Terms of Use | Execution360

Last updated: January 1, 2022

Please read these Terms and Conditions ("Terms") carefully before using the Execution360 Online Execution Platform (https://www.execution360.com/ and https://execution360.co/index.html) (the "Service") operated by Execution360, Inc. (“360”, "us", "we", “Company” or "our"). THESE TERMS OF SERVICE ("TERMS") CONSTITUTE A CONTRACT BETWEEN YOU AND EXECUTION360 AND GOVERN THE USE OF AND ACCESS TO THE SERVICE AND SITE BY YOU, SUBSCRIBERS, AND END-USERS WHETHER IN CONNECTION WITH A PAID SUBSCRIPTION TO THE SERVICE (“Subscription” or “Service”) OR A FREE TRIAL OF THE SERVICE.

By accepting these Terms, or by accessing or using the Service or Site, or authorizing or permitting a Subscriber or End-User to access or use the Service, you agree to be bound by these Terms. If you are entering into these Terms on behalf of a company, organization, or another legal entity (an "Entity"), you are agreeing to these Terms for that Entity and representing to EXECUTION360 that you have the authority to bind such Entity and its affiliates to these Terms, in which case the terms "Subscriber," "You," "Your," or related capitalized terms herein shall refer to such Entity and its affiliates. If you do not have such authority, or if you do not agree with these Terms, you must not accept these Terms and may not use the Service.

Your access to and use of the Service is conditioned upon your acceptance of and compliance with these Terms. These Terms apply to all visitors, users, and others who wish to access or use the Service. By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the Terms, then you do not have permission to access the Service.

Communications

By creating an Account, you agree to receive newsletters, marketing, or promotional materials. You may opt out of these communications by following the unsubscribe link or instructions provided in any email.

Subscriptions

Some parts of the Service are billed on a subscription basis (“Subscription(s)”) and provide the Subscriber a non-exclusive license to access the platform. During the Subscription Term, subject to compliance with these Terms, you have the limited right to access and use the Service for your internal business purposes. Your Subscription will automatically renew under the same conditions unless otherwise agreed. If automatic billing fails, EXECUTION360 will issue an invoice requiring manual payment within a deadline. All fees are non-refundable unless explicitly stated otherwise.

A stable internet connection is required to access and properly use the Service. You are responsible for maintaining the necessary network connections, including browser software that supports Secure Socket Layer (SSL) or other security protocols required by EXECUTION360. EXECUTION360 is not responsible for any data loss, latency, or service interruptions caused by network issues outside its control, including but not limited to internet outages, firewall restrictions, or third-party service failures.

You agree not to: (a) license, sublicense, sell, rent, or transfer the Service to third parties; (b) use the Service to process data on behalf of third parties; (c) modify or hack the Service; (d) falsely imply sponsorship by EXECUTION360; (e) use the Service unlawfully; (f) transmit unsolicited messages; (g) infringe intellectual property rights; (h) disrupt Service integrity; (i) reverse engineer the Service; (j) post offensive or unlawful content; (k) store or transmit protected health information; (l) introduce malware; or (m) violate these Terms.

Free Trial

EXECUTION360 may offer a Free Trial at its discretion. If billing information is required, no charges will occur until the Free Trial expires. At the end of the Free Trial, unless canceled, you will be automatically charged. EXECUTION360 reserves the right to modify or cancel Free Trials at any time.

Fee Changes

EXECUTION360 may modify Subscription fees with prior notice. Continued use of the Service after fee changes constitutes agreement to the modified fee.

Refunds

Refund requests may be considered on a case-by-case basis and granted at EXECUTION360’s sole discretion.

Content

By posting Content through the Service, you warrant that you have the right to use it and that it does not infringe on any rights. EXECUTION360 reserves the right to terminate accounts for copyright infringement. EXECUTION360 has the right but not the obligation to monitor and edit Content. Users may not reuse EXECUTION360’s proprietary content without written permission.

Accounts

You must be 18 or older to create an account. You are responsible for maintaining account confidentiality and any activity under your account. You must notify EXECUTION360 of any unauthorized use.

Intellectual Property

The Service and its original content remain the exclusive property of EXECUTION360. The rights granted under these Terms do not convey ownership or additional rights. EXECUTION360 has a royalty-free, worldwide, irrevocable license to use feedback from users to improve the Service.

Links to Third-Party Websites

EXECUTION360 is not responsible for third-party content, privacy policies, or services linked through the Service. Users access third-party sites at their own risk.

Termination

We may terminate your account immediately for any reason, including breaches of these Terms. If you wish to terminate your account, contact EXECUTION360. Termination does not affect any obligations or limitations that survive termination, including intellectual property rights, warranty disclaimers, indemnity, and limitations of liability.

Indemnification

You agree to indemnify and hold EXECUTION360 harmless from any claims arising from your use of the Service, breach of these Terms, or infringement of third-party rights.

Data Privacy, Security, and Confidentiality

Both parties will protect each other’s Confidential Information from unauthorized use or disclosure. EXECUTION360 will maintain commercially reasonable security measures but is not responsible for breaches beyond its control. Users link to third-party services at their own risk.

Limitation of Liability

EXECUTION360 shall not be liable for indirect, incidental, or consequential damages. Total liability shall not exceed the amount paid by you in the twelve months preceding the incident. Some jurisdictions do not allow these limitations, so they may not apply to all users.

Disclaimer

The Service is provided “AS IS” and “AS AVAILABLE.” EXECUTION360 does not guarantee uninterrupted or error-free operation. Some jurisdictions do not allow certain warranty exclusions, so they may not apply to all users.

Governing Law

These Terms are governed by California law. If any provision is deemed invalid, the remaining Terms remain in effect.

Changes

We may modify these Terms at any time. If a material change occurs, we will provide notice. Continued use after changes constitutes agreement to the revised Terms.

Contact

If you have any questions about these Terms, please contact us.