Website Design Agreement

 

This Web Design Agreement (“Agreement”) sets forth the terms and conditions between You as a Subscriber (“Subscriber”) and 360 Crue (“360 Crue”) of Oceanside, CA, 92058 in connection with Your subscription for Web Design and Development services.

This Agreement is incorporated into, made part of and is subject to 360 Crue’s Terms and Conditions of Use (“Terms of Use”), which You may access by clicking here. All terms defined in the Terms of Use shall have the same meaning when used in this Agreement as provided in the Terms of Use unless otherwise noted.

I.   Confidentiality

You and 360 Crue agree that each shall maintain and not disclose any and all confidential or proprietary information that is received from the other as a result of or in connection with Your Subscription and/or Services provided in connection therewith. Neither You nor 360 Crue will, without the other’s prior written consent, disclose to any third party any information concerning the other’s proprietary or confidential information and material, including but not limited to the business or method of working of the other party, which may be revealed as a result of or in connection with Your Subscription and/or Services, except as required by law, to the extent that such information may become public knowledge, may be acquired or generated by either party independently from something other than by a breach of this clause or to obtain legal or tax advice.

This clause shall survive termination of the Subscription Agreement.

II.     Warranties

By entering into this Subscription Agreement, You hereby acknowledge and agree that it is expressly subject to all warranties, promises and guarantees given and made by You, as a Subscriber to 360 Crue and 360 Crue to You as are set forth in the Terms of Use, which is incorporated herein by reference as if fully set forth herein. You may directly access the Terms of Use by clicking here.

III.    Limitation of Liability

360 Crue does not guarantee results. In no event shall 360 Crue be liable for general, indirect, special, exemplary, consequential, incidental or punitive loss, damage or expense, including, but not limited to, lost profits, lost revenues, lost business opportunities without limitation as to whether such damages are considered to be direct, general or consequential damages. 360 Crue shall not be liable, (whether in contract, tort, negligence, strict liability in tort or by statute or otherwise) for any and all claims related to this agreement, the terms of use or other agreement, except to the extent of 360 Crue’s gross negligence or willful conduct. It is agreed that should any liability on the part of 360 Crue be proven, it will nevertheless be impractical and extremely difficult to anticipate or fix the amount of damages that were proximately caused by such liability. Therefore, it is agreed that in no event may the subscriber recover an amount in excess of the aggregate of fees paid to 360 Crue or $500 in the event that no fees were paid, in full and complete satisfaction of any and all claims. It is agreed that the foregoing limitation is not intended to be and is not a penalty.

IV.    Amendment

360 Crue reserves the right to modify, update, add, delete, revise and change this Agreement as well as the Terms of Use at any time. Such changes are effective, and You agree to be bound by such changes, when You “click” the Accept button on the 360crue.com Website, or 30 days from the date the changes are posted to the Website, whichever occurs sooner.

V.   Complete Agreement

This Agreement, as well as the Terms of Use, Subscription Agreement, and any documents expressly referenced or incorporated therein, together constitute the full agreement between You and 360 Crue as to the matters contained therein. Any term not specifically addressed in this Agreement shall be governed by the Terms of Use and incorporated documents. In the event of a conflict between this Agreement and the Terms of Use, the specific terms of this Agreement shall apply.

rev 240410.