Terms of Use
- 1. Acceptance of Terms and Conditions
This Web site and the services offered on it (the "Service")
are owned and operated by TeamDirection, Inc. The Service is provided
to you pursuant to the terms and conditions of this Terms of Use and any
operating rules or policies that may be published by TeamDirection (including
the Privacy Policy), as may be amended from time to time (the "Agreements").
BY USING THE SERVICE, YOU ARE INDICATING YOUR AGREEMENT TO BE BOUND BY
ALL OF THE TERMS AND CONDITIONS CONTAINED IN THE AGREEMENTS.
- 2. User Responsibilities
By consenting to the Agreements, you agree:
2.1 To accurately represent only yourself on the Service, and no other
persons, living, dead, or imagined; the Service may only be used by natural
persons (i.e., individuals) on their own behalf and not by or on behalf
of any commercial entity unless explicitly permitted by TeamDirection;
2.2 To provide accurate information to TeamDirection and other users of
the Service, including, but not limited to information required to register
with the Service and information posted in public areas of the Service;
2.3 To not use the Service to:(a) Publish or distribute any false, inaccurate,
defamatory, infringing, obscene, indecent or unlawful material or information;
(b) Defame, abuse, harass, threaten, stalk or otherwise violate the legal
rights of others;
(c) Send unsolicited email;
(d) Collect or store personal data about other users;
(e) Promote or provide instructional information about illegal activities,
promote physical harm or injury against any group or individual, or promote
any act of cruelty to animals;
(f) Upload files that contain viruses, corrupted files, or any other similar
software or programs that may damage the operation of another's computer;
(g) Upload files (including audio and video files such as MP3) that contain
software or other material protected by intellectual property laws (or
by rights of privacy) unless you own or control the rights thereto or
have received all necessary consents;
(h) Delete or modify any author attributions, legal notices or other proprietary
designations or labels in any file that is uploaded;
(i) Falsify the origin or source of software or other material contained
in a file (including audio and video files) that is uploaded;
(j) Delete or revise any material posted by any other person or entity;
(k) Post any franchise, pyramid scheme, or other business opportunities;
(l) Download any file (including audio and video files) that you know,
or reasonably should know, cannot be legally distributed via the Service;
and
(m) Reproduce, duplicate, copy, sell, resell, distribute, publish or exploit
for any commercial purpose the software, products, or services provided
by TeamDirection or obtained through the Service without obtaining the
express, prior written consent of TeamDirection. This restriction includes
any attempt to incorporate any information from the Service into any other
directory, product or service.
2.4 To provide for your own access to the Service, including but not limited
to obtaining and maintaining all telephone, computer hardware and software,
and other equipment and paying all related charges.
- 3. Privacy
As part of the Service registration process, you will provide certain
personal information to TeamDirection. Your personal information will
only be used in accordance with TeamDirection's Privacy Policy. TeamDirection
reserves the right to inform you by email of changes or additions to the
Service or of any TeamDirection related products and services.
- 4. Third Party Content and Links
The Service may contain content supplied by third parties and links to
Internet sites maintained by third parties. TeamDirection does not, in
any respect, control such content or operate such third-party sites and
do not guarantee the availability of any email from or links to third-party
sites. Third-party content and links are included solely for the convenience
of users, and do not constitute any endorsement by TeamDirection. TeamDirection
and your employer are not responsible for the accuracy or reliability
of third-party information and you assume sole responsibility for the
use of third-party information.
- 5. Interaction with other Users and User Submissions
5.1 Parts of the Service act as a venue to facilitate communications and
dealings between users. TeamDirection is not involved in such communications
and dealings. As a result, TeamDirection has no control over the quality,
safety, or legality of the dealings presented or agreed upon. In addition,
note that there are risks, including but not limited to the risk of physical
harm, of dealing with strangers, and of dealing with people acting under
false pretenses. You assume all risk associated with dealing with other
users with whom you come in contact though use of the Service.
5.2 TeamDirection cannot and does not confirm that each user is who they
claim to be. Because TeamDirection does not and cannot be involved in
user-to-user dealings or control the behavior of users, if you have a
dispute with one or more users, you release TeamDirection from claims,
demands, and damages (actual and consequential, direct and indirect) of
every kind and nature, known and unknown, suspected and unsuspected, disclosed
and undisclosed, arising out of or in anyway connected with such disputes.
If you are a California resident, you waive California Civil Code Section
1542, which says "A general release does not extend to claims which
the creditor does not know or suspect to exist in his favor at the time
of executing the release, which if known by him must have materially affected
his settlement with the debtor."
5.3 As a user, you are responsible for your own communications and are
responsible for the consequences of their posting. TeamDirection and your
employer do not represent or guarantee the truthfulness, accuracy, or
reliability of communications posted by other users. You acknowledge that
any reliance on material posted by other users will be at your own risk.
5.4 You acknowledge that TeamDirection and your employer neither endorses
the contents of your communications nor assumes the responsibility for
any threatening, libelous, obscene, harassing or offensive material contained
therein, any infringement of third-party intellectual property rights
arising therefrom or any crime facilitated thereby.
5.5 You acknowledge that TeamDirection does not pre-screen any content
you post on the Service, but that TeamDirection and its designees shall
have the right (but not the obligation) in their sole discretion to refuse
or remove any content that violates the Agreements or is otherwise objectionable.
- 6. Modifications to the Service, the Agreements, and Fees
6.1 TeamDirection reserves the right to modify or discontinue the Service
at any time without notice to you and TeamDirection shall not be liable
to you or any third party should TeamDirection exercise its right to modify
or discontinue the Service.
6.2 TeamDirection reserves the right to modify the Agreements at any time.
You are responsible for regularly viewing the Agreements. Continued use
of the Service following any such changes will constitute your acceptance
of such changes.
- 7. Ownership and Licenses
7.1 All contents of the Service are the property of TeamDirection, participating
vendors, or advertisers. The compilation (i.e., the collection, arrangement,
and assembly) of all content on the Service web site is the exclusive
property of TeamDirection. The web site and contents of the Service may
not be copied, distributed, or transmitted in any way without the prior
written consent of TeamDirection; provided that you may download, print,
and store a single copy of the Service for personal, noncommercial use.
Use of Service contents on any other web site or in a networked computer
environment for any purpose is prohibited. You may not modify the content
in any way, nor delete any copyright or trademark notice. You may not
copy or adapt the HTML code and other software code used by TeamDirection
to generate the pages of the Service web site.
7.2 Any information, ideas, suggestions, or communications sent by you
to TeamDirection through the Service becomes the exclusive property of
TeamDirection. Subject to the terms of the Privacy Policy, TeamDirection
is entitled to use, reproduce, disclose, and distribute any information
submitted for any purpose without restriction or compensation to you.
7.3 By transmitting any messages or content to public or semipublic areas
of the Service, you grant to TeamDirection a nonexclusive, worldwide,
royalty-free, perpetual, irrevocable license to use, distribute, display,
and reproduce the messages and content, and to authorize use and reproduction
of the messages and content by other Service users in accordance with
the terms of this Agreement.
- 8. Termination
TeamDirection may immediately terminate your registration for any reason
at any time. Upon termination, you will cease to use the Service. You
may terminate your registration by sending contacting email
us.
- 9. Software
9.1 Any software or files that are made available for download from the
Service ("Software") are the copyrighted work of TeamDirection
and/or its suppliers. Use of the Software is governed by the terms of
the end user license agreement, if any, that accompanies or is included
with the Software ("License Agreement"). End users shall not
install or use any Software that is accompanied by or includes a License
Agreement, unless the end-user first agrees to the License Agreement terms.
9.2 For any Software not accompanied by a license agreement, the following
shall constitute the License Agreement: TeamDirection hereby grants to
you a personal, nontransferable license to use the Software for viewing
and otherwise using the Service in accordance with these terms and conditions,
and for no other purpose.
9.3 You will not attempt to decipher, decompile, disassemble or reverse
engineer any of the software comprising the Service or made available
through the Service.
- 10. Disclaimer of Warranties
10.1 TEAMDIRECTIOM PROVIDES THE SERVICE AND ALL RELATED SOFTWARE AND CONTENT
TO YOU "AS IS," WITHOUT ANY WARRANTY OF ANY KIND, EITHER EXPRESS
OR IMPLIED, INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT; ANY WARRANTY THAT
THE SERVICE OPERATES ERROR FREE OR WITHOUT INTERRUPTION; ANY WARRANTY
THAT INFORMATION OBTAINED THROUGH THE SERVICE IS ACCURATE OR RELIABLE.
THE ENTIRE RISK ARISING OUT OF THE USE OF THE SERVICE REMAINS WITH YOU.
10.2 You understand and agree that any material and/or data downloaded
or otherwise obtained through the use of the Service is done at your own
discretion and risk and that you will be solely responsible for any damage
to your computer system or loss of data that results from the download
of such material and/or data.
10.3 TeamDirection and your employer make no warranty regarding any goods
or services purchased or obtained through the Service or any transactions
entered into through the Service.
10.4 No advice or information, whether oral or written, obtained by you
from TeamDirection or through the Service shall create any warranty not
expressly made herein.
- 11. Limitation of Liability
TEAMDIRECTION SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT OR SPECULATIVE
DAMAGES ARISING FROM INTERRUPTION, SUSPENSION OR TERMINATION OF SERVICE,
INCLUDING, WITHOUT LIMITING THE FOREGOING, CONSEQUENTIAL, INCIDENTAL,
AND SPECIAL DAMAGES, WHETHER SUCH INTERRUPTION, SUSPENSION OR TERMINATION
WAS JUSTIFIED OR NOT, NEGLIGENT OR INTENTIONAL, INADVERTENT OR ADVERTENT,
REGARDLESS WHETHER TEAMDIRECTION HAD ADVANCE NOTICE OF THE POSSIBILITY
OF ANY SUCH DAMAGES.
TEAMDIRECTION SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT OR SPECULATIVE
DAMAGES ARISING FROM THE USE OR INABILITY TO USE THE SERVICE OR FOR THE
COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES OR RESULTING FROM
ANY GOODS OR SERVICES PURCHASED OR OTHERWISE OBTAINED OR MESSAGE RECEIVED
OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE OR RESULTING
FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSION OF DATA,
INCLUDING WITHOUT LIMITING THE FOREGOING, CONSEQUENTIAL, INCIDENTAL, AND
SPECIAL DAMAGES, REGARDLESS WHETHER XYLO OR YOUR EMPLOYER HAD ADVANCE
NOTICE OF THE POSSIBILITY OF ANY SUCH DAMAGES.
- 12. Indemnification
You agree to indemnify and hold TeamDirection, their affiliates, officers,
directors and employees from any and all claims or demands, including
the payment of reasonable attorney's fees, arising out of or relating
to your use of the Service.
- 13. Miscellaneous
13.1 The Agreements comprise the entire agreement between you and TeamDirection
and supersedes all prior agreements between the parties regarding the
subject matter contained herein. Any waiver of any provision of the Agreements
will be effective only if in writing and signed by TeamDirection.
13.2 If a court of competent jurisdiction finds any provision or portion
of the Agreements to be unenforceable, the remaining provisions of the
Agreements will continue in full force and effect.
13.3 Any notices to you or TeamDirection shall be made via either email
or regular mail. TeamDirection may also provide notices of changes to
the Agreements or any other matter by displaying notices to you generally
on the Service.
13.4 You agree to comply with U.S. law regarding the transmission/export
of technical data through the use of the Service.
13.5 The Agreements shall be governed by the laws of the State of Washington
without giving effect to provisions related to choice of laws or conflict
of laws. Venue and jurisdiction of any lawsuit involving this Agreement
will exist exclusively in the state and federal courts in King County,
Washington.
