Effective Date: January 6, 2023
Agreement and Acceptance of Terms
Description of Services
Open360™ is a person-first alternative to 360 reviews. Our mission is to evolve 360 feedback from a single-sided, anonymous event to an ongoing transformative process that strengthens communication, performance and working relationships.
Through the Open360™ web application, both verbal and written feedback is shared. Because feedback isn’t anonymous and is designed to be continuous, follow-up conversations allow for additional information and to track progress. Transparency, consent and collaboration are foundational to the Open360™ process. We equip both customers and those they engage in the feedback process with training and tools to help set the stage for positive, productive conversations. The entire process provides dividends, not only in feedback data, but in development of communication skills, self-management, relationship management and ultimately improved performance and partnerships.
PLEASE READ THIS AGREEMENT AND PRIVACY POLICY CAREFULLY.
Agreement
These Terms of Service (“Terms of Service” or “Terms”) and our privacy policy (“Privacy Policy” (collectively, this “Agreement”), govern your access and use of the Open360 website www.myopen360.com (the “Website”) and any other services made available by Open360 from time to time (collectively, the “Services”). The Services are owned and operated by Powerhouse Consulting LLC dba Open360 (“Open360,” “we,” “us,” or “our”).
Changes
We reserve the right to modify, amend, or change the Terms at any time. Notice of any material change will be posted on this page with an updated date. In certain circumstances, we may notify you of a change to the Terms via email or other means; however, you are responsible for regularly checking this page for notice of any changes. Your continued use of the Services constitutes your acceptance of any change, and you will be legally bound by the updated Terms. If you do not accept a change to these Terms, you should stop using the Services immediately.
Disclaimers
Open360 IS NOT RESPONSIBLE FOR AND CANNOT GUARANTEE THE ACCURACY OR TIMELINESS OF ANY FEEDBACK YOU RECEIVE FROM YOUR ORGANIZATIONS, COACHES AND CONSULTANTS, FROM THIRD-PARTY TECHNOLOGY PROVIDERS, OR FROM THIRD-PARTY COACHES AND CONSULTANTS. While the Services are intended to provide professional feedback and guidance to our customers, you should consult with your supervisors before making any professional decisions or deciding on significant changes to your professional and employment duties.
Eligibility
To use the Services, you represent and warrant that you: (a) are at least 18 years of age, and (b) you have not previously been removed from the Services by us. You may not use the Services for any illegal or unauthorized purpose nor may you, in the use of the Services, violate any laws or any person or entity’s rights (including but not limited to copyright laws and rights of publicity). You must not transmit any worms or viruses or any code of a destructive nature. A breach or violation of any of the Terms will result in an immediate termination of your Services.
Acceptance
This Agreement contains the complete terms and conditions that govern your use of the Services. BY CLICKING THE "I AGREE" BUTTON BELOW OR BY ACCESSING, VISITING, BROWSING, USING, OR ATTEMPTING TO INTERACT WITH OR USE ANY PART OF THE SERVICES, YOU AGREE THAT YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THIS AGREEMENT.
THESE TERMS AFFECT YOUR LEGAL RIGHTS AND OBLIGATIONS AND INCLUDE AN AGREEMENT TO ARBITRATE IN SECTION 13, A JURY TRIAL WAIVER AND CLASS ACTION WAIVER. By using the Services or accepting these Terms, you accept and agree to be bound and abide by these Terms and our Privacy Policy. If you do not agree to this Agreement, please do not use the Services.
Your Privacy
Our Privacy Policy explains what information may be collected through the Services, how that information may be used and/or shared with others, how we safeguard that information, and how you may access or control its use in connection with our marketing communications and business activities.
Electronic Communications
By providing your email to enroll for use of our Services, you consent to receive all notices and information regarding our Services and other offerings electronically. Electronic communications may be posted on our Site and/or delivered to your registered e-mail address. All communications in electronic format will be considered to be in “writing,” and to have been received no later than five (5) business days after posting or dissemination, whether or not you have received or retrieved the communication. Your consent to receive communications electronically is valid until you end your relationship with Open360. It is your responsibility to provide us with true, accurate and complete e-mail addresses, contact and other information related to this disclosure and to maintain and update promptly any changes in this information. You may print a copy of any electronic communications and retain it for your records. We reserve the right to terminate or change the terms and conditions on which we provide electronic communications and will provide you notice thereof in accordance with applicable law.
SMS/Text Messaging Service
You may receive SMS/text messages from Open360 about account-related news and alerts and/or promotional offers for Open360 products and services. By enrolling in Open360’s services, you agree to receive text messages from Open360 to your mobile phone number provided, and you certify that your mobile number provided is correct and that you are authorized to enroll the designated mobile number to receive such text messages. You acknowledge and agree that the text messages may be sent using an automatic telephone dialing system and that standard message and data rates may apply. Consent to receive text messages for promotional purposes is not required as a condition of purchase or use of the Services. The text messaging may not be compatible with all mobile phone models. Open360 is not responsible for any delays upon sending or receiving text messages.
To unsubscribe from text messages at any time reply STOP, END or QUIT to any text message you receive from Open360. You consent that following such a request to unsubscribe, you may receive one final text message from Open360 confirming your request. Note that unsubscribing from promotional and/or account-related texts will not prevent Open360 from sending you text messages for security and authentication purposes.
Accessing the Services and Account Security
You agree to promptly update your account and other information, including your email address, shipping address as needed.
Intellectual Property Rights
The Services are owned and operated by Open360. By registering for an account (“Account”) or by otherwise using the Services, you agree that all content, trademarks, and other proprietary materials and/or information on the Services, including, without limitation, Open360’s logos, visual interfaces, graphics, design, specifications, compilation, information, software, computer code (including source code or object code), services, text, pictures, photos, video, graphics, music, information, data, sound files, other files and the selection and arrangement thereof and all other materials (collectively, the “Open360 Content”) are protected by copyright, trademark, patent, trade secret, and other laws, and, as between you and Open360 (and/or third-party licensors), Open360 owns and retains all rights, title, and interest in the Open360 Content and the Services.
Unless otherwise expressly stated in writing by us, you are granted a limited, non-exclusive, non-transferable, non-sublicensable, non-assignable, revocable license to access and use the Services for your own personal use only, provided that, you acknowledge and agree that you do not acquire any ownership rights in or to the Services and/or the Open360 Content or any Service Marks by accessing or otherwise using the Services. The license granted to you herein may be terminated by Open360 at any time, in its sole discretion. All rights not expressly granted in this Agreement are hereby expressly reserved by Open360.
You will not remove, alter, or conceal any copyright, trademark, service mark, or other proprietary rights notices incorporated in or accompanying the Open360 Content. Nothing contained on the Services should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Open360 Content displayed on the Services, and you will not reproduce, modify, adapt, prepare derivative works from, perform, display, publish, distribute, transmit, broadcast, sell, license, or otherwise exploit any of the Open360 Content without the written permission of Open360 or such third party that may own any Service Marks displayed on the Services.
Trademarks
All trademarks, logos, and service marks (collectively, the “Service Marks”) are the exclusive property of Open360 (and/or third-party licensors) or other third parties. Nothing in these Terms grants you a license to use any of the Service Marks or any of the Open360 trade names, trademarks, service marks, logos, domain names, or other distinctive brand features.
User Prohibitions
When you use the Services, you acknowledge and agree that:
We reserve the right to refuse access to the Services to you, for any reason at any time, at our sole discretion.
Content Standards
We do not tolerate inappropriate content or behavior on our Services. We encourage you to report any inappropriate content or misconduct by others. You can report any user directly through the Services, or by emailing us at info@myopen360.com with the subject “Inappropriate Content.”
To the extent permitted by applicable law, Open360 takes no responsibility and assumes no liability for Your Content or for any loss or damage resulting therefrom, nor is Open360 liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography, or profanity you may encounter when using the Services. Your use of the Services is at your own risk. In addition, these rules do not create any private right of action on the part of any third party or any reasonable expectation that the Services will not contain any content that is prohibited by such rules.
To the fullest extent permitted by applicable law, Open360 reserves the right to remove, screen, or edit any of Your Content posted or stored on the Services at any time and without notice, including where Your Content violates these Terms or applicable law. Any use of the Services in violation of the foregoing violates these Terms and may result in, among other things, termination or suspension of your rights to use the Services.
Reliance on Information Posted
We are not responsible if information made available on the Services is not accurate, complete or current. The material on the Services is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk. The Services may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of these Services at any time, but we have no obligation to update any information on our Services. You agree that it is your responsibility to monitor changes to our Services.
Geographic Restrictions
The owner of these Services are based in the United States. We provide the Services for use only by persons located in the United States. We make no claims that the Services or any of its content is accessible or appropriate outside of the United States. Access to the Services may not be legal by certain persons or in certain countries. If you access the Services outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
Disclaimer of Warranties
THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. YOUR USE OF THE SERVICES IS AT YOUR OWN RISK. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, OPEN360 AND ITS SUBSIDIARIES, AFFILIATES AND ITS AND THEIR RESPECTIVE OFFICERS, DIRECTORS, MANAGERS, EMPLOYEES, AGENTS, AND LICENSEES (THE “OPEN360 PARTIES”) DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OR OTHER PROPRIETARY RIGHTS, AND FREEDOM FROM ERRORS, VIRUSES, BUGS, OR OTHER HARMFUL COMPONENTS.
THE OPEN360 PARTIES MAKE NO REPRESENTATIONS OR WARRANTIES THAT (A) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (B) THE SERVICES WILL MEET YOUR REQUIREMENTS; (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE; (D) THE QUALITY OF THE SERVICES, ANY PRODUCTS, SERVICES, OR INFORMATION PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICES WILL MEET YOUR EXPECTATIONS; (E) YOUR INFORMATION CREATED THROUGH THE SERVICES, IN WHATEVER FORM OR MEDIUM, WILL NOT BE LOST; OR (F) ANY ERRORS WILL BE CORRECTED.
THE Open360 PARTIES SPECIFICALLY DISCLAIM ANY RESPONSIBILITY OR LIABILITY TO ANY PERSON OR ENTITY FOR ANY LOSS, DAMAGE (WHETHER ACTUAL, CONSEQUENTIAL, PUNITIVE OR OTHERWISE), INJURY, CLAIM, LIABILITY, OR OTHER CAUSE OF ANY KIND BASED UPON OR RESULTING FROM THE SERVICES.
Limitation of Liability
UNDER NO CIRCUMSTANCES WILL THE OPEN360 PARTIES BE LIABLE TO YOU FOR ANY LOSS OR DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO ANY DIRECT, INDIRECT, ECONOMIC, EXEMPLARY, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES) THAT ARE DIRECTLY OR INDIRECTLY RELATED TO: (A) THE SERVICES; (B) YOUR USE OF, INABILITY TO USE, OR THE PERFORMANCE OF THE SERVICES; (C) ANY ACTION TAKEN IN CONNECTION WITH AN INVESTIGATION BY THE OPEN360 PARTIES OR LAW ENFORCEMENT AUTHORITIES REGARDING YOUR OR ANY OTHER PARTY'S USE OF THE SERVICES; (D) ANY ACTION TAKEN IN CONNECTION WITH COPYRIGHT OR OTHER INTELLECTUAL PROPERTY OWNERS; (E) ANY ERRORS OR OMISSIONS IN THE SERVICES’ OPERATION; OR (F) ANY DAMAGE TO ANY OTHER USER’S COMPUTER, MOBILE DEVICE, OR OTHER EQUIPMENT OR TECHNOLOGY INCLUDING, WITHOUT LIMITATION, DAMAGE FROM ANY SECURITY BREACH OR FROM ANY VIRUS, BUGS, TAMPERING, FRAUD, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER LINE OR NETWORK FAILURE, OR ANY OTHER TECHNICAL OR OTHER MALFUNCTION WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF FORESEEABLE OR EVEN IF THE OPEN360 PARTIES HAVE BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL THE OPEN360 PARTIES BE LIABLE TO YOU OR ANYONE ELSE FOR ANY LOSS, DAMAGE OR INJURY, INCLUDING, WITHOUT LIMITATION, DEATH OR PERSONAL INJURY.
SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. NOTWITHSTANDING THE FOREGOING, IF THE OPEN360 PARTIES ARE FOUND LIABLE TO YOU FOR ANY DAMAGE OR LOSS ARISING OUT OF OR IN ANY WAY CONNECTED TO YOUR USE OF THE SERVICES, IN NO EVENT WILL THE OPEN360 PARTIES TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION EXCEED TWO HUNDRED UNITED STATES DOLLARS ($200.00).
OPEN360 IS NOT RESPONSIBLE FOR THE ACTIONS, CONTENT, INFORMATION, OR DATA OF THIRD PARTIES, AND YOU RELEASE THE OPEN360 PARTIES FROM ANY CLAIMS AND DAMAGES, KNOWN OR UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES.
Indemnification
You agree to defend, indemnify and hold the Open360 Parties harmless from and against any claims, liabilities, damages, losses, and expenses, including without limitation, reasonable attorneys’ fees and costs, arising out of or in any way connected to your use or misuse of the Services or with any of the following (including as a result of your direct activities on the Services or those conducted on your behalf): (a) your breach or alleged breach of these Terms of Service; (b) your violation of any third-party right, including without limitation, any intellectual property right, publicity, confidentiality, property or privacy right; (c) your violation of any laws, rules, regulations, codes, statutes, ordinances, or orders of any governmental and quasi-governmental authorities, including, without limitation, all regulatory, administrative and legislative authorities; (d) any misrepresentation made by you; or (e) your breach or alleged breach of the representation and warranties set forth in these Terms of Service. Open360 reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you, and you will not in any event settle any claim without the prior written consent of Open360.
Arbitration
ANY DISPUTE, CLAIM OR CONTROVERSY ARISING OUT OF OR RELATING TO THE SERVICES, THIS AGREEMENT OR THE BREACH, TERMINATION, ENFORCEMENT, INTERPRETATION OR VALIDITY THEREOF, INCLUDING THE DETERMINATION OF THE SCOPE OR APPLICABILITY OF THIS AGREEMENT TO ARBITRATE, SHALL BE DETERMINED BY BINDING ARBITRATION RATHER THAN A COURT IN NASHVILLE, TENNESSEE BEFORE A SOLE ARBITRATOR. THE ARBITRATION SHALL BE ADMINISTERED BY JAMS PURSUANT TO STREAMLINED ARBITRATION RULES AND PROCEDURES, AND THE ARBITRATOR SHALL APPLY THE LAWS APPLICABLE IN THE STATE OF TENNESSEE. JUDGMENT ON THE AWARD MAY BE ENTERED IN ANY COURT HAVING JURISDICTION AS SPECIFIED ABOVE UNDER “GOVERNING LAW AND VENUE.” THIS CLAUSE SHALL NOT PRECLUDE PARTIES FROM SEEKING INJUNCTIONS OR OTHER FORMS OF EQUITABLE RELIEF OR PROVISIONAL REMEDIES IN AID OF ARBITRATION FROM A COURT OF APPROPRIATE JURISDICTION. YOU AGREE THAT ALL DISPUTES MUST BE BROUGHT IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. BY ENTERING INTO THIS AGREEMENT AND AGREEING TO ARBITRATION, YOU AGREE THAT YOU ARE WAIVING THE RIGHT TO FILE A LAWSUIT AND THE RIGHT TO A TRIAL BY JURY. IN ADDITION, YOU AGREE TO WAIVE THE RIGHT TO PARTICIPATE IN A CLASS ACTION OR LITIGATE ON A CLASS-WIDE BASIS. YOU AGREE THAT YOU HAVE EXPRESSLY AND KNOWINGLY WAIVED THESE RIGHTS. IN ANY ARBITRATION, THE ARBITRATOR MAY, IN THE AWARD, ALLOCATE ALL OR PART OF THE COSTS OF THE ARBITRATION, INCLUDING THE FEES OF THE ARBITRATOR AND THE REASONABLE ATTORNEYS’ FEES OF THE PREVAILING PARTY, AND SHALL DETERMINE THE PREVAILING PARTY FOR THIS PURPOSE.
General Provisions
Governing Law and Jurisdiction
These Terms of Service are governed by and construed in accordance with the laws of the State of Tennessee, without giving effect to any principles of conflicts of law. Notwithstanding the foregoing, the Arbitration Agreement in Section 13 above shall be governed by the Federal Arbitration Act. All claims arising out of or relating to this Agreement, to the Services, or to your relationship with Open360 that for whatever reason are not submitted to arbitration will be litigated exclusively in the federal or state courts of Tennessee You and Open360 consent to the exercise of personal jurisdiction of courts in the State of Tennessee and waive any claim that such courts constitute an inconvenient forum.
Waiver and Severability
Any waiver of any provision of this Agreement will be effective only if in writing and signed by or on behalf of Open360. No failure or delay by Open360 in exercising any right, power, or privilege under these Terms will operate as a waiver thereof, nor will any single or partial exercise of any right, power, or privilege preclude any other or further exercise thereof or the exercise of any other right, power, or privilege under these Terms. This provision will survive the termination of any and all of your transactions with Open360. Unless otherwise expressly provided herein, the invalidity or enforceability of any provision of these Terms will not affect the validity or enforcement of any other provision, all of which remain in full force and effect.
Assignment
Open360 may assign this Agreement, in whole or in part, at any time with or without notice to you. You may not assign, transfer or sublicense any or all of your rights or obligations under this Agreement without our express prior written consent.
Entire Agreement
This Agreement (which includes these Terms of Service, our Privacy Policy and any other Open360 terms that govern your use of Services), constitutes the entire agreement between you and Open360.
Comments and Concerns
These Services are operated by Open360, LLC, 2491 North Mount Juliet Road #422, Mount Juliet, TN 37122.
All other feedback, comments, requests for technical support, and other communications relating to the Services should be directed to: info@myopen360.com
