Last Revised: 11/16/2017
The internet connection is provided by 360WorkHub LLC or one if its affiliated companies. Access to the connection is at our discretion. We reserve the right to block, suspend, terminate access at any time and at any reason. Violation of our policies denies refusal of service, including but not limited to, disruption of access to other users, other connections, or other third-parties.
To gain access to our connection, the device must be in range of our wireless access points or a data network port. A data network port is subject to unavailability including by reason of emergencies, service failures, equipment, network problems or limitations, transmission, interference, signal strength, and general maintenance, and repair.
You are solely responsible for any hardware/devices, equipment, software, or other materials necessary for use of the connection. Network speed will vary based on configurations on your hardware/device, distance by location, compression, network traffic overflow and other factors.
PRIVACY & SECURITY
You agree that no data network and internet-based communication is 100% safe or secure, as network connection are susceptible to cyber attacks by equipment and software and no such connection should be considered private or protected.
You agree not to, and are prohibited from, accessing or using (or attempting to access or use) the connection or taking any action online that violates any applicable law or regulation or that could harm us or any third party or interfere with the operation of the data network to others. For example, among other items, you may not:
- upload or transmit through the connection any (a) viruses, worms, spam or anything else designed to interfere with or disrupt the normal operating procedures of a computer or network; or (b) any material which is defamatory, offensive, or of an obscene nature;
- take any action that imposes an unreasonable or disproportionately large load on our network or infrastructure or that violates or threatens or system or network security or that of our users or any third parties, including any attempt to circumvent any restrictions imposed on your access to or use of the connection or our other websites;
- use the connection to infringe or violate the intellectual property rights or proprietary rights of any third party;
- share your IP address or ISP Internet connection with anyone;
- reproduce, retransmit, disseminate, or resell the connection or authorize any other individual or entity to use the connection, whether for profit or not, without our express written permission
Breaching “Prohibited Uses” may result in civil or criminal liability. We may report such breaches to relevant law enforcement authorities and co-operate with those authorities to prosecute users who violate these terms. We have the right, but not the obligation, to suspend or terminate your access and use of the connection and other services we may provide you and to block or remove any communications or materials transmitted through the connection.
ADDITIONAL DISCLAIMERS; LIABILITY LIMITATION
The connection is offered on an “as-is” and “as available” basis. To the extent permitted by law, we disclaim all warranties and terms, express or implied, including warranties, terms or representations as to the availability, operation, security, performance and/or use of our services, or any other materials on or accessed via our services, or the accuracy, speed, availability or uptime of the services, network, or data, including any warranties or terms of merchantability, fitness for a particular purpose, title, non-infringement and any implied warranties, terms or indemnification arising from course of dealing or course of performance.
You waive any and all claims and rights against us and our affiliates, parents, and successors and each of our employees, assignees, officers, agents and directors (the “360WorkHub Parties”) resulting from injury or damage to, or destruction, theft, or loss of, any property, person or pet, to the maximum extent permitted by applicable law. None of the 360WorkHub Parties will be liable to you under any cause of action, for any indirect, special, incidental, consequential, reliance or punitive damages, including loss of profits or business interruption. You will indemnify the 360WorkHub Parties from and against any and all claims, liabilities, and expenses (including reasonable attorneys’ fees), resulting from any breach of this agreement by you.
Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the exclusions and limitations above may not apply to you. In such event, such exclusions and limitations shall apply to the maximum extent allowed under applicable law.
If you are a member, to the extent any dispute arises from the services described herein, they shall be brought in the forum, applying the law, described in the Membership Agreement (as may be amended by the Terms thereof) signed up by you or the company with which you are affiliated. If you are not a member, to the extent any dispute arises from the services described herein, shall be resolved in accordance with the arbitration rules of JAMS then in force, by one or more arbitrators appointed in accordance with said rules.
The place of arbitration shall be Los Angeles, California, U.S.A. and shall apply the law of the State of California, U.S.A. and the United States without regard to conflicts of laws provisions thereof and without regard to the United Nations Convention on Contracts for the International Sale of Goods for California or any other implementation of the Uniform Computer Information Transactions Act.