TEAM Terms of Service


  • Definitions.
    • "Confidential Information" means, except as set forth in the following paragraph: (a) User Data; and (b) any commercial, financial, marketing, business, technical or other data, security measures and procedures, know-how or other information disclosed by or on behalf of the disclosing party to the receiving party for purposes arising out of or in connection with this Agreement.Notwithstanding the foregoing, the following shall not be Confidential Information: (1) information that was in the public domain at the time of its disclosure, or which becomes public domain property through no fault of the receiving party; (2) information that was rightfully in the receiving party's possession without restriction prior to disclosure; (3) information that was rightfully disclosed to the receiving party by a third party without restriction and (4) aggregate data collected or generated by TEAM or its affiliate regarding TEAM’s and its affiliate’s products and services that does not contain any personal information and other specific information relating to a User or User’s employee.
    • "Electronic Communications" means any transfer of signs, signals, text, images, data or records of any nature transmitted in whole or part electronically received and/or transmitted through the Website.
    • "Service" means, collectively, the training, assessment, testing, screening, reporting, audit results, and record keeping service performed by TEAM that is procured by User from TEAM.
    • “TEAM” means TEAM Professional Services, Inc., TEAM Background LLC and TEAM, LLC and its affiliates.
    • "URL Terms" means the terms with which User must comply, which are located at a URL, referenced in this Agreement and are hereby incorporated by reference.
    • "User” means an individual or entity which registers a TEAM user account and/or for which enrollment in any Service offered by TEAM on or through the Website has been procured.
    • "User Data" means all data, records and information submitted to TEAM by User or its affiliate.
    • “Website” means or any successor website.

Terms of Service.

User acknowledges and agrees to the following terms of service, which together with the URL Terms set forth in TEAM’s Privacy Policy and Website Terms of Use, shall govern User's access and use of the Service (collectively, the "Agreement").

  • Accuracy of User's Contact Information. User shall provide accurate, current and complete information on User's legal business name, address, email address, and phone number, and maintain and promptly update this information if it should change.
  • User Passwords, Access, and Notification. TEAM will act as though any Electronic Communications it receives under User's passwords, user name, and/or account number will have been sent by User. User shall use commercially reasonable efforts to prevent unauthorized access to or use of the Service and shall promptly notify TEAM of any unauthorized access or use of the Service and any loss or theft or unauthorized use of any User's password or name and/or Service account numbers.
  • General Restrictions. User is responsible for all activities conducted under User’s logins and for its employees’ and agents’ compliance with this Agreement. User shall not use the Service in a manner that is in violation of any third party rights of privacy or intellectual property rights. In addition to other rights that TEAM has in this Agreement, TEAM has the right to take remedial action if this section is violated, and such remedial action may include removing or disabling access to material that violates the policy set forth herein.
  • Other Restrictions. Except as permitted by this Agreement, no part of the Service may be copied, reproduced, distributed, republished, displayed, posted or transmitted in any form or by any means.
  • Transmission of Data. User understands that the technical processing and transmission of User's Electronic Communications is fundamentally necessary to use of the Service. User further acknowledges and understands that access to the Service and User Data stored thereon may be temporarily and briefly interrupted or curtailed due to equipment modifications, upgrades, relocations, repairs, and other similar activities. Without limiting TEAM's applicable obligations under 2.6 (Security) or 2.7 (Confidentiality), TEAM is not responsible for any Electronic Communications and/or User Data which are delayed, lost, altered, intercepted or stored during the transmission of any data whatsoever across networks not owned and/or operated by TEAM, including, but not limited to, the internet, User's local network, and servers and online digital storage used by TEAM’s agents, vendors, consultants, and other service providers (collectively, “Service Providers”), who may receive, or be given access to, User's Electronic Communications and User Data in accordance with 2.7 (Confidentiality).
  • Security. TEAM shall maintain commercially reasonable administrative, physical and technical safeguards designed for the protection, confidentiality and integrity of User Data. During the Term, TEAM shall maintain Payment Card Industry Data Security Standards compliance for the portions of the Service that store and process credit card data.
  • Confidentiality. Each party agrees to use the same degree of care that it uses to protect the confidentiality of its own confidential information of like kind (at all times, exercising at least a commercially reasonable degree of care in the protection of such confidential information) not to use or disclose Confidential Information except to the extent necessary to perform its obligations or exercise rights under this Agreement or as directed by User. Either party may disclose Confidential Information on a need-to-know basis to its affiliates, contractors and Service Providers who have executed binding written agreements requiring confidentiality and non-use obligations at least as restrictive as those in this Section. Additionally, User must input credit card information and social security numbers only in the fields designated for such data in the Service. Either party may disclose Confidential Information to the extent that such disclosure is required by law or order of a court or other governmental authority or regulation.
  • Ownership of User Data. As between TEAM and User, all title and intellectual property rights in and to the User Data is owned exclusively by User. User acknowledges and agrees that in connection with the provision of the Service, TEAM and its affiliates, contractors and service providers may store and maintain User Data for a period of time consistent with standard business processes. Following expiration or termination of the Agreement, TEAM may deactivate the applicable User account(s) and data stored therein shall be subject to deletion in accordance with TEAM’s data retention and disposal policy.
  • Warranties. Each party represents that it has validly entered into this Agreement and that it has the power and authority to do so. TEAM warrants that during the subscription term, TEAM will perform the Service using commercially reasonable care and skill in all material respects as described in the enrollment forms and that TEAM will not materially decrease the functionality described therein during the then-current subscription term. If the Service provided to User was not performed as warranted, User must promptly provide TEAM with a written notice that describes the deficiency in the Service (including, as applicable, the service request number notifying TEAM of the deficiency in the Service).
  • Term and Termination.
    • Term. The Term of this Agreement shall commence on the date of User’s enrollment in any Service offered by TEAM on or through the Website and shall continue to apply to such Service for a period of one (1) year (the “Term”), whereupon TEAM shall discontinue providing the Service and this Agreement shall expire unless renewed by User on the Website through its submission of a completed payment request within thirty (30) days of the anniversary date of the Agreement.
    • Suspension for Delinquent Account. TEAM reserves the right to suspend User's and any User affiliates' access to and/or use of the Service if any payment is due but unpaid but only after TEAM has provided User a delinquency notice, and at least thirty (30) days have passed since the transmission thereof. User agrees that TEAM shall not be liable to User or to any User affiliate or other third party for any suspension pursuant to this Section.
    • Termination for Cause, Expiration. Either party may immediately terminate this Agreement in the event the other party commits a material breach of any provision of this Agreement which is not cured within thirty (30) days of written notice from the non-breaching party. Upon termination or expiration of this Agreement, User shall have no rights to continue use of the Service. If this Agreement is terminated by User for any reason other than a termination expressly permitted by this Agreement, then TEAM shall be entitled to all of the fees due under this Agreement for the entire Term. If this Agreement is terminated as a result of TEAM's breach of this Agreement, then User shall be entitled to a refund of the pro rata portion of any service fees paid by User to TEAM under this Agreement for the terminated portion of the Term. In the absence of a breach of the Agreement by TEAM or the discontinuation of the Service in which User has enrolled, no portion of the fees due under the Agreement shall be subject to refund.
    • Notice. Any legal notice required under this Agreement shall be provided to the other party in writing. If User has a legal dispute with TEAM, or if User becomes subject to insolvency or other similar legal proceedings, User will promptly send written notice to: TEAM, LLC, 8165 South Mingo Road, Suite 100, Tulsa, Oklahoma 74133, Attention: Legal Department.
  • Service Fees and Payment.
    • Service Fees. The amount and payment schedule of the service fees and any other charges to be paid by User for the Services shall be posted on the Website and accepted by User upon submission of a completed payment request.
    • Payment. If User fails to pay any service fees within thirty (30) days from the date of invoice in accordance with the relevant Order Form, such unpaid amounts shall accrue interest from the due date thereof until the date of payment at the lesser of(1) 6% per annum or (2) the maximum rate of interest that may be charged by TEAM to User under applicable law.
    • Limited Refund Policy. Regardless of circumstances, refund requests relating to enrollment and renewal payments will only be considered by TEAM if made by User before the earlier of (i) 5:00 p.m. CT on the date User’s payment is completed, and, if applicable, (ii) TEAM’s completion of any requested enrollment audit on User’s behalf. Upon completion of any enrollment audit requested by User on or through the Website, User acknowledges and agrees that significant services will have been rendered by TEAM and no refund will be issued pursuant to this Section 5.3. For trainings purchased through TEAM, refund requests will only be considered if made by User before login credentials to the training website are issued. All refund requests should be made by User in writing and submitted via email to [email protected].
  • Modifications; Discontinuation of Service.
    • To the Service. TEAM may make modifications to the Service or particular components or features of the Service from time to time and will use commercially reasonable efforts to notify User of any material modifications. TEAM reserves the right to discontinue offering the Service at the conclusion of User's then current subscription term for such Service. TEAM shall not be liable to User nor to any third party for any modification of the Service as described in this Section.
    • To Applicable Terms. If TEAM makes a material change to any applicable URL Terms, then TEAM will notify User by either sending an email to the notification email address or posting a notice to the administrator in User's account or on the Website. If the change has a material adverse impact on User and User does not agree to the change, User must so notify TEAM within thirty days after receiving notice of the change. If User notifies TEAM as required, then User will remain governed by the URL Terms in effect immediately prior to the change until the end of the then current subscription term for the affected service(s). If the affected Service(s) is renewed, it will be renewed under TEAM's then current URL Terms.
  • Service Monitoring and Analyses.
    • TEAM continuously monitors the Service to facilitate TEAM's operation of the Service; to help resolve User service requests; to detect and address threats to the functionality, security, integrity, and availability of the Service as well as any content, data, or applications in the Service; and to detect and address illegal acts or violations of its Website Terms of Use. TEAM’s monitoring tools do not collect or store any User Data residing in the Service, except as needed for such purposes. TEAM does not monitor, and does not address issues with, non-TEAM software provided by User that is stored in, or run on or through, the Service. Information collected by TEAM monitoring tools (excluding User Data) may also be used to assist in managing TEAM's product and service portfolio, to help TEAM address deficiencies in its product and service offerings, and for license management purposes.
    • TEAM may (i) compile statistical and other information related to the performance, operation and use of the Service, and (ii) use data from the Service in aggregated form for security and operations management, to create statistical analyses, and for research and development purposes.
  • Miscellaneous.
    • No Third Party Rights. This Agreement is not intended and will not be construed to create any rights in any person other than TEAM and User and no person may assert any rights as third party beneficiary hereunder.
    • Relationship. The relationship of TEAM and User is that of independent contractors. Nothing in this Agreement will be construed as constituting TEAM and User as partners or joint venturers, or as creating the relationship of employer/employee, master and servant, franchisor and franchisee or principal and agent, between TEAM and User.
    • Force Majeure. Any delay in or failure of performance by TEAM hereunder shall be excused if and to the extent caused by a “Force Majeure Event.” Force Majeure Events are defined as fire, explosion, acts of God (including, but not limited to, flooding, tornadoes, wind, hurricanes and earthquakes), strikes, acts of civil or military authorities, acts of the public enemy, pandemics, epidemics, emergency orders and changes in law, provided that any such event is beyond the control of and without fault on the part of TEAM and the effects of which could not be prevented or avoided by the TEAM’s exercise of due care or foresight.
    • Severability. If any term or provision of this Agreement is determined to be illegal, unenforceable, or invalid in whole or in part for any reason, such illegal, unenforceable, or invalid provision or part thereof shall be stricken from this Agreement, and such provision shall not affect the legality, enforceability, or validity of the remainder of this Agreement. If any provision or part thereof of this Agreement is stricken in accordance with the provisions of this Section, then the stricken provision shall be replaced, to the extent possible, with a legal, enforceable and valid provision that is as similar in tenor to the stricken provision as is legally possible.

This document was last updated on March 1, 2024