Terms of Use
By using Team Everywhere (the “Service”), you agree to be bound by the following terms and conditions (“Terms”).
If you are entering into this agreement on behalf of a company or other legal entity, you represent that you have the authority to bind such entity, its affiliates and all users who access our services through your account to these terms and conditions, in which case the terms “you” or “your” shall refer to such entity, its affiliates, and users associated with it.
Team Everywhere, LLC (the “Company”) reserves the right to change the Terms without notice. You can review the current version of the Terms of Service at any time at www.teameverywhere.com/terms.
Violation of these Terms may result in the suspension or cancellation of your account. Please read them carefully.
Privacy
Your use of the Service is subject to the Company’s Privacy Policy, which also governs the Service and informs users of our data collection practices. You can review the current version of the Privacy Policy at any time at www.teameverywhere.com/privacy
Your account
You must be 13 years or older to use the Service. The Company does not knowingly collect, either online or offline, personal information from persons under the age of 13. If you are under 18, you may use the Service only with permission of a parent or guardian.
You are responsible for maintaining the security of your account, your password, and any device you use to access the Service. The Company is not responsible for any damage that results from your failure to meet this responsibility.
You are responsible for all activities that occur under your account, including the activities of other users who have their own logins under your account.
You must provide your legal full name, a valid email address, and any other information requested in order to complete the signup process.
A login may only be used by one person. It is not permitted for multiple people to access the Service using a single login. It is not permitted to register a login for a computer program, “bot”, or other automated method. The Company reserves the right, at its sole discretion, to refuse or cancel service, terminate or suspend access to the Service, or remove content at any time, without notice, for any reason.
Payments, refunds, upgrading, and downgrading
All paid plans must enter a valid credit card.
If you change from a free plan to a paid plan, you will be billed immediately. If you upgrade from any paid plan to another paid plan, you will be billed immediately for the difference, prorated for any time remaining on your current plan.
For all paid plans, the Service is billed in advance and is non-refundable. No refunds or credits will be issued for partial periods of service, downgrades, or unused periods or capacity with an open account. All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties.
Downgrading your Service may cause the loss of content, features, or capacity of your Account. The Company does not accept any liability for such loss.
Cancellation and Termination
You may cancel your subscription at any time by going to the Billing page under Settings. Once you cancel your account, you will not be billed further, but you will not receive a refund for any unused time remaining under your subscription. This is the only acceptable way to cancel your account. For example, and email or phone request to cancel your account is not considered a cancellation.
After your account is cancelled, the Company will not provide access to any content you provided to the Service and may delete it immediately.
The Company, in its sole discretion, has the right to suspend or terminate your account and refuse any use of the Service for any reason at any time. Such termination of the Service will result in the deactivation or deletion of your account or your access to your Account, and the forfeiture and relinquishment of all content in your Account. The Company reserves the right to refuse service to anyone for any reason at any time.
Materials you provide
The Company does not claim intellectual property rights over of the materials you post, upload, input, submit or otherwise provide to the Service (collectively “Submissions”).
You warrant and represent that you own or otherwise control all of the necessary rights to legally provide your Submissions to the Service and for users of the Service under your account to access your Submissions. Your Submissions must comply with United States copyright and trademark law.
The Company does not pre-screen your Submissions. However, the Company has the right—but not the obligation—to monitor the Service and to remove or restrict access to any materials at its sole discretion.
Use of the service
You warrant that you will not use the Service in any manner or for any purpose that violates any laws, restrictions, or regulations in your jurisdiction, including but not limited to copyright and trademark laws. You may not use the Service in any manner which could damage, disable, overburden, or impair the Service or interfere with any other party’s use and enjoyment of the Service. By way of example, and not as a limitation, you agree that when using the Service, you will not:
- Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
- Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information.
- Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s device.
- Download any file posted by another user of the Service that you know, or reasonably should know, cannot be legally distributed in such manner.
Your rights
You are granted a non-exclusive, non-transferable, revocable license to use the Service strictly in accordance with these Terms.
You may not obtain—or attempt to obtain—any materials or information through any means not intentionally made available or provided for through the Service.
All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof and the look and feel of the Service, and any software used on the Service, is the property of the Company or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends, or other restrictions contained in any such content and will not make any changes to them.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Service. You may not sublicense or resell the Service or any portion of it without the express written permission of the Company.
We do not grant you any licenses, express or implied, to the intellectual property of the Company or our licensors except as expressly authorized by these Terms.
Indemnification
You agree to indemnify, defend and hold harmless the Company, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of your use of or inability to use the Service, any Submissions, your violation of any terms of this Agreement, your violation of any rights of a third party, or your violation of any applicable laws, rules, or regulations. The Company reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with the Company in asserting any available defenses.
Liability disclaimer
The Company makes no representations about the suitability, reliability, availability, timeliness, and accuracy of the information, software, products, services and related graphics contained on the Service. To the maximum extent permitted by applicable law, all such information, software, products, services and related graphics are provided “as is” without warranty or condition of any kind. The Company hereby disclaims all warranties and conditions with regard to this information, software, products, services and related graphics, including all implied warranties or conditions of merchantability, fitness for a particular purpose, title and non-infringement.
To the maximum extent permitted by applicable law, in no event shall the Company and/or its suppliers be liable for any direct, indirect, punitive, incidental, special, consequential damages or any damages whatsoever including, without limitation, damages for loss of use, data, or profits, arising out of or in any way connected with the use or performance of the Service, with the delay or inability to use the Service, the provision of or failure to provide services, or for any information, software, products, services and related graphics obtained through the Service, or otherwise arising out of the use of the Service, whether based on contract, tort, negligence, strict liability or otherwise, even if the Company or any of its suppliers has been advised of the possibility of damages. Because some states/jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you. The Company does not warrant that (a) the Service will meet your requirements, (b) the Service will be uninterrupted, timely, secure, or error-free, (c) the results that may be obtained from the use of the service will be accurate or reliable, (d) the quality of any products, services, information, or other material purchased or obtained through the service will meet your expectations, and (e) any errors in the Service will be corrected.
Arbitration
In the event the parties are not able to resolve any dispute between them arising out of or concerning these Terms and Conditions, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration service selected by the parties, in a location mutually agreed upon by the parties. The arbitrators award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the event that any legal or equitable action, proceeding or arbitration arises out of or concerns these Terms and Conditions, the prevailing party shall be entitled to recover its costs and reasonable attorney’s fees. The parties agree to arbitrate all disputes and claims in regards to these Terms and Conditions or any disputes arising as a result of these Terms and Conditions, whether directly or indirectly, including Tort claims that are a result of these Terms and Conditions. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration provision shall be determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms and Conditions.
Class Action Waiver
Any arbitration under these Terms will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. The parties agree that a party may bring claims against the other with respect to the Terms only in each’s individual capacity, and not as a plaintiff or class member in any putative class, collective and/or representative proceeding, such as in the form of a private attorney general action against the other. Further, unless both you and Company agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.
General terms
Your use of the Service is at your sole risk. The service is provided on an “as is” and “as available” basis. If you are dissatisfied with any portion of the Service, or with the Terms of Use, your sole and exclusive remedy is to discontinue using the Service.
The Company may change the Service in any way at any time in its sole discretion.
Some aspects of the Service are delivered by third parties. By using the Service, you hereby acknowledge and agree that the Company may share information and data as required with any third party with whom it has a contractual relationship to provide functionality on behalf of the Service’s users.
You understand that the technical processing and transmission of the Service, including your Content, may be transferred unencrypted and involve transmissions over various networks; and changes to conform and adapt to technical requirements of connecting networks or devices.
To the maximum extent permitted by law, this agreement is governed by the laws of the State of Illinois and you hereby consent to the exclusive jurisdiction and venue of courts in Illinois in all disputes arising out of or relating to the use of the Service. Use of the Service is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.
Using the Service or sending emails to the Company constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Service, satisfy any legal requirement that such communications be in writing.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and the Company as a result of this agreement or use of the Service.
The Company’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of the Company’s right to comply with governmental, court, regulatory, and law enforcement requests or requirements relating to your use of the Service or information provided to or gathered by the Company with respect to such use.
If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
Any failure of the Company to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision.
This agreement constitutes the entire agreement between the you and the Company with respect to the Service and it supersedes all prior or contemporaneous communications between you and the Company with respect to the Service.
Contact Us
If you have questions or comments regarding the Terms, please email us at support@teameverywhere.com.
