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Last revised: 08th June, 2023
1. Calendar Pro
2. Contacts Pro
3. Home Pro
4. Booking Room Pro
5. Distribution Lists Pro
6. Map Pro
7. Parking Pro
8. Gantt Chart Pro
We are WITIVIO SAS, doing business as Teams Pro (“Teams Pro,” “we,”
“us,” or “our”), a company registered in France. We operate the
website https://www.Teams-Pro.com (the “Website”) through which we provide
you our services, (collectively, the “Services” which include the provision
and use of the Website).
You can contact us by email at teams-pro-help@witivio.com,
These Terms of Use constitute a legally binding agreement made between you,
whether personally or on behalf of an entity (“you”) and concerning your
access to and use of the Website and the Services. You agree that by accessing
the Services, you have read, understood, and agree to be bound by all of these
Terms of Use. IF YOU DO NOT AGREE WITH ALL OF THESE TERMS OF USE, THEN YOU ARE
EXPRESSLY PROHIBITED FROM USING THE SERVICES AND YOU MUST DISCONTINUE USE
IMMEDIATELY.
Supplemental terms and conditions or documents that may be posted on the Website
from time to time are hereby expressly incorporated herein by reference. We
reserve the right, in Teams Pro’s sole discretion, to make changes or
modifications to these Terms of Use from time to time. We will alert you about
any changes by updating the “Last updated” date of these Terms of Use, and you
waive any right to receive specific notice of each such change. It is your
responsibility to periodically review these Terms of Use to stay informed as
each time you access the Services, you will be subject to, and will be deemed to
have been made aware of and to have accepted, the then applicable Terms of Use.
The Services are intended for business users who are at least 18 years old.
Persons under the age of 18 are not permitted to use or register for the
Services.
We provide you a software (the “Software”), that you access remotely via the
cloud, that you can use for managing content that You enter into the Software
(collectively “Apps”).
The information and Apps provided when using the Services are not intended for
distribution to or use by any person or entity in any jurisdiction or country
where such distribution or use would be contrary to law or regulation or which
would subject us to any registration requirement within such jurisdiction or
country. Accordingly, those persons who choose to access the Services from other
locations do so on their own initiative and are solely responsible for
compliance with local laws, if and to the extent local laws are applicable.
The Services are not tailored to comply with industry-specific regulations
(including Health Insurance Portability and Accountability Act (HIPAA), Federal
Information Security Management Act (FISMA), etc.), so if your interactions
would be subjected to such laws, you may not use these Services. You may not use
the Services in a way that would violate the Gramm-Leach-Bliley Act (GLBA).
You may use any Apps. It is your responsibility to determine whether the Apps
are appropriate for your use.
**WE DO NOT REPRESENT THAT THE APPS WILL MEET YOUR SPECIFIC GOALS, PROTECT YOUR
SPECIFIC INTERESTS. THE APPS ARE NOT PROVIDED WITH ANY GUARANTY, WARRANTY, OR
REPRESENTATION AS TO QUALITY OR SUITABILITY FOR ANY PARTICULAR PURPOSE. **The
Apps are general in nature and may not be sufficient to protect you against a
specific risk, problem or dispute.
**TEAMSPRO IS NOT LIABLE FOR YOUR FAILURE TO DISABLE OR REMOVE COOKIES IF YOUR
USERS DO NOT CONSENT TO THEIR USE.**
Unless otherwise indicated, we retain all right, title, and interest in and to
the Software and the Website, including without limitation all graphics, user
interfaces, databases, functionality, software, website designs, audio, video,
text, photographs, graphics, logos, and trademarks or service marks reproduced
through the System. These Terms of Use do not grant you any intellectual
property seat or rights in or to the Software and the Website or any of its
components, except to the limited extent that these Terms of Use specifically
sets forth your seat rights to it. You recognize that the Software and the
Website and their components are protected by copyright and other laws.
You and Teams Pro agree that none of the Feedback (as defined below) you or your
users provide to us constitute confidential information, and nothing in these
Terms of Use or in our dealings arising out of or related to subject matter of
these Terms of Use will restrict our right to use, profit from, disclose,
publish, keep secret, or otherwise exploit Feedback, without compensating or
crediting you or the user in question. You hereby grant us a perpetual,
irrevocable right and seat to exploit the Feedback in any and every way and
subject to applicable law waive any moral rights in such Feedback. Feedback will
not constitute your confidential information. (“Feedback” refers to any
suggestion or idea for improving or otherwise modifying any of Teams Pro’s
products or services.)
By using the Services, you represent and warrant that: (1) all registration
information you submit will be true, accurate, current, and complete; (2) you
will maintain the accuracy of such information and promptly update such
registration information as necessary; (3) you have the legal capacity and you
agree to comply with these Terms of Use; (4) you are not a minor in the
jurisdiction in which you reside; (5) you will not access the Services through
automated or non-human means, whether through a bot, script or otherwise; (6)
you will not use the Services for any illegal or unauthorized purpose; and (7)
your use of the Services will not violate any applicable law or regulation.
If you provide any information that is untrue, inaccurate, not current, or
incomplete, we have the right to suspend or terminate your account and refuse
any and all current or future use of the Services (or any portion thereof).
You may be required to register with the Services. You agree to keep your
password confidential and will be responsible for all use of your account and
password. We reserve the right to remove, reclaim, or change a username you
select if we determine, in our sole discretion, that such username is
inappropriate, obscene, or otherwise objectionable.
Teams Pro offers free and paid account options. You can create a free account
(“Free Account”) without providing any credit card information, but your
access to our Website’s features will be limited. Depending on your needs, you
may want to access more or all of Teams Pro’s Services by creating or upgrading
to a paid account (“Paid Account”). You can create or upgrade to a Paid
Account by signing up for one of Teams Pro’s subscription plans (“**Subscription
Plans” and each a “Subscription**”).
Fees for Subscriptions (“Subscription Fees”) shall be based on the length of
your Subscription (“Subscription Period”). All Subscriptions will auto-renew
at the end of the then Subscription Period.
We bill you for all initial and recurring Subscription Fees through an online
billing account and you agree to provide (and keep updated) current, complete,
and accurate purchase and account information including email address, payment
method, and payment card expiration date, so that we can process your payments
and contact you as needed.
Our prices may be updated from time to time so please make sure that you check
our current Subscription Fees before placing your order. All payments shall be
in USD, EUR, CHF or GBP.
We accept the following Apps of payment:
- Visa
- Mastercard
- American Express
- Any other Stripe supported card brands
You agree to pay all charges or fees at the prices then in effect for your
Subscription, and you authorize us to charge your chosen payment provider for
any such amounts upon placing your order. If your Subscription is subject to
recurring charges, then you consent to our charging your payment method on a
recurring basis without requiring your prior approval for each recurring charge,
until you notify us of your cancellation in accordance with the cancellation
information described in this section below.
We reserve the right to correct any errors or mistakes in pricing, even if we
have already requested or received payment. We also reserve the right to refuse
any order placed through the Services. In such case we will notify you by email
and refund you any Subscription Fees that you have paid.
We may change our subscription plans and the price of our service from time to
time; however, any price changes or changes to your subscription plans will
apply no earlier than 15 days following notice to you.
Sales tax will be added to the price of purchases as deemed required by us.
Amounts due under these Terms of Use are payable to us without deduction and are
net of any tax, tariff, duty, or assessment imposed by any government authority
(national, state, provincial, or local), including without limitation any sales,
use, excise, ad valorem, property, withholding, or value-added tax, whether or
not withheld at the source (collectively, “Sales Tax”). Except as forbidden
by applicable law, we may require that you submit applicable Sales Taxes to us.
However, the preceding sentence does not apply to the extent that you are tax
exempt, provided you give us a valid tax exemption certificate within thirty
(30) days of the start of your Subscription. Our failure to include any
applicable tax in an invoice will not waive or dismiss the parties’ rights or
obligations pursuant to this Section. If applicable law requires withholding or
deduction of Sales Taxes or any other tax or duty, you shall separately pay us
the withheld or deducted amount, over and above fees due. For the avoidance of
doubt, this Section does not govern taxes based on our net income.
If you created a Free Account but want to upgrade to a Paid Account, your
upgrade will occur immediately upon payment of the relevant Subscription Fees
and your Subscription Period will run from the date of your upgrade.
If you created or upgraded to a Paid Account, and you want to:
- Upgrade to a different Subscription Plan: Your upgrade will occur
immediately at a prorated rate upon payment of the price difference between
the two Subscription Plans for the remainder of your Subscription Period.
Your upgraded Subscription Plan will run until the end of the initial
Subscription Period and will auto-renew as the upgraded Subscription Plan.
- Cancel your Subscription Plan and/or downgrade your Subscription: Your
downgrade will take place following the end of your current Subscription
Period.
PLEASE NOTE THAT WHEN YOU DOWNGRADE YOUR ACCOUNT, YOU WILL ONLY BE ABLE TO
ACCESS THE SERVICES AVAILABLE WITHIN YOUR NEW SUBSCRIPTION PLAN, AND THEREFORE
YOU MAY LOSE ACCESS TO ANY ADDITIONAL APPS OR ANY PREMIUM CONSENT PLATFORM
FEATURES CREATED OR AVAILABLE THROUGH YOUR PREVIOUS SUBSCRIPTION PLAN.
You can cancel your Subscription Plan at any time by logging into your account
or contacting us using the contact information provided below. Your cancellation
will take effect at the end of your current Subscription Period.
Except as stated in this Section, we will not be required to refund Subscription
Fees under any circumstances.
You may not access or use the Services for any purpose other than that for which
we make the Services available. The Services may not be used in connection with
any commercial endeavors except those that are specifically endorsed or approved
by us.
As a user of the Services, you agree not to:
- Systematically retrieve data, Apps, or other Content from the Services to
create or compile, directly or indirectly, a collection, compilation,
database, or directory without written permission from us.
- Make any unauthorized use of the Services, including collecting usernames
and/or email addresses of users by electronic or other means for the purpose
of sending unsolicited email, or creating user accounts by automated means
or under false pretenses.
- Use a buying agent or purchasing agent to make purchases on the Services.
- Use the Services to advertise or offer to sell goods and services.
- Circumvent, disable, or otherwise interfere with security-related features
of the Services, including features that prevent or restrict the use or
copying of any Content or enforce limitations on the use of the Services
and/or the Content contained therein.
- Engage in unauthorized framing of or linking to the Services.
- Trick, defraud, or mislead us and other users, especially in any attempt to
learn sensitive account information such as user passwords.
- Make improper use of our support services or submit false reports of abuse
or misconduct.
- Engage in any automated use of the Website or Services, such as using
scripts to send comments or messages, or using any data mining, robots, or
similar data gathering and extraction tools.
- Interfere with, disrupt, or create an undue burden on the Services or the
networks or services connected to the Services.
- Attempt to impersonate another user or person or use the username of another
user.
- Sell or otherwise transfer your Teams Pro profile or account.
- Use any information obtained from the Services in order to harass, abuse, or
harm another person.
- Use the Services as part of any effort to compete with us or otherwise use
the Services and/or the Content for any revenue-generating endeavor or
commercial enterprise beyond the seat granted to you under these Terms of
Use.
- Decipher, decompile, disassemble, or reverse engineer any of the Software
comprising or in any way making up a part of the Services.
- Attempt to bypass any measures of the Website or Software designed to
prevent or restrict access to the Services, or any portion of the Services.
- Harass, annoy, intimidate, or threaten any of our employees or agents
engaged in providing any portion of the Services to you.
- Delete the copyright or other proprietary rights notice from any Content.
- Copy or adapt the Software, including but not limited to Flash, PHP, HTML,
JavaScript, or other code.
- Upload or transmit (or attempt to upload or to transmit) viruses, Trojan
horses, or other material, including excessive use of capital letters and
spamming (continuous posting of repetitive text), that interferes with any
party’s uninterrupted use and enjoyment of the Software or the Services or
modifies, impairs, disrupts, alters, or interferes with the use, features,
functions, operation, or maintenance of the Software or the Services.
- Upload or transmit (or attempt to upload or to transmit) any material that
acts as a passive or active information collection or transmission
mechanism, including without limitation, clear graphics interchange formats
(“gifs”), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes
referred to as “spyware” or “passive collection mechanisms” or “pcms”).
- Except as may be the result of standard search engine or Internet browser
usage, use, launch, develop, or distribute any automated system, including
without limitation, any spider, robot, cheat utility, scraper, or offline
reader that accesses the Software or the Services, or using or launching any
unauthorized script or other software.
- Disparage, tarnish, or otherwise harm, in our opinion, Teams Pro, the
Software, Website, and/or the Services.
- Use the Services in a manner inconsistent with any applicable laws or
regulations.
The Services may contain (or you may be sent via the Services) links to other
websites (“Third-Party Websites”) as well as articles, photographs, text,
graphics, pictures, designs, music, sound, video, information, applications,
software, and other content or items belonging to or originating from third
parties (“Third-Party Content”). Such Third-Party Websites
and Third-Party Content are not investigated, monitored, or checked for
accuracy, appropriateness, or completeness by us, and we are not responsible for
any Third-Party Websites accessed through the Services or
any Third-Party Content posted on, available through, or installed from the
Services, including the content, accuracy, offensiveness, opinions, reliability,
privacy practices, or other policies of or contained in the Third-Party Websites
or the Third-Party Content. Inclusion of, linking to, or permitting the use or
installation of any Third-Party Websites or any Third-Party Content does not
imply approval or endorsement thereof by us. If you decide to leave the Services
and access the Third-Party Websites or to use or install
any Third-Party Content, you do so at your own risk, and you should be aware
these Terms of Use no longer govern.
You should review the applicable terms and policies, including privacy and data
gathering practices, of any website to which you navigate from the Services or
relating to any applications you use or install from the Services. Any purchases
you make through Third-Party Websites will be through other websites and from
other companies, and we take no responsibility whatsoever in relation to such
purchases which are exclusively between you and the applicable third party. You
agree and acknowledge that we do not endorse the products or services offered
on Third-Party Websites and you shall hold us harmless from any harm caused by
your purchase of such products or services. Additionally, you shall hold us
harmless from any losses sustained by you or harm caused to you relating to or
resulting in any way from any Third-Party Content or any contact
with Third-Party Websites.
We reserve the right, but not the obligation, to: (1) monitor the Services for
violations of these Terms of Use; (2) take appropriate legal action against
anyone who, in our sole discretion, violates the law or these Terms of Use,
including without limitation, reporting such user to law enforcement
authorities; (3) in our sole discretion and without limitation, refuse, restrict
access to, limit the availability of, or disable (to the extent technologically
feasible) any of your contributions or any portion thereof; (4) in our sole
discretion and without limitation, notice, or liability, to remove from the
Services or otherwise disable all files and content that are excessive in size
or are in any way burdensome to our systems; and (5) otherwise manage the
Services in a manner designed to protect our rights and property and to
facilitate the proper functioning of the Services.
We care about data privacy and security. Please review our Privacy Notice to
understand our use of your personal information. You acknowledge that you have
reviewed and understand our Privacy Notice.
Please be advised the Services is hosted in the EU. If you access the Services
from any other region of the world with laws or other requirements governing
personal data collection, use, or disclosure that differ from applicable laws in
the EU, then through your continued use of the Services, you are transferring
your data to the EU, and you agree to have your data transferred to and
processed in the EU.
Licensee authorizes Licensor to include Licensee’s name and logo in customer
listings that may be published as part of Licensor’s marketing efforts.
We respect the intellectual property rights of others. If you believe that any
material available on or through the Services infringes upon any copyright you
own or control, please immediately notify our Designated Copyright Agent using
the contact information provided below (a “Notification”). A copy of your
Notification will be sent to the person who posted or stored the material
addressed in the Notification. Please be advised that pursuant to federal law
you may be held liable for damages if you make material misrepresentations in a
Notification. Thus, if you are not sure that material located on or linked to by
the Services infringes your copyright, you should consider first contacting an
attorney.
All Notifications should meet the requirements of DMCA 17 U.S.C. § 512(c)(3) and
include the following information: (1) A physical or electronic signature of a
person authorized to act on behalf of the owner of an exclusive right that is
allegedly infringed; (2) identification of the copyrighted work claimed to have
been infringed, or, if multiple copyrighted works on the Services are covered by
the Notification, a representative list of such works on the Services; (3)
identification of the material that is claimed to be infringing or to be the
subject of infringing activity and that is to be removed or access to which is
to be disabled, and information reasonably sufficient to permit us to locate the
material; (4) information reasonably sufficient to permit us to contact the
complaining party, such as an address, telephone number, and, if available, an
email address at which the complaining party may be contacted; (5) a statement
that the complaining party has 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 (6) a statement that the information in the notification is
accurate, and under penalty of perjury, that the complaining party is authorized
to act on behalf of the owner of an exclusive right that is allegedly infringed
upon.
If you believe your own copyrighted material has been removed from the Services
as a result of a mistake or misidentification, you may submit a written counter
notification to our Designated Copyright Agent using the contact information
provided below (a “Counter Notification”). To be an effective Counter
Notification under the DMCA, your Counter Notification must include
substantially the following: (1) identification of the material that has been
removed or disabled and the location at which the material appeared before it
was removed or disabled; (2) a statement that you consent to the jurisdiction of
the Federal District Court in which your address is located, or if your address
is outside the United States, for any judicial district in which we are located;
(3) a statement that you will accept service of process from the party that
filed the Notification or the party’s agent; (4) your name, address, and
telephone number; (5) a statement under penalty of perjury that you have a good
faith belief that the material in question was removed or disabled as a result
of a mistake or misidentification of the material to be removed or disabled; and
(6) your physical or electronic signature.
If you send us a valid, written Counter Notification meeting the requirements
described above, we will restore your removed or disabled material, unless we
first receive notice from the party filing the Notification informing us that
such party has filed a court action to restrain you from engaging in infringing
activity related to the material in question. Please note that if you materially
misrepresent that the disabled or removed content was removed by mistake or
misidentification, you may be liable for damages, including costs and attorney’s
fees. Filing a false Counter Notification constitutes perjury.
WITIVIO SAS
16A Route de Selestat 68000 COLMAR
These Terms of Use shall remain in full force and effect while you use the
Services. WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS OF USE, WE RESERVE
THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY
ACCESS TO AND USE OF THE SERVICES (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO
ANY PERSON IF WE REASONABLY CONSIDER THAT SUCH PERSON IS IN BREACH OF THESE
TERMS OF USE, OUR ACCEPTABLE USE POLICY, OR OF ANY APPLICABLE LAW OR REGULATION,
INCLUDING WITHOUT LIMITATION BREACHES OF ANY REPRESENTATION, WARRANTY, OR
COVENANT CONTAINED IN THESE TERMS OF USE.
WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SERVICES OR DELETE YOUR
ACCOUNT AND ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT
WARNING, IN OUR SOLE DISCRETION IF WE CONSIDER THAT YOU HAVE BREACHED, OR ARE
LIKELY TO BREACH, ANY OF THE ABOVE.
If we terminate or suspend your account for any reason, you are prohibited from
registering and creating a new account under your name, a fake or borrowed name,
or the name of any third party, even if you may be acting on behalf of the third
party. In addition to terminating or suspending your account, we reserve the
right to take appropriate legal action, including without limitation pursuing
civil, criminal, and injunctive redress.
We reserve the right to change, modify, or remove the Content or the Services
from time to time to comply with new laws or regulations or to update our
offerings. We also reserve the right to modify or discontinue all or part of the
Services if Teams Pro were to close down or if we decide to change Teams Pro’s
business offering. We will not be liable to you or any third party for any
modification, price change, suspension, or discontinuance of the Services.
We cannot guarantee the Services will be available at all times. We may
experience hardware, software, or other problems or need to perform maintenance
related to the Services, resulting in interruptions, delays, or errors. We
reserve the right to change, revise, update, suspend, discontinue, or otherwise
modify the Services from time to time and will endeavor to give you notice of
such changes. You agree that we have no liability whatsoever for any loss,
damage, or inconvenience caused by your inability to access or use the Services
during any downtime or discontinuance of the Services.
Nothing in these Terms of Use will be construed to obligate us to maintain and
support the Services or to supply any corrections, updates, or releases in
connection therewith.
These Terms of Use and your use of the Services are governed by and construed in
accordance with the laws of France applicable to agreements made and to be
entirely performed within France, without regard to its conflict of law
principles.
To expedite resolution and control the cost of any dispute, controversy, or
claim related to these Terms of Use (each a “Dispute” and collectively, the
“Disputes”) brought by either you or us (individually, a “Party” and
collectively, the “Parties”), the Parties agree to first attempt to
negotiate any Dispute (except those Disputes expressly provided below)
informally for at least thirty (30) days before initiating arbitration or
litigation (as applicable per below). Such informal negotiations commence upon
written notice from one Party to the other Party.
If the Parties are unable to resolve a Dispute through informal negotiations as
set out in this Section, you hereby agree to the exclusive jurisdiction of the
courts of COLMAR, France, in relation to any dispute which may arise in
connection with these Terms of Use and/or your use and receipt of the Services.
There may be information on the Services that contains typographical errors,
inaccuracies, or omissions, including descriptions, pricing, availability, and
various other information.
We reserve the right to correct any errors, inaccuracies, or omissions and to
change or update the information on the Services at any time, without prior
notice.
THE SERVICES ARE PROVIDED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS. YOU AGREE THAT
YOUR USE OF OUR SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT
PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION
WITH THE SOFTWARE OR THE SERVICES AND YOUR USE THEREOF, INCLUDING, WITHOUT
LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, AND NON-INFRINGEMENT.
WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF
THE SERVICES, THE CONTENT OR ANY THIRD-PARTY CONTENT AND WE WILL ASSUME NO
LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF
CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE
WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICES, (3) ANY
UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL
INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR
CESSATION OF TRANSMISSION TO OR FROM THE SERVICES, (5) ANY BUGS, VIRUSES, TROJAN
HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICES BY ANY
THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR
FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY
CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES.
WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT
OR SERVICE ADVERTISED OR OFFERED BY A THIRD-PARTY WEBSITE AND WE WILL NOT BE A
PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU
AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A
PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR
BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
IN NO EVENT WILL WE OR TEAMSPRO’S DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO
YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL,
SPECIAL, OR PUNITIVE DAMAGES, OR ANY (DIRECT OR INDIRECT): (A) LOSS OF DATA, (B)
LOST PROFIT, OR (C) LOST REVENUE OR OTHER DAMAGES ARISING FROM YOUR USE OF THE
SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU
FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL
TIMES BE LIMITED TO THE LESSER OF (A) THE AMOUNT PAID, IF ANY, BY YOU TO US
DURING THE SIX (6) MONTH PERIOD PRIOR TO ANY CAUSE OF ACTION ARISING AND (B) THE
SUM OF US\$100.
CERTAIN STATE LAWS AND COUNTRIES’ LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED
WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS
APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY
TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
You agree to defend, indemnify, and hold us harmless, including our
subsidiaries, affiliates, and all of our respective officers, agents, partners,
and employees, from and against any loss, damage, liability, claim, or demand,
including reasonable attorneys’ fees and expenses, made by any third party due
to or arising out of: (1) your contributions; (2) use of the Services; (3)
breach of these Terms of Use; (4) any breach of your representations and
warranties set forth in these Terms of Use; (5) your violation of the rights of
a third party, including but not limited to intellectual property rights; or (6)
any overt harmful act toward any other user of the Services with whom you
connected via the Services. Notwithstanding the foregoing, we reserve the right,
at your expense, to assume the exclusive defense and control of any matter for
which you are required to indemnify us, and you agree to cooperate, at your
expense, with our defense of such claims. We will use reasonable efforts to
notify you of any such claim, action, or proceeding which is subject to this
indemnification upon becoming aware of it.
We will maintain certain data that you transmit to the Services for the purpose
of managing the performance of the Services, as well as data relating to your
use of the Services. Although we perform regular routine backups of data, you
are solely responsible for all data that you transmit or that relates to any
activity you have undertaken using the Services.
You agree that we shall have no liability to you for any loss or corruption of
any such data, and you hereby agree that you shall independently back up all
your data and waive any right of action against us arising from any such loss or
corruption of such data.
Visiting the Website or using the Services, sending us emails, and completing
online Apps constitute electronic communications. You consent to receive
electronic communications, and you agree that all agreements, notices,
disclosures, and other communications we provide to you electronically, via
email and on the Services, satisfy any legal requirement that such communication
be in writing.
YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND
OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF
TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SERVICES.
You hereby waive any rights or requirements under any statutes, regulations,
rules, ordinances, or other laws in any jurisdiction which require an original
signature or delivery or retention of non-electronic records, or to payments or
the granting of credits by any means other than electronic means.
These Terms of Use and any policies or operating rules posted by us on the
Services or in respect to the Services constitute the entire agreement and
understanding between you and Teams Pro. You confirm that you have not relied on
any prior or side statement, agreement, or representation, whether these were
oral or written, to enter into this agreement with us.
Our failure to exercise or enforce any right or provision of these Terms of Use
shall not operate as a waiver of such right or provision. These Terms of Use
operate to the fullest extent permissible by law.
We may assign any or all of our rights and obligations to others at any time.
If any provision or part of a provision of these Terms of Use is determined to
be unlawful, void, or unenforceable, that provision or part of the provision is
deemed severable from these Terms of Use and does not affect the validity and
enforceability of any remaining provisions.
You and Teams Pro are independent contractors and shall so represent ourselves in
all regards. There is no joint venture, partnership, employment or agency
relationship created between you and us as a result of these Terms of Use or use
of the Services.
You hereby waive any and all defenses you may have based on the electronic form
of these Terms of Use and the lack of signing by the parties hereto to execute
these Terms of Use.
You and Teams Pro agree that these Terms of Use will not be construed in favor of
or against either party by reason of authorship.
We may send notices pursuant to these Terms of Use to the email address you
provided us, and such notices will be deemed received twenty-four (24) hours
after they are sent. You may send notices pursuant to these Terms of Use
to
seventy-two (72) hours after they are sent.
No delay, failure, or default, other than a failure to pay any fees when due,
will constitute a breach of these Terms of Use to the extent such delay,
failure, or default is caused by epidemics or pandemics, acts of war, terrorism,
hurricanes, earthquakes, other acts of God or of nature, any law or any action
taken by a government or public authority, non-performance by suppliers or
subcontractors, interruption or failure of utility service, strikes or other
labor disputes, riots or other acts of civil disorder, embargoes, or other
causes beyond our reasonable control.
CONTACT US
In order to resolve a complaint regarding the Services or to receive further
information regarding use of the Services, please contact us at teams-pro-help@witivio.com