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TERMS

Terms of Service

Please read these Terms of Service (“Terms”, “Terms of Service”) carefully before using the website, www.teamfluent.com (the “Site”) operated by Teamfluent (“Teamfluent”, “we” or “our”).

Teamfluent provides via the Site an online learning processes organization platform through which users can access information and tutorials or upload their own training content and deliver it to their team (any and all of the foregoing, the "Services"). The Services include any other products and services offered by Teamfluent via the Site and Services.

These Terms of Service are a legal agreement between you and Teamfluent and apply to you whether you are a Subscriber (defined below) or a visitor just browsing the Site (either, a "Teamfluent User"). These Terms of Service govern your access to and use of the Site and the Services and any information or other materials that are posted, generated, provided or otherwise made available through the Services (collectively, "Content").

By accessing or using the Services you agree to be bound by these Terms. If you disagree with any part of the Terms then you may not access the Services.

Modification

Teamfluent reserves the right, at its sole discretion, to modify, discontinue or terminate the Site or Services or to modify these Terms of Service, at any time and without prior notice. If we modify these Terms of Service, we will post the modification on the Site or provide you with notice of the modification. We will also update the "Last Updated Date" at the top of this document. By continuing to access or use the Site or the Services after we have posted a modification on the Site or have provided you with notice of a modification, you are indicating that you agree to be bound by the modified Terms of Service. If the modified Terms of Service are not acceptable to you, your only recourse is to cease using the Site and the Services.

Eligibility

  1. In order to access certain features of the Site and Services, you must register to create an account ("Account") and become a "Subscriber".
  2. To become a Subscriber you must be at least 13 years of age and only Subscribers that are at least 18 years of age may purchase any Services offered through the Site.
  3. If you are not a Subscriber you may browse all areas of the Site or use the parts of the Services that are not limited to Subscribers only.
  4. You must be a human. Accounts registered by “bots” or other automated methods are not permitted.

Account Registration

  1. During the registration process, you will be required to provide certain information and you will establish a password.
  2. You agree to provide accurate, current and complete information during the registration process and to update such information to keep it accurate, current and complete. Teamfluent reserves the right to suspend or terminate your Account if any information provided during the registration process or thereafter proves to be inaccurate, not current or incomplete.
  3. You are responsible for safeguarding your password. You agree not to disclose your password to any third party and to take sole responsibility for any activities or actions under your Account.
  4. You will immediately notify Teamfluent of any unauthorized use of your Account.

Payment, Refunds, Upgrading and Downgrading Terms

  1. A valid credit card is required for paying accounts. Free accounts are not required to provide a credit card number.
  2. The Service is billed in advance on a monthly basis and is non-refundable. There will be no refunds or credits for partial months of service, upgrade/downgrade refunds, or refunds for months unused with an open account. In order to treat everyone equally, no exceptions will be made.
  3. All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties.
  4. For any upgrade or downgrade in plan level, your credit card that you provided will automatically be charged the new rate on your next billing cycle.
  5. Downgrading your Service may cause the loss of Content, features, or capacity of your Account. Teamfluent does not accept any liability for such loss.

Privacy

See Teamfluent's Privacy Policy at <link to Privacy Policy> for information and notices concerning Teamfluent's collection and use of your personal information.

Copyright and Content Ownership

  1. We claim no intellectual property rights over the material you provide to the Service. Your profile and materials uploaded remain yours.
  2. Teamfluent does not pre-screen Content, but Teamfluent and its designee have the right (but not the obligation) in their sole discretion to refuse or remove any Content that is available via the Service.
  1. All trademarks, service marks, logos, trade names and any other proprietary designations of Teamfluent used herein are trademarks or registered trademarks of Teamfluent.
  1. The look and feel of the Service is copyrighted. You may not duplicate, copy, or reuse any portion of the HTML/CSS, Javascript, or visual design elements or concepts without express written permission from Teamfluent.
  1. Any other trademarks, service marks, logos, trade names and any other proprietary designations are the trademarks or registered trademarks of their respective parties.

General Conditions

  1. You agree not to do any of the following:
    • Post, upload, publish, submit or transmit any text, graphics, images, software, music, audio, video, information or other material that: (i) infringes, misappropriates or violates a third party's patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any other person; or (vii) promotes illegal or harmful activities or substances.
    • Access, tamper with, or use non-public areas of the Site, Teamfluent's computer systems, or the technical delivery systems of Teamfluent's providers;
    • Attempt to probe, scan, or test the vulnerability of any Teamfluent system or network or breach any security or authentication measures;
    • Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by Teamfluent or any of Teamfluent's providers or any other third party (including another Subscriber) to protect the Site, Services or Content;
    • Attempt to access or search the Site, Services or Content or download Content from the Site or Services through the use of any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by Teamfluent or other generally available third party web browsers;
    • Send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters or other form of solicitation;
    • Use any meta tags or other hidden text or metadata utilizing a Teamfluent trademark, logo URL or product name without Teamfluent's express written consent;
    • Use the Site, Services or Content for any commercial purpose or the benefit of any third party or in any manner not permitted by these Terms of Service;
    • Forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Site, Services or Content to send altered, deceptive or false source-identifying information;
    • Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Site, Services or Content;
    • Interfere with, or attempt to interfere with, the access of any Subscriber, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Site;
    • Collect or store any personally identifiable information from the Site or Services from other Subscribers of the Site or Services without their express permission;
    • Impersonate or misrepresent your affiliation with any person or entity;
    • Violate any applicable law or regulation; or
    • Encourage or enable any other individual to do any of the foregoing.
  1. Teamfluent will have the right to investigate and prosecute violations of any of the above to the fullest extent of the law. Teamfluent may involve and cooperate with law enforcement authorities in prosecuting Subscribers who violate these Terms of Service.
  2. You acknowledge that Teamfluent has no obligation to monitor your access to or use of the Site, Services or Content, but has the right to do so for the purpose of operating the Site and Services, to ensure your compliance with these Terms of Service, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body.
  3. Teamfluent reserves the right, at any time and without prior notice, to remove or disable access to any Content that Teamfluent, at its sole discretion, considers to be in violation of these Terms of Service or otherwise harmful to the Site or Services.

Links

  1. The Site may contain links to third-party websites or resources.
  2. You acknowledge and agree that Teamfluent is not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources.
  3. Links to such websites or resources do not imply any endorsement by Teamfluent of such websites or resources or the content, products, or services available from such websites or resources.
  4. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.

Termination and Account Cancellation

  1. If you breach any of these Terms of Service, Teamfluent will have the right to suspend or disable your Account or terminate these Terms of Service, at its sole discretion and without prior notice to you in case of:
    1. fraudulent, criminal, grossly negligent, willful, or otherwise intentional misconduct, or violation of any law or regulation, in connection with the performance of your obligations hereunder and/or
    2. demonstrated usage negatively impacting the performance of the Service and/or
    3. breach of the herein Service terms and conditions
  2. Such termination of the Service will result in the deactivation or deletion of your Account or your access to your Account, and the forfeiture and relinquishment of all content in your Account or any other similar action deemed appropriate.
  3. In the event Teamfluent terminates these Terms of Service for your breach, you will remain liable for all amounts due hereunder.
  4. You may cancel your Account at any time by sending an email to support@teamfluent.com.
  5. If you cancel the Service before the end of your current paid up month, your cancellation will take effect by the end of your current paid month and you will not be charged again.

Disclaimers

THE SITE, SERVICES AND CONTENT ARE PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, TEAMFLUENT EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. TEAMFLUENT MAKES NO WARRANTY THAT THE SITE, SERVICES OR CONTENT WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. TEAMFLUENT MAKES NO WARRANTY REGARDING THE QUALITY OF ANY PRODUCTS, SERVICES OR CONTENT PURCHASED OR OBTAINED THROUGH THE SITE OR SERVICES OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY CONTENT OBTAINED THROUGH THE SITE OR SERVICES.