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Legal

Website Terms of Use

Last Updated: January 14, 2019.

TEAM Software, Inc. (“TEAM,” “we,” or “our”) operates several websites and applications on the Internet. These Website Terms of Use (the “Website Terms of Use”) apply to our publicly facing websites (the “Websites”) and their contents (the “Site Materials”). Our Application Terms of Use, available at www.teamsoftware.com/legal, apply to our web and mobile applications. By accessing and browsing the Websites, users of our Websites (“you”) agree to these Website Terms of Use:

 

1. Acceptable Use

You may access the Websites for private, noncommercial use, provided that you do not remove any attributions, copyright notices, or other proprietary notices from them or otherwise modify them. You may view but may not copy into long-term storage (such as by downloading or printing) the Websites for public or commercial purposes without TEAM’s written permission. In addition, you may not, without TEAM’s written permission, distribute, modify, reproduce, sell, offer to sell, transmit, prepare derivative works of, or otherwise use any pages of the Websites, other text or images displayed on the Websites, or other content or code provided on or otherwise made available in connection with the Websites without TEAM’s written permission. (All the foregoing pages, text, images, and other content and code are referred to as Site Materials).

The Site Materials may include images that are either the property of, or used with permission by, TEAM. Except to the extent you are authorized by Section 1 to copy unmodified pages of the Websites for private, noncommercial use, and without limiting the restrictions set forth in Section 1, any use of these images by you, or anyone else purportedly authorized by you, is prohibited. Unauthorized use of such images may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.

TEAM and its licensors retain all right, title, and interest in and to all copyrights and other intellectual property rights in or relating to the Websites and the Site Materials. In addition, TEAM and its licensors retain all right, title, and interest in and to all trademarks, service marks, logos, and other indicia of origin (collectively, the “Marks”) displayed on the Websites. Nothing contained on the Websites should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Mark displayed on the Websites without the written permission of TEAM. Any use of the Marks by you, or anyone else purportedly authorized by you, is prohibited. You are also advised that TEAM will aggressively enforce its intellectual property rights to the fullest extent of the law, including the seeking of criminal prosecution when appropriate.

You may link to the Websites, provided you do so in a way that does not damage TEAM’s reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on TEAM’s part without its express written consent.

 

2. User Contributions

Any communication or material you transmit to TEAM or the Websites by electronic mail or otherwise, including any data, questions, comments, or suggestions, is and will be treated as non-confidential and non-proprietary. You authorize TEAM and its affiliates, successors, and assigns to distribute, modify, reproduce, sell, offer to sell, transmit, prepare derivative works of, or otherwise use any communication or material that you transmit to TEAM or the Websites without condition or limitation. In addition, you authorize TEAM and its affiliates, successors, and assigns to use, for any purpose whatsoever, any ideas, concepts, know-how, or techniques contained or reflected in or otherwise resulting from any communication or material you transmit to TEAM or the Websites. You represent and warrant that you have the right to transmit or post any such communication or material that you transmit or post and to agree to these Website Terms of Use with respect to such communication or material.

 

3. No Warranty

THE WEBSITES AND ALL SITE MATERIALS ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND. NEITHER TEAM NOR ANY OTHER PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING, DELIVERING, OR UPDATING THE WEBSITES (EACH A “SITE PROVIDER”) MAKES ANY REPRESENTATION OR WARRANTY CONCERNING THE WEBSITES, THE SITE MATERIALS, OR YOUR USE OF THE WEBSITES OR ANY SITE MATERIALS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, TEAM DISCLAIMS, ON ITS OWN BEHALF AND ON BEHALF OF ANY AND ALL OTHER SITE PROVIDERS, ANY AND ALL IMPLIED WARRANTIES THAT MIGHT OTHERWISE ARISE OR APPLY, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR OF FITNESS FOR A PARTICULAR PURPOSE AND ANY IMPLIED WARRANTY OF TITLE, NON-INFRINGEMENT, OR QUIET ENJOYMENT. ALTHOUGH TEAM’S OBJECTIVE IS TO PROVIDE ACCURATE AND UP-TO-DATE INFORMATION ON THE WEBSITES, NEITHER TEAM NOR ANY OTHER SITE PROVIDER MAKES ANY REPRESENTATION OR WARRANTY OF ACCURACY, AND NEITHER TEAM NOR ANOTHER SITE PROVIDER WILL HAVE ANY RESPONSIBILITY OR LIABILITY FOR ANY ERROR OR OMISSION IN ANY SITE MATERIALS. IN ADDITION, THE USE OF ANTIVIRUS AND OTHER SECURITY SOFTWARE IS YOUR RESPONSIBILITY, AND NEITHER TEAM NOR ANY OTHER SITE PROVIDER WILL HAVE ANY RESPONSIBILITY OR LIABILITY FOR ANY VIRUS, WORM, OR OTHER MALICIOUS, INTRUSIVE, OR OTHERWISE HARMFUL CODE THAT MAY BE INTRODUCED INTO YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY AS A RESULT OF YOUR USE OF THE WEBSITES OR ANY SITE MATERIALS.

 

4. No Liability

NEITHER TEAM NOR ANY OTHER SITE PROVIDER WILL BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY DAMAGES, WHETHER DIRECT OR INDIRECT, ARISING OUT OF OR OTHERWISE RELATING TO THE WEBSITES, THE SITE MATERIALS, OR YOUR USE OF THE WEBSITES OR THE SITE MATERIALS. IN NO EVENT WILL TEAM OR ANY OTHER SITE PROVIDER BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES. THIS EXCLUSION OF SPECIAL, INCIDENTAL, CONSEQUENTIAL, AND PUNITIVE DAMAGES IS INDEPENDENT OF ANY OTHER LIMITATION OF REMEDY.

 

5. Third Party Websites and Postings

The Websites may contain links to other web sites or frames that contain pages, or portions of pages, of other web sites (“Other Site Materials”). TEAM has not necessarily reviewed such Other Site Materials and will not be responsible or liable to you or any other person or entity for any such Other Site Materials or their content or use. Any use by you of such Other Site Materials is at your own risk. Although TEAM may, from time to time, monitor or review postings, transmissions, uploads, etc. (collectively, “Postings”), if any, on the Websites, TEAM is under no obligation to do so and assumes no responsibility or liability arising from any Posting, its content, or any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger, or inaccuracy contained in any information in any Posting. You are prohibited from posting, transmitting, uploading, or otherwise causing to be placed on the Websites any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material, or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law or proprietary right of any third party. You understand and acknowledge that you are responsible for any Postings you submit or contribute, and you, not TEAM, have full responsibility for such content including its legality, reliability, accuracy, and appropriateness. TEAM will fully cooperate with any law enforcement authorities or court order requesting or directing TEAM to disclose the identity of anyone posting any such information or materials. TEAM may disable all or any social media features and any links at any time without notice in its sole discretion.

 

6. Changes to the Terms of Use

TEAM may, at any time, revise or update these Website Terms of Use, with or without notice, by updating this posting. The current Website Terms of Use can be found by clicking the hypertext link for Terms of Use on the Websites. All changes to these Website Terms of Use are effective immediately when we post them and apply to all access of the Websites thereafter. Your continued use of the Websites following the posting of revised Website Terms of Use will constitute your acceptance of the changes. As such, it is your responsibility to monitor the Website Terms of Use so you are aware of any changes.

 

7. Information We Collect

All information we collect on the Websites is subject to our Privacy Policy, which is available at http://teamsoftware.com/legal/. By using the Websites, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

 

8. Intended Users

The Websites are offered and available to users who are 13 years of age or older. By using the Websites, you represent and warrant that you are of legal age to form a binding contract with TEAM and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Websites. TEAM is based in the state of Nebraska in the United States. TEAM make no claims that the Websites or any of the Site Materials are accessible or appropriate outside of the United States. Access to the Websites may not be legal by certain persons or in certain countries. If you access the Websites from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

 

9. Miscellaneous Terms

These Website Terms of Use shall be governed by and construed in accordance with the laws of the State of Nebraska in the United States of America, without regard to principles of conflict of laws and without application of the Uniform Computer Information Transaction Act.  The parties agree that the exclusive jurisdiction and venue of any dispute amongst the parties shall be entered in the state or federal courts within the State of Nebraska, and each of the parties hereby waives any right to a trial by jury.  If any of the provisions of these Website Terms of Use are held to be in violation of applicable law, void, or unenforceable in any court of competent and appropriate jurisdiction, then such provisions are herewith waived to the extent necessary for these Website Terms of Use to be otherwise enforceable in such jurisdiction.  No waiver, modification or amendment of any provision hereof will be effective against TEAM unless it is in a signed writing by TEAM.  You may not assign your rights or obligations hereunder (including as a change of control) without the prior written consent of TEAM.  Subject to the foregoing, these Website Terms of Use will bind and inure to the benefit of the successors and permitted assigns of the parties.