Terms of Service
Last Modified: May 26, 2023
By clicking the “ACCEPT” button or by otherwise using the Website or Services, you represent that you are at least 13 years of age or your use of the Website and Services has been approved by your parent or legal guardian. If neither of these are true, you must not access or use the Website or Services, purchase any Service on or through the Website, and/or register for an account on the Website.
Accessing the Website and Account Security
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:
Making all arrangements necessary for you to have access to the Website.
If you choose, or are provided with, a user name, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Website or portions of it using your user name, password or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared device so that others are not able to view or record your password or other personal information.
Intellectual Property Rights
The Website and its entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio,”look and feel,” and the design, selection and arrangement thereof), are owned by 365Pro, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.
Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
You may store files that are automatically cached by your Web browser for display enhancement purposes.
You may print or download 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.
If we provide social media features with certain content, you may take such actions as are enabled by such features.
You must not:
Modify copies of any materials from this site.
Delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from this site.
You must not access or use for any commercial purposes any part of the Website or any services or materials available through the Website. Without limiting the generality of the foregoing, you may not use the Website for bench marking or purposes competitive with 365Pro.
365PRO, the associated logo and all related names, logos, product and service names, designs and slogans are trademarks of 365Pro or its affiliates or licensors. You must not use such marks without the prior written permission of 365Pro. All other names, logos, product and service names, designs and slogans on this Website are the trademarks of their respective owners.
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).
For purposes other than your personal, non-commercial use.
For purposes of benchmarking the Website or Services or any other purpose competitive with 365Pro or its Services.
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.
To transmit, or procure the sending of, any advertising or promotional material, including any "junk mail", "chain letter" or "spam" or any other similar solicitation.
To impersonate or attempt to impersonate 365Pro, a 365Pro employee, another user or any other person or entity (including, without limitation, by using e-mail addresses, screen names, and/or social media handles or similar names associated with any of the foregoing).
To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Website, or which, as determined by us in our sole discretion, may harm 365Pro or users of the Website or expose them to liability.
Additionally, you agree not to:
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.
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.
Use any manual process to monitor or copy any of the material on the Website or for any other unauthorized purpose without our prior written consent.
Use any device, software or routine that interferes with the proper working of the Website.
Introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.
Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer or database connected to the Website.
Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.
Otherwise attempt to interfere with the proper working of the Website.
The Website may contain message boards, chat rooms, personal web pages or profiles, forums, bulletin boards and other interactive features (collectively, "Interactive Services") that allow users to post, submit, publish, display or transmit to other users or other persons (hereinafter, "post") content or materials (collectively, "User Contributions") on or through the Website or through any social media accounts associated with you or 365Pro, including, without limitation, our Facebook, Twitter, Pinterest, Instagram, and YouTube pages and accounts (“Social Media Accounts”) .
Any User Contribution you post to either the Website or Social Media Accounts will be considered non-confidential and non-proprietary. By providing any User Contribution on the Website or through the Social Media Accounts, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors and assigns the right to use, reproduce, modify, perform, display, distribute and otherwise disclose to third parties any such material for any purpose.
You represent and warrant that:
You own or control all rights in and to the User Contributions and have the right to grant the license granted above to us and our affiliates and service providers, and each of their and our respective licensees, successors and assigns.
You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not 365Pro, have full responsibility for such content, including its legality, reliability, accuracy and appropriateness.
We are not responsible, or liable to any third party, for the content or accuracy of any User Contributions posted by you or any other user of the Website or the Social Media Accounts.
Monitoring and Enforcement; Termination
We have the right, but not the obligations, to:
Remove or refuse to post any User Contributions for any or no reason in our sole discretion.
Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website or the Social Media Accounts.
Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website or the Social Media Accounts. YOU WAIVE AND HOLD HARMLESS 365PRO AND ITS AFFILIATES, LICENSEES AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
However, we cannot review all material before it is posted on the Website or the Social Media Accounts, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.
These content standards apply to any and all User Contributions and use of Interactive Services. User Contributions must in their entirety comply with all applicable federal, state, local and international laws and regulations. Without limiting the foregoing, User Contributions must not:
Contain any material which is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory or otherwise objectionable.
Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
Be accurate and truthful at the time of posting and not made with the purpose of intentionally harming 365Pro, the Website, Services, or any other user.
Infringe any patent, trademark, trade secret, copyright or other intellectual property or other rights of any other person.
Be likely to deceive any person.
Promote any illegal activity, or advocate, promote or assist any unlawful act.
Cause annoyance, inconvenience or needless anxiety or be likely to upset, embarrass, alarm or annoy any other person.
Impersonate any person, or misrepresent your identity or affiliation with any person or organization.
Involve commercial activities or sales, such as contests, sweepstakes and other sales promotions, barter or advertising.
Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.
We take claims of copyright infringement seriously. We will respond to notices of alleged copyright infringement that comply with applicable law. If you believe any materials accessible on or from the Website infringe your copyright, you may request removal of those materials (or access to them) from the Website by submitting written notification to our copyright agent designated below. In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) ("DMCA"), the written notice (the "DMCA Notice") must include substantially the following:
Your physical or electronic signature.
Identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works on the Website, a representative list of such works.
Identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate that material.
Adequate information by which we can contact you (including your name, postal address, telephone number, and, if available, email address).
A statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent, or the law.
A statement that the information in the written notice is accurate.
A statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
Our designated copyright agent to receive DMCA Notices is:
ATTN: Copyright Agent
2335 Buttermilk Crossing
Crescent Springs, KY 41017
If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your DMCA Notice may not be effective.
Please be aware that if you knowingly materially misrepresent that material or activity on the Website is infringing your copyright, you may be held liable for damages (including costs and attorneys' fees) under Section 512(f) of the DMCA.
It is our policy in appropriate circumstances to disable and/or terminate the accounts of users who are repeat infringers.
You acknowledge and agree that the Website and Services is a beta test version that may contain bugs, defects and errors and that the Website and Services are not expected to function fully. You further acknowledge and agree that the Website and Services are being provided to you for the purpose of assisting with testing of functionality and on the express condition that you provide 365Pro with truthful, accurate and complete feedback, comments and analysis (“Contribution”). You expressly acknowledge and agree that your participation in any beta testing is undertaken by you on a volunteer basis and that you shall have no right in the beta Website or Services, including any software or application, or your Contribution, whether in original form (as provided by you) or in respect of any derivative work (whether or not based upon, in whole or in part, on any participation or feedback as you may make). Notwithtsanding the foregoing, you agree to grant to 365Pro a royalty-free, perpetual, transferable license to commercially use and sub-license in 365Pro’s sole discretion, any and all Contribution.
We may offer you, at our own discretion and subject to modification or withdrawal at any time, unpaid or reduced fee, trial, access to the Services for a limited period of time, as indicated on the sign up page ("Trial Period"). Notwithstanding the foregoing, we may terminate the Trial Period for any or no reason, with or without notice to you. We offer at most one Trial Period to you and you agree not to attempt to circumvent this limitation by, for example, signing up for the Services with more than one email account. During the Trial Period, you agree to abide by all of these Terms and understand that no warranty will be made by us to you as to the accessibility or performance of the Services or any liability associated with any of the foregoing, At the close of the Trial Period, you will be automatically enrolled in a one (1) month subscription to the particular Service at the then current list price, unless you cancel your subscription before the conclusion of the Trial Period or enroll in a longer subscription.
Reliance on Information Posted
The information presented on or through the Website is made available solely for personal, non-commercial, 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, including materials provided by other users, bloggers and third-party licensors, syndicators, aggregators and/or reporting services. 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 365Pro, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of 365Pro. 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.
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.
Information About You and Your Visits to the Website
Online Purchases and Other Terms and Conditions
This Section 16 applies to all purchases through this Website or other transactions for the sale of services (“Services”), formed through the Website or as a result of visits made by you.
Limitation on Sales. Without limiting the applicability of 16.3, you may only purchase Services for your personal, residential use. Services made available for purchase on or through the Website are not for commercial or industrial use, including, without limitation, purchases of Services for business, hotel, institutional or other similar uses or purposes.
Prices and Payment Terms.
Prices. The price for Services available for purchase through the Website will be displayed to you on the Website. The prices displayed do not include taxes or any other applicable fees, including, without limitation, any shipping, handling, insurance, or recycling fees. Any applicable taxes or fees will be communicated to you before you place an order. We are not responsible for pricing, typographical, or other errors in any offer by us and we reserve the right to cancel any orders arising from such errors.
Payments. 365Pro is not a bank, credit union, payment processor, or other financial institution. As such, the Website currently uses third-parties to process payments for transactions consummated through this Website such as Stripe (“Payment Processors”). By utilizing the Website to purchase Services, you authorize a Payment Processor to charge your credit card or other payment method. Our third-party Payment Processors accept payments through various credit cards, including Visa, MasterCard, American Express and Discover, as detailed on the applicable payment screen. Transactions processed via the Webiste may also be subject to the terms and conditions of the applicable Payment Processor. Financing, should it become available, will be subject will be subject to additional terms and conditions. You represent and warrant that (i) the credit card information you supply to such third party payment processors is true, correct, and complete, (ii) you are duly authorized to use such credit card for the purchase, (iii) charges incurred by you will be honored by your credit card company, and (iv) you will pay charges incurred by you at the posted prices, including all applicable taxes, if any. 365Pro is not responsible for any errors by the Payment Processor
All Sales are Final. No refunds are permitted except with respect to any statutory warranties or guaranties that cannot be excluded or limited by law.
In-App Purchases. The following is applicable only when you access and use the Services through the App:
If using the Services through the App, we may include an opportunity to earn or purchase virtual items or content, or subscriptions ( “Virtual Items”). Virtual Items are licensed to you by us for your use through the Service, subject to the limitations and other terms set out in greater detail below.
If you choose to make an in-App purchase to purchase a Virtual Item, as described in more detail below, you will be prompted to confirm your purchase with the applicable payment provider, and your method of payment (your card or a third party account such as the Apple App Store or the Google Play Store) (“Payment Method”) will be charged for the in app purchase at the prices displayed to you for the Service(s) you have selected as well as any sales or similar tax that may be imposed on your payments, and you authorize 365Pro or the third party account, as applicable, to charge you.
If you wish to purchase Virtual Items, you will be required to pay a fee using “real world” money to obtain the Virtual Items. Virtual Items can never be redeemed or cashed out for “real world” money, goods, or any other item of monetary value from 365Pro or any other party. You understand that you have no right or title in the Virtual Items appearing or originating in Services, whether “awarded” in a game or “purchased” from 365Pro, or any other attributes associated with an account or stored on the Services. Your purchase of Virtual Items is final and is not refundable, transferable or exchangeable, except in 365Pro’s sole discretion. You may not transfer, purchase, sell, or exchange Virtual Items outside the Services, or attempt to sell, give or trade in the “real world” anything that appears or originates in the Services unless otherwise expressly authorized by 365Pro in writing. We won’t recognize those transfers as legitimate. Accordingly, you may not sublicense, trade, sell or attempt to sell in-game Virtual Items for “real” money, or exchange Virtual Items for value of any kind outside of a game, without 365Pro’s written permission. Doing so is a violation of these Terms and may result in termination of your Account and/or legal action taken against you, any such transfer or attempted transfer is prohibited and void. Other than a limited, personal, revocable, non-transferable, non-sublicense able license to use the Virtual Items with the Services, you have no right or title in or to any such Virtual Items appearing or originating with the Services, or any other attributes associated with use of the Services or stored within the Services. 365Pro retains the right to manage, regulate, control, modify and/or eliminate Virtual Items at its sole discretion, and 365Pro shall have no liability to you or anyone for the exercise of such rights. Prices and availability of Virtual Items are subject to change without notice. In addition to the foregoing, 365Pro may selectively remove or revoke Virtual Items associated with your account upon its sole discretion.
Virtual Items purchased in Services on other applications stores or platforms such as but not limited to Facebook, Apple iOS, or Android (a “Third Party Store”) will be subject to those platforms’ payment terms and conditions. 365Pro does not control how you can pay on those platforms and shall not be liable for processing the payment by such third parties. Please review those platforms’ terms of service for additional information.
If you purchase an auto-recurring subscription during a Trial Period (defined below), your Payment Method automatically will be charged at the start of each subscription period for the fees and taxes applicable to that period, including a new subscription period that starts immediately after the end of the Trial Period. To avoid future charges, cancel before the renewal date. Your Payment Method information will be stored and subsequently used for the automatic card payments in accordance with these Terms.
If you do not want your subscription to renew automatically, or if you want to change or terminate your subscription, you will need to log onto your account, either through the App or through the third-party account, and follow the instructions to terminate or cancel your subscription, even if you have otherwise deleted your account with us or if you have deleted the App from your device. Deleting your account or deleting the App from your device does not terminate or cancel your subscription. 365Pro will retain all funds charged to your Payment Method until you terminate or cancel your subscription in the manner described abouve, as applicable. If you terminate or cancel your subscription, you may use your subscription until the end of your then-current subscription term, and your subscription will not be renewed after your then-current term expires.
When purchasing Virtual Items or other content as may be made available, you agree to pay us the applicable charges for your purchase, including applicable taxes incurred by you or anyone using an account registered to you, using a valid charge card or other payment method we may accept in accordance with the billing terms and prices in effect at the time the fee or charge becomes payable. All sales of Virtual Items and/or other content are final.
Generally, all charges for purchases of Virtual Items are nonrefundable, and there are no refunds or credits for partially used subscription periods. We may make an exception if a refund for a Virtual Item is requested within fourteen days of the transaction date, or if the laws applicable in your jurisdiction provide for refunds.
If your account is charged for items you did not purchase, or you did not receive the items you purchased, or you were charged an incorrect amount, you may request a refund or correction in accordance to payment provider policy. Any refund request must be received within 96 hours from the time of purchase in order for refunds to be issued in accordance to payment provider policy. Refund requests past 96 hours from time of purchase will be honored according only in accordance to our payment policy. Other than charges to your account, you agree to notify us about any billing problems or discrepancies within 30 days after they first appear on your account statement. If you do not bring them to our attention within 30 days, you agree that you waive your right to dispute such problems or discrepancies. You are responsible for and agree to reimburse us for all reversals, charge-backs, claims, fees, fines, penalties and other liability incurred by us (including costs and related expenses) that were caused by or arising out of payments that you authorized or accepted. You understand that we may suspend or terminate your account if for any reason a charge you authorize us to make to your credit card or other method of payment cannot be processed or is returned to us unpaid and, if such event occurs, you shall immediately remit to us payment for such charge through an alternative payment method.
You acknowledge that 365Pro is not required to provide a refund for any other reason, and that you will not receive money or other compensation for unused virtual items when an Account is closed, whether such closure was voluntary or involuntary, or whether you made a payment through the Website, or a Third Party Store. If you made a purchase through a Third Party Store, refunds are handled by those Third Party Stores, not 365Pro.
For users residing in Arizona, California, Colorado, Connecticut, Illinois, Iowa, Minnesota, New York, North Carolina, Ohio and Wisconsin, the terms below apply:
You may cancel your subscription, without penalty or obligation, at any time prior to midnight of the third business day following the date you subscribed. In the event that you die before the end of your subscription period, your estate shall be entitled to a refund of that portion of any payment you had made for your subscription, which is allocable to the period after your death. In the event that you become disabled (such that you are unable to use the services of 365Pro) before the end of your subscription period, you shall be entitled to a refund of that portion of any payment you had made for your subscription, which is allocable to the period after your disability by providing 365Pro in the same manner as you request a refund as described below.
If you made a purchase using your Apple ID, refunds are handled by Apple, not 365Pro. To request a refund, go to the Apple App Store, click on your Apple ID, select “Purchase history,” find the transaction and hit “Report Problem”. You can also submit a request at https://getsupport.apple.com.
If you subscribed using your Google Play Store account or through 365pro directly: please email us with your order number from the Google Play Store. You may also mail or deliver a signed and dated notice which states that you, the buyer, are canceling this Agreement, or words of similar effect. Please also include the email address or mobile number associated with your account along with your order number.
All Virtual Items are forfeited by you if your account is terminated or suspended for any reason, in 365Pro’s sole and absolute discretion, or if the Services is no longer available. If your Account, or a particular subscription for the Services associated with your account, is terminated, suspended and/or if any Virtual Items are selectively removed or revoked from your account, no refund will be granted, no Virtual Items will be credited to you or converted to cash or other forms of reimbursement.
Third Party Application Stores
The following additional terms and conditions apply to you if you download the App from a Third Party Store. To the extent that the other terms and conditions of these Terms are less restrictive than, or otherwise conflict with, the terms and conditions of this section, the more restrictive or conflicting terms and conditions in this section will apply, but solely with respect to the Application and the Third Party Store. You acknowledge and agree that:
These Terms are concluded solely between you and 365pro and not with the providers of the Third Party Store, and 365pro (and not the Third Party Store providers) is solely responsible for the Application and the content thereof. To the extent that these Terms provide for usage rules for the Application which are less restrictive or in conflict with the applicable terms of service of the Third Party Store from which you obtain the Application, the more restrictive or conflicting term of the Third Party Store will take precedence and will apply.
The Third Party Store provider has no obligation whatsoever to provide any maintenance and support services with respect to the App. 365Pro is solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed. The Third Party Store provider will have no warranty obligation whatsoever with respect to the App, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be the sole responsibility of 365pro.
365Pro, not the Third Party Store provider, is responsible for addressing any claims you or any third party may have relating to the App or your possession and/or use of the App, including, but not limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; (iii) claims arising under consumer protection or similar legislation; and/or (iv) intellectual property infringement claims.
The Third Party Store provider and its subsidiaries are third party beneficiaries of these Terms, and, upon your acceptance of these Terms, the Third Party Store provider from whom you obtained the App will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third party beneficiary thereof.
In the event of a conflict between a Third Party Store’s or mobile carrier’s applicable terms and conditions and these Terms, the terms and conditions of the Third Party Store or mobile carrier shall govern and control. We are not responsible and have no liability whatsoever for third-party goods or services you obtain through a Third Party Store or mobile carrier. We encourage you to make whatever investigation you feel necessary or appropriate before proceeding with any online transaction with any of these third parties.
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.
As provided in Section 7, we make this Website available to you only for your personal, non-commercial purposes. Without limiting the generality of the foregoing, you may not use or access the Website or purchase our Services from the Website for the purpose of commercial reviews of such Services or inaccurate or untruthful reviews about 365Pro, the Website, or the Services.
This Website may provide certain social media features that enable you to:
Link from your own or certain third-party websites to certain content on this Website.
Send e-mails or other communications with certain content, or links to certain content, on this Website.
Cause limited portions of content on this Website to be displayed or appear to be displayed on your own or certain third-party websites.
You may use these features solely as they are provided by us and solely with respect to the content they are displayed with and otherwise in accordance with any additional terms and conditions we provide with respect to such features. Subject to the foregoing, you must not:
Establish a link from any website that is not owned by you.
Cause the Website or portions of it to be displayed, or appear to be displayed by, for example, framing, deep linking or in-line linking, on any other site.
Link to any part of the Website other than the homepage.
You agree to cooperate with us in causing any unauthorized framing or linking immediately to cease. 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.
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. This includes links contained in advertisements, including banner advertisements and sponsored links. 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.
The owner of the Website is based in the state of Ohio in the United States. We provide this Website for use only by persons located in the United States and Canada. We make no claims that the Website or any of its content is accessible or appropriate outside of the United States or Canada. 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 or Canada, you do so on your own initiative and are responsible for compliance with local laws.
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. 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 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 OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT AND ANY SERVICES 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 365PRO NOR ANY PERSON ASSOCIATED WITH 365PRO MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE WEBSITE OR SERVICES. WITHOUT LIMITING THE FOREGOING, NEITHER 365PRO NOR ANYONE ASSOCIATED WITH 365PRO REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT OR ANY SERVICES 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 OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
365PRO HEREBY DISCLAIMS, TO THE MAXIMUM EXTENT ALLOWABLE BY APPLICABLE LAW, 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 WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Limitation on Liability
IN NO EVENT WILL 365PRO, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES OR ANY SERVICES OBTAINED THROUGH THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.
BY PURCHASING ANY SUBSCRIPTION OR VIRTUAL ITEM, YOU ACKNOWLEDGE THAT YOUR SUBSCRIPTION HAS AN INITIAL AND RECURRING PAYMENT FEATURE AND YOU ACCEPT RESPONSIBILITY FOR ALL RECURRING CHARGES PRIOR TO CANCELLATION. YOUR SUBSCRIPTION WILL BE AUTOMATICALLY EXTENDED FOR SUCCESSIVE PERIODS, AT THE THEN-CURRENT SUBSCRIPTION RATE. TO CANCEL YOUR SUBSCRIPTION AT ANY TIME, YOU MUST EMAIL 365PRO AT THE CONTACT INFORMATION HEREIN AT LEAST 3 BUSINESS DAYS PRIOR TO YOUR NEXT SCHEDULED RENEWAL DATE TO AVOID CHARGE. REGARDLESS OF SIGN-UP DATE ALL RECURRING BILL PAYMENTS WILL BE CHARGED ON THE FIFTH DAY OF EACH MONTH. IF YOU CANCEL, YOU MAY USE YOUR SUBSCRIPTION UNTIL THE END OF YOUR THEN-CURRENT SUBSCRIPTION TERM. 365PRO MAY SUBMIT PERIODIC CHARGES (E.G., MONTHLY) WITHOUT FURTHER AUTHORIZATION FROM YOU, UNTIL YOU PROVIDE PRIOR NOTICE THAT YOU HAVE TERMINATED THIS AUTHORIZATION OR WISH TO CHANGE YOUR PAYMENT METHOD WITHIN THE 48-HOUR NOTICE REQUIREMENT.
IF YOU CANCEL YOUR SUBSCRIPTION, YOU WILL NOT BE ELIGIBLE FOR A PRORATED REFUND OF ANY PORTION OF THE SUBSCRIPTION FEE PAID FOR THE THEN-CURRENT SUBSCRIPTION PERIOD. WE RESERVE THE RIGHT TO REVOKE YOUR SUBSCRIPTION AT ANY TIME. RETURNS WITH THE REQUEST OF A REFUND WILL BE REFUNDED THE PAID FOR SUBSCRIPTION COST MINUS THE SHIPPING AND IS AT THE DISCRETION OF CUSTOMER SUPPORT. MEMBERSHIP IS VOID WHERE PROHIBITED BY LAW.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Assumption of Risk
You hereby acknowledge and agree that access and use of the Website and Services, including, without limitation, participation in any physical fitness program or athletic activities accessibly on or through the Website, is entirely at your own risk. You hereby acknowledge and agree that by accessing and using the Website, you may be engaging in activities that involve the risk of serious personal injury, illness, permanent disability, dismemberment, and death and that and that these risks may result from the actions, negligence and failure to act of yourself and others. You should consult a physician or other health care professional before starting any fitness program on or through the Website to determine if it is right for your needs. LICENSEE AND ITS AUTHORIZED USERS KNOWINGLY AND VOLUNTARILY ASSUME ALL OF THE FOREGOING RISKS, WHICH RISKS MAY INCLUDE, AMONG OTHER THINGS, MUSCLE INJURIES, BROKEN BONES, CONCUSSIONS AND DEATH, AND ACCEPT PERSONAL RESPONSIBILITY FOR ANY INJURY (INCLUDING, BUT NOT LIMITED TO, PERSONAL INJURY, DISABILITY, DISMEMBERMENT AND DEATH), ILLNESS, DAMAGE, LOSS, CLAIM, LIABILITY, OR EXPENSE, OF ANY KIND OR NATURE, THAT LICENSEE OR ITS AUTHORIZED USERS MAY SUFFER ARISING OUT OF OR IN CONNECTION WITH THE APP OR SERVICES (“CLAIMS”). WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, ON BEHALF OF LICENSEE AND ITS AUTHORIZED USERS, AND ON BEHALF OF THEIR RESPECTIVE SUCCESSORS, ASSIGNS, HEIRS, EXECUTORS, ADMINISTRATORS AND NEXT OF KIN, HEREBY RELEASES, COVENANTS NOT TO SUE, AND FOREVER DISCHARGES THE 365PRO AND ITS AFFILIATES, SUCCESSORS, AND ASSIGNS, AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS (“RELEASED PARTIES”) FROM ALL CLAIMS, AND FURTHER AGREE TO INDEMNIFY AND HOLD EACH OF THE RELEASED PARTIES HARMLESS FROM AND AGAINST ANY AND ALL SUCH CLAIMS INCLUDING, BUT NOT LIMITED TO, ALL ATTORNEYS' FEES AND DISBURSEMENTS UP THROUGH AND INCLUDING ANY APPEAL.
The term of these Terms shall commence on the date on which you agree to be bound by these Terms (“Effective Date”) and shall continue until terminated as provided herein. Following any Trial Period, User will be automatically enrolled in a one (1) month subscription to the Services at the then current list price unless User selects a longer subscription before the expiration of the Trial Period (each a “Subscription Period”). The Terms shall automatically renew for subsequent Subscription Periods unless User cancels the subscription through the applicable Third Party Store or otherwise terminates these Terms pursuant to this Agreement. Upon termination of these Terms for any reason, all rights, licenses and Virtual Items granted to User shall immediately terminate, and the User shall cease using the Website, App, and/or Service.
For any Dispute, the place of Arbitration shall be in Hamilton County, Ohio.
The cost of the arbitration proceeding, including, without limitation, each party's attorneys' fees and costs, shall be borne by the unsuccessful party or, at the discretion of the arbitrators, may be prorated between the parties in such proportion as the arbitrators determine to be equitable and shall be awarded as part of the award.
RESTRICTIONS ON ARBITRATION: ALL DISPUTES, REGARDLESS OF THE DATE OF ACCRUAL OF SUCH DISPUTE, SHALL BE ARBITRATED ON AN INDIVIDUAL BASIS. ANY DISPUTES YOU MAY HAVE AGAINST 365PRO, ITS AFFILIATES, SUBSIDIARIES, LICENSORS, AND SERVICE PROVIDERS, AND ITS AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS, LICENSORS, SUPPLIERS, SUCCESSORS AND ASSIGNS YOU HEREBY AGREE TO BIFURCATE AND ARBITRATE AGAINST THEM INDIVIDUALLY IN HAMILTON COUNTY, OHIO. YOU ARE WAIVING YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT, AND TO CERTAIN DISCOVERY AND OTHER PROCEDURES THAT ARE AVAILABLE IN A LAWSUIT. YOU AND 365PRO AGREE THAT THE ARBITRATORS HAVE NO AUTHORITY TO ORDER CONSOLIDATION OR CLASS ARBITRATION OR TO CONDUCT CLASS-WIDE ARBITRATION PROCEEDINGS, AND ARE ONLY AUTHORIZED TO RESOLVE THE INDIVIDUAL DISPUTES BETWEEN YOU AND 365PRO, ITS AFFILIATES, SUBSIDIARIES, LICENSORS, AND SERVICE PROVIDERS, AND ITS AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS, LICENSORS, SUPPLIERS, SUCCESSORS AND ASSIGNS. FURTHER, YOU WILL NOT HAVE THE RIGHT TO CONSOLIDATION OR JOINDER OF INDIVIDUAL DISPUTES OR ARBITRATIONS, TO HAVE ANY DISPUTE ARBITRATED ON A CLASS ACTION BASIS, OR TO PARTICIPATE IN A REPRESENTATIVE CAPACITY OR AS A MEMBER OF ANY CLASS PERTAINING TO ANY CLAIM SUBJECT TO ARBITRATION.
THE VALIDITY, EFFECT, AND ENFORCEABILITY OF THE FOREGOING WAIVER OF CLASS ACTION LAWSUIT AND CLASS-WIDE ARBITRATION, IF CHALLENGED, ARE TO BE DETERMINED SOLELY AND EXCLUSIVELY BY THE STATE COURTS LOCATED IN HAMILTON COUNTY, OHIO, OR, IF BROUGHT IN A FEDERAL DISTRICT COURT, THE SOUTHERN DIVISION OF THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF OHIO.
Limitation on Time to File Claims
Waiver and Severability
When you visit the Website, or send us e-mails, you are communicating with us electronically. In so doing, you consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this Website. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communication be in writing.
Your Comments and Concerns
This website is operated by 365Pro, LLC, a Ohio limited liability company located at 2335 Buttermilk Crossing, Suite #311, Crescent Springs, KY 41017.
All notices of copyright infringement claims should be sent to the copyright agent designated in Section 11 in the manner and by the means set forth therein.
All other feedback, comments, requests for technical support and other communications relating to the Website should be directed to: email@example.com.