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Effective Date: 12.17.08
YOU MUST AGREE TO THIS MANDATORY TERMS OF USE AGREEMENT BEFORE USING
THIS WEBSITE.
Team Networking, Inc. (hereinafter “Team Networking”) provides this
website and website-related services (collectively, the "Website")
subject to your compliance with the mandatory terms of use set forth in
this agreement (the "Agreement"). This Agreement, and the terms and
conditions listed in the Privacy Policy, govern the relationship between
Team Networking and you, the Visitor, with respect to your use of the
Website. YOUR USE OF THE WEBSITE BINDS YOU TO THESE MANDATORY TERMS OF
USE AND THE TERMS AND CONDITIONS CONTAINED IN THE PRIVACY POLICY. If you
do not agree to these Mandatory Terms of Use, you must not use the
Website.
As used in this Agreement, the words “you” and “your” refer to any
person accessing the Team Networking Website. The words “we,” “us,” and
“our” refer to Team Networking.
Team Networking may, at any time and in our sole discretion, revise or
update this Agreement by posting an amended Agreement on the Website.
Any changes that are made to this Agreement will be effective
immediately upon posting. Please check this page periodically for
changes to the Agreement. Your use of the Website following the posting
of an updated Agreement constitutes acceptance of the last updated
Agreement.
Further, Team Networking reserves the right, at any time, to modify or
discontinue, temporarily or permanently, the Website (or any part
thereof) without notice to you. You agree that Team Networking shall not
be liable to you or to any third party for any modification, suspension
or discontinuance of the Website, or of any Materials (as defined
below).
If you have any questions about this Agreement, please contact us at
info@Team Networking.com.
SITES COVERED
This Agreement applies to the Team Networking Website located within the
Team Networking.com domain, as well as various other Team Networking
controlled websites that link to this Agreement.
LICENSE TO USE WEBSITE
Team Networking hereby grants you a limited, non-exclusive license to
access the Website subject to and in accordance with the mandatory terms
of use of this Agreement. The Mandatory Terms of Use impact your legal
rights and responsibilities and should be read carefully. Any violation
of the terms or conditions of this Agreement is grounds for immediate
termination of this limited license. If you do not agree to these
Mandatory Terms of Use, discontinue your use of this website
immediately.
IMPORTANT NOTICES/DISCLAIMER
Team Networking makes available the information and materials on the
Website, including but not limited to summaries, descriptions,
publications, Team Networking News, SuccessNet, Team Networking
Founder’s Award, the Team Networking Foundation, surveys, articles,
seminars, information regarding Team Networking members, tutorials and
any other such materials appearing on the Website (the "Materials"), for
general informational purposes only.
The Materials are not intended to constitute, and DO NOT constitute,
financial, investment, medical, legal or business advice. Those
accessing the Materials should not act upon them without first seeking
business legal, financial, medical or other such counsel, as these
Materials are general in nature, and may not apply to a particular
circumstance. As such, the Materials should not be used as a substitute
for consultation with a professional adviser. Please consult a
professional adviser should you have questions regarding any of the
above mentioned issues. Neither Team Networking, nor its affiliates,
employees, agents, officers or directors will be responsible for any
decisions you may make.
The Web site may contain typographical errors or inaccuracies, including
but not limited to errors or inaccuracies related to price, product
information, product description or availability, and may not be
complete or current. Team Networking therefore reserves the right to
correct any errors, inaccuracies or omissions (including after any order
has been submitted, confirmed and/or charged to your credit card) and to
change or update information at any time without prior notice. Please
note that such errors, inaccuracies or omissions may relate to pricing
and availability, and we reserve the right to cancel or refuse to accept
any order placed based on incorrect pricing or availability information.
We have made every effort to display as accurately and reliably as
possible the colors, sizes, dimensions, materials, textures, and all
other physical aspects (“Depiction”) of the goods that appear on the
Website. However, we cannot guarantee, and make no warranty, promise, or
agreement that any depicted or described product actually comports with
its Depiction or description.
Any price quotation, service information or any other such information
regarding the provision of and fees for any goods or service offered by
Team Networking are provided purely for informational and illustrative
purposes. Team Networking does not guarantee, and makes no warranty,
promise, or agreement that any depicted or described goods or services
are actually offered or comports with its description on the Website.
Team Networking reserves the right to cease offering any such services
or benefits to any prospective or actual member or customer at any time,
in all cases without notice or liability.
AVAILABILITY OF SERVICE
While Team Networking makes reasonable efforts to ensure that the
Website is available at all times, Team Networking does not guarantee,
represent or warrant that access to the Website will be uninterrupted or
error-free, and Team Networking does not guarantee that users will be
able to access or use all or any of the Website features at all times.
Team Networking may change, suspend or discontinue any (or all) aspects
of the Website at any time, including the availability of any Website
feature. Team Networking may also impose limits on the use of or access
to certain features or portions of the Website, or restrict your access
to any part or all of the Website, in all cases without notice or
liability. You are prohibited from attempting to or actually accessing
those portions of the Website for which you have no permission.
RULES OF CONDUCT
You agree to comply with all applicable laws, rules and regulations in
accessing and/or using the Website and/or any Materials. In addition,
your use of the Website is conditioned on your compliance with the
within rules of conduct as well as all other terms of the Agreement.
You agree not to use the Website for any unlawful or fraudulent purpose,
including impersonating any person or entity, including, but not limited
to, any Team Networking employee, agent, or representative; or
expressing or implying that Team Networking endorses any statement you
make.
You also may not modify, adapt, translate, copy, reverse engineer
decompile or disassemble any portion of the Website or Materials.
Further, you may not interfere with or disrupt the operation of the
Website, including restricting or inhibiting any other person from using
the Website by means of hacking, or defacing any portion of the Website.
Further, transmitting or otherwise making available in connection with
the Website any virus, worm, Trojan horse, root kit or other harmful
code is prohibited. Moreover, you may not interfere with or violate any
other Website visitor's or user's right to privacy or other rights, or
harvest or collect personally identifiable information about Website
visitors or users, or about Team Networking employees or other
individuals identified on the Website, without their express written
consent.
You are also proscribed from selling, reselling, transferring, licensing
or exploiting for any commercial purposes any use of or access
(including sharing of passwords and login information) to the Website or
the Materials. Finally, you may not frame, mirror, in-line link to, or
make other similar use of, all or any part of the Website or the
Website’s content, including Team Networking’s or any other party’s
intellectual property therein, without our prior express written
authorization.
To the extent that you may access or download any software that is made
available through Team Networking from the Website ("Software"), such
Software is the copyrighted work of Team Networking and/or its various
third party licensors. Your use of the Software is governed by the terms
of the end user license agreement, if any, which accompanies or is
included with the Software. You may not install or use any Software that
is accompanied by or includes such an end user license agreement unless
You first agree to the terms of such agreement. Any warranty applicable
to the Software will be specified in the terms of the License Agreement
and no additional warranties are provided herein. If you have any
inquiries concerning these terms, please consult Team Networking before
accessing any programs
YOU UNDERSTAND AND AGREE THAT ANY UNAUTHORIZED USE OF ANY WEBSITE
MATERIALS OR SOFTWARE WILL BE SUBJECT TO STIPULATED DAMAGES IN THE
AMOUNT OF $50,000, TOGETHER WITH ANY OTHER REMEDIES AVAILABLE TO TEAM
NETWORKING AT LAW OR EQUITY.
CONTENT SUBMITTED OR MADE AVAILABLE TO Team Networking
The Website may contain bulletin board services, chat areas, news
groups, forums, communities, personal web pages, calendars, and/or other
message or communication facilities designed to enable you to
communicate with the public at large or with a group (collectively,
"Communication Services"). You agree to use the Communication Services
only to post, send and receive messages and material that are proper and
related to the particular Communication Service.
Team Networking will not claim ownership of any data, text, software,
music, sound, photographs, graphics, video, messages, tags, or other
materials (“Content”) you submit or make available for inclusion through
any Communication Service. However, by agreeing to the Mandatory Terms
of Use, you hereby grant Team Networking a worldwide, royalty-free,
nonexclusive, unrestricted, sub-licensable, perpetual, irrevocable
license to Team Networking to use, distribute, reproduce, modify, adapt,
create derivative work from, publish, translate, publicly perform,
publicly display the Content (in whole or in part) and to incorporate
such Content into other works in any format or medium now known or later
developed, for any purpose whatsoever, commercial or otherwise, without
providing compensation to you or any person, without any liability
whatsoever. You further expressly permit, license, and assent to Team
Networking’s right to register, deposit, or otherwise record any
modification or derivative work created by Team Networking from the
Content with any foreign or domestic registrations body, including but
not limited to the United States Copyright Office or the United States
Patent and Trademark Office. You further hereby expressly and
irrevocably waive all moral rights in the Content, in favor of Team
Networking and any of its successors or assigns.
By submitting any documents, comments, questions, suggestions, plans,
notes, drawings, ideas, proposals, or materials similar thereto
(“Submissions”) to Team Networking, through any Communication Service,
you hereby explicitly agree that: (a) your Submissions do not contain
confidential or proprietary information; (b) your Submissions
automatically become the property of Team Networking without any
obligation of Team Networking to you; (c) Team Networking is not under
any obligation of confidentiality relating to the Submissions, either
express or implied; (d) Team Networking shall be entitled to use or
disclose the Submissions in any way, manner, purpose or otherwise,
worldwide; (e) Team Networking may have under consideration or
development similar ideas to the Submissions; and (f) you are not
entitled to any compensation or reimbursement of any kind from Team
Networking in exchange for the Submissions.
You agree not to upload, distribute, make available, or otherwise
publish through any Communication Service any Content that:
contains a virus, corrupt file, or any other similar software of
programs which may damage the operation of another’s computer;
is unlawful or encouraging of another to commit unlawful activity;
violative of the rights of any party, infringing upon the patent,
trademark, trade secret, copyright, or other intellectual or proprietary
property right of any party;
defamatory, libelous, obscene, pornographic, indecent, lewd,
inappropriate, invasive of privacy or publicity rights, abusing,
threatening, harassing, threatening, or otherwise objectionable;
Constitutes advertisements or offers to sell or buy goods or services of
any kind, unless authorized by Team Networking;
Contains a survey, contest, pyramid scheme or chain letter;
May restrict of inhibit any other user from using the Communication
Services; or
Violate any rules of conduct which may be applicable to a particular
Communication Service.
Team Networking retains the right, but not the obligation, to monitor
any activity and Content submitted, posted, uploaded, or otherwise
communicated to any Communication Service. Team Networking may block,
edit, or remove any Content it deems to be violative of this Agreement,
or any other Content of Submissions that Team Networking deems, in Team
Networking’s sole discretion, to be objectionable or in any way not in
furtherance of the goals or purposes of Team Networking, the Website or
the particular Communication Service. However, Team Networking takes no
responsibility and assumes no liability for any Content posted by you,
or any damage caused by another user’s access to such content on the any
Communication Service, whether before or after any removal of such
Content by Team Networking. Team Networking in no way endorses any
Content posted to any Communication Service.
Further, Team Networking may access and use the Website and any
Communication Service and any information stored thereon, including the
contents of any Content of Submissions, for any lawful purpose. Further,
Team Networking may disclose the contents of any Content or Submissions
to any third party, including any law enforcement agency, to protect our
rights or property, or for any other reason.
Team Networking’S INTELLECTUAL PROPERTY RIGHTS
The Materials, the Website and its downloadable contents are protected
by the copyright laws of the United States and other jurisdictions. You
recognize that while some of the Materials available on the Website may
be compiled from publicly available sources, the compilation of such
materials represents protectable effort and expression exerted by Team
Networking, and you agree not to contest same. You may print and/or
download a copy of any part of the Website for your personal,
non-commercial use, but you may not copy, distribute, make commercial
use of or otherwise exploit any part of the Materials or the Website for
any other purpose without the express written consent of Team
Networking, and you may not modify any part of the Website for any
reason. Inclusion of any part of the Website in another work, whether in
printed, electronic or other form, or inclusion of any part of the
Website in another website by linking, framing, in-line linking, or
otherwise, is strictly prohibited without agreeing to Team Networking’s
Mandatory Terms of Use and obtaining Team Networking’s prior express
written authorization. Additionally, you may not remove any trademark,
copyright, or other rights notice which appears on the Website.
The trademarks, service marks, logos and any designs used or displayed
on the Website specific to Team Networking are trademarks and/or service
marks owned by Team Networking. Any use of copyrighted works, trademarks
or service marks, including the reproduction, modification, distribution
or republication of same without the prior express written permission of
Team Networking is strictly prohibited. Other copyrighted works,
trademarks, service marks, trade names and company logos utilized on the
Website are the property of their respective owners. All rights
reserved. The appearance of any such third party trademarks does not in
any way imply any connection, license, approval or other such
relationship of any kind with such third party.
The website may also contain samples of Team Networking’s programs for
informational purposes. These programs cannot be used for any commercial
purpose. Moreover, certain technology and programs may be subject to
intellectual property rights, and any unauthorized use is strictly
prohibited.
DIGITAL MILLENIUM COPYRIGHT ACT
If you believe that any Content, Submission, or other material posted on
the Website infringes the copyright in your work, please contact our
copyright agent, designated under the Digital Millennium Copyright Act
(“DMCA”) (17 U.S.C. §512(c)(3)), with correspondence containing the
following:
A physical or electronic signature of the owner, or a person authorized
to act on behalf of the owner, of the copyright that is allegedly
infringed;
Identification of the copyrighted work claimed to have been infringed;
Identification, with information reasonably sufficient to allow its
location of the material that is claimed to be infringing;
Information reasonably sufficient to permit Team Networking to contact
you;
A statement that you have a good faith belief that use of the material
in the manner complained of is not authorized by the copyright owner,
its agent, or the law; and,
A statement that the information in the notification is accurate, and
under penalty of perjury, that you are authorized to act on behalf of
the owner of an exclusive right that is allegedly infringed.
You acknowledge that if you fail to comply with all of the requirements
of this Section, your DMCA notice may not be valid.
ENFORCEMENT OF THE AGREEMENT
Team Networking may investigate any reported, alleged or suspected
violation of this Agreement, and take any action that Team Networking,
in its sole discretion, deems appropriate. Such action may include
issuing warnings, suspension of a user’s access to the Website or
complete termination of such access, at any time. Team Networking
reserves the right to recover those amounts spent in connection with
enforcement, from any violation of these terms.
LIMITATION OF LIABILITY AND DISCLAIMER OF WARRANTIES
IN NO EVENT SHALL Team Networking, ITS SUPPLIERS OR OTHER THIRD PARTIES
MENTIONED ON THE WEBSITE BE LIABLE FOR ANY DAMAGES WHATSOEVER RESULTING
FROM YOUR USE OR ANY OTHER INDIVIDUAL’S USE OF OR ACCESS TO THE WEBSITE
OR ANY GOODS OR SERVICES CONTAINED HEREON. Team Networking DOES NOT
WARRANT THAT ACCESS TO THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE.
ADDITIONALLY, Team Networking DOES NOT WARRANT THAT ANY INFORMATION
TRANSMITTED BY Team Networking TO ANY INDIVIDUAL VIA THE WEBSITE IS
ACCURATE OR EFFECTIVE. FURTHER, NEITHER Team Networking, NOR ANY OTHER
PARTY INVOLVED IN THE CREATION, PRODUCTION OR HOSTING OF THE WEBSITE
SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL,
SPECIAL OR PUNITIVE DAMAGES ARISING OUT OF YOUR USE AND/OR ACCESS TO THE
WEBSITE OR ANY GOODS OR SERVICES CONTAINED HEREON. YOUR SOLE REMEDY FOR
DISSATISFACTION WITH THE WEBSITE OR THE MATERIALS IS TO STOP USING THE
WEBSITE OR THE MATERIALS.
WITHOUT LIMITING THE FOREGOING, EVERYTHING ON THE WEBSITE IS PROVIDED TO
YOU "AS IS" AND Team Networking SPECIFICALLY DISCLAIMS ALL WARRANTIES,
EXPRESSED OR IMPLIED, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT
WITH RESPECT TO THE WEBSITE, ITS CONTENTS, AND ANY GOODS OR SERVICE
PROVIDED VIA THE WEBSITE.
INDEMNITY
You agree to defend, indemnify and hold harmless Team Networking, its
affiliates and its suppliers, and each of their respective partners,
employees, representatives and agents, from and against all claims,
losses, costs, damages, liabilities and expenses (including, but not
limited to, attorney fees) arising out of:
Your activities in connection with the Website;
Any violation of this Agreement by you;
Any improper or unauthorized use of the Materials by you; and
Any conduct, activity or action which is unlawful or illegal under any
state, federal or common law, or violative of the rights of any
individual or entity, engaged in, caused by, or facilitated in any way
through the use of software or information which appears on the Website.
Any allegation that anything you transmit or attempt to transmit,
including but not limited to any Content you submit, post, or otherwise
make available, through or in connection with the Website infringes or
otherwise violates the intellectual property, privacy or other rights of
any third party.
To the extent that you voluntarily provide your login, password or
member information to another, you agree to be bound by and responsible
for their actions hereon.
SEVERABILITY
If any provision of this Agreement is found for any reason to be
unlawful, void or unenforceable, then that provision will be deemed
severable from this Agreement and will not affect the validity and
enforceability of any remaining provision.
INCORPORATION OF PRIVACY POLICY
We use your information only as described in the Privacy Policy, which
is expressly incorporated as terms of this Agreement. If you object to
anything in the Privacy Policy, please do not use our services or
contact us directly to determine whether a special exemption or
modification may be warranted.
CHOICE OF LAW AND JURISDICTION
Unless otherwise specified, the Website and its contents are provided
solely for providing information. The Website is controlled and operated
by Team Networking from California, in the United States of America. You
agree that any dispute arising under the Agreement shall be resolved
exclusively by California State or federal courts, applying California
law, regardless of any principles of conflicts of law. By your use, you
waive any jurisdictional, venue or inconvenient forum objections to such
courts for purposes of resolving these disputes.
Although the Website is available worldwide, you understand and agree
that the law of your home jurisdiction may provide protections not
provided in the United States, and that by visiting the Website, you
unequivocally and unambiguously agree to submit and adjudicate any
disputes which arise out of such use pursuant to the terms and
conditions stated in this Choice of Law and Jurisdiction clause.
LINKS TO OTHER WEBSITES
The Website may contain links to other sites ("Third Party Websites").
These links are provided solely for the convenience of our users. Team
Networking does not necessarily endorse, sanction or verify the accuracy
of the information contained on Third Party Websites. Once you access a
Third Party Website through a link on the Website, you are no longer
covered by the Privacy Policy or Mandatory Terms of Use of the Website,
and you may be subject to the Terms and Conditions and Privacy Policy of
such Third Party Website. Concerns regarding a Third Party Website
should be directed to the Third Party Website itself. Team Networking
bears no responsibility for any action associated with any Third Party
Website.
POLICIES FOR CHILDREN
The Website is not directed to individuals under the age of 13, nor does
it contain information which would be potentially harmful to minors in
any way. However, we advise all visitors to the Website under the age of
13 not to disclose or provide any Personally Identifiable Information.
In the event that Team Networking discovers that a child under the age
of 13 has provided Personally Identifiable Information to us, we will
delete the child's Personally Identifiable Information in accordance
with the Children's Online Privacy Protection Act of 1998. Please see
the Federal Trade Commission's website for this act: http://www.ftc.gov/bcp/conline/edcams/kidzprivacy/
for more information.
Notwithstanding the foregoing, pursuant to 47 U.S.C. Section 230 (d), as
amended, we hereby notify you that parental control protections are
commercially available to assist you in limiting access to material that
is harmful to minors. More information on the availability of such
software can be found through publicly available sources. You may wish
to contact your Internet Service Provider for more information. |
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