PLEASE READ THESE TERMS OF USE AND THE MPACT 360 PRIVACY NOTICE BEFORE USING THE WEB SITES OR MPACT 360 APPS.
The web sites which are located at the domain name mpact360.com, mpact360.co and mpact360.net or mobile apps available for download (the “Web Sites”) are operated by MPACT 360 LLC of Missouri. These Web Sites Terms of Use (“Agreement” or “Terms of Use”) govern your access to and use of the Web Sites and apply to all services and sub-sites available under the domain name mpact360.com, mpact360.co and mpact360.net, as well as all text, audio, video, images, graphics, materials, online communications and other information and content that are or become available on the Web Sites (collectively, the “Information”). By using the Web Sites, you (“you” or “User”) signify your acceptance of these Terms of Use and your acknowledgement that the information that you provide, directly or indirectly, through the Web Sites will be managed in accordance with the MPACT 360 Privacy Notice.
IF YOU DO NOT ACCEPT THESE TERMS OF USE, YOU ARE NOT AUTHORIZED TO ACCESS OR USE THE WEB SITES.
Solicitation or Offer. The Web Sites are designed to primarily to provide general information about MPACT 360, its products and services, and its related companies. Any product described on the Web Sites may have exclusions, limitations, reductions in benefits and terms under which it may be continued in force or discontinued. For more information, please consult a sales associate and/or your membership contract. Some products and/or services may not be available in all states or provinces. Your eligibility for any particular product or service is subject to final determination by MPACT 360. The Sites may offer general information about business law and the legal portion of MPACT 360 membership plans; but they do not provide legal advice. MPACT 360 is not a law firm. Use of the Sites does not create an attorney-client relationship. The Sites should not be used as a substitute for the advice of an attorney.
Privacy Policy. MPACT 360 adheres to all applicable laws regarding the privacy of information submitted by Users of this Site. To receive information about the privacy policy applicable to the Web Sites, please visit our Privacy Notice. This Privacy Notice, incorporated herein by reference, explains what information MPACT 360 may collect or gather from you on or through the Web Sites and how we will use and protect your information. MPACT 360 may use data collected from the sites, including history data, or cookies in accordance with the Privacy Policy. Although the Web Sites contain links to other web sites, MPACT 360 is not responsible for the privacy practices employed by other web sites. In addition, unless stated otherwise, MPACT 360 cannot guarantee the security of any data is submitted through the Internet, or by e-mail.
User Eligibility. The Web Sites should only be accessed and used by individuals who agree to be bound by these Terms of Use and who are at least 18 years of age. The Web Sites may be accessible worldwide; however, the Web Sites are intended for use only in the USA. If you access/use the Web Sites from outside the USA, you do so at your own risk and are responsible for complying with the laws and regulations of the territory from which you access/use the Web Sites. MPACT 360 makes no representation that materials on the Web Sites are appropriate or available for use in locations outside of the USA, and accessing them from territories where their contents are illegal is prohibited.
Changes to Terms of Use. MPACT 360 reserves the right, in its sole discretion, to revise, change, or modify these Terms of Use at any time. We will incorporate all material changes to these Terms of Use on this page. Notice of any change may be given in any manner we choose that complies with law, including, but not limited to posting a notice of such changes on the Web Sites. We encourage you to review this page periodically for the most recent version of these Terms of Use. Any use by a User of the Web Sites following notice of such changes shall be deemed to constitute acceptance by that User of those changes to the Terms of Use. Copyright. All rights reserved. The material and images contained on the Web Sites are protected by copyright and are owned by MPACT 360 unless otherwise indicated. No material from the Sites may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way.
Trademarks. The trademarks, service marks and logos used and displayed on the Sites are registered and unregistered trademarks of MPACT 360, unless otherwise noted. Nothing on the Sites should be construed as granting, by implication, estoppel or otherwise, any license or right to use any trademark displayed on the Sites.
Ownership and License. The Web Sites and the information, computer code, and related functionality appearing, featured or otherwise displayed on the Web Sites are owned by MPACT 360, its affiliates, and their respective licensors or other third parties and protected under the copyright, trademark and other laws of the United States and other countries sand international treaty provisions. We grant to you a limited, non-exclusive, non-transferable license to use the Web Sites in strict accordance with these Terms of Use and the instructions provided by us on the Web Sites. The materials provided on the Web Sites, including, without limitation, the Information, computer code, and related functionality, are for your personal, private and non-commercial use only. Except as may be explicitly permitted through the Web Sites, you may not copy, modify, upload, republish, distribute, display, post, license, create derivative works from, or transmit anything you obtain from the Web Sites, including anything you download from the Web Sites, unless you first obtain our written consent. Any rights not expressly granted herein are reserved to MPACT 360 and its affiliates. You may not remove, obscure, or otherwise deface proprietary notices appearing on the Web Sites, or any content or Information. Any unauthorized use of the Web Sites or its contents may violate copyright laws, trademark laws, the laws of privacy and publicity and communications regulations and statutes.
Restrictions on Use. As a condition of your use of the Web Sites, you warrant to MPACT 360 you will not use the Web Sites for any purpose that is unlawful or prohibited by these terms, conditions and notices. You may not use the Web Sites in any way that could damage, disable, overburden or impair the Web Sites or interfere with any other party’s use and enjoyment of the Web Sites. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the MPACT 360 Web Sites. This includes without limitation the following activities: Provide false or misleading registration information, disclose your username or password to anyone else, or use an account, username, password, or personal information of another user; Harvest or collect information about any users of the Web Sites; Transmit or facilitate the transmission of any “junk mail,” “chain letters,” or unsolicited mass mailing or “spamming” in connection with the Web Sites; Use any robot, spider, site search/retrieval application or automatic device to retrieve, index “data mine” or in any way reproduce or circumvent the navigational structure or presentation of the Web Sites or any content or Information of the Web Sites; Modify the Information, content, programs or other materials on the Web Sites or hack into or access the MPACT 360 servers or Web Sites in an unauthorized manner; Frame or mirror any part of the Web Sites, without the express permission of MPACT 360; Reverse engineer, decompile, disassemble, translate or otherwise alter any portion of the Web Sites; Upload or input to the Web Sites any information that contains viruses, Trojan horses, worms, time bombs, or other computer programming routines that are intended to damage, interfere with, intercept, or expropriate any portion or system of the Web Sites. You agree that your use of the Web Sites may be suspended or terminated immediately upon receipt of any notice which alleges that you have used the Web Sites in violation of these Terms of Use and/or for any purpose that violates any local, state, federal or law of the USA or other jurisdictions, including, but not limited to, the posting of information that may violate third party rights, may defame a third party, may be obscene or pornographic, may harass or assault others, or may violate any laws, rules or regulations, including, hacking or other criminal regulations. You understand that actions in violation of these Terms of Use may subject you to serious civil and criminal legal penalties and MPACT 360 reserves the right to pursue penalties and other remedies to the fullest extent of the law to protect our rights.
Trademarks / Third Party Content. MPACT 360 may display and distribute content and Information supplied by third parties on the Web Sites. MPACT 360 does not guarantee the accuracy, completeness or usefulness of, or endorse, any content or Information of any third party. Any opinions, advice, statement, services, offers or other content or Information expressed or made available by third parties, including, without limitation, information providers or any other user of the Web Sites, are those of the respective author(s) or distributor, and not MPACT 360. All trademarks, service marks, trade names, logos, trade dress, icons and domain names located on the Web Sites are the property of MPACT 360, its affiliates, their respective licensors or other third parties. Nothing contained on the Web Sites should be construed as granting, by implication or otherwise, any license or right to use any trademark, service mark, trade name, logo, trade dress, icon and domain name displayed on the Web Sites, without the written permission of MPACT 360 or the applicable third party that may own the marks or names displayed on the Web Sites. Your use of the trademarks, service marks, trade names, trade dress, logos, icons and domain names displayed on the Web Sites, or any other content or Information on the Web Sites, except as provided herein, is strictly prohibited.
Passwords and Security. Certain aspects of the Web Sites may require registration. You agree that if you are issued a username and password in connection with access to or use of any of the Web Sites, you are responsible for keeping such information secret and strictly confidential. You accept responsibility for all activities that occur under your username and/or password, including, without limitation, all communications, submissions or financial obligations. You are responsible for changing your password if you believe that your password or user name has been lost, stolen or might otherwise by misused. You agree to notify us immediately of any unauthorized use of your username or password or if any other breach of security is suspected by you.
External Links. The Web Sites may provide links to other web sites or resources which are not maintained or controlled by MPACT 360 (collectively “Linked Sites”). MPACT 360 is neither responsible for, nor aware of, the content of those Linked Sites. The inclusion of any hyperlinks to Linked Sites does not imply approval of or endorsement by MPACT 360 of those Linked Sites, or content, products and services offered on those Linked Sites. MPACT 360 expressly disclaims any responsibility for the content, copyright compliance, accuracy of the information and/or the quality of the goods or services provided by or advertised on any Linked Sites, and in no event shall MPACT 360 be held responsible or liable, directly or indirectly, for any loss or damage caused or alleged to have been caused in connection with the use of or reliance on any content, goods or services available on any Linked Sites. Any concerns regarding any Linked Sites should be directed to that respective web site, rather than to MPACT 360 or the Web Sites. You are cautioned to read the terms of use and privacy polices provided on any Linked Site before using the Linked Site. Disclaimer of Warranties. MPACT 360 MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE WEB SITES, THE SUITABILITY OF THE INFORMATION CONTAINED ON OR RECEIVED THROUGH THE WEB SITES, OR ANY SERVICES OR PRODUCTS RECEIVED THROUGH THE WEB SITES. ALL INFORMATION AND USE OF THE WEB SITES ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. MPACT 360 HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES WITH REGARD TO THE WEB SITES, THE INFORMATION CONTAINED ON OR RECEIVED THROUGH USE OF THE WEB SITES AND ANY SERVICES OR PRODUCTS RECEIVED THROUGH THE WEB SITES, INCLUDING ALL EXPRESS, STATUTORY AND IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. MPACT 360 DOES NOT WARRANT THAT THE CONTENTS OR ANY INFORMATION RECEIVED THROUGH THE WEB SITES ARE ACCURATE, RELIABLE OR CORRECT; THAT THE WEB SITES WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE CONTENTS OR ANY INFORMATION RECEIVED THROUGH THE WEB SITES ARE FREE OF VIRUSES OR OTHER DESTRUCTIVE OR HARMFUL COMPONENTS. YOUR USE OF THE WEB SITES IS SOLELY AT YOUR OWN RISK. USER EXPRESSLY AGREES THAT IT HAS RELIED ON NO WARRANTIES, REPRESENTATIONS OR STATEMENTS OTHER THAN IN THIS AGREEMENT. SHOULD USER PURCHASE AN MPACT 360 PRODUCT FROM MPACT 360 OR A THIRD PARTY, THE TERMS AND CONDITIONS OF SALE APPLICABLE TO THAT TRANSACTION WILL GOVERN SUCH PURCHASE AND USE OF THE WEB SITES DOES NOT AFFECT THAT PURCHASE IN ANY MANNER. BECAUSE SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES, THE EXCLUSIONS MAY NOT APPLY TO YOU BUT SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY LAW OF YOUR JURISDICTION.
Limitation of Liability. UNDER NO CIRCUMSTANCES SHALL MPACT 360 BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OR LOST PROFITS THAT RESULT FROM, OR ARISE OUT OF OR IN CONNECTION WITH THE USE OF, OR INABILITY TO USE THE WEB SITES, THE INFORMATION CONTAINED ON OR RECEIVED THROUGH USE OF THE WEB SITES, OR ANY SERVICES OR PRODUCTS RECEIVED THROUGH THE WEB SITES. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER BASIS, EVEN IF MPACT 360 HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, MPACT 360’S LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY THE LAW OF YOUR JURISDICTION.
Indemnification. You agree to defend, indemnify and hold harmless MPACT 360, its affiliates and subsidiaries, and all of their respective directors, officers, employees, representatives, sales associates, proprietors, partners, shareholders, principals, agents, predecessors, successors and assigns from and against any and all claims, proceedings, damages, injuries, liabilities, losses, costs and expenses (including attorney’s fees and litigation expenses) relating to or arising from your use of the Web Sites, any breach by you of these Terms of Use, your negligent or intentional acts, errors or omissions in regard to the subject matter of these Terms of Use, or your failure to comply with applicable laws in your use of the Web Sites.
Submissions. We do not accept or consider creative suggestions, ideas or other materials other than those MPACT 360 has specifically requested. If, despite our request that you not send us any creative materials, you send us comments, suggestions, ideas, concepts, drawings, pictures or other materials (collectively, the “Submissions”), the Submissions shall be deemed, and shall remain, the property of MPACT 360. None of the Submissions shall be subject to any obligation of confidentiality on the part of MPACT 360 or its affiliates, and neither MPACT 360 nor any of its affiliates shall be liable for any use or disclosure of any of the Submissions. Without limitation of the foregoing, MPACT 360 shall exclusively own all now known or hereafter existing rights to the Submissions of every kind and nature through the world and shall be entitled to unrestricted use of the Submissions for any purpose whatsoever, commercial or otherwise, in any form of media, now known or hereafter created or perfected, without compensation or attribution to the provider of the Submissions. Changes to Web Sites. MPACT 360 shall have the right at any time to change or discontinue any aspect or feature of the Web Sites, including, but not limited to, content, hours of availability and equipment and/or software required for access or use of the Web Sites or any portion of the Web Sites.
Termination. We reserve the right to terminate a User’s use of the Web Sites at any time without notice. Without limiting the foregoing, we shall have the right to immediately terminate these Terms of Use with any User without notice or to terminate or suspend access by that User to the Web Sites or cancel any orders, if applicable, placed by that User if, in MPACT 360’s sole discretion, the User breaches any term or provision of these Terms of Use or fails to comply with any instructions posted on the Web Sites. The provisions of the following Sections shall survive termination or expiration of this Agreement: External Links, Disclaimer of Warranties, Limitation of Liability, Indemnification, Choice of Law and Forum, Termination, and Software Licenses. Monitoring. The Web Sites generally do not pre-screen, monitor or edit the content posted by Users of the Web Sites. MPACT 360 and its agents and representatives have the right, at their sole discretion, but no obligation, to monitor the use and content of the Web Sites and reserve the right to edit, refuse to post or remove any content or Information that, in MPACT 360’s sole judgment, does not comply with these Terms of Use or is otherwise objectionable.
Software License(s). Any software that is made available to download from the Web Sites (“Software”) is owned or licensed by MPACT 360 and/or its affiliates or suppliers and is subject to United States and international copyright, trade secret, trademark and other laws protecting intellectual property. Use of the Software is governed by the terms of the end user license agreement, if any, which accompanies or is included with the Software, unless acceptance of a different license agreement is required prior to downloading the Software (the “License Agreement”). The Software is made available for downloading solely for use by end users according to the License Agreement. Any reproduction or redistribution of the Software not in accordance with the License Agreement is expressly prohibited and may result in civil and criminal penalties. Without limiting the foregoing, copying or reproduction of the Software to any other server or location for further reproduction is expressly prohibited. The Software is warranted, if at all, only in accordance with the terms of the License Agreement. EXCEPT AS WARRANTED IN THE APPLICABLE LICENSE AGREEMENT FOR THAT SOFTWARE, MPACT 360 HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT. You acknowledge that any Software available or provided to you on the Web Sites may contain technology that is subject to strict controls by various agencies of the United States Government pursuant to United States export control laws and regulations. You hereby agree that you will not transfer or export such software from the United States or re-export such Software outside the United States in violation of United States export laws and regulations. MPACT 360 does not authorize the downloading or exportation of any software or technical data from the Web Sites to any jurisdiction prohibited by the United States export control laws and regulations.
Choice of Law and Forum. The Web Sites are controlled by MPACT 360 from its offices within the State of Missouri in the USA. To the fullest extent permitted by applicable law, these Terms of Use and any actions or claims arising out of or in relation to these Terms of Use or the use of the Web Sites will be governed by and construed in accordance with the statutes and laws of the State of Missouri, without regard to its conflicts of laws principles. Except where prohibited by law, any claim or dispute shall be subject to the sole and exclusive of the federal and state courts in St. Louis County, Missouri, and you hereby consent to the personal jurisdiction of those courts and waive any and all jurisdictional and venue defenses otherwise available. Any legal proceedings shall be conducted in English.
Miscellaneous. If any provision of these Terms of Use is held to be unlawful, void or unenforceable for any reason, that provision will be deemed severable and shall not affect the validity or enforceability of any other provision. These Terms of Use constitute the entire agreement between you and MPACT 360 regarding your use of the Web Sites.
