Terms and Conditions
Welcome to TeamWorkOnline.com, which is owned and operated by TeamWork Online, LLC (“TeamWork,” "we," "us," “our”). The following terms and conditions, together with any documents and policies they expressly incorporate by reference (collectively, these “Terms of Use”) are a legally binding contract between us and “You” (in your capacity as “Job Seeker” or an employee or representative of an employer and on behalf of your employer, “Employer”), whether as a guest or registered user.
By creating an account on, registering, accessing, or using the TeamWorkOnline.com website, any related domains, subdomains and/or mobile online services that post a link to these Terms of Use (collectively referred to herein as the “Site”) and/or otherwise using, accessing or interacting with any services, features, products, programs or content (e.g., text, data, information, instruction, software, graphics, promotions, videos or photographs) that we own and control and make available through the Site (collectively, with the Site, the “Service”), you (a) and represent that you have read, understand, and agree to be bound by TeamWork’s Privacy Policy and consent to the collection and use of your data in accordance therewith; and (b) signify your assent and agreement to these Terms of Use (the “Contract”) then in effect. If you do not agree to this Contract do not register, access or use the Site and do not access or otherwise use any of the Services.
General
The Service is made available for use only by individuals searching for employment openings (“Job Seekers”) and by individuals and/or organizations seeking to make available information regarding employment openings, on their behalf or other’s behalf (“Employers”). These Terms of Use govern your use of the Service, including the offline collection of data for the Service, as an Employer. The word “you” and “User” as used in these Terms of Use refer to all visitors who browse the Site and individuals who access and use the Service on their own behalf and/or on behalf of an Employer. If you access or use the Site or Service on behalf of an Employer, then (a) “you” and “User” includes you and that Employer, and (b) you represent and warrant that you are an authorized representative of the Employer and have the authority to bind the Employer to these Terms of Use, and (c) you agree to these Terms of Use on behalf of yourself and such Employer.
In some instances, both these Terms of Use and separate guidelines, rules, or terms of service or sale setting forth additional or different terms and/or conditions will apply to your use of the Service or to a service or product offered via the Service (in each such instance, and collectively “Additional Terms”). To the extent there is a conflict between these Terms of Use and any Additional Terms, the Additional Terms will control but only with respect to the applicable product, function or service and unless the Additional Terms expressly state otherwise. All other terms and conditions in both these Terms of Use and the Additional Terms will remain in force.
TeamWork reserves the right, at any time, to modify, alter, or update these Terms of Use or any Additional Terms without prior notice. Any such changes will become effective immediately upon being posted on the Site. You agree that each visit you make to the Site shall be subject to the then-current Terms of Use and continued use of the Site now or following modifications of the Terms of Use confirms that you have read, accepted, and agreed to be bound by such modifications. Your continued use of the Service after such changes are posted constitutes an acknowledgement and acceptance of the Terms of Use and its modifications. Except as otherwise provided in this paragraph, these Terms of Use may not be amended.
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.
Content
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”).
Ownership
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.
Limited License
Subject to your strict compliance with these Terms and any applicable Additional Terms, TeamWork grants you a limited, non-exclusive, revocable, non-assignable, personal, and non-transferable license to access, display, view, use, play the TeamWork Content on a personal computer, browser, laptop, tablet, mobile phone or other wireless device, or other Internet-enabled device, and/or print one copy of the TeamWork Content (excluding source and object code in raw form or otherwise) as it is displayed to you, in each case for your internal business use only. The foregoing limited license (i) does not give you any ownership of, or any other intellectual property interest in, any TeamWork Content, and (ii) may be immediately suspended or terminated for any reason, in TeamWork’s sole discretion, and without advance notice or liability. In some instances, we may permit you to have greater access to and use of TeamWork Content, subject to certain Additional Terms. Your breach of any of these Terms of Use or Additional Terms automatically terminates this license.
TeamWork, in its sole discretion, reserves the right to terminate any legal contractual relationship with you, including your access to the Site and use of any Service at any time, for any reason, including, without limitation, your failure to timely pay any necessary fee to access the Site or utilize the Service or your violation of these Terms of Use, the TeamWork Privacy Policy or any Additional Terms or agreement between you and TeamWork. TeamWork will have no further obligation under these Terms of Use or any Additional Terms, or any agreement between You and TeamWork following the termination of your access to the Service.
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.
Eligibility
You must be 18 years of age or older, or the age of majority as defined in your jurisdiction, whichever is older, to use the Service, you represent and warrant that you have reached the age of majority in your jurisdiction and have the right, authority and capacity to agree to and abide by these Terms of Use. Not all products and services are available in all geographic areas. Your eligibility for particular products and services is subject to final determination by TeamWork and/or its affiliates.
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
To become a TeamWork member, you need to register with TeamWorkOnline.com. When registering, you must fill in all mandatory fields with true, accurate, current and complete information about yourself as prompted in the registration form and maintain and promptly update this information to keep it true, accurate, current and complete. As stated above, TeamWork's Privacy Policy will apply to the personal information you provide. TeamWork has the right to suspend or terminate your account and refuse any and all current or future access and use of its Site and services if it suspects that the information you provide is untrue, inaccurate, not current, incomplete, or for other reasons in TeamWork's sole discretion. TeamWork may offer third-party services and products to You based on the preferences that You identify in your registration and at any time thereafter; such offers may be made by TeamWork or by third parties. Please see TeamWork's Privacy Statement, the terms of which are incorporated herein by reference, for further details regarding your Information. Without limiting any of the other disclaimers of warranty set forth in these Terms, TeamWork does not provide or make any representation as to the quality or nature of any of the third-party products or services purchased through TeamWorkOnline.com or any other TeamWork's licensee's Site, or any other representation, warranty or guaranty. Any such undertaking, representation, warranty or guaranty would be furnished solely by the provider of such third-party products or services, under the terms agreed to by the provider.
Employer Activities
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 shall make available the link to your careers or jobs on the TeamWork system and related TeamWork services on your website. Should You use another ATS system connecting with the TeamWork system, the TeamWork system will be in front of that ATS. You grant to TeamWork a non-exclusive license to allow TeamWork a portal to your website. This license is for the limited purpose of carrying out the terms of these Employer Terms of Service, the Terms of Use and any other agreement between You and TeamWork, which includes related marketing, and directories for recruitment of candidates for Your site.
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.
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. The job posting, resume database (“TeamWork Resume Database”) and other features of the Service may be used only as expressly permitted by these Terms of Use and only for lawful purposes by you seeking employees. TeamWork Networking and User profiles may be used only for lawful purposes by You to network for professional purposes with other individuals.
Applicable Laws and Regulations
You are required to comply with all applicable laws and regulations, including without limitation, labor and employment laws, tax laws, export control laws and regulatory requirements, in connection with your access to and use of the Service, 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 Service, you warrant that you will not use the Service for any purpose that is unlawful or prohibited by these Terms of Use. Use of the Site by You is solely permitted for internal business purposes, and TeamWork does not grant you any express or implied rights to access or use the Service for any other purpose. You specifically may not sell, lease or rent access to the Service or otherwise transfer any rights to use the Service under these Terms of Use. By agreeing to these Terms of Use, you also 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.
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
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 protected] at the time you purchase your ticket to a TeamWork event.
User Content
General
TeamWork may now or in the future offer Users and Job Seekers the opportunity to create, build, post, upload, display, publish, distribute, transmit, broadcast, or otherwise make available on or submit through the Service, or on or in response to our pages or posts on any third party platforms or in connection with any of our promotions by any media or manner, or otherwise submitted to us (e.g., on our Facebook or other social media pages, in response to our tweets, or by sending it to us) (collectively, “submit”) messages, text, illustrations, files, images, graphics, photos, comments, responses, videos, information, content, ratings, reviews, data, questions, suggestions, personally identifiable information, or other information or materials and the ideas contained therein (collectively, “User Content”). Other than personal information, which is covered under the TeamWork Privacy Policy at https://www.teamworkonline.com/pages/privacy-policy, any User Content you submit to the Service shall be considered non-confidential and non-proprietary.
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.
TeamWork does not claim ownership of any User Content you submit or store on, to or through the Service. However, by submitting or storing User Content on, to, or through the Service, you grant TeamWork and its affiliates a license to use such 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). You expressly authorize TeamWork to modify User Content in order to conform to the interface or display requirements of TeamWork’s 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 these Terms of Use. You are prohibited from copying, reproducing or otherwise using the content relating to other Users of the Service for any purpose other than for those purposes strictly related to use of the Service as permitted under these Terms of Use. You 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 or internal business use.
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 of Use, 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 Service. 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
Scope of Disclosure
You understand and agree that TeamWork may at any time monitor, review, use, or disclose any content or communication posted or transmitted by, to, or from you on the Site. TeamWork does not necessarily monitor any materials posted, transmitted, or communicated to or within the Site but reserves the right to do so. Reviewing the Site includes, and is not limited to editing / revising / removing / modifying (in whole or part), introductory text, location text, first and last name. Monitoring includes and is not limited to use, or disclosing any content or communication posted or transmitted by, to, or from you on the Site, except for Personal Information covered by the Privacy Policy at https://www.teamworkonline.com/pages/privacy-policy. You further understand and agree that TeamWork may use or disclose any information related to you (including content or communications posted or transmitted on the Site) for any reason related to the operation of the Site, in order to investigate, prevent, or take action regarding activities that may be prohibited or unlawful, to exercise our legal rights under these Terms of Use, at the request of law enforcement or governmental authorities, or otherwise to protect the rights and property of TeamWork or any third-party in accordance with our Privacy Policy and these Terms of Use, and in connection with a corporate merger, sale, other similar transaction involving TeamWork.
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
Each time you submit any User Content, you represent and warrant that (a) you are the sole author and owner of the intellectual property and other rights to the User Content, or you have a lawful right to submit the User Content and grant to TeamWork the rights to it that you are granting by these Terms of Use and any applicable Additional Terms, all without any TeamWork obligation to obtain consent of any third party and without creating any obligation or liability of TeamWork, (b) the User Content is accurate, (c) the User Content does not and, as to TeamWork’s permitted uses and exploitation set forth in these Terms of Use and any applicable Additional Terms, will not infringe any intellectual property or other right of any third party, and (d) the User Content will not violate these Terms of Use (including the Prohibited Activities in Section 16 below or any applicable Additional Terms, or cause injury or harm to any person.
Security
You are responsible for maintaining the confidentiality of the password and username you provided during the registration process, and you are solely responsible for all activities that occur under your password or account, whether or not authorized by you. You agree not to share your password with any other party temporarily or permanently. You agree to immediately notify TeamWork of any unauthorized use of your password or username or any other breach of security relating to the Service. TeamWork reserves the right to require you to change your password or username for network security reasons. We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our opinion you have failed to comply with any of the provisions of these Terms of Use, or for any other reason, in our discretion. You are prohibited from selling, trading or otherwise transferring your TeamWork account or any information therein to another party or charging anyone for access to any portion of the Service, or any information herein. You are responsible for making all arrangements necessary for you to have access to the TeamWork and to the services provided therein. YOU ARE ALSO RESPONSIBLE FOR ENSURING THAT ALL PERSONS WHO ACCESS TEAMWORK THROUGH YOUR INTERNET CONNECTION ARE AWARE OF THESE TERMS OF USE AND THAT THEY COMPLY WITH THEM.
Proprietary Information
You acknowledge that TeamWork’s software and any and all documents, items, manuals, pamphlets, computer disks and other information, regardless of form or medium, provided you in connection with TeamWork’s system and related services (“Documentation”) are valuable assets and constitute the confidential and proprietary information and trade secrets of TeamWork. You shall use reasonable efforts to protect and keep TeamWork’s software, Documentation and all information and materials licensed by these Terms of Use confidential, 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 TeamWork except as is necessary in conjunction with your normal use of TeamWork’s software and Documentation and except as expressly provided for herein. You shall use all reasonable precautions and take necessary steps to prevent TeamWork’s software and Documentation, in whole or in part, from being acquired by unauthorized parties. Neither TeamWork 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 Your normal use of TeamWork’s software and Documentations without the prior written approval of the other party.
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.
Prohibited Activities
You are prohibited from violating or attempting to violate the security of the Site, including without limitation, the following activities: (a) post any jobs on the Site 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 Job Seeker or 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 the Service or technology underlying the Service, or other’s User 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 Service, without express written consent from TeamWork; (n) frame, mirror or link to any TeamWork Content or information available from the Service, 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; (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 the Site, the server(s) on which the Site is stored or any server, computer or database connected to the Site; (s) imply or state, directly or indirectly, that you are affiliated with or endorsed by TeamWork unless you have entered into a written agreement with TeamWork (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 the Service or TeamWork Content (excluding content posted by you) except as permitted in these Terms of Use; (u) remove, cover or otherwise obscure any form of advertisement included as part of the Service; (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 these Terms of Use or as the owner of such information may expressly permit; (x) interfere with or disrupt the Service, including but not limited to any servers or networks connected to the Site, or disobey any requirements, procedures, policies or regulations of networks connected to the Site; (y) use the Service in a resale capacity; (z) use the Service to operate a service bureau; and/or (aa) disable or circumvent any access control or related device, process or procedure established with respect to the Service or any part thereof.
Storage
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.
Your use of those Third-Party Sites is subject to the terms of use and privacy policies of each such site, and we are not responsible for anything contained therein. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from TeamWork or relating to any applications you use or install from the site.
Exposure
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 these Terms of Use to Attn: TOS Compliance, TeamWork Online, LLC 22550 McCauley Road; Shaker Heights, OH 44122.
Fees
You acknowledge that TeamWork reserves the right to charge for any portion of the Service 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 Service because you have breached these Terms of Use, you shall not be entitled to the refund of any unused portion of fees or payments (if any).
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
E-mail: [email protected]
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.
Indemnification
As permitted by applicable law, you agree to defend, indemnify and hold harmless TeamWork, its parents, subsidiaries, affiliates, and third-parties who contribute to the Service, and their respective officers, employees and agents from and against any and all claims, damages, losses, costs, charges, investigations, liabilities, judgments, fines, penalties, settlements, interest, and expenses (including reasonable attorneys’ fees and related costs) that arise out of or relate to (a) your User Content, including, without limitation, your submission of User Content that violates third-party rights or applicable laws, (b) your use of the Service and your activities in connection with the Service, including without limitation to the Service, (c) your failure to comply with these Terms of Use or any applicable Additional Terms, (d) your violation or alleged violation of any laws, rules, regulations, codes, statutes, ordinances, or orders of any governmental or quasi-governmental authorities in connection with your use of the Service or your activities in connection with the Service, (e) any misrepresentation made by you, and (f) TeamWork’s use of the information that you submit to us (including your User Content) subject to our Privacy Policy [/pages/privacy-policy] (collectively, “Claims and Losses”). TeamWork will provide notice to you promptly of any Claims and Losses, and TeamWork reserves the right and shall have the option, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate as fully required by TeamWork in the defense of any such Claim and Losses. You will not settle any Claims and Losses without, in each instance, the prior written consent of an officer of TeamWork. This section is not intended to limit any causes of action against us that you may have that are not waivable under applicable law.
Governing Law, Forum and Dispute Resolution
If You believe that you have a dispute, disagreement, issue or claim against TeamWork, please contact TeamWork first. If you wish to file a claim or other dispute for resolution, You must first notify TeamWork in writing via mail or parcel service with delivery confirmation to the following address: TeamWork Online LLC 22550 McCauley Road; Shaker Heights, OH 44122 with a description of the dispute, disagreement, issue or claim, and contact information to allow TeamWork to contact You. You and TeamWork shall make a good faith effort to settle and resolve any such dispute, disagreement, issue or claim. If You and TeamWork cannot reach a just and equitable solution within sixty (60) days of TeamWork's receipt of your notice, then upon notice by either You or TeamWork, any disputes shall be resolved by arbitration under the rules and auspices of the American Arbitration Association, to be held in Cleveland, Ohio, in English, with a written decision stating the legal reasoning issued by the arbitrator(s) at either party's request, and with arbitration fees and reasonable attorneys' fees of both parties to be borne by the party that ultimately loses. TeamWork may obtain injunctive relief (preliminary or permanent) and orders to compel arbitration or enforce arbitral awards in any court of competent jurisdiction. These Terms of Use are governed by the internal substantive laws of the State of Ohio, without respect to its conflict of laws principles. Jurisdiction for any claims arising under these Terms of Use shall lie exclusively with the state or federal courts within the State of Ohio.
Term and Termination
These Terms will remain in full force and effect while You are a User of the Service 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 the Service and immediately termination of your registration with or ability to access the Service, upon any breach by of these Terms of Service, or you are no longer a User of the Service, certain provisions of these Terms of Use 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, 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 Service. 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.
Severability Waiver
If any provision of these Terms of Use is found to be invalid or unenforceable by any court having competent jurisdiction, such provision shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intention of the parties, and the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect. No waiver of any term of these Terms of Use shall be deemed a further or continuing waiver of such term or any other term. In addition, TeamWork's failure to enforce any term of these Terms of Use shall not be deemed as a waiver of such term or otherwise affect TeamWork's ability to enforce such term at any point in the future.
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
You agree that no joint venture, partnership, employment, or agency relationship exists between you and TeamWork as a result of these Terms of Use or your access to and use of the Service. A printed version of these Terms of Use and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms of Use 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, these Terms of Use constitute the entire agreement between you and TeamWork and govern your use of the Service.
Export Control
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
You agree that you shall not resell or assign your rights or obligations under these Terms of Use. You also agree not to make any unauthorized commercial use of the TeamWork. These Terms of Use constitute a binding contract between You and TeamWork, and is accepted by You upon your use of the Site.