Last modified: December 8, 2015
These Terms and Conditions ("Terms") govern your use of www.myteamworks.org (the "Website") and related products, services, and content or information provided as part of the Website or such related products and services (collectively with the Website, the "Services"), which are owned and operated by TeamWorks, LLC ("TeamWorks", "us", "our" or "we"). As used in these Terms, "you" and "your" refer to you individually and the company on behalf of which you are entering into these Terms.
If you are using the Services on behalf of a company or other legal entity, you hereby represent and warrant that (i) you have the authority to enter into these Terms on behalf of the company or other legal entity and (ii) agree to be bound by these Terms individually, even when acting on behalf of the company.
By accessing, registering for or otherwise using the Services, you (1) acknowledge that you have read and understand these Terms, (2) agree to be bound by these Terms in their entirety, and (3) are entering into a binding agreement with us.
Representations and Warranties. To be eligible to use the Services, you represent and warrant that you:
- Are at least 13 years of age
- Are not currently restricted from the Services and are not otherwise prohibited from having an account related thereto
- Will only maintain one account at any given time
- Will only provide accurate information to TeamWorks
- Have the full power and authority to enter into these Terms and doing so will not violate any other agreement to which you are a party
- Will not violate any rights of TeamWorks or a third party, including intellectual property rights.
Types of Users. These Terms apply to all users of our Services. We provide services to the following types of users as defined below:
- Dealers. Our services are provided directly to Dealers who enter into dealer agreements with us. "Dealers" are the operators of one or more websites or assets through which they promote the sale of their products or services through partnerships with Fundraising Organizations that will sell these products and services to Customers. The Dealer is responsible for fulfilling all orders and shipping the products to the Fundraising Organization or the Fundraising Organizations’ Customers, depending upon the campaign offering’s specifications and the Campaign Manager’s selection. The Dealer is responsible for paying all applicable state and local government sales tax, use tax, and related fees for Dealer products sold through any fundraising campaign unless the Dealer receives an exemption from the Fundraising Organization.
- Fundraising Organizations. These entities select a product offered by a Dealer and market those products to their supporters through social media, e-mail, texts, and in-person sales efforts. "Fundraising Organizations" typically include but are not limited to schools, Parent-Teacher Associations, Foundations, booster clubs, youth sports teams and leagues, and other non-profit entities. Fundraising Organizations are responsible for supplying adequate copies of their W9 forms and tax ID numbers before any payments will be remitted by the Dealer to the Fundraising Organizations. Fundraising Organizations assume responsibility for paying all applicable state and local government sales tax, use tax, and related fees for products sold through a fundraising campaign that are not provided by a Dealer. Fundraising Organizations are NOT responsible for any such tax liability on any Dealer product sold through a fundraising campaign.
- Campaign Managers. Fundraising Organizations will designate a contact person as the "Campaign Manager" who will access our Services for purposes of managing fundraising campaigns for their respective Fundraising Organizations.
- Members. Fundraising Organizations, through the Campaign Manager, will provide us with a list of Members who will be participating in their fundraising efforts as sales persons, together with additional information we may request. A member must be over the age of 13 to register with our Services. Parents may register as Members for their children under the age of 13 to participate in fundraising campaigns.
- Customers. Customers are the persons who purchase products or services from Dealers through the marketing efforts of the Members, who act on behalf of the Fundraising Organization.
- Accessing or attempting to access the Services by any means other than through the interface we provide, unless you have been specifically allowed to do so in a separate agreement
- Accessing or attempting to access the Services through any automated means (including use of scripts or web crawlers)
- Falsifying or fraudulently misrepresenting any fundraising campaign
- Reselling, sublicensing, transferring, assigning, or distributing the Services
- Adapting, editing, copying, modifying or making derivative works based on the Services
- Reverse engineering, decompiling, disassembling, deciphering or otherwise attempting to derive the source code for any underlying intellectual property used to provide the Services
- "Framing" or "mirroring" the Services on any other server or Internet-enabled device
- The transmission or posting of chain letters, pyramid schemes, or acts that involve deceptive online marketing practices or fraud
- The transmission of bulk unsolicited email, promotional material, any SPAM material, or other acts that may considered SPAM, such as forging message headers
- Acts that may materially and adversely affect the quality of other User’s experience
- Actual or attempted unauthorized use or sabotage of any Services, introducing malicious programs into the Services, TeamWorks’ network or server, engaging in any monitoring or interception of data, attempting to circumvent authentication or security of any portion of the Services, TeamWorks’ network or server
- Permitting other Users or third parties to access the Services through your account
- Transmitting, receiving, uploading or using material that is violates any intellectual property right or is abusive, indecent, defamatory, harassing, pornographic, obscene, menacing, or a breach of confidence, privacy or similar third party
- Using the Services for anything other than lawful purposes including, but not limited to, intentionally or unintentionally violating any applicable local, state, national or international law.
- Social Media Integration. You may sign up for the Services by providing us with certain login information or through the Facebook login feature. When you use the Facebook login feature, we may access the information you have added on Facebook, in accordance with Facebook’s Platform Policies, in order to provide a social and personalized experience on our Services. Please remember that the manner in which Facebook uses, stores and discloses your information is governed by its own policies and TeamWorks shall have no liability or responsibility for the privacy practices or other actions of Facebook or any other social network that may be enabled within our Services.
- Shipment and Delivery Limitations. Dealers are solely responsible for all deliveries to Customers of products purchased by Customers from Organization Members. Products may be delivered directly to Customers or to the Fundraising Organizations; this decision will be made depending upon the campaign offering’s specifications and the Campaign Manager. You understand that product availability from Dealers may be limited and particular products may not be available for immediate delivery. Likewise, inclement weather and other circumstances out of the Dealer’s control may delay delivery or installation dates. We expressly disclaim any liability for any loss, damage, cost, or expense related to any delay in delivery or installation by a Dealer.
- Cancellations and Returns. Dealers are solely responsible for any and all cancellations, returns, and refunds to Customers. We expressly disclaim any liability for any loss, damage, cost, or expense related to any cancellations, returns, or refunds.
- Separate Agreements. You may acquire or offer products, services, or content from or through the Services. We reserve the right to require that you agree to separate agreements as a condition of your use or purchase of such products, services, or content.
Your Content. As between you and TeamWorks, you own the information, materials and photos or other content ("Content") that you provide TeamWorks under this Agreement. Notwithstanding the following licenses, you retain all rights to your Content, except as otherwise provided herein or in any other agreement between you and TeamWorks.
- Dealer License. As a Dealer, you grant to TeamWorks, and all of its subsidiaries, affiliates, successors and assigns a worldwide, perpetual, royalty-free, fully paid, sublicensable, non-exclusive and transferable right to use, publish, reproduce, modify, adapt, publicly display and otherwise use your Content as reasonably necessary and appropriate to provide the Services. Additionally you authorize us to use your corporate logo and corporate name for any promotional purposes.
- Fundraising Organization, Campaign Manager, Member, and Customer License. As a Fundraising Organization, Campaign Manager, Member or Customer, you grant to TeamWorks and all of its subsidiaries, affiliates, successors and assigns a worldwide, perpetual, royalty-free, fully paid, sublicensable, non-exclusive and transferable right to use, publish, reproduce, distribute, modify, prepare derivative works of, adapt, publicly display and otherwise use the Content. Such right shall survive the termination of these Terms and your use of the Services.
- Ownership. The material TeamWorks provides on or through the Services is protected by law, including, but not limited to, United States copyright law and international treaties. The copyrights and other intellectual property used to create or otherwise provided in connection with the Services are owned by us or third party licensors. Except for the limited rights granted herein, all other rights are reserved. We grant to you a limited, revocable, and nonexclusive right to create a hyperlink to the Website provided that the link does not portray us or our products or services in a false, misleading, derogatory, or offensive matter. You may not use any logo, trademark, or tradename that may be displayed on or through the Services or any other proprietary graphic image in the link without our prior written consent.
DMCA Notice. TeamWorks respects the intellectual property of others and expects you to do the same. If you believe materials posted on or through the Services infringe your copyright rights, send a notice of claimed infringement to the contact person specified below (our agent for notice of claimed infringement):
Address: 12460 Crabapple Rd Suite 202-334 Alpharetta, GA 30004 Email: firstname.lastname@example.org Telephone: 404-391-6989 Facsimile: 404-393-8972
We will investigate all notices of claimed infringement. If we, in good faith, believe the posted material to violate any applicable law or any third party’s rights, we will remove or disable access to any such material, and we will notify the posting party that the material has been blocked or removed.
All notices of claimed infringement must contain the following information. If the notice does not contain the following information, we are not legally bound to investigate your claim.
- Your contact information (including your name, postal address, telephone number and email address)
- Identification of the copyrighted work you believe to have been infringed
- Identification of the material on our Services you believe to be infringing, in a sufficiently detailed manner to allow us to locate that material, along with a page or location on our Services where the infringing material can be found
- A statement that you have a good faith belief that the copyrighted material is not authorized by the copyright owner, its agent or the law
- A statement that the information in the written notice is accurate
- A statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner, agent or licensee
- Your electronic signature.
- Warranty Disclaimers. THE SERVICES (AND ANY CONTENT RELATED THERETO) PROVIDED BY US OR THROUGH OUR DEALERS ARE PROVIDED "AS-IS" and "AS AVAILABLE", AND WE MAKE NO REPRESENTATION OR WARRANTY WITH RESPECT TO SUCH SERVICES OR CONTENT. TEAMWORKS SPECIFICALLY DISCLAIMS, TO THE FULLEST EXTENT PERMITTED BY LAW, ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, RELATING TO THE SERVICES OR CONTENT ACQUIRED FROM THE SERVICES OR PROVIDED THROUGH OUR DEALERS, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, COMPLETENESS, TIMELINESS, CORRECTNESS, NON-INFRINGEMENT, OR FITNESS FOR ANY PARTICULAR PURPOSE. TEAMWORKS DOES NOT REPRESENT OR WARRANT THAT THE SERVICES OR CONTENT: (A) WILL BE SECURE, TIMELY, UNINTERRUPTED OR ERROR-FREE OR OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM OR DATA, (B) WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, OR (C) WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THESE DISCLAIMERS CONSTITUTE AN ESSENTIAL PART OF THIS AGREEMENT. IF IMPLIED WARRANTIES MAY NOT BE DISCLAIMED UNDER APPLICABLE LAW, THEN ANY IMPLIED WARRANTIES ARE LIMITED IN DURATION TO THE PERIOD REQUIRED BY APPLICABLE LAW. SOME STATES OR JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY MAY LAST, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Limitation of Liability. IN NO EVENT SHALL TEAMWORKS, ITS AFFILIATES, EMPLOYEES, AGENTS REPRESENTATIVES, LICENSORS OR OTHER THIRD PARTY PARTNERS (EACH A "TEAMWORKS PARTY"), WHETHER DIRECTLY OR INDIRECTLY, BE LIABLE TO ANYONE FOR ANY DIRECT, INDIRECT, PUNITIVE, SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES OF ANY TYPE OR KIND (INCLUDING LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE) ARISING OUT OF, OR IN ANY WAY CONNECTED WITH THESE TERMS, THE SERVICES, OR ANY RELATED CONTENT, ANY INTERRUPTION, INACCURACY, ERROR OR OMISSION, REGARDLESS OF CAUSE, EVEN IF TEAMWORKS OR OUR LICENSORS HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
THE TOTAL CUMULATIVE LIABILITY OF ALL TEAMWORKS PARTIES IN CONNECTION WITH THIS AGREEMENT SHALL IN NO EVENT EXCEED THE GREATER OF: (A) THE AMOUNT YOU PAID TEAMWORKS FOR YOUR USE OF THE SERVICES IN THE PRIOR THREE (3) MONTHS; OR (B) THE SUM OF ONE HUNDERED ($100) DOLLARS.
- Unsubscribe. Dealers and Campaign Managers understand they will be receiving emails through the TeamWorks email hosting system and these emails will not have an Unsubscribe option. This is to preserve a key functionality of the Services that we provide to you. You may instead send an opt-out request to us at email@example.com. Please note that it may take a few days to remove your contact information from our marketing communications list, so you may receive correspondence from us for a short time after your request.
- Data Security. While we have adopted the industry standards to protect your data, the safety and security of your information also depends on you. Where you have a password for access to the Services or a Facebook login, you are responsible for keeping this password confidential. Unfortunately, no data transmission over the Internet is completely secure. Therefore, while we strive to protect your Personal Information by following generally accepted industry standards, we cannot ensure or warrant the absolute security of any information you transmit to us or archive at or through the Services.
- Right to Restrict or Terminate Your Access. We may restrict or deny your access to all or part of the Services without notice in our reasonable discretion if we deem that you have engaged in any conduct or activities that we believe in our reasonable discretion violates these Terms or any law. In the event that your access to the Services is terminated, you acknowledge and agree that you will continue to be bound by these Terms. Following termination, you shall immediately cease use of the Services and any license granted to you under any agreement related to your use of the Services shall immediately terminate.
Consumer Rights Information; California Civil Code Section 1789.3. Pricing information will be posted as part of the ordering process for the Services. We maintain specific contact information for complaints and inquiries regarding pricing policies in accordance with California Civil Code Section 1789.3. All correspondence should be addressed to our agent for notice at the following address:
Address: 12460 Crabapple Rd Suite 202-334 Alpharetta, GA 30004 Email: firstname.lastname@example.org Telephone: 404-391-6989 Facsimile: 404-393-8972
You may contact us with complaints and inquiries regarding pricing and we will investigate those matters and respond to the inquiries. The Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs may be contacted in writing at 1020 N. Street, #501, Sacramento, CA 95814, or by telephone at 1-916-445-1254.
- Indemnification. You agree to defend, indemnify and hold any TeamWorks Party harmless from any claim or demand, including reasonable attorney’s fees, made by any third party arising out of or relating to (i) any violation of these Terms by you; (ii) your content or any other content or material you submit or otherwise transmit through our Services; (iii) your violation of any rights of another, including intellectual property rights; and (iv) your use of the Services. TeamWorks reserves the right, at its own expense, to assume the exclusive defense and control of any claim otherwise subject to defense by you.
- Arbitration. Except for actions to protect intellectual property rights and to enforce an arbitrator’s decision hereunder, all disputes, controversies, or claims arising out of or relating to these Terms or a breach thereof shall be submitted to and finally resolved by arbitration under the rules of the American Arbitration Association ("AAA") then in effect. There shall be one arbitrator, and such arbitrator shall be chosen by mutual agreement of the parties in accordance with AAA rules. The arbitration shall take place in Atlanta, Georgia, USA, and may be conducted by telephone or online. The arbitrator shall apply the laws of the State of Georgia, USA to all issues in dispute. The controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The findings of the arbitrator shall be final and binding on the parties, and may be entered in any court of competent jurisdiction for enforcement. Enforcements of any award or judgment shall be governed by the United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards. Should either party file an action contrary to this provision, the other party may recover attorney’s fees and costs up to $1000.00.
- Jurisdiction and Venue. Subject to the Arbitration provision above, the courts of Fulton County in the State of Georgia, USA and the nearest U.S. District Court shall be the exclusive jurisdiction and venue for all legal proceedings.
- Controlling Law. Subject to the Arbitration provision above, these Terms shall be governed by, and construed in accordance with, the laws of the state of Georgia, without reference to its choice and conflict of law rules. The application the United Nations Convention of Contracts for the International Sale of Goods is expressly excluded.
- Severability. If any provision of these Terms is declared invalid or unenforceable, such provision shall be deemed modified to the extent necessary and possible to render it valid and enforceable. In any event, the unenforceability or invalidity of any provision shall not affect any other provision of these Terms, and these Terms shall continue in full force and effect, and be construed and enforced, as if such provision had not been included, or had been modified as above provided, as the case may be.
- Force Majeure. We shall not be liable for damages for any delay or failure of delivery arising out of causes beyond our reasonable control and without our fault or negligence, including, but not limited to, Acts of God, acts of civil or military authority, fires, riots, wars, embargoes, Internet disruptions, hacker attacks, or communications failures.
- Miscellaneous. These Terms, along with any rules, guidelines or policies published on the TeamWorks homepage constitute the entire agreement between TeamWorks and you with respect to your use of the Services. If there is any conflict between the Terms and other rules or instructions posted, the Terms shall control unless related to shipment and delivery of products available through our Services. Subject to applicable law to the contrary, you agree that any cause of action arising out of or related to the use of our Services must be commenced within one (1) year after the cause of action accrues, or such action will be permanently barred. You may not assign your rights or obligation under these Terms without the prior consent of TeamWorks. TeamWorks’ failure to insist upon or enforce any provision of these Terms shall not be construed as a waiver of any provision or right. All headings included in these Terms are included for convenience only, and shall not be considered in interpreting these Terms. These Terms do not limit any rights that TeamWorks may have pursuant to any intellectual property laws or other laws. All rights and remedies available to TeamWorks, pursuant to these Terms or otherwise, at law or in equity, are cumulative and not exclusive of any other rights or remedies that may be available. No independent contractor relationship, partnership, joint venture, employer-employee or franchise relationship is created by this Agreement.
If you have any questions, complaints, or claims, you may contact TeamWorks at:
|Address:||12460 Crabapple Rd Suite 202-334 Alpharetta, GA 30004|