Terms of Service

TERMS OF SERVICE ("Terms")

Thank you for your interest in TeamPost. Please read these Terms of Service ("Terms", "Terms of Service") carefully before you visit the TeamPost web-site at www.TeamPost.co (the"Site"), register with TeamPost, or use our services after undergoing the registration process (collectively the "Service") operated by TeamSync Inc ("us", "we", “Teamsync” or "our").

Your access to and use of the Service is conditioned upon your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who wish to access or use the Service.

By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms, then you do not have permission to access the Service.

Privacy Policy

Teamsync's Privacy Policy is available for viewing at privacy (the “Privacy Policy”). The Privacy Policy, details the collection, use and disclosure of data and information by Teamsync in connection with the Service. The Privacy Policy, as may be updated by Teamsync at any point in time in accordance with its terms, is hereby incorporated into this Agreement, and you agree to the collection, use and disclose conditions detailed here.

Subscriptions

Teamsync’s pricing is detailed on its website at www.TeamPost.co. Some parts of the Service are billed on a subscription basis ("Subscription(s)"). You will be billed in advance on a recurring and periodic basis ("Billing Cycle"). Billing cycles are set either on a monthly or annual basis, depending on the type of subscription plan you select when purchasing a Subscription.

At the end of each Billing Cycle, your Subscription will automatically renew under the exact same conditions unless you cancel it or TeamSync Inc cancels it. You may cancel your Subscription renewal by contacting TeamSync Inc at [email protected]

A valid payment method, including credit card or PayPal, is required to process the payment for your Subscription. You shall provide TeamSync Inc with accurate and complete billing information including full name, address, state, zip code, telephone number, and a valid payment method information. By submitting such payment information, you automatically authorize TeamSync Inc to charge all Subscription fees incurred through your account to any such payment instruments.

Should automatic billing fail to occur for any reason, TeamSync Inc will issue an electronic invoice indicating that you must proceed manually, within a certain deadline date, with the full payment corresponding to the billing period as indicated on the invoice.

Fee Changes

TeamSync Inc, in its sole discretion and at any time, may modify the Subscription fees for the Subscriptions. Any Subscription fee change will become effective at the end of the then-current Billing Cycle.

TeamSync Inc will provide you with a reasonable prior notice of any change in Subscription fees to give you an opportunity to terminate your Subscription before such change becomes effective.

Your continued use of the Service after the Subscription fee change comes into effect constitutes your agreement to pay the modified Subscription fee amount.

Refunds

Except when required by law, paid Subscription fees are non-refundable.

Accounts

When you create an account with us, you guarantee that you are above the age of 13, and that the information you provide us is accurate, complete, and current, at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on the Service.

You are responsible for maintaining the confidentiality of your account authentication information, including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for all activities or actions that occur under your account and/or password, whether your account authentication information is with our Service or a third-party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

Links to Other Web Sites

Our Service may contain links to third party web sites or services that are not owned or controlled by TeamSync Inc.

TeamSync Inc has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third-party web sites or services. We do not warrant the offerings of any of these entities/individuals or their websites.

You acknowledge and agree that TeamSync Inc shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by, or in connection with use of or reliance on any such content, goods or services available on or through any such third-party web sites or services.

We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.

Prohibited Uses

As a condition for your usage of the Service, you agree not to use the Service for a purpose or reason that is illegal or prohibited by this Agreement. You cannot use the Service in any way that in our sole discretion that could interfere, disrupt or disable any other party’s use of the Service. You may not try to obtain information not intentionally made available through the Service.

Proprietary rights and limitations

TeamSync agrees that it obtains no right or interest from you or your organization under these Terms of Service in or to any content that you send or store in the Service, including any intellectual property rights that might be contained within the Content. You hereby understand and agree that you alone are responsible for protecting and enforcing any such rights.

Trademark Information

You agree that all Teamsync’s trade names, trademarks, features, methods, branding, logos and product names are the property of Teamsync Inc, and may not be used without prior permission of TeamSync.

Termination

We may terminate or suspend your account and bar access to the Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms.

If you wish to terminate your account, you may simply discontinue using the Service.

All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

NO WARRANTIES

YOUR USE OF THE SERVICES ARE AT YOUR SOLE RISK, ON AN "AS IS", "AS AVAILABLE" BASIS WITHOUT WARRANTY OF ANY KIND. TEAMSYNC SHALL USE COMMERCIALLY REASONABLE EFFORTS TO MAINTAIN PERFORMANCE OF THE SERVICES; HOWEVER, TEAMSYNC MAKES NO WARRANTY AND SPECIFICALLY DISCLAIMS ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF NONINFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. TEAMSYNC DOES NOT WARRANT THAT THE SERVICES (OR ANY OF THEM) WILL BE UNINTERRUPTED, ERROR-FREE, OR COMPLETELY SECURE. TEAMSYNC DOES NOT AND CANNOT CONTROL THE FLOW OF DATA TO OR FROM THE HOSTED SITE AND/OR OTHER PORTIONS OF THE INTERNET.

LIMITATION OF LIABILITY

IN NO EVENT SHALL EITHER PARTY BE LIABLE TO THE OTHER OR ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL OR INCIDENTAL DAMAGES, INCLUDING WITHOUT LIMITATION, LOST PROFITS, LOST DATA (OR ITS USE), HOWEVER CAUSED AND BASED ON ANY THEORY OF LIABILITY, ARISING OUT OF OR RELATING TO THIS AGREEMENT, WHETHER OR NOT SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. EXCEPT FOR: (A) EITHER PARTY’S OBLIGATION TO INDEMNIFY THE OTHER AS PROVIDED IN THIS AGREEMENT, (B) COMPANY’S ACTION TO ENFORCE YOUR OBLIGATION TO PAY AMOUNTS DUE AND OWING UNDER THIS AGREEMENT; AND/OR (C) A PARTY’S CLAIM THAT THE OTHER PARTY HAS VIOLATED OR INFRINGED ITS INTELLECTUAL PROPERTY RIGHT; EACH PARTY’S LIABILITY SHALL BE LIMITED TO THE AMOUNT PAID (OR OWING) BY CUSTOMER UNDER THIS AGREEMENT FOR SERVICES PROVIDED IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.

Indemnification

  • Indemnification of you, the Customer. Teamsync will defend and indemnify you and hold you harmless from all liabilities, claims and expenses, including attorney’s fees (collectively, “Damages”), arising out of a third party claim against you resulting from: (i) Teamsync’s performance of Services under this Agreement resulting in the actual or alleged infringement of such third party’s Rights; and/or (ii) Teamsync’s actual breach of this Agreement, gross negligence or willful misconduct in connection with Teamsync’s or its agent’s provision of Services.
  • Indemnification of Teamsync. You will defend and indemnify Teamsync and hold Teamsync harmless from all Damages arising out of a third party claim against Teamsync resulting from: (i) breach of this Agreement by you or any of your users, (ii) the use or transmission by you or any of your Company’s users of any Content, whether or not such use was authorized by you; and/or (iii) your gross negligence or willful misconduct, or any of your Company’s users or agents.
  • Cooperation and Control of Defense. A party seeking indemnification pursuant to this Section will, at the indemnifying party’s expense, cooperate with the indemnifying party in the defense of any matters which are the subject of the indemnification; however, the indemnified party reserves the right to approve any settlement agreement in connection with any such matter that requires an admission of fault by the indemnified party. The indemnified party also reserves the right, at its own expense, to participate in or assume the defense and control of any matter otherwise subject to indemnification by the indemnifying party; but the indemnifying party shall have no indemnity obligation to the extent that the indemnified party exercises this option. The obligation to indemnify, defend and hold an indemnified party harmless in accordance with this Section shall not apply to the extent that any losses or costs suffered by the indemnified party are subject to the indemnified party’s own obligation to indemnify the other party pursuant to another provision of this Section.

Arbitration and claims

Any claim (excluding claims for injunctive or other equitable relief) where the total amount of the award sought by either party is less than $12,500 shall be resolved via binding non-appearance-based (no personal appearances by either the parties or witnesses, unless mutually agreed by all parties) arbitration initiated through the American Arbitration Association. Nothing in this Agreement shall prevent either party from seeking remedies in small claims court of competent jurisdiction. Any claims must be made in individual capacity only and not as part of a class action. Any claims whatsoever must be made in writing within one year of the cause of the claim. After one year from the cause of action of the claim, no claims on that action can be submitted.

Miscellaneous

Under this Agreement, you consent to receive communications from Teamsync electronically.

Governing Law

These Terms shall be governed and construed in accordance with the laws of California, United States, without regard to its conflict of law provisions. You agree that any legal action arising out of or relating to this Agreement, that the Service is not subject to arbitration under Section 13 shall be filed only in the state or federal courts in California and you hereby consent and submit to the personal jurisdiction of such courts.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have had between us regarding the Service.

Changes

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Service.

Contact Us

If you have any questions about these Terms, please contact us at [email protected]

Last updated: 24th Febraury 2017
© Teamsync Inc. 2017