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TERMS OF SERVICE FOR ELEVEN36 PLATFORM

Last Updated: October 9th, 2023

Eleven36, LLC (“Eleven36,” “we,” “us,” or “our”) has developed the Eleven36 Platform (the “Platform” or “Site”) through which Customers may purchase food industry equipment and other products (“Products”).  These Terms of Service (Terms”) govern your use of the Platform and the purchase of Products using the Platform.

PLEASE READ THESE TERMS CAREFULLY AS THEY CONTAIN VERY IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS WHEN USING THE PLATFORM.

ACCEPTANCE. BY CLICKING A BOX INDICATING YOUR ACCEPTANCE OF THESE TERMS OR EXECUTING AN ORDER FORM THAT REFERENCES THESE TERMS, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THESE TERMS.

BINDING ARBITRATION. THESE TERMS CONTAIN CONDITIONS, LIMITATIONS, AND EXCLUSIONS THAT MIGHT APPLY TO YOU, INCLUDING A PROVISION REQUIRING YOU TO RESOLVE DISPUTES BY BINDING ARBITRATION ON AN INDIVIDUAL BASIS.  YOU AGREE THAT ALL DISPUTES BETWEEN YOU AND US WILL BE RESOLVED BY MANDATORY BINDING ARBITRATION AND YOU WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION OR A RIGHT TO A JURY TRIAL REGARDING ANY DISPUTES ARISING OUT OF OR RELATED TO THESE TERMS.  PLEASE READ THESE TERMS CAREFULLY. 

UPDATES TO TERMS. WE MAY MODIFY THESE TERMS AT ANY TIME.  WE WILL NOTIFY YOU THAT WE HAVE UPDATED THESE TERMS BY PROVIDING A NOTICE AT THE TOP OF THESE TERMS OR THE SITE, OR BY COMMUNICATING WITH YOU IN ANOTHER MANNER.  ANY UPDATES WILL BE EFFECTIVE UPON POSTING.

  1. ACCESS TO AND USE OF THE PLATFORM.
    1. Eleven36 owns and operates the Platform which allows Customers to buy Products used in the foodservice industry.  In order to use the Platform, you are required to comply with these Terms.
    2. The Platform is provided as a convenience to Customers.  We may change the offerings on the Platform at any time or may cease to offer the Platform at any time. with no further obligations.
  2. CREATION AND USE OF ACCOUNTS.
    1. To use certain features of the Platform and to sell or make purchases using the Platform, you must create for an account for your organization (“Account”).  To create an Account, you must be at least the age of majority in the state you reside.
    2. If you are accessing the Platform on behalf of an organization, you represent and warrant that you have the authority to agree to these Terms and act on behalf of such organization and to bind such organization to any transactions made using the Platform under these Terms.  We may reject an application for an Account for any reason, in our sole discretion.
    3. You agree to use the Platform only to carry out business activities and not for any personal, household, or family purpose.  To be eligible to use the Platform, you must reside or be located in the United States of America.
    4. You are responsible for maintaining a primary email address, username, and password for your Account.  You must keep your password confidential, and you are responsible for all activities that occur under your Account.  If you believe your Account has been compromised, you must contact us immediately at help@eleven36.com.
    5. We may suspend or terminate your Account at any time in our sole discretion if you violate these Terms or if we suspect your Account is insecure or has been compromised.
  3. OWNERSHIP AND INTELLECTUAL PROPERTY RIGHTS.
    1. Eleven36 is the sole and exclusive owner of or has the rights necessary to offer you the ability to access and use the Platform.  The Platform consists of certain software, used to operate the Site and the Platform, including its design, layout and look (“Software”).  In addition, the Platform contains certain content, features, functionalities, applications, text, audio, video, graphics, interfaces, documentation (“Content”).  The Site, the Software and the Platform and all related intellectual property rights are collectively referred to as the Platform under these Terms.
    2. The Platform is subject to certain, patent, trademark, copyright, and other intellectual property rights.  Any unauthorized use of the Platform is strictly prohibited. The Platform may contain references to third-party marks and copies of third-party copyrighted materials, which are the property of their respective owners.
  4. PRIVACY. We collect, use, and share certain information and data when you use the Platform, including certain personal information. For more information about how we collect, use, protect and share personal information, please see our Privacy Policy, which is available here.
  5. AVAILABILITY. There may be times when the Platform and your Account are unavailable due to routine or emergency maintenance, support activities, or for reasons beyond Eleven36’s control.  We do not represent, warrant, or guarantee that the Platform or your Account will always be available or is completely free of errors.

You are responsible at your own expense for providing all equipment necessary to establish a connection to and access to the Internet, and any other connection fees associated with access to and use of the Platform.  We do not guarantee that the Platform will operate with your computer, hardware, software, mobile device, equipment, internet service plans, or mobile provider service plans, hardware, software, equipment, or another device you install on or use with your computer or other electronic device.

  1. ACCEPTABLE USE POLICY. If you use the Platform, you shall not:
      1. Copy, reproduce, display, duplicate, sell, publish, post, license, rent, distribute, modify, translate, adapt, reverse-engineer, or create derivative works of the Platform without our prior written consent.
      2. Use the Platform to violate any applicable laws, rules, or regulations.
      3. Violate rights of any third parties, including without limitation, any law or right regarding any copyright, patent, trademark, trade secret, or other proprietary or property rights.
      4. Engage in false advertising, telemarketing, unfair competition, defamation, invasion of privacy, or rights of celebrity.
      5. Provide false, untrue, or inaccurate information or data in connection with your access to and use of the Platform.
      6. Commit fraud or falsify data in connection with your use of the Platform or your sale or purchase of products using the Platform.
      7. Act maliciously against the business interests or reputation of Eleven36.
      8. Access or attempt to access any other person’s account, information, or content without permission.
      9. Engage in data mining or similar data gathering or extraction activities or retrieve data or other Content from the Platform for purposes of creating or compiling that Content for any purpose.
      10. Access, use, or copy any portion of the Platform through the use of indexing agents, spiders, scrapers, bots, web crawlers, or other automated devices or mechanisms.
      11. Use the Platform to post, transmit, input, upload, or otherwise provide any data or material that contains any viruses, worms, Trojan horses, logic bombs, time bombs, cancelbots, malware, ransomware, adware, or other harmful computer code or programming routines, including those designed to or that reasonably may disable, damage, impair, interfere with, surreptitiously intercept, or expropriate the Platform or any computers, hardware, software, system, data, or networks.
      12. Engage in activities designed to render the Platform inoperable, interfere with the operation of the Platform or make its use more difficult.
      13. Use the Platform to create a competing platform, business, or similar service offering.
  2. PRICING AND TERMS OF PURCHASE.
    1. Pricing. All prices, discounts, and promotions posted on the Platform are listed in U.S. Dollars and are intended to be valid only in the United States of America.  The prices are subject to change without notice.  The price charged for a Product will be the price in effect at the time the order is placed and will be set out in your order confirmation email.  Posted prices do not include taxes or charges for shipping and handling.  We strive to display accurate pricing information, however, we may, on occasion, make inadvertent errors, such as typographical errors, inaccuracies, or omissions related to pricing and availability.  We reserve the right to correct any errors, inaccuracies, or omissions at any time and to reject or cancel any orders arising from such occurrences.
    2. Taxes. All taxes and charges will be added to your Product total and will be itemized in your shopping cart and your order confirmation email.
    3. Promotions. We may offer, from time to time, promotions that may affect pricing and that are governed by terms and conditions separate from these Terms.  If there is a conflict between the terms for a promotion and these Terms, the promotion terms will govern.
    4. Payment Processing. We may use one or more third-party payment processor to process your payments for Products purchase from the Platform.
    5. Product Terms. Your order is subject to all terms and conditions contained on the Product page, including any terms related to pricing, shipping, freight, returns, or warranties offered by the manufacturer, if any.  Eleven36 does not warrant any Product purchased through the Platform other than as expressly stated on the Product page.
  3. SHIPMENTS; DELIVERY; TITLE AND RISK OF LOSS.
    1. Shipments. Where applicable, Customer shall choose from the available shipping methods and Eleven36 will arrange for shipment of the Products to Customer.  Unless otherwise agreed to in writing, Customer is responsible for all shipping and handling charges specified during the ordering process.
    2. Freight Services. Eleven36 may offer freight services for selected transactions through one or more third-party carriers in its sole discretion.  If we offer freight services, those services may be subject to additional fees and terms and conditions imposed by the third-party carrier.
    3. Delivery Dates. Shipping and delivery dates are estimates only and cannot be guaranteed.  Eleven36 is not liable for any losses or damages resulting from any delays in shipment.
    4. Installation. Unless expressly offered by Eleven36 in the Product listing, no installation services are included in the listed product price.  If agreed upon in writing, we may arrange for the shipment of the Products to a third-party for installation.
    5. Title and Risk of Loss. Title and risk of loss pass to the Customer upon Eleven36’s transfer of the Products to the freight carrier.  We strongly recommend that you fully insure your return shipment against loss or damage and that you use a carrier that can provide you with proof of delivery of your Products for your protection.
    6. Warranties. Any warranties for the Product are the manufacturers warranties only as described in the documentation provided by the manufacturer.  Eleven36 does not offer any warranties on top of the manufacture’s warranties.
  4. RETURNS AND REFUNDS. Please see our Returns and Refund Policy, here.  WE OFFER NO REFUNDS ON ANY PRODUCTS DESIGNATED ON THIS SITE AS FINAL SALE, NON-RETURNABLE OR NON-REFUNDABLE.

For defective returns, please refer to the manufacturer's warranty (see Section 10 included with the Product or as detailed on the Product page on our Site).

  1. MANUFACTURER'S WARRANTY AND DISCLAIMERS.
    1. No Warranties. We do not manufacture any of the Products offered on the Platform.  The availability of Products or services through our Site does not indicate an affiliation with or endorsement of any product, service, or manufacturer.  We do not offer any separate warranties on Products offered on the Platform, unless stated in a product listing.
    2. Manufacturer’s Warranties. The Products offered on our Site may be covered by a manufacturer's warranty as detailed in a product listing.
    3. Warranty Claims. To obtain warranty services for defective Products, you must follow the instructions included in the manufacturer’s warranty.
    4. WARRANTY DISCLAIMERS. WE MAKE NO WARRANTY, EXPRESS OR IMPLIED, WHATSOEVER WITH RESPECT TO THE PRODUCTS AND SERVICES OFFERED ON THE PLATFORM.  WE EXPRESSLY DISCLAIM ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT OR ANY WARRANTIES WHICH WOULD OTHERWISE ARISE BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE IN THE TRADE OR OTHERWISE.
    5. WAIVER OF LIABILITY FOR WARRANTY CLAIMS. BY USING THE PLATFORM, YOU AGREE THAT ELEVEN36 SHALL NOT BE LIABLE, UNDER ANY CIRCUMSTANCES, FOR ANY BREACH OF WARRANTY CLAIMS OR FOR ANY DAMAGES ARISING OUT OF A MANUFACTURER'S FAILURE TO HONOR ITS WARRANTY OBLIGATIONS TO YOU WITH REGARD TO PRODUCTS OR SERVICES PURCHASED THROUGH THE PLATFORM.
  2. NO WARRANTY ON USE OF THE PLATFORM.  THE PLATFORM IS PROVIDED “AS IS.” WE, OUR THIRD-PARTY LICENSORS, AND BUSINESS PARTNERS DO NOT WARRANT OR MAKE ANY PROMISES REGARDING THE CORRECTNESS, USEFULNESS, ACCURACY, AVAILABILITY, OR RELIABILITY OF: (i) YOUR ABILITY TO ACCESS AND USE THE PLATFORM, (ii) THE RESULTS OF YOUR USE OF THE PLATFORM; (ii) ANY INFORMATION YOU OBTAIN FROM THE SITE WHETHER PROVIDED BY US OR A THIRD PARTY; OR (iii) ANY OTHER CONTENT AVAILABLE THROUGH THE SITE.  WE DO NOT PROMISE THAT THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT ANY DEFECTS WILL BE CORRECTED. WE GIVE NO WARRANTY OF ANY KIND, INCLUDING ANY WARRANTY OF TITLE, MERCHANTABILITY, NON-INFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE.  WE, OUR THIRD-PARTY LICENSORS, AND BUSINESS PARTNERS WILL HAVE NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, MISDELIVERY, OR FAILURE TO STORE ANY COMMUNICATION, OR CONTENT.  WE DO NOT MAKE ANY REPRESENTATION OR WARRANTY CONCERNING ERRORS, OMISSIONS, DELAYS, OR DEFECTS IN THE ABILITY TO ACCESS OR USE THE PLATFORM OR ANY INFORMATION SUPPLIED TO YOU VIA THE PLATFORM, OR THAT CONTENT AVAILABLE THROUGH THE PLATFORM IS FREE OF VIRUSES, WORMS, TROJAN HORSES, OR OTHER CODE THAT INCLUDE OR MANIFEST CONTAMINATING OR DESTRUCTIVE CHARACTERISTICS.
  3. WAIVER OF LIABILITY. ELEVEN36 WILL NOT BE HELD RESPONSIBLE AND EXPRESSLY DISCLAIMS ANY LIABILITY WHATSOEVER FOR ANY CLAIMS, DEMANDS, INJURIES, LOSSES OR DAMAGES, DIRECT OR INDIRECT, OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY PRODUCT SOLD THROUGH THE PLATFORM.  BY USING THE PLATFORM, YOU RELEASE AND HOLD ELEVEN36, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS HARMLESS FROM ANY CLAIM, DEMAND, INJURIES, LOSSES, OR CONTROVERSY THAT MAY ARISE FROM ANY PRODUCTS OR SERVICES PURCHASED BY CUSTOMER AND FROM ANY DISPUTES BETWEEN ANY OTHER USE OF THE PLATFORM.
  4. LIMITATION OF LIABILITY. IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR ENHANCED DAMAGES, LOST PROFITS OR REVENUES OR DIMINUTION IN VALUE, ARISING OUT OF, OR RELATING TO, AND/OR IN CONNECTION WITH (A) USE OR INABILITY TO USE THE PLATFORM; (B) PRODUCTS SOLD USING THE PLATFORM; OR (C) THE SUBJECT MATTER OF THESE TERMS WHETHER SUCH DAMAGES WERE FORESEEABLE, WHETHER OR NOT WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NO MATTER THE LEGAL BASIS FOR SUCH CLAIM, WHETHER IN CONTRACT, TORT, STRICT LIABILITY, BREACH OF WARRANTY, STRICT LIABILITY OR OTHERWISE.

OUR SOLE AND ENTIRE MAXIMUM LIABILITY, FOR ANY REASON, AND YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY CAUSE WHATSOEVER ARISING FROM OR RELATING TO, AND/OR IN CONNECTION WITH (A) THE USE OR INABILITY TO USE THE PLATFORM, (B) THE PRODUCTS AND SERVICES SOLD USING THE PLATFORM, OR (C) THE SUBJECT MATTER OF THESE TERMS SHALL BE LIMITED TO ONE THOUSAND U.S. DOLLARS ($1,000.00 USD).

  1. INDEMNIFICATION. EXCEPT AS PROHIBITED BY APPLICABLE LAW, YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS ELEVEN36, ITS AFFILIATES, LICENSORS AND SERVICE PROVIDERS, AND ITS AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS, LICENSORS, SUPPLIERS, SUCCESSORS, AND ASSIGNS (“INDEMNIFIED PARTIES”) AGAINST ALL CLAIMS, DEMANDS, COMPLAINTS, ALLEGATIONS OR ACTIONS (“CLAIMS”) AND PAY ANY LOSSES, LIABILITIES, DAMAGES, JUDGEMENTS, SETTLEMENTS, FINES, PENALTIES, EXPENSES, AND COSTS (INCLUDING REASONABLE ATTORNEYS' FEES) (“LOSSES”) ARISING OUT OF OR RELATED TO: (A) YOUR ACCESS TO, USE OF, OR MISUSE OF THE PLATFORM OR THE USER CONTENT; (B) YOUR VIOLATION OF ANY APPLICABLE LAWS WHEN ACCESSING OR USING THE PLATFORM OR THE USER CONTENT; (C) ANY ACTIVITY OCCURRING UNDER YOUR ACCOUNT; (D) YOUR MISUSE OF ANOTHER PERSON'S PERSONAL INFORMATION; (E) YOUR INFRINGEMENT OR MISAPPROPRIATION OF OUR INTELLECTUAL PROPERTY RIGHTS OR THE INTELLECTUAL PROPERTY RIGHTS OF ANY THIRD PARTY; (F) THE PAYMENT METHODS PROVIDED FOR PURCHASES BY YOU; (G) SHIPPING; AND (H) YOUR VIOLATION OF THESE TERMS.
  2. DISPUTE RESOLUTION AND BINDING ARBITRATION.
    1. Any dispute, claim or controversy arising out of or relating to these Terms or the Platform, including the determination of the scope or applicability of these Terms to arbitrate (hereinafter, collectively, the “Dispute”), which cannot be resolved informally, shall be resolved by binding arbitration under the terms set forth below (the “Arbitration Agreement”).  The arbitration proceeding will be administered using the streamlined Arbitration Rules & Procedures of the Judicial Mediation, Arbitration and ADR Services (“JAMS”) before a single arbitrator.  The place of arbitration shall be in Waukesha County, Wisconsin, unless otherwise agreed to in writing by all parties to the arbitration.
    2. This provision does not prevent a party from seeking a claim for injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of a party’s intellectual property rights.  The institution of any action for injunctive relief shall not constitute a waiver of the right or obligation of any party to submit any claim seeking relief other than injunctive relief to arbitration.
    3. The decision of the arbitrator will be final and binding and will not have precedential effect.  The arbitrator shall not have the authority to award damages outside of those set forth in these Terms.  Any final award or judgment may be filed and enforced in any court of competent jurisdiction.  The parties shall share equally in the costs assessed for the arbitration, and each party shall bear its own attorneys’ fees and costs, unless the arbitrator determines that your claims were improper or frivolous, in which case the arbitrator may require you to reimburse us for certain fees and expenses.  Any arbitration proceeding may not be consolidated or joined with any other proceeding and will not proceed as a class action.
    4. The parties understand that they would have had a right or Opportunity to litigate disputes through a court, to have a judge or jury decide their case, and to participate in a class action or other proceeding involving multiple claimants, but they instead choose and agree to have all disputes as set forth herein decided through individual arbitration.
    5. The parties acknowledge that this Arbitration Agreement evidences a transaction involving interstate commerce, and the Federal Arbitration Act, 9 U.S.C. Sections 1–16, shall govern the interpretation, enforcement, and proceedings pursuant to this Arbitration Agreement.  The parties expressly agree that any and all actions taken under the Arbitration Agreement and related provisions, including but not limited to all filings, orders, judgments, and awards made in any arbitration proceeding, are confidential and may not be disclosed to any third party.
    6. The Arbitration Agreement provision will survive the termination of these Terms.
    7. Subject to applicable law, any claim by you arising in connection with these Terms, the Platform, or your purchase of products must be commenced by you within one (1) year of the accrual of a claim.
    8. If Eleven36 modifies this Arbitration Agreement, you may reject that change by sending Eleven36 written notice within thirty (30) days of our posting of the change, in which case we will terminate your Account(s) and you must stop using the Platform.  If you wish to opt out of the Arbitration Agreement, you must, within forty-five (45) days of first using the Site, send a letter stating “Request to Opt Out of Arbitration Agreement” to: N22W23685 Ridgeview Pkwy W, Waukesha, WI 53188.
    9. If any provision of this Arbitration Agreement is found unenforceable, the unenforceable provision will be severed, and the remaining arbitration terms will be enforced.
  3. TERM AND TERMINATION. If you violate these Terms, you are immediately prohibited from further use of the Platform and your Account.  We may suspend or terminate the Platform or your Account, in whole or in part, at any time in our sole discretion for any reason.  We shall not be liable to you or anyone else for any damages arising from or related to our suspension or termination of your access to the Platform or your Account, or in the event we modify, discontinue, or restrict the availability of the Platform or your Account (in whole or in part).
  4. DIGITAL MILLENNIUM COPYRIGHT ACT (DMCA). We respect the intellectual property rights of others, and we ask that you do the same.  We strive to expeditiously remove any infringing material from the Site if we become aware of it.  It is our policy to terminate repeat infringers’ Accounts and/or use of the Site to the extent technologically feasible.

If you believe that anything on the Platform infringes any copyright that you own or control, please see our DMCA Policy and follow the procedures described in that policy.  Our DMCA Policy only applies to those located in the United States.

  1. ELECTRONIC MARKETING. We offer marketing via, text or SMS messaging using a third-party text messaging service (“Text Messages”).  If you use consent to receive Text Messages, you may receive recurring marketing or promotional Text Messages in connection with use of the Platform through an automatic telephone dialing system.  This service is optional and is not a condition for purchase.  We may also send you Text Messages related to your use of the Platform that are sent for transactional rather than promotional purposes.

You can opt out of receiving any further Text Messages at any time by replying “STOP” to any Text Message you receive from us.  For help, reply “HELP” to any Text Message you receive from us or email help@eleven36.com.  Delivery of Text Messages are subject to your carrier and standard fees may apply.

By signing up to receive Text Messages, you are representing that you own or have the exclusive right to use the phone number you provide to us.  If you change or deactivate the phone number you provided, you have an affirmative obligation to update your account information and the phone number(s) attached to your account to prevent us from inadvertently communicating with anyone who acquires any phone number(s) previously assigned to you, and any new phone number(s) you attach to your Account may receive our standard marketing Text Messages unless you also unsubscribe via the above procedures.

  1. THIRD-PARTY LINKS. The Platform may link to websites and resources not maintained or controlled by us.  These links are provided for your convenience only.  We have no control over the content of those websites or resources.  We are not responsible for examining or evaluating the content or accuracy of, and does not warrant or endorse, any third-party website, resource, or any programs, products, or services made available through those websites or resources.  If you decide to access any of the third-party websites that are linked to this Platform, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
  2. FEEDBACK. We welcome comments regarding the Platform.  If you submit comments or feedback to us regarding the Platform, they will not be considered or treated as confidential.  We may use any comments and feedback that you send us in our discretion and without attribution or compensation to you.
  3. ASSIGNMENT. You will not assign any of your rights or delegate any of your obligations under these Terms without our prior written consent.  Any purported assignment or delegation in violation of this Section 21 is null and void.  No assignment or delegation relieves you of any of your obligations under these Terms.
  4. NO WAIVERS. The failure by us to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision.  The waiver of any right or provision will be effective only if in writing and signed by a duly authorized representative of Eleven36.
  5. NO THIRD-PARTY BENEFICIARIES. These Terms do not and are not intended to confer any rights or remedies upon any person other than you.
  6. FORCE MAJEURE. We will not be liable or responsible to you, nor be deemed to have defaulted or breached these Terms, for any failure or delay in our performance under these Terms when and to the extent such failure or delay is caused by or results from acts or circumstances beyond our reasonable control, including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest, national emergency, revolution, insurrection, pandemic, epidemic, lockouts, strikes or other labor disputes (whether or not relating to our workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage.  You will not be relieved of any payment obligation as a result of a force majeure event impacting your business.
  7. GOVERNING LAW AND JURISDICTION. This Platform is operated from the United States of America.  All matters arising out of or relating to these Terms are governed by and construed in accordance with the internal laws of the State of Wisconsin without giving effect to any choice or conflict of law provision.
  8. NOTICES.
    1. To You. We may provide any notice to you under these Terms by (i) sending a message to the email address you provide or (ii) by posting to the Site.  Notices sent by email will be effective when we send the email and notices we provide by posting will be effective upon posting.  It is your responsibility to keep your email address current.
    2. To Us. To give us notice under these Terms, you must contact us by overnight courier, or registered or certified mail to N22W23685 Ridgeview Pkwy W, Waukesha, WI 53188.  We may update the address for notices to us by posting a notice on the Site.  Notices provided by personal delivery will be effective immediately.  Notices provided by overnight courier will be effective one business day after they are sent.
  9. SEVERABILITY. If any provision of these Terms is invalid, illegal, void, or unenforceable, then that provision will be deemed severed from these Terms and will not affect the validity or enforceability of the remaining provisions of these Terms.
  10. SURVIVAL. The Sections of these Terms which by their nature are intended to survive the termination of these Terms shall continue as valid and enforceable obligations of the parties notwithstanding such termination.
  11. ENTIRE AGREEMENT. These Terms, including all incorporated policies incorporated by reference will be deemed the final and integrated agreement between you and us on the matters contained in these Terms.
  12. CONTACT US. If you have any questions regarding these Terms, please contact us at:

By email:

help@eleven36.com

By mail:

Eleven36, LLC

N22W23685 Ridgeview Pkwy W

Waukesha, WI 53188