¡WELCOME TO TEAM!
Thank you for using our products and services (“Services”). The Services are provided by Team Elite Advance Management, S.L. (TEAM). By using our Services and setting up a TEAM Account, you agree to these terms. Please read them carefully.
Our services are very diverse, so sometimes additional terms or product requirements (including age requirements) may apply. Additional terms will be available with the relevant Services, and those additional terms will become part of your agreement with us if you use those Services.
PLEASE READ CAREFULLY BEFORE USING THE TEAM SERVICE / S, PRODUCT / S, OR TEAM WEBSITES
Our terms of service govern our relationship with users and others who interact with the TEAM Services by using or accessing the TEAM Services. You accept this statement, which is periodically updated.
Because TEAM provides a wide range of Services, we may ask you to review and agree to supplemental terms that apply to your interaction with a specific application, product, or service. To the extent that those supplemental terms conflict with the terms, the supplemental terms associated with the app, product, or service govern with respect to your use of that app, product, or service to the extent of the conflict.
USING OUR SERVICES
You must follow any policies that are available to you within the Services.
Do not misuse our services. For example, do not interfere with our Services or try to access them using a method other than the interface and instructions that we provide. You may use our Services only as permitted by law, including applicable export and re-export control laws and regulations. We may suspend or stop providing our Services to you if you do not comply with our terms or policies or if we are investigating suspected misconduct.
Using our Services does not grant you ownership of any intellectual property rights in our Services or the content you access. You may not use the content of our Services unless you obtain the permission of its owner or the law allows it. These terms do not give you the right to use the brand or logos used in our Services. Do not remove, conceal, or modify any legal notices that appear on or in conjunction with our Services.
Our services display non- TEAM content. This content is the sole responsibility of the entity that makes it available. We may review content to determine if it is illegal or violates our policies, and we may remove or refuse to display content that we reasonably believe violates our policies or the law. But that doesn’t necessarily mean that we review content, so don’t assume we do.
In connection with your use of the Services, we may send you service announcements, administrative messages, and other information. You can choose not to receive some of these communications.
Some of our Services are available on mobile devices. Do not use such Services in a way that distracts you and prevents you from obeying traffic or safety laws.
Use of TEAM services is at your own risk.
Having a good general state of health is an essential requirement for the use of TEAM services, related to the field of physical activity and health. If you are aware of a pre-existing disease, we recommend that you consult a doctor before starting any recommended training plans or even diets.
In relation to services related to diets or nutrition, you are responsible for verifying that the foods and nutrients recommended as part of the training or guide do not contain ingredients to which you are allergic or that may cause food intolerance or, where appropriate, they may be contrary to your general health or diseases (for example diabetes) that you may suffer from.
TEAM is not a medical platform or service. Thus, you shall not be permitted to interpret or assume that any information provided to you through your permitted use of the TEAM platform is medical advice and/or the substitution and/or alternative of any medical advice that must be provided by a doctor and/or medical professional. The services, products and information offered through TEAM are not medical advice. In no case may they replace a medical examination or treatment. We always recommend that any action be supervised by a professional in the corresponding field of knowledge.
YOUR AGREEMENT WITH TEAM
Your use of the TEAM platform and associated documentation (whether in printed or electronic form), including improvements, modifications, corrections, updates and future versions thereof (“Updates”) and whether they are available for free or for a fee, (collectively “The Platform”) is licensed (not sold) by Team Elite Advance Management, SL
Team Elite Advance Management, S.L. provides you with the features and products that are available through the Platform for free, excluding products or features available for free only as a trial (“Free Products”).
Team Elite Advance Management, S.L. provides you with any additional services or features of the TEAM Platform or other “ TEAM ” brand products.
“TEAM” means Team Elite Advance Management, S.L., Polígono Industrial Torrent Puig, 14, 08358 Arenys de Munt, Barcelona.
“Products” means Collective Free Products / Services and Payments for Products / Services.
“You” means the registered owner of the user account and the license under these terms.
Your agreement with TEAM is made up of the terms and conditions set forth in this document, along with any other policies described in this document and the Additional Terms mentioned. To the extent of any inconsistency between the policies or the Additional Terms and this document, this document will take precedence.
Your privacy is very important for us.
YOUR TEAM ACCOUNT
You will need a TEAM Account to use our Services. You can create your own TEAM Account, or your TEAM Account can be assigned by an administrator, such as your employer or educational institution. If you are using a TEAM Account assigned by an administrator, different or additional terms may apply and your administrator may access or disable your account.
To protect your TEAM Account, keep your password confidential. You are responsible for the activity that occurs on or through your TEAM Account. Try not to reuse your TEAM Account password in third-party applications. If you learn of an unauthorized use of your password or TEAM Account, follow the instructions provided.
ACCEPTANCE OF TERMS
To download and / or use the TEAM Platform, Products, Services and / or Websites, you must first accept these Terms. You agree to these Terms when you register for an account. You can also download a copy of the Terms from our website www.teamsoftwareinnovations.com. These Terms remain in effect from the date of acceptance until terminated by either you or TEAM.
You cannot accept these Terms if: (a) you do not have the legal right to use the Platform, Products, Services and / or the “TEAM Websites in the country in which you are located or reside or (b) if you are not of legal age to form a binding agreement with TEAM. “
In some countries, Products and Services may be provided by the local TEAM partner. If so, that local partner may ask you to agree to their own terms of service (“local terms”). If there is any inconsistency between those local terms and these Terms, the local terms will govern to the extent of that inconsistency.
CHANGES TO THE TERMS
TEAM may make changes to these Terms from time to time. TEAM will post the changes and they will be posted on the relevant TEAM website. Changes will be effective when posted. Please review the Terms periodically. You understand and agree that your express acceptance of the Terms or your use of the TEAM Platform, Products, Services and / or Websites after the date of publication will constitute your acceptance of the updated Terms. If you do not agree to the modified Terms, you may terminate your relationship with TEAM.
License: Subject to your compliance with these Terms, you are granted a limited, non-exclusive, non-sublicensable, non-assignable, and free license to use the Platform on a personal computer, mobile phone, or other device; and personally use the Platform through your individual TEAM user account, acting as an individual. TEAM reserves all rights not expressly granted to it under these Terms.
Restrictions: You cannot and agree not to:
- Sublicense, sell, assign, rent, lease, export, import, distribute or transfer or grant rights to third parties on the Platform;
- Undertake, cause, allow or authorize the modification, creation of derivative works or improvements, translation, reverse engineering, decompilation, disassembly, decryption, emulation, piracy, discovery or attempted discovery of the source code or protocols of the Platform or any part or characteristics thereof (except to the extent permitted by law);
- Remove, hide or alter any copyright or other proprietary notices included on the Platform;
- Use the Platform or cause the Platform (or any part of it) to be used within or to provide commercial products or services to third parties.
Third Party Notices: TEAM ‘s Platform, Services and Websites may include third party code that TEAM, not the third party, grants to you under this agreement. Notices, if any, for third-party code are included for your information only. The scripts of third parties, linked, called or referenced from the Platform are authorized by the third parties that have said code, not by TEAM.
SHARE YOUR CONTENT AND INFORMATION
You own all the content and information that you upload and/or post on TEAM and can control how it is shared through your privacy and application settings. Further:
Regarding content that is covered by intellectual property rights, such as photos and videos (IP content), you specifically grant us the following permission, subject to your privacy and application settings: you grant us a non-exclusive, transferable royalty, sublicensable, free worldwide license to use any IP content you post on or in connection with TEAM (IP License). This IP license ends when you delete your IP content or your account unless your content has been shared with others and they have not removed it.
When you delete IP content, it is deleted similar to emptying the recycle bin on a computer. However, you understand that deleted content may persist in backups for a reasonable period of time (but will not be available to others).
When you post content or information using the Public settings, it means that you are allowing everyone, including people outside of TEAM, to access and use that information and associate it with you (i.e. your name and profile picture).
We always welcome your comments or other suggestions about TEAM, but please understand that we may use your comments or suggestions without any obligation to compensate them (just as you are not required to provide them).
Regarding the content published by the manager of this site, the Spanish law of copyright and related rights is applicable. Any time that the reproduction, processing, distribution or other form of use is not covered by the Spanish law of copyright and related rights, it requires the written approval of the corresponding author. Illegal copying or downloading of these pages is permitted for personal but non-commercial use only. In the event that as a manager we are not also the author of the content, we will respect the copyrights of third parties. We always try to mark these contents as third-party content. We respond to notifications of alleged copyright infringements and cancel the accounts of repeat offenders in accordance with the process established in Spanish copyright law. We ask that in the event that, despite our careful work, you detect an infringement of copyright, please tell us to proceed in your case and without delay to the elimination of the contents.
USE OF THE PLATFORM PRODUCTS SERVICES AND TEAM WEBSITES
To use the Platform, you will need a broadband Internet connection. You are responsible for providing all equipment necessary to access the Internet or enable communications such as headsets, microphones, and webcams. Connecting to the Internet through a corporate or other private network that hides your location can cause charges to differ from those shown.
The Platform may use the processing capabilities, memory and bandwidth of the computer (or other applicable device) that you are using, for the limited purpose of helping the Platform and establishing the connection between users of the Platform. If your use of the Internet is dependent on the use of a processor and bandwidth owned or controlled by a third party, you acknowledge and agree that your license to use the Internet is subject to your obtaining the consent of the appropriate third party for such use. You represent and warrant that, by accepting these Terms, you have obtained such consent.
Platform Updates: TEAM may automatically verify your version of the TEAM Platform. We may also automatically download configuration changes and updates to the Platform from time to time. You may need to update the Platform to continue using TEAM. You agree to accept such updates subject to these Terms unless other terms accompany the updates. If you do not agree, discontinue use of the Platform. TEAM is not obligated to make updates available and does not guarantee that we will continue to support the version of the platform or device for which you licensed the Platform or that the updated Platform will be compatible for use with end users running earlier versions of the Platform. TEAM or its affiliates and subsidiaries may also automatically download updates to TEAM Platform updates to maintain Platform compatibility, provide security updates or correct bugs, or offer new features, functionality or versions.
Suspension, technical improvement and maintenance: From time to time, TEAM may need to maintain or update the Platform, the Products, the Services or the TEAM Websites or the underlying infrastructure that allows you to use the Platform, the Product Services or the TEAM websites. This may require TEAM to temporarily suspend or limit the use of part or all of the Platform, Product Services or TEAM websites until such time as this maintenance and / or update can be completed. To the extent possible and unless intervention is urgently required, TEAM will post the date and time of such suspension or limitation on TEAM‘s website in advance. You will not have the right to claim damages for such suspension or limitation of the use of any Platform, Product Services or TEAM Website.
TEAM reserves the right to review content submitted on or through the Platform in order to enforce these Terms. TEAM may, in its sole discretion, block or prevent the delivery of any instant message, SMS, video, media or other communication to or from the TEAM Platform, Product Services and Websites as part of our efforts to protect the Platform, Products, Services from TEAM‘s or our clients’ websites, or to enforce these Terms. The following rules apply to your conduct and content when you use the Platform, Product Services, and TEAM websites. We do our best to keep TEAM safe, but we cannot guarantee it. We need your help to achieve this by complying with the following:
- Do not use the Platform to do anything illegal. You are responsible for your actions and for the consequences of your actions.
- Do not spam or use your account to help others send spam. Spam is unsolicited bulk email, calls, instant messages, other communications, and massive contact requests.
- Do not upload, download or share inappropriate images (including but not limited, nudity, bestiality, pornography).
- Do not upload or share images or participate in any activity that exploits or harms children.
- Do not participate in activities that are false or deceptive (including but not limited to, trying to ask for money under false pretenses or impersonating someone else).
- Do not participate in activities that are harmful to our Platform, Products, Services and TEAM websites or its users (including but not limited to, viruses, stalking or persecution, participating in hate speech and advocating violence against others).
- Do not infringe the legal rights of others (including but not limited to, the unauthorized sharing of music, photos, and other copyrighted content).
- Do not participate in activities that violate the privacy of others.
- Do not bypass, disable, or interfere with the security-related features of the TEAM Platform, Product Services, or Websites or features that prevent or restrict the use of any content.
- Do not collect content or information from users, or access TEAM in any other way, using automated means (including but not limited to bots, robots, computer spiders or web scraping) without our prior permission.
- Do not participate in illegal multi-level marketing, including but not limited to a pyramid scheme.
- Do not request login information or access an account that belongs to someone else.
- Do not intimidate or harass any user.
- Do not develop or operate a third-party application that contains alcohol-related, dating, or other adult content (including but limited to advertisements) without appropriate age-based restrictions.
- Do not do anything that could disable, overload, or impair the proper functioning or appearance of TEAM, including but not limited to a denial of service attack or interference with the rendering of the page or other TEAM functionality.
We may ask you to remove your content if it violates these Terms or the law. Failure to do so may result in loss of access or cancellation of your user account. Additionally, TEAM may remove your content without asking you if we determine that it violates these Terms or the law or if we receive a notice of intellectual property infringement from a third party.
Notice and Removal: If TEAM receives any notification that any material you post, upload, edit, host, share and / or post on the TEAM website or through the Platform is inappropriate, infringes the rights of any third party, or if TEAM wishes to delete your User Submission for any reason and at its sole discretion, TEAM reserves the right to automatically delete such User Submission for any reason immediately or within other deadlines that TEAM may decide from time to time in its sole discretion. User submission will be removed without any admission of liability and without prejudice to rights, remedies, or defenses, all of which are expressly reserved. You acknowledge and agree that TEAM is under no obligation to return such User Submission at any time. If User Submissions violate, or if you believe that User Submissions violate any of your rights (including intellectual property rights) or are illegal, please contact us immediately. TEAM reserves the right to request verification of your identity and to seek further information to verify your complaint. You agree that you are solely responsible for the consequences arising from your claim (including, but not limited to, removal or blocking of user submission) and acknowledge and agree that any claim may be used in legal proceedings. Any false, misleading or inaccurate information provided by you may result in civil and criminal liability.
Quality: TEAM cannot guarantee that TEAM‘s Platform, Product Services or Websites will always function without interruptions, delays or errors. Various factors may affect the Platform, including but not limited to: your local network, firewall, your Internet service provider, public Internet, and your power source. TEAM is not responsible for any interruption, interruption or delay caused by any failure or insufficiency in any of these items or any other item over which we have no control.
Changes: TEAM is constantly improving the Platform and may change the platform at any time. In addition, there are reasons why TEAM may stop providing the Platform, including (without limitation) that it is no longer feasible for us to provide it, technological advancements, customer feedback indicates a change, external issues that make it reckless or impractical to continue, or any other reason. As a result of such changes, you may be required to use an updated version of the Platform.
Unsolicited Ideas: TEAM does not consider or accept unsolicited proposals or ideas, including but not limited to ideas for new products, technologies, promotions, product names, product reviews, and product enhancements (“Unsolicited Comments”). If you submit any unsolicited comments to TEAM, you acknowledge and agree that TEAM will have no obligation of confidentiality with respect to the unsolicited comments. Furthermore, TEAM shall not have any obligation to compensate or recognize you for the submission and potential use of any unsolicited idea, as you have submitted said content at your own risk and volition, and without TEAM’s solicitation. By accepting these terms as provided herein, you expressly waive any and all intellectual property and/or financial right you may have to any Unsolicited Idea you provide to TEAM.
Certain parts of the TEAM platform or websites may request written suggestions or problem reports, such as using our contact form or problem report form (“Reports”). Please read carefully the specific terms governing those reports. Reports will be deemed the property of TEAM. TEAM will be the exclusive owner of all rights to the Reports now known or hereafter existing throughout the universe in perpetuity and will have the right to use the Reports for any purpose, commercial or otherwise, without compensation to the provider of the Reports. The Reports you send to TEAM will not be treated as confidential and TEAM will not be responsible for the disclosure of these Reports.
User account: Before your first use of the TEAM platform, you will be asked to create a user account and choose a user ID and password. We recommend that you choose a password that is difficult to guess and consists of letters, numbers, and symbols. You can only use the Platform through your User Account. You are solely responsible for all activities carried out through your user account. To prevent unauthorized use, you must keep your password confidential and shall not share it with third parties or use it to access third party websites or services. If you suspect that someone else knows your password, you should change it immediately to protect the security of your User Account. It is your responsibility to ensure that you do not respond to any unsolicited requests for credit card information, passwords, or other information. TEAM is not responsible for your breach of obligations and/or any damages you may incur (directly or indirectly) as a consequence of any improper use of your password and/or account information including but not limited to any improper use of your credit card and/or banking information.
Legal Use: You must use the TEAM Platform, Products, Services and Websites in accordance with the laws of your location. In some countries there are restrictions on the use of the TEAM Platform, Products, Services and / or Websites. It is your responsibility to ensure that you are legally authorized to use the TEAM Platform, Products and / or Websites wherever you are.
User Submissions: Exercise respect when participating in any of the functions of the TEAM websites, Platform such as forums, blogs, email functions, video hosting, sharing and / or posting or any other function on the TEAM websites or from the TEAM platform that allows you to publish, upload, edit, host, share and / or publish content. You acknowledge and agree that: (i) by using the TEAM websites and / or platform you may be exposed to content that may be offensive or indecent and you do so at your own risk; (ii) you are solely responsible and TEAM is not responsible to you or to any third party for User Submissions that you create, send, post or post on TEAM‘s websites or through the Platform; (iii) TEAM does not guarantee any confidentiality with respect to User Submissions, whether or not they are posted. (iv) TEAM is not responsible for User Submissions that may be accessed through the use of the TEAM Websites or Platform and all user submissions are the responsibility of the person from whom such user submissions originated. TEAM does not endorse any User Submissions or any opinion, recommendation or advice expressed therein and expressly disclaims all liability in connection with User Submissions.
In relation to your User Submissions, you represent and warrant that you:
(i) own or have the necessary licenses, rights, consents and permissions to use and authorize TEAM to use all copyrights, trademarks, trade secrets, patents and other intellectual property or proprietary rights in and for all User submissions in accordance with these terms; and
(ii) you have the written consent, disclosure and / or permission of each and every identifiable person in the user’s presentation to use the name and / or likeness of each of those persons in the user’s presentation, to allow its inclusion and use in the manner provided by these Terms. You must not copy, post or use text, photos, images, music, sounds, images or any other content from a third party or source (“Third Party Content”) without the specific permission of the owner. Such third-party content may be protected by intellectual property laws and the owners of the intellectual property rights in such content may object to its use. You should not use any Third Party Content without first obtaining permission from the owner of the intellectual property rights in such content.
You may not send or post through the TEAM website or platform any user submission that is defamatory, pornographic, harassing, hateful, an invasion of privacy, obscene, abusive, illegal, racist, offensive, harmful to a minor or a infringement of any intellectual property right or trade secret of a third party, or that violates the rights of a third party or generates civil or criminal liability. In addition, you may not send or post User Submissions that contain falsehoods or misrepresentations, request funds or services, contain advertising, promotional materials, junk mail, spam, chain letters or any form of solicitation, impersonate others or include programs that contain viruses. or any other programs designed to affect the functionality of any computer. You agree not to solicit, for commercial purposes, any user of the TEAM website or platform regarding your user submissions. You agree not to circumvent, disable or interfere with security-related features of the TEAM website or platform or with features that prevent or restrict the use of any content on it.
Your information: TEAM may occasionally request information from you in order to provide you with the Platform or Products. You must ensure that such information (including, where applicable, your billing information) is complete, current, and accurate.
No resale. The Platform, Products and Services are for your individual use. You will not resell or market the Platform, Services and / or Products to any third party.
Should you violate any of the above obligations in any way that would cause TEAM to be civilly or criminally liable to any third-party, then TEAM shall be entitled to seek recourse against you through indemnification. You shall hold TEAM harmless of any and all liability incurred by TEAM as a consequence of your violation of these terms, and shall be liable to TEAM for any and all damages incurred as a consequence of such violation(s), including but not limited to actual, consequential, and/or punitive damages, attorney’s fees, court costs, and/or administrative costs.
REGISTRATION AND ACCOUNT SECURITY
TEAM users provide their real names and information, and we need your help to keep it that way. Here are some commitments you make to us in relation to registering and maintaining the security of your account:
- You will not provide any false personal information on TEAM, nor will you create an account for anyone other than yourself without permission.
- You will not create more than one personal account.
- If we disable your account, you will not create another without our permission.
- You will not use your personal account for your own business gain, and you will use a TEAM Professional account for such purposes.
- If you use TEAM and are under 18 years of age, you will have a limited profile and will be required to associate your account with a guardian or parent.
- You will not use TEAM if you are a convicted sex offender.
- Keep your contact information accurate and up to date.
- You will not share your password (or in the case of developers, your secret key), you will not allow anyone else to access your account or do anything that could compromise the security of your account.
- You will not transfer your account to anyone without first obtaining our written permission.
- If you select a username or similar identifier for your account, we reserve the right to remove or reclaim it if we believe it is appropriate (such as when a trademark owner complains about a username that is not closely related to the real name of the user).
PROTECTION OF THE RIGHTS OF OTHER PEOPLE
We respect the rights of other people and we expect you to do the same.
- You will not post content or take any action on TEAM that infringes or violates another person’s rights or otherwise violates the law.
- We may remove any content or information you post on TEAM if we believe it violates this Statement or our policies.
- Protect your intellectual property rights.
- If we remove your content for infringing someone else’s copyright and you believe we removed it in error, we will provide you with an opportunity to appeal.
- If you repeatedly infringe the intellectual property rights of others, we will deactivate your account where appropriate.
- You will not use our copyrights or trademarks or any confusingly similar marks, except as expressly permitted by our Mark with our prior written permission.
- You will not post anyone’s identification documents or confidential financial information on TEAM.
MOBILE AND OTHER DEVICES
- We currently provide our services for free, but please note that your provider’s normal rates and fees, such as text messages and data charges, will still apply.
- In the event you change or deactivate your mobile phone number, you will update your account information in TEAM within 48 hours to ensure that your messages are not sent to the person who acquired your old number.
- You give your consent and all the necessary rights to allow users to synchronize (even through an application) their devices with any information that they can see in TEAM.
The TEAM Platform, Products and Websites contain confidential and proprietary information that is protected by intellectual property laws and treaties.
The content and the compilation of content included in the TEAM Websites, (excluding User Submissions) such as sounds, text, graphics, logos, icons, images, audio clips, digital downloads and Platform are the property of TEAM, its affiliates or licensors and are protected by national and international copyright laws. Such copyrighted content may not be reproduced without the express permission of TEAM. TEAM reserves all rights not expressly granted on the TEAM Websites.
TEAM and / or its licensors retain exclusive ownership of the TEAM Platform, Products and Websites and all intellectual property therein (whether or not registered and anywhere in the world). You will not take any action to jeopardize, limit or interfere with TEAM ‘s intellectual property rights in the TEAM Platform, Products, Services and / or Websites.
“TEAM “, associated trademarks and logos, and the “TEAM ” logo are trademarks of TEAM. TEAM has registered and filed applications to register its trademarks in many countries around the world. TEAM trademarks and trade dress may not be used in connection with any non-TEAM product or service, in any way that may cause confusion among customers or in any way that undermines or discredits TEAM. All other trademarks not owned by TEAM or any of its related companies that appear on this site are the property of their respective owners. You are not permitted and should not register or use any trade name, trademark, logo, domain name or any other name or sign that incorporates any of TEAM‘s intellectual property (in whole or in part) or that is confusingly similar to same.
If you make a payment at TEAM, you agree to our terms, unless other terms apply.
When you purchase products paid for directly from TEAM, you will be entitled to a withdrawal period of fifteen (15) days (“withdrawal period”) unless you have used the paid products in any way, in which case the withdrawal period will expire. and your purchase cannot be canceled or refunded.
If you believe that you have been charged by TEAM in error, you should contact TEAM Customer Service within 90 days of such charge. Refunds will not be granted for charges over 90 days old.
TEAM reserves the right to reject a refund request if it reasonably believes (i) that you are trying to unfairly exploit this refund policy, for example by making repetitive refund requests in respect of the same Product; (ii) if you violate these Terms or (iii) if TEAM reasonably suspects that you are using our Products or Platform fraudulently or that a third party is using your user account fraudulently.
This refund policy does not affect your legal rights.
To exercise your right of withdrawal, you must contact us via email at email@example.com and include a withdrawal form signed before the expiry of the withdrawal period.
TERMINATION OF YOUR RELATIONSHIP WITH TEAM
You can terminate your relationship with TEAM at any time and without going to court by requesting the closure of your user account, ceasing to use TEAM‘s platform, products, services and / or websites. If you violate the spirit of this Statement, or if you create a risk or potential legal exposure for us, we may stop providing all or part of TEAM to you. We will notify you by email or the next time you try to access your account. You can also delete your account or disable your application at any time.
TEAM may terminate its relationship with you, or may terminate or suspend your use of the TEAM Platform, User Account (s), Products, Services or Websites at any time, with or without cause, and without recourse to court.
TEAM will affect such termination by preventing your access to your User Account, the Platform, the Products, the Services and / or the TEAM Websites (as applicable). We reserve the right to cancel user accounts that have been inactive for more than one (1) year.
Consequences of termination: upon termination of your relationship with TEAM: (a) all licenses and rights to use the TEAM Platform, Products and / or Websites will terminate immediately; (b) any use of the TEAM Platform, Products, Services and / or Websites will immediately cease; and (c) immediately remove the Platform from all hard drives, networks and other storage media and destroy all copies of the Platform in its possession or control.
EXCLUSION OF WARRANTIES, LIMITATION OF LIABILITY AND INDEMNITY
“TEAM” includes its subsidiary companies and affiliated legal entities and all of their directors, officers, agents, licensors, and employees.
No Warranties: TO THE FULLEST EXTENT PERMITTED BY LAW: THE TEAM PLATFORM, PRODUCTS AND WEBSITES ARE PROVIDED “AS IS” AND USED AT YOUR OWN RISK WITHOUT WARRANTIES OF ANY KIND; TEAM MAKES NO WARRANTIES, CLAIMS OR REPRESENTATIONS AND EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, WITH REGARD TO THE PLATFORM, PRODUCTS, SERVICES AND / OR INCLUDING WEBSITES WITHOUT LIMITATIONS, NO LIMITATIONS, EQUIPMENT WARRANTY QUALITY, PERFORMANCE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR USE FOR A PARTICULAR PURPOSE. TEAM FURTHER DOES NOT REPRESENT OR WARRANT THAT THE TEAM PLATFORM, PRODUCTS, SERVICES AND / OR WEBSITES WILL ALWAYS BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE, ACCURATE, COMPLETE, ERROR-FREE, OR WILL WORK WITHOUT ANY ERRORS OR PACKAGES MAKES. ANY CONNECTION OR TRANSMISSION FROM THE INTERNET, OR ANY QUALITY OF CALLS MADE THROUGH THE PLATFORM.
Nothing in these Terms shall exclude or restrict TEAM‘s liability for (a) death or personal injury, (b) loss resulting from TEAM‘s willful default or gross negligence, (c) deliberate fraud or misrepresentation, or (d) any liability that may not be limited or excluded by applicable law.
No Liability: YOU ACKNOWLEDGE AND AGREE THAT TEAM SHALL HAVE NO LIABILITY IN ABSOLUTE, EITHER IN CONTRACT, EXTRA-CONTRACTUAL, TORT LIABILITY (INCLUDING NEGLIGENCE) OR ANY OTHER THEORY OF LIABILITY, OR BY THE POSSIBILITY THAT DAMAGES HAVE BEEN INCURRED, OR WILL BE INCURRED. DERIVED FROM YOUR USE OF TEAM WEBSITES, OR THE PLATFORM OR OTHER SERVICES PROVIDED FOR FREE. YOUR SOLE RIGHT OR REMEDY WITH RESPECT TO ANY PROBLEMS OR DISSATISFACTIONS WITH SUCH TEAM PLATFORMS AND / OR WEBSITES IS TO IMMEDIATELY DISCONTINUE USE OF SUCH TEAM PLATFORMS, SERVICES AND / OR WEBSITES.
Limitation of liability: TEAM will not be liable to You, whether by contract, tort liability (including negligence) or any other theory of liability, or by the possibility that such damages or losses have been notified or not to TEAM, for:
- Any indirect, special, incidental or consequential damages; or
- Any loss of income, business, actual or anticipated earnings, opportunity, goodwill or reputation (whether direct or indirect); or
- Any damage or corruption of data (whether direct or indirect);
- Any claim, damage or loss (whether direct or indirect) arising out of or related to:
- service provided by a third party under their own terms of service, including but not limited to,
- Any WiFi;
- Any other technology;
- Any third party website.
TEAM‘s total liability to you under or in connection with these Terms (whether by contract, tort (including negligence) or any other theory of liability) WILL NOT EXCEED THE AMOUNT PAID BY YOU FOR THE PRODUCTS IN THE 12 MONTH PERIOD IMMEDIATELY PRIOR TO THE DATE OF THE EVENT THAT GIVES RISE TO THE RELEVANT CLAIM, SUBJECT TO A MAXIMUM OF FIVE THOUSAND EUROS IN ALL CASES.
If a third party makes a claim against TEAM in relation to (i) your breach of these Terms or as a result of this; (ii) your breach of any applicable regulatory law; (iii) your infringement or violation of the rights of third parties (including intellectual property rights); (iv) your User Submissions or (v) your complaint in connection with any User Submissions you will be liable to TEAM and will indemnify and hold TEAM harmless from all damages, liabilities, losses, costs and expenses (including reasonable legal fees and costs) related to such claim.
THIRD PARTY WEBSITES, PRODUCTS AND SERVICES
You acknowledge and agree that any third party product information and prices displayed on the TEAM Websites in respect of third party products and services are provided to TEAM by the relevant third party merchant (“Merchant”). The Merchant has the ability to change its price or terminate the availability of its product at any time. TEAM does not participate in any transaction between you and any Merchant whose products and / or services are listed on the TEAM Websites. TEAM does not control, is not responsible for or guarantee: (i) the prices, quality, performance, availability or terms and conditions of purchase of products or services provided by the Merchant; (ii) any payment transaction, delivery, return or after-sales activities related to the products or services acquired on the Merchants’ websites; (iii) the availability of the Merchant’s websites; (iv) the completeness, veracity or accuracy of any advertising or other material on, or available on, the Merchants’ websites, nor any listing or other content about said products and services displayed on the TEAM Websites; (v) links to Merchants’ websites that appear on TEAM‘s Websites. Any question, complaint or claim related to any product or service provided by a Merchant should be directed to the appropriate Merchant.
The TEAM Platform and Websites may include hyperlinks to other third-party websites. TEAM is not responsible for such third party websites or the availability of such third party websites and does not endorse any content or material on such third party websites. The use of each of these third party websites is subject to the terms and conditions published on the corresponding website.
Platform and API Development: If you are a developer or operator of a platform application or website or plug-ins, you must comply with the TEAM Software and use any application program interface (“API”) exposed or made available by TEAM is subject to its own license terms in which case those license terms will govern your use of that Platform. If you use such Platform or API development (as applicable), you agree that you have read and will comply with the applicable license terms.
If there is a conflict between these terms and the additional terms, the additional terms will control that conflict.
These terms control the relationship between TEAM and you. They do not create rights of third party beneficiaries.
If you do not comply with these terms, and we do not take action immediately, this does not mean that we are giving up any rights we may have (such as taking action in the future). If it turns out that a particular term is not enforceable, this will not affect any other term.
The laws of Spain will apply to any dispute arising out of or related to these terms or the Services. All claims arising out of or related to these terms or services will be litigated exclusively in the Courts of Barcelona, Spain, and you and TEAM grant their consent to the personal jurisdiction of said courts.
HOW TO CONTACT TEAM
To contact TEAM regarding the TEAM platform or “TEAM” branded products, please send a support request to firstname.lastname@example.org.
If you contact TEAM by any other means, your request may not be recognized.
YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS AND UNDERSTAND THE RIGHTS, OBLIGATIONS, TERMS AND CONDITIONS SET FORTH HEREIN. BY CLICKING THE ACCEPTANCE BUTTON AND / OR CONTINUING TO INSTALL THE PLATFORM OR USE THE TEAM PLATFORM, PRODUCTS, SERVICES AND / OR WEBSITES, YOU EXPRESSLY AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS AND ANY OTHER RIGHTS AND OBLIGATIONS ESTABLISHED HERE AND/OR ANY AMENDMENTS, MODIFICATIONS, AND/OR ADDITIONAL TERMS ESTABLISHED THEREOF.