Welcome to our website, Teams.us (“website“). The website and mobile application are owned and operated by The Automatic Office Corp, a Florida corporation with its principal office located at 10470 NW 48th Street, Doral, FL 33178 (“TAO”, “Teams HVACR“, “we“, “us“, “our“).
These terms and conditions apply to your use of our website, software applications, mobile applications, and when you subscribe to, or otherwise use our services.
These terms and conditions comprise the following sections:
2.0. SERVICES TERMS – which apply when subscribing to our Services;
(together the “Terms“).
The Terms form a binding contract between you and us as regarding use and access of the Services. Before subscribing to our Services, please read these Terms carefully. If you do not accept these Terms, you will not be able to fully access our Services and your access will be revoked without notice.
We recommend you print a copy of these Terms for future reference.
If you have any questions or comments regarding these Terms, please contact us at support@Teams.us.
We have developed certain software applications and platforms that we make available to subscribers over the internet via our website or mobile application (collectively, the “Teams HVACR Platform”). These applications, including, among other features, facilitate the connection between industrial and commercial service professionals (“Service Providers”) who provide their services, and industrial and commercial property managers/owners (“Requestors”) who are the persons/entities seeking services from Service Providers. Where an entity subscribes to use the Teams HVACR Platform (either as a Service Professional or as a Requestor) (“Subscribing Entity“), the terms in this section 2 will apply in addition to the other sections of these Terms, and “you” in this context will be deemed a reference to the Subscribing Entity where the context requires.
2.1.1 Service Providers wishing to use the Teams HVACR Platform must complete the online subscription process. Requestors must complete a subscription form offline (“Offline Agreement”), and they and their users (the “Authorized Users”) are bound by that agreement and these Terms. In the event of a conflict between these terms and conditions and the terms of a Requestor’s Offline Agreement, the provisions of the Offline Agreement shall prevail
2.1.2 Subject to these Terms, and provided you have subscribed, Teams HVACR hereby grants to the Subscribing Entity a non-exclusive, non-transferable right, without the right to grant sublicenses, to use (and, in the case of Requestors, permit the Authorized Users to use) the Teams HVACR Platform and its related documentation during the term of the Subscribing Entity’s subscription solely for the Subscribing Entity’s internal business operations.
2.1.3 You shall use all reasonable endeavors to prevent any unauthorized access to, or use of, the Teams HVACR Platform and/or the related documentation and, in the event of you becoming aware of any such actual or suspected unauthorized access or use, shall promptly notify us.
2.1.4 You shall not during the course of your use of the Services (including the Teams HVACR Platform): (a) access, store, distribute or transmit any viruses or other harmful code or similar; or (b) upload, transmit or store any material that: (i) is unlawful, harmful, threatening, defamatory, obscene, infringing, harassing or racially or ethnically offensive; (ii) facilitates illegal activity, depicts sexually explicit images; (iii) promotes unlawful violence; (iv) is discriminatory based on race, gender, color, religious belief, sexual orientation, disability or other prohibited grounds of discrimination; or (v) is otherwise illegal or causes damage or injury to any person or property. We reserve the right, without liability or prejudice to our other rights, to disable your access to the Services or any part thereof if you are in breach of the provisions of this section 4.
2.1.5 You shall not, except where required by applicable law, attempt to copy, modify, duplicate, create derivative works from, frame, mirror, republish, download, display, transmit, or distribute all or any portion of the Services in any form or media or by any means, or attempt to de-compile, reverse compile, disassemble, reverse engineer or otherwise reduce to human-perceivable form all or any part of the Services.
2.1.6 You shall not access all or any part of the Services in order to: (i) build a product or service which competes with the Services; (ii) sell or use the Services and/or related documentation to provide services to third parties; or (iii) license, sell, rent, lease, transfer, assign, distribute, display, disclose, or otherwise commercially exploit, or otherwise make the Services available to any third party except, in the case of Requestors, the Authorized Users.
2.1.7 You shall not (i) permit Authorized Users to share identification and/or password codes with others; or (ii) permit the identification and/or password codes to be cached in proxy servers.
2.1.8 he rights provided under this section 2.1 are only granted to the Subscribing Entity, and shall not be considered granted to any subsidiary or holding company of the Subscribing Entity.
2.2.1 You agree to pay any applicable fees for your use of the Services in accordance with our pricing and payment terms then in effect. We may suspend or terminate your account and/or access to the Services if your payment is late and/or your offered payment method cannot be processed. By providing a payment method, you expressly authorize us to charge the applicable fees on said payment method as well as taxes and other charges incurred thereto, all of which depend on your utilized Services.
2.2.2 If you are a Requestor, you shall pay the relevant subscription fees as set out in your offline agreement with us. If we have not received payment within 30 days after the due date, then without prejudice to our other rights and remedies we may suspend your access to the Services by disabling your account until such time as any outstanding invoices have been paid. IMPORTANT NOTICE: Unless you cancel prior to the expiration of your current subscription term, we will automatically renew your subscription on each yearly anniversary of the date that you subscribed. We will charge your credit card with the applicable renewal subscription fee and any applicable taxes that may be imposed on such fee payments. Subscriptions must be cancelled at least 30 days prior to the expiration of the subscription term to avoid automatic renewal. You may cancel your subscription by following the process outlined in your agreement with us.
2.3.1 You acknowledge and agree that Teams HVACR and/or its licensors own all intellectual property rights (in whatever jurisdiction, and whether past, present or future) in the Services (including the Teams HVACR Platform) and any related documentation, including any modifications of any of the foregoing. Except where expressly granted by Teams HVACR in writing, we do not grant under these Terms or through our provision of the Services (including the Teams HVACR Platform) to you or any individual Authorized Users or otherwise any rights to, under or in, any intellectual property or proprietary rights, or any other licensed rights in respect of the Services or any related documentation. No intellectual property rights in the Services or any of our other intellectual property transfers to you, Authorized Users or any of your representatives pursuant to the Terms or otherwise through your access of the Services.
2.3.2 You are responsible for the information, opinions, messages, comments, photos, and other content or material that you submit, upload, post or otherwise make available on or through the Services (each a “Submission”). You may not upload, post or otherwise make available through the Services any material protected by copyright, trademark, or any other proprietary right without the express permission of the owner of such copyright, trademark or other proprietary right owned by a third party, and the burden of determining whether any material is protected by any such right is on you. You shall be solely liable for any damage resulting from any infringement of copyrights, trademarks, proprietary rights, violation of contract, privacy or publicity rights or any other harm resulting from any Submission that you make. You have full responsibility for each Submission you make, including its legality, reliability and appropriateness.
2.3.4 You agree to pay for all royalties, fees, damages and any other monies owing any person by reason of any Submissions posted by you to or through the Services.
2.3.5 You will not alter, remove, modify or suppress any confidentiality legends or proprietary notices placed on or contained within any part of the Services, including third party legends. You agree to comply with all copyright, trademark, trade secret, patent, contract and other laws necessary to protect all rights in the proprietary interests of us or our representative.
2.3.6 When you provide Submissions you agree that those Submissions shall not be in violation Section 2.1.5 of these Terms. Those prohibitions do not require Teams HVACR to monitor, police or remove any Submissions or other information submitted by you or any other user.
2.4.1 THE SERVICES ARE PROVIDED ON AN “AS IS” BASIS. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, TEAMS HVACR DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
2.4.2 You are solely responsible for the results obtained from the use of the Services and any related documentation, and for any conclusions drawn by such use. We will have no liability for any damage caused by errors of omissions in any such information, instructions, or scripts provided to us by you in connection with the Services, or any actions which we take at your direction.
2.4.3 Notwithstanding the foregoing, Teams HVACR:
184.108.40.206 does not warrant that your use of the Services will be uninterrupted or error-free; or that the Services, and/or the information obtained by you through the Services will meet your requirements; and
220.127.116.11 is not responsible for any delays, delivery failures, or any other loss or damage resulting from the transfer of data over communications networks and facilities, including the internet, and the you acknowledge that the Services and/ or any related documentation may be subject to limitations, delays and other problems inherent in the use of such communications facilities.
2.4.4 You agree to defend, indemnify and hold Teams HVACR and its officers, directors, employees and agents harmless against any claim, loss, cost, expense, demand, liability or damage, including reasonable attorneys’ fees, arising out of (i) your use or access of the Services; (ii) any breach of the Terms; (iii) any abuse or misuse of the access granted to the Services; (iv) any claim alleging that the use of Submission infringes the rights of, or has caused harm, to a third party; (v) the negligence, gross negligence or willful misconduct in the access and/or use of Services.
EXCEPT TO THE EXTENT SUCH LIABILITY CANNOT BE EXCLUDED BY APPLICABLE LAW, YOU AGREE THAT WE SHALL NOT BE LIABLE FOR ANY:
2.5.1 INDIRECT, EXEMPLARY, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGE OR LOSS (WHICH INCLUDES BUT IS NOT LIMITED TO ANY DAMAGES THAT DO NOT ARISE NATURALLY, THAT IS ACCORDING TO THE USUAL COURSE OF THINGS, FROM THE RELEVANT BREACH OR EVENT GIVING RISE TO LIABILITY), IN CONNECTION WITH OR ARISING OUT OF YOUR USE OF OR OUR PERFORMANCE OF OUR SERVICES;
2.5.2 LOSS OF BUSINESS OR BUSINESS OPPORTUNITY, REVENUE, PROFITS, USE, DATA, OR OTHER ECONOMIC ADVANTAGE, WHETHER DIRECT OR INDIRECT, HOWEVER IT ARISES, WHETHER IN CONTRACT OR TORT, EXTRA-CONTRACTUAL LIABILITY, OR OTHERWISE,
IN EACH CASE IN CONNECTION WITH OR ARISING OUT OF YOUR USE OR ACCESS TO OUR SERVICES, EVEN IF WE HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. WE SHALL ONLY BE RESPONSIBLE FOR ANY LOSSES OR DAMAGES THAT YOU SUFFER AS A RESULT OF OUR BREACH OF THESE TERMS TO THE EXTENT THAT THEY ARE A FORESEEABLE CONSEQUENCE TO BOTH OF US AT THE TIME YOU ACCESSED OR SUBSCRIBED TO THE SERVICES. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, OUR TOTAL LIABILITY TO THE SUBSCRIBING ENTITY FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT, EXTRA-CONTRACTUAL LIABILITY, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, OR OTHERWISE) SHALL IN CIRCUMSTANCES NOT EXCEED ONE THOUSAND DOLLARS ($1,000.00 USD).
NOTHING IN THIS SECTION WILL EXCLUDE OR LIMIT EITHER PARTY’S LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY ITS NEGLIGENCE, OR FOR FRAUD OR FRAUDULENT MISREPRESENTATION, OR FOR ANY OTHER LIABILITIES WHICH CANNOT BE EXCLUDED OR LIMITED BY LAW.
OUR RIGHTS AND REMEDIES IN CONNECTION WITH THESE TERMS ARE IN ADDITION TO, AND NOT EXCLUSIVE OF ANY RIGHTS OR REMEDIES PROVIDED BY LAW.
2.6.1 If you are a Service Provider, these Terms will apply for as long as you use or are subscribed to use any of the Services.
2.6.2 If you are a Service Provider, you may terminate your use of the Teams HVACR Platform by ceasing your use of the Teams HVACR Platform or otherwise notifying Teams HVACR of your intent to terminate.
2.6.3 If you are a Service Provider we may terminate these Terms with you, suspend, or terminate the provision of any or all of the Services and/or de-active your account at any time:
18.104.22.168 at our option on giving 30 days written notice to you;
22.214.171.124 where you are in material breach of these Terms which is irremediable or which you have failed to remedy that breach within 14 days of notification from us;
126.96.36.199 where you have failed to pay any subscription fees or any other payments due in accordance with these Terms
2.6.4 On termination of these Terms or de-activation of your account:
188.8.131.52 all licenses granted in accordance with these Terms and, in the case of Requestors, your Offline Agreement, will immediately terminate, and you agree to immediately cease using any of the Services and any related documentation;
184.108.40.206 you must destroy all materials (and related documentation) obtained from the website and all copies thereof, whether made under the terms of these Terms or otherwise; and
220.127.116.11 any rights or remedies which have accrued up to the date of such termination will not be affected.
We provide the Teams HVACR Platform for use by the Subscribing Entity on these Terms. We do not in any way act as agent or mandatory of the Subscribing Entity (whether a Requestor or Service Provider), and will not be held liable for the acts or omissions of the Subscribing Entity or any failure by a Subscribing Entity to perform any service or other obligation.
2.8.1 You shall at all times keep confidential (and to procure that your employees, agents/mandataries and subcontractors shall keep confidential) any confidential information which it or they may acquire in relation to the business, products, services and affairs of Teams HVACR in the performance of its obligations under these Terms or otherwise. You shall not use or disclose any such information except with our written consent or where such disclosure is required by law.
2.8.3 You will ensure that you comply at all times with any applicable data protection and privacy laws, including any notice or consent requirements, to the event you upload or provide any personal data to us.
We shall have no liability to any Subscribing Entity under this agreement if our Services is not available due to acts, events, omissions or accidents beyond its reasonable control, including, without limitation, strikes, lock-outs or other industrial disputes (whether involving the workforce of Teams HVACR or any other party), failure of a utility service or transport or telecommunications network, act of God, war, riot, civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of plant or machinery, fire, flood, storm or default of suppliers or sub-contractors.
2.10.1 Any notice which is required to be given in writing, shall be given by email, and will be deemed received when specifically acknowledged by the other party (excluding automatic emails), or where no response has been received 3 working days from the point of sending.
2.10.2 Except where you are a Subscribing Entity who is a Requestor who has executed an Offline Agreement, these Terms constitute the entire agreement between you and us, and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings, whether written or oral, with respect to the Services. Nothing in this clause shall limit or exclude any liability for fraud.
2.10.3 Nothing in these Terms is intended to create any joint venture, partnership, employment, or agency/mandate relationship between you and us.
2.10.4 You shall not, without our prior written consent, assign or transfer your rights or subcontract your obligations under these Terms. We may at any time assign or transfer our rights or subcontract our obligations under these Terms without notice.
2.10.5 Except for our affiliated companies and subsidiaries, a person who is not a party to these Terms will not have the right to enforce any of the provisions of these Terms.
2.10.6 If a provision of these Terms is found to be invalid, illegal or unenforceable in any relevant jurisdiction, the other provisions of these Terms will remain in force.
2.11.1 iOS Applications. The following additional terms and conditions apply with respect to any mobile application that Teams HVACR provides to you that is designed for use on an Apple iOS-powered mobile device (an “iOS App”):
18.104.22.168 You acknowledge that this Agreement is between you and Teams HVACR only, and not with Apple, Inc. (“Apple”).
22.214.171.124 Your use of the iOS App must comply with Apple’s then-current App Store Terms of Service.
126.96.36.199 Apple is not responsible for the iOS App and the materials available thereon. You acknowledge that Apple has no obligation to provide maintenance and support services with respect to the iOS App. To the maximum extent permitted by applicable law, Apple will have no warranty obligation whatsoever with respect to the iOS App.
188.8.131.52 You agree that Teams HVACR, and not Apple, is responsible for addressing any claims by you or any third-party relating to the iOS App or your possession and/or use of the iOS App, including, but not limited to: (i) product liability claims; (ii) any claim that the iOS App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation, and all such claims are governed solely by this Agreement and any law applicable to us as provider of the iOS App.
184.108.40.206 You agree that Teams HVACR, and not Apple, shall be responsible, to the extent required by this Agreement, for the investigation, defense, settlement and discharge of any third-party intellectual property infringement claim related to the iOS App or your possession and use of the iOS App.
220.127.116.11 You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) You are not listed on any U.S. Government list of prohibited or restricted parties.
18.104.22.168 You agree to comply with all applicable third-party terms of agreement when using our iOS App (e.g., you must not be in violation of your wireless data service terms of agreement when using the iOS App).
22.214.171.124 You agree that Apple and Apple’s subsidiaries are third-party beneficiaries to this Agreement as it relates to your license of the iOS App. Upon your acceptance of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you it relates to your license of the iOS App as a third-party beneficiary thereof.
2.11.2 The following additional terms and conditions apply with respect to any mobile application that Teams HVACR provides to you designed for use on an Android-powered mobile device (an “Android App”):
126.96.36.199 You acknowledge that this Agreement is between you and Teams HVACR only, and not with Google, Inc. (“Google”).
188.8.131.52 Your use of the Android App must comply with Google’s then-current Google Play Terms of Service.
184.108.40.206 Google is only a provider of the Android marketplace where you obtained the Android App. Teams HVACR, and not Google, is solely responsible for the Android App and the materials available thereon. Google has no obligation or liability to you with respect to the Android App or this Agreement.
220.127.116.11 You acknowledge and agree that Google is a third-party beneficiary to this Agreement as is relates to the Android App.
2.11.3 Teams HVACR does not warrant that the mobile applications will be compatible with your mobile devices. You acknowledge that standard carrier data charges may apply to your use of our mobile applications.
We are the owner or the licensee of all intellectual property rights in our website, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
You may print off one copy, and may download extracts, of any page(s) from our website for your personal use and you may draw the attention of others within your organization to content posted on our website.
You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text. Our status (and that of any identified contributors) as the authors of content on our site must always be acknowledged.
The content on our website is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our website.
Where our website contains links to other sites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them. We have no control over the contents of those sites or resources.
Although we make reasonable efforts to update the information on our website, we make no representations, warranties or guarantees, whether express or implied, that the content on our website is accurate, complete or up to date.
We may update and change our website from time to time to reflect changes to the features available, our users’ needs and our business priorities.
Our website is made available free of charge (except where you also subscribe to the Services as a Service Provider). We do not guarantee that our website, or any content on it, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of our website for business and operational reasons. We will try to give you reasonable notice (via the website) of any suspension or withdrawal.
We shall not be liable for any loss or damages resulting from the provision or use (or inability to make use) of our website, including without limitation any incorrectness or incompleteness of information placed on our website.
3.5.1 Teams HVACR respects the intellectual property rights of others, and we ask you to do the same. Teams HVACR may, in appropriate circumstances and at our discretion, terminate service and/or access to and use of the website and our Services for users who infringe the intellectual property rights of others. If you believe that your work is the subject of copyright infringement and/or trademark infringement and appears on the website, please provide Teams HVACR’s designated agent the following information:
3.5.2 Teams HVACR’s agent for notice of claims of copyright or trademark infringement on the website can be reached as follows: support@Teams.us
3.5.3 Please also note that for copyright infringements under Section 512(f) of the Copyright Act of the United States, any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.
3.5.4 Teams HVACR reserves the right, in its sole discretion, to terminate the account or access of any user of our website or Services who is the subject of repeated DMCA or other infringement notifications.
We may make reasonable amends to the website and to these Terms (excluding Service Terms) at our sole option from time to time, therefore when you use our website, please be aware of the Terms which apply at that time.
Where you have subscribed to our Services, we will only amend the Service Terms during the Subscription Term after we have notified you of such amendments. Notification will be made by posting revised Terms to this Site, and/or you may be asked to agree to or click-though the updated Terms once the amendment goes into effect.
These Terms and any contract entered into pursuant to these Terms shall be governed and construed in accordance with laws of the State of Florida, United States. Each party irrevocable agreed that the courts of Florida shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with this Terms or its subject matter.
These Terms are made in English and certain local languages. If there are any conflicts or inconsistencies between the English-language version and a local translation, the English-language version will control. Any notices relating to these Terms shall be in writing in English.
You hereby declare that you have read, understood and agreed to all of the terms and conditions of the TEAMS HVACR – TERMS and conditions, which has been fully explained to you, including keeping your personal information accurate, current and relevant; and you further agree that all notices and communications between you and us may be made electronically. By clicking on the “Accept” or “Agree” box you declare that you agree to all terms of the TEAMS HVACR – TERMS and conditions.
© 2021 The Automatic Office Corp. All Rights Reserved.