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U.S. Phone: 214.383.9464
International Phone: 001.214.383.9464

Twitter for Real Estate Professionals and Mortgage Brokers

Automatic Daily Content Posted to Your Twitter Account
Articles Written Especially for Real Estate Agents
Published as if YOU wrote each article
365 Daily Tweets... written by professional Real Estate Marketers

Get your clients to say...
"My Agent Talks to Me
Daily on Twitter!"

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End User Service Agreement

360 END USER SERVICES AGREEMENT
PLEASE REVIEW THIS END USER SERVICES AGREEMENT (THIS "AGREEMENT") CAREFULLY, AS IT CONSTITUTES A LEGAL AGREEMENT BETWEEN YOU ("YOU" OR "CUSTOMER") AND 360 WEB EXPEDITIONS ("360" OR "WE"). 
YOU HAVE INITIATED USE OF 360's SERVICES. IN ORDER TO USE THESE SERVICES, YOU MUST FIRST READ THIS AGREEMENT AND INDICATE YOUR ACCEPTANCE OF ALL OF THE TERMS AND CONDITIONS SET FORTH BELOW BY SELECTING THE "SUBSCRIBE" BUTTON. IF YOU DO NOT ACCEPT ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU SHOULD CLICK NOT CLICK THE "SUBSCRIBE" BUTTON, IN WHICH CASE YOU WILL NOT BE ALLOWED TO USE THE SERVICES. THIS IS AN AGREEMENT FOR SERVICES AND YOU ARE NOT BEING GRANTED A LICENSE TO ANY SOFTWARE UNDER THIS AGREEMENT.
1. Services. 360 provides on processes and services ("Services") for the electronic distribution of content to customer's Twitter account ("Followers"). Among other things, we provide customer support, and format and transmit the electronic content we are asked to distribute. "Customer" means any person or entity for whom the Services are designed or who uses the Services. 360 assumes that its Services are used by you for business purposes. If you do not intend to use the Services for business purposes, you must contact us at 214.383.9464.  Our customers retain and authorize 360 to transmit messages and provide information to their Followers on their behalf. In the course of providing those Services, Customers may provide us with personal information relating to their Followers. 
2. During the term of this Agreement and subject to the terms and conditions set forth herein and any guidelines, rules or operating policies that 360 may establish and post from time to time on www.360WebExpeditions.com (the "Site"), 360 agrees to use commercially reasonable efforts to provide Customer with the Services. From time to time, 360 may modify the terms and conditions of this Agreement and/or the Policies. All such changes shall become effective upon posting of the revised Agreement and/or Policies, as the case may be, on the Site, and Customer's use of the Services thereafter shall be subject thereto. Customer agrees that its purchase of the Services is neither contingent upon the delivery of any future functionality or features, nor is it dependent upon any oral or written comments made by 360 with respect to future functionality or features.
3. Purchase. Pricing for the Services is based upon standard subscriber level Customer chooses to purchase as indicated in the Order Page. The Order Page is the portion of the service that records the Customer's subscriber level, term, subscription fee, payment method and other account information. Customer's subscriber level may be upgraded (but not downgraded) at any time during the term of this Agreement. 
4. Fees and Payment. In consideration for the Services to be provided by 360, Customer agrees to pay the monthly subscription fees set forth in the Order Page (the "Subscription Fees"). Paid Subscription Fees are non-refundable. Customer acknowledges that from time to time, delivery of messages sent using the Services may be blocked or prevented at the Twitter servers. Customer's payment obligation set forth herein continues regardless of whether delivery of such messages is prevented or blocked by a third party. In consideration for the Professional Services to be provided by 360, if any, Customer agrees to pay the fees posted on www.360WebExpeditions.com at the time of Subscription. Payments for Fees and reimbursements for expenses, if any, will be billed monthly on a reoccurring basis to the Customer's Credit Card. The Fees shall include all applicable foreign, federal, state and local taxes payable with respect to this Agreement. Any payment not received by 360 by the due date may be subject, at 360's sole discretion, to a late fee equal to 1.5% (or the maximum rate permitted by law) of the amount then due, for each month overdue. In the event Customer fails to make timely payments when due, 360 may, at its election, discontinue, terminate or suspend the Services and delete all Customers' Data (as defined below) from its systems, in each case, without incurring any liability to Customer. Despite any such discontinuation or suspension, Customer acknowledges and agrees that it will be required to pay the Subscription Fees for the remainder of the term of this Agreement. For amounts outstanding after thirty (30) days from its receipt of the invoice therefore, Customer shall be responsible for and agrees to pay reasonable costs and expenses of collection, including, but not limited to court and attorneys' fees and expenses. From time to time, and at any time, 360 may require reasonable credit guarantees before continuing its provision of the Services or the Professional Services hereunder.
5. Customers' Follower Data. In offering the Services, we may collect personal information about Followers. 360 will not own any data, information or material that any of its Customers submit to 360 in the course of its provision of the Services ("Customers' Follower Data "). Customers are solely responsible for the accuracy, quality, integrity, legality, reliability, and appropriateness of all Customers' Follower Data, and Customers are responsible for maintaining, securing and storing all Customers' Follower Data in accordance with applicable law. 360 will not be responsible or liable for the deletion, correction, destruction, damage, loss or failure to store any Customers' Follower Data.
6. Customer Information. 360 collects certain personal and business-related information about its Customers in order to provide the Services (the "Customer Information"). If you have provided your contact information, 360 may contact you for marketing purposes by various means, including but not limited to regular mail, email or telephone. When you activate an 360 account, you give your express consent to receive marketing communications via direct mail, email (at the email address you provided when activating your account), telephone (at the number you provided when activating your account), pre-recorded messages (at the number you provided when activating your account), text messages (if you provided a wireless telephone number), instant messages or other communications methods.
7. Disclosures of Customer Information. In addition to the uses of Customer Information set forth in Section 6, Customer agrees that 360 may use the Customer Information in connection with its provision of the Services. If Customer purchased the Services as a result of the marketing efforts of an 360 marketing partner, Customer agrees that 360 may disclose the Customer Information to such marketing partner. Notwithstanding the foregoing, 360 will not provide any Customer Information to any third party without Customer's authorization and will use reasonable efforts to prohibit any third party that receives any such Customer Information from selling or redistributing such Customer Information without Customer's authorization.
8. Passwords. In connection with 360's provision of the Services, Customer will send 360 to their information such as user-IDs and/or passwords which will enable 360 to access the Customer's Account (the "Passwords"). 360 agrees to maintain the Passwords in strict confidence and not to provide the Passwords to any third party. Customer agrees that 360 will not be held liable for loss, misuse, or other unauthorized use of Passwords, including, but not limited to unauthorized posts to Customer's accounts.
9. Proprietary Rights. This is an agreement for services and Customer is not granted any license hereunder. All software used in the Services (the "Software"), and the Services, are and shall remain the sole and exclusive property of 360 or the respective owners of said software. Except as expressly granted in this Agreement, Customer will not have or acquire any rights or interest in or to the Software or the Services. Customer acknowledges that some software may contain proprietary information and trade secrets of 360. Customer will not take any actions inconsistent with 360's ownership of each of 360's rights in and to the Software. Customer agrees that Customer will not directly or indirectly: (i) assign, distribute, license, sublicense, transfer, sell, rent, lease, time share, grant a security interest in, or otherwise transfer any rights in or to the Software, or make the Software available to third parties except as authorized by this Agreement; (ii) modify, translate, reverse engineer, decompile or disassemble the Software for any purpose, including without limitation, the creation of derivative works or similar products; (iii) upload, link to or post any portion of the Software on a bulletin board, intranet, extranet or web site; (iv) use or distribute the Software in violation of any applicable laws, regulations or export restrictions; or (v) possess or use the Software in any format other than machine-readable format. All rights in the Software not explicitly granted herein, are reserved by 360 or the respective owners. 
10. Use of Services. Customer acknowledges and agrees that it will use the Services only to access, employ, utilize, or display the Software solely for Customer's "internal business purposes" by Customer's employees or by independent contractors hired by Customer. For the avoidance of doubt, the term "internal business purposes," as used herein, does not include, among other things, the right to: (i) send spam or otherwise duplicative or unsolicited messages in violation of applicable laws; (ii) send or store infringing, obscene, threatening, libelous, or otherwise unlawful or tortuous material, including material harmful to children or violative of third party privacy rights; (iii) send messages to any purchased (email) lists, distribution lists, newsgroups, or spam email addresses; or (iv) send or store material containing malicious code, including, without limitation, software viruses, worms, Trojan horses or other harmful computer code, files, scripts, agents or programs. Customer agrees to report immediately to 360, and to use best efforts to stop immediately, any violation of the terms and conditions set forth in this Section 12 or any of the Policies.
11. Confidential Information. Each of 360 and Customer, as a Receiving Party (as defined below), will hold confidential, not use except as otherwise authorized herein, and protect from disclosure to unauthorized third parties the Confidential Information (as defined below) of the Disclosing Party (as defined below). In the event that the Receiving Party is required by law to disclose Confidential Information of the Disclosing Party, the Receiving Party will provide the Disclosing Party with prompt written notice of such pending disclosure. For purposes hereof, "Confidential Information" means any information disclosed by one party (the "Disclosing Party") to the other party (the "Receiving Party") that relates to such Disclosing Party's business affairs, internal operations, personnel, financial matters, technology, research and development, product plans or offerings, markets, or know-how. Confidential Information will not include information that: (i) was publicly available, or that subsequently becomes publicly available, except by wrongful disclosure hereunder by the Receiving Party; (ii) was in the Receiving Party's possession prior to receipt of the same from the Disclosing Party, as evidenced by the Receiving Party's prior written records; (iii) was received from a third party who was not known by the Receiving Party to be under any obligation of confidentiality with respect to such information; (iv) can be proven by competent evidence to have been independently developed by the Receiving Party; (v) is furnished by the Disclosing Party to a third party without restriction on the third party's right of disclosure; (vi) is approved in writing for release by the Disclosing Party; or (vii) is required to be disclosed by order of court or law.
12. Representations, Warranties and Covenants. Customer represents, warrants and covenants to 360 that: (i) if an individual, Customer is at least eighteen (18) years old; (ii) if an entity, it is a company duly organized and validly existing in good standing under the laws of the state in which it was organized; (iii) it has full power and authority to enter into this Agreement, which, upon its execution hereof, will constitute a legal, valid and binding obligation enforceable against it in accordance with the terms hereof; (iv) all information provided by it in the Service Order and otherwise during the term of this Agreement, is and will be truthful and accurate; (v) its use of the Services will at all times be in accordance with the terms and conditions of this Agreement, the Policies and all applicable laws, rules and regulations; and (vi) it is not directly or indirectly (as an owner, strategic partner or otherwise) engaged in any business relationship or activity that competes with the Services.
13. Disclaimer of Warranties. THE SERVICES ARE PROVIDED "AS IS" AND WITHOUT REPRESENTATION OR WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, 360 AND ITS AFFILIATES, LICENSORS, DISTRIBUTORS, DEALERS AND SUPPLIERS (COLLECTIVELY, THE "REPRESENTATIVES") DISCLAIM ANY AND ALL REPRESENTATIONS AND WARRANTIES, WHETHER ORAL OR WRITTEN, EXPRESS OR IMPLIED, INCLUDING (WITHOUT LIMITATION) ANY WARRANTY AS TO MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR USE, TITLE, OR NON-INFRINGEMENT, WITH RESPECT TO THE SERVICES. 360 AND THE REPRESENTATIVES DO NOT WARRANT THAT THE SERVICES WILL MEET CUSTOMER'S REQUIREMENTS NOR DO THEY GIVE ANY WARRANTY ABOUT THE RESULTS THAT MAY BE OBTAINED BY USING THE SERVICES.
14. Limitation of Liability. IN NO EVENT WILL 360 OR ANY REPRESENTATIVE BE LIABLE TO CUSTOMER OR ANY OTHER PARTY FOR ANY SPECIAL, INDIRECT, INCIDENTAL, EXEMPLARY, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING FROM OR RELATED TO THE SERVICES, OR TO THE PERFORMANCE OF THIS AGREEMENT, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF DATA, LOSS OF USE, OR LOSS OF PROFITS, EVEN IF 360 OR ITS REPRESENTATIVES HAVE BEEN ADVISED IN ADVANCE OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES. FURTHER, IN NO EVENT WILL 360 AND THE REPRESENTATIVES' TOTAL CUMULATIVE LIABILITY TO CUSTOMER OR ANY OTHER PARTY FOR CLAIMS, LOSSES, OR DAMAGES OF ANY KIND, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, INDEMNITY OR OTHERWISE, ARISING OUT OF OR RELATED IN ANY WAY TO THIS AGREEMENT OR THE SERVICES, EXCEED THE ACTUAL FEES CUSTOMER PAID TO 360 FOR THE SERVICES AS OF THE DATE OF THE CLAIM, LOSS, OR DAMAGE. In the event of any failure, or 360 non-provision, of the Services, Customer's sole and exclusive remedy shall be for 360 to use commercially reasonable efforts to repair or provide the Services.
15. Indemnification. Customer agrees to indemnify, defend and hold harmless 360, the Representatives, and its and their respective affiliates, officers, directors, stockholders, employees, consultants, representatives and agents from any and all claims, liability, damages and/or costs (including, but not limited to, reasonable attorneys' fees) arising from Customer's negligence or intentional misconduct, Customer's violation of any applicable law, including the federal CAN SPAM Act, 15 U.S.C. 7701-7713, this Agreement or the Policies, Customer's breach of any of its representations, warranties or covenants set forth herein, or Customer's infringement of any intellectual property rights or other rights of any person or entity.
16. Term and Termination. The Order Page determines the term of your Agreement. This Agreement will automatically renew and you will continue to be billed for the term indicated on the Service Order if you do not terminate this Agreement by 5PM (CST) on the last business day before the automatic renewal date. 360's billing cycles are on a monthly basis. If Customer desires to terminate this Agreement, such a request can only be made via phone by calling 214-383-9464 prior to 5pm CST of the last business day before the automatic renewal date based on the term indicated in the Service Order. 360 may terminate this Agreement at any time if Customer does not abide by the terms of this Agreement. In the event of any suspected violation of the terms, conditions or restrictions set forth in this Agreement, 360 may immediately disable Customer's access to the Services and suspend its provision thereof. Any default in the performance of any of Customer's obligations hereunder, shall be considered a material breach of this Agreement and shall entitle 360 to terminate immediately this Agreement, to terminate 360's provision of the Services and to pursue all available equitable and legal remedies. Customer acknowledges and agrees that after the thirtieth (30th) day following termination, 360 has no obligation to retain the Customers' Data and may delete and destroy such Customers' Data without providing Customer with notice of such deletion.
17. Governing Law. This Agreement will be governed by the laws of the State of Texas as applied to agreements entered into and performed entirely within the State of Texas, without regard to any choice of law provisions thereof. The rights and obligations of the parties under this Agreement shall not be governed by the provisions of the United Nations Convention on Contracts for the International Sale of Goods.
18. Arbitration. Any dispute or controversy arising under, out of, or in connection with this Agreement shall be resolved by binding arbitration under the commercial rules of the American Arbitration Association before a single arbitrator. Any such arbitration shall be conducted in Dallas, Texas, U.S.A. Judgment upon any award may be entered in any court of competent jurisdiction. The arbitrator shall be designated by mutual agreement of the parties or, if the parties cannot agree on an arbitrator within ten (10) days after a request for arbitration hereunder, each party shall designate one (1) arbitrator and the arbitrators so designated shall designate a third arbitrator who shall conduct the arbitration. The decision of the arbitrator shall be binding and conclusive upon the parties. Notwithstanding the foregoing, 360 shall have the right to seek injunctive relief or other equitable or legal remedies in a court of competent jurisdiction in the State of Texas, to which jurisdiction, for such purpose, Customer hereby irrevocably consents.
19. Relationship. This Agreement does not create a partnership, joint venture or agency relationship between 360 and Customer. Customer does not have any right, power, or authority to act as a legal representative of 360.
20. Assignment. Customer may not transfer, assign, sublicense, or delegate any right or duty under this Agreement to another entity or person without the express written consent of 360. Any such transfer, assignment, sublicense or delegation without consent will be null and void.
21. Severability. In the event that a court of competent jurisdiction determines that any portion of this Agreement is illegal, invalid or unenforceable, such portion will not affect or impair the legality, validity or enforceability of any other provisions of this Agreement.
22. Survival. The provisions of this Agreement that by their nature and context are intended to survive the performance and termination of this Agreement, will survive the completion of performance and termination of this Agreement.
23. Entire Agreement. This Agreement, the Policies and the Statement of Work(s), if any, constitute the entire agreement and understanding between 360 and Customer and supersede all prior and contemporaneous agreements, documents, and proposals, oral or written, between the 360 and Customer, except for any prior agreement addressing confidentiality, which will continue in effect according to its terms following the execution, performance and termination of this Agreement.
24. No Waivers. 360's failure to exercise any of its rights under this Agreement will not constitute or be deemed to constitute a waiver or forfeiture of such rights or of any preceding or subsequent breach or default.
25. Notice. 360 may provide Customer with general notice by electronic mail to Customer's e-mail address of record, or by written communication sent by first class mail or pre-paid post to Customer's address of record, or to such other address designated by Customer and communicated to 360 in accordance with the notice delivery provisions of this Section 28. Such notice shall be deemed to have been given upon the expiration of forty-eight (48) hours after mailing if sent by first class mail or pre-paid post, or twelve (12) hours after sending if sent by electronic mail. Except as otherwise provided herein, Customer must give notice to 360 (such notice shall be deemed given when received by 360) by using one of the following means: 1) letter delivered by a nationally recognized overnight delivery service; or 2) by first class postage prepaid mail to 360 at the following address: 360 Web Expeditions, Attn: Support Department; 906 W. McDermott #116-158 Allen, TX 75013. Notwithstanding the foregoing, Customer must adhere to the terms and conditions set forth above to provide 360 with notice of its intention to terminate this Agreement. Either Customer or 360 may designate a different mailing address for notice delivery by providing the other party with such different address in accordance with the notice delivery provisions of this Section.
26. Consent to Use of Electronic Signatures and Records. As a convenience and courtesy to you, 360 provides access to its Services online which may require you to enter into agreements or receive notices electronically. Accordingly, you acknowledge and agree that by clicking "Subscribe" or "I Accept" anywhere on the Site: (a) you agree to conduct electronically the particular transaction into which you thereby enter including, without limitation, entering into this Agreement; (b) you have read and understand the electronic copy of electronic contracts, notices and records, including, without limitation, this Agreement, the Policies and any amendments hereto or thereto; (c) you agree to, and intend to be bound by, the terms of the particular transaction into which you thereby enter; (d) you are capable of printing or storing a copy of electronic records of transactions into which you enter including, without limitation, this Agreement and any amendments hereto; and (e) you agree to receive electronically information about the Services and other electronic records into which you thereby enter including, without limitation, this Agreement. If you wish to withdraw this consent, please contact us at 214-383-9464, in which case 360 shall have the right to terminate your use of the Services.
27. Export Restrictions. Customer acknowledges that the Services may be subject to U.S. or other countries' export control laws and regulations. Customer agrees not to export, or transfer for the purpose of re-export, the Services (including technical data) in violation of any U.S. or other applicable export control laws and regulations.
28. Miscellaneous. Except as otherwise expressly set forth herein, this Agreement may be amended or modified only by 360 and may not be modified by course of conduct. The section headings used herein are for convenience only and will not be given any legal meaning. This Agreement is made for the benefit of the parties only and there are no intended third party beneficiaries.
BY CLICKING THE "SUBSCRIBE" BUTTON, CUSTOMER ACKNOWLEDGES THAT IT HAS READ THIS AGREEMENT, THAT IT UNDERSTANDS THE PROVISIONS OF THE AGREEMENT AND THAT IT AGREES TO BE BOUND TO AND BY THE TERMS AND CONDITIONS OF THE AGREEMENT.

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360 Web Expeditions is a Business Consulting Company focused on providing strategic Internet Marketing solutions that increase traffic, enhance customer relations, and develop sales for all of our clients.
We are a Dallas, Texas (USA) based company.

360 Web Expeditions | Phone: 214.383.9464 | Email: answers@360webexpeditions.com
906 W. McDermott #116-158 Allen, TX 75013