---
text:
- |2
<strong> TERMS OF USE </strong>
<br>
<strong>Last updated August 16, 2021</strong>
<br>
<br>
<br>
<strong>AGREEMENT TO TERMS</strong>
<br> These Terms of Use constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”) and Team SDS LLC (" <strong>Company</strong> ," “<strong>we</strong>," “<strong>us</strong>," or “<strong>our</strong>”), concerning your access to and use of the https://teamsds.net website as well as any other media form, media channel, mobile website or mobile application related, linked, or otherwise connected thereto (collectively, the “Site”).
You agree that by accessing the Site, you have read, understood, and agreed to be bound by all of these Terms of Use.
IF YOU DO NOT AGREE WITH ALL OF THESE TERMS OF USE, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SITE AND YOU MUST DISCONTINUE USE IMMEDIATELY.
<br> Supplemental terms and conditions or documents that may be posted on the Site from time to time are hereby expressly incorporated herein by reference.
We reserve the right, in our sole discretion, to make changes or modifications to these Terms of Use from time to time.
We will alert you about any changes by updating the “Last updated” date of these Terms of Use, and you waive any right to receive specific notice of each such change.
Please ensure that you check the applicable Terms every time you use our Site so that you understand which Terms apply.
You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms of Use by your continued use of the Site after the date such revised Terms of Use are posted.
<br> The information provided on the Site is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country.
Accordingly, those persons who choose to access the Site from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.
<br> The Site is intended for users who are at least 18 years old.
Persons under the age of 18 are not permitted to use or register for the Site.
 .
<br>
<br>
<strong>INTELLECTUAL PROPERTY RIGHTS</strong>
<br> Unless otherwise indicated, the Site is our proprietary property and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Site (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of the United States, international copyright laws, and international conventions.
The Content and the Marks are provided on the Site “AS IS” for your information and personal use only.
Except as expressly provided in these Terms of Use, no part of the Site and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.
<br> Provided that you are eligible to use the Site, you are granted a limited license to access and use the Site and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use.
We reserve all rights not expressly granted to you in and to the Site, the Content and the Marks.
<br>
<br>
<strong>USER REPRESENTATIONS</strong>
<br> By using the Site, you represent and warrant that: (1) all registration information you submit will be true, accurate, current, and complete.
(2) you will maintain the accuracy of such information and promptly update such registration information as necessary .
 .
(3) you have the legal capacity and you agree to comply with these Terms of Use.
(4) you are not a minor in the jurisdiction in which you reside .
(5) you will not access the Site through automated or non-human means, whether through a bot, script, or otherwise.
(6) you will not use the Site for any illegal or unauthorized purpose.
and (7) your use of the Site will not violate any applicable law or regulation.
<br> If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof).
<br>
<br>
<strong>USER REGISTRATION</strong>
<br> You may be required to register with the Site.
You agree to keep your password confidential and will be responsible for all use of your account and password.
We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.
<br>
<br>
<strong>PROHIBITED ACTIVITIES</strong>
<br> You may not access or use the Site for any purpose other than that for which we make the Site available.
The Site may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.
<br> As a user of the Site, you agree not to: <br> 1 . Systematically retrieve data or other content from the Site to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
2 .
Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords.
3 .
Circumvent, disable, or otherwise interfere with security-related features of the Site, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Site and/or the Content contained therein.
4 .
Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Site.
5 .
Use any information obtained from the Site in order to harass, abuse, or harm another person.
6 .
Make improper use of our support services or submit false reports of abuse or misconduct.
7 .
Use the Site in a manner inconsistent with any applicable laws or regulations.
8 .
Engage in unauthorized framing of or linking to the Site.
9 .
Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Site or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Site.
10 .
Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.
11 .
Delete the copyright or other proprietary rights notice from any Content.
12 .
Attempt to impersonate another user or person or use the username of another user.
13 .
Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms” or “pcms”).
14 .
Interfere with, disrupt, or create an undue burden on the Site or the networks or services connected to the Site.
15 .
Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Site to you.
16 .
Attempt to bypass any measures of the Site designed to prevent or restrict access to the Site, or any portion of the Site.
17 .
Copy or adapt the Site’s software, including but not limited to Flash, PHP, HTML, JavaScript, or other code.
18 .
Except as permitted by applicable law, decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Site.
19 .
Except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Site, or using or launching any unauthorized script or other software.
20 .
Use a buying agent or purchasing agent to make purchases on the Site.
21 .
Make any unauthorized use of the Site, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses.
22 .
Use the Site as part of any effort to compete with us or otherwise use the Site and/or the Content for any revenue-generating endeavor or commercial enterprise.
23 .
Use the Site to advertise or offer to sell goods and services.
24 .
Sell or otherwise transfer your profile.
<br>
<br>
<strong>USER GENERATED CONTRIBUTIONS</strong> .
<br> The Site may invite you to chat, contribute to, or participate in blogs, message boards, online forums, and other functionality, and may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or on the Site, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, or personal information or other material (collectively, "Contributions").
Contributions may be viewable by other users of the Site and through third-party websites.
As such, any Contributions you transmit may be treated as non-confidential and non-proprietary.
When you create or make available any Contributions, you thereby represent and warrant that: <br> 1.
The creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your Contributions do not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party.<br>2.
You are the creator and owner of or have the necessary licenses, rights, consents, releases, and permissions to use and to authorize us, the Site, and other users of the Site to use your Contributions in any manner contemplated by the Site and these Terms of Use.<br>3.
You have the written consent, release, and/or permission of each and every identifiable individual person in your Contributions to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of your Contributions in any manner contemplated by the Site and these Terms of Use.<br>4.
Your Contributions are not false, inaccurate, or misleading.<br>5.
Your Contributions are not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.<br>6.
Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libelous, slanderous, or otherwise objectionable (as determined by us).<br>7.
Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.<br>8.
Your Contributions are not used to harass or threaten (in the legal sense of those terms) any other person and to promote violence against a specific person or class of people.<br>9.
Your Contributions do not violate any applicable law, regulation, or rule.<br>10.
Your Contributions do not violate the privacy or publicity rights of any third party.<br>11.
Your Contributions do not violate any applicable law concerning child pornography, or otherwise intended to protect the health or well-being of minors.<br>12.
Your Contributions do not include any offensive comments that are connected to race, national origin, gender, sexual preference, or physical handicap.<br>13.
Your Contributions do not otherwise violate, or link to material that violates, any provision of these Terms of Use, or any applicable law or regulation.
<br> Any use of the Site in violation of the foregoing violates these Terms of Use and may result in, among other things, termination or suspension of your rights to use the Site.
<br>
<br>
<strong>CONTRIBUTION LICENSE</strong>
<br> By posting your Contributions to any part of the Site , you automatically grant, and you represent and warrant that you have the right to grant, to us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right, and license to host, use, copy, reproduce, disclose, sell, resell, publish, broadcast, retitle, archive, store, cache, publicly perform, publicly display, reformat, translate, transmit, excerpt (in whole or in part), and distribute such Contributions (including, without limitation, your image and voice) for any purpose, commercial, advertising, or otherwise, and to prepare derivative works of, or incorporate into other works, such Contributions, and grant and authorize sublicenses of the foregoing.
The use and distribution may occur in any media formats and through any media channels.
<br> This license will apply to any form, media, or technology now known or hereafter developed, and includes our use of your name, company name, and franchise name, as applicable, and any of the trademarks, service marks, trade names, logos, and personal and commercial images you provide.
You waive all moral rights in your Contributions, and you warrant that moral rights have not otherwise been asserted in your Contributions.
<br> We do not assert any ownership over your Contributions.
You retain full ownership of all of your Contributions and any intellectual property rights or other proprietary rights associated with your Contributions.
We are not liable for any statements or representations in your Contributions provided by you in any area on the Site.
You are solely responsible for your Contributions to the Site and you expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding your Contributions.
 .
<br> We have the right, in our sole and absolute discretion, (1) to edit, redact, or otherwise change any Contributions.
(2) to re-categorize any Contributions to place them in more appropriate locations on the Site.
and (3) to pre-screen or delete any Contributions at any time and for any reason, without notice.
We have no obligation to monitor your Contributions.
<br>
<br>
<strong>SUBMISSIONS</strong>
<br> You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information regarding the Site ("Submissions") provided by you to us are non-confidential and shall become our sole property.
We shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you.
You hereby waive all moral rights to any such Submissions, and you hereby warrant that any such Submissions are original with you or that you have the right to submit such Submissions.
You agree there shall be no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in your Submissions.
<br>
<br>
<strong>THIRD-PARTY WEBSITE AND CONTENT</strong>
<br> The Site may contain (or you may be sent via the Site) links to other websites ("Third-Party Websites") as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other content or items belonging to or originating from third parties ("Third-Party Content").
Such Third-Party Websites and Third-Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third-Party Websites accessed through the Site or any Third-Party Content posted on, available through, or installed from the Site, including the content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of or contained in the Third-Party Websites or the Third-Party Content.
Inclusion of, linking to, or permitting the use or installation of any Third-Party Websites or any Third-Party Content does not imply approval or endorsement thereof by us.
If you decide to leave the Site and access the Third-Party Websites or to use or install any Third-Party Content, you do so at your own risk, and you should be aware these Terms of Use no longer govern.
You should review the applicable terms and policies, including privacy and data gathering practices, of any website to which you navigate from the Site or relating to any applications you use or install from the Site.
Any purchases you make through Third-Party Websites will be through other websites and from other companies, and we take no responsibility whatsoever in relation to such purchases which are exclusively between you and the applicable third party.
You agree and acknowledge that we do not endorse the products or services offered on Third-Party Websites and you shall hold us harmless from any harm caused by your purchase of such products or services.
Additionally, you shall hold us harmless from any losses sustained by you or harm caused to you relating to or resulting in any way from any Third-Party Content or any contact with Third-Party Websites.
<br>
<br>
<strong>ADVERTISERS</strong>
<br> We allow advertisers to display their advertisements and other information in certain areas of the Site, such as sidebar advertisements or banner advertisements.
If you are an advertiser, you shall take full responsibility for any advertisements you place on the Site and any services provided on the Site or products sold through those advertisements.
Further, as an advertiser, you warrant and represent that you possess all rights and authority to place advertisements on the Site, including, but not limited to, intellectual property rights, publicity rights, and contractual rights.
We simply provide the space to place such advertisements, and we have no other relationship with advertisers.
<br>
<br>
<strong>SITE MANAGEMENT</strong>
<br> We reserve the right, but not the obligation, to: (1) monitor the Site for violations of these Terms of Use.
(2) take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms of Use, including without limitation, reporting such user to law enforcement authorities.
(3) in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Contributions or any portion thereof.
(4) in our sole discretion and without limitation, notice, or liability, to remove from the Site or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems.
and (5) otherwise manage the Site in a manner designed to protect our rights and property and to facilitate the proper functioning of the Site.
<br>
<br>
<strong>PRIVACY POLICY</strong>
<br> We care about data privacy and security. By using the Site, you agree to be bound by our Privacy Policy posted on the Site, which is incorporated into these Terms of Use.
Please be advised the Site is hosted in the United States .
If you access the Site from any other region of the world with laws or other requirements governing personal data collection, use, or disclosure that differ from applicable laws in the United States , then through your continued use of the Site, you are transferring your data to the United States , and you agree to have your data transferred to and processed in the United States .
<br>
<br>
<strong>TERM AND TERMINATION</strong>
<br> These Terms of Use shall remain in full force and effect while you use the Site.
WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS OF USE, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SITE (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE TERMS OF USE OR OF ANY APPLICABLE LAW OR REGULATION.
WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SITE OR DELETE YOUR ACCOUNT AND .
ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION.
<br> If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party.
In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.
<br>
<br>
<strong>MODIFICATIONS AND INTERRUPTIONS</strong>
<br> We reserve the right to change, modify, or remove the contents of the Site at any time or for any reason at our sole discretion without notice.
However, we have no obligation to update any information on our Site.
We also reserve the right to modify or discontinue all or part of the Site without notice at any time.
We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Site.
 .
<br> We cannot guarantee the Site will be available at all times.
We may experience hardware, software, or other problems or need to perform maintenance related to the Site, resulting in interruptions, delays, or errors.
We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Site at any time or for any reason without notice to you.
You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Site during any downtime or discontinuance of the Site.
Nothing in these Terms of Use will be construed to obligate us to maintain and support the Site or to supply any corrections, updates, or releases in connection therewith.
<br>
<br>
<strong>GOVERNING LAW</strong>
<br> These Terms of Use and your use of the Site are governed by and construed in accordance with the laws of the State of Illinois applicable to agreements made and to be entirely performed within  .
the State of Illinois , without regard to its conflict of law principles.
<br>
<br>
<strong>DISPUTE RESOLUTION</strong>
<br>
<strong>Informal Negotiations</strong>
<br> To expedite resolution and control the cost of any dispute, controversy, or claim related to these Terms of Use (each "Dispute" and collectively, the “Disputes”) brought by either you or us (individually, a “Party” and collectively, the “Parties”), the Parties agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below) informally for at least thirty (30) days before initiating arbitration.
Such informal negotiations commence upon written notice from one Party to the other Party.
<br>
<strong>Binding Arbitration</strong>
<br> If the Parties are unable to resolve a Dispute through informal negotiations, the Dispute (except those Disputes expressly excluded below) will be finally and exclusively resolved through binding arbitration.
YOU UNDERSTAND THAT WITHOUT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL.
The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association ("AAA") and, where appropriate, the AAA’s Supplementary Procedures for Consumer Related Disputes ("AAA Consumer Rules"), both of which are available at the AAA website: www.adr.org .
Your arbitration fees and your share of arbitrator compensation shall be governed by the AAA Consumer Rules and, where appropriate, limited by the AAA Consumer Rules.
If such costs are determined by the arbitrator to be excessive, we will pay all arbitration fees and expenses. .
The arbitration may be conducted in person, through the submission of documents, by phone, or online.
The arbitrator will make a decision in writing, but need not provide a statement of reasons unless requested by either Party.
The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so.
Except where otherwise required by the applicable AAA rules or applicable law, the arbitration will take place in Illinois .
Except as otherwise provided herein, the Parties may litigate in court to compel arbitration, stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator. .
 .
 .
 .
<br> If for any reason, a Dispute proceeds in court rather than arbitration, the Dispute shall be commenced or prosecuted in the state and federal courts located in Illinois , and the Parties hereby consent to, and waive all defenses of lack of personal jurisdiction, and forum non conveniens with respect to venue and jurisdiction in such state and federal courts .
Application of the United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transaction Act (UCITA) is excluded from these Terms of Use.
<br> In no event shall any Dispute brought by either Party related in any way to the Site be commenced more than one (1) years after the cause of action arose. .
If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable, and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.
<br>
<strong>Restrictions</strong>
<br> The Parties agree that any arbitration shall be limited to the Dispute between the Parties individually.
To the full extent permitted by law, (a) no arbitration shall be joined with any other proceeding.
(b) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures.
and (c) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.
<br>
<strong>Exceptions to Informal Negotiations and Arbitration</strong>
<br> The Parties agree that the following Disputes are not subject to the above provisions concerning informal negotiations and binding arbitration: (a) any Disputes seeking to enforce or protect, or concerning the validity of, any of the intellectual property rights of a Party.
(b) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use.
and (c) any claim for injunctive relief.
If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.
<br>
<br>
<strong>CORRECTIONS</strong>
<br> There may be information on the Site that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information.
We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Site at any time, without prior notice.
<br>
<br>
<strong>DISCLAIMER</strong>
<br> THE SITE IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS.
YOU AGREE THAT YOUR USE OF THE SITE AND OUR SERVICES WILL BE AT YOUR SOLE RISK.
TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SITE’S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THE SITE AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE.
WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITE, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
<br>
<br>
<strong>LIMITATIONS OF LIABILITY</strong>
<br> IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
<br>
<br>
<strong>INDEMNIFICATION</strong>
<br> You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: (1) your Contributions; .
(2) use of the Site.
(3) breach of these Terms of Use.
(4) any breach of your representations and warranties set forth in these Terms of Use.
(5) your violation of the rights of a third party, including but not limited to intellectual property rights.
or (6) any overt harmful act toward any other user of the Site with whom you connected via the Site.
Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims.
We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.
<br>
<br>
<strong>USER DATA</strong>
<br> We will maintain certain data that you transmit to the Site for the purpose of managing the performance of the Site, as well as data relating to your use of the Site.
Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Site.
You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.
<br>
<br>
<strong>ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES</strong>
<br> Visiting the Site, sending us emails, and completing online forms constitute electronic communications.
You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communication be in writing.
YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SITE.
You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means. .
<br>
<br>
<strong>MISCELLANEOUS</strong>
<br> These Terms of Use and any policies or operating rules posted by us on the Site or in respect to the Site constitute the entire agreement and understanding between you and us.
Our failure to exercise or enforce any right or provision of these Terms of Use shall not operate as a waiver of such right or provision.
These Terms of Use operate to the fullest extent permissible by law.
We may assign any or all of our rights and obligations to others at any time.
We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control.
If any provision or part of a provision of these Terms of Use is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms of Use and does not affect the validity and enforceability of any remaining provisions.
There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Terms of Use or use of the Site.
You agree that these Terms of Use will not be construed against us by virtue of having drafted them.
You hereby waive any and all defenses you may have based on the electronic form of these Terms of Use and the lack of signing by the parties hereto to execute these Terms of Use.
<br>
<br>
<strong>CONTACT US </strong>
<br> In order to resolve a complaint regarding the Site or to receive further information regarding use of the Site, please contact us at: .
<br>
<strong>Team SDS LLC</strong>
<strong>
</strong>
<strong> __________ </strong>
<strong>
</strong>
<strong>Phone: </strong>
<strong> __________ </strong>
<strong>
</strong>
<strong>contact@teamsds.net</strong>
<br> These terms of use were created using Termly’s Terms and Conditions Generator.
- "<strong> TERMS OF USE AND PRIVACY POLICY </strong>\n<br>\n<strong>Last updated
June 26, 2022</strong>\n<br>\n<br>\n<br>\n<strong>AGREEMENT TO TERMS</strong>\n<br>
These Terms of Use constitute a legally binding agreement made between you, whether
personally or on behalf of an entity (“you”) and Team SDS LLC (\" <strong>Company</strong>
,\" “<strong>we</strong>,\" “<strong>us</strong>,\" or “<strong>our</strong>”),
concerning your access to and use of the https://teamsds.net website as well as
any other media form, media channel, mobile website or mobile application related,
linked, or otherwise connected thereto (collectively, the “Site”).\nYou agree that
by accessing the Site, you have read, understood, and agreed to be bound by all
of these Terms of Use.\nIF YOU DO NOT AGREE WITH ALL OF THESE TERMS OF USE, THEN
YOU ARE EXPRESSLY PROHIBITED FROM USING THE SITE AND YOU MUST DISCONTINUE USE IMMEDIATELY.\n<br>
Supplemental terms and conditions or documents that may be posted on the Site from
time to time are hereby expressly incorporated herein by reference.\nWe reserve
the right, in our sole discretion, to make changes or modifications to these Terms
of Use from time to time.\nWe will alert you about any changes by updating the “Last
updated” date of these Terms of Use, and you waive any right to receive specific
notice of each such change.\nPlease ensure that you check the applicable Terms every
time you use our Site so that you understand which Terms apply.\nYou will be subject
to, and will be deemed to have been made aware of and to have accepted, the changes
in any revised Terms of Use by your continued use of the Site after the date such
revised Terms of Use are posted.\n<br> The information provided on the Site is not
intended for distribution to or use by any person or entity in any jurisdiction
or country where such distribution or use would be contrary to law or regulation
or which would subject us to any registration requirement within such jurisdiction
or country.\nAccordingly, those persons who choose to access the Site from other
locations do so on their own initiative and are solely responsible for compliance
with local laws, if and to the extent local laws are applicable.\n<br> The Site
is intended for users who are at least 18 years old.\nPersons under the age of 18
are not permitted to use or register for the Site.\n .\n<br>\n<br>\n<strong>INTELLECTUAL
PROPERTY RIGHTS</strong>\n<br> Unless otherwise indicated, the Site is our proprietary
property and all source code, databases, functionality, software, website designs,
audio, video, text, photographs, and graphics on the Site (collectively, the “Content”)
and the trademarks, service marks, and logos contained therein (the “Marks”) are
owned or controlled by us or licensed to us, and are protected by copyright and
trademark laws and various other intellectual property rights and unfair competition
laws of the United States, international copyright laws, and international conventions.\nThe
Content and the Marks are provided on the Site “AS IS” for your information and
personal use only.\nExcept as expressly provided in these Terms of Use, no part
of the Site and no Content or Marks may be copied, reproduced, aggregated, republished,
uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed,
sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without
our express prior written permission.\n<br> Provided that you are eligible to use
the Site, you are granted a limited license to access and use the Site and to download
or print a copy of any portion of the Content to which you have properly gained
access solely for your personal, non-commercial use.\nWe reserve all rights not
expressly granted to you in and to the Site, the Content and the Marks.\n<br>\n<br>\n<strong>USER
REPRESENTATIONS</strong>\n<br> By using the Site, you represent and warrant that:
(1) all registration information you submit will be true, accurate, current, and
complete.\n(2) you will maintain the accuracy of such information and promptly update
such registration information as necessary .\n .\n(3) you have the legal capacity
and you agree to comply with these Terms of Use.\n (4) you are not a minor
in the jurisdiction in which you reside .\n(5) you will not access the Site through
automated or non-human means, whether through a bot, script, or otherwise.\n(6)
you will not use the Site for any illegal or unauthorized purpose.\nand (7) your
use of the Site will not violate any applicable law or regulation.\n<br> If you
provide any information that is untrue, inaccurate, not current, or incomplete,
we have the right to suspend or terminate your account and refuse any and all current
or future use of the Site (or any portion thereof).\n<br>\n<br>\n<strong>USER REGISTRATION</strong>\n<br>
You may be required to register with the Site.\nYou agree to keep your password
confidential and will be responsible for all use of your account and password.\nWe
reserve the right to remove, reclaim, or change a username you select if we determine,
in our sole discretion, that such username is inappropriate, obscene, or otherwise
objectionable.\n<br>\n<br>\n<strong>PROHIBITED ACTIVITIES</strong>\n<br> You may
not access or use the Site for any purpose other than that for which we make the
Site available.\nThe Site may not be used in connection with any commercial endeavors
except those that are specifically endorsed or approved by us.\n<br> As a user of
the Site, you agree not to: <br> 1 . Systematically retrieve data or other
content from the Site to create or compile, directly or indirectly, a collection,
compilation, database, or directory without written permission from us.\n2 .\nTrick,
defraud, or mislead us and other users, especially in any attempt to learn sensitive
account information such as user passwords.\n3 .\nCircumvent, disable, or otherwise
interfere with security-related features of the Site, including features that prevent
or restrict the use or copying of any Content or enforce limitations on the use
of the Site and/or the Content contained therein.\n4 .\nDisparage, tarnish, or otherwise
harm, in our opinion, us and/or the Site.\n5 .\nUse any information obtained from
the Site in order to harass, abuse, or harm another person.\n6 .\nMake improper
use of our support services or submit false reports of abuse or misconduct.\n7 .\nUse
the Site in a manner inconsistent with any applicable laws or regulations.\n8 .\nEngage
in unauthorized framing of or linking to the Site.\n9 .\nUpload or transmit (or
attempt to upload or to transmit) viruses, Trojan horses, or other material, including
excessive use of capital letters and spamming (continuous posting of repetitive
text), that interferes with any party’s uninterrupted use and enjoyment of the Site
or modifies, impairs, disrupts, alters, or interferes with the use, features, functions,
operation, or maintenance of the Site.\n10 .\nEngage in any automated use of the
system, such as using scripts to send comments or messages, or using any data mining,
robots, or similar data gathering and extraction tools.\n11 .\nDelete the copyright
or other proprietary rights notice from any Content.\n12 .\nAttempt to impersonate
another user or person or use the username of another user.\n13 .\nUpload or transmit
(or attempt to upload or to transmit) any material that acts as a passive or active
information collection or transmission mechanism, including without limitation,
clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or other
similar devices (sometimes referred to as “spyware” or “passive collection mechanisms”
or “pcms”).\n14 .\nInterfere with, disrupt, or create an undue burden on the Site
or the networks or services connected to the Site.\n15 .\nHarass, annoy, intimidate,
or threaten any of our employees or agents engaged in providing any portion of the
Site to you.\n16 .\nAttempt to bypass any measures of the Site designed to prevent
or restrict access to the Site, or any portion of the Site.\n17 .\nCopy or adapt
the Site’s software, including but not limited to Flash, PHP, HTML, JavaScript,
or other code.\n18 .\nExcept as permitted by applicable law, decipher, decompile,
disassemble, or reverse engineer any of the software comprising or in any way making
up a part of the Site.\n19 .\nExcept as may be the result of standard search
engine or Internet browser usage, use, launch, develop, or distribute any automated
system, including without limitation, any spider, robot, cheat utility, scraper,
or offline reader that accesses the Site, or using or launching any unauthorized
script or other software.\n20 .\nUse a buying agent or purchasing agent to make
purchases on the Site.\n21 .\nMake any unauthorized use of the Site, including collecting
usernames and/or email addresses of users by electronic or other means for the purpose
of sending unsolicited email, or creating user accounts by automated means or under
false pretenses.Don’t use any kind of software, device or method (whether it’s manual
or automated) to “crawl”, “spider” or otherwise remove any content from any part
of the Site or Services.\nDon’t use any kind of software, device or method (whether
it’s manual or automated) to “crawl”, “spider” or otherwise remove any content from
any part of the Site or Services.\n22 .\nUse the Site as part of any effort to compete
with us or otherwise use the Site and/or the Content for any revenue-generating
endeavor or commercial enterprise.\n23 .\nUse the Site to advertise or offer to
sell goods and services.\n24 .\nSell or otherwise transfer your profile.\n<br>\n<br>\n<strong>USER
GENERATED CONTRIBUTIONS</strong> .\n<br> The Site may invite you to chat, contribute
to, or participate in blogs, message boards, online forums, and other functionality,
and may provide you with the opportunity to create, submit, post, display, transmit,
perform, publish, distribute, or broadcast content and materials to us or on the
Site, including but not limited to text, writings, video, audio, photographs, graphics,
comments, suggestions, or personal information or other material (collectively,
\"Contributions\").\nContributions may be viewable by other users of the Site and
through third-party websites.\nAs such, any Contributions you transmit may be treated
as non-confidential and non-proprietary.\nWhen you create or make available any
Contributions, you thereby represent and warrant that: <br> 1.\n The creation,
distribution, transmission, public display, or performance, and the accessing, downloading,
or copying of your Contributions do not and will not infringe the proprietary rights,
including but not limited to the copyright, patent, trademark, trade secret, or
moral rights of any third party.<br>2.\n You are the creator and owner of or
have the necessary licenses, rights, consents, releases, and permissions to use
and to authorize us, the Site, and other users of the Site to use your Contributions
in any manner contemplated by the Site and these Terms of Use.<br>3.\n You
have the written consent, release, and/or permission of each and every identifiable
individual person in your Contributions to use the name or likeness of each and
every such identifiable individual person to enable inclusion and use of your Contributions
in any manner contemplated by the Site and these Terms of Use.<br>4.\n Your
Contributions are not false, inaccurate, or misleading.<br>5.\n Your Contributions
are not unsolicited or unauthorized advertising, promotional materials, pyramid
schemes, chain letters, spam, mass mailings, or other forms of solicitation.<br>6.\n Your
Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libelous,
slanderous, or otherwise objectionable (as determined by us).<br>7.\n Your
Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.<br>8.\n Your
Contributions are not used to harass or threaten (in the legal sense of those terms)
any other person and to promote violence against a specific person or class of people.<br>9.\n Your
Contributions do not violate any applicable law, regulation, or rule.<br>10.\n Your
Contributions do not violate the privacy or publicity rights of any third party.<br>11.\n Your
Contributions do not violate any applicable law concerning child pornography, or
otherwise intended to protect the health or well-being of minors.<br>12.\n Your
Contributions do not include any offensive comments that are connected to race,
national origin, gender, sexual preference, or physical handicap.<br>13.\n Your
Contributions do not otherwise violate, or link to material that violates, any provision
of these Terms of Use, or any applicable law or regulation.\n<br> Any use of the
Site in violation of the foregoing violates these Terms of Use and may result in,
among other things, termination or suspension of your rights to use the Site.\n<br>\n<br>\n<strong>CONTRIBUTION
LICENSE</strong>\n<br> By posting your Contributions to any part of the Site , you
automatically grant, and you represent and warrant that you have the right to grant,
to us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable,
royalty-free, fully-paid, worldwide right, and license to host, use, copy, reproduce,
disclose, sell, resell, publish, broadcast, retitle, archive, store, cache, publicly
perform, publicly display, reformat, translate, transmit, excerpt (in whole or in
part), and distribute such Contributions (including, without limitation, your image
and voice) for any purpose, commercial, advertising, or otherwise, and to prepare
derivative works of, or incorporate into other works, such Contributions, and grant
and authorize sublicenses of the foregoing.\nThe use and distribution may occur
in any media formats and through any media channels.\n<br> This license will apply
to any form, media, or technology now known or hereafter developed, and includes
our use of your name, company name, and franchise name, as applicable, and any of
the trademarks, service marks, trade names, logos, and personal and commercial images
you provide.\n<br> We do not assert any ownership over your Contributions.\nYou
retain full ownership of all of your Contributions and any intellectual property
rights or other proprietary rights associated with your Contributions.\nWe are not
liable for any statements or representations in your Contributions provided by you
in any area on the Site.\nYou are solely responsible for your Contributions to the
Site and you expressly agree to exonerate us from any and all responsibility and
to refrain from any legal action against us regarding your Contributions.\n .\n<br>
We have the right, in our sole and absolute discretion, (1) to edit, redact, or
otherwise change any Contributions.\n(2) to re-categorize any Contributions to place
them in more appropriate locations on the Site.\nand (3) to pre-screen or delete
any Contributions at any time and for any reason, without notice.\nWe have no obligation
to monitor your Contributions.\n<br>\n<br>\n<strong>SUBMISSIONS</strong>\n<br> You
acknowledge and agree that any questions, comments, suggestions, ideas, feedback,
or other information regarding the Site (\"Submissions\") provided by you to us
are non-confidential and shall become our sole property.\nWe shall own exclusive
rights, including all intellectual property rights, and shall be entitled to the
unrestricted use and dissemination of these Submissions for any lawful purpose,
commercial or otherwise, without acknowledgment or compensation to you.\nYou agree
there shall be no recourse against us for any alleged or actual infringement or
misappropriation of any proprietary right in your Submissions.\nUser will not engage
in activity that violates the privacy of others.\nAny feedback, comments, or suggestions
you may provide regarding Team SDS, or the Services is entirely voluntary and we
will be free to use such feedback, comments or suggestions as we see fit and without
any obligation to you.\n<br>\n<br>\n<strong>THIRD-PARTY WEBSITE AND CONTENT</strong>\n<br>
The Site may contain (or you may be sent via the Site) links to other websites (\"Third-Party
Websites\") as well as articles, photographs, text, graphics, pictures, designs,
music, sound, video, information, applications, software, and other content or items
belonging to or originating from third parties (\"Third-Party Content\").\nSuch
Third-Party Websites and Third-Party Content are not investigated, monitored, or
checked for accuracy, appropriateness, or completeness by us, and we are not responsible
for any Third-Party Websites accessed through the Site or any Third-Party Content
posted on, available through, or installed from the Site, including the content,
accuracy, offensiveness, opinions, reliability, privacy practices, or other policies
of or contained in the Third-Party Websites or the Third-Party Content.\nInclusion
of, linking to, or permitting the use or installation of any Third-Party Websites
or any Third-Party Content does not imply approval or endorsement thereof by us.\nIf
you decide to leave the Site and access the Third-Party Websites or to use or install
any Third-Party Content, you do so at your own risk, and you should be aware these
Terms of Use no longer govern.\nYou should review the applicable terms and policies,
including privacy and data gathering practices, of any website to which you navigate
from the Site or relating to any applications you use or install from the Site.\nAny
purchases you make through Third-Party Websites will be through other websites and
from other companies, and we take no responsibility whatsoever in relation to such
purchases which are exclusively between you and the applicable third party.\nYou
agree and acknowledge that we do not endorse the products or services offered on
Third-Party Websites and you shall hold us harmless from any harm caused by your
purchase of such products or services.\nAdditionally, you shall hold us harmless
from any losses sustained by you or harm caused to you relating to or resulting
in any way from any Third-Party Content or any contact with Third-Party Websites.\n<br>\n<br>\n<strong>SITE
MANAGEMENT</strong>\n<br> We reserve the right, but not the obligation, to: (1)
monitor the Site for violations of these Terms of Use.\n(2) take appropriate legal
action against anyone who, in our sole discretion, violates the law or these Terms
of Use, including without limitation, reporting such user to law enforcement authorities.\n(3)
in our sole discretion and without limitation, refuse, restrict access to, limit
the availability of, or disable (to the extent technologically feasible) any of
your Contributions or any portion thereof.\n(4) in our sole discretion and without
limitation, notice, or liability, to remove from the Site or otherwise disable all
files and content that are excessive in size or are in any way burdensome to our
systems.\nand (5) otherwise manage the Site in a manner designed to protect our
rights and property and to facilitate the proper functioning of the Site.\n<br>\n<br>\n<strong>PRIVACY
POLICY</strong>\n<br> We care about data privacy and security. By using the
Site, you agree to be bound by our Privacy Policy posted on the Site, which is incorporated
into these Terms of Use.\nPlease be advised the Site is hosted in the United States
.\nIf you access the Site from any other region of the world with laws or other
requirements governing personal data collection, use, or disclosure that differ
from applicable laws in the United States , then through your continued use of the
Site, you are transferring your data to the United States , and you agree to have
your data transferred to and processed in the United States .\n<br>\n<br>\n<strong>TERM
AND TERMINATION</strong>\n<br> These Terms of Use shall remain in full force and
effect while you use the Site.\nWITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS
OF USE, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY,
DENY ACCESS TO AND USE OF THE SITE (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO
ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH
OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE TERMS OF USE OR
OF ANY APPLICABLE LAW OR REGULATION.\nWE MAY TERMINATE YOUR USE OR PARTICIPATION
IN THE SITE OR DELETE YOUR ACCOUNT AND .\nANY CONTENT OR INFORMATION THAT YOU
POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION.\n<br> If we terminate
or suspend your account for any reason, you are prohibited from registering and
creating a new account under your name, a fake or borrowed name, or the name of
any third party, even if you may be acting on behalf of the third party.\nIn addition
to terminating or suspending your account, we reserve the right to take appropriate
legal action, including without limitation pursuing civil, criminal, and injunctive
redress.IF YOU HAVE BEEN FOUND IN VIOLATION OF THIS AGREEMENT, WE RESERVE THE RIGHT,
IN OUR SOLE DISCRETION AND AT ANY TIME, TO LIMIT, SUSPEND, MODIFY OR TERMINATE ACCOUNTS
OR ACCESS TO SERVICES OR ANY PORTION THEREFOR.\n<br>\n<br>\n<strong>MODIFICATIONS
AND INTERRUPTIONS</strong>\n<br> We reserve the right to change, modify, or remove
the contents of the Site at any time or for any reason at our sole discretion without
notice.\nHowever, we have no obligation to update any information on our Site.\nWe
also reserve the right to modify or discontinue all or part of the Site without
notice at any time.\nWe will not be liable to you or any third party for any modification,
price change, suspension, or discontinuance of the Site.\n .\n<br> We cannot
guarantee the Site will be available at all times.\nWe may experience hardware,
software, or other problems or need to perform maintenance related to the Site,
resulting in interruptions, delays, or errors.\nWe reserve the right to change,
revise, update, suspend, discontinue, or otherwise modify the Site at any time or
for any reason without notice to you.\nYou agree that we have no liability whatsoever
for any loss, damage, or inconvenience caused by your inability to access or use
the Site during any downtime or discontinuance of the Site.\nNothing in these Terms
of Use will be construed to obligate us to maintain and support the Site or to supply
any corrections, updates, or releases in connection therewith.\n<br>\n<br>\n<strong>GOVERNING
LAW</strong>\n<br> These Terms of Use and your use of the Site are governed by and
construed in accordance with the laws of the State of Illinois applicable to agreements
made and to be entirely performed within .\nthe State of Illinois , without
regard to its conflict of law principles.\nIf you are a European Union resident,
the <strong>General Data Protection Regulation </strong>provides certain rights
to you with respect to your personal data.\n<br>\n<br>\n<strong>DISPUTE RESOLUTION</strong>\n<br>\n<strong>Informal
Negotiations</strong>\n<br> To expedite resolution and control the cost of any dispute,
controversy, or claim related to these Terms of Use (each \"Dispute\" and collectively,
the “Disputes”) brought by either you or us (individually, a “Party” and collectively,
the “Parties”), the Parties agree to first attempt to negotiate any Dispute (except
those Disputes expressly provided below) informally for at least thirty (30) days
before initiating arbitration.\nSuch informal negotiations commence upon written
notice from one Party to the other Party.\n<br>\n<strong>Binding Arbitration</strong>\n<br>
If the Parties are unable to resolve a Dispute through informal negotiations, the
Dispute (except those Disputes expressly excluded below) will be finally and exclusively
resolved through binding arbitration.\nYOU UNDERSTAND THAT WITHOUT THIS PROVISION,
YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL.\nThe arbitration
shall be commenced and conducted under the Commercial Arbitration Rules of the American
Arbitration Association (\"AAA\") and, where appropriate, the AAA’s Supplementary
Procedures for Consumer Related Disputes (\"AAA Consumer Rules\"), both of which
are available at the AAA website: www.adr.org .\nYour arbitration fees and
your share of arbitrator compensation shall be governed by the AAA Consumer Rules
and, where appropriate, limited by the AAA Consumer Rules.\nIf such costs are determined
by the arbitrator to be excessive, we will pay all arbitration fees and expenses. .\nThe
arbitration may be conducted in person, through the submission of documents, by
phone, or online.\nThe arbitrator will make a decision in writing, but need not
provide a statement of reasons unless requested by either Party.\nThe arbitrator
must follow applicable law, and any award may be challenged if the arbitrator fails
to do so.\nExcept where otherwise required by the applicable AAA rules or applicable
law, the arbitration will take place in Illinois .\nExcept as otherwise provided
herein, the Parties may litigate in court to compel arbitration, stay proceedings
pending arbitration, or to confirm, modify, vacate, or enter judgment on the award
entered by the arbitrator. .\n .\n .\n .\n<br> If
for any reason, a Dispute proceeds in court rather than arbitration, the Dispute
shall be commenced or prosecuted in the state and federal courts located in Illinois
, and the Parties hereby consent to, and waive all defenses of lack of personal
jurisdiction, and forum non conveniens with respect to venue and jurisdiction in
such state and federal courts .\nApplication of the United Nations Convention on
Contracts for the International Sale of Goods and the Uniform Computer Information
Transaction Act (UCITA) is excluded from these Terms of Use.\n<br> In no event shall
any Dispute brought by either Party related in any way to the Site be commenced
more than one (1) years after the cause of action arose. .\nIf this provision
is found to be illegal or unenforceable, then neither Party will elect to arbitrate
any Dispute falling within that portion of this provision found to be illegal or
unenforceable, and such Dispute shall be decided by a court of competent jurisdiction
within the courts listed for jurisdiction above, and the Parties agree to submit
to the personal jurisdiction of that court.\n<br>\n<strong>Restrictions</strong>\n<br>
The Parties agree that any arbitration shall be limited to the Dispute between the
Parties individually.\nTo the full extent permitted by law, (a) no arbitration shall
be joined with any other proceeding.\n(b) there is no right or authority for any
Dispute to be arbitrated on a class-action basis or to utilize class action procedures.\nand
(c) there is no right or authority for any Dispute to be brought in a purported
representative capacity on behalf of the general public or any other persons.\n<br>\n<strong>Exceptions
to Informal Negotiations and Arbitration</strong>\n<br> The Parties agree that the
following Disputes are not subject to the above provisions concerning informal negotiations
and binding arbitration: (a) any Disputes seeking to enforce or protect, or concerning
the validity of, any of the intellectual property rights of a Party.\n(b) any Dispute
related to, or arising from, allegations of theft, piracy, invasion of privacy,
or unauthorized use.\nand (c) any claim for injunctive relief.\nIf this provision
is found to be illegal or unenforceable, then neither Party will elect to arbitrate
any Dispute falling within that portion of this provision found to be illegal or
unenforceable and such Dispute shall be decided by a court of competent jurisdiction
within the courts listed for jurisdiction above, and the Parties agree to submit
to the personal jurisdiction of that court.\n<br>\n<br>\n<strong>CORRECTIONS</strong>\n<br>
There may be information on the Site that contains typographical errors, inaccuracies,
or omissions, including descriptions, pricing, availability, and various other information.\nWe
reserve the right to correct any errors, inaccuracies, or omissions and to change
or update the information on the Site at any time, without prior notice.\n<br>\n<br>\n<strong>DISCLAIMER</strong>\n<br>
THE SITE IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS.\nYOU AGREE THAT YOUR USE
OF THE SITE AND OUR SERVICES WILL BE AT YOUR SOLE RISK.\nTO THE FULLEST EXTENT PERMITTED
BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE
AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.\nWE MAKE NO WARRANTIES OR
REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SITE’S CONTENT OR THE
CONTENT OF ANY WEBSITES LINKED TO THE SITE AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY
FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL
INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS
TO AND USE OF THE SITE, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS
AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN,
(4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE, (5) ANY BUGS,
VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE
BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS
OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT
POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE.\nWE DO NOT WARRANT,
ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED
OR OFFERED BY A THIRD PARTY THROUGH THE SITE, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE
OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT
BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN
YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.\nAS WITH THE PURCHASE
OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE
YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.\n<br>\n<br>\n<strong>LIMITATIONS
OF LIABILITY</strong>\n<br> IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR
AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL,
EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST
REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SITE, EVEN
IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.\n<br>\n<br>\n<strong>INDEMNIFICATION</strong>\n<br>
You agree to defend, indemnify, and hold us harmless, including our subsidiaries,
affiliates, and all of our respective officers, agents, partners, and employees,
from and against any loss, damage, liability, claim, or demand, including reasonable
attorneys’ fees and expenses, made by any third party due to or arising out of:
(1) your Contributions; .\n(2) use of the Site.\n(3) breach of these Terms
of Use(4).In the event we learn of a breach of personally identifying information
that users have submitted to the Service, we will notify affected users as soon
as practicable.\n(5) any breach of your representations and warranties set forth
in these Terms of Use.\n(6) your violation of the rights of a third party, including
but not limited to intellectual property rights.\nor (7) any overt harmful act toward
any other user of the Site with whom you connected via the Site.\nNotwithstanding
the foregoing, we reserve the right, at your expense, to assume the exclusive defense
and control of any matter for which you are required to indemnify us, and you agree
to cooperate, at your expense, with our defense of such claims.\nWe will use reasonable
efforts to notify you of any such claim, action, or proceeding which is subject
to this indemnification upon becoming aware of it.\n<br>\n<br>\n<strong>USER DATA</strong>\n<br>
We will maintain certain data that you transmit to the Site for the purpose of managing
the performance of the Site, as well as data relating to your use of the Site.\nAlthough
we perform regular routine backups of data, you are solely responsible for all data
that you transmit or that relates to any activity you have undertaken using the
Site.\nYou agree that we shall have no liability to you for any loss or corruption
of any such data, and you hereby waive any right of action against us arising from
any such loss or corruption of such data.\nLet us be clear - we do not rent, sell
or trade your Personal Information.\n<br>\n<br>\n<strong>ELECTRONIC COMMUNICATIONS,
TRANSACTIONS, AND SIGNATURES</strong>\n<br> Visiting the Site, sending us emails,
and completing online forms constitute electronic communications.\nYou consent to
receive electronic communications, and you agree that all agreements, notices, disclosures,
and other communications we provide to you electronically, via email and on the
Site, satisfy any legal requirement that such communication be in writing.\nYOU
HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS,
AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED
OR COMPLETED BY US OR VIA THE SITE.\nYou hereby waive any rights or requirements
under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction
which require an original signature or delivery or retention of non-electronic records,
or to payments or the granting of credits by any means other than electronic means. .\n<br>\n<br>\n<strong>MISCELLANEOUS</strong>\n<br>
These Terms of Use and any policies or operating rules posted by us on the Site
or in respect to the Site constitute the entire agreement and understanding between
you and us.\nOur failure to exercise or enforce any right or provision of these
Terms of Use shall not operate as a waiver of such right or provision.\nThese Terms
of Use operate to the fullest extent permissible by law.\nWe may assign any or all
of our rights and obligations to others at any time.\nWe shall not be responsible
or liable for any loss, damage, delay, or failure to act caused by any cause beyond
our reasonable control.\nIf any provision or part of a provision of these Terms
of Use is determined to be unlawful, void, or unenforceable, that provision or part
of the provision is deemed severable from these Terms of Use and does not affect
the validity and enforceability of any remaining provisions.\nThere is no joint
venture, partnership, employment or agency relationship created between you and
us as a result of these Terms of Use or use of the Site.\nYou agree that these Terms
of Use will not be construed against us by virtue of having drafted them.\nYou hereby
waive any and all defenses you may have based on the electronic form of these Terms
of Use and the lack of signing by the parties hereto to execute these Terms of Use.\nThis
service does not collect, use, or share location data.\nFeel free to send feedback
to feedback@teamsds.net >We do not use any 3rd party tracking or analytics services.\nwe
do not attempt to track people who visit our website.\nIf we are involved in a reorganization,
merger, acquisition or sale of our assets, your personal data may be transferred
as part of that transaction.\nWe will notify you will be notified of any such deal
and outline your choices in that event, when applicable.\nYou are allowed to use
a pseudonym if you so choose.\nUse caution and good judgment before sharing personal
information in public areas of the Services.\nPrevious terms can be found here:
https://teamsds.net/pub/archive/terms.html <br>\n<br>\n<strong>CONTACT US </strong>\n<br>
In order to resolve a complaint regarding the Site or to receive further information
regarding use of the Site, please contact us at: .\n<br>\n<strong>Team SDS
LLC</strong>\n<strong>\n</strong>\n<strong>\n</strong>\n<strong>\n</strong>\n<strong>inquiries@teamsds.net</strong> "
updated_at:
- 2022-06-30 21:01:11.293242905 Z
- 2022-06-30 21:01:18.141811510 Z