Terms of Service

Terms of Service

Effective Date: January 10, 2012

Thank you for using TeamPlatform. By using our Website, TeamPlatorm.com, and any service, functionality, software, plug-in, component, program, or product created by us (together, the “Services”), you agree to fully comply with and be bound by the following terms and conditions (the “Agreement”) each time you use our Services. Please read them carefully before using the Services.

Parties

The parties to these Terms of Service are you, and the owner of the Services, VisPower Technology, Inc. (“VTI”). All references to “we”, “us”, “our”, or this “site” shall be construed to mean the Services and VTI. If you are using the Services on behalf of an organization, “you” and “your” shall be construed to mean that organization.

Modification

We reserve the right to modify these Terms of Service at any time, and without prior notice, by posting an amended Terms of Service that is always accessible through the Terms of Service link on this site’s home page. You should scroll to the bottom of this page periodically to review material modifications and their effective dates. IF ANY MODIFICATION IS UNACCEPTABLE TO YOU, YOUR ONLY RECOURSE IS TO CLOSE YOUR ACCOUNT AND TERMINATE THIS AGREEMENT. YOUR CONTINUED USE OF THS SITE, THE SERVICES, AND/OR SOFTWARE FOLLOWING OUR POSTING OF AN AMENDED AGREEMENT OR PROVIDING YOU NOTICE OF A MODIFICATION WILL CONSTITUTE BINDING ACCEPTANCE.

Content

All contents of the Services, including, but not limited to, design, text, software, graphics, and/or other files (the “Content”), are protected by law, including, but not limited to, United States copyright law and international treaties. The copyrights and other intellectual property rights in the Content are owned by us and/or others. Except for the limited rights granted herein, all other rights are reserved.

Services

a. To use the Services, you must register with VTI to establish an account. (“Registration”) You agree (i) to provide certain current, complete, and accurate information about you (“Registration Data”), and (ii) to maintain and update such Registration Data as required to keep such information current, complete and accurate. You warrant that your Registration Data is and will continue to be accurate and current, and that you are authorized to provide such Registration Data. You authorize us to verify your Registration Data at any time. If any Registration Data that you provide is untrue, inaccurate, not current or incomplete, we retain the right, in its sole discretion, to suspend or terminate rights to use your account. Solely to enable us to use information you supply us internally, so that we are not violating any rights you might have in that information, you grant to us a nonexclusive license to (i) convert such information into digital format such that it can be read, utilized and displayed by our computers or any other technology currently in existence or hereafter developed capable of utilizing digital information, and (ii) combine the information with other content provided by us in each case by any method or means or in any medium whether now known or hereafter devised.

b. The Services are not available to minors under the age of 18 years of age and any user that has been suspended or removed from the system.

c. The Services include access to TeamPlatform.com to share workspaces in which digital files, tasks, data, or other information are collaboratively managed and/or install and use our software on your computers or mobile devices. We reserve the right to update and modify the Services from time to time.

d. Subject to the terms and conditions of this Agreement, and our Privacy Policy, you may access and use the Services, but only for your own internal purposes. All rights not expressly granted in this Agreement are reserved by us and our licensors.

e. You will be granted authorized login protocols for the Services, and you agree not to use the Services in excess of your authorized login protocols. You agree not to access (or attempt to access) this site by any means other than through the interface we provide, unless you have been specifically allowed to do so in a separate agreement. You agree not to access (or attempt to access) this site through any automated means (including use of scripts or web crawlers), and you agree to comply with the instructions set out in any robots.txt file present on this site.

f. You are not authorized to (i) resell, sublicense, transfer, assign, or distribute the site, its Services or the Content; (ii) modify or make derivative works based upon the site, its Services or the Content;(iii) “frame” or “mirror” any site, its Services or the Content on any other server or Internet-enabled device; or (iv) reverse engineer, decompile, or disassemble the Services or the Content for any purpose.

g. You are responsible for maintaining the confidentiality of your login ID, password, and any additional information that we may provide regarding accessing your account. If you knowingly share your login ID and password with another person who is not authorized to use the Services, this Agreement is subject to termination for cause. You agree to immediately notify us of any unauthorized use of your login ID, password, or account or any other breach of security.

h. We reserve the right to monitor your access and use of this website without notification to you. We may record or log your use in a manner as set out in our Privacy Policy that is accessible through the Privacy Policy link on this site’s home page.

i. BY UTILIZING OUR DESKTOP AND/OR MOBILE SOFTWARE APPLICATION AND/OR THE SERVICES, YOU CONSENT TO ALLOW US TO ACCESS YOUR COMPUTERS AND/OR MOBILE DEVICES ON WHICH THE APPLICATION IS INSTALLED TO ACCESS ANY FILES THAT ARE PLACED IN THE DESIGNATED FOLDERS, AND/OR ANY OTHER FOLDER WHICH YOU CHOOSE TO LINK TO IT.

Payment

a. The fees applicable for the Services are available at Pricing link and as published within the Services. All Services are prepaid for the period selected and are non-refundable. Our Refund Policy is considered part of the Agreement Please review this Refund Policy by clicking on this link.

b. We reserve the right to change the Fees or applicable charges and to institute new charges at any time, upon thirty (30) days prior notice to you.

c. Fees may be by credit card online at this site, or by any other method approved by us. Fees are non-refundable, unless expressly provided otherwise on this site or in this Agreement. If for any reason we are unable to charge your credit card with the full amount of the fees, or if we are charged back for any fee previously charged to your credit card, you agree that we may pursue all available remedies to enforce the payment obligation, including without limitation, suspension or termination of your account.

Termination

a. You agree that we may terminate your account and access to the Services for cause without prior notice, upon the occurrence of any one of the following: (i) any material breach of this Agreement, including without limitation any failure to pay fees as they become due or any unauthorized use of the site or Services, or (ii) requests by law enforcement or other government agencies.

b. You may close and terminate your account at any time by following the steps described in the Refund Policy link.

c. Termination of your account includes (i) removal of access to all Services, (ii) deletion of your login data, password, and all related information, and (iii) irrevocable removal of any data and files you have stored on our site.

Further, you agree that all terminations shall be made in our sole discretion, and that we will not be liable to you or any third-party for any termination of your account or access to Services. If we elect to terminate the Agreement for cause, we may elect, in our sole discretion, not to refund any prepaid fees or other amounts to you.

Privacy

a. Our Privacy Policy is considered part of the Agreement.

b. No VTI employee is allowed to view your workspaces, pages, and/or files until you shares them with VTI employees. The information provided in Registration Data and/or account profile, which may include, but not limited to, your name, phone number, e-mail address, business name, and billing information, is used internally for support, maintenance, and improvement of the Service. The full Privacy Policy can be found at Privacy Policy

Technical Support

We shall answer questions by email during our normal business hours regarding the use of the Services.

Warranty Disclaimers

EXCEPT AS MAY BE PROVIDED IN ANY SEPARATE WRITTEN AGREEMENTS SIGNED BY THE PARTIES, THE SERVICES, THE CONTENT, AND/OR SOFTWARE ARE PROVIDED “AS-IS”, AND NEITHER WE NOR ANY OF OUR LICENSORS MAKE ANY REPRESENTATION OR WARRANTY WITH RESPECT TO SUCH SOFTWARE, THE SERVICES, AND/OR THE CONTENT. EXCEPT AS MAY BE PROVIDED IN ANY SEPARATE WRITTEN AGREEMENT SIGNED BY THE PARTIES OR SEPARATE AGREEMENT ORIGINATING FROM THIS SITE, THIS SITE AND ITS LICENSORS SPECIFICALLY DISCLAIM, TO THE FULLEST EXTENT PERMITTED BY LAW, ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, RELATING TO THIS SITE OR SOFTWARE, THE SERVICES AND/OR THE CONTENT ACQUIRED FROM THIS SITE, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, COMPLETENESS, TIMELINESS, CORRECTNESS, NON-INFRINGEMENT, OR FITNESS FOR ANY PARTICULAR PURPOSE. THIS SITE AND ITS LICENSORS DO NOT REPRESENT OR WARRANT THAT THIS SITE, ITS SOFTWARE, THE SERVICES, AND/OR THE 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. NO PURCHASE OR USE OF THE ITEMS OFFERED BY THIS SITE IS AUTHORIZED HEREUNDER EXCEPT UNDER THESE DISCLAIMERS. 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 VTI OR ITS DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, AND/OR ITS LICENSORS 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, DIGIAL FILES, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE) ARISING OUT OF, OR IN ANY WAY CONNECTED WITH THIS SITE, ITS SOFTWARE, THE SERVICES, AND/OR THE CONTENT, ANY INTERRUPTION, INACCURACY, ERROR OR OMISSION, REGARDLESS OF CAUSE, EVEN IF THIS SITE OR OUR LICENSORS HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Export Control

The Services and the Content use software and technology that may be subject to United States export controls administered by the U.S. Department of Commerce, the United States Department of Treasury Office of Foreign Assets Control, and other U.S. agencies and the export control regulations of Switzerland and the European Union. The user of the Services (“User”) acknowledges and agrees that the Services shall not be used in, and none of the underlying information, software, or technology may be transferred or otherwise exported or re-exported to, countries to which the United States, Switzerland and/or the European Union maintains an embargo (collectively, “Embargoed Countries”), or to or by a national or resident thereof, or any person or entity on the U.S. Department of Treasury’s List of Specially Designated Nationals or the U.S. Department of Commerce’s Table of Denial Orders (collectively, “Designated Nationals”). The lists of Embargoed Countries and Designated Nationals are subject to change without notice. By using the Services, you represent and warrant that you are not located in, under the control of, or a national or resident of an Embargoed Country or Designated National. You agree to comply strictly with all U.S., Swiss and European Union export laws and assume sole responsibility for obtaining licenses to export or re-export as may be required.

Miscellaneous Legal Terms

a. This Agreement and our Privacy Policy constitute the entire understanding of the parties with respect to the Services and merges all prior communications, representations, and agreements. The application the United Nations Convention of Contracts for the International Sale of Goods is expressly excluded. This license is written in English, and English is its controlling language. If you are located outside the U.S., then the following provisions shall apply: (i) Les parties aux presentes confirment leur volonte que cette convention de meme que tous les documents y compris tout avis qui siy rattache, soient rediges en langue anglaise (translation: “The parties confirm that this Agreement and all related documentation is and will be in the English language.”); and (ii) you are responsible for complying with any local laws in your jurisdiction which might impact your right to import, export or use this site, and you represent that you have complied with any regulations or registration procedures required by applicable law to make this agreement enforceable.

b. 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 the Agreement 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 San Francisco, California, USA, and may be conducted by telephone or online. The arbitrator shall apply the laws of the California, 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.

c. The courts of San Francisco County in the State of California, USA and the nearest U.S. District Court shall be the exclusive jurisdiction and venue for all legal proceedings that are not arbitrated under these Terms of Service.

d. Any cause of action by you with respect to our Services must be instituted within one (1) year after the cause of action arose or be forever waived and barred.

e. The Agreement shall be construed under the laws of the California, USA, excluding rules regarding conflicts of law. The application the United Nations Convention of Contracts for the International Sale of Goods is expressly excluded.

Material Modifications Since January 10, 2012: none.