terminate when a client is no longer utilizing our marketing services, Therefore our work cannot be reused when the license has ended including in any and all digital, online, print, or website.

360 Marketing & Advertising LLC is not liable any third-party billing of and for third party SAAS services, set ups, billing, or clients and or authorized employees-initiated services. 

 

Confidentially of this Agreement, Marketing 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 to whom it is directed. This agreement and marketing information contains information that is privileged, confidential, and intellectual property of 360 Marketing & Advertising, LLC. Dissemination, distribution, sharing terms and conditions, disparaging company or its officers or employees is prohibited and may be cause for damages including copying of this communication by anyone other than the intended recipient, or a duly designated employee or agent of such recipient, is prohibited.

Indemnification and Hold Harmless Terms and Conditions: Active Current Clients, former Clients, subscribers, vendors, current and former employees, distributors, contractors, shall indemnify and hold harmless the “Company” and affiliated companies and companies’ respective employees, members, agents, and affiliates against any and all claims, liability, loss, damage, or expense including attorneys’ 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 of and for 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 prior to the signing of agreements, and during the length of agreements, and at renewal time frame, available in the client portal and drives to access anytime as well as in-person appointments to review. No refunds or disputes after original contract has been initiated.

360 reserves the right to refuse service to anyone, certain industries or may terminate disruptive clients, or those with any prior criminal history. Add-on project or needs require written notice and may need worked into current time frame and workflow within an average time length for the add on needs or projects. Typically 7-10 day turnaround depending on the items requested outside the realm of contracted services.