36 Dollar 360 Terms of Service

SVI, LLC, an Arkansas limited liability company, (“SVI”) provides the 36 Dollar 360 product, and owns 36Dollar360.com.  Before you register to use 36 Dollar 360 or 36Dollar360.com, you must read and agree to these terms of service (“Terms of Service”).  By using the 36 Dollar 360 product or 36Dollar360.com (the “Service”), you agree to be bound by the Terms of Service as if it were a written negotiated agreement signed by SVI and you.

SVI reserves the right to update and change the Terms of Service from time to time without notice.  Any new features that alter or augment (a “Modification”) the current Service, including the release of new tools and resources, shall be subject to the Terms of Service.  Continued use of the Service after any Modification constitutes your consent to be bound to such Modification pursuant to the Terms of Service. You can review the most current version of the Terms of Service online at: www.36Dollar360.com/terms-of-service. You acknowledge and agree that it is your responsibility to review the Terms of Service periodically and be aware of any Modifications.

Eligibility

  1. You must be at least eighteen (18) years of age to use the Service. Each time you use the Service, you are representing to SVI that you are an individual eighteen (18) years of age or older.
  2. You must provide your current, accurate identification, contact, and other information that may be required as part of the registration process and/or continued use of the Service.
  3. You are responsible for maintaining the confidentiality of your Service password and account. Any statements made and acts or omissions that occur using your Service password and account, including any charges incurred, is your responsibility.
  4. SVI reserves the right to refuse access to the Service to anyone at any time without notice for any reason.
  5. You are responsible for providing, at your own expense, all equipment and internet access necessary to use the Service.

Proper Use

You agree that you will use the Service in compliance with all applicable local, state, national, and international laws, rules, and regulations, including any laws regarding the transmission of technical data exported from your country of residence. You shall not, shall not agree to, and shall not authorize or encourage any third party to:

  1. Use the Service to upload, transmit or otherwise distribute any content that is unlawful, defamatory, harassing, abusive, fraudulent, obscene, contains viruses, or is otherwise objectionable as reasonably determined by SVI.
  2. Use the Service for any fraudulent or inappropriate purpose.
  3. Resell, duplicate, reproduce or exploit any part of the Service without the express written permission of SVI.

Violation of any of the foregoing may result in immediate termination of the Terms of Service, termination of your right to use the Service and may subject you to state and federal penalties and other legal consequences.

Payment Terms

  1. Registered users may use certain features of the Service free of charge. These features include, but are not limited to those necessary to prepare a 360-degree assessment (a “360° Assessment”) for launch.
  2. To launch a 360° Assessment, users must purchase report credits. A report credit represents feedback from one 360° Assessment launch for one target (person being assessed) and includes an unlimited number of raters (those assessing the target). A 360° Assessment can be launched once the user’s account is loaded with a number of report credits equal to or greater than those targets identified in the 360° Assessment.
  3. Payment via valid credit card is required for orders of fewer than 100 report credits. When placing an order of 100 or more report credits, payment may be made by valid credit card, check or EFT.
  4. When paying by check or EFT, 360° Assessments may be launched prior to receiving funds; however, funds must be received before report credits are made available.
  5. If a credit card company refuses to pay the amount billed for report credits, you agree that we may, at our option, suspend or terminate your Service account and require you to pay such amount by other means acceptable to SVI.
  6. All fees are exclusive of all taxes, levies or duties imposed by taxing authorities, and, unless otherwise provided by law, you shall be responsible for payment of all such taxes, levies or duties.
  7. Once loaded, the report credits loaded for an account do not expire. The report credits decrease only when a user launches 360° Assessments. Report credits decrease according to the number of targets specified.
  8. Pricing discounts are based on the cumulative number of report credits purchased over the life of the account. Once a user reaches a discount threshold, all report credits purchased at that time and thereafter are priced according to the applicable discount.

Modification to the Service and Fees

  1. SVI reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice.
  2. Prices of the Service are subject to change upon 30 days notice from us. Such notice may be provided at any time by posting the changes to the 36 Dollar 360 site (36Dollar360.com) or the Service itself.
  3. SVI shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.

Cancellation and Termination

You are solely responsible for the proper cancellation of your account. You may cancel your account at any time by clicking on the “My Account” tab and then selecting the “Close Account” link. Any other form of request, such as through email or by phone, to cancel your account will not be a valid cancellation. There will be no refund if you cancel the Service before using the balance of any loaded report credits. There is no cancellation fee and cancellation is immediate. Upon cancellation, any communication, information or material that you have transmitted, in any manner, to SVI or 36Dollar360.com (“Content”) will be immediately deleted from the Service. SVI may at any time and for any reason terminate the Service, terminate the Terms of Service, or suspend or terminate your account. In the event of termination, your account will be disabled and you may not be granted access to your account or any files or other content contained in your account although residual copies of information may remain in our system.

Copyright and Content Ownership

  1. You acknowledge that SVI owns all right, title and interest in and to the Service, including, without limitation, all intellectual property rights, and U.S. and international intellectual property laws protect such rights.
  2. You agree that you will not copy, reproduce, alter, modify or create derivative works from the Service.
  3. You also agree that you will not use any robot, spider, other automated device or manual process to monitor or copy any content from the Service.
  4. Except as otherwise provided by the privacy policy for 36Dollar360.com, any Content will be treated as non-confidential and non-proprietary.
  5. SVI claims no intellectual property rights over the Content.
  6. SVI does not pre-screen Content, but SVI and its designees have the right (but not the obligation) in their sole discretion to refuse or remove any Content.
  7. The look and feel of the Service is copyright© 2011 SVI, LLC. All rights reserved. You may not duplicate, copy, or reuse any portion of the HTML/CSS or visual design elements without express written permission from SVI.

General Conditions

  1. Your use of the Service is at your sole risk, and you will be solely responsible for any damage to your computer system or loss of data that results from such use.
  2. The Service is provided on an “AS IS” and “AS AVAILABLE” basis WITHOUT WARRANTY OF ANY KIND. SVI does not warrant, without limitation, that:

    a. The Service will meet your requirements or expectations;

    b. The Service will be timely, uninterrupted or error-free;

    c. The Service will operate in combination with any other hardware, software, system or data;

    d. That the Service, any electronic communication received regarding the Service, or the servers used in connection with the Service are or shall remain free from any viruses, worms, or other harmful components;

    e. Technical glitches or errors will be corrected; and

    f. The mathematical calculations performed by the Service are accurate.

  3. Technical support is only provided to paying account holders and is only available via email.
  4. SVI makes no representation that the Service is appropriate or available for use in locations outside the United States. Use of the Service in locations where the content is illegal is prohibited. Any offer for any product, service and/or information made in connection with the Service is void where prohibited.
  5. SVI uses third-party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Service.
  6. You must not modify, adapt or hack the Service or modify another website so as to falsely imply that it is associated with the Service, SVI or any other SVI service.
  7. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express written permission of SVI.
  8. We may, but have no obligation to, remove Content and accounts containing Content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or the Terms of Service.
  9. The technical processing and transmission of the Service, including your Content, may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
  10. You must not upload, post, host, or transmit unsolicited email, SMSs, or “spam” messages.
  11. You must not transmit any worms or viruses or any code of a destructive nature.
  12. If your bandwidth usage exceeds 300 MB/month, or significantly exceeds the average bandwidth usage (as determined solely by SVI) of other 36 Dollar 360 customers, we reserve the right to immediately disable your account or throttle your file hosting until you can reduce your bandwidth consumption.
  13. Any hyperlinks to other web sites maintained by third parties may be provided on 36Dollar360.com. Such links are provided only as a convenience to you. The content on such linked web sites is not under SVI’s control and SVI is not responsible for such. If you access any of the linked third party web sites, you do so entirely at your own risk.

Limitation on Liability

Your exclusive remedy and our entire liability, if any, for any claims arising out of the Terms of Service and your use of the Service shall be limited to the amount you paid us for the Service. IN NO EVENT SHALL SVI BE LIABLE TO YOU FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER. Any cause of action brought by you against SVI, its affiliates, officers, agents and employees must be instituted within one year after the cause of action arises or it will be deemed forever waived and barred.

Indemnification

You agree to indemnify and hold SVI, and its affiliates, officers, agents, and employees harmless from and against any third-party claim arising from or in any way related to your use or misuse of the Service, including any liability or expense arising from all claims, losses, damages, suits, judgments, litigation costs and attorneys’ fees, of every kind and nature. In such a case, SVI will provide you with written notice of such claim to the email address or mailing address supplied as part of your registration process.

Governing Law

The Terms of Service shall be governed by and interpreted pursuant to the laws of the State of Arkansas without regard to principles of conflicts of laws that would require or permit the application of any other law. All matters arising out of or relating to the use of the Service shall be brought in the courts of the State of Arkansas in the County of Washington. Each of us agrees and irrevocably submits to the exclusive jurisdiction of such courts and waives any objection either may now or hereafter have to venue or to convenience of forum.

Entire Agreement 

The Terms of Service constitute the entire agreement between SVI and you and supersede all prior agreements and understandings relating to the subject matter of the Terms of Service (including, but not limited to, any prior versions of the Terms of Service). In the event of a conflict or inconsistency between the Terms of Service and anything associated with the Service, the Terms of Service will take precedence. The Terms of Service may not be altered, supplemented or amended by the use of any other document(s). Any attempt to alter, supplement or amend the Terms of Service or to purchase report credits that are subject to additional or altered terms and conditions shall be null and void.

Assignment

You may not assign or delegate your rights and obligations under the Terms of Service, in whole or in part, by operation of law or otherwise, to any party and any purported attempt to do so will be null and void. SVI may assign its rights and obligations under the Terms of Service.

Severability

The provisions of the Terms of Service will be enforced to the fullest extent permissible and the unenforceability of any provision or provisions of the Terms of Service will not render unenforceable, or impair, the remaining provisions of the Terms of Service. Accordingly, if any provision of the Terms of Service is determined to be invalid or unenforceable, either in whole or in part, the Terms of Service will be deemed amended to delete or modify, as necessary, the offending provision and to alter the balance of the Terms of Service in order to render it valid and enforceable.

Waiver

A waiver of SVI to exercise or enforce any right or provision of the Terms of Service:  (a) shall not be construed as a waiver of any other provision of the Terms of Service; (b) shall be applicable only to the specific instance and for the specific period in which the waiver may be given; (c) shall not be construed as a permanent waiver of any provision of the Terms of Service; and (d) shall not affect any right or remedy available to SVI. 

If you have any questions regarding the Terms of Service or if you wish to discuss the terms and conditions contained herein, please contact SVI at info@sviworld.com.