Terms and Conditions

Terms of Use, Disclaimer,Privacy Policy and

Affiliate Program Terms of Service

365 digital marketing Terms of Use

Last updated on June 12, 2020

Acceptance

365 digital marketing hereinafter referred to below as the “Company”. By using the Company websites and free or paid services (the “Services”), you are agreeing to be bound by the following terms and conditions (“Terms of Use”) and the following Privacy Policy. If you do not agree to these Terms of Use, or any modification thereto, or become dissatisfied with the Company in any way, then please discontinue use of the Services.

The Terms of Use may be revised periodically and this will be reflected by the Last Updated date at the top of the Terms of Use. Please revisit this page to stay aware of any changes. Your continued use of the Services constitutes your agreement to the Terms of Use and any future revisions.

Age Limits

You must be 18 years and older to use the Services. By using the Services you hereby represent that you are at least 18 years old.

Our ability to contact you

By using the Services and providing us with your email address you are allowing us to contact you in connection with the Services and in order to provide the Services to you. We make every effort to avoid sending unwanted email and we provide several mechanisms for you to request that we stop emailing you. Please use our contact form if you are still receiving emails from us and would like us to stop contacting you.

Limitations of Liability

We offer our professional digital marketing services in the best of our ability. While we strive to maintain the highest quality in both our service and products, if the service causes loss of access to your website or damages your website or business in any way, the company, its owners and it’s officers cannot be held liable.

Services

We reserve the right to modify the Services and prices of the Services offered at any time on our Website. Any continued use of the Services after such changes have been made shall be deemed to constitute acceptance of such changes. We reserve the right to cancel your Services at any time. We also reserve the right to cancel your Services and terminate your Services immediately, without notice, in the event that you breach any provision of this Terms of Service or any other terms that apply to your Services.

Priority Support

We provide “priority support” via email only to paid customers. We do not guarantee a specific response time and we don’t provide a service level agreement. In general we operate weekdays from Monday to Saturday, 10am to 6pm Indian Standard time and your email will usually receive a response within two working days but may take longer when we experience high load or during public holidays. Priority support is offered on a per-customer basis and not a per-license basis. This means that we limit the amount of support we provide per individual customer. Our priority support offered to paid customers is limited to 20 emails to our support team per year. We reserve the right to decline further support or charge for additional support beyond the 20 emails. We also reserve the right to immediately terminate service without a refund if a customer is insulting or abusive to our support team. We endeavor to provide you with excellent customer service and we have included this clause to protect our support team and to prevent one single customer from overloading our support system or abusing our services, thereby impacting the quality of support that other customers receive.

Refund Policy

You are billed immediately or at the end of a free trial period if one is provided for all paid (non free) monthly in advance services when you subscribe to them. We do not offer a money back guarantee. If you are not fully satisfied with our services. You can cancel your subscription to our services monthly or yearly subscription by giving a notice of 30 days in advance via email to contact@365digitalmarketing.in.

In case of there is no formal confirmation of continuation / cancellation of our services. A monthly fixed account maintenance charges will be levied as per the discretion of the agency.

If the services are cancelled during the month anytime, for example on the 15th of any month, the full month’s payment will be taken from you.

3rd Party Websites

The Services may contain links to third party websites that are not owned or controlled by the Company. The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, the Company will not and cannot censor or edit the content of any third-party site. By using the Services, you expressly relieve the Company from any and all liability arising from your use of any third-party website. Accordingly, the Company encourages you to be aware when you leave the Services and to read the terms and conditions and privacy policy of each other website that you visit.

Intellectual Property Rights

The content on the Services, except all User Content, including without limitation, text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like (“Content”) and the trademarks, service marks and logos contained therein are owned by or licensed to the Company, subject to copyright and other intellectual property rights under India and foreign laws and international conventions. All trademarks not owned by the Company or its subsidiaries that appear on this website are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by the Company or its subsidiaries.

Content on the Services is provided to you AS IS for your information and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. The Company reserves all rights not expressly granted in and to the Services and the Content. You agree to not engage in the use, copying, or distribution of any of the Content other than expressly permitted herein, including any use, copying, or distribution of User Content of third parties obtained through the Services for any commercial purposes. If you download or print a copy of the Content, you must retain all copyright and other proprietary notices contained therein. You agree not to circumvent, disable or otherwise interfere with security related features of the Services or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Services or the Content therein.

Website Information and Service

You agree not to collect or harvest any personally identifiable information from the Services, nor to use the communication systems provided by the Services for any spamming purposes. You agree not to collect or harvest, for commercial purposes, any users of the Services.
You agree not to use the Services for any illegal or unauthorized purpose. International users agree to comply with all local laws regarding online conduct and acceptable content. You agree not to violate any laws in your jurisdiction including but not limited to copyright laws when using the Services.

Jurisdiction

The Services are controlled and offered by the Company from its facilities in India. These Terms of Use shall be governed by the laws of the State of Maharashtra, Thane Jurisdiction without reference to conflicts of laws principles. Any dispute arising from these terms or the use of the Services shall be resolved exclusively in the local jurisdiction of Thane, Maharashtra, India, and you agree to the exclusive jurisdiction of and venue in such courts.
Those who access or use the Services from other jurisdictions do so at their own volition and are responsible for compliance with local law.

Disclaimer of Warranties

You agree that use of the services, data, user content and/or content is entirely at your own risk. The services, data, user content and/or content are entirely at your own risk. The services, data user content and content are provided on an “as-is” and “as available” basis, without warranty or condition of any kind, either express or implied. Without limiting the foregoing and to the fullest extent permitted by the law, the company explicitly disclaims any warranties or merchantability, fitness for a particular purpose, quiet enjoyment, and non-infringement of proprietary rights. The company makes no warranty that the services, data, user content and content will meet your requirements or be available on an uninterrupted, secure, or error-free basis. The company makes no warranty regarding the timelines, accuracy, performance, quality, truth, completeness or reliability of the services, data, user content and content. The company disclaims any warranties for other services or goods received through or advertised on the services, data, user content and content, or accessed through any links on the services. To the fullest extent permitted by the law, the company disclaims any warranties for viruses or other harmful components in connection with the services, data, user content or content. No advice or information, whether oral or written, obtained through the company or through the services, data, user content and/or content, will create any warranty not expressly made herein.

Limitation of Liability

In no event shall the company, its officers, owners, directors, employees, or agents, be liable to you for any direct, indirect, incidental, special, punitive, or consequential damages whatsoever resulting from any (I) errors, mistakes, or inaccuracies of the services, data, user content or content, (II) personal injury or property damage, of any nature, whatsoever, resulting from your access to and use of the services, (III) any unauthorized access to or use of the secure servers and/or any and all personal information stored, therein, (IV) any interruption or cessation of transmission to or from the services, (V) any bugs, viruses, Trojan horses, or the like, which may be transmitted to or through the services by any third party, and/or (VI) any errors or omissions in services, data user content or content or for any loss or damage of any kind incurred as a result of your use of any services, data, user content, or content posted, emailed, transmitted, or otherwise made available via the services, whether based on the warranty, contract, tort, or any other legal theory, and whether or not the  company is advised of the possibility of such damages. The forgoing limitation of liability shall apply to the fullest extent permitted by the law in the applicable jurisdiction. You specifically acknowledge that the company shall not be liable for user content or the defamatory, offensive, or illegal conduct of any third party that the risk of harm or damage from the forgoing rests entirely with you. The company does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the services or any hyper linked website or featured in any banner or other advertising, and the company will not be party to or in any way be responsible for monitoring any transaction between you and the third-party providers of products or services.

Indemnity

You agree to defend, indemnify and hold harmless the Company, its officers, owners, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to the Services; (ii) your violation of any term of these Terms of Use; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that one of your submissions caused damage to a third party. This defense and indemnification obligation will survive these Terms of Use and your use of the Services.

General

In the event that any provision in these Terms of Use is held to be invalid or unenforceable, the remaining provisions of these Terms of Use will remain in full force and effect. The failure of the Company to enforce any right or provision of these Terms of Use will not be deemed a waiver of such right or provision.
Your use of the Services indicates your acceptance of these Terms of Use. If you do not agree to be bound by these terms, please do not use the Services.
If you have any questions or comments in regards to these Terms of Use, please contact

contact@365digitalmarketing.in.

 

Privacy Notice

Last updated on June 12, 2020

365 digital marketing (the “Company”) understands your privacy is important. As described in this Privacy Policy, the Company websites and free and paid services (the “Services”) have been designed to protect information about you from unauthorized disclosure to others. This Privacy Policy explains how the Company collects, uses and, in certain circumstances, shares your information when you use the Services.

By using the Services, you explicitly consent to the collection and use of your information as outlined in this Privacy Policy.

  1. Automatic Information

When you use the Services, statistics about your website visitors are automatically collected. The Company monitors statistics such as how many people visit your website, the visitor’s IP address, pages visited, entry and exit points, from which domains visitors come and browser types. This data is used to provide the Services. This non-personally-identifiable information may be shared with third-parties to provide more relevant services and advertisements to users and visitors of the Services.

  1. Cookies

A “cookie” is a piece of data the Services transfer to your computer that identifies you as a unique user. Cookies enable the Services to recognize your browser and to provide features such as customization. The Services use cookies to improve the quality of the service and make the service easier to use for users. In order to provide you a seamless experience during a particular session, the Services store information about that session in cookies.
You can edit your browser options to prevent your browser from accepting new cookies or to notify you when you receive a new cookie. If you do not accept cookies, however, some features of the Services may not function properly.

  1. Sharing Information

Some of your information is visible to other users. The Services may use third parties to offer other or enhanced Services. Except as described in this privacy policy, you will be notified when your information may be shared with third parties and be able to opt-out of sharing your information.
You understand and agree that the Company may access, preserve, and disclose your information if required to do so by law or in a good faith belief that such access, preservation or disclosure is reasonably necessary to avoid liability, to comply with legal process, such as a search warrant, subpoena, statute, or court order, or to protect the Company rights and property, or that of the Company affiliates or the public.
In the event that the Services are acquired by or merged with a third party entity, the Company reserves the right, in any of these circumstances, to transfer or assign the information collected from the Services as part of such merger, acquisition, sale, or other change of control. In the unlikely event of bankruptcy, insolvency, reorganization, receivership, or assignment for the benefit of creditors, or the application of laws or equitable principles affecting creditors’ rights generally, the Company may not be able to control how your information is treated, transferred, or used.

  1. Third-Party Companies

The Company may allow other companies to serve advertisements within the Services. These third-party companies use technology to send, directly to your browser, the advertisements and links that appear within the Services. They may automatically receive your IP address when this happens. They may also use other technologies such as cookies or JavaScript to measure the effectiveness of their advertisements and to personalize the advertising content you see.
The Services do not provide any personally identifiable information to these advertising companies without your consent or except as part of a specific program or feature for which you will have the ability to opt-in and/or opt-out. However, please note that if an advertiser asks the Services to show an advertisement to a certain audience, for example, shopping malls based on Mumbai, and you respond to that advertisement, the company may conclude that you fit the description of the audience they are trying to reach. The advertiser may also use information regarding your use of the Services; such as the number of times you viewed an ad but not any personally identifiable information, to determine which ads to deliver to you.
This privacy policy does not apply to, and the Company cannot control the activities of, such advertisers or web sites.
The Services may contain links to other websites. Please be aware that the Company is not responsible for the privacy practices of other websites. The Company encourages users to be aware when they leave the Services and to read the privacy statements of each and every website that collects personally identifiable information to learn more about their information practices.
Information collected through the Services may be stored and processed in any country in which the Company maintains facilities. Consequently, the Company has the right to transfer information outside of your country. Therefore, you acknowledge and consent to the sharing of your information with the Company and Company-related entities worldwide.

  1. Security

The Services use industry standard security measures to protect your information so that it is not made available to unauthorized parties. The Company cannot, however, ensure or warrant the security of any information transmitted to the Services and you do so at your own risk.
Unauthorized entry or use, hardware or software failure, and other factors may compromise the security of your information at any time so please note that this is not a guarantee that such information may not be accessed, disclosed, altered, or destroyed by breach of any of the Service’s physical, technical, or managerial safeguards.
The Company may use outside companies to display ads on the Services and these ads may contain cookies collected by the ad companies. The Company does not have access to this information. Also, data transmission over the Internet cannot be guaranteed to be totally secure. Therefore, although the Company takes measures, such as those described in this Privacy Policy, to protect your information, the Company cannot warrant the security of information collected. Accordingly, you agree that you are providing such information at your own risk.

  1. International Users

The systems of the Services are hosted in India. If you are a user accessing the Services from the European Union, Asia, or any other region with laws or regulations governing personal data collection, use, and disclosure, that differ from Indian laws, please be advised that through your continued use of the Services, which is governed by Indian law, this Privacy Notice, and these Terms of Use, you are transferring your information to India and you consent to that transfer.

  1. Changes and updates to this Privacy Notice

This Privacy Notice may be revised periodically and this will be reflected by the Last Updated date at the top of this Privacy Notice. Please revisit this page to stay aware of any changes. Your continued use of the Services constitutes your agreement to this Privacy Notice and any future revisions.

Acceptance of Terms

By using this site you acknowledge and agree to the terms of this Privacy Policy. If you disagree with any term or condition in this Privacy Policy, please do not use the Services.
If you have any questions about this privacy statement, please contact contact@365digitalmarketing.in.

365 DIGITAL MARKETING Affiliate Program Terms of Service

Agreement

By signing up to be an Affiliate in the 365 DIGITAL MARKETING Affiliate Program (“Program”) you are agreeing to be bound by the following terms and conditions (“Terms of Service”).

365 DIGITAL MARKETING reserves the right to update and change the Terms of Service from time to time without notice. Any new features that augment or enhance the current Program, including the release of new tools and resources, shall be subject to the Terms of Service. Continued use of the Program after any such changes shall constitute your consent to such changes.

Violation of any of the terms below will result in the termination of your Account and for forfeiture of any outstanding affiliate commission payments earned during the violation. You agree to use the Affiliate Program at your own risk.

Account Terms

  • You must be 18 years or older to be part of this Program.
  • You must live in the United States to be an Affiliate.
  • You must be a human. Accounts registered by “bots” or other automated methods are not permitted.
  • You must provide your legal full name, a valid email address, and any other information requested in order to complete the signup process.
  • Your login may only be used by one person – a single login shared by multiple people is not permitted.
  • You are responsible for maintaining the security of your account and password. 365 DIGITAL MARKETING cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
  • You are responsible for all Content posted and activity that occurs under your account.
  • One person or legal entity may not maintain more than one account.
  • You may not use the Affiliate Program for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
  • You may not use the Affiliate Program to earn money on your own 365 DIGITAL MARKETING product accounts.

Links/graphics on your site, in your emails, or other communications

Once you have signed up for the Affiliate Program, you will be assigned a unique Affiliate Code. You are permitted to place links, banners, or other graphics we provide with your Affiliate Code on your site, in your emails, or in other communications. We will provide you with guidelines, link styles, and graphical artwork to use in linking to 365 DIGITAL MARKETING. We may change the design of the artwork at any time without notice, but we won’t change the dimensions of the images without proper notice.

To permit accurate tracking, reporting, and referral fee accrual, we will provide you with special link formats to be used in all links between your site and the 365 DIGITAL MARKETING. You must ensure that each of the links between your site and the 365 DIGITAL MARKETING properly utilizes such special link formats. Links to the 365 DIGITAL MARKETING placed on your site pursuant to this Agreement and which properly utilize such special link formats are referred to as “Special Links.” You will earn referral fees only with respect to sales on a 365 DIGITAL MARKETING product occurring directly through Special Links; we will not be liable to you with respect to any failure by you or someone you refer to use Special Links or incorrectly type your Affiliate Code, including to the extent that such failure may result in any reduction of amounts that would otherwise be paid to you pursuant to this Agreement.

Affiliate links should point to the page of the product being promoted.

Referral fees/commissions and payment

For a Product sale to be eligible to earn a referral fee, the customer must click-through a Special Link from your site, email, or other communications to https://www.365digitalmarketing.in and complete an order for a product during that session.

We will only pay commissions on links that are automatically tracked and reported by our systems. We will not pay commissions if someone says they purchased or someone says they entered a referral code if it was not tracked by our system. We can only pay commissions on business generated through properly formatted special links that were automatically tracked by our systems.

We reserve the right to disqualify commissions earned through fraudulent, illegal, or overly aggressive, questionable sales or marketing methods.

Payments only begin once you’ve earned more than Rs.150/- in affiliate income. If your affiliate account never crosses the Rs.150/- threshold, your commissions will not be realized or paid. We are only responsible for paying accounts that have crossed the Rs.150/- threshold.

Identifying yourself as a 365 DIGITAL MARKETING Affiliate

You may not issue any press release with respect to this Agreement or your participation in the Program; such action may result in your termination from the Program. In addition, you may not in any manner misrepresent or embellish the relationship between us and you, say you develop our products, say you are part of 365 DIGITAL MARKETING or express or imply any relationship or affiliation between us and you or any other person or entity except as expressly permitted by this Agreement (including by expressing or implying that we support, sponsor, endorse, or contribute money to any charity or other cause).

You may not purchase products through your affiliate links for your own use. Such purchases may result (in our sole discretion) in the withholding of referral fees and/or the termination of this Agreement.

Payment schedule

As long as your current affiliate earning are over Rs.150,/- (Indian Rupee, INR) you’ll be paid twice a month i.e. on 2nd and 16th of every month. If the mentioned dates are bank holidays in India. Then on the next working day. If you haven’t earned Rs.150/- since your last payment, we’ll pay you the following week after you’ve crossed the threshold.

Customer definition

Customers who buy products through this Program will be deemed to be our customers. Accordingly, all of our rules, policies, and operating procedures concerning customer orders, customer service, and product sales will apply to those customers. We may change our policies and operating procedures at any time. For example, we will determine the prices to be charged for products sold under this Program in accordance with our own pricing policies. Product prices and availability may vary from time to time. Because price changes may affect Products that you have listed on your site, you should not display product prices on your site. We will use commercially reasonable efforts to present accurate information, but we cannot guarantee the availability or price of any particular product.

Your responsibilities

You will be solely responsible for the development, operation, and maintenance of your site and for all materials that appear on your site. For example, you will be solely responsible for:

– The technical operation of your site and all related equipment
– Ensuring the display of Special Links on your site does not violate any agreement between you and any third party (including without limitation any restrictions or requirements placed on you by a third party that hosts your site)
– The accuracy, truth, and appropriateness of materials posted on your site (including, among other things, all Product-related materials and any information you include within or associate with Special Links)
– Ensuring that materials posted on your site do not violate or infringe upon the rights of any third party (including, for example, copyrights, trademarks, privacy, or other personal or proprietary rights)
– Ensuring that materials posted on your site are not libelous or otherwise illegal
– Ensuring that your site accurately and adequately discloses, either through a privacy policy or otherwise, how you collect, use, store, and disclose data collected from visitors, including, where applicable, that third parties (including advertisers) may serve content and/or advertisements and collect information directly from visitors and may place or recognize cookies on visitors’ browsers.

Compliance with Laws

As a condition to your participation in the Program, you agree that while you are a Program participant you will comply with all laws, ordinances, rules, regulations, orders, licenses, permits, judgments, decisions or other requirements of any governmental authority that has jurisdiction over you, whether those laws, etc. are now in effect or later come into effect during the time you are a Program participant. Without limiting the foregoing obligation, you agree that as a condition of your participation in the Program you will comply with all applicable laws (federal, state or otherwise) that govern marketing email, including without limitation, the CAN-SPAM Act of 2003 and all other anti-spam laws.

Term of the Agreement and Program

The term of this Agreement will begin upon our acceptance of your Program application and will end when terminated by either party. Either you or we may terminate this Agreement at any time, with or without cause, by giving the other party written notice of termination. Upon the termination of this Agreement for any reason, you will immediately cease use of, and remove from your site, all links to https://www.365digitalmarketing.in, and all of our trademarks, trade dress, and logos, and all other materials provided by or on behalf of us to you pursuant hereto or in connection with the Program. 365 DIGITAL MARKETING reserves the right to end the Program at any time. Upon program termination, 365 DIGITAL MARKETING will pay any outstanding earnings accrued above Rs.150/-.

Termination

365 DIGITAL MARKETING, in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the Program, or any other 365 DIGITAL MARKETING service, for any reason at any time. Such termination of the Service will result in the deactivation or deletion of your Account or your access to your Account, and the forfeiture and relinquishment of all potential or to-be-paid commissions in your Account if they were earned through fraudulent, illegal, or overly aggressive, questionable sales or marketing methods. 365 DIGITAL MARKETING reserves the right to refuse service to anyone for any reason at any time.

Relationship of Parties

You and we are independent contractors, and nothing in this Agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between the parties. You will have no authority to make or accept any offers or representations on our behalf. You will not make any statement, whether on your site or otherwise, that reasonably would contradict anything in this Section.

Limitations of Liability

We will not be liable for indirect, special, or consequential damages (or any loss of revenue, profits, or data) arising in connection with this Agreement or the Program, even if we have been advised of the possibility of such damages. Further, our aggregate liability arising with respect to this Agreement and the Program will not exceed the total referral fees paid or payable to you under this Agreement.

Disclaimers

We make no express or implied warranties or representations with respect to the Program or any products sold through the Program (including, without limitation, warranties of fitness, merchantability, noninfringement, or any implied warranties arising out of a course of performance, dealing, or trade usage). In addition, we make no representation that the operation of the 365 DIGITAL MARKETING will be uninterrupted or error-free, and we will not be liable for the consequences of any interruptions or errors.

Independent Investigation

YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND AGREE TO ALL ITS TERMS AND CONDITIONS. YOU UNDERSTAND THAT WE MAY AT ANY TIME (DIRECTLY OR INDIRECTLY) SOLICIT CUSTOMER REFERRALS ON TERMS THAT MAY DIFFER FROM THOSE CONTAINED IN THIS AGREEMENT OR OPERATE WEB SITES THAT ARE SIMILAR TO OR COMPETE WITH YOUR WEB SITE. YOU HAVE INDEPENDENTLY EVALUATED THE DESIRABILITY OF PARTICIPATING IN THE PROGRAM AND ARE NOT RELYING ON ANY REPRESENTATION, GUARANTEE, OR STATEMENT OTHER THAN AS SET FORTH IN THIS AGREEMENT.

Arbitration

Any dispute relating in any way to this Agreement (including any actual or alleged breach hereof), any transactions or activities under this Agreement or your relationship with us or any of our affiliates shall be submitted to confidential arbitration, except that, to the extent you have in any manner violated or threatened to violate our intellectual property rights, we may seek injunctive or other appropriate relief in any state or federal court (and you consent to non-exclusive jurisdiction and venue in such courts) or any other court of competent jurisdiction. Arbitration under this agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.

Miscellaneous

This Agreement will be governed by the laws of The United States, without reference to rules governing choice of laws. You may not assign this Agreement, by operation of law or otherwise, without our prior written consent. Subject to that restriction, this Agreement will be binding on, inure to the benefit of, and be enforceable against the parties and their respective successors and assigns. Our failure to enforce your strict performance of any provision of this Agreement will not constitute a waiver of our right to subsequently enforce such provision or any other provision of this Agreement.

The failure of 365 DIGITAL MARKETING to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and 365 DIGITAL MARKETING and govern your use of the Service, superceding any prior agreements between you and 365 DIGITAL MARKETING (including, but not limited to, any prior versions of the Terms of Service).