360 TALENT AVENUE LLC

GENERAL WEBSITE TERMS AND CONDITIONS

Last Modified: 12/15/2022

Welcome to 360 Talent Avenue LLC (“Company,” “we,” or “us”)! Please read the following 360 Talent Avenue LLC General Terms and Conditions carefully as it applies to your use of 360talentavenue.com (the “Website”) and all the services and content offered to you through this Website and its mobile versions thereof.

Table of Contents

  1. Acceptance of the Terms and Conditions
  2. Changes to the Terms and Conditions
  3. Accessing the Website
  4. Intellectual Property Rights
  5. Trademarks
  6. Prohibited Uses
  7. Monitoring and Enforcement; Termination
  8. Reliance on Information, Content, and Materials Posted
  9. Changes to the Website
  10. Information about You and Your Visits to the Website
  11. Linking to the Website and Social Media Features
  12. Links from the Website
  13. Geographical Restrictions
  14. Disclaimer of Warranties
  15. Limitation of Liability
  16. Indemnification
  17. Governing Law and Jurisdiction
  18. Limitation on Time to File Claims
  19. Waiver and Severability
  20. Entire Agreement
  21. Your Comments and Concerns

      1. Acceptance of the Terms and Conditions.

The 360 Talent Avenue LLC General Terms and Conditions are entered into by and between you and Company. The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, “T&C”), govern your access to and use of the Website, including any content, functionality, and services offered on or through the Website, whether as a guest or a registered user.

Please read the T&C carefully before you start to use the Website. By using the Website or by clicking to accept or agree to the T&C when this option is made available to you, you accept and agree to be bound and abide by these T&C and our Privacy Policy, found at privacy policy, incorporated herein by reference. If you do not want to agree to these T&C or the Privacy Policy, you must not access or use the Website.

This Website is offered and available to users who are 18 years of age or older, and reside in the United States or any of its territories or possessions. By using this Website, you represent and warrant that you are of legal age to form a binding contract with the Company. If you do not meet all of these requirements, you must not access or use the Website.

      2. Changes to the Terms and Conditions.

We may revise and update these T&C from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Website thereafter. However, any changes to the dispute resolution provisions set out in Governing Law and Jurisdiction will not apply to any disputes for which the parties have actual notice on or before the date the change is posted on the Website.

Your continued use of the Website following the posting of revised T&C means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.

      3. Accessing the Website.

We reserve the right to withdraw or amend this Website, and any service or material we provide on the Website, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website, to users, including registered users.

You are responsible for both: (a) making all arrangements necessary for you to have access to the Website, and (b) ensuring that all persons who access the Website through your internet connection are aware of these T&C and comply with them.

To access the Website or some of the resources it offers, you may be asked to provide certain details or other information. It is a condition of your use of the Website that all the information you provide on the Website is correct, current, and complete. You agree that all information you provide to register with this Website or otherwise, including, but not limited to, through the use of any interactive features on the Website, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

      4. Intellectual Property Rights.

The Website and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, graphics, photographs, pictures, illustrations, video, and audio, and the design, selection, and arrangement thereof) are owned by the Company, its licensors, or other providers of such material and are protected by United States and international copyright, trademark and service mark, patent, trade secret, and other intellectual property or proprietary rights laws.

These T&C permit you to use the Website for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Website, except as follows:

  1. Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
  2. You may store files that are automatically cached by your Web browser for display enhancement purposes.
  3. You may print one copy of a reasonable number of pages of the Website for your own personal, non-commercial use and not for further reproduction, publication, or distribution.
  4. You may print one copy of any articles, papers, and other documents provided by Company but you MAY NOT use any excerpts or other references to such articles, papers, and other documents without Company’s prior written permission in each and every instance.
  5. If we provide desktop, mobile, or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications.

You must not:

  1. Modify copies of any materials or content from this site.
  2. Use any illustrations, photographs, video, or audio sequences, or any graphics separately from the accompanying text.
  3. Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this site.
  4. Access or use for any commercial purposes any part of the Website or any services or materials available through the Website.

If you wish to make any use of material on the Website other than that set out in this section, please address your request to: privacy@360talentavenue.com.

Any use or disclosure of the Company’s intellectual property to a third-party is strictly prohibited. If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Website in breach of the T&C, your right to use the Website will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Website not expressly permitted by these T&C is a breach of these T&C and may violate copyright, trademark, and other laws; all remedies available to the Company are expressly reserved.

      5. Trademarks.

The Company name, the term “360 Talent Avenue,” the phrase “Recruit Better,” the Company’s design, and all related names, logos, slogans, taglines, product and service names, and designs are trademarks and service marks of the Company or its affiliates or licensors. No right, title or interest in the Company’s trademarks and/or service marks are granted to you whatsoever. Accordingly, no license to sell, use, reproduce, publish, or distribute said trademarks and/or service marks are granted or implied. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs, and slogans on this Website are the trademarks and service marks of their respective owners.

      6. Prohibited Uses.

You may use the Website only for lawful purposes and in accordance with these T&C. You agree not to use the Website:

  1. In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
  2. For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
  3. To impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity (including, without limitation, by using email addresses or screen names associated with any of the foregoing).
  4. To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by us, may harm the Company or users of the Website, or expose them to liability.

Additionally, you agree not to:

  1. Use the Website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Website, including their ability to engage in real time activities through the Website.
  2. Use any robot, spider, or other automatic device, process, or means to access the Website for any purpose, including monitoring or copying any of the material on the Website.
  3. Use any manual process to monitor or copy any of the material on the Website, or for any other purpose not expressly authorized in these T&C, without our prior written consent.
  4. Use any device, software, or routine that interferes with the proper working of the Website.
  5. Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
  6. Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website (including other user information), the server on which the Website is stored, or any server, computer, or database connected to the Website.
  7. Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.
  8. Otherwise attempt to interfere with the proper working of the Website.

      7. Monitoring and Enforcement; Termination.

We have the right to: Terminate or suspend your access to all or part of the Website for any or no reason, including without limitation, any violation of these T&C; and take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website.

Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of any user of the Website. YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.

      8. Reliance on Information, Content, and Materials Posted.

The information, content, and materials presented on or through the Website is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents.

This Website may include content provided by third parties. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Company. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

     9. Changes to the Website.

We may update the content on this Website from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Website may be out of date at any given time, and we are under no obligation to update such material.

      10. Information about You and Your Visits to the Website.

All information we collect on this Website is subject to our Privacy Policy and our Supplemental Website Privacy Policy for California Residents. By using the Website, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

Please note that any communications or material that does not constitute Personal Information, as defined in the Privacy Policy, may be treated as non-confidential and non-proprietary. As such, the Company may use such information for any purpose, including, without limitation, research and development, advertising, marketing, and promotional purposes.

      11. Linking to the Website and Social Media Features.

You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part without our express written consent in each and every instance.

Subject to the foregoing, you must not:

  1. Establish a link from any website that is not owned by you.
  2. Cause the Website or portions of it to be displayed on, or appear to be displayed by, any other site, for example, framing, deep linking, or in-line linking.
  3. Link to any part of the Website other than the homepage.
  4. Otherwise take any action with respect to the materials on this Website that is inconsistent with any other provision of these T&C.

You agree to cooperate with us in causing any unauthorized framing or linking immediately to stop. We reserve the right to withdraw linking permission without notice.

We may disable all or any social media features and any links at any time without notice in our discretion.

      12. Links from the Website.

If the Website contains links to other sites and resources provided by third parties, these links are provided for your convenience only and does not imply endorsement by Company of the linked website. This includes links contained in advertisements, including banner advertisements and sponsored links, if any. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

      13. Geographic Restrictions.

The owner of the Website is based in the State of Nevada in the United States. We provide this Website for use only by persons located in the United States. We make no claims that the Website or any of its content is accessible or appropriate outside of the United States. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

      14. Disclaimer of Warranties.

You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

YOUR USE OF THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

TO THE FULLEST EXTENT PROVIDED BY LAW, THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

      15. Limitation on Liability.

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COLLECTIVE LIABILITY OF THE COMPANY AND ITS SUBSIDIARIES AND AFFILIATES, AND THEIR LICENSORS, COUNSELORS, SERVICE PROVIDERS, MANAGERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS, TO ANY PARTY (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED THE AMOUNT YOU HAVE PAID TO THE COMPANY FOR THE APPLICABLE CONTENT, PRODUCT, OR SERVICE IN THE LAST TWELVE (12) MONTHS OUT OF WHICH LIABILITY AROSE.

The limitation of liability set out above does not apply to liability resulting from our gross negligence or willful misconduct.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

      16. Indemnification.

To the greatest extent allowed by applicable law, you agree to defend, indemnify, and hold harmless the Company, its affiliates, licensors, and service providers, and its and their respective officers, directors, managers, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these T&C or your use of the Website, including, but not limited to, your User Contributions, any use of the Website’s content, services, and products other than as expressly authorized in these T&C, or your use of any information obtained from the Website.

      17. Governing Law and Jurisdiction.

All matters relating to the Website and these T&C, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Nevada without giving effect to any choice or conflict of law provision or rule (whether of the State of Nevada or any other jurisdiction).

Any legal suit, action, or proceeding arising out of, or related to, these T&C or the Website shall be instituted exclusively in the federal courts of the United States or the courts of the State of Nevada, in each case located in the County of Clark, although we retain the right to bring any suit, action, or proceeding against you for breach of these T&C in your jurisdiction. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

      18. Limitation on Time to File Claims.

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE T&C OR THE WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

      19. Waiver and Severability.

No waiver by the Company of any term or condition set out in these T&C shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these T&C shall not constitute a waiver of such right or provision.

If any provision of these T&C is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the T&C will continue in full force and effect.

      20. Entire Agreement.

The T&C and our Privacy Policy constitute the sole and entire agreement between you and Company regarding the Website and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Website.

      21. Your Comments and Concerns.

This website is operated by 360 Talent Avenue LLC. For all feedback, comments, requests for technical support, and other communications relating to the Website should be directed to: privacy@360talentavenue.com.