Terms and Conditions

www.ftxdigital360.com is owned by FTx360 incorporated under the Companies Act, FTx360 having its office address at 146 Rock Hill Drive; Rock Hill, NY 12775 (hereinafter referred to as “FTX360”).

THESE TERMS OF USE IS A LEGALLY BINDING DOCUMENT BETWEEN USER AND FTX 360 (BOTH TERMS DEFINED BELOW). THESE TERMS OF USE WILL BE EFFECTIVE UPON YOUR ACCEPTANCE OF THE SAME (DIRECTLY OR INDIRECTLY IN ELECTRONIC FORM OR BY MEANS OF AN ELECTRONIC RECORD) AND WILL GOVERN THE RELATIONSHIP BETWEEN USER AND FTX 360 FOR THE USE OF FTX 360 PRODUCTS OR SERVICES, USE FTX360 APPLICATIONS FOR MOBILE, OR USE WEBSITE IN CONNECTION WITH ANY OF THE FOREGOING (COLLECTIVELY, “SERVICES”)

THIS DOCUMENT IS PUBLISHED AND SHALL BE CONSTRUED IN ACCORDANCE WITH THE PROVISIONS OF APPLICABLE LAWS THAT REQUIRE PUBLISHING THE RULES AND REGULATIONS, PRIVACY POLICY AND USER AGREEMENT FOR ACCESS OR USAGE OF THE WEBSITE & MOBILE APPLICATION.

These Terms of Use of the website located at the URL www.ftxdigital360.com and mobile application under the name and style “FTx360” (hereinafter referred as “Website”) is between XXXXXXXXXX (hereinafter referred to as “FTX 360” or “We” or “Us” or “Our”) and the guest users or registered users of the Website you describe the terms on which FTx360 offers You access to the Website and its Services.

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING OR REGISTERING ON THE WEBSITE OR ACCESSING ANY MATERIAL, INFORMATION OR SERVICES THROUGH THE WEBSITE. IF YOU DO NOT AGREE WITH THESE TERMS OF USE, PLEASE DO NOT USE THE WEBSITE.

If you are accessing the FTX 360 website or accessing the Services through the “FTX 360″ mobile application, then while these Terms of Use will apply to such use, there may be additional terms (such as the terms imposed by mobile application stores like Apple’s iTunes, Google Play store, Microsoft’s store from time to time) which will govern the use of the mobile application. These additional terms to the extent applicable are hereby deemed to be incorporated in these Terms of Use by way of reference.

General

Any new features or tools which are added to FTX 360 participating Website shall also be subject to the Terms of Use. These Terms of Use are subject to revision by FTX 360 at any time and hence the Users are requested to carefully read these Terms of Use from time to time before using the Website. The revised Terms of Use shall be made available on the Website. You are requested to regularly visit the Website to view the most current Terms of Use. In the event such a facility is provided on the Website, you can determine when FTX 360 last modified any part of the Agreement by referring to the “Last Updated” provided in that document. It shall be Your responsibility to check these Terms of Use periodically for changes. FTX 360 may require You to provide Your direct or indirect consent to any update in a specified manner before further use of the website and the services terms. If no such separate consent is sought, your continued use of the Website and/or Services, following such changes, will constitute Your acceptance of those changes.

If there is any conflict:

between the Privacy Policy and any other Agreement, the Privacy Policy shall take precedence’ but only to the extent of the conflict;
between the additional service terms and any other part of these Terms of Use, the additional service terms shall take precedence in relation to that Service;
between these Terms of Use and any other notices, disclaimers or guidelines appearing on the Website, these Terms of Use shall take precedence but only to the extent of the conflict.

The FTX Global Service

FTX 360 is a one-stop shop for technology, sales, and marketing solutions. Our mission is to make business less complicated for small to mid-size business owners, by offering a single convenient source for multifaceted solutions that can accomplish the work of multiple outsourced services. Through the combined knowledge and acumen of our diverse team of specialists, FTX 360 can provide top-notch solutions for various areas of business (including technology, marketing, advertising, inventory management, and more). We are a company based in the United States, but our solutions have helped to grow businesses around the world, and we look to grow more by the day.
FTX360 is a one-stop shop for businesses that offers solutions for various needs by connecting them to a staff with a diverse knowledge base capable of handling different issues.
The “fix” the FTX 360 offers is a centralized system that can run various parts of a business (ex: tech services, marketing, ad design, customer retention, inventory management).

Eligibility to Use

By using the Website and Services, you affirm that you are at least 13 years of age or older. You further affirm that any and all information you provide on the FTX 360 Website (www.ftxdigital360.com) or Application is true and accurate and does not infringe upon the rights of any person or corporate entity, nor does it violate any local, state, or federal laws. As a minor if you wish to use or transact on Website, such use or transaction may be made by your legal guardian or parents on the Website. FTX 360 reserves the right to terminate your account or refuse to provide you with access to the Website if it is brought to FTX 360 ‘s notice or if it is discovered that you are under the age of 13 years.
This Website is for your personal use, and not for commercial use or for the benefit of any third party. FTX 360 reserves the right to refuse service in its sole discretion and without notice. You are solely responsible for your use of the Website and you agree to compensate, hold harmless, and defend us from any claims, damages, losses, liabilities, costs, and expenses including attorney’s fees, resulting from your use or misuse of the website.

Registration & Use of Personal Information

Your use of this Website is also subject to the terms of our Privacy Policy. You hereby acknowledge that you have read and understood our Privacy Policy, and consent to the use of any personal information that you provide in accordance with the Terms of use, and for the purpose set forth in our Privacy Policy.
In order to use these Services, you must register your account with your personally identifying information, which may include but is not limited to first and last name, email address, and cell phone number. Any personal identifying information which you supply through the Service that would readily identify you as the user of this Service is done under your sole discretion.
Further, if You use this Website, you shall be responsible for maintaining the confidentiality of your Display Name and Password and You shall be responsible for all activities that occur under your Display Name and Password. You agree that if You provide any information that is untrue, inaccurate, not current or incomplete or We have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, or not in accordance with this Terms of Use, we shall have the right to indefinitely suspend or terminate or block access on the Website and refuse to provide You with access to the Website.

Communications

When You use the Website or send emails or other data, information or communication to us, you agree and understand that You are communicating with us through electronic records and You consent to receive communications via electronic records from us periodically and as and when required. We may communicate with you by email or by such other mode of communication, electronic or otherwise.

Intellectual Property

All photos, logos, content, design, layout as well as any software applications including proprietary algorithms contained within the FTX Global website www.ftxdigital360.com and application, are the sole intellectual property of FTX 360. Any attempt to copy, distribute, sell, or make any adaptations of the intellectual property of FTX 360 without express written consent is strictly prohibited and constitutes copyright infringement and legal action may be taken against you.
Subject to the terms and conditions set forth in these Terms of Use, FTX 360 grants you a non-exclusive, non-transferable, limited right to access, use and display this Website and the Services thereon. You agree not to interrupt or attempt to interrupt the operation of the Website in any manner. You shall not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from this Website.

Copyright Complaints

We have a policy of limiting access to our Services and terminating the accounts of users who infringe the intellectual property rights of others. If you believe that anything on our Services infringes any copyright that you own or control, you may notify FTX 360 by sending email to www.ftxdigital360.com

Third-Party Websites

Through the FTX 360 website www.ftxdigital360.com and application, you may encounter ads containing links or other links to third-party websites. If you click on one of these links, you will be directed to that website. FTX 360 does not own or operate these sites.
We provide these links as a convenience only. FTX 360 does not publicly endorse these sites nor does it make any warranty of products or services available on these websites. FTX 360 and all of its subsidiaries shall be held free and harmless from any content, transactions, or actions you take on a third-party site.

Website Security

While FTX 360 will take preemptive measures to protect the privacy of its users and their personal information, the absolute security of any site on the internet cannot be guaranteed. Access to and the use of password protected and/or secure areas of the FTX 360 website is restricted to authorized users only.

Unauthorized individuals attempting to access these areas of the site may be subject to prosecution. Users are encouraged to choose secure passwords that are not known to other people or used for other websites. If you share your login credentials with anyone else, FTX 360 is not liable for the use or misuse of any of your personal information.

Indemnification

In no event will we be liable, nor do we assume responsibility for any direct, indirect, special, incidental or consequential damages (including, without limitation, any lost profits, business interruption, loss of information or programs or other data on your information handling system) arising out of or in connection with the use or inability to use this Website or the content or services provided on, or accessible from this Website, or otherwise even if we are advised of the possibility of such damages.
You further agree to hold harmless of any liability all of FTX 360’s subsidiary companies, affiliates, employees, officers, directors, suppliers, contractors, agents and successors from all liabilities, claims, and expenses, including reasonable attorneys’ fees which are brought by a third party, that arise from or relate to your use, misuse of or access to FTX 360 www.ftxdigital360.com

Governing Law & Jurisdiction

These Terms of use and any separate agreements whereby we provide you Services shall be governed and construed in accordance with the laws of New York State, USA. All other store’s Terms of Use will be governed by the State in which they specify.

Privacy

We view protection of your privacy as a very important principle. We understand clearly that You and Your Personal Information is one of our most important assets. We store and process Your Information including any personal information collected if any, on computers that may be protected by physical as well as reasonable technological security measures and procedures in accordance with applicable laws and rules there under. Our current Privacy Policy is available at Privacy. If You object to Your Information being transferred or used in this way, please do not use Website.
We may share personal information with our other corporate entities and affiliates. These entities and affiliates may market to you as a result of such sharing unless you explicitly opt-out.
We may disclose personal information to third parties. This disclosure may be required for us to provide you access to our Services, to comply with our legal obligations, to enforce our User Agreement, to facilitate our marketing and advertising activities, or to prevent, detect, mitigate, and investigate fraudulent or illegal activities related to our Services. We do not disclose your personal information to third parties for their marketing and advertising purposes without your explicit consent.
We may disclose personal information if required to do so by law or in the good faith belief that such disclosure is reasonably necessary to respond to subpoenas, court orders, or other legal process. We may disclose personal information to law enforcement offices, third party rights owners, or others in the good faith belief that such disclosure is reasonably necessary to: enforce our Terms or Privacy Policy; respond to claims that an advertisement, posting or other content violates the rights of a third party; or protect the rights, property or personal safety of our users or the general public.
We and our affiliates will share / sell some or all of your personal information with another business entity should we (or our assets) plan to merge with, or be acquired by that business entity, or re-organization, amalgamation, restructuring of business. Should such a transaction occur that other business entity (or the new combined entity) will be required to follow this privacy policy with respect to your personal information.

Use of the Website

You understand and agree not to use this Website to:

Upload content or initiate communication which are unlawful, infringing, libelous, defamatory, obscene, pornographic, indecent, lewd, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, contains nudity, or is otherwise objectionable;
Upload or transmit any Content that would constitute or encourage a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national, or international law;
Upload, email, transmit, post, or otherwise make available any unsolicited or unauthorized advertising or promotional materials, junk mails, spam, chain letters, pyramid schemes or any other form or solicitation;
Upload or transmit any Content that may infringe any patent, trademark, trade secret, copyright, or other intellectual or proprietary right of any party. By posting any Content, you represent and warrant that you have the lawful right to distribute and reproduce such Content;
Upload any Content that contains any private or personal information of a third party without such third party’s consent; and disseminate any harmful content of any kind, including without limitation, viruses, Trojan horses, worms, time bombs, zombies, cancel bots or any other computer programming routines that may damage, interfere with, surreptitiously intercept, or expropriate any system, program, data or personal information;
Impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity;
To harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability.

We reserve the right, but has no obligation, to monitor the materials posted on the Website. FTX 360 shall have the right terminate your use of the service or remove or edit any content that in its sole discretion violates, or is alleged to violate, any applicable law or either the spirit or letter of these Terms of Use. Notwithstanding this right, YOU REMAIN SOLELY RESPONSIBLE FOR THE CONTENT OF THE MATERIALS YOU POST ON THE WEBSITE AND IN YOUR PRIVATE MESSAGES. Please be advised that such Content posted does not necessarily reflect FTX 360 views. In no event shall FTX 360 assume or have any responsibility or liability for any Content posted or for any claims, damages or losses resulting from use of Content and/or appearance of Content on the Website. You hereby represent and warrant that you have all necessary rights in and to all Content which you provide and all information it contains and that such Content shall not infringe any proprietary or other rights of third parties or contain any libelous, tortious, or otherwise unlawful information.

Contents Posted on Website

Except as expressly provided in these Terms of Use, no part of the Website and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including “mirroring”) to any other computer, server, Website or other medium for publication or distribution or for any commercial enterprise, without FTX 360 express prior written consent.
You may use information on the products and services purposely made available on the Website for downloading, provided that You (1) do not remove any proprietary notice language in all copies of such documents, (2) use such information only for your personal, non-commercial informational purpose and do not copy or post such information on any networked computer or broadcast it in any media, (3) make no modifications to any such information, and (4) do not make any additional representations or warranties relating to such documents.

SOME CONTENT OFFERED ON THE WEBSITE MAY NOT BE SUITABLE FOR SOME VIEWERS AND THEREFORE VIEWER DISCRETION IS ADVISED. ALSO, SOME CONTENT OFFERED ON THE WEBSITE MAY NOT BE APPROPRIATE FOR VIEWERSHIP BY CHILDREN. PARENTS AND/OR LEGAL GUARDIANS ARE ADVISED TO EXERCISE DISCRETION BEFORE ALLOWING THEIR CHILDREN AND/OR WARDS TO ACCESS CONTENT ON THE WEBSITE

Disclaimer of Warranties and Liability

This Website, all the materials and products (including but not limited to software) and services, included on or otherwise made available to You through this website are provided on “as is” and “as available” basis without any representation or warranties, express or implied except otherwise specified in writing. Without prejudice to the forgoing paragraph, FTX 360 does not warrant that:
This Website will be constantly available, or available at all; or
The information on this Website is complete, true, accurate, integrity, reliability, currency, adequacy, suitability, functionality or non-misleading.
The operation of this website will be uninterrupted or error-free, or that this site is free from viruses and other harmful components to equipment or software.
FTX 360 will not be liable to You in any way or in relation to the Contents of, or use of, or otherwise in connection with, the Website. FTX 360 does not warrant that this website; information, Content, materials, product (including software) or services included on or otherwise made available to You through the Website; their servers; or electronic communication sent from us are free of viruses or other harmful components.
Nothing on Website constitutes, or is meant to constitute, advice of any kind.

Contact Us

If you have any questions regarding this policy, please contact Customer Support www.ftxdigital360.com