Teamanics

Terms of Use

 

Effective Date:  September 26, 2019

Welcome to Teamanics.  Teamanics is a service of Metabyte, Inc., located at 39300 Civic Center Drive, Suite 260, Fremont, CA 94538, USA.  Metabyte, Inc. and its Teamanics service are referred to herein as “Teamanics.

The Teamanics websites and mobile applications, together with any products, services or software we make available through or in connection with such websites or applications, are collectively referred to herein as the “Service.”  References to “we,” “us,” and “our” refer to Teamanics.

By accessing the Service, you agree to be bound by these Terms of Use (the “Terms”), which constitute your agreement with Teamanics.  If you do not agree with the Terms, you may not use the Service.

We may amend the Terms at any time by posting the modified Terms on the Service.  The modifications shall be effective upon such posting (unless a later date is specified in the posting, in which case that date shall be the effective date of the modifications).  You agree to review the Terms periodically so that you are aware of any modifications.  Your continued use of the Service after such modifications constitutes your acknowledgment of, and agreement to be bound by, the amended Terms.

 

Service Description

Teamanics - the Mechanics of Building Teams.  The Teamanics Service is a new peer ratings based hiring platform for the general workforce.  The Service cuts the time and expense employers spend in reviewing resumes, screening candidates, and conducting interviews while enabling career growth for job seekers.  Job seekers participating in the Service are encouraged to invite their peers to rate them on individual skills and traits.  Teamanics believes that employers trust peer ratings when adequate credibility mechanisms have been implemented.  The Service builds a reputation for each job seeker and recommends skill adjacencies to help them advance to higher paying jobs.  Employers benefit from a self-improving workforce as job seekers strive to improve their ratings. 

Users.  Users of the Service include job seekers, employers and their representatives and peers of job seekers who may rate them.

Hiring Decisions.  All hiring decisions are made at the sole discretion of the employers using the Service.  The Service simply provides a job matching service that presents the job seekers to the employers as potential candidates for the job.

Beta Testing.  The Services are now in beta test.  At this time, only users based in the United States may use the Service.

 

Access to the Service

License.  Subject to and in accordance with the Terms and other guidelines or instructions that we include in the Service, we grant you a limited, non-exclusive license to access and use the Service solely for its intended purpose and for your own personal use.  We reserve the right to terminate this license and your access to the Service, and to remove or discard content you have submitted to the Service, at any time, for any or no reason and with or without notice.  We may update, upgrade or otherwise modify the Service at any time with or without notice.

Age Requirement; Responsibility.  You may not access or use the Service unless you are at least 18 years old.  You are responsible for maintaining the confidentiality of your password and for restricting access to your computer or other device.  You are responsible for your use of the Service and for all activities that occur under your username/account.  You may not assign or transfer your username or account to any third party.

Registration.  You are required to maintain all information provided during your registration/sign-up process so that it remains true, accurate, up-to-date and complete at all times.  You represent and warrant that any information you provide to us is truthful and accurate to the best of your knowledge.  We reserve the right to revoke your particular username, or to require you to choose another username or password.  The Service may permit you to register through certain third-party social networking services, such as Facebook Connect or Instagram (“Authentication Service”).  By registering with or logging into the Service using an Authentication Service, you agree that we may access and use your information on the Authentication Service, including but not limited to your username, profile picture, age and date of birth, email address, and friends/contacts list.  We are not affiliated with any Authentication Service and you are solely responsible for your interactions with the Authentication Service.

 

Use of the Service; Prohibited Conduct

General.  You may use the Service only for its intended purpose and in accordance with the Terms and all applicable laws and regulations.

Interactions Between Users.  Your interactions with other users of the Service, including any employment offers or other transactions, are entirely between you and such other users.  While the Service is meant to facilitate your communication with other users, we are not a party to any transaction you may enter into with any other user.

No Advice or Endorsement.  We provide no advice, recommendation, endorsement or guaranty with regard to any particular users, employment offers or other transactions, and we are not responsible for the actions or omissions of any user of the Service.  Nothing included in the Service shall be deemed to be legal, employment or other advice.  You are encouraged to seek legal, employment and other appropriate professional advice prior to using the Service or providing or accepting any employment offer.

Prohibited Conduct.  In connection with the Service and the use thereof, you agree not to:

(1)       use the Service in a manner that violates the Terms or applicable law;

(2)       use the Service in a manner that could damage, disable, overburden or impair the Service, or interfere with any other user’s ability to use the Service;

(3)       harvest or otherwise collect or disseminate personal information about others without their consent, or harass or stalk another, or solicit personal information from minors;

(4)       impersonate any person or entity, or forge headers or otherwise manipulate identifiers in order to disguise the origin of messages, or create any user account by automated means or under false pretenses;

(5)       interfere or attempt to interfere with the proper working of the Service or any activities conducted on the Service, including without limitation the use of framing techniques to enclose any content, and the placement of pop-up windows over web pages;

(6)       gain or attempt to gain unauthorized access to the Service, or other accounts, computer systems or networks connected to the Service, through password mining or any other means;

(7)       use any automated software, device, or process (including without limitation any “web crawler” or “screen scraper”) to extract or index any data or other content from the Service (including without limitation information about users of the Service);

(8)       artificially generate traffic or page links to any portion of the Service;

(9)       promote or solicit business for any company or service that is our competitor, or otherwise use the Service for commercial purposes;

(10)     export technical data or other materials in violation of any applicable law;

(11)     upload, transmit or otherwise make available data, information or material that:

(a)       is unlawful, harassing, libelous, invasive of another's privacy, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable;

(b)       infringes any intellectual property right or other right of any third party, including but not limited to any patent, trademark, service mark, trade secret or copyright;

(c)       constitutes the unauthorized or unlawful disclosure of confidential or other proprietary or nonpublic information;

(d)       constitutes unsolicited or unauthorized advertising or promotional materials, “chain letters,” “junk mail,” “spam,” “pyramid schemes” or any other form of disruptive messages; or

(e)       contains viruses, trojan horses, worms or any other harmful or disruptive computer code, files or programs; or

(f)        is fraudulent, misleading or otherwise intentionally inaccurate; or

(12)     authorize, aid, or encourage anyone to do any of the foregoing or otherwise act in violation of the Terms.

 

Hyperlinks.  You may create a hyperlink to the home page of the Service so long as the link does not portray the Service, us, or our affiliates or their services, in a false, misleading, derogatory, or otherwise offensive manner.  You may not use any logo or other proprietary graphic or trademark as part of the link without our written permission.

 

Privacy

Please see our Privacy Policy, available here, which also governs your use of the Service and is hereby incorporated into the Terms.

 

Fees

At present, no Fees are charged or payable with respect to the use of the Services.  We reserve the right to charge a fee for the Services in future.  Any such fees will be set forth in an amendment to the Terms.

 

Proprietary Rights

All content included in the Service and originating with us, including but not limited to website and application design, text, photographs, graphics, sound, software and the arrangement of all content on the Service, is the property of us or our licensors, and is protected by United States and international copyright and other applicable law.  All rights to such content are reserved to their respective copyright owners.  Except as expressly authorized by the Terms or any guidelines or instructions that we include in the Service, you may not reproduce, modify, copy, create derivative works of, sell or distribute any portion of the Service, use of the Service or access to the Service.  You may not reverse engineer, reverse assemble, decompile or otherwise attempt to determine or derive the source code of the Service or any portion thereof.

“Teamanics” and all related logos, graphics and icons are our service marks or trademarks.  All other trademarks, service marks, product names and company names or logos that appear on the Service are the property of their respective owners, and their presence on the Service does not represent an endorsement of the Service.

Some of the software or services made available through the Service may be subject to additional third party or open source licensing terms and disclosures, including those linked to or set forth in the Service.

 

Third-Party Services and Information

Generally.  The Service may provide links and other connections to third-party websites, applications and services (“Third-Party Sites”), and may allow Third-Party Sites to provide information or services through the Service.  We may also make certain portions of the Service available through Third-Party Sites.  The content, features and business practices of Third-Party Sites are not under our control, and we will not be responsible or liable for any damage or loss caused by or in connection with the use of Third-Party Sites or any information, product or service available on or through such Third-Party Sites.  Our provision of a link to, or services through, any Third-Party Site does not imply any endorsement by us or any affiliation between us and the Third-Party Site.  Your use of any Third-Party Site or other services of any third party is between you and such third party.

 

Content Provided By You and Other Users

You are responsible for all content you submit to the Service, whether directly or indirectly through an Authentication Service or other Third-Party Site.  You represent and warrant that such content will be true and complete and that you have all rights necessary to submit such content to the Service, and that the display and other use of such content by us will not violate the rights of any third party.

You hereby grant us the non-exclusive, worldwide, royalty-free, perpetual, irrevocable, sub-licensable, transferable license to use, reproduce, modify, translate, publicly display, perform, create derivative works of, publish, distribute and promote any content you submit to the Service.  We may store and process such content within or outside of the United States of America.  We reserve the right, in our sole discretion, to remove, move or otherwise restrict any content submitted to the Service, at any time and for any or no reason, with or without notice.

In using the Service, you may access content submitted or otherwise made available by other users.  We do not pre-screen, edit or review content submitted to the Service.  You may be exposed to content that is inaccurate, offensive, indecent or objectionable.  We do not make any representations or warranties about the accuracy, integrity, quality or any other aspect of such content, and we will not be liable for any damage or loss caused by or in connection with the use of such content.  By using the Service, you agree to bear all risks associated with the use of any content on the Service and any reliance on the accuracy, completeness, or usefulness of such content.

 

No Warranties

YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK.  THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.  WE AND OUR AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

WE AND OUR AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO WARRANTY THAT:  (i) THE SERVICE WILL MEET YOUR REQUIREMENTS; (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE; OR (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS.

 

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE AND OUR AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE OR DATA, OR OTHER INTANGIBLE LOSSES, RESULTING FROM OR INCURRED IN CONNECTION WITH: (i) THE USE OR THE INABILITY TO USE THE SERVICE OR TERMINATION OF THE SERVICE; (ii) ANY INFORMATION OR ADVICE RECEIVED FROM THE SERVICE OR ANY EMPLOYMENT OFFERS OR TRANSACTIONS ENTERED INTO THROUGH OR AS A RESULT OF THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE OR ACCESSED THROUGH THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.

WITHOUT LIMITING THE FOREGOING, AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OUR MAXIMUM AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THE SERVICE AND THIS AGREEMENT SHALL NOT EXCEED THE FEES PAID BY YOU TO US IN CONNECTION WITH THE SERVICE DURING THE TWELVE (12) MONTHS PRECEDING THE DATE OF THE INITIAL EVENT CAUSING OR RESULTING IN SUCH LIABILITY.

THE FOREGOING PROVISIONS RELATED TO LIMITATIONS ON DAMAGES AND LIABILITY APPLY: (i) TO ALL TYPES OF DAMAGES AND LIABILITY INCLUDING WITHOUT LIMITATION FOR NEGLIGENCE; (ii) REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE; (iii) EVEN IF WE ARE ADVISED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES OR LIABILITY AND EVEN IF SUCH DAMAGES OR LIABILITY IS FORESEEABLE; AND (iv) EVEN IF ANY REMEDIES FAIL OF THEIR ESSENTIAL PURPOSE.

 

Exclusions and Limitations

The laws of some states do not allow THE DISCLAIMER OF implied warranties or the exclusion or limitation of LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL damages.  accordingly, some of the above disclaimers, exclusions or limitations may not apply to you.

 

Dispute Resolution / Class Action Waiver.

PLEASE READ THIS SECTION CAREFULLY BECAUSE IT REQUIRES YOU TO ARBITRATE CERTAIN DISPUTES AND CLAIMS WITH US AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM US.

Certain portions of this Section are deemed to be a “written agreement to arbitrate” pursuant to the Federal Arbitration Act. You and we agree that this Section satisfies the “writing” requirement of the Federal Arbitration Act.

To the fullest extent permitted by applicable law, you and we agree that any controversy, allegation, or claim arising out of or relating to the Terms or the Service, including but not limited to claims for indemnification, contribution, or cross-claims in a pending action involving one or more third parties (collectively, a “Dispute”), other than Disputes in which you or we seek to bring an individual action in small claims court or seek injunctive or other equitable relief for the alleged unlawful use of intellectual property, shall be finally and exclusively resolved individually by final and binding arbitration before a sole arbitrator under the Consumer Arbitration Rules of the American Arbitration Association, as amended and in effect at the time arbitration is initiated (the “AAA Rules”). The AAA Rules are available online at www.adr.org, or by calling (800) 778-7879, and are hereby incorporated by reference.

You and we further agree to the following with respect to the arbitration of any Dispute hereunder: (a) any claim must be brought in your individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding; (b) the arbitrator may not consolidate more than one person’s claims, may not otherwise preside over any form of a representative or class proceeding and may not award class-wide relief; (c) in the event that you are able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, we will pay as much of your filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive as compared to the cost of litigation; (d) each party will pay the administrative and arbitrator’s fees and other costs in accordance with the applicable arbitration rules, but we reserve the right, in our sole discretion, to assume responsibility for any or all of the fees and costs of the arbitration; (e) the arbitrator will honor claims of privilege and privacy recognized at law; (f) the arbitration will be confidential, and neither you nor we may disclose the existence, content, or results of any arbitration, except as may be required by applicable law or for purposes of enforcement of the arbitration award; (g) the arbitrator may award any individual relief or individual remedies that are expressly permitted by applicable law; and (h) each party will pay its own attorneys’ fees and expenses, unless there is a statutory provision that requires the prevailing party to be paid its fees and litigation expenses and the arbitrator awards such attorneys’ fees and expenses to the prevailing party, and, in such instance, the fees and costs awarded will be determined by the applicable law.  Any arbitration hearing will take place at an agreed upon location in Alameda County, California, but if the claim is for $10,000 or less, you may choose whether the arbitration will be conducted: (i) solely on the basis of documents submitted to the arbitrator; (ii) through a telephone hearing or (iii) by an in-person hearing as established by the AAA Rules in the county of your residence.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE THAT (I) NO ARBITRATION SHALL BE JOINED WITH ANY OTHER; (II) THERE IS NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE ARBITRATED ON A CLASS-ACTION BASIS OR TO UTILIZE CLASS ACTION PROCEDURES; AND (III) THERE IS NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE BROUGHT IN A PURPORTED REPRESENTATIVE CAPACITY ON BEHALF OF THE GENERAL PUBLIC OR ANY OTHER PERSONS.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AND WE AGREE TO WAIVE THE RIGHT TO A JURY TRIAL AND YOU UNDERSTAND THAT, ABSENT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT. THE SCOPE OF THIS WAIVER IS INTENDED TO BE ALL-ENCOMPASSING OF ANY AND ALL DISPUTES THAT MAY BE FILED IN ANY COURT AND THAT RELATE TO THE SUBJECT MATTER OF THE TERMS OF USE, INCLUDING, WITHOUT LIMITATION, CONTRACT CLAIMS, TORT CLAIMS, AND ALL OTHER COMMON LAW AND STATUTORY CLAIMS.

 

Indemnity

To the fullest extent permitted by law, you agree to indemnify and hold harmless us and our affiliates, officers, employees, agents, partners and licensors from and against any loss, damage, liability and costs, including reasonable attorneys’ fees, incurred in connection with any claim by any third party due to or arising out of your use of the Service, your violation of the Terms or the rights of another party, or content you submit to the Service.

 

Procedure for Making Claims of Copyright Infringement

We may, in appropriate circumstances and in our discretion, disable or terminate the accounts of users who may be repeat infringers.  If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide our Copyright Agent with the following information:

(1)       an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;

(2)       identification of the copyrighted work or other intellectual property that you claim has been infringed;

(3)       identification of the material that you claim is infringing and its location on the Service;

(4)       your address, telephone number, and email address;

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

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

Our Copyright Agent for Notice of claims of copyright or other intellectual property infringement can be reached as follows:

By mail:

Teamanics Copyright Agent

c/o Metabyte, Inc.

39300 Civic Center Drive, Suite 260

Fremont, CA 94538, USA

By email:

copyright@teamanics.com

 

General

Disclosures and Notices; Electronic Signature Consent. 

(1)       By registering for the Service, you agree that such registration constitutes your electronic signature, and you consent to electronic provision of all disclosures and notices from us (“Notices”), including those required by applicable law. You also agree that your electronic consent will have the same legal effect as a physical signature.

(2)       You agree that we can provide Notices regarding the Service to you through the Services, or by mailing Notices to the email or physical addresses identified in your account. Notices may include notifications about your account, changes to the Service, or other information we are required to provide to you. You also agree that electronic delivery of a Notice has the same legal effect as if we provided you with a physical copy. We will consider a Notice to have been received by you within 24 hours of the time a Notice is either posted to the Services or emailed to you.

(3)       You authorize us to provide Notices to you via text message to allow us to verify your control over your account (such as through two-step verification), and to provide you with other critical information about your account.  Standard text or data charges may apply to such Notices.  Where offered, you may disable text message notifications in the Service by responding to any such message with “STOP”, or by following instructions provided in the message.  However, by disabling text messaging, you may be disabling important security controls on your account.

Entire Agreement.  The Terms represent the entire agreement between you and us with regard to their subject matter, they supersede all prior agreements and representations, and they may not be modified except by us in writing (including modifications by us to this page).  In the event of any conflict between the Terms and any instructions or guidelines included in the Service, the Terms shall control.

Choice of Law and Forum.  The Terms, your use of the Service and the relationship between you and us, and any disputes, claims or causes of action related to the foregoing, shall be governed by the law of the State of California, United States, without regard to its conflict of laws principles, and any such dispute, claim or cause of action shall be brought only in federal or state court in the County of Alameda, California, United States, and you and we hereby generally and unconditionally submit to and accept the jurisdiction of such courts.

Assignment.  The Terms, including without limitation any rights or obligations provided for herein, may not be assigned, delegated or otherwise transferred by you.  Any assignment, delegation or transfer attempted to be made in violation of the Terms shall be null and void.

Waiver and Severability.  Our failure to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision by us.  Any provision of the Terms which is held invalid or unenforceable in any jurisdiction will, as to that jurisdiction, be ineffective only to the extent of such invalidity or unenforceability and without rendering invalid or unenforceable the remaining provisions of the Terms or affecting the validity or enforceability of any of the provisions of the Terms in any other jurisdiction, and the court or tribunal so holding will be empowered to substitute, to the extent enforceable, provisions similar to said provision, or other provisions, so as to provide to the parties the benefits intended by said provision to the fullest extent permitted by applicable law.  If any provision of the Terms is so broad as to be unenforceable, the provision will be interpreted to be only so broad as is enforceable.

Statute of Limitations.  Regardless of any statute or law to the contrary, any claim or cause of action by you arising out of or related to the Terms or the use of the Service must be filed within one (1) year after such claim or cause of action arose or be forever barred.

Export Compliance.  You represent that you are not named on any United States government denied-party list, and that you are not a resident of a country embargoed by the United States.  You agree not to export, reexport, or transfer, directly or indirectly, any products, software or technology acquired from us (including products derived from or based on such technology) in violation of United States export laws or regulations.

Headings.  The section headings in the Terms are for convenience only and have no legal or contractual effect.

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