The 360modern.com web site is owned and operated by 360 Degrees Modern, LLC, a Washington limited liability company (hereafter “360 Modern”). Your continued use of the Services provided through the Site constitutes your acceptance of these Terms and the terms of the applicable Services Addendum governing the particular Services provided to you pursuant to that Services Addendum.
These Terms constitute part of the Agreement regarding the Services between you and 360 Modern. These Terms provide important information to you, including information about your obligations when using the Services, about content you access through the Services, about content you contribute to the Services, and about the limits of our liability to you. By accessing, downloading, or using any portion of the Services, you signify that you accept the terms of the Agreement.
The Services are, in whole or in part, accessible through the Site. Your use of and access to each Service is subject to these Terms and the terms of the applicable Services Addendum. Please review each applicable Services Addendum because your use of the corresponding Site and Service constitutes your agreement to the terms of the Services Addendum.
PLEASE NOTE: WHERE PERMITTED BY APPLICABLE LAW, WHEN YOU AGREE TO THIS AGREEMENT AND THESE TERMS YOU ARE AGREEING (WITH LIMITED EXCEPTION) TO RESOLVE ANY CLAIM BETWEEN YOU AND 360 Modern THROUGH BINDING, INDIVIDUAL ARBITRATION RATHER THAN IN COURT. PLEASE REVIEW CAREFULLY SECTION 2.13.9 BELOW FOR DETAILS REGARDING ARBITRATION (INCLUDING THE PROCEDURE TO OPT OUT OF ARBITRATION). THIS AGREEMENT ALSO CONTAINS A CLASS ACTION WAIVER.
BY ENTERING INTO THIS AGREEMENT, YOU ACKNOWLEDGE THAT YOU UNDERSTAND THIS AGREEMENT AND AGREE TO ALL OF ITS TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU MAY NOT USE OR ACCESS THE SERVICES.
1.1. "AAA" means the American Arbitration Association.
1.2. "AAA Rules" means the Consumer Arbitration Rules of the AAA.
1.3. "Agreement" means, collectively and as applicable to you, these Terms, the applicable Services Addendum, and all other applicable terms, conditions, and policies, including Privacy Notice, that we make available to you in connection with your use of the Services.
1.4. "Claim" means any dispute, controversy or claim arising between you and 360 Modern.
1.5. "Class Action Waiver" has the meaning set forth in Section 184.108.40.206 of these Terms.
1.6. "Feedback" means feedback, comments, and suggestions for improvements in connection with the Sites and Services.
1.7. "360 Modern" or "360 Modern" or "our" or "we" means, collectively or as applicable to you, the specific entity, and/or the affiliates of such entity, providing the Services as identified in the applicable Services Addendum.
1.8. "Services Addendum" means any applicable addendum incorporated by reference into this Agreement that contains additional terms and provisions concerning the respective Services.
1.9. "Services" means, collectively or as applicable to you, the Sites and services provided by 360 Modern pursuant to this Agreement and any applicable Services Addendum.
1.10. "Sites" means the websites and mobile applications maintained by or on behalf of 360 Modern through which 360 Modern may offer services.
1.12. "Testing" has the meaning set forth in Section 2.13.6 of these Terms
1.13. "Third Party Content" means Your Content and any data, content, information, or other materials provided by a third party, including, without limitation (i) such content and information other users of the Services provide to us or upload to the Services, excluding any personally identifiable information, the collection, processing, or any other use of which is governed by 360 Modern's Privacy Notice; and (ii) content and information posted or provided by our service providers, or any third party multiple listing service, broker, or agent.
1.14. "Third Party Sites" means third party websites.
1.15. "Your Content" means your Feedback and any data, content, information, ideas, comments, property information, listing information, photos, or other materials that you provide to us or upload to the Services, excluding any personally identifiable information, the collection, processing, or any other use of which is governed by 360 Modern's Privacy Notice.
All other capitalized terms will have the meaning as provided elsewhere in this Agreement.
2. GENERAL TERMS
2.1. Who May Use the Services. To access and use the Services, you must be at least the age of majority in the state, province, or territory where you live or at least 18 years of age. If you are under the age of 13, you may not use the Services and you should not be visiting the Sites or using the Services. For additional user requirements, if any, please see the applicable Services Addendum.
2.2. Third Party Sites and Linked Materials. The Services may include links to Third Party Sites. You should review any applicable terms or Privacy Notice of a Third Party Site before using it or sharing any information with it, because you may give the third party permission to use your information in ways we would not. 360 Modern is not responsible for and does not endorse any features, content, advertising, products or other materials on or available through Third Party Sites, even if originally accessed via a link on the Sites.
2.3. Intellectual Property Rights, License and Ownership.
2.3.1. 360 Modern Intellectual Property. Except as otherwise provided in this Agreement, 360 Modern and their licensors own all right, title, and interest in and to the Services and all materials and information (including source code, data, text, images, and other content) contained on or in the Services, and you acknowledge that all such content is protected by copyright, trademark, and other laws of the United States and foreign countries.
2.3.2. License Granted to You. 360 Modern grants you a limited, personal, non-exclusive, non-transferable, non-sublicensable, revocable license to access, view, and use the Services so long as your use complies with this Agreement, the applicable Services Addendum and any other applicable policies. Unless you are otherwise explicitly granted permission, this Agreement does not grant you any right or license with respect to any trademarks, service marks, graphics, or logos.
2.3.3. Restrictions. You may not modify, decompile, dissemble, reverse-engineer, reproduce, redistribute, create derivative works based upon, or attempt to commercially gain from your use or misuse of the Services, or any of their components, except as permitted by the Services. You may not use any meta-tags or other hidden text using any 360 Modern Company name, trademark, service mark, graphic or logo without the respective 360 Modern Company's specific written permission. You may not remove, obscure, or modify any copyright or other intellectual property notices that appear on or in the Services. You may not use the Services in any way that violates any law or regulation, this Agreement, any of 360 Modern' policies, or any third party policy, that applies to you. You may not use the Services in any manner that harms 360 Modern, our service providers, our suppliers, other users of the Services, or any other person. We may revoke your permission to access and use the Services or terminate your access to and use of the Services, and we may block or prevent you from accessing the Services, in our discretion. If you violate these Terms or the Agreement, your permission to access and use the Services is automatically revoked.
2.3.4. No Right to Reproduce. These Terms do not provide you a license to use, reproduce, distribute, display or provide access to any portion of the Services on Third Party Sites or otherwise.
2.3.5. No Scrubbing or Scraping. You may not automatedly crawl or query the Services for any purpose or by any means (including, without limitation, screen and database scraping, spiders, robots, crawlers and any other automated activity with the purpose of obtaining information from the Services) unless you have received prior express written permission from 360 Modern.
2.3.6. Feedback. You may give 360 Modern Feedback. You hereby assign to 360 Modern all of your right, title, and interest in and to the Feedback. To the extent applicable law does not permit assignment of the Feedback, you hereby grant 360 Modern a perpetual, irrevocable, worldwide, exclusive, transferable, sublicensable, fully paid-up, royalty-free license to use the Feedback in any manner in which 360 Modern see fit. You hereby irrevocably waive, to the fullest extent permitted by applicable law, any claims and assertions of moral rights or attribution with respect to your Feedback.
2.3.7. Reservation of Rights. Except for the limited licenses granted in this Agreement, we reserve all of our rights, interests, and title in and to the Services.
2.4. Your Content. You grant to 360 Modern a worldwide, non-exclusive, transferable, sublicensable, fully paid-up, royalty-free license to use, reproduce, modify (for formatting purposes only), distribute, and perform and display publicly Your Content (excluding Feedback) in connection with provision of the Services to you or otherwise in connection with your permitted use of the Services. In addition to any of Your Content that is made available through the Services, we may share Your Content with our affiliates, service providers and/or subcontractors in order to deliver, develop, or improve the Services. You hereby irrevocably waive, to the fullest extent permitted by applicable law, any claims and assertions of moral rights or attribution with respect to Your Content. Notwithstanding anything in the Agreement to the contrary, no 360 Modern Company has any obligation to store or display Your Content. 360 Modern may, but is not obligated to, monitor, modify, or remove Your Content at any time in their sole discretion. You agree that 360 Modern may promote and market Your Content in connection with the Services.
2.5. Provision of Services and Communications with You. To access or use certain Services or features of the Services, you may need to register and create an account with 360 Modern. See the applicable Services Addendum for additional terms and conditions in connection with any such registration. For purposes of responding to you and providing you with information and notices about your account or the Services, you agree that we may communicate with you through the contact information associated with your account. We have no liability rising from your failure to maintain accurate contact or other information, including, without limitation, your failure to receive critical information about the Services. When you request information from us, you are extending an express invitation for us to contact you.
2.6. Forums. 360 Modern may offer forums where you can post your observations and comments on designated topics or on public boards. For certain Services, account holders can create forum topic threads. 360 Modern, in their sole discretion, may close or transfer threads, or modify or remove content from them. Please note that everything you share in a forum may be seen and used by other users of the applicable Services. No 360 Modern Company is responsible or liable for anything posted by non-360 Modern Company persons on the forums nor is any 360 Modern Company responsible or liable for monitoring the content or activities associated with the forums.
2.7. Your Representations. You represent and warrant that (i) you have the ability to enter into this Agreement and grant all assignments, licenses, and permissions contemplated or contained herein; (ii) your use of the Services will be in compliance with all laws, regulations, this Agreement, 360 Modern's policies, and third party policies, if and as applicable to you; (iii) Your Content and any Feedback are original to you and do not infringe, misappropriate, or otherwise violate the rights, including any intellectual property rights or rights of publicity or privacy, of any person; (iv) Your Content and any Feedback do not contain any obscene, libelous, defamatory, abusive, or inappropriate content; and (v) our use of Your Content and any Feedback you provide will not infringe, misappropriate, or otherwise violate the rights, including any intellectual property rights or rights of publicity or privacy, of any person.
2.8. Termination. If you have created an account to access the Services, you may deactivate your account at any time by visiting your Account Settings or you may contact 360 Modern's Customer Service. You hereby acknowledge and agree that we reserve the right at any time to modify or discontinue the Services, in whole or in part, with or without notice, and that we will not be responsible or liable, directly or indirectly, to you or any other person or entity for any loss or damage of any kind incurred as a result of any such modifications or discontinuance.
2.9. Indemnification. You agree to defend, indemnify, and hold each 360 Modern Company, and its respective agents, employees, directors, officers and representatives harmless from and against all claims and expenses (including, without limitation, reasonable attorneys' fees and costs) arising out of (a) your failure to comply with applicable laws, regulations, this Agreement, any 360 Modern Company's policies, and third party policies, if and as applicable to you; (b) Your Content and Feedback; (c) 360 Modern' use of Your Content and Feedback as contemplated or permitted under this Agreement; or (d) any activity in which you engage on or in the Services.
2.10. Disclaimers. EACH 360 MODERN COMPANY PROVIDES THE SERVICES ON AN "AS IS" AND "AS AVAILABLE" BASIS. 360 MODERN DOES NOT CONTROL OR VET THIRD-PARTY CONTENT FOR ACCURACY. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, 360 MODERN DO NOT PROVIDE ANY EXPRESS OR IMPLIED WARRANTIES, CONDITIONS, OR REPRESENTATIONS REGARDING THE SERVICES AND EACH 360 MODERN COMPANY AND ITS SERVICE PROVIDERS AND LICENSORS DISCLAIM ANY AND ALL IMPLIED WARRANTIES, CONDITIONS, AND REPRESENTATIONS, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, DURABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ACCURACY OF DATA, AND NONINFRINGEMENT.
No 360 Modern company is responsible for any errors in displayed information or delays in displaying information ON THE SITES, including without limitation any THIRD PARTY CONTENT. No 360 MODERN COMPANY TAKES RESPONSIBILITY OR ASSUMES ANY LIABILITY FOR ANY THIRD PARTY CONTENT. ANY USE OR RELIANCE ON ANY THIRD PARTY CONTENT OR OTHER INFORMATION ON THE SERVICES OR OBTAINED BY YOU THROUGH THE SERVICES IS AT YOUR OWN RISK, INCLUDING INFORMATION PROVIDED BY OR FOR 360 Modern. NO 360 MODERN COMPANY IS RESPONSIBLE FOR THE ACTS OR OMISSIONS OF, OR ANY CONTENT OR INFORMATION PROVIDED BY ANY THIRD PARTY, INCLUDING, WITHOUT LIMITATION, A MULTIPLE LISTING SERVICE OR AN AGENT PARTICIPATING IN THE 360 MODERN PARTNER PROGRAM.
NO 360 MODERN COMPANY IS RESPONSIBLE FOR, AND NO 360 MODERN COMPANY MAKES ANY REPRESENTIONS OR WARRANTIES REGARDING, THE DELIVERY OF ANY MESSAGES (SUCH AS POSTING OF ANSWERS OR TRANSMISSION OF ANY CONTENT) SENT THROUGH THE SERVICES. NO 360 MODERN COMPANY HAS ANY OBLIGATION TO VERIFY THE IDENTITY OF THE PERSONS USING ITS SERVICES, NOR DOES ANY 360 MODERN COMPANY HAVE ANY OBLIGATION TO MONITOR THE USE OF ITS SERVICES. EACH 360 MODERN COMPANY DISCLAIMS ALL LIABILITY FOR IDENTITY THEFT OR ANY OTHER MISUSE OF YOUR IDENTITY OR INFORMATION BY OTHERS.
NO 360 MODERN COMPANY MAKES ANY GUARANTEE THAT THE SERVICES WILL FUNCTION WITHOUT INTERRUPTION OR ERRORS AND EACH 360 MODERN COMPANY DISCLAIMS ALL LIABILITY FOR DAMAGES CAUSED BY ANY SUCH INTERRUPTION OR ERRORS.
THE INFORMATION ON THE SERVICES IS NOT AN OFFER OR SOLICITATION BY ANYONE IN ANY JURISDICTION IN WHICH AN OFFER OR SOLICITATION CANNOT LEGALLY BE MADE, OR TO ANY PERSON TO WHOM IT IS UNLAWFUL TO MAKE A SOLICITATION.
THE VIEWS EXPRESSED ON THE SERVICES IN THIRD PARTY CONTENT, INCLUDING, WITHOUT LIMITATION, POSTS TO FORUMS, DO NOT NECESSARILY REPRESENT OR REFLECT THE VIEWS OF 360 Modern. NO 360 MODERN COMPANY IS RESPONSIBLE FOR, AND DISCLAIMS ANY AND ALL LIABILITY IN RELATION TO THIRD PARTY CONTENT.
2.11. Limitations of Liability. IN NO EVENT WILL ANY 360 MODERN COMPANY OR ANY OF THEIR AGENTS, EMPLOYEES, DIRECTORS, OFFICERS OR REPRESENTATIVES BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES ARISING OUT OF, BASED ON, OR RESULTING FROM THESE TERMS, THE AGREEMENT, OR YOUR USE OF THE SERVICES, EVEN IF A PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THESE LIMITATIONS AND EXCLUSIONS APPLY WITHOUT REGARD TO WHETHER THE DAMAGES ARISE FROM (A) BREACH OF CONTRACT, (B) BREACH OF WARRANTY, (C) NEGLIGENCE, OR (D) ANY OTHER CAUSE OF ACTION, TO THE EXTENT SUCH EXCLUSION AND LIMITATIONS ARE NOT PROHIBITED BY APPLICABLE LAW. IF YOU DO NOT AGREE WITH ANY PART OF THIS AGREEMENT, OR YOU HAVE ANY DISPUTE OR CLAIM AGAINST 360 Modern, ITS AGENTS, EMPLOYEES, DIRECTORS, OFFICERS OR REPRESENTATIVES WITH RESPECT TO THIS AGREEMENT OR THE SERVICES, THEN EXCEPT AS SPECIFICALLY PROVIDED IN THIS AGREEMENT OR WHERE THE LAW REQUIRES A DIFFERENT STANDARD, YOUR SOLE AND EXCLUSIVE REMEDY IS TO TERMINATE YOUR ACCOUNT FOR SUCH SERVICES, IF APPLICABLE, AND/OR DISCONTINUE USING THE SERVICES.
2.12. Copyright and Intellectual Property Policy. 360 Modern respects the intellectual property rights of others and expects our users to do the same. It is 360 Modern's policy to terminate, in appropriate circumstances, account holders who repeatedly infringe or are believed to be repeatedly infringing the rights of copyright holders. If you believe your copyright or other intellectual property right is being infringed, misappropriated, or otherwise violated by a user of the Services, or you believe such a claim has been unfairly made against your account, please see 360 Modern's Copyright & Intellectual Property Policy.
2.13. General Terms.
2.13.1. Severability. If any provision of this Agreement is found by a court of competent jurisdiction or arbitrator to be illegal, void, or unenforceable, the unenforceable provision will be modified so as to render it enforceable and effective to the maximum extent possible in order to effect the intention of the provision.
2.13.2. Notices. 360 Modern is located at 1631 15th Ave W, Suite 321, Seattle WA 98119, USA. You may contact 360 Modern by sending correspondence to that address or emailing [email protected]
2.13.3. Amendments to The Agreement. We may update the Agreement, including these Terms, at any time, in our sole discretion. If we do so, we will let you know either by posting the updated Agreement on the Sites or through other communications. It is important that you review the Agreement, including these Terms, whenever we update it or you use the Services. If you continue to use the Services after we have posted an updated Agreement, you are agreeing to be bound by the updated Agreement. If you do not agree to be bound by the updated Agreement, then, except as otherwise provided in Section 2.13.9, you may not use the Services anymore. Because our Services are evolving over time we may change or discontinue all or any part of the Services, at any time and without notice, at our sole discretion.
2.13.4. No Waiver. Our failure to act with respect to a breach of this Agreement or any term or condition herein by you or others does not waive our right to act with respect to that breach or subsequent similar or other breaches.
2.13.5. Assignment and Delegation. You may not assign or delegate any rights or obligations under this Agreement. Any purported assignment or delegation by you shall be ineffective. We may freely assign or delegate all rights and obligations under this Agreement, fully or partially, without notice to you. We may also substitute, by way of unilateral novation, effective upon notice to you, a Company for any third party that assumes our rights and obligations under this Agreement.
2.13.6. Alpha and Beta Testing. The Services include any alpha or beta testing or other evaluation or use of products and services, features, functionality, and all components thereof (whether in final or pre-release form) that we may conduct ("Testing"). Except to the extent otherwise provided in another agreement between you and 360 Modern, your participation in any Testing and use of any data, content, information, or other materials in connection with such Testing shall be subject to this Agreement.
2.13.7. International Matters. Unless otherwise stated in the applicable Services Addendum, each 360 Modern Company is controlled and operated from offices in the United States. We make no representation that the Services are appropriate or available for use in any particular country or location. If you choose to access, view, or use the Services, you do so on your own initiative and you are responsible for compliance with local laws, if and to the extent local laws are applicable. No Services, including software, may be downloaded or otherwise exported or re-exported in violation of any applicable law, rule, regulation, or export or import control.
2.13.8. Governing Law. Except as otherwise provided in Section 2.13.9, you hereby accept and submit to the personal jurisdiction of the applicable courts in accordance with this Section 2.13.8 with respect to any legal actions, suits or proceedings, and waive any jurisdictional or venue defenses otherwise available. The International Sale of Goods Act (British Columbia) and the United Nations Convention on Contracts for the International Sale of Goods, will not apply in any way to this Agreement or to the transactions contemplated by this Agreement.
220.127.116.11. This Agreement, any related matters, and any Claims arising under or related thereto (whether for breach of contract, tortious conduct or otherwise) will be governed by the Federal Arbitration Act, federal arbitration law, and the laws of the State of Washington, without reference to its conflicts of law principles. The exclusive jurisdiction for all Claims that you and 360 Modern are not required to arbitrate will be the state and federal courts of King County, Washington.
2.13.9. Dispute Resolution. THIS SECTION 2.13.9 APPLIES TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, AND IS VOID WHERE PROHIBITED BY LAW. This arbitration provision shall survive termination of the Agreement.
18.104.22.168. Informal Negotiations. To expedite resolution and reduce the cost of a Claim, you and 360 Modern agree to first attempt to negotiate any Claim (except those Claims expressly excluded below) informally for at least thirty (30) days before initiating any arbitration or court proceeding. Such informal negotiations will commence upon written notice. Your address for such notices is your personal home address, if provided by you, with an email copy to the email address you may have provided to such 360 Modern Company. If necessary to preserve a Claim under any applicable statute of limitations, you or 360 Modern may initiate arbitration while engaging in the informal negotiations.
22.214.171.124. Binding Arbitration and Class Action Waiver. Subject to Section 126.96.36.199, you and 360 Modern agree that any Claim between you and any 360 Modern Company or 360 Modern will be resolved solely by binding, individual arbitration and not in a class, representative or consolidated action or proceeding. This Section 2.13.9 is governed, in all respects, both procedurally and substantively, by the United States Federal Arbitration Act. You and the applicable 360 Modern agree that you are each waiving the right to a trial by jury or to participate in a class action.
YOU AND EACH 360 MODERN COMPANY AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, if the parties' Claim is resolved through arbitration, the arbitrator may not consolidate another person's claims with your claims, and may not otherwise preside over any form of a representative or class proceeding (the two foregoing sentences shall constitute the "Class Action Waiver". If this Class Action Waiver is found to be unenforceable, then the entirety of this Section 2.13.9 shall be null and void.
SUBJECT TO THE ABOVE THE PARTIES HEREBY WAIVE ANY RIGHTS THEY MAY HAVE TO TRIAL BY JURY IN REGARD TO CLAIMS COVERED BY THIS AGREEMENT.
If any other provision of this Section 2.13.9 requiring that Claims be brought only on an individual basis and not on a class, collective, or representative basis, is determined to be invalid or unenforceable with respect to any particular Claim, then that Claim shall not proceed in arbitration but rather will be resolved in a court of competent jurisdiction subject to Section 2.13.8. If that happens, however, the arbitration provisions in this Section 2.13.9 will still be fully enforceable as to all other Claims, which must be resolved in arbitration on an individual basis. Any arbitrable Claims will be resolved before non-arbitrable Claims, which the parties will jointly request to be stayed pending the conclusion of arbitration.
188.8.131.52. Exceptions and Opt-Out. Nothing in this Section 2.13.9 precludes any party from filing or participating in administrative proceedings before state or federal agencies to address alleged violations of law enforced by those agencies. Further, to the extent a party would have to file a timely administrative charge or complaint as a prerequisite to filing a Claim in court, the party must do the same before submitting a Claim to arbitration under this Agreement. Upon receipt of a right-to-sue letter or similar administrative determination, however, the Claim can only be resolved in individual arbitration pursuant to the terms of this Agreement.
This Section 2.13.9 also does not prevent any party from applying to a court of competent jurisdiction for any interim or provisional relief available under the law that is necessary to protect the rights of that party, pending the establishment of the arbitral tribunal. This Section 2.13.9 further does not prevent any party from filing any Claim that otherwise qualifies in small claims court on an individual basis.
In addition, you will retain the right to opt out of arbitration entirely and litigate any Claim if you provide the 360 Modern Company with whom you are entering into this Agreement with written notice of your desire to do so by email at [email protected] or by regular mail to the address specified in Section 2.13.2 above, within thirty (30) days following the date you first agree to this Agreement.
184.108.40.206. Equitable Remedies. Except for individual Claims brought in small claims court, the arbitrator shall determine all issues of liability on the merits of any Claim asserted by you or 360 Modern, and may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual Claim. To the extent that you or 360 Modern prevail on a Claim in arbitration and seek injunctive relief that has the primary purpose and effect of prohibiting unlawful acts that threaten future injury to the general public, the entitlement and extent of such relief must be litigated in a civil court of competent jurisdiction, subject to Section 2.13.8 and not in arbitration. The parties agree that litigation of any issues of public injunctive relief shall be stayed pending the outcome of the merits of any individual Claims in arbitration.
220.127.116.11. Rules and Logistics Governing Arbitration. The arbitration will be conducted by the AAA under its AAA Rules then in effect, except as modified by these Terms. The AAA Rules are available at www.adr.org or by calling 1-800-778-7879. A party who wishes to start arbitration must submit a written Demand for Arbitration to AAA and give notice to the other party as specified in the AAA Rules. The AAA provides a form Demand for Arbitration at www.adr.org.
If your claim is for U.S. $10,000 or less, you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic or video-conference hearing, or by an in-person hearing as established by the AAA Rules. If your claim exceeds U.S. $10,000, the right to a hearing will be determined by the AAA Rules. Any arbitration hearings will take place in Seattle, Washington. The parties agree that the arbitrator shall have exclusive authority to decide all issues relating to the interpretation, applicability, enforceability and scope of this arbitration agreement.
18.104.22.168. Arbitration Costs. The party initiating the arbitration shall pay the initial filing fees. The parties shall equally split all administration and arbitrator fees due prior to the issuance of the final arbitration decision. The arbitrator may award the prevailing party its reasonable attorney fees and costs, and may allocate the costs of the arbitration between the parties, in the arbitrator’s sole discretion.
22.214.171.124. Delivery of Demand for Arbitration. A demand for arbitration must be in writing and delivered by hand or first-class mail to the other party within the applicable statute of limitations period. Any demand for arbitration shall be provided to 360 Modern pursuant to Section 2.13.2. Any demand for arbitration made by 360 Modern shall be provided to the last address on file with the 360 Modern Company. The arbitrator shall resolve all disputes regarding the timeliness or propriety of the demand for arbitration.
126.96.36.199. Effect of Changes on Arbitration. Notwithstanding Section 2.13.3 above, if we change any of the terms of this Section 2.13.9 after the date you first accepted these Terms (or accepted any subsequent changes to these Terms), you may reject any such change by sending us written notice (including by email to [email protected] Modern.com within thirty (30) days of the date such change became effective, as indicated in the "Last Updated" date above or in the date of our email to you notifying you of such change. By rejecting any change, you are agreeing that you will arbitrate any Claim between you and 360 Modern in accordance with the terms of this Section 2.13.9 as of the date you first accepted these Terms (or accepted any subsequent changes to these Terms).
2.13.10. No Injunctive Relief. In no event shall you seek or be entitled to rescission, injunctive or other equitable relief, or to enjoin or restrain the operation of the Services.
2.13.11. Entire Agreement. You agree that this Agreement constitutes the entire, complete, and exclusive agreement between you and each Company regarding the Services and supersedes all prior agreements and understandings, whether written or oral, or whether established by custom, practice, policy or precedent, with respect to the subject matter of this Agreement. You also may be subject to additional terms and conditions that may apply when you use or receive certain Services, which are reflected in the applicable Services Addendum or otherwise communicated to you by 360 Modern.
360 MODERN COPYRIGHT POLICY
Notification of Copyright Infringement:
360 Modern respects the intellectual property rights of others and expects its users to do the same.
It is 360 Modern's policy, in appropriate circumstances and at its discretion, to disable and/or terminate the accounts of users who repeatedly infringe or are repeatedly charged with infringing the copyrights or other intellectual property rights of others.
In accordance with the Digital Millennium Copyright Act of 1998, the text of which may be found on the U.S. Copyright Office website at http://www.copyright.gov/legislation/dmca.pdf, 360 Modern will respond expeditiously to claims of copyright infringement committed using 360 Modern' websites and mobile applications (the "Sites") that are reported to 360 Modern's Designated Copyright Agent, identified in the sample notice below.
If you are a copyright owner, or are authorized to act on behalf of one, or authorized to act under any exclusive right under copyright, please report alleged copyright infringements taking place on or through the Sites by completing the following DMCA Notice of Alleged Infringement and delivering it to 360 Modern's Designated Copyright Agent. Upon receipt of the Notice as described below, 360 Modern will take whatever action, in its sole discretion, it deems appropriate, including removal of the challenged material from the Sites.
DMCA Notice of Alleged Infringement ("Notice")
1. Identify the copyrighted work that you claim has been infringed, or - if multiple copyrighted works are covered by this Notice - you may provide a representative list of the copyrighted works that you claim have been infringed.
2. Identify the material that you claim is infringing (or to be the subject of infringing activity) and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material, including at a minimum, if applicable, the URL of the link shown on the Site(s) where such material may be found.
3. Provide your mailing address, telephone number, and, if available, email address.
4. Include both of the following statements in the body of the Notice:
"I hereby state that I have a good faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law (e.g., as a fair use)."
"I hereby state that the information in this Notice is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed."
5. Provide your full legal name and your electronic or physical signature.
Deliver this Notice, with all items completed, to 360 Modern's Designated Copyright Agent:
Paul S. Drayna, Attorney at Law
7525 166th Ave NE, Suite D210
Redmond WA, 98052
ADDENDUM: 360 MODERN REFERRAL SERVICES
Welcome! This 360 Modern Referral Services Addendum is hereby incorporated into and is a part of the overall Agreement between you and 360 Modern. The terms of this 360 Modern Referral Services Addendum supplement the terms of the Agreement with respect to the 360 Modern Services (defined below) and in the event any term of this 360 Modern Referral Services Addendum directly conflicts with a term of the Agreement, the term contained in this 360 Modern Referral Services Addendum will control.
The 360 Modern Referral Services are offered by 360 Modern and by using the 360 Modern Referral Services, you signify that you accept the terms of this 360 Modern Referral Services Addendum as between you and 360 Modern.
1.1. "Agent" means a licensed real estate agent in the jurisdiction in which the agent is performing services.
1.2. "MLS" means multiple listing service.
1.3. "360 Modern" means 360 Degrees Modern, LLC, a Washington limited liability company.
1.4. "360 Modern Agent" means an Agent employed or otherwise acting directly on behalf of 360 Modern pursuant to a written agreement between 360 Modern and the Agent.
1.5. "360 Modern Client" means a person who has entered into an agreement with a 360 Modern Agent for the purpose of listing, selling, or buying a property in connection with the 360 Modern Services.
1.6. "360 Modern Referral Program" means the referral program offered by 360 Modern for Agents who are not 360 Modern Agents.
1.7. "360 Modern Services" means the 360 Modern Sites and the services provided by or for 360 Modern through the 360 Modern Sites that are not otherwise covered by the 360 Modern Agent Agreements.
1.8. "360 Modern Sites" means 360modern.com and other websites and mobile applications through which 360 Modern may offer services.
1.9 “Referral Agent” means a licensed real estate agent or broker who is not directly licensed with 360 Modern.
All other capitalized terms will have the meaning as provided elsewhere in this 360 Modern Services Addendum or in the Agreement.
2. 360 MODERN REFERRAL SERVICES TERMS
2.1. If you request more information about a property located in a geographic area that 360 Modern does not directly service itself, through 360 Modern Agents, then you may be referred to a Referral Agent in the geographic area where the property is located.
2.2. You have no obligation to work with any Referral Agent to whom we refer you with respect to any particular property. You are free to work with any agent of your choice. Referrals by 360 Modern are for your convenience only, and are without obligation.
2.3 If you do decide to work with a 360 Modern Referral Agent, and you ultimately use that agent’s services to buy or sell real estate, you understand that the Referral Agent may pay a referral fee to 360 Modern when your transaction closes.
2.4. You understand and agree that there is no agency or other relationship between 360 Modern and the Referral Agent, and that 360 Modern does not have any ability or authority to supervise or control the Referral Agents. Accordingly, you agree that 360 Modern shall not be liable for any damages arising from errors or omissions by any Referral Agent, regardless of whether a referral fee has been paid to 360 Modern.
Before we can show you pictures and prices of sold homes, or show you comments on active listings from 360 Modern Agents, our MLS data providers require you to acknowledge that you consider 360 Modern to be your real estate agent, broker or salesperson. For purposes of clarification, you have no obligation to work with a 360 Modern Agent to buy or sell a home. You can always choose to work with us or not. Before proceeding to view the content made available through the 360 Modern Services, you must acknowledge all of the following:
3.1. You are entering into a lawful consumer-broker, seller/buyer-brokerage, or similar relationship with 360 Modern (as defined by applicable state or provincial/territorial law). You have no obligation to work with 360 Modern and you can terminate your account with 360 Modern at any time. Any information you obtain from the 360 Modern website is intended for your personal, non-commercial use.
3.2. You have a bona fide interest in the purchase, sale, or lease of real estate on the 360 Modern Sites.
3.3. You will not copy, redistribute, or retransmit any of the information provided except in connection with your consideration of the purchase or sale of an individual property.
3.4. You will not, directly or indirectly, display, post, disseminate, distribute, publish, broadcast, transfer, sell, or sublicense, any information provided through the Services to another individual or entity. This prohibition expressly includes "scraping" (including screen and database scraping), "data mining", or any other activity intended to collect, store, re-organize, summarize, or manipulate any information provided or any related data.
3.5. You acknowledge that the individual MLS that supplies the listing data is the owner of such data and you acknowledge the validity of the MLS's system, and MLS's proprietary rights and copyright to such data and any related data.
3.6. 360 Modern also explicitly authorizes MLS employees, MLS members, or their duly authorized representatives to access 360 Modern's website for the purposes of verifying compliance with MLS rules and monitoring the display of participants' listings on 360 Modern's site.
3.7. 360 Modern makes no guarantees as to the reliability, accuracy, or up to date nature of any information from MLS sources.
3.8. Location-Specific Agreements and Disclaimers for MLSs and other Data Providers. 360 Modern receives the home listing information from many listing sources. The following disclaimers apply to listings only from that particular data source. To the extent there are defined terms in the disclaimers below, such definitions shall only apply to the use of those terms in such particular disclaimer.
Last updated: Feb 26, 2020 04:22 PM
Northwest Multiple Listing Service (NWMLS) Listing provided courtesy of Northwest MLS. The information contained in this listing has not been verified by 360 Modern or the MLS and should be verified by the buyer.
Claims of Copyright Infringement & Related Issues (17 USC § 512 et seq.).
We respect the intellectual property rights of others. Anyone who believes their work has been reproduced in a way that constitutes copyright infringement may notify our agent by providing the following information:
Identification of the copyrighted work that you claim has been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at the site;
Identification of the material that you claim is infringing and needs to be removed, including a description of where it is located so that the copyright agent can locate it;
Your address, telephone number, and, if available, e-mail address, so that the copyright agent may contact you about your complaint; and
A signed statement that the above information is accurate; that you have a good faith belief that the identified use of the material is not authorized by the copyright owner, its agent, or the law; and, under penalty of perjury, that you are the copyright owner or are authorized to act on the copyright owner's behalf in this situation.
Upon obtaining such knowledge we will act expeditiously to remove, or disable access to, the material. Please be aware that there are substantial penalties for false claims.
If a notice of copyright infringement has been wrongly filed against you, you may submit a counter notification to our agent. A valid counter notification is a written communication that incorporates the following elements:
A physical or electronic signature of the poster;
Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
A statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification;
Your name, address, and telephone number; a statement that you consent to the jurisdiction of federal district court for the judicial district in which your address is located, or if your address is outside of the U.S., for any judicial district in which the service provider may be found; and that you will accept service of process from the complainant.
Notices of the foregoing copyright issues should be sent as follows:
Northwest Multiple Listing Service
11430 NE 120th Street
Kirkland, WA 98034
Attention: DMCA Designated Agent
By e-mail: [email protected]
If you give notice of copyright infringement by e-mail, an agent may begin investigating the alleged copyright infringement; however, we must receive your signed statement by mail or as an attachment to your e-mail before we are required to take any action.
This information should not be construed as legal advice. We recommend you seek independent legal counsel before filing a notification or counter-notification. For further information about the DMCA, please visit the website of the United States Copyright Office at: http://www.copyright.gov/onlinesp.
Last updated: Feb 26, 2020 04:22 PM
Regional Multiple Listing Service (RMLS) All information provided is deemed reliable but is not guaranteed and should be independently verified. The content relating to real estate for sale on this web site comes in part from the IDX program of the RMLS of Portland Oregon. Real estate listings held by brokerage firms other than 360 Modern are marked with the RMLS logo and detailed information about these properties includes the names of the listing brokers. Copyright © 2020 RMLS, Portland, Oregon.