These Teamo Terms of Service (the “Terms of Service”) constitute a legally binding agreement between you and Teamo US, LLC. (“Teamo”, “we”, “us” or “our”) governing your use of Teamo’s websites (including www.teamodelivery.com (the “Site(s)”), mobile applications (the “App(s)”), and related services, information and communications (collectively referred to herein as the “Teamo Platform”).
The use of all personal data you submit to the Teamo Platform or which we collect about you is governed by our Privacy Policy (“Privacy Policy”). A copy of our Privacy Policy is available here. You acknowledge that by using the Teamo Platform you have reviewed the Privacy Policy.
Your consent at registration and continued use of the Teamo Platform constitutes your acceptance of and agreement to all of the terms and conditions in these Terms of Service, the Privacy Policy, as well as any future amendments and additions to the Agreement (as defined below) we may publish from time to time. If any future changes to the Agreement are unacceptable to you or cause you to no longer be in compliance with the Agreement, you must deactivate your account, and immediately stop using the Teamo Platform.
The Privacy Policy is incorporated by reference into these Terms of Service and together form, and are hereinafter referred to as, the “Agreement”.
IF YOU DO NOT AGREE TO BE BOUND BY THE AGREEMENT AND ABIDE BY ITS TERMS, YOU MAY NOT USE OR ACCESS THE TEAMO PLATFORM.
PLEASE READ THESE TERMS CAREFULLY TO ENSURE THAT YOU UNDERSTAND EACH PROVISION. PLEASE NOTE THAT SECTION 28 SPECIFIES HOW USERS AND TEAMO RESOLVE DISPUTES AND CONTAINS A BINDING AND FINAL MANDATORY INDIVIDUAL ARBITRATION AGREEMENT AND CLASS ACTION WAIVER. THIS ARBITRATION AGREEMENT, WITH LIMITED EXCEPTION, REQUIRES YOU TO SUBMIT DISPUTES AND CLAIMS YOU HAVE AGAINST TEAMO AND RELATED PARTIES TO BINDING AND FINAL ARBITRATION ON AN INDIVIDUAL BASIS.
BY ACKNOWLEDGING THE TERMS OF SERVICE AND/OR USING THE TEAMO PLATFORM, YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND AND AGREE, WITHOUT LIMITATION OR QUALIFICATION, TO BE BOUND BY THE AGREEMENT (INCLUDING, THE DISPUTE RESOLUTION AND ARBITRATION AGREEMENT) AND YOU ACCEPT ALL OF ITS TERMS.
A few highlights of these Terms of Service include:
The Teamo Platform is a web- and app-based two-sided marketplace which enables connections between Clients and Contractors. “Client(s)” are individuals and/or businesses seeking to obtain delivery services (“Services”) from Contractors and are therefore clients of Contractors, and “Contractor(s)” are businesses seeking to perform Services for Clients. Clients and Contractors together are hereinafter referred to as “Users.” If you agree on the terms of a Service with another User, you and such other User form a Service Agreement (as defined below) directly between the two of you as set forth in more detail in Section 3 below.
USERS HEREBY ACKNOWLEDGE THAT CONTRACTORS ARE INDEPENDENT BUSINESS OWNERS PROVIDING THE SERVICES AS INDEPENDENT CONTRACTORS. CONTRACTORS ARE INDEPENDENT CONTRACTORS AND NOT EMPLOYEES, PARTNERS, REPRESENTATIVES, AGENTS, JOINT VENTURERS, OR FRANCHISEES OF TEAMO. TEAMO DOES NOT PERFORM THE SERVICES AND DOES NOT EMPLOY INDIVIDUALS TO PERFORM THE SERVICES. THE TEAMO PLATFORM OPERATES BY CONNECTING CLIENTS SEEKING SERVICES WITH INDEPENDENT BUSINESS OWNERS PROVIDING SERVICES.
USERS HEREBY ACKNOWLEDGE THAT TEAMO DOES NOT SUPERVISE, SCOPE, DIRECT, CONTROL OR MONITOR CONTRACTORS’ WORK AND EXPRESSLY DISCLAIMS (TO THE EXTENT PERMITTED BY LAW) ANY WARRANTIES, AND ANY RESPONSIBILITY AND LIABILITY, FOR THE WORK PERFORMED AND THE SERVICES IN ANY MANNER, INCLUDING BUT NOT LIMITED TO A WARRANTY OR CONDITION OF GOOD AND WORKMANLIKE SERVICES, WARRANTY OR CONDITION OF QUALITY OR FITNESS FOR A PARTICULAR PURPOSE, OR COMPLIANCE WITH ANY LAW, STATUTE, ORDINANCE, REGULATION, OR CODE.
Any reference on the Teamo Platform to a Contractor being vetted, licensed or credentialed in some manner indicates only that the Contractor has completed a relevant account registration process or met certain criteria and does not represent anything else. Any such description is not an endorsement, certification or guarantee by Teamo of such Contractor’s skills or qualifications or whether they are licensed, insured, trustworthy, safe or suitable.
The Teamo Platform enables connections between Users for the fulfillment of Services. Teamo is not responsible for and does not monitor the performance or communications of Users, nor does it have control over the quality, timing, legality, failure to provide, or any other aspect whatsoever of Services, Contractors, or Clients, nor of the integrity, responsibility, competence, qualifications, or any of the actions or omissions whatsoever of any Users, or of any ratings provided by Users with respect to each other. Teamo makes no warranties or representations about the suitability, reliability, timeliness, or accuracy of the Services requested, or services provided by, or the communications of or between, Users identified through the Teamo Platform, whether in public or private, via on- or off-line interactions, or otherwise.
Contractors may be subject to a review process before they can register for and during their use of the Teamo Platform, which may include but is not limited to identity verification and criminal background checks, using third-party services as appropriate (“Background Checks”). If you are a Contractor, you agree to promptly disclose to Teamo in writing if you have any potentially relevant criminal convictions (other than minor fixed penalty parking or speeding offenses or those otherwise not required to be disclosed by law), that arise during your use of the Teamo Platform.
Although Teamo may perform Background Checks, Teamo cannot confirm that any User is who they claim to be, and Teamo cannot and does not assume any responsibility or liability for the accuracy or reliability of Background Check information.
When interacting with other Users, you should exercise caution and common sense to protect your personal safety, data, and property, just as you would when interacting with other persons whom you don’t know. Teamo will not be responsible or liable for any false or misleading statements made by Users of the Teamo Platform.
NEITHER TEAMO, NOR ITS PARENTS, AFFILIATES OR LICENSORS, INCLUDING THEIR RESPECTIVE DIRECTORS, OFFICERS, SHAREHOLDERS, AGENTS, INVESTORS, SUBSIDIARIES, ATTORNEYS, REPRESENTATIVES, INSURERS, EMPLOYEES, SUCCESSORS AND ASSIGNS (COLLECTIVELY REFERRED TO AS “AFFILIATES” ) IS RESPONSIBLE OR LIABLE FOR THE CONDUCT, ACTS, OR OMISSIONS, WHETHER ONLINE OR OFFLINE, OF ANY USER OF THE TEAMO PLATFORM; AND, TO THE EXTENT PERMITTED BY LAW, YOU HEREBY RELEASE TEAMO AND AFFILIATES FROM ANY AND ALL LIABILITY, CLAIMS, DEMANDS, OR DAMAGES OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE TEAMO PLATFORM.
All Users represent and warrant that:
Contractors additionally represent and warrant that:
You acknowledge and agree that a legally binding contract with another User (the “Service Agreement”) is formed when you and that User agree on the terms of a Service. The terms of the Service Agreement include the terms set forth in this Section 3, the engagement terms proposed and accepted on the Teamo Platform, and any other contractual terms accepted by both the Contractor and the Client to the extent such terms do not conflict with the terms in the Agreement, including this Section 3, and do not expand Teamo’s obligations or restrict Teamo’s rights under the Agreement. Teamo is not a party to any Service Agreement and the formation of a Service Agreement will not, under any circumstances, create an employment or other service relationship between Teamo and the Contractor, nor will it create an employment relationship between the Client and the Contractor. Users do not have authority to enter into written or oral — whether implied or express — contracts on behalf of Teamo. User agrees to comply with the Service Agreement and the Agreement during the engagement, performance and completion of a Service.
Where approved in advance by the Client, the Contractor is not obligated to personally perform the Service(s). Contractors may engage assistants, helpers, subcontractors or other personnel (collectively “Contractor Assistants”). For safety reasons, such Contractor Assistants shall have been registered through the Teamo Platform and meet all requirements applicable to the Contractor. A Contractor’s failure to comply with this provision shall be a violation of these Terms of Service and could lead to removal from the Teamo Platform. The Contractor assumes full and sole responsibility for the acts and omissions of such Contractor Assistants and is fully responsible for the lawful payment of all compensation, benefits and expenses of Contractor Assistants, if any, and for all required and applicable tax withholdings as to such Contractor Assistants. Clients are responsible for confirming with the Contractor that any Contractor Assistants are registered Contractors on the Teamo Platform.
While using the Teamo Platform, Clients, in their sole discretion, determine whether or not they will be present when a Service is performed. Clients agree that if someone other than them books the Service on their behalf or is present in their stead when the Service is performed, they are appointing that person as their agent (“Client’s Agent”) and the Contractor may take and follow direction from the Client’s Agent as if such direction was given from the Client themselves. If you are a Client’s Agent and accessing and using the Teamo Platform on behalf of a Client, you represent that you have the authority to act as their agent and to bind that person as the principal to all provisions of the Terms of Service. Client’s Agent may authorize any applicable waiver of the Client’s scoping, direction, or instruction of the Contractor’s work or performance of the Service in the Client’s stead. Client agrees that such direction and/or waiver is valid against Client and Client’s Agent, and Client shall be responsible and liable for all such direction and/or waiver as if made by Client themselves. Client assumes full and sole responsibility for the acts and omissions of Client’s Agents.
Contractor will maintain automobile liability insurance on their vehicles that provides protection against bodily injury and property damage to third parties at coverage levels that satisfy the minimum requirements to operate a vehicle on public roads wherever you use your vehicle. Contractor (a) must be listed as an insured or a driver on its automobile liability insurance; (b) will provide us with the name of their insurance policy provider, a valid insurance policy number, and/or a copy of the insurance policy, policy declarations, proof of insurance identification card and/ proof of premium payment for your policy, as well as copies of the same upon renewal; and (c) will notify us in writing immediately if the policy is canceled.
Contractor acknowledges that while providing the Services, their personal automobile insurance policy may not afford liability, comprehensive, collision, medical payments, personal injury protection, uninsured motorist, underinsured motorist, or other coverage. It is the responsibility of the Contractor to discuss, and resolve, with their insurers any questions or concerns about the scope or applicability of their insurance coverage.
Contractor will also maintain workers’ compensation insurance if it is required by applicable law. If allowed by applicable law, Contractor can insure themselves against industrial injuries by maintaining occupational accident insurance in place of workers’ compensation insurance (and it is at each Contractor’s own risk if they decide not to).
Contractor acknowledges and agrees that we may, in our sole discretion, choose to maintain insurance related to the Services, but we are not required to provide Contractors with any specific coverage (including, without limitation, for loss to you or your vehicle), unless we specifically describe it in an addendum to the Agreement. We can change, reduce or cancel any insurance that is maintained by us, if any, at any time without notice to you or authorization from you.
Users of the Teamo Platform contract for Services directly with other Users. Teamo will not be a party to any contracts for Services or any other services. Client, and not Teamo, is responsible for payment for all Services or any other services through the Teamo Platform. Such payment must be made via the PSP. Teamo is not obligated to compensate Contractor for a Client’s failure to pay for services.The Service Payment, service charge, and any fees (including the Teamo Fees) must be paid through the PSP. Clients on the Teamo Platform will be required to provide their payment method details to Teamo and the PSP. Clients will be responsible for paying for each Service at time of booking (the “Payment(s)”), which will include (a) the pricing terms of the Service provided by the Contractor and agreed upon by the parties (“Service Payment”), (b) any out of pocket expenses agreed upon by the parties and submitted by the Contractor in connection with the Services, (c) the service charge Teamo assesses to the Client for access to and information regarding Contractors, and (d) the fee Teamo assesses to the Client for customer support and other various other services ((c) and\or (d), “Teamo Fee(s)”), and/or cancellation charges, if applicable. In addition, a tip or gratuity, as applicable, may be added to the Payment by the Client or at the Client’s direction, and all such tips or gratuities shall go directly to the Contractor. Clients may also be charged credit card processing fees equal to 3% of the aggregate expense amount if expenses related to a Service individually, or Services in the aggregate over a 30-day period, exceed $300. Contractors will be responsible for (i) paying registration fees, if applicable, and (ii) repayment of erroneous payments.
Contractors will be required to set up an account with the PSP, which may require any or all of the following: registration with the PSP, consent to the terms of service of the PSP, and completion of a vetting process and/or account validation at the request of the PSP. By accepting these Terms of Service, the Contractor agrees that they have downloaded or printed, and reviewed and agreed to, the PSP Services Agreement (the “PSP Services Agreement”). Please note that Teamo is not a party to the PSP Services Agreement and that you, the PSP and any other parties listed in the PSP Services Agreement are the parties to the PSP Services Agreement and that Teamo has no obligations, responsibility or liability to any Contractor or other party under the PSP Services Agreement.
To help prevent fraud and safeguard User information from the risk of unauthorized access, Teamo and/or the PSP may validate an account before activation and prior to each booking. As part of the validation process, temporary charges may be placed on the account associated with the User and then refunded within 1-5 business days. This temporary charge may vary depending on the estimated value of the Service and expenses.
When Client receives confirmation through the Teamo Platform or via email that a Service has been completed, Client automatically authorizes the PSP to process the payment for the transaction. Clients may be billed a cancellation charge as damages at the Contractor’s hourly rate through the PSP if you book a Service, but cancel it before the scheduled time for performance.
Teamo reserves the right (but does not have any obligation), including upon request from Client or Contractor, if we reasonably determine, or receive notice of, any potential fraud, unauthorized charges or other misuse of the Teamo Platform, to place on hold any Service Payment, out of pocket expenses, and/or tip or gratuity (if applicable), or refund or provide credits, or arrange for the PSP to do so.
Users of the Teamo Platform may be liable for any taxes or similar charges required to be collected and/or paid on the Services provided and/or fees charged under the Agreement. In jurisdictions where Teamo facilitates the collection and/or remittance of sales tax on behalf of Contractors, you instruct and authorize Teamo to collect taxes on your behalf, and/or to remit such taxes to the relevant tax authority. You acknowledge and agree that we retain the right to cease the collection and remittance of sales taxes in a particular jurisdiction as permitted by law. You should consult with your own tax advisor to ensure your compliance with all applicable tax reporting requirements.
In certain jurisdictions, applicable rules may require that we collect or report tax and/or revenue information about you. You agree that Teamo may issue on your behalf receipts or similar documentation to facilitate accurate tax reporting.
Teamo may from time to time provide certain promotional opportunities and contests to Users. All such promotions will be run at the sole discretion of Teamo, are subject to the terms provided in connection with such promotional opportunities, and can be implemented, modified, or removed at any time by Teamo without advance notification. The liability of Teamo and Affiliates, as well as any of Teamo’s corporate partners pursuant to such promotional opportunities and contests, shall be subject to the limitations set forth in Section 16 of these Terms of Service.
Teamo promotional codes (“Promo Codes”) may be available and can be used to pay Service Payments and the Teamo service charge and Teamo Fee in part or in full, but may not be used to pay for reimbursement of out of pocket expenses or tips or gratuity associated with a Service provided through the Teamo Platform.
Promo Codes are an offer by Teamo to reduce the amount a Client has to pay in relation to a Service Payment, service charge, and/or Teamo Fee. Promo Codes will not affect the amount of the Service Payment a Contractor ultimately receives. The use or application of any Promo Code is solely intended as a promotional initiative and does not in any way create a relationship or engagement between Teamo and the Contractor or between Teamo and the Client, or constitute wages, fees or other amounts paid to the Contractor. You agree that you will use Promo Codes in accordance with the terms and conditions governing the Promo Code. A new user Promo Code may only be used once per User, regardless of the email address used during registration. Teamo reserves the right to withhold or deduct credits or other features or benefits obtained through the use of a Promo Code by you or any other User in the event that the use or redemption of a Promo Code was in error, fraudulent, illegal, or otherwise in violation of the applicable Promo Code terms and conditions or the Agreement.
The Teamo Platform may contain profiles, email systems, blogs, message boards, reviews, ratings, task postings, chat areas, news groups, forums, communities and/or other message or communication facilities (“Public Areas”) that allow Users to communicate with other Users. You may only use such community areas to send and receive messages and materials that are relevant and proper to the applicable forum. For the safety and integrity of the Teamo Platform, you should not share your personal contact information with other Users.
You understand that all submissions made to Public Areas will be public and that you will be publicly identified by your name or login identification when communicating in Public Areas. Teamo will not be responsible for the action of any Users with respect to any information or materials posted in Public Areas.
Without limitation, you may not use the Teamo Platform for any of the following purposes:
While using the Teamo Platform, you may not:
We may make available software to access the Teamo Platform via the Apps. To use any Apps, you must have a mobile device that is compatible with the Apps. Teamo does not warrant that the Apps will be compatible with your mobile device. You may use mobile data in connection with the Apps and may incur additional charges from your wireless provider for these services. You agree that you are solely responsible for any such charges. Teamo hereby grants you a non-exclusive, non-transferable, revocable license to use a compiled code copy of the Apps for one User account on one mobile device owned orleased solely by you, for your personal use. You may not: (i) modify, disassemble, decompile or reverse engineer the Apps, except to the extent that such restriction is expressly prohibited by law; (ii) rent, lease, loan, resell, sublicense, distribute or otherwise transfer the Apps to any third-party or use the Apps to provide time sharing or similar services for any third-party; (iii) make any copies of the Apps; (iv) remove, circumvent, disable, damage or otherwise interfere with security-related features of the Apps, features that prevent or restrict use or copying of any content accessible through the Apps, or features that enforce limitations on use of the Apps; or (v) delete the copyright and other proprietary rights notices on the Apps. Any third-party code that may be incorporated in the Apps is covered by the applicable open source or third-party license EULA, if any, authorizing use of such code. The foregoing license grant is not a sale of the Apps or any copy thereof, and Teamo or its third-party partners or suppliers retain all right, title, and interest in the Apps (and any copy thereof).
By installing the Apps, you consent to the installation of the Apps and any updates or upgrades that are released through the Teamo Platform. The App (including any updates or upgrades) may (a) cause your device to automatically communicate with Teamo’s servers to deliver the App functionality and to record usage metrics, (b) affect App-related preferences or data stored on your device, and/or (c) collect personal information as set out in our Privacy Policy. You can uninstall the Apps at any time.
Teamo may suspend your right to use the Teamo Platform pending its investigation of a potential breach by you of the Agreement. Teamo may deactivate your account or limit your use of the Teamo Platform upon its determination that you breached a provision of the Agreement. Teamo will provide you with written notice of its determination as required by law, unless we have reason to believe the User’s account has been compromised such that the notice would go to the wrong person, or notice would otherwise be counterproductive or would create a risk to safety. If you wish to appeal this determination, please contact policies@teamodelivery.com within 14 days of receipt of such notice with the grounds for your appeal.
If Teamo suspends or deactivates your account or limits your use of the Teamo Platform pursuant to this Section 8, you are thereafter prohibited from registering and creating a new account under your name or business 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.
Even after your right to use the Teamo Platform is suspended, terminated or limited, the Agreement will remain enforceable against you. Teamo reserves the right to take appropriate legal action pursuant to the Agreement.
You may terminate the Agreement at any time by ceasing all use of the Teamo Platform and deactivating your account.
You must register with Teamo and create an account to use the Teamo Platform. You are responsible for maintaining the confidentiality of any log-in, password, and account number provided by you or given to you by Teamo for accessing the Teamo Platform. You are solely and fully responsible for all activities that occur under your password or account, even if not authorized by you. Teamo has no control over the use of any User’s account and expressly disclaims any liability derived therefrom. Should you suspect thatany unauthorized party may be using your password or account or you suspect any other breach of security, you agree to notify Teamo immediately.
You acknowledge that telephone calls to or from Teamo, together with its agents and Affiliates, may be monitored and recorded for the purposes of quality control and training.
You verify that any contact information provided to Teamo, its agents and Affiliates, and Users, including, but not limited to, your name, business name, mailing address, email address, your residential or business telephone number, and/or your mobile telephone number, is true and accurate. You verify that you are the current subscriber or owner of any telephone number that you provide. You are strictly prohibited from providing a phone number that is not your own. If we discover that any information provided in connection with your registration is false or inaccurate, we may suspend or deactivate your account. Should any of your contact information change, you agree to immediately notify Teamo before the change goes into effect by visiting support.teamodelivery.com. If the change relates to ownership of your telephone numbers, you may notify Teamo by texting STOP to any text message sent to the retiring phone number.
“User Generated Content” is defined as any information and materials you provide to Teamo, its agents, Affiliates, and corporate partners, or other Users in connection with your registration for and use of the Teamo Platform and participation in Teamo promotional campaigns, including without limitation the information and materials posted or transmitted for use in Public Areas. You are solely responsible for User Generated Content, and we act merely as a passive conduit for your online distribution and publication of your User Generated Content. You acknowledge and agree that Teamo is not involved in the creation, development of User Generated Content, disclaims any responsibility for User Generated Content, and cannot and will not be liable for claims arising out of or relating to User Generated Content. Further, you acknowledge and agree that Teamo has no obligation to monitor or review User Generated Content, but reserves the right to limit or remove User Generated Content if it is not compliant with the terms of the Agreement.
You hereby represent and warrant to Teamo that your User Generated Content will not (a) be false, inaccurate, incomplete or misleading; (b) be fraudulent; (c) infringe on any third-party’s privacy, or copyright, patent, trademark, trade secret or other proprietary right or rights of publicity or personality (to the extent recognized by law in the country where the Service is performed); (d) violate any law, statute, ordinance, code, or regulation (including without limitation those governing export control, consumer protection, unfair competition, anti-discrimination, incitement of hatred or false or misleading advertising, anti-spam or privacy); (e) be defamatory, libelous, malicious, threatening, or harassing; (f) be obscene or contain pornography (including but not limited to child pornography) or be harmful to minors; (g) contain any viruses, scripts such as trojan horses, SQL injections, worms, time bombs, corrupt files, cancelbots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; (h) claim or suggest in any way that you are employed or directly engaged by or affiliated with Teamo or otherwise purport to act as a representative or agent of Teamo; and (i) create liability for Teamo or cause Teamo to lose (in whole or in part) the services of its Internet Service Providers (ISPs) or other partners or suppliers.The Teamo Platform hosts User Generated Content relating to ratings of specific Contractors (“Feedback”). Feedback is such User’s opinion and not the opinion of Teamo, and has not been verified or approved by Teamo. You agree that Teamo is not responsible or liable for any Feedback or other User Generated Content. Teamo encourages each User to give objective, constructive and honest Feedback about the other Users with whom they have transacted. Teamo is not obligated to investigate any Feedback for accuracy or reliability, or to consider any statements or materials posted or submitted by Users about any Feedback, but may do so at its discretion.
Teamo respects the personal and other rights of others, and expects Users to do the same. Teamo is entitled to identify a User to other Users or to third parties who claim that their rights have been infringed by User Generated Content submitted by that User, so that they may attempt to resolve the claim directly.
If a User believes, in good faith, that any User Generated Content provided on or in connection with the Teamo Platform is objectionable or infringes any of its rights or the rights of others (e.g., counterfeiting, insult, invasion of privacy), the User is encouraged to notify Teamo at support.teamodelivery.com. If a User discovers that User Generated Content promotes crimes against humanity, incites hatred and/or violence, or concerns child pornography, the User must notify Teamo. Such notification can be made at Teamo US, LLC, P.O. Box 530225, Atlanta, GA 30353-0225.
To the extent permitted by law, you hereby grant Teamo a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, fully-paid, unrestricted, sublicensable (through multiple tiers), transferable right to exercise all copyrights, publicity rights, and any other rights you have in (1) your User Generated Content, and (2) any videotape, film, recording, photograph, voice, or any instrumental, musical, or other sound effects that you provide to Teamo (collectively, “Media”) in exchange for use of the Teamo Platform, in any media now known or not currently known in order to market, operate, and improve upon the Teamo Platform, including but not limited to the right to the following:
Further, you hereby waive any and all moral rights in connection with the Media (to the extent allowable by applicable law). User represents and warrants that they have the lawful authority to grant the rights set out above, and that such rights do not negatively impact any third-party rights.
User acknowledges that Teamo shall not owe any financial or other remuneration for using the User Generated Content, Media, Physical Likeness, or Voice provided hereunder by such User, either for initial or subsequent transmission or playback.
User hereby waives all rights and releases Teamo and its Affiliates from, and shall hold harmless against any such parties for, any claim or cause of action, whether now known or unknown, including without limitation, for defamation, malicious falsehood, invasion of right to privacy, data protection, publicity or personality or any similar matter, or based upon or relating to the use and exploitation of such User’s identity, User Generated Content, Physical Likeness, Media, or Voice in connection with the Teamo Platform.
The Teamo Platform may contain links (such as hyperlinks) to third-party websites. Such links do not constitute endorsement by Teamo or association with those websites, their content or their operators. Such links (including without limitation external websites that are framed by the Teamo Platform as well as any advertisements displayed in connection therewith) are provided as an information service, for reference and convenience only. Teamo does not control any such websites, and is not responsible for their availability, accuracy, content, advertising, products, or services. It is your responsibility to evaluate the content and usefulness of the information obtained from other websites. You acknowledge and agree that Teamo is not involved in the creation or development of third-party websites and disclaims any responsibility for third-party websites, and cannot be liable for claims arising out of or relating to third-party websites. Further, you acknowledge and agree that Teamo has no obligation to monitor, review, or remove links to third-party websites, but reserves the right to limit or remove links to third-party websites on the Teamo Platform at its sole discretion.
The use of any website controlled, owned or operated by a third-party is governed by the terms and conditions of use and privacy policy for that website. You access such third-party websites at your own risk. Teamo expressly disclaims any liability arising in connection with your use and/or viewing of any websites or other material associated with links that may appear on the Teamo Platform. You hereby agree to hold Teamo harmless from any liability that may result from the use of links that may appear on the Teamo Platform.
Teamo operates as an online marketplace that connects Clients seeking Services with Contractors providing Services. Teamo does not perform Services and does not employ people to perform Services.
Contractors operate as independent business owners and are customarily engaged in an independently established business of the same nature as that involved in the services performed for Clients through the Teamo Platform. Teamo does not control or direct the Contractors’ performance of their Services or set their work locations, work hours, or terms of work. Teamo does not unilaterally prescribe specific hours during which Contractors must be available to accept Service requests submitted through the Teamo Platform. Teamo does not train the Contractors on how to perform their Services. Teamo does not require Contractors to attend mandatory meetings or mandatory training. Contractors provide their Services under their own name or business name, and not under Teamo’s name. Contractors provide their own tools and supplies to perform their Services; Teamo does not provide the tools or supplies. Contractors are free to maintain a clientele without any restrictions from Teamo and are free to offer and provide their services elsewhere, including through other platforms and apps. Teamo does not prohibit Contractors from engaging in any other occupation or business. Contractors are free to accept or reject Clients and contracts. Contractors are not penalized for rejecting Clients or contracts, though if Contractors accept a Client or contract through the Teamo Platform, they are expected to fulfill their contractual obligations.
The Teamo Platform is not an employment agency service or business and Teamo is not an employer of any User. Contractors acknowledge and confirm that they are responsible for exercising their own business judgment in entering into Service Agreements and performing Services and that, depending on how they exercise such business judgment, there is a chance for individual profit or loss.
All text, graphics, editorial content, data, formatting, graphs, designs, HTML, look and feel, photographs, music, sounds, images, software, videos, typefaces and other content, including Teamo designs, trademarks, and logos (collectively “Proprietary Material”) that Users see or read through the Teamo Platform is owned by Teamo, excluding User Generated Content and any content on third-party linked sites, which Users hereby grant Teamo a license to use as set forth above in Article 10. Proprietary Material is protected in all forms, media and technologies now known or hereinafter developed. Teamo owns all Proprietary Material, as well as the coordination, selection, arrangement and enhancement of such Proprietary Materials. The Proprietary Material is protected by domestic and international laws governing copyright, patents, and other proprietary rights. Users may not copy, download, use, redesign, reconfigure, or retransmit anything from the Teamo Platform without Teamo’s express prior written consent and, if applicable, the consent of the holder of the rights to the User Generated Content. Any use of such Proprietary Material other than as permitted herein is expressly prohibited. Teamo reserves all rights not expressly granted under the Agreement.
The service marks and trademarks of Teamo, including without limitation Teamo, and associated logos, are service marks owned by Teamo. Any other trademarks, service marks, logos and/or trade names appearing via the Teamo Platform are the property of their respective owners. Teamo’s proprietary marks and logos are not available for use by Users. You may not copy or use any of these marks, logos or trade names without the express prior written consent of the owner.
Teamo respects the intellectual property of others and expects Users to do the same. If you believe, in good faith, that any materials provided on or in connection with the Teamo Platform infringe upon yourcopyright or other intellectual property right, please send the following information to Teamo’s Copyright Agent at Teamo US, LLC, P.O. Box 530225, Atlanta, GA 30353-0225 or copyright@teamodelivery.com:
Please note that this procedure is exclusively for notifying Teamo and Affiliates that your copyrighted material has been infringed. The preceding requirements are intended to comply with Teamo’s rights and obligations under the Digital Millennium Copyright Act (“DMCA”), including 17 U.S.C. §512(c), but do not constitute legal advice. It may be advisable to contact an attorney regarding your rights and obligations under the DMCA and other applicable laws.
In accordance with the DMCA and other applicable law, Teamo has adopted a policy of terminating, in appropriate circumstances, Users who are deemed to be repeat infringers. Teamo may also at its sole discretion limit access to the Teamo Platform, Services and/or terminate the User accounts of any Users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
You acknowledge that Confidential Information (as defined below) is a valuable, special and unique asset of Teamo and agree that you will not, for the lifetime of your account on Teamo plus 10 years thereafter, disclose, transfer, or use (or seek to induce others to disclose, transfer or use) any Confidential Information for any purpose other than use of the Teamo Platform in accordance with these Terms of Service. If relevant, you may disclose the Confidential Information to your authorized employees and agents provided that they are also bound to maintain the confidentiality of Confidential Information. You shall use best efforts to protect Confidential Information from unauthorized disclosure, transfer or use. You shall promptly notify Teamo in writing of any circumstances that may constitute unauthorized disclosure, transfer, or use of Confidential Information. You shall return all originals and any copies of any and all materials containing Confidential Information to Teamo promptly upon deactivation of your User account or termination of the Agreement for any reason whatsoever.
The term “Confidential Information” shall mean any and all of Teamo’s trade secrets, confidential and proprietary information, and all other information and data of Teamo that is not generally known to the public or other third parties who could derive value, economic or otherwise, from its use or disclosure. Confidential Information shall be deemed to include technical data, know-how, research, product plans, products, services, customers, markets, software, developments, inventions, processes, formulas, technology, designs, drawings, engineering, hardware configuration information, marketing, finances, strategic and other Proprietary Materials and confidential information relating to Teamo or Teamo’s business, operations or properties, including information about Teamo’s staff, Users or partners, or other business information disclosed or obtained directly or indirectly in writing, orally or by drawings or observation.
THE TECHNOLOGY OF THE TEAMO PLATFORM IS PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, GOOD AND WORKMANLIKE SERVICES, AND NON-INFRINGEMENT. TEAMO MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE CONTENT PROVIDED THROUGH THE TEAMO PLATFORM OR THE CONTENT OF ANY SITES LINKED TO THE TEAMO PLATFORM AND ASSUMES NO LIABILITY OR RESPONSIBILITY IN CONTRACT, WARRANTY OR IN TORT FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE TEAMO PLATFORM, (III) ANY ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, AND (IV) EVENTS BEYOND OUR REASONABLE CONTROL.
Teamo does not warrant, endorse, guarantee or assume responsibility for any service advertised or offered by a third-party through the Teamo Platform or any hyperlinked website or featured in any banner or other advertising, and Teamo will not be a party to or in any way be responsible for any transaction between you and other Users, or you and 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. Without limiting the foregoing, Teamo and Affiliates do not warrant that access to the Teamo Platform will be uninterrupted or that the Teamo Platform will be error-free; nor do they make any warranty as to the results that may be obtained from the use of the Teamo Platform, or as to the timeliness, accuracy, reliability, completeness or content of any Service or other services, information or materials provided through or in connection with the use of the Teamo Platform. Teamo and Affiliates are not responsible for the conduct, whether online or offline, of any User. Teamo and Affiliates do not warrant that the Teamo Platform is free from computer viruses, system failures, worms, trojan horses, or other harmful components or malfunctions, including during hyperlink to or from third-party websites. Teamo and Affiliates will implement appropriate technical and organizational measures to ensure a level of security adapted to the risk for any personal information supplied by you.Teamo does not warrant any goods or services purchased by a Client and does not recommend any particular Contractor. Teamo does not provide any warranties or guarantees regarding any Contractor’s ability, professional accreditation, registration or licensure.
You acknowledge and agree that Teamo is only willing to provide the Teamo Platform if you agree to certain limitations of our liability to you and third parties. Therefore, you agree not to hold Teamo and Affiliates, or their corporate partners, liable for any claims, demands, damages, expenses, losses, governmental obligations, suits, and/or controversies of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, direct, indirect, incidental, actual, consequential, economic, special, or exemplary, including attorneys’ fees and costs (collectively, “Liabilities”) that have arisen or may arise, relating to your or any other party’s use of or inability to use the Teamo Platform, including without limitation any Liabilities arising in connection with the conduct, act or omission of any User (including without limitation stalking, harassment that is sexual or otherwise, acts of physical violence, and destruction of personal property), any dispute with any User, any instruction, advice, act, or service provided by Teamo and Affiliates, and any destruction of your User Generated Content.
UNDER NO CIRCUMSTANCES WILL TEAMO AND AFFILIATES OR THEIR CORPORATE PARTNERS BE LIABLE FOR, AND YOU HEREBY RELEASE TEAMO AND AFFILIATES AND THEIR CORPORATE PARTNERS FROM ANY DIRECT, INDIRECT, INCIDENTAL, ACTUAL, CONSEQUENTIAL, ECONOMIC, SPECIAL OR EXEMPLARY DAMAGES (INCLUDING BUT NOT LIMITED TO LOST PROFITS, LOSS OF DATA, LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE, SYSTEM FAILURE, FAILURE TO STORE ANY INFORMATION OR OTHER CONTENT MAINTAINED OR TRANSMITTED BY TEAMO, THE COST OF SUBSTITUTE PRODUCTS OR SERVICES, OR ATTORNEYS FEES AND COSTS) ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF OR INABILITY TO USE THE TEAMO PLATFORM OR THE SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF THE SAME. Some jurisdictions do not allow the exclusion of certain warranties or limitation of incidental or consequential damages; in such cases the above limitations may not apply to you in their entirety.
TEAMO AND AFFILIATES EXPRESSLY DISCLAIM ANY LIABILITY THAT MAY ARISE BETWEEN USERS OF ITS TEAMO PLATFORM. TEAMO AND AFFILIATES ALSO DO NOT ACCEPT ANY LIABILITY WITH RESPECT TO THE QUALITY OR FITNESS OF ANY WORK OR SERVICES PERFORMED VIA THE TEAMO PLATFORM.
IF, NOTWITHSTANDING THE FOREGOING EXCLUSIONS, IT IS DETERMINED THAT TEAMO AND AFFILIATES OR THEIR CORPORATE PARTNERS ARE LIABLE FOR DAMAGES, IN NO EVENT WILL THE AGGREGATE LIABILITY, WHETHER ARISING IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EXCEED THE TOTAL FEES PAID BY YOU FOR THE CONTRACTOR’S SERVICES (IF YOU ARE A CLIENT) OR TOTAL SERVICE PAYMENTS PAID TO YOU BY CLIENTS (IF YOU ARE A CONTRACTOR), DURING THE 6 MONTHS PRIOR TO THE TIME SUCH CLAIM AROSE, TO THE EXTENT PERMITTED BY APPLICABLE LAW.
You hereby agree to indemnify, defend, and hold harmless Teamo and Affiliates from and against any and all Liabilities incurred in connection with (i) your use or inability to use, or your participation on, the Teamo Platform; (ii) your participation in Services, or your ability or inability to perform or obtain the performanceof Services or to receive payment therefore; (iii) your breach or violation of the Agreement; (iv) your violation of any law, or the rights of any User or third-party; (v) your failure to abide by your representations and warranties in Section 2; (vi) any content submitted by you or using your account to the Teamo Platform, including but not limited to the extent such content may infringe on the intellectual rights of a third-party or otherwise be illegal or unlawful; (vii) if you are a Client, the acts or omissions of any Client’s Agents; and (viii) if you are a Contractor, the acts or omissions of any Contractor Assistants. Teamo reserves the right, in its own sole discretion, to assume the exclusive defense and control of any matter otherwise subject to your indemnification. You will not, in any event, settle any claim or matter without the prior written consent of Teamo.
The following applies to any App accessed through or downloaded from the Apple App Store (an “ App Store-Sourced Application”):
You acknowledge and agree that (i) the Agreement is entered into between you and Teamo only, and Apple is not a party to the Agreement other than as third-party beneficiary as contemplated below, and (ii) Teamo, not Apple, is solely responsible for the App Store-Sourced Application and content thereof. Your use of the App Store-Sourced Application must comply with the App Store Terms of Service.
You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App Store-Sourced Application.
In the event of any failure of the App Store-Sourced Application to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the App Store-Sourced Application to you and, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App Store-Sourced Application. As between Teamo and Apple, any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be the sole responsibility of Teamo, subject at all times to warranty limitations and exclusions set forth in the Agreement.
You and Teamo acknowledge that, as between Teamo and Apple, Apple is not responsible for addressing any claims you have or any claims of any third-party relating to the App Store-Sourced Application or your possession and use of the App Store-Sourced Application, including, but not limited to: (i) product liability claims; (ii) any claim that the App Store-Sourced Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
You and Teamo acknowledge that, in the event of any third-party claim that the App Store-Sourced Application or your possession and use of that App Store-Sourced Application infringes that third-party’s intellectual property rights, as between Teamo and Apple, Teamo (and not Apple) will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim, though only to the extent required by the Agreement.
You and Teamo acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of the Agreement as related to your license of the App Store-Sourced Application, and that, upon your acceptance of the terms and conditions of the Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce the Agreement as related to your license of the App Store-Sourced Application against you as a third-party beneficiary thereof.Without limiting any other terms of the Agreement, you must comply with all applicable third-party terms of agreement when using the App Store-Sourced Application.
You acknowledge that by voluntarily providing your telephone number(s), you expressly agree to receive calls or text messages (which may include prerecorded voice messages, and/or autodialed calls) from Teamo and Affiliates, or from independent contractors (including Contractors) related to promotions, your account, registration, onboarding, upcoming or scheduled Services, changes and updates, service outages, follow ups to any push notifications delivered through our Apps, any transaction with Teamo, and/or your relationship with Teamo. You acknowledge that automated calls or text messages may be made to your telephone number(s) even if your telephone number(s) is registered on any state or federal Do Not Call list. You agree that Teamo may obtain, and you expressly agree to be contacted at, any email addresses, mailing addresses, or phone numbers provided by you at any time or obtained through other lawful means, such as skip tracing, caller ID capture, or other means. You agree to receive automated calls and text messages from Teamo and Affiliates, or from independent contractors (including Contractors) even if you cancel your account or terminate your relationship with Teamo, except if you opt-out. You understand that you do not have to agree to receive automated promotional calls/texts as a condition of purchasing any goods or services. Message frequency varies. Carriers are not liable for delayed or undelivered messages. To opt-out, please see the Opt-Out Instructions below.
Your consent to receive automated calls and texts is completely voluntary. You may opt-out at any time. To opt-out of text messages, text STOP to any text message you receive or email opt-out-texts@teamodelivery.com and specify that you want to opt out of text messages. You may also text HELP for help. You acknowledge and agree to accept a final text message confirming your opt-out. To opt-out of automated voice calls (not text messages), you must provide Teamo with written notice to opt-out-texts@teamodelivery.com evoking your consent to receiving automated calls; in that written notice, you must include your full name, mailing address, account number, and the specific phone number(s) for which you wish to stop automated calls. It is your sole responsibility to notify Teamo if you no longer want to receive automated calls or text messages. You waive any rights to bring claims for unauthorized or undesired calls or text messages by failing to opt-out immediately or by failing to follow these instructions. Please allow up to thirty (30) days to process any opt-out request. Please note that if you opt out of automated calls or text messages, we reserve the right to make non-automated calls to you.
There is no fee to receive automated telephone calls or text messages from Teamo, Affiliates, and independent contractors (including Contractors). However, you may incur a charge for these calls or text messages from your telephone carrier, which is your sole responsibility. Check your telephone plan and contact your carrier for details. You represent and warrant that you are authorized to incur such charges and acknowledge that Teamo and its agents, Affiliates, and independent contractors (including Contractors) are not responsible for such charges.
You must notify Teamo immediately of any breach of security or unauthorized use of your telephone device. Although Teamo and Affiliates, and independent contractors (including Contractors) will not be liable for losses caused by any unauthorized use of your telephone device, you may be liable for our losses due to such unauthorized use.
You agree to indemnify Teamo and Affiliates, and independent contractors (including Contractors) for any privacy, tort or other claims, including claims under the Federal Telephone Consumer Protection Act or its state law equivalent, relating to your voluntary provision of a telephone number that is not owned by you and/or your failure to notify Teamo of any changes in your contact information, including telephone number. You agree to indemnify, defend and hold Teamo and Affiliates harmless from and against any and all such claims, losses, liability, costs and expenses (including reasonable attorneys’ fees). Teamo shall have the exclusive right to choose counsel, at your expense, to defend any such claims.
You are responsible for obtaining and maintaining all telephone devices and other equipment and software, and all internet service provider, mobile service, and other services needed to receive calls and text messages. Text messaging may only be available with select carriers with compatible handsets. Your obligations under this Section 19 will survive termination of these Terms of Service.
No agency, partnership, joint venture, employer-employee or franchiser-franchisee relationship is intended or created by the Agreement.
TO THE EXTENT APPLICABLE, YOU HEREBY WAIVE THE PROTECTIONS OF CALIFORNIA CIVIL CODE § 1542, WHICH READS AS FOLLOWS:
“A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.”
If you are not a California resident, you waive your rights under any statute, regulation, or common law principle similar to Section 1542 that governs your rights in the jurisdiction of your residence.
In consideration of the services provided by Teamo, you hereby release Teamo from any and all claims, causes of action, lawsuits, injuries, damages, losses, liabilities or other harms resulting from or relating to telephone calls or text messages, including without limitation any claims, causes of action, or lawsuits based on any alleged violations of the law (including, without limitation, the Telephone Consumer Protection Act, Truth in Caller ID Act, Telemarketing Sales Rule, Fair Debt Collection Practices Act, or any similar state and local acts or statutes, and any federal or state tort or consumer protection laws).Teamo and Affiliates cannot and do not guarantee that any personal information supplied by you will not be misappropriated, intercepted, deleted, destroyed or used by others.
Failure by Teamo to enforce any provision(s) of the Agreement will not be construed as a waiver of any provision or right. The Agreement constitutes the complete and exclusive agreement between you and Teamo with respect to its subject matter, and supersedes and governs any and all prior agreements or communications except as otherwise specified in the Arbitration Agreement in Section 28. However, the Agreement does not supersede other agreements about other subject matter that you may have with Teamo. The provisions of the Agreement are intended to be interpreted in a manner which makes them valid, legal, and enforceable. Except for the “Prohibition of Class Actions and Non-Individualized Relief” provision in Section 28 below, in the event any provision is found to be partially or wholly invalid, illegal or unenforceable, (1) such provision shall be modified or restructured to the extent and in the manner necessary to render it valid, legal, and enforceable, or (2) if such provision cannot be so modified or restructured, it shall be excised from the Agreement without affecting the validity, legality or enforceability of any of the remaining provisions. You hereby acknowledge and agree that we may assign or transfer the Agreement without your consent, including but not limited to assignments to: (i) a parent or subsidiary, (ii) an acquirer of assets, or (iii) any other successor or acquirer. Upon the effective date of the assignment of the Agreement (a) Teamo shall be relieved of all rights, obligations and/or liabilities to you arising in respect of events postdating the effective date of the assignment, and (b) the assignee entity shall replace Teamo for the performance of the Agreement. The Agreement may not be assigned or transferred by you without our prior written approval. Any assignment, or attempt by you to transfer any of the rights, duties or obligations hereunder, in violation of this Section 22 shall be null and void. The Agreement will inure to the benefit of Teamo, its successors and assigns. All parts of the Agreement which by their nature should survive the expiration or termination of the Agreement shall continue in full force and effect subsequent to and notwithstanding the expiration or termination of the Agreement or your use of the Teamo Platform.
Contractors alone are responsible for identifying and obtaining any required licenses, permits, or registrations before offering and undertaking Services. If you have questions about how applicable laws apply to your Services, you should first seek appropriate legal guidance.
Teamo does not employ Contractors. Teamo does not supervise, scope, direct, control, or monitor a Contractor’s work or performance of Services. Clients may wish to discuss with Contractor any specific hazards, obstacles, or impediments in the Service location (both visible and concealed) that may impact the performance of the Service. Teamo is not responsible for and will not be liable for workers’ compensation or any tax payments or withholding, including but not limited to unemployment or employment insurance, social security, disability insurance or any other applicable federal or state withholdings in connection with a User’s use of the Teamo Platform. Contractor is responsible for paying taxes on Contractor’s income.
Teamo reserves the right, at its sole and absolute discretion, to change, modify, add to, supplement, suspend, discontinue, or delete any of the terms and conditions of the Agreement (including the Terms of Service and Privacy Policy) and review, improve, modify or discontinue, temporarily or permanently, theTeamo Platform or any content or information through the Teamo Platform at any time, effective with or without prior notice and without any liability to Teamo. Teamo may also impose limits on certain features or restrict your access to part or all of the Teamo Platform without notice or liability.
Teamo will endeavor to notify you of material changes to the Agreement by email, but will not be liable for any failure to do so. If any future changes to the Agreement are unacceptable to you or cause you to no longer be in compliance with the Agreement, you must deactivate your account, and immediately stop using the Teamo Platform. Your continued use of the Teamo Platform following any revision to the Agreement constitutes your complete and irrevocable acceptance of any and all such changes, except where prohibited by any laws or regulations in your jurisdiction.
Teamo reserves the right to modify or discontinue, temporarily or permanently, all or any portion of the Teamo Platform at its sole discretion. Teamo will provide you with notice of any such modification or discontinuation as required by law. To the extent permitted by law, Teamo shall not be liable to you for any modification or discontinuance of all or any portion of the Teamo Platform. Teamo has the right to restrict anyone from completing registration as a User if, in our discretion, such person may threaten the safety and integrity of the Teamo Platform, or if such restriction is necessary to address any other reasonable business concern.
The provisions of the Agreement are for the sole benefit of you and Teamo and their permitted successors and assigns, and they will not be construed as conferring any rights to any third-party (including any third-party beneficiary rights except as set forth in Section 18) or to give any person or entity other than the User any interest, remedy, claim, liability, reimbursement, claim of action or any other claim of action with respect to or in connection with any agreement or provision contained herein or contemplated hereby. None of the terms of the Agreement are enforceable by any persons who are not a party to the Agreement, provided, however, that a Client’s Agent may act in the name of and on behalf of his/her Client.
You consent to receive any agreements, notices, disclosures and other communications (collectively, “Notices”) to which the Agreement refers electronically, including without limitation by email or by posting Notices on the Sites. You agree that all Notices that we provide to you electronically satisfy any legal requirement that such communications be in writing. Unless otherwise specified in the Agreement, all Notices under the Agreement will be in writing and will be deemed to have been duly given when received, if personally delivered or sent by certified or registered mail, return receipt requested; when receipt is electronically confirmed, if transmitted by facsimile or email; or the day it is shown as delivered by the overnight delivery service’s tracking information, if sent for next day delivery by a recognized overnight delivery service.
If you have any questions about these Terms of Service or about the Teamo Platform, please contact us here or by mail to Teamo US, LLC, P.O. Box 530225, Atlanta, GA 30353-0225.
By using the Teamo Platform, you agree to transact electronically through the Teamo Platform. You also agree to the following: (i) your electronic signature is the legal equivalent of your manual signature and has the same legal effect, validity and enforceability as a paper-based signature; (ii) your use of a keypad, mouse or other device to select an item, button, icon or similar act/action, constitutes your signature as if actually signed by you in writing; and (iii) no certification authority or other third-party verification is necessary to validate your electronic signature, and the lack of such certification or third-party verification will not in any way affect the enforceability of your electronic signature.
To expedite resolution and reduce the cost of any dispute or claim related to, arising from or regarding your use of the Teamo Platform, your relationship with Teamo or its Affiliates, the Services, or the Agreement, you and Teamo agree to first attempt to seek to negotiate resolution of the dispute or claim for at least 30 days before initiating legal action. Such negotiation will commence upon written notice. Your address for such notices is the one associated with your account, with an email copy to the email address you have provided to Teamo.
Teamo’s address for such notice is: Teamo US, LLC, P.O. Box 530225, Atlanta, GA 30353-0225, Attention: Legal.
PLEASE READ THIS SECTION CAREFULLY — IT AFFECTS YOUR LEGAL RIGHTS AND GOVERNS HOW YOU AND TEAMO CAN BRING CLAIMS COVERED BY THIS ARBITRATION AGREEMENT. THIS SECTION WILL, WITH LIMITED EXCEPTION, REQUIRE YOU AND TEAMO TO SUBMIT CLAIMS TO BINDING AND FINAL ARBITRATION ON AN INDIVIDUAL BASIS.
BY ENTERING INTO THE AGREEMENT, YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND AND AGREE, WITHOUT LIMITATION OR QUALIFICATION, TO BE BOUND BY THE AGREEMENT AND YOU ACCEPT ALL OF ITS TERMS.
Teamo’s address for such notice is: Teamo US, LLC, P.O. Box 530225, Atlanta, GA 30353-0225, Attention: Legal.
(a) Agreement to Binding Arbitration
IN EXCHANGE FOR THE BENEFITS OF THE SPEEDY, ECONOMICAL, AND IMPARTIAL DISPUTE RESOLUTION PROCEDURE OF ARBITRATION, YOU AND TEAMO MUTUALLY AGREE TO WAIVE YOUR RESPECTIVE RIGHTS TO RESOLUTION OF ALL DISPUTES OR CLAIMS COVERED BY THIS ARBITRATION AGREEMENT IN A COURT OF LAW BY A JUDGE OR JURY AND AGREE TO RESOLVE ANY DISPUTES BY BINDING ARBITRATION ON AN INDIVIDUAL BASIS AS SET FORTH HEREIN AND TO THE FULLEST EXTENT PERMITTED BY LAW.
This agreement to arbitrate (“Arbitration Agreement”) is governed by the Federal Arbitration Act (“FAA”) and survives the termination of the Agreement and your relationship with Teamo.To the fullest extent permitted by applicable law, you and Teamo agree to arbitrate any and all disputes and claims (collectively, “Claim” or “Claims”) relating to, arising from or regarding your use of the Teamo Platform, your relationship with Teamo or its Affiliates, the Services, or the Agreement, including Claims by Teamo, Claims against Teamo and Claims against Teamo’s Affiliates (including parent companies).
To the fullest extent permitted by applicable law, this includes, but is not limited to, claims related to payments, any city, county, state or federal wage and hour law, compensation, meal or rest breaks, expense reimbursement, wrongful termination, discrimination, harassment, retaliation, fraud, defamation, trade secrets, unfair competition, personal injury, property damage or loss, emotional distress, any promotions or offers made by Teamo; breach of any express or implied contract or breach of any express or implied covenant; claims arising under federal or state consumer protection laws; claims arising under antitrust laws; claims arising under the Telephone Consumer Protection Act and Fair Credit Reporting Act; claims arising under the Fair Labor Standards Act, Civil Rights Act, Uniform Trade Secrets Act, Americans With Disabilities Act, Age Discrimination in Employment Act, Older Workers Benefit Protection Act, Family Medical Leave Act, Employee Retirement Income Security Act, and state or local statutes, if any, addressing the same or similar subject matters; and all other federal, state or local statutory and common law claims.
If there is a dispute about the arbitrability of any claim (including about the formation, scope, applicability, interpretation, validity, and enforceability of this Arbitration Agreement), you and Teamo agree that this threshold dispute shall be resolved by the arbitrator, except as expressly provided below.
YOU ACKNOWLEDGE AND UNDERSTAND THAT YOU AND TEAMO ARE WAIVING THE RIGHT TO SUE IN COURT OR HAVE A JURY TRIAL FOR ALL DISPUTES AND CLAIMS, UNLESS EXPRESSLY EXCLUDED IN THIS ARBITRATION AGREEMENT. THIS ARBITRATION AGREEMENT IS INTENDED TO REQUIRE ARBITRATION OF EVERY CLAIM OR DISPUTE THAT CAN LAWFULLY BE ARBITRATED, EXCEPT THOSE CLAIMS AND DISPUTES THAT, BY THE TERMS OF THIS ARBITRATION AGREEMENT, ARE EXPRESSLY EXCLUDED FROM THE REQUIREMENT TO ARBITRATE.
(b) Prohibition of Class Actions and Non-Individualized Relief
Except as otherwise required under applicable law, you and Teamo agree that any arbitration will be limited to the Claim between Teamo (and/or, if applicable, its Affiliates) and you individually. YOU ACKNOWLEDGE AND AGREE THAT YOU AND TEAMO ARE EACH WAIVING THE RIGHT TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION LAWSUIT, COLLECTIVE ACTION LAWSUIT, CLASS-WIDE ARBITRATION, OR ANY OTHER REPRESENTATIVE PROCEEDING (“Class Action Waiver”). Further, unless both you and Teamo otherwise agree, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of any class or representative proceeding. The arbitrator shall have no authority to consider or resolve any Claim or issue any relief on any basis other than an individual basis. Notwithstanding the foregoing, this Class Action Waiver shall not apply to California Private Attorney General Act Claims, which are addressed separately below.
Notwithstanding any other provision of the Agreement, the Arbitration Agreement or the AAA Rules, disputes regarding the scope, applicability, enforceability, revocability, or validity of the Class Action Waiver may be resolved only by a civil court of competent jurisdiction and not by an arbitrator. In any casein which: (i) the Claim is filed as a class, collective, or representative action and (ii) there is a final judicial determination that the Class Action Waiver is unenforceable as to any Claims, then those Claims shall be severed from any remaining Claims and may remain in a civil court of competent jurisdiction, but the Class Action Waiver shall be enforced in arbitration on an individual basis as to all other Claims to the fullest extent possible.
(c) Representative PAGA Waiver
Notwithstanding any other provision of the Agreement, the Arbitration Agreement or the AAA Rules, to the fullest extent allowed by law: (1) you and Teamo agree not to bring a representative action on behalf of others under the California Private Attorneys General Act (“PAGA”), California Labor Code § 2698 et seq., in any court or in arbitration, and (2) for any claim brought on a private attorney general basis, including under PAGA, both you and Teamo agree that any such Claim shall be resolved in arbitration on an individual basis only (i.e., to resolve whether you have personally been aggrieved or subject to any violations of law), and that such an action may not be used to resolve the claims or rights of other individuals in a single or collective proceeding (i.e., to resolve whether other individuals have been aggrieved or subject to any violations of law) (collectively, “Representative PAGA Waiver” ).
Notwithstanding any other provision of the Agreement, the Arbitration Agreement or the AAA Rules, disputes regarding the scope, applicability, enforceability, revocability, or validity of this Representative PAGA Waiver may be resolved only by a civil court of competent jurisdiction and not by an arbitrator. If any provision of this Representative PAGA Waiver is found to be unenforceable or unlawful for any reason: (i) the unenforceable provision shall be severed from the Agreement; (ii) severance of the unenforceable provision shall have no impact whatsoever on the Arbitration Agreement or the requirement that any remaining Claims be arbitrated on an individual basis pursuant to the Arbitration Agreement; and (iii) any such representative PAGA or other representative private attorneys general act Claims must be litigated in a civil court of competent jurisdiction and not in arbitration. To the extent that there are any Claims to be litigated in a civil court of competent jurisdiction because a civil court of competent jurisdiction determines that the Representative PAGA Waiver is unenforceable with respect to those Claims, the parties agree that court litigation of those Claims shall be stayed pending the outcome of any individual Claims in arbitration.
(d) Rules and Logistics Governing Arbitration
In order to initiate arbitration, a claim must be filed with the American Arbitration Association (“ AAA”) and the written Demand for Arbitration (available at www.adr.org) must be provided to the other party. The arbitration will be commenced and conducted under the AAA Rules in effect at the time the arbitration is initiated and modified by the terms set forth in the Agreement, 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 or by calling the AAA at 1-800-778-7879. Notwithstanding the foregoing, if requested by you and if proper based on the facts and circumstances of the Claims presented, the arbitrator shall have the discretion to select a different set of AAA Rules. You and Teamo agree that the arbitration shall be administered before a single arbitrator mutually agreed upon by the parties, and if the parties cannot agree within 30 days after names of potential arbitrators have been proposed, then by a single arbitrator who is chosen by the AAA.
As part of the arbitration, the parties will have the opportunity for reasonable discovery of non-privileged information that is relevant to the Claim(s). The arbitrator may award any individualized remedies that would be available in court. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual Claims. The arbitrator will provide a reasoned written statement of the arbitrator’s decision, which shall explain the award given and the findings and conclusions on which the decision is based.
The arbitrator will decide the substance of all Claims in accordance with applicable law, and will honor all claims of privilege recognized by law. The arbitrator’s award shall be final and binding and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.
Your arbitration fees and your share of arbitrator compensation will be governed by the AAA Rules (and, where appropriate, limited by the AAA Consumer Rules) subject to the following modifications:
(i) If Teamo initiates arbitration under this Arbitration Agreement, Teamo will pay all AAA filing and arbitration fees.
(ii) If a Client or Contractor files a Claim in accordance with this Arbitration Agreement and the associated claim for damages does not exceed USD $10,000, Teamo will pay all AAA filing and arbitration fees unless the arbitrator finds that either the substance of your claim or the relief sought in your Demand for Arbitration was frivolous or was brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)).
(iii) If a Client or Contractor files a Claim in accordance with this Arbitration Agreement and the associated claim for damages exceeds USD $10,000, Teamo shall pay all costs unique to arbitration (as compared to the costs of adjudicating the same claims before a court), including the regular and customary arbitration fees and expenses, and the Client or Contractor shall be responsible for contributing up to an amount equal to the filing fee that would be paid to initiate the claim in the court of general jurisdiction in the state in which the Service was performed, unless a lower fee amount would be owed by you as required by law or the applicable AAA Rules. Any dispute as to whether a cost is unique to arbitration shall be resolved by the arbitrator. If the arbitrator finds that the substance of your claim or the relief sought is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), however, then the allocation of fees will be governed by the applicable AAA Rules.
(iv) Except as required by law or the applicable AAA Rules, each party shall pay its own attorneys’ fees and pay any costs that are not unique to the arbitration (i.e., costs that each party would incur if the Claim(s) were litigated in a court, such as costs to subpoena witnesses and/or documents, take depositions and purchase deposition transcripts, copy documents, etc.).
(v) At the conclusion of any arbitration, the arbitrator may award reasonable fees and costs or any portion thereof to the prevailing party, to the extent authorized by applicable law or the applicable AAA Rules.
Unless you and Teamo agree otherwise, any arbitration hearings with a Contractor will take place in the county of the Contractor’s billing address, and any arbitration hearings with a Client will take place in the county in which the Client received Service services. If AAA arbitration is unavailable in your county, the arbitration hearings will take place in the nearest available location for a AAA arbitration.
(e) Exceptions to Arbitration
The Arbitration Agreement shall not require arbitration of the following types of claims:
Nothing in this Arbitration Agreement prevents you from making a report to or filing a claim or charge with the Equal Employment Opportunity Commission, U.S. Department of Labor, Securities Exchange Commission, National Labor Relations Board, or Office of Federal Contract Compliance Programs, or a similar local, state or federal agency, and nothing in this Arbitration Agreement shall be deemed to preclude or excuse a party from bringing an administrative claim before any agency in order to fulfill the party’s obligation to exhaust administrative remedies before making a claim in arbitration. The Agreement and Arbitration Agreement do not prevent you from participating in an investigation by a government agency of any report, claim or charge otherwise covered by this Arbitration Agreement and do not prevent you from receiving an award for information provided to any government agencies.
(f) Severability
In addition to the severability provisions in subsections (b) and (c), in the event that any portion of this Arbitration Agreement is deemed illegal or unenforceable under applicable law not preempted by the FAA, such provision shall be severed and the remainder of the Arbitration Agreement shall be given full force and effect.
(g) Opt Out of Arbitration Agreement
If you are a Contractor, you may opt out of the Arbitration Agreement by notifying Teamo in writing within 30 days of your agreement to these Terms of Service. To opt out, you must send a signed written notification to Teamo US, LLC, P.O. Box 530225, Atlanta, GA 30353-0225, Attention: Legal, that includes (a) your account username, (b) your name, (c) your address, (d) your telephone number, (e) your email address, and (f) a clear statement indicating that you wish to opt out of the Arbitration Agreement.
Except as expressly provided otherwise, the Agreement and your use of the Teamo Platform will be governed by, and will be construed under, the laws of the State of California, without regard to choice of law principles. This choice of law provision is only intended to specify the use of California law to interpret the Agreement and is not intended to create any substantive right to non-Californians to assert claims under California law whether by statute, common law, or otherwise.
I HEREBY ACKNOWLEDGE THAT I HAVE READ AND UNDERSTAND THE FOREGOING TERMS OF SERVICE, AS WELL AS THE PRIVACY POLICY, AND AGREE THAT MY USE OF THE TEAMO PLATFORM IS AN ACKNOWLEDGMENT OF MY AGREEMENT TO BE BOUND BY THE TERMS AND CONDITIONS OF THE AGREEMENT.
