channel-360 Privacy Policy and Terms of Use
Personal
Information
Information Uses
Your Choices
Disclaimer
Limitation of Liability
Indemnification
Applicable
Laws
Arbitration
General
Personal Information
In general, you can visit us on the Internet without telling us who you are or
giving us personal information. There are times when we may need information
from you, for instance: when you request information or in
connection with a job application.
Information Uses
To fulfill your requests by us or by others involved in fulfillment.
By channel-360 and selected organizations for marketing and sales purposes if you have permitted such use.
In an non-identifiable format for analysis (e.g. Webalizer)
Your Choices
When we collect information from you, you may tell us that you do not want it
used for further marketing contact and we will respect your wishes. You may also
turn off cookies in your browser
Disclaimer
channel-360 makes no warranties or representations about the accuracy or completeness
of this site's content.
THIS SITE AND THE MATERIALS, INFORMATION, SERVICES, AND PRODUCTS IN THIS SITE,
INCLUDING, WITHOUT LIMITATION, TEXT, GRAPHICS, AND LINKS, ARE PROVIDED "AS IS"
AND WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. TO THE FULLEST
EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, CHANNEL-360 DISCLAIMS ALL WARRANTIES,
EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF
MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, FREEDOM
FROM COMPUTER VIRUS, AND WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF
PERFORMANCE. CHANNEL-360 DOES NOT REPRESENT OR WARRANT THAT THE FUNCTIONS CONTAINED
IN THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED,
OR THAT THIS SITE OR THE SERVER THAT MAKES THE SITE AVAILABLE ARE FREE OF
VIRUSES OR OTHER HARMFUL COMPONENTS. CHANNEL-360 DOES NOT MAKE ANY WARRANTIES OR
REPRESENTATIONS REGARDING THE USE OF THE MATERIALS IN THIS SITE IN TERMS OF
THEIR COMPLETENESS, CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS,
RELIABILITY OR OTHERWISE. THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Limitation of Liability
IN NO EVENT SHALL CHANNEL-360 BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE,
INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL, DAMAGES, OR ANY DAMAGES WHATSOEVER, EVEN
IF CHANNEL-360 HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES,
WHETHER IN AN ACTION UNDER CONTRACT, NEGLIGENCE, OR ANY OTHER THEORY, ARISING
OUT OF OR IN CONNECTION WITH THE USE, INABILITY TO USE, OR PERFORMANCE OF THE
INFORMATION, SERVICES, PRODUCTS, AND MATERIALS AVAILABLE FROM THIS SITE. THESE
LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY
LIMITED REMEDY. BECAUSE SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG
AN IMPLIED WARRANTY LASTS, OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR
CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Indemnification
You agree to indemnify, defend, and hold harmless channel-360, its officers,
directors, employees, agents, licensors and suppliers (collectively the
"Provider") from and against all losses, expenses, damages and costs, including
reasonable attorneys' fees, resulting from any violation of these terms and
conditions or any activity related to your Internet account (including negligent
or wrongful conduct), by you or any other person accessing the site using your
Internet account.
Applicable Laws
Your use of this site shall be governed in all respects by the laws of the State
of California, U.S.A., without regard to choice of law provisions. You agree
that jurisdiction over and venue in any legal proceeding directly or indirectly
arising out of or relating to this site (including but not limited to the
purchase of channel-360 products) shall be in the state or federal courts
located in San Diego County, California. Any cause of action or claim you may have with
respect to the site (including but not limited to the purchase of channel-360
products) must be commenced within one (1) year after the claim or cause of
action arises. channel-360' failure to insist upon or enforce strict performance of
any provision of these terms and conditions shall not be construed as a waiver
of any provision or right. Neither the course of conduct between the parties nor
trade practice shall act to modify any of these terms and conditions. channel-360 may
assign its rights and duties under this agreement to any party at any time
without notice to you.
channel-360 makes no representation that materials in the site are appropriate or
available for use in other locations, and access to them from territories where
their content is illegal is prohibited. Those who choose to access this site
from locations outside California do so on their own initiative and are
responsible for compliance with applicable local laws. You may not use or export
the materials in violation of U.S. export laws and regulations. Any claim
relating to the materials shall be governed by the internal substantive laws of
the State of California.
Arbitration
By using this site, you agree that channel-360, at its sole discretion, may require
you to submit any disputes arising from the use of this site, or these terms and
conditions concerning or, including disputes arising from or concerning their
interpretation, violation, nullity, invalidity, non-performance or termination,
as well as disputes about filling gaps in this contract or its adaptation to
newly arisen circumstances, to final and binding arbitration under the
International Rules of Arbitration of the American Arbitration Association, by
one or more arbitrators appointed in accordance with the said Rules.
Notwithstanding these rules, however, such proceeding shall be governed by the
laws of the state as set forth in the previous section.
Any award in an arbitration initiated under this clause shall be limited to
monetary damages and shall include no injunction or direction to any party other
than the direction to pay a monetary amount. Further, the arbitrator(s) shall
have no authority to award punitive, consequential or other damages not measured
by the prevailing party's actual damages in any arbitration initiated under this
section, except as may be required by statute.
General
channel-360 may revise these Terms at any time by updating this posting. You should
visit this page from time to time to review the then-current Terms because they
are binding on you. Certain provisions of these Terms may be superseded by
expressly designated legal notices or terms located on particular pages at this
site.
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