Terms and Conditions
Agreeing to These Terms & Conditions
We offer a range of services depending on your needs. Individuals come to TeamForce Solutions.com to both post and purchase content. A majority of these Terms and Conditions will apply to both individuals and suppliers. In some cases, the responsibilities of individuals purchasing content and suppliers providing content vary. If these Terms and Conditions are inconsistent with specific Service Terms, those Service Terms will apply.
IMPORTANT – PLEASE CAREFULLY READ AND UNDERSTAND THESE TERMS AND CONDITIONS OF USE & SALE (THESE “TERMS”) BEFORE ACCESSING, USING, OR SUBSCRIBING OR PLACING AN ORDER OVER WWW.TEAMFORESOLUTIONS.COM OR OTHER OF OUR SITES OR ONLINE RESOURCES WHICH LINK TO THESE TERMS.
THESE TERMS CONTAIN DISCLAIMERS OF WARRANTIES AND LIMITATIONS OF LIABILITIES INCLUDING ARBITRATION AND CLASS ACTION WAIVER PROVISIONS THAT WAIVE YOUR RIGHT TO A COURT HEARING, RIGHT TO A JURY TRIAL, AND RIGHT TO PARTICIPATE IN A CLASS ACTION (SEE SECTIONS 10, 14, 15, AND 16). ARBITRATION IS MANDATORY AND IS THE EXCLUSIVE REMEDY FOR ANY AND ALL DISPUTES UNLESS SPECIFIED BELOW IN SECTION 16. THESE TERMS FORM AN ESSENTIAL BASIS OF OUR AGREEMENT.
General Use
The use of TeamForce Solutions.com or other sites or online resources to which these Terms are linked (each, a “Website”), owned and maintained by TeamForce Solutions LLC (“TeamForce Solutions,” “we,” “our,” “us”), are governed by these Terms. We offer the Website, including all information, tools, and services available from the Website to you, the user, conditioned upon your acceptance of all terms and conditions stated herein. By accessing, using, subscribing, or placing an order over the Website, you and your business (including any sub users you may have) agree to the terms and conditions set forth herein. If you do not agree to these Terms in their entirety, you are not authorized to use the Website in any manner or form whatsoever.
THIS IS A BINDING AGREEMENT. THESE TERMS TOGETHER WITH OUR PRIVACY STATEMENT FORM A LEGALLY BINDING AGREEMENT (THE “AGREEMENT”) BETWEEN YOU AND YOUR BUSINESS (“YOU”) AND TEAMFORCE SOLUTIONS. THIS AGREEMENT GOVERNS YOUR ACCESS TO AND USE OF THE WEBSITE AND THE SERVICES PROVIDED BY TEAMFORCE SOLUTIONS, ANY ORDER YOU PLACE THROUGH THE WEBSITE, BY TELEPHONE, OR OTHER ACCEPTED METHOD OF PURCHASE AND, AS APPLICABLE, YOUR USE OR ATTEMPTED USE OF THE PRODUCTS OR SERVICES OFFERED ON OR AVAILABLE THROUGH THE WEBSITE. PLEASE PRINT AND RETAIN A COPY OF THIS AGREEMENT FOR YOUR RECORDS.
TeamForce Solutions reserves the right to update and change, from time to time, these Terms and all documents incorporated by reference by posting updates and/or changes to our Website. It is your responsibility to check this page periodically for changes. You can find the most recent version of these Terms here. Use of the Website after such changes constitutes acceptance of such changes. Any new features or tools which are added to the current Website shall also be subject to the Terms.
Table of Contents
- 1. Website Use
- 2. Website User Conduct and Restrictions-License Terms
- 3. Our Privacy Statement and Your Personal Information
- 4. Information You Provide; Registration; Passwords; Prohibition Against Hosting Third-Party Agency Accounts
- 5. Order Placement and Acceptance
- 6. Refunds
- 7. Subscription Terms and Automatic Payment
- 8. Shipping Fees
- 9. Products, Services, and Prices Available on the Website
- 10. Disclaimer – your individual results will vary
- 11. Your Responsibilities Running A Business
- 12. Testimonials, reviews, and pictures/videos
- 13. Compliance with the law, including commitment against harassment and interference with others
- 14. Disclaimers of other warranties
- 15. Limitations of liabilities
- 16. Dispute resolution by mandatory binding arbitration and class action waiver
- 17. TeamForce Solutions's Additional Remedies
- 18. Indemnification
- 19. Notice and Takedown Procedures; Copyright Agents
- 20. Third-Party Links
- 21. Termination
- 22. No Waiver
- 23. Governing Law and Venue
- 24. Force Majeure
- 25. Assignment
- 26. Electronic Signature
- 27. Changes to the Agreement
- 28. Your Additional Representations and Warranties
- 29. Severability
- 30. Entire Agreement
- 31. Contacting Us
SECTION 1 – Website Use
SECTION 2 – Website User Conduct and Restrictions-License Terms
All aspects of our Website are protected by U.S. and international copyright, trademark, and other intellectual property laws, including all content, information, design elements, text material, logos, taglines, metatags, hashtags, photographic images, testimonials, personal stories, icons, video and audio clips, and downloads. No material on the Website may be copied, reproduced, distributed, republished, uploaded, displayed, posted, or transmitted in any way whatsoever. The TeamForce Solutions trademark and logo are proprietary marks of TeamForce Solutions, and the use of those marks is strictly prohibited. Nothing herein gives you the right to use, copy, register as a domain name, reproduce, or otherwise display any logo, tagline, trademark, trade name, copyrighted material, patent, trade dress, trade secret, or confidential information owned by TeamForce Solutions.
Subject to your continued strict compliance with all Terms, TeamForce Solutions provides to you a revocable, limited, non-exclusive, royalty-free, non-sublicenseable, non-transferrable license to use the Website. You acknowledge and agree that you do not acquire any ownership rights in any material protected by intellectual property laws.
If you purchase a subscription to TeamForce Solutions’s online materials, TeamForce Solutions provides to you a revocable, limited, non-exclusive, non-sublicenseable, non-transferrable license to use the software. You acknowledge and agree that: (1) the software is copyrighted material under United States and international copyright laws that is exclusively owned by TeamForce Solutions; (2) you do not acquire any ownership rights in the software; (3) you may not modify, publish, transmit, participate in the transfer or sale, or create derivative works from the content of the software; (4) except as otherwise expressly permitted under copyright law, you may not copy, redistribute, publish, display or commercially exploit any material from the software without the express written permission of TeamForce Solutions; and (5) in the event of any permitted copying (e.g., from the Website to your computer system), no changes in or deletion of author attribution, trademark, legend or copyright notice shall be made.
You agree not to use or attempt to use the Website, or any software provided by TeamForce Solutions, whether alone, or in conjunction with other software or hardware, in any unlawful manner or a manner harmful to TeamForce Solutions. You further agree not to commit any harmful or unlawful act or attempt to commit any harmful or unlawful act on or through the Website or through use of any software or hardware including, but not limited to, refraining from:
1. HARMFUL ACTS: Any dishonest or unethical practice; any violation of the law; infliction of harm to TeamForce Solutions reputation; hacking and other digital or physical attacks on the Website; scraping, crawling, downloading, screen-grabbing, or otherwise copying content on the Website and/or transmitting it in any way we haven’t specifically permitted; introducing, transmitting, or storing viruses or other malicious code; interfering with the security or operation of the Website; framing or mirroring the Website; creating, benchmarking, or gathering intelligence for a competitive offering; infringing another party’s intellectual property rights, including failing to obtain permission to upload/transfer/display works of authorship; intercepting or expropriating data; and the violation of the rights of TeamForce Solutions or any third party;
2. “SPAMMING” AND UNSOLICITED COMMUNICATIONS: We have zero tolerance for spam and unsolicited communications. Any communications sent or authorized by you reasonably deemed “spamming,” or any other unsolicited solicitations (including without limitation postings on social media or third-party blogs) will be deemed a material threat to TeamForce Solutions reputation and to the rights of third parties. It is your obligation, exclusively, to ensure that all business communications comply with state and local anti-spamming or analogous laws.
3. OFFENSIVE COMMUNICATIONS: Any communication sent, posted, or authorized by you, including without limitation postings on any website operated by you, or social media or blog, which are: sexually explicit, obscene, vulgar, or pornographic; offensive, profane, hateful, threatening, harmful, defamatory, libelous, harassing, or discriminatory; graphically violent; or solicitous of unlawful behavior.
4. SENSITIVE INFORMATION: You will not import, or incorporate into, any contact lists or other content you upload to any website, software, or other electronic service hosted, provided by or connected to TeamForce Solutions, any of the following information: social security numbers, national insurance numbers, credit card data, passwords, security credentials, bank account numbers, or sensitive personal, health or financial information of any kind.
SECTION 3 – Our Privacy Statement and Your Personal Information
SECTION 4 – Information You Provide; Registration; Passwords
SECTION 5 – Order Placement and Acceptance
If you order a service or product, payment must be received by us before your order is accepted. We may require additional information regarding your order if any required information was missing or inaccurate and may cancel or limit an order any time after it has been placed. Your electronic order confirmation, or any form of confirmation, does not signify our acceptance of your order. You must contact us immediately at support@teamforcesolutions.com in order to modify or cancel your pending order. We cannot guarantee that we will be able to amend your order in accordance with your instructions.
All items are subject to availability. We will notify you if any item is not available, the expected availability date, and may offer you an alternative product or service. If the availability of any product or service is delayed and you do not wish to substitute the product or service, upon your request, we will cancel your order and if previously charged, your payment card will be fully refunded for that specific order. We reserve the right to limit the sales of our products and services to any person, geographic region, or jurisdiction. We may exercise this right on a case-by-case basis at our sole and exclusive discretion.
Your purchase order of products and other services is conditioned on you re-affirming your acceptance of this Agreement.
All advertised prices are in, and all payments shall be in, U.S. Dollars.
SECTION 6 – Refunds
TeamForce Solutions has no refund or exchange policy.
Intangible online are not refundable. As our service are digital products, it is deemed “used” after being emailed, downloaded and/or opened.
If you are not happy with our services, your only recourse is to unsubscribe from using the services.
If you choose to stop using our services before the end of your billing cycle, you understand and accept that we will not be able to offer a refund, whether partially or in full, for the remaining part of your cycle.
For the sake of emphasis, we do not provide refunds, credit, or prorated billing for any canceled subscription.
If you wish to cancel your subscription, please email: support@teamforcesolutions.com. You must complete a cancellation survey form prior to having your subscription cancelled, failure to submit your survey in a timely manner may result in you being liable for the next billing cycle. Once your survey has been received our customer service can begin to process your cancellation request.
SECTION 7 – Subscription Terms and Automatic Payments
A TeamForce Solutions user is responsible for paying all sums due to TeamForce Solutions in connection with their monthly subscription in accordance with these Terms. The first fee payable in accordance with these Terms is due when the user account is set up and payment of the monthly fee is a condition of access, or after your free trial ends and you have not canceled the automatic subscription with us. Every calendar month, your account will be charged the subscription fee plus applicable tax for the following month’s subscription, together with any other fees for the following month’s subscription plus any accumulated charges for the past period (collectively “Fees”).
Failure by the TeamForce Solutions user to use any of the services available through the service provided by TeamForce Solutions does not relieve the TeamForce Solutions user of their payment obligations under these Terms. Potential users can pay by credit card or debit card. Payment details shall be collected by us through our secure financial data collection mechanism. You acknowledge and agree that we hold data relating to the transaction, including the last four digits and the expiration date of the card used to purchase the products or services together with details on when payment is due.
You further acknowledge and agree that payments are due on a recurring basis in accordance with the payment terms for the specific service purchased (unless the subscription is cancelled in accordance with these Terms) and therefore authorize the automatic payment collection terms applicable to that specific service (e.g., on a monthly basis and for a specific amount).
IF YOU WISH TO CANCEL YOUR TEAMFORCE SOLUTIONS SUBSCRIPTION (INCLUDING SUBSCRIPTIONS FOR SERVICES) AT ANY TIME AFTER A FREE TRIAL OR DISCOUNTED PERIOD ENDS, YOU MUST SUBMIT A CANCELLATION REQUEST TO US VIA OUR SUPPORT EMAIL ADDRESS SUPPORT@TEAMFORCESOLUTIONS.COM OR THROUGH YOUR ACCOUNT DASHBOARD, AS DETAILED HERE. FOR MONTHLY SUBSCRIPTIONS (INCLUDING SUBSCRIPTIONS FOR SERVICES), WE REQUIRE AT LEAST TEN (10) DAYS’ NOTICE OF CANCELLATION BY EMAIL. IF YOU PROVIDE SUCH NOTICE LESS THAN TEN (10) DAYS BEFORE THE FIRST DAY OF YOUR NEXT SUBSCRIPTION MONTH.
TeamForce Solutions reserves the right to immediately terminate a user’s account and/or service for any unpaid (in whole or part) period of the subscription (with or without notice). Termination of service in no way relieves or excuses the user from any obligation to pay outstanding charges or expenses. In the event TeamForce Solutions starts collection processes of any type, you will be liable for all collection costs, including legal fees and expenses, as provided in Section 18 below. In addition to any Fees, TeamForce Solutions may also charge applicable value added or other tax.
SECTION 8 – Shipping Fees
SECTION 9 – Products, Services, and Prices
Products, services, and prices are generally posted at the following URL, but are subject to change: www.teamforcesolutions.com. TeamForce Solutions reserves the right, without notice, to discontinue products or services or modify specifications and prices on products and services without incurring any obligation to you. Except as otherwise expressly provided for in these Terms, any price changes to your subscription or purchase of product(s) or services will take effect following email notice to you.
Price changes are effective on the first day of the month after the price change is posted. By accessing, using, subscribing or placing an order over the Website, you authorize TeamForce Solutions to charge your account in the amount indicated for the value of the services you select, including any future price changes. If you request a downgrade in services, the downgrade (and corresponding price reduction) will become effective on the first day of the month following your requested downgrade. By your continued use of TeamForce Solutions services, and unless you terminate your subscription as provided herein, you agree that TeamForce Solutions may charge your credit card monthly for the products and services you have selected, and you consent to any price changes for such services after e-mail notice has been provided to you.
TeamForce Solutions takes reasonable steps to ensure that the prices set forth on the Website are correct, and to accurately describe and display the items available on the Website. If the correct price of our product is higher than its stated price, we will, at our discretion, either contact you for instructions or cancel your order and notify you of such cancellation.
When ordering products or services, please note that TeamForce Solutions does not warrant that product or service descriptions are accurate, complete, current, or error-free, or that packaging will match the actual product that you receive. All sales are deemed final except as provided otherwise. TeamForce Solutions descriptions of, or references to, products or services not owned by TeamForce Solutions are not intended to imply endorsement of that product or service or constitute a warranty by TeamForce Solutions.
SECTION 10 – Disclaimer – Your Individual Results Will Vary
Every online business is different, employing different strategic approaches and organizational structures, and offering different products and services. Therefore, individual results will vary from user to user. YOUR BUSINESS’ INDIVIDUAL RESULTS WILL VARY DEPENDING UPON A VARIETY OF FACTORS UNIQUE TO YOUR BUSINESS, INCLUDING BUT NOT LIMITED TO YOUR CONTENT, BUSINESS MODEL, AND PRODUCT AND SERVICE OFFERINGS.
TeamForce Solutions does not promise, guarantee, or warrant your business’ success, income, or sales. You understand and acknowledge that TeamForce Solutions will not at any time provide sales leads or referrals to you or your business. Those businesses who purchase our products or services will receive access to our course and training. However, we do not guarantee your business’ success and based upon many market factors that we cannot control, the software and tools we provide may or may not be applicable to your specific business.
Further, we do not make earnings claims, efforts claims return on investment claims, or claims that our software, tools, or other offerings will make your business any specific amount of money, and it is possible that you will not earn your investment back. We do not sell a business opportunity, “get rich quick” program, guaranteed system, franchise system, or a business in a box. You should not purchase our products or services if that is your expectation.
Instead, you should purchase with the understanding that using the information and training purchased will take time and effort and may be applicable in some situations but not others. Also, we do not offer any tax, accounting, financial, or legal advice. You should consult your business’ accountant, attorney, or financial advisor for advice on these topics.
SECTION 11 – Your Responsibilities in Running Your Business
You represent and warrant that you operate a business in good-standing and you agree that there are no prior or pending government investigations or prosecutions against you or your business. You also agree that you and your business will only use TeamForce Solutions’s products and services for lawful purposes and that you shall not use such products or services, whether alone or in connection with other software, hardware, or services, for any unlawful or harmful purpose.
You are solely and exclusively responsible for complying with all applicable laws and regulations in running your business, including, but not limited to, all laws governing advertising and marketing claims, subscriptions, refunds, premium offers, tax laws, and all additional laws applicable to your business.
You agree to notify TeamForce Solutions if any investigation or lawsuit is threatened or filed against you, whereupon TeamForce Solutions shall have the right to terminate this Agreement without liability. TeamForce Solutions shall have no liability for your violation of any laws.
You are solely and exclusively responsible for collecting and reporting all sales and use tax, and any other taxes, which may apply to sales of products or services by your business. TeamForce Solutions shall not be responsible to collect or report any taxes which may apply to your business or sales of products or services by your business.
You agree to indemnify TeamForce Solutions as set out below in the event that you and/or your business violates any law and a claim is threatened or asserted against TeamForce Solutions as a result.
SECTION 12 – Testimonials, Reviews, and Pictures/Videos
TeamForce Solutions is pleased to hear from users and customers and welcomes your comments regarding our services and products. TeamForce Solutions may use testimonials and/or product reviews in whole or in part together with the name, city, and state of the person submitting it. Testimonials may be used for any form of activity relating to TeamForce Solutions services or products, in printed and online media, as TeamForce Solutions determines in its sole and exclusive discretion. Testimonials represent the unique experience of the participants and customers submitting the testimonial, and do not necessarily reflect the experience that you may have using our services or products. As set forth above in Section 10, your results will vary depending upon a variety of factors unique to and beyond TeamForce Solutions’s control. Note that testimonials, photographs, and other information that you provide to us will be treated as non-confidential and nonproprietary, and, by providing them, you grant TeamForce Solutions a royalty-free, worldwide, perpetual, nonexclusive and irrevocable license to use them.
Additionally, TeamForce Solutions reserves the right to correct grammatical and typing errors, to shorten testimonials prior to publication or use, and to review all testimonials prior to publication or use. TeamForce Solutions shall be under no obligation to use any, or any part of, any testimonial or product review submitted.
You may post reviews, comments, photos, videos, and other content; send e-cards and other communications; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights (including publicity rights), or otherwise injurious to third parties or objectionable, and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam” or unsolicited commercial electronic messages. You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. TeamForce Solutions reserves the right (but not the obligation) to remove or edit such content but does not regularly review posted content.
If you do post content or submit material, and unless we indicate otherwise, you grant TeamForce Solutions a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, perform, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant TeamForce Solutions and sublicensees the right to use the name that you submit in connection with such content if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify TeamForce Solutions for all claims resulting from content you supply. TeamForce Solutions has the right but not the obligation to monitor and edit or remove any activity or content. TeamForce Solutions takes no responsibility and assumes no liability for any content posted by you or any third party.
SECTION 13 – Compliance with the Laws, Including Commitment Against Harassment and Interference with Others (“Targeting”)
As a TeamForce Solutions user, you must comply with all laws, both U.S. and foreign, including, but not limited to, laws prohibiting deceptive and misleading advertising and marketing, e-mail marketing laws (including the federal CAN-SPAM Act (15 U.S.C. § 7701)), telemarketing laws (including the federal Telephone Consumer Protection Act (47 U.S.C. § 227) and the Federal Trade Commission’s Telemarketing Sales Rule (16 C.F.R. § 310)), laws governing testimonials (including the Federal Trade Commission’s Revised Endorsements and Testimonials Guides (16 CFR Part 255)), and/or any similar laws, laws relating to intellectual property, privacy, security, terrorism, corruption, child protection, or import/export laws. You are solely responsible for ensuring their compliance with all applicable laws, rules, regulations, and court orders of any kind of any jurisdiction applicable to you and your business, and any recipient to whom you send digital messages using our products or services. You have the responsibility to be aware of, understand, and comply with all applicable laws and ensure that you and all users of your account comply with such applicable laws at all times.
If you use any messaging software, or any other messaging system or other software or hardware provided by you or a third-party, you agree that you will follow all applicable laws with respect to sending messages, including without limitation the federal Telephone Consumer Protection Act. You further agree to indemnify and defend TeamForce SolutionsClosers IO from any claims, damages, losses, and lawsuits of any kind or nature that may be made or brought against TeamForce Solutions relating in any way to your violation of law or third-party rights by use or misuse of any messaging software or hardware, whether provided by TeamForce Solutions. You further understand and agree that TeamForce Solutions has no control over, and therefore cannot be responsible for, the functionality or failures of any third-party software, including without limitation Facebook, Facebook Messenger, and internet browser notifications. TEAMFORCE SOLUTIONS DOES NOT WARRANT THAT ANY TEAMFORCE SOLUTIONS MESSAGING SOFTWARE WILL BE COMPATIBLE WITH ANY THIRD-PARTY SOFTWARE. YOU ARE SOLELY AND EXCLUSIVELY RESPONSIBLE FOR YOUR USE OF ANY AND ALL MESSAGING SOFTWARE AND/OR HARDWARE.
COMMITMENT AGAINST TARGETING AND HARASSMENT AND INTERFERENCE WITH OTHERS. You must not use our services, whether alone, or in connection with other software or hardware, to: (i) store, distribute, or transmit any malware or other material that you know, or have reasonable grounds to believe, is or may be tortious, libelous, offensive, infringing, harassing, harmful, disruptive, or abusive; or (ii) commit, promote, aid, or abet any behavior, which you know, or have reasonable grounds to believe, is or may be tortious, libelous, offensive, infringing, harassing, harmful, disruptive, or abusive.
SECTION 14 – Disclaimers of Other Warranties
EXCEPT WHERE OTHERWISE INAPPLICABLE OR PROHIBITED BY LAW:
THE WEBSITE AND ALL CONTENT ARE PROVIDED ON AN “AS IS”, “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WE MAKE NO, AND EXPRESSLY DISCLAIM ANY AND ALL, REPRESENTATIONS AND WARRANTIES AS TO THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, AVAILABILITY, ACCURACY, AND/OR COMPLETENESS OF ANY INFORMATION ON THIS WEBSITE. WE DO NOT REPRESENT OR WARRANT, AND EXPRESSLY DISCLAIM THAT: (A) THE USE OF THE WEBSITE OR ANY SOFTWARE WILL BE SECURE, TIMELY, UNINTERRUPTED OR ERROR-FREE, OR OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM OR DATA, (B) THE WEBSITE, SOFTWARE, OR SERVICES WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (C) ANY STORED DATA WILL BE ACCURATE OR RELIABLE, (D) THE QUALITY OF ANY PRODUCTS, SERVICES, SOFTWARE, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE WEBSITE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (E) ERRORS OR DEFECTS IN THE WEBSITE WILL BE CORRECTED, OR (F) THE WEBSITE OR THE SERVER(S) THAT MAKE THE WEBSITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT OF THIRD-PARTY RIGHTS, ARE HEREBY DISCLAIMED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
SECTION 15 – Limitations of Liabilities
SECTION 16 – Dispute Resolution by Mandatory Binding Arbitration and Class Action Waiver
PLEASE READ THIS ARBITRATION PROVISION CAREFULLY TO UNDERSTAND YOUR RIGHTS. EXCEPT WHERE PROHIBITED BY LAW, YOU AND YOUR BUSINESS AGREE THAT ANY CLAIM THAT YOU OR YOUR BUSINESS MAY HAVE IN THE FUTURE MUST BE RESOLVED THROUGH FINAL AND BINDING CONFIDENTIAL ARBITRATION. YOU ACKNOWLEDGE AND AGREE THAT YOU ARE WAIVING THE RIGHT TO A TRIAL BY JURY. THE RIGHTS THAT YOU AND YOUR BUSINESS WOULD HAVE IF YOU WENT TO COURT, SUCH AS DISCOVERY OR THE RIGHT TO APPEAL, MAY BE MORE LIMITED OR MAY NOT EXIST. YOU AGREE THAT YOU MAY ONLY BRING A CLAIM IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF (LEAD OR OTHERWISE) OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. YOU FURTHER AGREE THAT THE ARBITRATOR MAY NOT CONSOLIDATE PROCEEDINGS OR CLAIMS OR OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING.
THERE IS NO JUDGE OR JURY IN ARBITRATION, AND COURT REVIEW OF AN ARBITRATION AWARD IS LIMITED. HOWEVER, AN ARBITRATOR CAN AWARD ON AN INDIVIDUAL BASIS THE SAME DAMAGES AND RELIEF AS A COURT (INCLUDING INJUNCTIVE AND DECLARATORY RELIEF OR STATUTORY DAMAGES) AND MUST FOLLOW THESE TERMS AS A COURT WOULD.
If you have a complaint, dispute, or controversy, you agree to first contact us a. to attempt to resolve the dispute or controversy informally. Any controversy or claim arising out of or related to the use of the Website, any product, service, or software, these Terms, the Privacy Statement, any affiliate agreement, or your relationship with us that cannot be resolved through such informal process or through negotiation within 120 days shall be resolved by binding, confidential arbitration administered by the American Arbitration Association (“AAA”), and judgment on the award rendered may be entered in any court having jurisdiction thereof. We agree that any claim we may have against you or your business will also be subject to his arbitration provision, except as provided in Sections 20 and 21 below. The arbitration will be conducted by a single neutral arbitrator in the English language in [Canada or the United States Jurisdiction],unless we both agree to conduct the arbitration by telephone or written submissions. The arbitrator shall be selected by agreement of the parties or, if the parties cannot agree, chosen in accordance with Rules of the AAA. The arbitration will be conducted in accordance with the provisions of the AAA’s Commercial Arbitration Rules and Procedures, in effect at the time of submission of the demand for arbitration. The AAA’s Rules are available at www.adr.org or by calling 1-800-778-7879. The arbitrator shall have the exclusive and sole authority to resolve any dispute relating to the interpretation, construction, validity, applicability, or enforceability of these Terms and Conditions of Use and Sale, the Privacy Statement, this arbitration provision, and any other terms incorporated by reference into these Terms and Conditions of Use and Sale. The arbitrator shall have the exclusive and sole authority to determine whether any dispute is arbitrable. The arbitrator shall have the exclusive and sole authority to determine whether this arbitration agreement can be enforced against a non-signatory to this agreement and whether a non-signatory to this agreement can enforce this provision against you or TeamForce Solutions.
Payment of all filing, administration, and arbitrator fees will be governed by the AAA’s Rules. In all other respects, the parties shall each pay their own additional fees, costs, and expenses, including, but not limited to, those for any attorneys, experts, documents, and witnesses.
The arbitrator shall follow the substantive law of the State of Texas without regard to its conflicts of laws principles. Any award rendered shall include a confidential written opinion and shall be final, subject to appeal under the Federal Arbitration Act, 9 U.S.C. §§ 1-16, as amended. Judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
You and TeamForce Solutions agree that disputes will only be arbitrated on an individual basis and shall not be consolidated, on a class wide, representative basis, or with any other arbitration(s) or other proceedings that involve any claim or controversy of any other party. You and TeamForce Solutions expressly waive any right to pursue any class or other representative action against each other.
Failure or any delay in enforcing this arbitration provision in connection with any particular claim will not constitute a waiver of any rights to require arbitration at a later time or in connection with any other claims except that all claims must be brought within 1 year after the claim arises (the 1 year period includes the 120 day informal resolution procedures described above).
This arbitration provision sets forth the terms and conditions of our agreement to final and binding confidential arbitration and is governed by and enforceable under the Federal Arbitration Act, 9 U.S.C. §§ 1-16, as amended.
This provision survives termination of your account or relationship with TeamForce Solutions, bankruptcy, assignment, or transfer. If the class action waiver is deemed unenforceable (i.e., unenforceability would allow arbitration to proceed as a class or representative action), then this entire arbitration provision shall be rendered null and void and shall not apply. If a portion of this arbitration provision (other than the class action waiver) is deemed unenforceable, the remaining portions of this arbitration provision shall remain in full force and effect.
YOU UNDERSTAND THAT YOU AND YOUR BUSINESS WOULD HAVE HAD A RIGHT TO LITIGATE THROUGH A COURT, TO HAVE A JUDGE OR JURY DECIDE YOUR CASE, AND TO BE PARTY TO A CLASS OR REPRESENTATIVE ACTION. HOWEVER, YOU UNDERSTAND AND AGREE TO HAVE ANY CLAIMS DECIDED INDIVIDUALLY AND ONLY THROUGH BINDING, FINAL, AND CONFIDENTIAL ARBITRATION IN ACCORDANCE WITH THIS ARBITRATION PROVISION.
SECTION 17– TeamForce Solutions Additional Remedies
SECTION 18 – Indemnification
SECTION 19 – Notice and Takedown Procedures; Digital Millennium Copyright Act
SECTION 20 – THIRD-PARTY LINKS
SECTION 21 – Termination
SECTION 22 – No Waiver
SECTION 23 – Governing Law and Venue
SECTION 24 – Force Majeure
SECTION 25 – Assignment
SECTION 26 – Electronic Signature
SECTION 27 – Changes To The Agreement
SECTION 28 – Your Additional Representations and Warranties
You hereby further represent and warrant: (1) that you are at least eighteen (18) years of age, or the legal age of majority in your jurisdiction, whichever is greater; (2) that you own, operate, and/or have the right to bind the business for which you are using the Website; (3) have read this Agreement and thoroughly understand and agree to the terms contained in this Agreement; and (4) that you will not resell, re-distribute, or export any product or service that you order from the Website. You further represent that TeamForce Solutions has the right to rely upon all information provided to TeamForce Solutions by you, and TeamForce Solutions may contact you and your business by email, telephone, or postal mail for any purpose, including but not limited to (i) follow-up calls, (ii) satisfaction surveys, and (iii) inquiries about any orders you placed, or considered placing, on or through the Website.
You further represent and warrant that there are no prior or pending government investigations or inquiries of, or prosecutions against you, or any business related to you, by the Federal Trade Commission, any other federal or state governmental agency, or any industry regulatory authority, anywhere in the world, nor any prior or pending private lawsuits against you. If at any time during the life of the Agreement you, or any business related to You, becomes the subject of a government investigation, inquiry, or prosecution by the Federal Trade Commission, any other federal or state governmental agency, or any industry regulatory authority anywhere in the world, or the subject of any lawsuit, you will notify TeamForce Solutions of the same within 24 hours. TeamForce Solutions, at its sole discretion, may terminate the Agreement based on any investigation, proceeding, or lawsuit identified pursuant to this paragraph or otherwise discovered by TeamForce Solutions without incurring any obligation or liability to you.
SECTION 29 – Severability
SECTION 30 – Entire Agreement
SECTION 31 – Contacting Us
We encourage our customers to contact us with questions or comments about our products and services. Please feel free to do so by sending an e-mail to team@teamforcesolutions.com
If you have any questions or inquiries concerning any of the Terms, you may contact TeamForce Solutions by email at team@teamforcesolutions.com or by regular mail at 9355 John W. Elliott Dr Ste 25, Frisco, TX 75033, USA
Note on how we can communicate with you:
By agreeing to our terms of service a prospect agrees to receive snail mail, email, phone and automated prerecorded voice message solicitations from TEAMFORCESOLUTIONS.COM, including its various business divisions, affiliates, partners, vendors, list managers and clients who purchase our lists. You also agree to be contacted on a recurring basis for as long as you are a part of our sms/mms mobile message marketing program. We may sell the personal information that you supply to us and we may work with other third party businesses to bring selected retail opportunities to our members via direct mail, email, SMS, text and telemarketing (including but not limited to pre recorded phone messages). Filling out any forms on our pages constitutes my signature and agreement that TEAMFORCESOLUTIONS.COM and it’s representatives, agents, and partners may contact me by telephone (including at my wireless telephone number), email, SMS, or pre-recorded message at the information I provided through this website, and I understand and agree that this consent applies even if my number is listed on a state or federal do-not-call list. By filling out any of our forms you also agree that you cannot “build a case” against TEAMFORCESOLUTIONS.COM (by counting infractions per solicitation) because by submitting any forms or filling out any information signifies that you are requesting to be contacted by email, including SMS, text, pre-recorded phone calls. In no event shall either party be liable for special, indirect, incidental, or consequential damages, including, but not limited to, loss of use, or loss of profits.
Message and data rates may apply.
Prospect agrees he/she is solely responsible for any and all third party fees a prospect may incur when being contacted by TEAMFORCESOLUTIONS.COM and its business divisions, affiliates, partners, clients, vendors and list managers. By filling out ANY of our forms you also forfeit your right to litigate against TEAMFORCESOLUTIONS.COM based on any previously alleged infraction (alleged infractions prior to you submitting any forms) including but not limited to SMS, email, or robo-dial. If any of the terms are held unenforceable, the reminder of the terms shall remain in effect.
Please DO NOT digitally sign this agreement by submitting any forms on any of our websites if you do not agree with our terms and conditions.
To unsubscribe from email, phone, sms, or robo-dialing mediums please send an email to support@teamforcesolutions.com and include the phone number and or email address you wish to be removed. You may also call and leave a message indicating such request at (214) 901-7270, you can also opt-out by replying to the text message with “STOP”.
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