Welcome to Core Logic 360, (“Core Logic 360,” “we,” “our,” or “us”). These Terms of Service (“Terms”) govern your access to and use of https://corelogic360.com (the “Site”), any sub-domains, and all related portals, dashboards, e-mail/SMS/voice features, APIs, software, and professional-services engagements we provide (collectively, the “Services”).

By visiting the Site, creating an account, executing an order form, clicking “I Agree,” or otherwise using the Services, you accept and agree to be bound by these Terms. If you do not agree, do not use the Services.

1. Eligibility

You must (a) be at least 18 years old, (b) have the authority to bind the company or organization you represent, and (c) not be barred from using the Services under applicable law.

2. Scope of Services

We offer software and consulting that help powersports dealers and related businesses automate marketing, manage leads, send e-mail/SMS/voice communications, and analyze performance. Specific features, service levels, and fees are described in (i) an online plan selection or (ii) a mutually executed order form or statement of work (“Order”).

3. Account Registration & Security

You agree to provide accurate information, keep it current, protect your credentials, and promptly notify us of any unauthorized use. You are responsible for all activity that occurs under your account.

4. Fees & Payment

• Fees, billing frequency, and payment terms are set out in the Order.
• Invoices are due net 15 days unless stated otherwise.
• Late payments may accrue 1.5 % interest per month (or the maximum rate permitted by law).
• All fees are non-refundable unless the Order expressly says otherwise.
• You are responsible for taxes, duties, and similar charges (excluding our income taxes).

5. Permitted Use & Prohibited Conduct

You may use the Services solely for lawful business purposes and in accordance with these Terms. You will not:

1. Send unsolicited or prohibited messages in violation of the CAN-SPAM Act, TCPA, CTIA guidelines, or similar laws.
2. Upload viruses or malicious code, overload or interfere with our networks, or attempt to reverse-engineer the software.
3. Use scraped, purchased, or stolen data, or any data to which you lack a valid legal basis.
4. Infringe or misappropriate intellectual-property, privacy, or other third-party rights.
5. Violate export-control laws, applicable sanctions, or any other law or regulation.

We reserve the right to suspend or terminate your access for violations—see Section 17.

6. Intellectual Property

All software, content, trademarks, and know-how provided by Core Logic 360 are our exclusive property or that of our licensors. You receive only the limited, revocable right to use the Services for your internal business needs during the subscription term. No other license—express or implied—is granted.

7. Your Content & License to Us

“User Content” means data, text, audio, images, or other material you or your authorized users submit to the Services. You retain all rights in your Content but grant us a worldwide, non-exclusive license to host, copy, process, transmit, and display it solely to provide and improve the Services. You represent that you have all rights and permissions necessary for that license.

8. Confidentiality

Information marked confidential or reasonably understood to be confidential (“Confidential Information”) may be used only to fulfill the Parties’ obligations and must be protected with reasonable care. Obligations do not apply to information that is (i) already public, (ii) independently developed, or (iii) rightfully obtained free of confidentiality restrictions.

9. Privacy

Our practices are described in the Core Logic 360 Privacy Policy. By using the Services, you consent to those practices and warrant that your collection and processing of personal data comply with all applicable privacy laws.

10. Telephone, SMS & E-mail Communications

If you use messaging or telephony features, you are the “sender” and solely responsible for:

• Obtaining the required opt-in consent, record-keeping, and honoring opt-out requests;
• Complying with the TCPA, CAN-SPAM, CTIA, and any industry-specific rules;
• Content, timing, and targeting of all messages.

We may block or throttle traffic we believe violates these Terms or any law.

11. Third-Party Services & Links

The Services may link to or integrate with third-party applications (“Third-Party Services”). Those providers are independent, and we are not responsible for their acts, omissions, or terms. Your use of Third-Party Services is at your own risk and subject to their agreements and privacy policies.

12. Beta Features

We may label certain features “beta,” “preview,” or “experimental.” Such features are provided “as-is,” without support or any uptime commitment, and may be discontinued at any time.

13. Warranty Disclaimer

Except as expressly stated in an Order, the Services are provided “as-is” and “as available.” We disclaim all warranties—express, implied, or statutory—including merchantability, fitness for a particular purpose, title, and non-infringement. We do not guarantee that the Services will be uninterrupted, error-free, or secure.

14. Limitation of Liability

To the fullest extent permitted by law:

• Indirect Damages. We will not be liable for indirect, consequential, special, incidental, or punitive damages, including lost profits or data, even if we knew they were possible.
• Cap on Liability. Our total liability arising out of or relating to the Services or these Terms will not exceed the total fees you paid to us in the twelve (12) months immediately preceding the event giving rise to the claim.
• These limitations apply regardless of the legal theory (contract, tort, negligence, strict liability, etc.).

15. Indemnification

You will defend, indemnify, and hold harmless Core Logic 360 and its affiliates, officers, directors, employees, and agents from any third-party claim, demand, action, or proceeding resulting from (a) your breach of these Terms, (b) your User Content, (c) your violation of law, or (d) your use of the Services in a manner that infringes or misappropriates any right of a third party.

16. Term & Termination

These Terms remain in effect while you use the Services. Either party may terminate (i) for cause if the other materially breaches and fails to cure within 30 days of written notice, or (ii) for convenience at the end of the then-current subscription term, by giving notice at least 30 days before renewal. Upon termination:

• Your license ends and you must cease using the Services.
• We will delete or return User Content in accordance with the Privacy Policy and our data-retention schedule, unless legal obligations require otherwise.
• Fees already paid are non-refundable, and outstanding amounts become immediately due.

17. Surviving Sections

Sections 6 (“Intellectual Property”), 7 (“Your Content & License”), 8 (“Confidentiality”), 13 (“Warranty Disclaimer”), 14 (“Limitation of Liability”), 15 (“Indemnification”), 17 (“Surviving Sections”), and 20 (“Miscellaneous”) survive termination.

18. Modifications to Terms

We may update these Terms by posting a revised version and changing the “Last updated” date. Material changes will be announced via e-mail or a prominent Site banner at least 15 days before they take effect. Continued use after the effective date constitutes acceptance of the changes.

19. Governing Law & Dispute Resolution

• Governing Law. These Terms are governed by the laws of the State of Missouri, USA, without regard to its conflict-of-laws rules.
• Informal Resolution. Before filing a claim, each party agrees to try to resolve the dispute informally for 30 days.
• Arbitration. If unresolved, any dispute arising out of or relating to these Terms or the Services will be finally settled by binding arbitration in St. Louis County, Missouri, administered by the American Arbitration Association under its Commercial Arbitration Rules. Judgment on the award may be entered in any court having jurisdiction.
• Exceptions. Either party may seek injunctive relief in any court of competent jurisdiction for alleged infringement or misuse of intellectual property or Confidential Information.
• Class-Action Waiver. Disputes must be brought on an individual basis; neither party may participate in a class or representative action.

20. Miscellaneous

• Entire Agreement. These Terms, any Order(s), and the Privacy Policy constitute the entire agreement and supersede all prior agreements on the same subject.
• Assignment. You may not assign these Terms without our prior written consent; we may assign them to a successor in connection with a merger, acquisition, or asset sale.
• Severability. If any provision is held unenforceable, the remaining provisions remain in full force.
• Force Majeure. Neither party is liable for failure to perform due to events beyond its reasonable control.
• No Waiver. A party’s failure to enforce any right is not a waiver of future enforcement.

21. Notices

• Legal notices must be in writing and delivered by (i) personal delivery, (ii) certified mail (return receipt requested), or (iii) reputable overnight courier to:

Core Logic 360, LLC
legal@corelogic360.com

• You consent to receive electronic communications from us (e.g., e-mails, in-app messages) related to the Services and these Terms.