User Agreement Contract

Updated February 28, 2019

Welcome to teammarketing.com, a digital sports business news, information and interaction service. Team Marketing Report and teammarketing.com (hereafter referred to as “TMR,” “Us,” “We” or any other first-person pronoun or possessive such as “Our”) is a company that provides resources around the business of sports and is owned and operated by Anodyne Ventures LLC (“Anodyne”).

The following User Agreement (“User Agreement” or “Contract”) controls the users use of teammarketing.com and all of the associated subdomains, as well as any and all content that TMR may make available through any related platforms. All of the subdomains and “Content” that may be provided will be collectively referred from this point forward as part of “teammarketing.com,” “Site” or “Content.”

All individuals or entities that access TMR Content or use the Site are hereafter referred to as “User” and “You” (or possessive “Your”). By accessing or using the Site and any Content or Services provided within the Site, you signify that you have read, understand and agree to be bound by this Contract. Please read the Contract in its entirety.

When you use our Services you agree to all of these terms. Your use of our Services is also subject to our Cookie Policy (below) and Privacy Policy (below) which cover how we collect, use, share and store your personal information.

You agree that by accessing or using the Site and any content or Services provided, including clicking “Join Now,” “Upgrade Now,” “Sign Up” (or similar), or by registering, accessing or using our Services (described below), you are agreeing to enter into a legally binding contract with TMR (even if you are using our Services on behalf of a company).

If you do not agree to this contract (“Contract” or “User Agreement”), do NOT click “Join Now” (or similar) and do not access or otherwise use any of our Services. If you wish to terminate this contract, at any time you can do so by closing your account and no longer accessing or using our Services.

  1. Services

This Contract applies to teamarketing.com, TMR-branded apps, TMR Insider and other TMR-related sites, apps, communications and other services that state that they are offered under this Contract (“Services”), including the offsite collection of data for those Services, including ads or plugins such as “Apply with TMR” or “Share with TMR.”

Registered users of our Services are “Members” and unregistered users are “Visitors.” This Contract applies to both Members and Visitors.

  1. Updates

TMR reserves the right, at any time, to make any necessary changes or updates to this Contract without prior notice. Any such modifications take effect immediately upon publishing on teammarketing.com. You should review this Contract occasionally as you are bound by this Contract. Continued use of teammarketing.com establishes that you acknowledge and agree to be bound by this Contract. Except as otherwise provided, this Contract may not be amended. You understand and agree that TMR may electronically provide you this Contract either through posting links on teammarketing.com or through e-mail agreements, invoices or any other official communication regarding your relationship with TMR. You also consent to receipt of any of these official communications electronically.

  1. Applicable Laws

You are required to comply with all applicable laws in connection with your use of the Site. By accessing the Site you confirm that you will not use the Site for any purpose that is either unlawful or prohibited by this Contract. TMR does and will not grant you express or implied rights to access or use the Site for any other purpose. More specifically, you may not sell, lease or rent access to the Site or the services as part of TMR or the Site.

You agree to not use any content found on the Site in a way that might cause confusion among consumers, or in a way that disparages or discredits TMR. The use of content found on the Site on a platform not associated with TMR is prohibited without express written consent.

  1. Eligible Users

To use TMR Services, you agree that: (1) you must be the “Minimum Age” (described below) or older; (2) you will only have one TMR User Profile account (“Profile”), and/or one Company Entity account, if applicable, which must be in your real name; and (3) you have not already been restricted from using the Services by TMR. Creating an account with false information is a violation of this Contract, including accounts registered on behalf of others or persons under the age of 16.

“Minimum Age” means 16 years old. However, if law requires that you must be older in order for TMR to lawfully provide the Services to you without parental consent (including using of your personal data) then the Minimum Age is such older age.

  1. Sharing, Privacy and Accuracy

When you share information on our Services, others may be able to see, copy and use that information.

Our Services allow messaging and sharing of information in many ways, such as your profile, links to news articles, job postings and blogs. Information and content that you share or post may be seen by other Members, Visitors or others (including off of the Services). Where we have made settings available, we will honor the choices you make about who can see content or information (e.g., message content to your addressees, sharing content only to TMR Member connections, restricting your profile visibility from search engines, or opting not to notify others of your Profile update).

For job searching activities, we will default to not notifying your connections network or the public. If you apply for a job through our Service or opt to signal that you are interested in a job, our default is to share it only with the job poster.

We are not obligated to publish any information or content on our Service and can remove it at our sole discretion, with or without notice.

You and TMR agree that if content includes personal data, it is subject to our below Privacy Policy.

You and TMR agree that we may access, store, process and use any information and personal data that you provide in accordance with the terms of the Privacy Policy and your choices (including settings).

By submitting suggestions or other feedback regarding our Services to TMR, you agree that TMR can use and share (but is not required to) such feedback for any purpose without compensation to you.

You promise to only provide information and content that you have the right to share, and that your Profile will be truthful.

You agree to only provide content or information that does not violate the law nor anyone’s rights (including intellectual property rights). You also agree that your profile information will be truthful. TMR may be required by law to remove certain information or content in certain countries.

  1. Your Profile

Members are account holders. You agree to: (1) try to choose a strong and secure password; (2) keep your password secure and confidential; (3) not transfer any part of your account (e.g., connections) and (4) follow the law and our list of Do’s and Don’ts and Community Guidelines & Policies. You are responsible for anything that happens through your Profile and Account unless you close it or report misuse.

You will not share a Profile or Account with anyone else and will follow our rules and the law.

  1. Rights

TMR authorizes you to access the Content made available on teammarketing.com solely for your personal use. The contents of the Site and all other subdomains owned by TMR are protected by both United States and foreign copyright law. Unauthorized use of content from the Site or other TMR property may violate these laws and is strictly prohibited.

The logos, service marks and trade names are encompassed by “Trademarks.” Unregistered marks owned by TMR may not be used in violation of those rights. TMR does not grant any other party the right to use any of these Trademarks without express written consent.

  1. Fees

You acknowledge that TMR may change, suspend or end any Service, or change and modify prices at our discretion. To the extent allowed under law, these changes may be effective upon notice provided to you.

We may change or discontinue any of our Services. We don’t promise to store or keep showing any information and content that you have posted.

TMR is not a storage service. You agree that we have no obligation to store, maintain or provide you a copy of any content or information that you or others provide, except to the extent required by applicable law and as noted in our Privacy Policy.

  1. Automated Processing

We may use data and information about you to make relevant suggestions to you and others. We will use the information and data that you provide and that we have about Members to make recommendations for connections, content and features that may be useful to you. Keeping your profile accurate and up-to-date helps us make these recommendations more accurate and relevant.

  1. Limits

We have the right to limit how you connect and interact on our Services. TMR reserves the right to limit your use of the Services, including the number of your connections, your ability to contact other Members and the number of posts. TMR reserves the right to restrict, suspend or terminate your account if TMR believes that you may be in breach of this Contract or law or are misusing the Services (e.g., violating any of the TMR Community Guidelines & Policies below).

  1. Disclaimer and Liability Limitation

11.1 No Warranty

This is our disclaimer of legal liability for the quality, safety, or reliability of our Services.

TO THE EXTENT ALLOWED UNDER LAW, TMR AND ITS AFFILIATES (AND THOSE THAT TMR WORKS WITH TO PROVIDE THE SERVICES):

(A) DISCLAIM ALL IMPLIED WARRANTIES AND REPRESENTATIONS (E.G. WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY OF DATA, AND NONINFRINGEMENT);

(B) DO NOT GUARANTEE THAT THE SERVICES WILL FUNCTION WITHOUT INTERRUPTION OR ERRORS; AND

(C) PROVIDE THE SERVICE (INCLUDING CONTENT AND INFORMATION) ON AN “AS IS” AND “AS AVAILABLE” BASIS.

SOME LAWS DO NOT ALLOW CERTAIN DISCLAIMERS, SO SOME OR ALL OF THESE DISCLAIMERS MAY NOT APPLY TO YOU.

11.2 Exclusion of Liability

These are the limits of legal liability we may have to you.

TO THE EXTENT PERMITTED UNDER LAW (AND UNLESS TMR HAS ENTERED INTO A SEPARATE WRITTEN AGREEMENT THAT OVERRIDES THIS CONTRACT), TMR AND ITS AFFILIATES (AND THOSE THAT TMR WORKS WITH TO PROVIDE THE SERVICES) SHALL NOT BE LIABLE TO YOU OR OTHERS FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF DATA, OPPORTUNITIES, REPUTATION, PROFITS OR REVENUES, RELATED TO THE SERVICES (E.G. OFFENSIVE OR DEFAMATORY STATEMENTS, DOWN TIME OR LOSS, USE OF, OR CHANGES TO, YOUR INFORMATION OR CONTENT).

IN NO EVENT SHALL THE LIABILITY OF TMR AND ITS AFFILIATES (AND THOSE THAT TMR WORKS WITH TO PROVIDE THE SERVICES) EXCEED, IN THE AGGREGATE FOR ALL CLAIMS, AN AMOUNT THAT IS THE LESSER OF (A) FIVE TIMES THE MOST RECENT MONTHLY OR YEARLY FEE THAT YOU PAID FOR A PREMIUM SERVICE, IF ANY, OR (B) US $1000.

THIS LIMITATION OF LIABILITY IS PART OF THE BASIS OF THE BARGAIN BETWEEN YOU AND TMR AND SHALL APPLY TO ALL CLAIMS OF LIABILITY (E.G. WARRANTY, TORT, NEGLIGENCE, CONTRACT, LAW) AND EVEN IF TMR OR ITS AFFILIATES HAS BEEN TOLD OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF THESE REMEDIES FAIL THEIR ESSENTIAL PURPOSE.

SOME LAWS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY, SO THESE LIMITS MAY NOT APPLY TO YOU.

  1. TMR “Do’s and Don’ts” TMR is a community of sports business professionals.

This list of “Do’s and Don’ts” along with our Community Guidelines & Policies (below) limit what you can and cannot do on our Services.

12.1. Do’s

You agree that you will:

a. Comply with all applicable laws, including, without limitation, privacy laws, intellectual property laws, anti-spam laws, export control laws, tax laws, and regulatory requirements;

b. Provide accurate information to us and keep it updated;

c. Use your real name on your profile; and

d. Use the Services in a professional manner.

12.2. Don’ts

You agree that you will not:

a. Create a false identity on TMR, misrepresent your identity, create a Member profile for anyone other than yourself (a real person), or use or attempt to use another’s account;

b. Develop, support or use software, devices, scripts, robots, or any other means or processes (including crawlers, browser plugins and add-ons, or any other technology) to scrape the Services or otherwise copy profiles and other data from the Services;

c. Override any security feature or bypass or circumvent any access controls or use limits of the Service (such as caps on keyword searches or profile views);

d. Copy, use, disclose or distribute any information obtained from the Services, whether directly or through third parties (such as search engines), without the consent of TMR;

e. Disclose information that you do not have the consent to disclose (such as confidential information of others (including your employer));

f. Violate the intellectual property rights of others, including copyrights, patents, trademarks, trade secrets, or other proprietary rights. For example, do not copy or distribute (except through the available sharing functionality) the posts or other content of others without their permission, which they may give by posting under a Creative Commons license;

g. Violate the intellectual property or other rights of TMR, including, without limitation, (i) copying or distributing our learning videos or other materials or (ii) copying or distributing our technology, unless it is released under open source licenses; (iii) using the word “TMR” or our logos in any business name, email, or URL except as approved in our Brand Guidelines available by emailing help@teammarketing.com;

h. Post anything that contains software viruses, worms, or any other harmful code;

i. Reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for the Services or any related technology that is not open source;

j. Imply or state that you are affiliated with or endorsed by TMR without our express consent (e.g., representing yourself as a TMR researcher);

k. Rent, lease, loan, trade, sell/re-sell or otherwise monetize the Services or related data or access to the same, without TMR’s consent;

l. Use bots or other automated methods to access the Services, add or download contacts, send or redirect messages;

m. Monitor the Services’ availability, performance or functionality for any competitive purpose;

n. Engage in “framing,” “mirroring,” or otherwise simulating the appearance or function of the Services;

o. Overlay or otherwise modify the Services or their appearance (such as by inserting elements into the Services or removing, covering, or obscuring an advertisement included on the Services);

p. Interfere with the operation of, or place an unreasonable load on, the Services (e.g., spam, denial of service attack, viruses, gaming algorithms); and/or

q. Violate the Community Guidelines & Policies (below) or any additional terms concerning a specific Service that are provided when you sign up for or start using such Services

13. Complaints Regarding Content

We respect the intellectual property rights of others. We require that information posted by Members be accurate and not in violation of the intellectual property rights or other rights of third parties. We provide a TMR Content Complaint Process (below) for complaints concerning content posted by our Members.

14. How To Contact Us

If you want to send us notices or service of process, please contact us via EMAIL at help@teammarketing.com OR via MAIL at 1810 N. Rutherford Ave. Chicago, IL 60707.

15. Termination

Both you and TMR may terminate this Contract at any time with notice to the other. On termination, you lose the right to access or use the Services. The following shall survive termination:

  • Our rights to use and disclose your feedback;
  • Members’ and/or Visitors’ rights to further re-share content and information you shared through the Service to the extent copied or re-shared prior to termination;
  • Sections 5, 10, 11 and 12 of this Contract;
  • Any amounts owed by either party prior to termination remain owed after termination.
16. Termination

Both you and TMR may terminate this Contract at any time with notice to the other. On termination, you lose the right to access or use the Services. The following shall survive termination:

  • Our rights to use and disclose your feedback;
  • Members’ and/or Visitors’ rights to further re-share content and information you shared through the Service to the extent copied or re-shared prior to termination;
  • Sections 5, 10, 11 and 12 of this Contract;
  • Any amounts owed by either party prior to termination remain owed after termination.
17. Refunds

If TMR terminates your use of Services due to breach of contract, you will not be entitled to receive any refund. Refunds will only be given if TMR fails to uphold the standards set in a written agreement.

 

TMR Community Guidelines & Policies

Updated February 28, 2019

Team Marketing Report (TMR) strives to be fair, open and expedient with all Members. Countless conversations, messages and shared insights, both public and private, are exchanged on TMR’s Services (defined above in the User Agreement Contract). To ensure these discussions help our Members maximize productivity and success, TMR has put in place these Community Guidelines & Policies outlining the activities that are acceptable on the Services, and what is inappropriate and may be stopped by TMR. These rules are intended to provide guidance and restrictions governing your use of, and participation in, our Services.

  1. Be Honest. Our Members must be real people, providing their real names and 100% accurate information about themselves. You are NOT allowed to provide misleading information about yourself or your qualifications, experience, affiliations or achievements on our Services.
  2. Be Professional. Discussions and interactions around professional activities are essential at TMR. Our Members are expected to behave professionally by not being inappropriate or disrespectful. When creating content on the Services, we ask that you keep your content professional, relevant and on-topic. Do not share false information or use the Services to intimidate others or to attempt to draw attention. You are NOT allowed to share graphic, obscene or pornographic content on the Services.
  3. Be Nice. We work hard to establish and maintain a safe and friendly community for all Members. You are NOT allowed to use the Services to threaten others, to harm their career or business prospects or to air personal grievances and disputes. You are NOT allowed to use the Services to harass, abuse or send other unwelcome communications to people (including, but not limited to romantic advances, sexually explicit content, spam, chain letters, phishing schemes). We will NOT allow hate speech acts, including aggressive language or acts directed at any Member’s race, ethnicity, nationality, gender, sexual orientation, political or religious affiliations, or medical or physical condition. Also, hate groups, terrorists and those who engage in violent crimes are NOT welcome and NOT permitted on the Services.
  4. Respect Others’ Rights and Follow the Law. Before sharing or using someone else’s copyrighted works, trademarks, private information, or trade secrets, please make sure you have the legal right to do so. The Services should not be used for illegal activities, promoting illegal products or to violate the rights of others. Don’t use the Services to commit fraud or to try to trick others. Also, don’t use the Services to intentionally distribute viruses, worms or other software that can destroy or interrupt others’ data or computer devices.
  5. Respect TMR’s Rights. Do NOT violate the rights of TMR. You can find more information about what this means in our User Agreement Contract above. It is also NOT okay to suggest that you are affiliated with or endorsed by TMR when you are not. Do NOT violate our intellectual property rights or interfere with or disrupt the Services.

TMR reserves the right to remove any objectionable content from any of our Services at any time. TMR may suspend or permanently deny access to our Services any Member found to violate the above guidelines. Member fees will NOT be refunded for violation of the TMR Community Guidelines & Policies.

 

TMR Content Complaint Process

Updated February 28, 2019

Complaints regarding intellectual property rights of content posted on Team Marketing Report Site

Team Marketing Report (TMR) respects the intellectual property rights of others and desires to offer a platform without any content that violates those rights. Our User Agreement requires that information posted by Members be accurate, lawful and not in violation of the rights of third parties.

To promote these objectives, we have created the below process for submission of complaints concerning content posted by Members.

Please note that whether or not we disable access to or remove content, TMR may make a good faith attempt to forward the written notification, including the complainant’s contact information, to the Member who posted the content and/or take other reasonable steps to notify the Member that TMR has received notice of an alleged violation of intellectual property rights or other content violation. It is also our policy, in appropriate circumstances and in our discretion, to disable and/or terminate the accounts of Members, or groups as the case may be, who infringe or repeatedly infringe the rights of others or otherwise post unlawful content.

Please note that any notice or counter-notice you submit must be truthful and must be submitted under penalty of perjury. A false notice or counter-notice may give rise to personal liability. You may therefore want to seek the advice of legal counsel before submitting a notice or a counter-notice.

Notice of Copyright Infringement and Digital Millennium Copyright Act

Pursuant to the Digital Millennium Copyright Act (17 U.S.C. Sec. 512), TMR has designated an agent to receive notices of claimed copyright infringement. If you believe that your work has been copied on the Site in a way that constitutes copyright infringement, please provide TMR’s Copyright Agent with the following information:

(1) a description of the copyrighted work that you claim has been infringed;

(2) a description of where the alleged infringing material is located;

(3) your name, address, and daytime telephone number, and an e-mail address if available, so that TMR may contact you if necessary;

(4) a statement that you have a good faith belief that the use of the copyrighted work is not authorized by the copyright owner, its agent or the law;

(5) an electronic or physical signature of the copyright owner or someone authorized on the owner’s behalf to assert infringement of copyright and to submit the statement; and

(6) a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

TMR’s Copyright Agent for notice of claims of copyright infringement may be reached as follows:

TMR Copyright Agent

c/o Anodyne Ventures LLC Legal Department

1810 N. Rutherford Ave.

Chicago, IL  60707

E-mail: admin@teammarketing.com

TMR will remove any content that infringes upon the copyright of any person under the laws of the United States upon receipt of such a statement (or, more specifically, any statement in conformance with 17 U.S.C. § 512(c)(3)). US law provides significant penalties for submitting such a statement falsely.

Upon receipt of the written notification containing the information as outlined in 1 through 6 above:

(1) TMR may remove or disable access to the material that is alleged to be infringing;

(2) TMR may forward the written notification to such alleged infringer; and

(3) TMR may take reasonable steps to promptly notify the alleged infringer that it has removed or disabled access to the material.

Counter-Notification: If the alleged infringer believes that a notice of copyright infringement has been wrongly filed against it and it would like to submit a counter-notification, it may file a Counter-Notification in Response to Claim of Copyright Infringement with TMR’s Copyright Agent. To be effective, a Counter-Notification must be a written communication provided to TMR’s Copyright Agent for Notice that includes the following information:

(1) A physical or electronic signature of the alleged infringer;

(2) Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;

(3) A statement under penalty of perjury that the alleged infringer has a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and

(4) The alleged infringer’s name, address, and telephone number, and a statement that the alleged infringer consents to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if the alleged infringer’s address is outside of the US, for any judicial district in which TMR may be found, and that the alleged infringer will accept service of process from the person who provided notification or an agent of such person.

Upon receipt of a Counter-Notification containing the information as outlined in 1 through 4 above:

(1) TMR may promptly provide you with a copy of the Counter-Notification;

(2) TMR may inform you that it will replace the removed material or cease disabling access to it within ten business days; and

(3) TMR may replace the removed material or cease disabling access to the material within 10-14 business days following receipt of the Counter-Notification, provided TMR’s Copyright Agent for Notice has not received notice from you that an action has been filed seeking a court order to restrain Subscriber from engaging in infringing activity relating to the material on Front Office Sport’s network or system. You may want to seek the advice of independent legal counsel before filing a notification or counter-notification.

Governing Law, Forum and Dispute Resolution

If you believe that you have a dispute, claim or issue against TMR, please contact TMR first. If you wish to file a claim or another form of dispute, you must first notify TMR through a written notice mailed to TMR Dispute c/o Anodyne Ventures LLC Legal Department, 1810 N. Rutherford Ave., Chicago, IL 60707. Written notice must include a description of the dispute or claim as well as information that would allow TMR to contact you. There should be a good faith effort made by both TMR and you to resolve any issues. If 60 days after TMR receives written notification of a claim no resolution is reached, all disputes shall be resolved by arbitration under the rules and auspices of the American Arbitration Association, to be held in Chicago, IL, in English, with a written decision stating the legal reasoning issued by the arbitrator(s) at either party’s request, and with arbitration fees and reasonable attorneys’ fees of both parties to be borne by the party that ultimately loses. TMR may obtain injunctive relief (preliminary or permanent) and orders to compel arbitration or enforce arbitral awards in any court of competent jurisdiction. This Contract of Use are governed by the internal substantive laws of the State of Illinois, without respect to its conflict of laws principles. Jurisdiction for any claims arising under this Contract shall lie exclusively with the state or federal courts within the State of Illinois.