THESE TERMS OF SERVICE INCLUDE A MANDATORY ARBITRATION PROVISION THAT DISALLOWS CLASS ACTIONS, A CLASS ACTION WAIVER PROVISION, AND A JURY WAIVER PROVISION.
Please check TEAMCH.AT regularly for modified and/or updated versions of these terms of service. Teamch.at will provide you notice of any material changes to the services and/or these terms of service. Except as otherwise determined by Teamch.at, modified and/or updated versions of these terms of service will be effective immediately upon posting; modified and/or updated versions of these terms of service will be identified by the date, month and year they become effective.
We make no promises or warranties that these terms of service updates will entertain you, but (in spite of our Lawyers) we will see what we can do.
Agreement between user and teamch.at
The teamch.at website (the "Site" or “Team Chat”) is comprised of various web pages operated by RokkinCat LLC ("Team Chat"). Teamch.at is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the "Terms"). Your use of teamch.at constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your reference.
Teamch.at is a Team Communication Site that enables P2P voice communications through the browser.
Visiting teamch.at or sending emails to Team Chat constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.
Links to third party sites/Third party services
teamch.at may contain links to other websites ("Linked Sites"). The Linked Sites are not under the control of Team Chat and Team Chat is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Team Chat is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Team Chat of the site or any association with its operators.
Certain services made available via teamch.at are delivered by third party sites and organizations. By using any product, service or functionality originating from the teamch.at domain, you hereby acknowledge and consent that Team Chat may share such information and data with any third party with whom Team Chat has a contractual relationship to provide the requested product, service or functionality on behalf of teamch.at users and customers.
No unlawful or prohibited use/Intellectual Property
All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of Team Chat or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. Team Chat content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of Team Chat and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of Team Chat or our licensors except as expressly authorized by these Terms.
Use of communication services
The Site may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, file sharing services, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, "Communication Services"), you agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service.
By way of example, and not as a limitation, you agree that when using a Communication Service, you will not: defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others; publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information; upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents; upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer; advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages; conduct or forward surveys, contests, pyramid schemes or chain letters; download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner; falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded, restrict or inhibit any other user from using and enjoying the Communication Services; violate any code of conduct or other guidelines which may be applicable for any particular Communication Service; harvest or otherwise collect information about others, including e-mail addresses, without their consent; violate any applicable laws or regulations.
Team Chat has no obligation to monitor the Communication Services. However, Team Chat reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. Team Chat reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.
Team Chat reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Team Chat's sole discretion.
Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. Team Chat does not control or endorse the content, messages or information found in any Communication Service and, therefore, Team Chat specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized Team Chat spokespersons, and their views do not necessarily reflect those of Team Chat.
Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you upload the materials.
The Service is controlled, operated and administered by Team Chat from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the Team Chat Content accessed through teamch.at in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
You agree to indemnify, defend and hold harmless Team Chat, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorneys' fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. Team Chat reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Team Chat in asserting any available defenses.
Liability and Warranty Disclaimer
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. ROKKINCAT LLC AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.
ROKKINCAT LLC AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. ROKKINCAT LLC AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
Team Chat reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of Wisconsin and you hereby consent to the exclusive jurisdiction and venue of courts in Wisconsin in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and Team Chat as a result of this agreement or use of the Site.
Changes to Terms
Team Chat reserves the right, in its sole discretion, to change the Terms under which teamch.at is offered. The most current version of the Terms will supersede all previous versions. Team Chat encourages you to periodically review the Terms to stay informed of our updates.
Dispute Resolution Process; Governing Law
We think Teamch.at and You will get along swimmingly. That being said:
If a dispute arises under this Agreement and it cannot be resolved with negotiations, the parties must try in good faith to settle the dispute by mediation before bringing a legal action or proceeding. The parties have 45 business days from the date a party receives notice to commence mediation and 120 business days from the notice date to complete mediation. The parties will mutually select a mediator and will share the costs of the mediation equally. The mediation will be conducted in Milwaukee, Wisconsin.
If the mediation fails, any party who desires to enter into an Arbitration proceeding or to bring a legal action or proceeding against any other party
arising out of or relating to this Agreement must bring it in an arbitration venue, state court or federal court in the County of Milwaukee, Wisconsin.
The parties consent to the exclusive jurisdiction of such courts, and each party waives any objections it may now or later have to the venue or
convenience of such forum. If TeamCh.at brings an action or proceeding to recover any fees or expenses owed under this Agreement, the Client must
reimburse and indemnify RokkinCat for the costs and expenses, including reasonable attorneys’ fees, that TeamCh.at incurs in connection with the action
ANY DISPUTE RESOLUTION PROCEEDINGS, WHETHER IN MEDIATION, ARBITRATION OR IN COURT, WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS ACTION OR REPRESENTATIVE ACTION OR AS A MEMBER IN A CLASS, CONSOLIDATED OR REPRESENTATIVE ACTION. YOU WILL NOT BE A CLASS REPRESENTATIVE, CLASS MEMBER OR OTHERWISE PARTICIPATE IN A CLASS, CONSOLIDATED OR REPRESENTATIVE PROCEEDING.
These Terms of Service will be governed by, construed under and enforced in accordance with the laws of the State of Wisconsin without reference to its
choice of law principles or the United Nations Convention on the International Sale of Goods. In the event any party brings a civil action or initiates
judicial proceedings of any kind related to these Terms of Service (except for actions to enter or collect on judgments), the parties consent to the
exclusive personal jurisdiction and venue of the federal and state courts located in Milwaukee County, Wisconsin and the prevailing party will be entitled
to recover its costs, including reasonable attorney's fees.
Any notice(s) to You pursuant to these Terms of Service, including, without limitation, any notices of material changes to these Terms of Service, will be sent to Your primary contact of record as provided by You to Teamch.at. Notice(s) to You will be deemed to be delivered when sent via one or any combination of the following on Teamch.at' books and records: Your email address(s) and/or posting to any Electronic Tool made available to You by Teamch.at; Your facsimile number; and/or next-day delivery service (for example, FedEx or the United States Postal Service) to Your physical or postal address. Any notice(s) to Teamch.at pursuant to these Terms of Service will be sent via next-day delivery service (for example, FedEx or the United States Postal Service) to Teamch.at at 229 E Wisconsin Ave, #1200, Milwaukee, Wisconsin 53202, Attention: Jason Stiebs
Congratulations! You are almost finished reading these Terms of Service. Remember that we invite you to contact us if you have any questions about these Terms of Service, we want to be sure that you understand them well!
You agree that you are not relying on any affirmation of fact, description, or promise from (or purported to be from) any person or entity, nor any oral or written representation or warranty that is not expressly included in these Terms of Service. Any alterations or additions to these Terms of Service made by You by any means will not be considered part of these Terms of Service. Teamch.at' failure to insist upon or enforce strict performance of or strict compliance with any provision of these Terms of Service will not be construed as a waiver of any provision or right; neither the course of conduct between the parties nor trade practice will act to modify any provision of these Terms of Service or any Supplement entered into from time to time pursuant to these Terms of Service. In the event of a conflict between these Terms of Service and any applicable tariff, the tariff will prevail. You may not assign these Terms of Service without Teamch.at's prior written consent. These Terms of Service will be binding on the parties hereto and their respective personal and legal representatives, successors, and permitted assigns.
Following the Law
Team Chat's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Team Chat's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by Team Chat with respect to such use.
If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
Dates and Times
In the event any specified time frame or deadline denotes calendar days, it is agreed that when the last date of required action or response falls on a weekend or holiday, the action and/or deadline will automatically extend to the next business day. Agreement headings are provided for reference purposes only.
THESE TERMS OF SERVICE, TOGETHER WITH ANY ATTACHMENTS REFERENCED IN THESE TERMS OF SERVICE, INCLUDING, WITHOUT LIMITATION, THE TERMS OF ANY APPLICABLE MEMBERSHIP PLAN, EACH OF WHICH IS INCORPORATED HEREIN BY REFERENCE, CONSTITUTE THE ENTIRE UNDERSTANDING BETWEEN YOU AND TEAMCH.AT WITH RESPECT TO TEAMCH.AT. YOU ARE NOT RELYING ON ANY AFFIRMATION OF FACT, DESCRIPTION, OR PROMISE FROM (OR PURPORTED TO BE FROM) ANY PERSON OR ENTITY, NOR ANY OTHER ORAL OR WRITTEN REPRESENTATION OR WARRANTY THAT IS NOT EXPRESSLY INCLUDED IN THESE TERMS OF SERVICE.
WHEN YOU ACCEPT THESE TERMS OF SERVICE, YOU ARE REPRESENTING THAT YOU ARE AT LEAST 18 YEARS OLD AND ARE LEGALLY ABLE TO ACCEPT AN AGREEMENT. IF YOU ACCEPT ON BEHALF OF ANY ORGANIZATION, YOU ARE REPRESENTING THAT YOU ARE AUTHORIZED TO BIND THAT ORGANIZATION AND, WHERE THE CONTEXT REQUIRES, "YOU" MEANS THE ORGANIZATION.
Team Chat welcomes your questions or comments regarding the Terms:
229 E Wisconsin Ave, #1200
Milwaukee, Wisconsin 53202
Effective as of June 08, 2015