Restrictions on Use
TeamWork may include various message boards, forums, blogs and chat rooms where you can post your observations and comments on designated topics. TeamWork cannot guarantee that other members will not use the ideas and information that you share. Therefore, if you have an idea or information that you would like to keep confidential and/or don't want others to use, do not post it on the Site. TEAMWORK AND THE TEAMWORK AFFILIATES ARE NOT RESPONSIBLE FOR A MEMBER'S MISUSE OR MISAPPROPRIATION OF ANY CONTENT OR INFORMATION YOU POST IN ANY FORUMS, BLOGS AND CHAT ROOMS.
Applicable Laws and Regulations
You are required to comply with all applicable laws and regulations, including without limitation, tax laws, export control laws and regulatory requirements, in connection with your access to and use of the Site, and such further limitations as may be set forth in any written or online notice from TeamWork. As a condition of your access to and use of the Site, you warrant that you will not use the Site for any purpose that is unlawful or prohibited by this Agreement. Use of the Site by You is for your personal and non-commercial use, and TeamWork does not grant you any express or implied rights to access or use the Site for any other purpose. You specifically may not sell, lease or rent access to the Site or the services or otherwise transfer any rights to use the Site or the services under this Agreement.
Eligibility for TeamWorkOnline.com
TeamWork Professional Networking
TeamWork features TeamWork Professional Networking, ("TeamWork Networking") an on-line community designed to facilitate valuable professional networking among its Users based on common experiences and interests. By joining, consenting to join, opting in, or not opting out of Teamwork Online Professional Network (including Teammates, Squad, or similar on-line community owned or operated by TeamWork), You become a member of TeamWork Networking and receive access to an online individual profile, which you may customize with your personal information for display to other Users and for use in TeamWork Networking (your “Profile”). Any information you place in your Profile must describe and relate to You, an individual person. You may not have a Profile that contains false information or that purports to represent an animal, place, inanimate object, fictional character, or real individual that is not You. As a member of TeamWork Networking, You may be contacted by and respond to other Users, search for other Users, and view other User Profiles. Notwithstanding the above, You may terminate your membership in TeamWork Networking at any time, for any reason, by selecting that option under your TeamWorkOnline.com account settings or in your online Profile. Additionally, TeamWork may terminate your membership for any reason, effective upon sending notice to You at the email address You provide in your TeamWork Account, or such other email address as You may later provide to TeamWork.
Registration for TeamWork
You acknowledge that TeamWork may establish general practices and limits concerning use of TeamWorkOnline.com, including without limitation the maximum number of days that email messages, message board postings or other uploaded content will be retained by TeamWorkOnline.com, the maximum number of email messages or other content that may be sent from or received by an account on TeamWorkOnline.com, the maximum size of any email message, attachment, or other content that may be sent from or received by an account, the maximum disk space that will be allocated on TeamWorkOnline.com servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access TeamWorkOnline.com in a given period of time. In order to ensure a safe and effective experience for all of our customers, TeamWork reserves the right to limit the amount of data (including resume views) that may be accessed by You in any given time period. These limits may be amended in TeamWork's sole discretion from time to time. You agree that TeamWork has no responsibility or liability for the deletion or failure to store any messages and other communications or other content maintained or transmitted by TeamWorkOnline.com. You acknowledge that TeamWork reserves the right to log off accounts that are inactive for an extended period of time. You further acknowledge that TeamWork reserves the right to modify these general practices and limits from time to time, and in TeamWork's sole discretion.
TeamWork authorizes You to view and access a single copy of the content available on or from TeamWorkOnline.com solely for your personal use. The contents of TeamWorkOnline.com, and of all other Web sites under TeamWork's control, whether partial or otherwise, such as text, graphics, images, logos, button icons, software and other TeamWork content (collectively, "TeamWork Content"), are protected under both United States and foreign copyright, trademark and other laws. All TeamWork Content is the property of TeamWork or its content suppliers or licensees. The compilation (meaning the collection, arrangement and assembly) of all content on the Site is the exclusive property of TeamWork and is protected by United States and foreign copyright, trademark, and other laws. Unauthorized use of the TeamWork Content may violate these laws, and is strictly prohibited. You must retain all copyright, trademark, service mark and other proprietary notices contained in the original TeamWork Content on any authorized copy You make of the TeamWork Content. Each User grants TeamWork and its affiliates a license to use User Content. This license includes, inter alia, the right for TeamWork and its affiliates to reproduce, represent, adapt, translate, digitize, store, create derivative works, publish, distribute, and use for advertising purposes, whether commercial or non-commercial, to sublicense or to transfer User Content (including information, pictures, descriptions, search criteria, etc.) over all or part of the services and/or in any mailings of TeamWork and in general through any electronic communication media (email, SMS, MMS, WAP, Internet, CD Rom or DVD). Each User expressly authorizes TeamWork to modify User Content in order to conform to the interface or display requirements of the Services or of other communications media as set forth above, and/or to render them compatible with its technical performance or media format in question. These rights are granted throughout the world and for the entire term of this Agreement. The User is prohibited from copying, reproducing or otherwise using the content relating to other Users of TeamWork for any purpose other than for those purposes strictly related to use of the TeamWork services for personal purposes.
Trade and Service Mark Rights
The trademarks, logos, service marks and trade names (collectively the "Trademarks") displayed on TeamWorkOnline.com or on content available through TeamWorkOnline.com, whether or not appearing in large print or with the trademark symbol, are registered and unregistered Trademarks of TeamWork or their respective owners and may not be used in violation of applicable rights. Nothing contained on TeamWorkOnline.com should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on TeamWorkOnline.com without the written permission of the applicable rights holder.
User Content and Communications
Scope of Ownership/Use of Content
TeamWork does not claim ownership of any information or material you transmit, distribute, post, communicate or store on, to or through the Site. However, by submitting or posting information on, to, or through the Site, including without limitation, message boards, Profiles, forums, contests and chat rooms, You automatically grant TeamWork an irrevocable, royalty-free, perpetual, fully paid non-exclusive right (including moral rights) and worldwide license to use, copy, reproduce, modify, adapt, publish, translate, communicate to the public, perform, display, and distribute such User Content (in whole or in part) and to prepare derivative works of, or incorporate into other works (in any form, media or technology now known or later developed, for the full term of any rights that may exist in such content) such User Content, and to grant and authorize sublicenses thereof (through multiple tiers). You also represent and warrant that You have the right to grant or that the holder of any rights, including moral rights in such content, has completely and effectively waived all such rights and validly and irrevocably granted to You the right to grant, the license stated above. If you post User Content in any public area of the Site, You also permit any User to access, display, view, store and reproduce such User Content for personal use. Subject to the foregoing, the owner of such User Content placed on the Site retains any and all rights that may exist in such User Content.
Scope of Distribution
TeamWork acts as a passive conduit for the online distribution and publication of User Content and has no obligation to screen User Content, communications or information in advance and is not responsible for screening or monitoring User Content posted by Users. However, TeamWork may review and remove any User Content that, in its sole judgment, violates these Terms, violates applicable laws, rules or regulations, is abusive, disruptive, offensive or illegal, or violates the rights of, or harms or threatens the safety of, Users of the Site. TeamWork does not represent or guarantee the truthfulness, accuracy, or reliability of User Content or any other communications posted by Users or endorse any opinions expressed by Users. You acknowledge that any reliance on material posted by other Users will be at your own risk.
You agree not to transmit, distribute, post, communicate or store information or other material on, to or through the Site that: (a) is copyrighted, unless you are the copyright owner; (b) infringes on any other intellectual property rights of others or on the privacy or publicity rights of others; (c) reveals a trade secret, unless you own it; (d) is obscene, libelous, defamatory, threatening, harassing, abusive, malicious, hateful, sexually-explicit, or embarrassing to any other person or entity, advocates, promotes, incites, instructs, informs, assists or otherwise encourages violence or other illegal activities, or involves fraud, stalking, or otherwise violating the legal rights of others, is harmful to minors, attempts to mislead others about your identity or the origin of a message or other communication, or impersonates or otherwise misrepresents your affiliation with any other person or entity, or is otherwise materially false, misleading, or inaccurate, all as determined by TeamWork in its sole discretion; (e) is illegal or otherwise objectionable; (f) constitutes advertisements or solicitations of business, surveys, contests, chain letters or pyramid schemes; (g) contains viruses, Trojan horses, worms, time bombs, or other computer programming routines, engines or other software, data or programs that are intended to or may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data information, or property of another, including, but not limited to, the Site; (h) falsely states, impersonates or otherwise misrepresents your identity, including but not limited to the use of a pseudonym, or misrepresenting your current or previous positions and qualifications, or your affiliations with a person or entity, past or present; (i) includes telephone numbers, email addresses, street addresses or any personally identifiable information for which there is not a field provided by TeamWork; (j) includes information that you do not have the right to disclose or make available under any law or under contractual or fiduciary relationships (such as insider information, or proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements); (k) includes any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation (this prohibition includes but is not limited to (a) using TeamWork invitations to send messages to people who don't know you or who are unlikely to recognize you as a known contact; (b) using TeamWork to connect to people who don't know you and then sending unsolicited promotional messages to those direct connections without their permission; and (c) sending messages to distribution lists, newsgroup aliases, or group aliases); (l) forges headers or otherwise manipulate identifiers in order to disguise the origin of any communication transmitted through the Services; and/or (m) adds to a content field content that is not intended for such field (e.g. submitting a telephone number in the "title" field).
Scope of Disclosure
You are prohibited from violating or attempting to violate the security of TeamWorkOnline.com, including without limitation, the following activities: (a) post any jobs on TeamWorkOnline.com for any competitor of TeamWork or post jobs or other content that contains links to any site competitive with TeamWork without the expressed written consent of TeamWork. (b) post jobs or content on the Site that contain hyperlinks, "hidden" keywords or keywords that are irrelevant to the job or are otherwise misleading; (c) use any TeamWork Resume Database for any purpose other than as an employer seeking employees, including but not limited to using the information in the TeamWork Resume Database to sell or promote any products or services, unless agreed to in advance; (d) use TeamWork Networking for commercial recruitment, executive search, staffing, outsourced employment or any other professional employment or recruitment activity; (e) post or submit to the Site any incomplete, false or inaccurate biographical information or information which is not your own; (f) post on the Site any franchise, pyramid scheme, "club membership", distributorship or sales representative agency arrangement or other business opportunity which requires an up front or periodic payment, pays commissions only (except for postings that make clear that the available job pays commission only and clearly describes the product or service that the job seeker would be selling, in which case such postings are permissible), or requires recruitment of other members, sub-distributors or sub-agents; (g) send unsolicited mail or e-mail, make unsolicited phone calls or send unsolicited faxes regarding promotions and/or advertising of products or services to a User of the Site; (h) delete or revise any material posted by any other person or entity; (i) adapt, modify or create derivative works based on TeamWork or technology underlying the Services, or other Users' content, in whole or part; (j) take any action that imposes an unreasonable or disproportionately large load on the Site's infrastructure, including but not limited to, consuming a disproportionate amount of CPU time, bandwidth, memory storage space, or any other system or network resource; (k) notwithstanding anything to the contrary contained herein, use or attempt to use any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search the Site other than the search engine and search agents available from TeamWork on the Site and other than generally available third party web browsers (e.g., Internet Explorer, Firefox, Safari); (l) decipher, decompile, disassemble or reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for any underlying intellectual property used to provide TeamWork, or any part thereof; (m) aggregate, copy or duplicate in any manner any of the TeamWork Content or information available from the Site, without express written consent from TeamWork; (n) frame, mirror or link to any TeamWork Content or information available from the TeamWork Site, deep-link to the Site for any purpose, (i.e. including a link to a TeamWork web page other than TeamWork's home page) unless expressly authorized in writing by TeamWork; (o) utilize information, content or any data you view on and/or obtain from TeamWork to provide any service that is competitive, in TeamWork's sole discretion, with TeamWork; (p) disclose, harvest or otherwise collect information about others, including e-mail addresses, without their consent, or engage in any systematic extraction of data or data fields (q) disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other users are able to type, or otherwise act in a manner that negatively affects other users' abilities to engage in real time exchanges; and (r) use any device, software or routine to interfere or attempt to interfere with the proper working of the Site or any activity being conducted on the Site, or attempt to gain unauthorized access to TeamWorkOnline.com, the server on which TeamWorkOnline.com is stored or any server, computer or database connected to TeamWorkOnline.com; (s) imply or state, directly or indirectly, that you are affiliated with or endorsed by TeamWork unless you have entered in to a written agreement with TeamWork Online LLC (this includes representing yourself as an accredited TeamWork recruiter if you have not been certified by TeamWork as such); (t) duplicate, license, sublicense, publish, broadcast, transmit, distribute, perform, display, sell, rebrand, otherwise transfer or commercially exploit TeamWork or TeamWork Content (excluding content posted by you) except as permitted in this agreement; (u) remove, cover or otherwise obscure any form of advertisement included as part of TeamWork; (v) use any information obtained from TeamWork to harass, abuse or harm another person; (w) collect, use or transfer any information, including but not limited to, personally identifiable information obtained from TeamWork except as expressly permitted in this agreement or as the owner of such information may expressly permit; and/or (x) interfere with or disrupt TeamWork, including but not limited to any servers or networks connected to TeamWork, or disobey any requirements, procedures, policies or regulations of networks connected to the TeamWork.
Third-Party Content and Links to Third-Party Web Sites
You acknowledge and agree that by accessing or using the Site and the services, you may be exposed to materials from others that are offensive, indecent, or otherwise objectionable. You acknowledge that TeamWork may, but is not required to monitor, the Site, and that TeamWork has no liability to you for any third party content. You may report content or actions you believe may be in violation of this Agreement to Attn: TOS Compliance, TeamWork Online, LLC 22550 McCauley Road; Shaker Heights, OH 44122.
You acknowledge that TeamWork reserves the right to charge for any portion of the services provided through the Site and to change its fees (if any) from time to time in its discretion. If TeamWork terminates your use of the Site because you have breached the Agreement, you shall not be entitled to the refund of any unused portion of fees or payments (if any).
Additional Fees for Additional Services
You acknowledge and agree that you have the option, but not the obligation to enhance, expand or otherwise modify the Content you submit to TeamWork for use and distribution as noted herein for an additional monthly fee, which is specifically detailed on your acceptance or profile page that you create when submitting Content for use herein. TeamWork makes no representations, warranties or guarantees to you that your purchase of additional services - - including, but not limited to such things as newsletters, notations on your candidate application or URL addresses you provide TeamWork directing employers to another webpage - - shall in any way result in an greater probability of gaining an interview nor employment when using TeamWork and its products and services.
Notice of Copyright Infringement and Digital Millennium Copyright Act
Pursuant to the Digital Millennium Copyright Act, 17 U.S.C. Sec. 512, TeamWork has designated an agent to receive notices of claimed copyright infringement. If you believe that your work has been copied and is accessible on the Site in a way that constitutes copyright infringement, please provide TeamWork's Copyright Agent with the following information: (1) A description of the copyrighted work that You claim has been infringed; (2) A description of where the alleged infringing material is located; (3) your name, address, and daytime telephone number, and an e-mail address if available, so that TeamWork may contact you if necessary; (4) a statement that you have a good faith belief that the use of the copyrighted work is not authorized by the copyright owner, its agent, or the law; (5) an electronic or physical signature of the copyright owner or someone authorized on the owner's behalf to assert infringement of copyright and to submit the statement; and (6) A statement by You, made under penalty of perjury, that the above information in your Notice is accurate and that You are the copyright owner or authorized to act on the copyright owner's behalf.
TeamWork's Copyright Agent for notice of claims of copyright infringement on the Site is Buffy Filippell who can be reached as follows:
TeamWorkOnline.com, Inc. 22550 McCauley Road; Shaker Heights, OH 44122
By telephone: 216.360.1790 By facsimile: 216-292-9265
TeamWork will remove any content that infringes upon the copyright of any person under the laws of the United States upon receipt of such a statement (or, more specifically, any statement in conformance with 17 U.S.C. § 512(c)(3)). United States law provides significant penalties for submitting such a statement falsely.
Upon receipt of the written notification containing the information as outlined in 1 through 6 above: (1) TeamWork Online LLC may remove or disable access to the material that is alleged to be infringing; (2). TeamWork Online LLC may forward the written notification to such alleged infringer; and (3). TeamWork Online LLC may take reasonable steps to promptly notify the alleged infringer that it has removed or disabled access to the material.
Counter-Notification: If the alleged infringer believes that a notice of copyright infringement has been wrongly filed against it and it would like to submit a counter-notification, it may file a Counter-Notification in Response to Claim of Copyright Infringement with TeamWork's Copyright Agent. To be effective, a Counter-Notification must be a written communication provided to TeamWork's Copyright Agent for Notice that includes the following information: (1) A physical or electronic signature of the alleged infringer; (2) Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled; (3) A statement under penalty of perjury that the alleged infringer has a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and (4) The alleged infringer's name, address, and telephone number, and a statement that the alleged infringer consents to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if the alleged infringer's address is outside of the United States, for any judicial district in which TeamWork may be found, and that the alleged infringer will accept service of process from the person who provided notification or an agent of such person.
Upon receipt of a Counter-Notification containing the information as outlined in 1 through 4 above: (1) TeamWork Online LLC may promptly provide you with a copy of the Counter-Notification; (2) TeamWork Online LLC may inform you that it will replace the removed material or cease disabling access to it within ten (10) business days; and (3) TeamWork Online LLC may replace the removed material or cease disabling access to the material within ten (10) to fourteen (14) business days following receipt of the Counter-Notification, provided TeamWork Corporation's Copyright Agent for Notice has not received notice from you that an action has been filed seeking a court order to restrain Subscriber from engaging in infringing activity relating to the material on TeamWork Corporation's network or system. You may want to seek the advice of independent legal counsel before filing a notification or counter-notification.
Third Party Intellectual Property Rights
TeamWork, and all of its affiliated companies and licensees respect the intellectual property of others, and we ask our Users and content partners to do the same. The unauthorized posting, reproduction, copying, distribution, modification, public display or public performance of copyrighted works constitutes infringement of the copyright owner's rights. As a condition to your use of TeamWorkOnline.com, You agree not to use TeamWorkOnline.com or any other TeamWork Site to infringe the intellectual property rights of others in any way. We will terminate the accounts of any TeamWorkOnline.com Users, and block access to TeamWorkOnline.com and/or the other TeamWork Sites of any Users who are repeat infringers of the copyrights, or other intellectual property rights, of others. We reserve the right to take these actions at any time, in our sole discretion, with or without notice, and without any liability to the User who is terminated or to the User whose access is blocked.
TeamWorkOnline.com acts as a venue for employers to post jobs and candidates to post resumes or links to other webpages and Profiles and does not screen or censor the listings, including Profiles offered. TeamWork is not involved in the categorization, prioritization, screening selection, hiring (including any terms/conditions of hire), duties, compensation, promotion, demotion, discipline or termination of any User or Member, nor is Teamwork involved in the actual transaction between employers and candidates. As a result, TeamWork has no control over User Content, the quality, safety or legality of the jobs, resumes or Content posted, or the truth or accuracy of the listings, the ability of employers to offer job opportunities to candidates or the ability of candidates to fill job openings and TeamWork makes no representations about any jobs, resumes or User Content on TeamWorkOnline.com.
You fully acknowledge and agree with TeamWork’s role as a mere passive conduit for the online distribution and publication of User Content, and as such, covenant not to sue, release, forever waive and relinquish any claim, demand, suit, action or other cause of action against TeamWork or its agents, employees, officers, attorneys or representatives for any conduct arising out of your use of TeamWork’s products and services, including but not limited to:
All claims for wages, commissions, bonuses, employment benefits, attorneys’ fees or damages of any kind whatsoever; all claims arising out of any contract, express or implied; all claims for estoppel; all claims arising out of any alleged breach of the covenant of good faith and fair dealing, express or implied; all claims for wrongful discharge, tortious interference or violation of public policy; and all claims arising under any federal, state, or local statute or ordinance (including but not limited to the National Labor Relations Act, as amended (29 U.S.C. § 141 et seq. and 29 U.SC. §151 et seq.); Title VII of the Civil Rights Act of 1964, and the Civil Rights Act of 1991 (42 U.S.C. § 2000e et seq.); Sections 1981 through 1988 of Title 42 of the United States Code; the Employee Retirement Income Security Act of 1974, as amended (29 U.S.C. § 1001 et seq.); the Immigration Reform and Control Act of 1986 (8 U.S.C. § 1101 et seq.); the Americans with Disabilities Act of 1990, as amended (42 U.S.C. § 12101 et seq.); the Age Discrimination in Employment Act of 1967, as amended by the Older Workers Benefit Protection Act (29 U.S.C. § 621 et seq.); the Worker Adjustment and Retraining Notification Act of 1988 (29 U.S.C. § 2101 et seq.); the Family and Medical Leave Act (29 U.S.C. § 2601 et seq.); the Sarbanes-Oxley Act (18 U.S.C. § 1514A et seq.); the Ohio Civil Rights Act (Ohio Rev. Code Chapter 4112); and the Ohio Fair Minimum Wage Law (Ohio Const. Art. II, Sec. 34a and Ohio Rev. Code Chapter 4111)) (collectively referred herein as "Employment-Related Claims").
TeamWork may take any action with respect to User Content that it deems necessary or appropriate in its sole discretion if it believes that such User Content could create liability for TeamWork, damage TeamWork's brand or public image, or cause TeamWork to lose (in whole or in part) the services of its ISPs or other suppliers. While TeamWork reserves the right in its sole discretion to remove User Content, job postings, resumes or other material from TeamWorkOnline.com from time to time, TeamWork does not assume any obligation to do so and disclaims any liability for failing to take any such action. TeamWork Networking provides a venue for individuals to network for professional purposes and TeamWork does not screen or censor the Profiles or User Content on TeamWorkOnline.com. TeamWork is not involved in the actual communications between TeamWork Networking Users. As a result, TeamWork has no control over the accuracy, reliability, completeness, or timeliness of the Profiles or User Content submitted on TeamWorkOnline.com and makes no representations about any Profile or User Content on TeamWorkOnline.com. In addition, note that there are risks, including but not limited to the risk of physical harm, of dealing with strangers, foreign nationals, underage persons or people acting under false pretenses. You assume all risks associated with dealing with other Users with whom You come in contact through TeamWorkOnline.com and/or the other Teamwork Sites. By its very nature, other people's information may be offensive, harmful or inaccurate, and in some cases will be mislabeled or deceptively labeled. We expect that You will use caution and common sense when using TeamWorkOnline.com and/or the other TeamWork Sites. Because User authentication on the Internet is difficult, TeamWork cannot and does not confirm that each User is who they claim to be. Because we do not and cannot be involved in User-to-User dealings or control the behavior of participants on any TeamWork Site, in the event that You have a dispute with one or more Users, You release TeamWork (and our agents and employees) from claims, demands and damages (actual and consequential and direct and indirect) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. The TeamWork Sites and the TeamWork Content may contain inaccuracies or typographical errors. TeamWork makes no representations about the accuracy, reliability, completeness, or timeliness of any TeamWork Site or the TeamWork Content. The use of all TeamWork Sites and the TeamWork Content is at your own risk. Changes are periodically made to TeamWork Sites and may be made at any time. You acknowledge and agree that You are solely responsible for the form, content and accuracy of any resume or material contained therein placed by You on the TeamWork Sites. Employers are solely responsible for their postings on TeamWork Sites. As more specifically noted above, TeamWork is not to be considered to be an employer with respect to your use of any TeamWork Site and TeamWork shall not be responsible for any employment decisions, for whatever reason, made by any entity posting jobs on any TeamWork Site. TeamWork cannot guarantee and does not promise any specific results from use of TeamWorkOnline.com or any TeamWork Site. You may always elect to contact employers directly, without using TeamWork Online. No advice or information, whether oral or written, obtained by a User from TeamWork or through or from TeamWorkOnline.com or any other TeamWork Site shall create any warranty not expressly stated herein.
Disclaimer of Warranties
THE TEAMWORK SITES AND TEAMWORK CONTENT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT ANY WARRANTIES OF ANY KIND. TEAMWORK, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTY OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE AND NON-INFRINGEMENT. TEAMWORK MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE TEAMWORK CONTENT, SERVICES, SOFTWARE, TEXT, GRAPHICS, AND LINKS. TEAMWORK DOES NOT WARRANT THAT ANY TEAMWORK SITE WILL OPERATE ERROR-FREE OR THAT ANY TEAMWORK SITE AND ITS SERVERS ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MECHANISMS. TEAMWORK ASSUMES NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR, ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT, YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING IN THE SITE OR YOUR DOWNLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO, OR AUDIO FROM THE TEAMWORK. IF YOU ARE DISSATISFIED WITH THE SITE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE. TEAMWORK IS NOT RESPONSIBLE, AND MAKES NO REPRESENTATIONS OR WARRANTIES FOR THE DELIVERY OF ANY MESSAGES (SUCH AS INMAILS, POSTING OF ANSWERS OR TRANSMISSION OF ANY OTHER USER GENERATED CONTENT) SENT THROUGH TEAMWORK TO ANYONE. IN ADDITION, WE NEITHER WARRANT NOR REPRESENT THAT YOUR USE OF THE SERVICE WILL NOT INFRINGE THE RIGHTS OF THIRD PARTIES. ANY MATERIAL, SERVICE, OR TECHNOLOGY DESCRIBED OR USED ON THE WEBSITE MAY BE SUBJECT TO INTELLECTUAL PROPERTY RIGHTS OWNED BY THIRD PARTIES WHO HAVE LICENSED TO US SUCH MATERIAL, SERVICE, OR TECHNOLOGY. TEAMWORK DOES NOT HAVE ANY OBLIGATION TO VERIFY THE IDENTITY OF THE PERSONS SUBSCRIBING TO ITS SERVICES, NOR DOES IT HAVE ANY OBLIGATION TO MONITOR THE USE OF ITS SERVICES BY OTHER USERS OF THE COMMUNITY; THEREFORE, TEAMWORK DECLINES ALL LIABILITY FOR IDENTITY THEFT OR ANY OTHER MISUSE OF YOUR IDENTITY OR INFORMATION. TEAMWORK DOES NOT GUARANTEE THAT THE SERVICES WHICH IT PROVIDES WILL FUNCTION WITHOUT INTERRUPTION OR ERRORS IN FUNCTIONING. IN PARTICULAR, THEIR OPERATION MAY BE MOMENTARILY INTERRUPTED DUE TO MAINTENANCE, UPDATES, OR TECHNICAL IMPROVEMENTS. TEAMWORK DISCLAIMS ALL LIABILITY FOR DAMAGES CAUSED BY ANY SUCH INTERRUPTION OR ERRORS IN FUNCTIONING. FURTHERMORE, TEAMWORK DISCLAIMS ALL LIABILITY FOR ANY MALFUNCTIONING, IMPOSSIBILITY OF ACCESS, OR POOR USE CONDITIONS OF THE TEAMWORK SITE DUE TO INAPPROPRIATE EQUIPMENT, DISTURBANCES LINKED TO THE INTERNET SERVICE PROVIDER, TO THE SATURATION OF THE INTERNET NETWORK, AND FOR ANY OTHER REASON UNRELATED TO TEAMWORK.
Limitation of Liability
IN NO EVENT WILL TEAMWORK OR ITS AFFILIATES, OR ANY PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SITE BE LIABLE FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIAL, OR PUNITIVE DAMAGES ARISING OUT OF YOUR ACCESS, USE, MISUSE, OR INABILITY TO USE THE SITE OR ANY LINKED SITES, OR IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, OR LINE OR SYSTEM FAILURE. IN THE EVENT THAT YOU HAVE A DISPUTE WITH ANOTHER USER RELATED TO, ARISING FROM, OR IN ANY WAY CONNECTED WITH USE OF THE SITE, YOU RELEASE TEAMWORK FROM ANY CLAIMS, DEMANDS, AND DAMAGES OF EVERY KIND AND NATURE ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH A DISPUTE. TEAMWORK'S MAXIMUM TOTAL, AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH TEAMWORKONLINE.COM AND ANY INFORMATION OR SERVICES PROVIDED THEREIN, REGARDLESS OF THE CAUSE OF ACTION (WHETHER IN CONTRACT, TORT, BREACH OF WARRANTY OR OTHERWISE), WILL IN NO EVENT EXCEED $100. These limitations apply whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if TeamWork has been advised of the possibility of such damage. Because some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, TeamWork's liability in such jurisdictions shall be limited to the extent permitted by law. The TeamWork acts as a venue for employers/recruiters to post jobs and search for candidates, and for candidates to post resumes and search for jobs. TeamWorkOnline.com is not involved in the actual transaction between employers/recruiters and candidates. As a result TeamWorkOnline.com has no control over User Content, quality, safety, or legality of jobs or resumes posted and makes no representations about any jobs, resumes or User Content. TeamWorkOnline.com shall not be responsible for any employment decisions, for whatever reason, made by any entity posting jobs or seeking jobs on or through the TeamWork. You acknowledge and agree that you are solely responsible for the accuracy, form and substance of any of Your Content that is posted on the TeamWork.
Governing Law, Forum and Dispute Resolution.
Term and Termination
These Terms will remain in full force and effect while You are a User of TeamWorkOnline.com at any level. TeamWork reserves the right, at its sole discretion, to pursue all of its legal remedies, including but not limited to removal of your User Content from TeamWorkOnline.com and the other TeamWork Sites and immediate termination of your registration with or ability to access TeamWorkOnline.com and the other TeamWork Sites and/or any other services provided to You by TeamWork, upon any breach by You of these Terms or if TeamWork is unable to verify or authenticate any information You submit to TeamWorkOnline.com or pursuant to other TeamWork Site registration. Even after You are no longer a User of TeamWorkOnline.com, certain provisions of these Terms will remain in effect. You understand and acknowledge that you have no ownership rights in your account, and that if you cancel your account, all your account information from TeamWork, including resumes, profiles, cover letters, network contacts, saved jobs, questionnaires and email mailing lists, or any other materials saved on your account will be marked as deleted in TeamWork's databases and will be removed from any public area of the TeamWork Sites. Information may continue to be available for some period of time because of delays in propagating such deletion through TeamWork's web servers. In addition, third parties may retain cached copies of your Information.
Availability Outside the U.S.
TeamWork makes no claims that the TeamWorkOnline.com may be lawfully viewed or accessed outside of the United States. Access to the TeamWorkOnline.com may not be legal by certain persons or in certain countries. If You access the TeamWorkOnline.com from outside of the United States, You do so at your own risk and are responsible for compliance with the laws of your jurisdiction.
Relationship of Parties
You agree that no joint venture, partnership, employment, or agency relationship exists between you and TeamWork as a result of the agreement or your access to and use of the Site. A printed version of the agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to the agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Unless otherwise specified herein, the agreement constitutes the entire agreement between you and TeamWork and governs your use of the Site. If any portion of the agreement is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intention of the parties, and the remaining portions shall remain in full force and effect.
Your use of TeamWork services, including its software, is subject to export and reexport control laws and regulations, including the Export Administration Regulations ("EAR") maintained by the United States Department of Commerce and sanctions programs maintained by the Treasury Department's Office of Foreign Assets Control. You shall not directly or indirectly sell, export, reexport, transfer, divert, or otherwise dispose of any software or service to any end-user without obtaining any required authorizations from the appropriate government authorities. You also warrant that you are not prohibited from receiving US origin products, including services or software. 31. No Resale or Unauthorized Commercial use
Employer Terms of Service
When the words “You,” “User” or “Member” refers to an Employer and You login to an administration page, You hereby agree to the terms and conditions set forth on this page herein unless modified by any other written agreement between you and TeamWork Online (TWO).
You agree to abide by all League and company procedures regarding recruiting executives from your own league or competitive organizations. You agree and acknowledge that neither TWO, nor its employees, agents, officers, representatives or attorneys are aware of, privy to, parties to, or in any way bound by any agreements between any TWO candidate and his/her employer which restrict solicitation, competition and/or disclosure of confidential or proprietary information; nor is TWO aware of or bound by your league's or company's procedures or courtesies regarding recruiting executives from other teams in your league or competitive organizations.
You acknowledge that the Licensed Software and Documentation are valuable assets and constitute the confidential and proprietary information and trade secrets of TWO. You shall keep in strictest confidence the Licensed Software, Documentation and all information and materials licensed by this Agreement as well as any information which from the circumstance in which such information is to be made available to you in good faith, ought to be treated as confidential and proprietary.
You shall not use or disclose and shall not permit anyone else to use or disclose any such confidential or proprietary information without the prior written consent of TWO except as is necessary in conjunction with your normal use of the Licensed Software and Documentation and except as expressly provided for herein.
You shall use all reasonable precautions and take necessary steps to prevent the Licensed Software and Documentation, in whole or in part, from being acquired by unauthorized parties. Neither TWO nor you shall disclose the candidate record content to any third party, except as noted on the program and except as necessary with user and Licensee's normal use of the software and Documentations without the prior written approval of the other party.
You grant TeamWork a non-exclusive, royalty-free license to use the names, logo, trademarks, trade names, service marks and other identifying marks of Licensee solely for the purpose of informing TeamWork's prospective customers that Licensee is a customer of TeamWork during the term of your agreement. TeamWork may identify You as a user of the Licensed Software on its website and in its advertising and promotional activities in its list of clients.
You will provide a link to this network on the front page of your organization's website and mobile.
You and TWO each agree and acknowledge that each applicant owns the information content they have prepared about himself or herself included in the Applicant Database and that you own the information you prepare about each applicant.
By agreeing to these terms and conditions, you represent and warrant that you are an Equal Opportunity Employer who abides by all applicable federal, state, local and common laws affecting or in any way impacting the recruitment, hiring, terms and conditions, discipline and firing of potential and actual employees of your organization.