TEAM Website Terms of Use

Acceptance of the Terms of Use

These website terms of use are entered into by and between you, on the one hand, and TEAM Professional Services, Inc. TPS Alert, LLC, and TEAM Background, LLC (collectively "the TEAM Companies," "we," or "us"), on the other hand. The following terms of use, together with any documents they expressly incorporate by reference (collectively, "Terms of Use"), govern your access to and use of the TEAM Companies’ websites, including any content, functionality, and services offered on or through teamprofessional.com and tpsalert.com (the "Website"), whether as a guest or a registered user. If you have completed the enrollment process and created a user account, you are also bound by the Terms of Service for TPS Alert Service (the “Terms of Service”), found at teamqualify.com/terms-of-service. If any provision of these Terms of Use conflicts with any term in the Terms of Service, the latter shall control.

Please read the Terms of Use carefully before you start to use the Website. By using the Website or by clicking to accept or agree to the Terms of Service, when this option is made available to you, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy, found at teamqualify.com/privacy-policy, incorporated herein by reference. If you do not want to agree to these Terms of Use or the Privacy Policy, you must not access or use the Website.

This Website is offered and available to users who are 18 years of age or older and reside in the United States or any of its territories or possessions. By using this Website, you represent and warrant that you are of legal age to form a binding contract with the TEAM Companies and meet all of the foregoing eligibility requirements. If you do not meet all these requirements, you must not access or use the Website.

Changes to the Terms of Use

We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them and apply to all access to and use of the Website thereafter. However, any changes to the dispute resolution provisions set out in Governing Law and Dispute Resolution will not apply to any disputes for which the parties have actual notice on or before the date the change is posted on the Website.

Your continued use of the Website following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page each time you access this Website so you are aware of any changes, as they are binding on you.

Accessing the Website and Account Security

We reserve the right to withdraw or amend this Website, and any service or material we provide on the Website, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website, to users, including registered users.

To access the Website or some of the resources or features it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Website that all the information you provide on the Website is correct, current, and complete. You agree that all information you provide to register with this Website or otherwise, including, but not limited to, through the use of any interactive features on the Website, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

If you choose, or are provided with, a username, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity who is not authorized to access those services or account features for which you are enrolled. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.

We have the right to disable any username, password, or other identifier, whether chosen by you or provided by us, at any time, if, in our opinion, you have violated any provision of these Terms of Use or, if applicable, the Terms of Service.

Content and Intellectual Property Rights

The Website and its entire contents, features, and functionality (including but not limited to all graphics, logos, information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned, controlled or licensed by or to one or more of the TEAM Companies, and are protected by trade dress, copyright, trademark, patent, trade secret, and/or other intellectual property or proprietary rights laws.

You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, copy, download, store, or transmit any of the material on our Website, except as authorized by these Terms of Use and, if applicable, the Terms of Service. No right, title, or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted are reserved by the TEAM Companies. Any use of the Website not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws.

Trademarks

The TEAM Companies’ names, the terms, policies, procedures, the TEAM Companies’ logo, and all related names, logos, product and service names, designs, and slogans are trademarks of the TEAM Companies or their affiliates or licensors. You must not use such marks without the prior written permission of the TEAM Companies. All other names, logos, product and service names, designs, and slogans on this Website are the trademarks of their respective owners.

Prohibited Uses

You may use the Website only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Website:

In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the United States or other countries).
To transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any "junk mail," "chain letter," "spam," or any other similar solicitation.
To impersonate or attempt to impersonate any of the TEAM Companies, an employee of one of the TEAM Companies, another user, or any other person or entity (including, without limitation, by using email addresses or screen names associated with any of the foregoing).
To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Website, or which, as determined by us, may harm any of the TEAM Companies or users of the Website, or expose them to liability.

Additionally, you agree not to:

Use the Website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party's use of the Website, including their ability to engage in real time activities through the Website.
Use any robot, spider, or other automatic device, process, or means to access the Website for any purpose, including monitoring or copying any of the material on the Website.
Use any manual process to monitor or copy any of the material on the Website, or for any other purpose not expressly authorized in these Terms of Use, without our prior written consent.
Use any device, software, or routine that interferes with the proper working of the Website.
Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer, or database connected to the Website.
Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.
Otherwise attempt to interfere with the proper working of the Website.

User Contributions and Data

The Website may contain message boards, forums, and other interactive features that allow users to post, submit, publish, display, or transmit to one of the TEAM Companies or other users content or materials (collectively, "User Contributions"), and, with respect to users who have completed the enrollment process and created a user account, to submit data, records and information (“User Data”) on or through the Website.

Any User Contribution you post to the site will be considered non-confidential and non-proprietary. By providing any User Contribution on the Website, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material.

You represent and warrant that:

You own or control all rights in and to the User Contributions and have the right to grant the license granted above to us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns.
All of your User Contributions do and will comply with these Terms of Use.

You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not any of the TEAM Companies, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness. You will also be responsible for the accuracy of all User Data transmitted through the Website, including submissions containing business information, account registration, account holder information, financial information, and all other data of any kind contained within emails or otherwise entered electronically through the Website under your account.

We are not responsible or liable to any third party for the content or accuracy of any User Contributions or User Data posted or submitted by you or any other user of the Website.

Privacy Policy

For information about how we collect, use and share information related to your use of the Website or our services, including our use and storage of information collected though “cookies” and other technologies to keep track of your interactions with the Website, please refer to our Privacy Policy.

Enrollment and Other Online Purchases

Enrollment for services provided by any of the TEAM Companies or other transactions for the sale of goods or services completed on or through the Website, or resulting from visits made by you, and the TEAM Companies’ limited refund policy for Website purchases are governed by our Terms of Service, which are incorporated into these Terms of Use. If there is a conflict between these Terms of Use and the Terms of Service applicable to a specific portion of the Website or any services offered on or through the Website, the latter terms shall control with respect to your use of that portion of the Website or the specific service.

The TEAM Companies may make changes to any products or services offered on the Website, or to the applicable prices for such products or services, at any time, without notice.

Links from the Website

If the Website contains links to other sites and resources provided by third parties, these links are provided for your convenience only. We have no control over the contents of those sites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

Geographic Restrictions

The owner of the Website is based in the State of Oklahoma in the United States. We make no claims that the Website or any of its content or features is accessible or appropriate outside of the United States. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws. Any offer for any feature, product or service made on the Website is void where prohibited. If you are a California resident, or if you are visiting this Website from the European Union, you have certain privacy rights detailed in the TEAM Companies’ Privacy Policy.

Disclaimer of Warranties

THE TEAM COMPANIES DO NOT PROMISE THAT THE WEBSITE OR ANY CONTENT, SERVICE OR FEATURE OF THE WEBSITE WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE WEBSITE WILL PROVIDE SPECIFIC RESULTS. EXCEPT AS MAY BE PROVIDED IN ANY TERMS OF SERVICE APPLICABLE TO SPECIFIC SERVICES OR WEBSITE FEATURES, YOUR USE OF THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE TEAM COMPANIES NOR ANY PERSON ASSOCIATED WITH THEM MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE TEAM COMPANIES NOR ANYONE ASSOCIATED WITH THEM REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Limitation on Liability

TO THE FULLEST EXTENT PROVIDED BYLAW, IN NO EVENT WILL THE COLLECTIVE LIABILITY OF THE TEAM COMPANIES AND THEIR AFFILIATES, AND THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS,OFFICERS, AND DIRECTORS, TO ANY PARTY (REGARDLESS OF THE FORM OF ACTION,WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED THE AMOUNT YOU HAVE PAID TO THE TEAM COMPANIES FOR THE APPLICABLE CONTENT, PRODUCT, OR SERVICE OUT OF WHICH LIABILITY AROSE.

The limitation of liability set out above does not apply to liability resulting from our gross negligence or willful misconduct.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Indemnification

You agree to defend, indemnify, and hold harmless the TEAM Companies, their affiliates, licensors, and service providers, and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms of Use or your use of the Website, including, but not limited to, your User Contributions and User Data, any use of the Website's content, services, and products other than as expressly authorized in these Terms of Use, or your use of any information obtained from the Website. You further agree to indemnify the TEAM Companies from and against any and all claims alleging that the User Contributions or User Data infringes the copyright or trademark or misappropriates the trade secrets of a third party, or violates any third party rights of privacy or other applicable law.

Governing Law and Dispute Resolution

All matters relating to the Website and these Terms of Use, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Oklahoma without giving effect to any choice or conflict of law provision or rule (whether of the State of Oklahoma or any other jurisdiction). If a dispute, controversy, claim, or difference (each a “Dispute”) arises with respect to these Terms of Use, or any breach thereof, that cannot be settled through correspondence or mutual consultation of the parties hereto forty-five (45) days from first written notification of such Dispute, such Dispute shall be resolved by means of binding arbitration before a single arbitrator selected by the agreement of the parties. In the absence of such an agreement, Dispute Resolution Consultants, Inc. (“DRC”) located in Tulsa, Oklahoma, shall appoint an arbitrator who is a practicing attorney or retired judge with at least five (5) years’ total working experience as such. The arbitrator shall conduct the arbitration in accordance with the Oklahoma Uniform Arbitration Act, Title 12 § 1851 et seq. (the “OUAA”), unless otherwise provided in the Terms of Service or agreed to by the parties. The arbitration shall be held in Tulsa, Oklahoma, or any other place agreed upon at the time by the Parties. If DRC does not then exist or for any reason cannot administer the arbitration, the arbitration shall be administered by an arbitrator appointed by the American Arbitration Association (“AAA”). Such arbitrator shall conduct the arbitration in accordance with the OUAA and the AAA Commercial Arbitration Rules.

Waiver and Severability

No waiver by the TEAM Companies of any term or condition set out in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the TEAM Companies to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

Entire Agreement

The Terms of Use, our Privacy Policy, and, if applicable, the Terms of Service, constitute the entire agreement between you and the TEAM Companies regarding the Website and the services or account features for which you have or may in the future be enrolled, and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect thereto.

Your Comments and Concerns

If you have any questions about these Terms of Use or the practices of this Website, please contact us at:

TEAM Companies Attn: Privacy Policy 8165 S Mingo Road, Suite 100 Tulsa, OK 74133

or via email [email protected].

This document was last updated on February 28th, 2024.