TMS Terms of Service

By subscribing to the Team in Motion and Team Management System (hereinafter referred to as "TMS") the Distributor accepts to use it in compliance with the Terms of Service stated below

Whenever used in these Terms of Service, the following terms shall have the meaning defined hereinafter. "Team in Motion INC " shall denote TMS Provider; "the Distributor" and/or "you" shall refer to any natural person or entity that uses TMS available on the Teaminmotion.com website.

By accessing, installing or otherwise using TMS, you must be over the age of 18, are capable of entering into a contract and that you agree to be bound by this Agreement. Please retain a copy of this Agreement for your records. If you do not agree with the Terms and Conditions of this Agreement, please do not use TMS.

1. Service
Team in Motion INC provides TMS  which enables  registered users to manage  their contact list and use the automated promotion tools with the automated email follow-up autoresponder system which, in particular includes the following: (a) email delivery mechanisms, (b) list-builder, (c) other advanced automation features.

2. Distributor Obligations
TMS is provided to the registered users, hereinafter referred to as "the Distributor". The Distributor may choose their login and password, hereinafter referred to as the "login details". The Distributor is responsible for keeping the secrecy of their login details.

On registration to TMS, the Distributor agrees to:

• fill out the registration form  providing all current, complete, and accurate data as requested;

• maintain and promptly update this data in accordance with any changes thereto to ensure it remains  current, complete and accurate as possible;

• abide by the Terms of Service stated herein as well as the Team in Motion INC Anti-Spam Policy or their amended versions and any other policy now or subsequently developed, published and formulated by Team in Motion INC;

• send or stream through TMS only such materials that they have full rights to use and publish on the Internet;

• Conform to the rules relating to sending out electronic messages, in particular commercial electronic messages and processing of personal data in force in the country of the Distributor's residence as well as the US laws (the CAN SPAM Act) and the rules of European Union.

The Distributor should represent that they either act as a consumer or conduct a business activity and use TMS for the purposes of such business. The Distributor is solely responsible for the contents of their representation and all results of any misrepresentation in that matter. The Distributor hereby agrees to indemnify and hold harmless Team In Motion INC for any liabilities, costs, awards, judgments or any other expenses, regardless how incurred, including costs on a solicitor and client basis, arising from the Distributor’s failure to adhere to the terms contained herein.

The Distributor gives its express consent to receive commercial information about products and services of Team in Motion INC.

The Distributor realizes that it is solely responsible for the content of the materials which are sent or streamed by means of TMS.

All the information and materials sent through TMS are sent to recipients by the Distributor, not by Team in Motion INC. Any and all communication through TMS is transmitted between the Distributor and their recipients. As a result, even though a certain recipient may have opted-out from receiving communications from Team in Motion INC, such recipient may receive certain Service-related e-mails sent by the Distributor. In addition, if applicable, Team in Motion INC may send announcements and/or e-mails to your recipient in your name, as your agent, at your request and on your behalf. You are solely responsible for such e-mails and the contents thereof.

At no time does Team In Motion INC review the contents of any such e-mail communications and shall not be responsible for any content that contravenes any of the relevant laws in the jurisdiction of Team In Motion Inc, the Distributor or the recipient regarding the content of such communication. The Distributor assumes all responsibility and liability for the content of such communication.

The Distributor realizes that solely responsible for any actions or omissions related to processing of personal data or sending out electronic messages by means of TMS through their account.

The Distributor expressly agrees that the use of TMS is at their sole risk and accepts the fact that TMS is provided on an "as is" basis, without warranties or guarantees of any kind.

The Distributor expressly agrees to abide by and be bound by the provisions of  the Team in Motion INC Anti-Spam Policy and any and all relevant laws of any governing jurisdiction  regarding the processing of email addresses and other personal data. Without any limitations, the Distributor is particularly obliged not to send unsolicited messages ("spam").

The Distributor must provide accurate and true registrant contact details and is required to maintain and promptly update this data as current, complete and accurate as possible. Team in Motion INC reserves the right to suspend and terminate the Distributor's account and refuse any and all current or future use of TMS, should the Distributor provide any information that is untrue, not current, inappropriate or incomplete or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete.

The Distributor may not use any hardware or software intended to damage or interfere with the proper and timely functioning of TMS, or to surreptitiously intercept any system, data or personal information from TMS nor any website owned or controlled by Team in Motion INC.

The Distributor may not take any action that imposes unreasonable or disproportionately large load on the website network or other Team in Motion INC service infrastructure.

Team in Motion INC reserves the right to refuse access to the website, terminate accounts, remove or edit content, or cancel placed orders at its sole discretion. Team in Motion INC reserves the right to immediately terminate or refuse  any and all current or future use of TMS to the Distributor, who evades the obligations stated in these Terms of Service, Team in Motion INC Anti-Spam Policy or arising from custom and other best practices of conduct on the Internet.
Team in Motion INC reserves the right to issue a warning should the Distributor be found spamming or using TMS for any abusive or illegal practices. Appropriate actions, such as disabling Distributor's account, terminating TMS, and/or reporting the Distributor and the incident to proper authorities shall be taken immediately should the Distributor appear to perform or be performing such practices, despite the explicit warning.

3. TERM, FEES AND PAYMENTS
Applicable fees for TMS may include a periodic (e.g., monthly or annual) subscription fee based on the particular subscription requested.

(a) Free Trial Period
Once you have registered for a subscription to the TMS of your choice, we may offer you a one-time, free trial period during which you can try out TMS for free ("Free Trial Period"). The length of any such Free Trial Period may vary from time to time, and will be indicated at the time you register for your subscription. If you terminate your subscription prior to the expiration of the Free Trial Period, you will not have any financial obligation with respect to your subscription, and your credit card will not be charged for your use of the Service.  Each Distributor is entitled to a Free Trial Period only one time. If you subscribe to TMS after you have already received a Free Trial Period, your credit card will be billed immediately upon registration.

(b) Initial Subscription Payment
By registering for TMS, you agree that if you do not cancel your subscription before the expiration of your Free Trial Period, you will pay the applicable fees for the subscription  that you select upon registration. If you do not cancel your subscription prior to the expiration of the Free Trial Period, we will charge your credit card, on your Activation Date, the applicable fees indicated at the time you registered for the subscription. Your applicable fees will automatically be charged to the credit card you designated as the credit card to be billed for your account.

(c) Automatic Subscription Renewal
Unless you notify us of your decision to terminate your subscription, your subscription will automatically renew at the end of each subscription term. Your renewed subscription will have the same duration as the subscription being renewed (e.g. one month, on year, etc.).

(d) Your Billing Date
Your credit card will be charged for the renewal term of your Service on your billing date ("Billing Date"), based on the type of subscription (e.g., on a particular date each month for a monthly subscription; on the anniversary for an annual subscription, etc.). If, however, your Activation Date is on the 29th, 30th or 31st day of a month, and your Billing Date does not exist in a particular month because there are fewer than thirty-one (31) days in the month payment is due, your Billing Date for that particular renewal will be on the last day of the month in which your Billing Date would otherwise be.

(e) No Refunds
All fees paid and charges made prior to termination as provided herein, including any advance charge or payment for the subscription term during which you terminate your subscription, are nonrefundable. Termination of your subscription shall not relieve you of any obligations to pay accrued charges.

4. Abusive And Illegal Practices
a. The Distributor is not allowed to use TMS to send any material that, intentionally or unintentionally, violates any applicable local, state, national or international laws, or any rules or regulations promulgated hereinafter, or any copyrights or any other rights of a third party.

b. The Distributor agrees that the use of TMS is subject to all applicable national, international, state, and local laws as well as any and all applicable regulations, including the Terms of Service. Furthermore, the Distributor agrees that, as far as their business practices are concerned, they shall not stream, disclose, engage and/or offer to sell any goods or services that:

• are unlawful, threatening, abusive, harassing, defamatory, obscene, libelous, slanderous, deceptive, fraudulent, invasive of another person's privacy, tortuous, or otherwise violate Team in Motion Inc's rules or policies;

• victimize, harass, degrade, or intimidate an individual or a group of individuals on the basis of religion, politics option, gender, sexual orientation, race, ethnicity, age, or disability;

• associate any content streamed through TMS with pornography, adult related material, child pornography, bigotry, racism, hatred, profanity, mail fraud, or any material which may be insulting to another person or a company;

• infringe on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any party, including, but not limited to, unauthorized copying and posting pictures, logos, software, articles, musical works and videos;

• contain harmful content, including, without limitation, software viruses, Trojan horses, worms, time bombs, cancel bots, spy-ware, or any other files, software programs, or technology that is designed or intended to disrupt, damage, surreptitiously intercept or expropriate services or any system, program, data or personal information, or limit the functioning of any software, hardware, or equipment or to damage or obtain unauthorized access to any data or other information of any third party;

• impersonate any person or entity, including any of our employees or representatives;

• violate any law, statute, ordinance, or regulation including, without limitation, those governing consumer protection, Internet tobacco sales, unfair competition, antidiscrimination or false advertising;

• offer or disseminate fraudulent goods, services, schemes, or promotions (e.g. make money fast schemes, chain letters, pyramid schemes) or engage in any unfair deceptive act or practice;

• are associated with any form of gambling or lottery type services;

• are associated with any form of adult, sexually oriented, or obscene materials or services, including without limitation, any material clearly designed to sexually arouse the viewer/reader (e.g. books, text, photos, videos, X-rated movies, pornographic materials, etc.), any materials which require individuals to be eighteen (18) or older to view or purchase those materials, escort services, and adult websites;

• are associated with the sale of:  any controlled drug that requires a prescription from a licensed practitioner; or any over-the-counter drug, or nonprescription drugs;

• are associated with illegal telecommunications or cable television equipment, such as access cards, access card programmers and unloopers, cable descramblers or filters;

• are associated with weapons of any kind and related items, including firearms, firearm parts and magazines, ammunition, BB and pellet guns, tear gas, stun guns, switchblade knives and martial arts weapons;

• market for: nicotine, nicotine products, products imitating nicotine products, symbols related to smoking or nicotine; alcohol of any kind; drugs of any kind, products related to drugs, symbols related to drugs, the use of drugs of any kind; medical services, medical aid, medical assistance, medicines; video lotteries, cylindrical games, card games, dicing, and automated games;

• use TMS to call on minors directly to purchase products or services;

• encourage minors to influence their parents or other persons with an aim of impelling them to buy products or services marketed thru TMS;

• take advantage of minors' inexperience and credulity; exploit the special trust minors have in their parents, teachers or other persons;

• unreasonably show minors in dangerous situations, or

• use TMS to affect the subconscious of a recipient.

• add, remove or modify the identifying header information, in an attempt to deceive or mislead the recipient;

• attempt to impersonate any person or service by using forged headers or other identifying information such as name, nickname, domain name, or email address. The use of anonymous re-mailers or nicknames does not constitute impersonation.

c. The foregoing list is non-exhaustive of prohibited goods and services.

5. Technical Requirements
Team in Motion INC assures that TMS will operate on Windows 95/98/NT/2000/Me/XP platform with the latest version of Internet Explorer or Mozilla Firefox or such other platform subsequently deemed by Team In Motion INC to provide the best service for TMS.

6. Distributor Support Service
Team in Motion INC provides Email, Live Chat and Phone Support for the Distributors.
The Distributor may address all questions,  concerns, and report errors via email to the Team in Motion Distributor Support Department located in the Help Center of your TMS. The Distributor should provide at least the account name and their name. Team in Motion INC does not investigate or take any action based on "anonymous" support requests.
Team in Motion INC  shall use its best efforts to ensure that responses to all questions, concerns and report errors  shall  be provided within two business days after receipt from the Distributor.

7. Anti-Spam Policy
Team in Motion INC states that the Team in Motion INC Anti-Spam Policy is an inherent part of these Terms of Service.
The Distributor or any third party working on behalf of the Distributor must not use TMS and/or the name of TMS Provider or any of the trademarks of TMS Provider to transmit, distribute or deliver any unsolicited and unwanted e-mail correspondence.

8. Complaint Procedure
The Distributor is requested to submit their complaint to the Distributor Support Department at: tmssubscriptions@teaminmotion.com

Upon complaint, the Distributor should provide at least the account name and their name. Team in Motion does not investigate or take any action based on "anonymous" complaints.

The Distributor Support Department will investigate the problem as soon as possible and advise the Distributor how the issue will be or has been processed.

The Distributor has the right to be advised about the status of processing their issue.

Should any problem with TMS occur, Team in Motion INC  assures to undertake all measures to solve it as soon as feasible.

9. Copyrights And Trademarks
All content included on the teaminmotion.com website, such as text, graphics, logos, button icons, images, audio clips and software, is the property of Team in Motion INC or its content suppliers and protected by Canadian, U.S. and international copyright and trade-mark laws. No part of this website may be copied, reproduced or transmitted in any form or by any means without express written consent from the authors.

Team in Motion INC, Team in Motion, Team in Motion.com are trademarks of Team in Motion INC in the Canada, the United States and other countries.

Trademarks of Team in Motion INC may not be used in conjunction with other companies' products or services, in any manner that may cause confusion among distributors and potential distributors, or in any manner that discredits Team in Motion INC, its products and services.

10. Privacy
Team in Motion INC states that the Privacy Policy is an inherent part of these Terms of Service.

Team in Motion INC will never use the information about the Distributor, or their distributors that is collected within TMS to send any unsolicited messages or information nor share it with or sell to anyone else for such use, according to the Team in Motion INC's Privacy Policy.

To perform the Agreement, Team in Motion INC shall collect personal information, such as, but not limited to: (i) the Distributor's first name, (ii) last name, address, (iii) identification numbers, such as distributor id number, (v) phone number, (iv) email address, that is not otherwise publicly available.

Team in Motion INC will keep the personal data given by the Distributor as long as required in order to perform their obligations under this Agreement.

The Distributor recognizes that they are the controller of all personal data given to Team in Motion INC to process. Team in Motion INC shall be responsible for ensuring sufficient security measures for processing personal data given by the Distributor.

The Distributor shall have sole responsibility for any and all information used and submitted in connection with TMS. Team in Motion INC shall have no responsibility thereto. The Distributor shall comply with all data protection and privacy laws and rules applicable to third parties’ information. You shall defend, indemnify, and hold Team in Motion INC harmless from any claim, suit or proceeding brought against Team in Motion INC by third parties in connection with any acts or omissions with regards to such information, including all costs associated thereto, such as legal costs on a solicitor-client information.

The Distributor may refer their clients to the Team in Motion INC's Privacy Policy. Team in Motion INC shall accept no responsibility for the Distributor's privacy policies and for processing their personal data by the Distributor.

The Distributor agrees and acknowledges that any information collected through TMS or in connection with TMS may be transferred across national boundaries and stored and processed in any of the countries around the world in which Team in Motion INC maintains offices, including the United States.

Unless it is required to do so by law, Team in Motion INC will not provide any personal Distributor's data to third parties other than its employees, affiliates or contractors to the extent such is required in order to perform TMS for the Distributor.

11. Termination Of Service
The Distributor may terminate its use of TMS at anytime.

If the Distributor wants to terminate TMS, they are required to cancel their TMS using the cancel option located within their TMS.

Team in Motion INC reserves at its sole discretion the right to terminate the Distributor’s use of TMS.

Team in Motion INC reserves at its sole discretion the right to instantly terminate TMS in the event: (i) the Distributor is found to be using Team in Motion INC services for spam activities, or (ii) of other abusive or illegal practices, as mentioned in the Section 3 above, or (iii) the Distributor does not conform to any of their obligations as referred to in the Section 2 above.

Team in Motion INC reserves at its sole discretion the right to terminate TMS in the event of receiving an independent verification that the Distributor provided grossly inaccurate, unreliable or false registrant contact details, or failed to keep such contact details up to date.

In aforementioned situations, TMS will be terminated with an immediate effect..

12. Disclaimer Of Warranties. Limitation Of Liabilities
Team in Motion INC guarantees an average up time of 99.5% per month of TMS on the condition of full availability  to TMS’s of its Internet and Telecom Providers.

Team in Motion INC does not guarantee any minimum response times nor deliverability times in connection with performance of TMS.

All relevant files on the Team in Motion INC server, including those containing personal Distributor's data and information stored and processed on Team in Motion INC servers through TMS, are backed up and stored in a fire and theft protected location which is separate from the location of the Team in Motion INC servers.

TEAM IN MOTION INC DOES NOT PROVIDE ANY WARRANTY FOR THE WEBSITE AND TMS IT IS PROVIDING. TEAM IN MOTION INC DISCLAIMS ANY WARRANTY OF TITLE, MERCHANTABILITY, NON-INFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE. TMS AND THE WEBSITE ARE DISTRIBUTED ON "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED.
IN NO EVENT WILL TEAM IN MOTION INC NOR ITS AGENTS, EMPLOYEES, DIRECTORS, OFFICERS OR SUPPLIERS BE LIABLE FOR LOSSES OR DAMAGES HEREUNDER OR UNDER ANY SERVICES SCHEDULE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL LOSS OR DAMAGE (EVEN IF TEAM IN MOTION INC  HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS) INCLUDING, BUT NOT LIMITED TO, LOST BUSINESS REVENUE, LOSS OF PROFITS, LOSS OF DATA, FAILURE TO REALIZE EXPECTED PROFITS OR SAVINGS OR OTHER COMMERCIAL OR ECONOMIC LOSS OF ANY KIND OR ANY CLAIM AGAINST THE DISTRIBUTOR BY ANY OTHER PERSON RESULTING FROM OR ARISING IN ANY CONNECTION WITH THE PERFORMANCE OR NON-PERFORMANCE OF THIS AGREEMENT, ANY SERVICES SCHEDULE OR ANY OBLIGATION HEREUNDER OR THEREUNDER (INCLUDING TMS), HOWSOEVER CAUSED (INCLUDING BREACH OF A WARRANTY, TORT, NEGLIGENCE, STRICT LIABILITY IN TORT, OR ANY LEGAL, STATUTORY OR EQUITABLE CAUSE OF ACTION).
THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS IN THIS AGREEMENT SHALL APPLY IRRESPECTIVE OF THE NATURE OF THE CAUSE OF ACTION, DEMAND OR CLAIM BY THE DISTRIBUTOR, INCLUDING, WITHOUT LIMITATION BREACH OF CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR ANY OTHER LEGAL THEORY AND SHALL SURVIVE A FUNDAMENTAL BREACH OR BREACHES OR THE FAILURE OF THE ESSENTIAL PURPOSE OF THIS AGREEMENT.

Team in Motion INC shall not be responsible or liable for any loss, damage or inconvenience suffered by the Distributor or by any third person, to the extent that such loss, damage or inconvenience is caused by the failure of the Distributor to comply with their obligations under this Terms of Service.

Team in Motion INC is not responsible for any delay or failure in performance due to Force Majeure or other occurrences that are beyond Team in Motion INC's reasonable control. Team in Motion INC is not responsible for short, temporary and accidental suspension of TMS, as the result of circumstances which Team in Motion INC could not foresee or suspect.

The Distributor recognizes that Team in Motion INC does not own or control other networks, information and systems outside of its own network, nor is Team in Motion INC responsible for performance or non-performance within such networks. Team in Motion INC exercises no control over and specifically denies any responsibility for the content, information, accuracy or quality of the information and/or data passing through its network or TMS provided.

Team in Motion INC may, at its sole discretion and without liability, change or modify the features and functionalities of TMS or modify or replace any provided equipment, or software used to deliver TMS provided that this does not have a material adverse effect on TMS.

Team in Motion INC may perform scheduled or emergency maintenance (including temporary suspension of TMS if necessary) to maintain or modify TMS without previous notice given to the Distributor. Team in Motion INC will give the Distributor such notice of the maintenance as is reasonably practicable in the circumstances, provided that, in the event of scheduled maintenance that would last for more than one day, Team in Motion INC will use reasonable efforts to give the Distributor at least one day's notice. Scheduled maintenance will be carried out with an aim to minimize business interruption.

The Distributor acknowledges that the use of TMS is at their sole risk and Team in Motion INC is in no way responsible for the conduct of the Distributor and/or the content of messages sent through using TMS. The Distributor hereby indemnifies, and holds harmless, Team in Motion INC and its officers, directors, employees and agents from and against all claims, proceedings, liabilities, actions, suits, judgments and orders for any indirect, incidental, special, punitive or consequential damage to any person or entity resulting from the use or misuse of TMS, including but not limited to the willful misconduct or negligent acts or omissions of the Distributor or the Distributor's officers, agents, employees or subcontractors. Team in Motion INC shall notify the Distributor as soon as reasonably practical of any such claim, demand or cause of action for which Team in Motion INC will require such indemnification from the Distributor. Team in Motion INC will provide the Distributor with reasonable information and assistance to defend such claim, demand, or cause of action.

The Distributor hereby agrees to indemnify, defend and hold harmless Team in Motion INC, its officers, directors, employees, agents, members, successors and assigns, from and against any and all claims, losses, liabilities, damages or expenses (including attorney's fees and costs on a solicitor and client basis) of any nature whatsoever incurred or suffered by Team in Motion INC (collectively the "Losses"), in so far as such Losses (or actions in respect thereof) arise out of or are based on;

• any claim or threatened claim that your use of the trademarks infringes on the rights of any third party;

• the breach of any representation or warranty made by you herein; or

• any claim related to your site.
  SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE.

13. Final Provisions
The illegality, invalidity or unenforceability of any provision of these Terms of Service shall not affect the legality, validity and enforceability of any other provisions hereof.

It is also understood and agreed by the parties that if any provision of this Agreement is prohibited or is unenforceable under the law of any government having jurisdiction, (i) such invalid or unenforceable provision will be modified to the extent necessary to render it valid and enforceable without altering its intent, or (ii) if such modification is not possible, these Terms of Service will be construed as if such invalid or unenforceable provision had never been contained in these Terms of Service.

Team in Motion INC reserves the right to modify, add or delete any documents, information, graphics or other content appearing on or in connection with the teaminmotion.com website, including these Terms of Service, at any time without prior notice. The Distributor agrees that their continued use of TMS after such update will constitute their acceptance of and agreement to be bound by the updated Terms of Service. The most current version of the Terms of Service is available at any time at http://www.teaminmotion.com/members/termsofservice.htm

This Service shall be interpreted and construed according to, and governed by, the laws of Canada, excluding any such laws that might direct the application of the laws of another jurisdiction.

The law of the Province of British Columbia and Canadian Court shall be the governing jurisdiction.