TERMS AND CONDITIONS:
You understand and agree that TeamWork may electronically provide to you either through posting of links on the Site or through electronic mail agreements, invoices and other documents, notices and communications regarding your relationship with TeamWork and/or the Service ("Communications"). You hereby consent to receipt of such Communications electronically.
The Service contains a variety of: (i) materials and other items relating to TeamWork and its products and services, and similar items from our licensors and other third parties, including all layout, information, articles, posts, text, data, files, images, scripts, designs, graphics, button icons, instructions, illustrations, photographs, audio clips, music, sounds, pictures, videos, advertising copy, URLs, links, technology, software, interactive features, the “look and feel” of the Service, and the compilation, assembly, and arrangement of the materials of the Service and any and all copyrightable material (including source and object code); (ii) trademarks, logos, trade names, trade dress, service marks, and trade identities of various parties, including those of TeamWork (collectively, “Trademarks”); and (iii) other forms of intellectual property (all of the foregoing, collectively “TeamWork Content”).
All right, title, and interest in and to the TeamWork Content available via the Service is the property of TeamWork or our content suppliers, licensors or certain other third parties, and is protected by U.S. and international copyright, trademark, trade dress, and other laws. TeamWork owns the copyright in the selection, compilation, assembly, arrangement, and enhancement of the TeamWork Content. Any 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.
Restrictions on Use
You agree not to sell or modify the TeamWork Content or reproduce, display, publicly perform, distribute, create a customer relationship management or other similar database or otherwise use the TeamWork Content (a) in any way for any public or commercial purpose, (b) in connection with products or services that are not those of TeamWork, or (c) in any other manner that is likely to cause confusion among consumers, that disparages or discredits TeamWork or its licensors, that dilutes the strength of TeamWork’s or its licensor's property, or that otherwise infringes TeamWork's or its licensor's intellectual property rights. You further agree to in no other way misuse TeamWork Content that appears on this Site. The use of the TeamWork Content on any other Web site, in a database or in a networked computer environment for any purpose is prohibited. Any code that TeamWork creates to generate or display any TeamWork Content or the pages making up any Site is also protected by TeamWork's copyright and you may not copy or adapt such code.
You represent and warrant that you (a) have not previously been suspended or removed from the Site, (b) are not a direct competitor of TeamWork, (c) you are not using any information to create a database, whether for commercial or noncommercial purposes; and (d) must provide all equipment and software necessary to connect to the Service, including, but not limited to, if the Service contains a mobile element, a mobile hand set or other mobile access device that is in working order and suitable for use in connection with Site and to use any part of the Service.
Registration for TeamWork
You grant TeamWork a non-exclusive, royalty-free license to use the names, logo, trademarks, trade names, service marks and other identifying marks of Yours in a non-commercial manner solely for the purpose of informing TeamWork's prospective customers that You are a customer of TeamWork. TeamWork may identify you as a user of TeamWork’s software on its website and in its marketing activities in its list of clients. TeamWork grants You the right to be listed and linked as a licensee on TeamWork’s website. Further, you agree and acknowledge that TeamWork shall be permitted to share your employer contact information to each person that purchases a ticket to a TeamWork event you attend.
You agree to abide by all applicable sports league (whether professional, semi-professional, amateur or recreational) and company procedures regarding recruiting executives, employees, contractors from your own league or competitive organizations. You agree and acknowledge that neither TeamWork 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 TeamWork candidate and his/her employer which restrict solicitation, competition and/or disclosure of confidential or proprietary information; nor is TeamWork 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.
Applicable Laws and Regulations
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 , You become a member of TeamWork Professional Network and employers can access your 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 Employers. 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.
TeamWork Events make it easier for employers to connect with you and you with them. By purchasing a ticket to a TeamWork event, you agree to allow TeamWork to provide attending employers access to your profile information for two days prior to and after the event, unless you email TeamWork Online at email@example.com at the time you purchase your ticket to a TeamWork event.
Scope of Ownership/Use of Content
You and TeamWork each agree and acknowledge that each Job Seeker owns the information content they have prepared about himself or herself included on the Service or contained in any TeamWork database and that the Employer owns the information that he or she writes about each Job Seeker.
Scope of Distribution
Scope of Disclosure
To help keep our records up-to-date, You understand and agree that if you alert TeamWork that you have accepted a new position and/or if you have a new job and it is public information and is not on your TeamWork profile, you grant TeamWork the right, if TeamWork so chooses, to update your experience section of your profile regardless of whether you obtained employment through TeamWork.
If you believe that something on the Site violates these Terms please contact our designated agent set forth in Section 16 below. TeamWork reserves the right to suspend, terminate, or limit the services you may use on the Site based upon such reported potential violations, or for any other reason, in TeamWork's sole discretion. If notified by a User of User Content or other materials which allegedly do not conform to these Terms, TeamWork may in its sole discretion investigate the allegation and determine whether to take any other actions and whether to remove or request the removal of the User Content. TeamWork has no liability or responsibility to Users for performance or nonperformance of such activities.
Representations and Warranties Relating to User Content
You shall not undertake any action that: 1) disparages or discredits TeamWork or its licensors; 2) dilutes the strength of TeamWork or its licensor's property; 3) infringe the intellectual property rights of TeamWork or its licensor.
You acknowledge that TeamWork may establish general practices and limits concerning use of the Site, including without limitation the maximum number of days that email messages, message board postings or other uploaded content will be retained by TeamWork, the maximum number of email messages or other content that may be sent from or received by an account on Site, 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 Site servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access the Site 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 the Site. You acknowledge that TeamWork reserves the right to deactivate or delete 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.
Third-Party Content and Links to Third-Party Web Sites
TeamWork may include or automatically produce links to other web sites which are owned and/or operated by third-party vendors and other third parties ("Third-Party Sites"). You acknowledge that TeamWork is not responsible or liable for and does not endorse any advertising, products or other materials on or available from such Third-Party Sites. TeamWork may also include articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software and other content or items belonging to or originating from third-parties (the "Third-Party Applications, Software or Content"). If you decide to access the Third-Party Sites or to use or install any Third-Party Applications, Software or Content, you do so at your own risk and you should be aware that our terms and policies no longer govern.
You acknowledge that you have the option, but not the obligation to enhance, expand or otherwise modify the User 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 User Content for use on or through the Service. TeamWork makes no representations, warranties or guarantees to you that your purchase of additional services will in any way result in any greater probability of identifying a viable candidate or filling an open position when using the Service.
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.
Disclaimer of Warranties
THE SERVICE 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, MAKES NO WARRANTIES WITH RESPECT TO THE SERVICE AND TEAMWORK CONTENT, AND EXPRESSLY 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, AVAILABILITY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE SERVICE OR TEAMWORK CONTENT. TEAMWORK DOES NOT WARRANT THAT THE SERVICE WILL OPERATE WITHOUT INTERRUPTION OR ERROR, OR THAT ANY SERVICE IS 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 SITE. IF YOU ARE DISSATISFIED WITH THE SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICE.
Limitation of Liability
AS PERMITTED BY LAW, IN NO EVENT WILL TEAMWORK OR ITS AFFILIATES, OR ANY PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICE BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR PUNITIVE LOSSES OR DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION LOSS OF PROFITS, LOSS OF DATA OR LOSS OF GOODWILL IN CONNECTION WITH, OR OTHERWISE DIRECTLY OR INDIRECTLY RELATED TO THE SERVICE (INCLUDING THE TEAMWORK CONTENT AND USER CONTENT), INCLUDING WITHOUT LIMITATION (A) YOUR ACCESS, USE, MISUSE, OR INABILITY TO USE THE SERVICE, OR THE PERFORMANCE OF THE SERVICE, (B) ANY ACTION IN CONNECTION WITH COPYRIGHT OR OTHER INTELLECTUAL PROPERTY OWNERS, (C) ANY ERRORS OR OMISSIONS IN THE SERVICE’S TECHNICAL OPERATION OR SECURITY, INCLUDING WITHOUT LIMITATION ANY COMPUTER VIRUS, SYSTEM DELAY OR FAILURE, OR COMPROMISE OR LOSS OF YOUR USER CONTENT OR OTHER DATA OR INFORMATION, OR (D) ANY DAMAGE TO ANY USER’S COMPUTER, HARDWARE, SOFTWARE, MODEM, OR OTHER EQUIPMENT OR TECHNOLOGY. or
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 THE SERVICE, REGARDLESS OF THE CAUSE OF ACTION (WHETHER IN CONTRACT, TORT, STRICT LIABILITY, BREACH OF WARRANTY OR OTHERWISE), WILL IN NO EVENT EXCEED THE GREATER OF $100 OR THE TOTAL FEES PAID BY YOU TO TEAMWORK IN THE SIX MONTHS IMMEDIATELY PRECEDING THE INCIDENT GIVING RISE TO YOUR CLAIM, EVEN IF TEAMWORK HAS BEEN ADVISED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGE.
Governing Law, Forum and Dispute Resolution
Term and Termination
Availability Outside the U.S.
TeamWork makes no claims that the TeamWorkOnline.com website or any part of the Service may be lawfully viewed or accessed outside of the United States. Access to the Service may not be legal by certain persons or in certain countries. If you access the Service from outside of the United States, you do so at your own risk and are responsible for compliance with the laws of that jurisdiction.
Relationship of Parties
Your use of TeamWork’s services, including its software, is subject to export and reexport control laws and regulations, including the Export Administration Regulations 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