Bynexa Terms of Service
Effective April 20, 2020
Welcome to TeamingPro!
Bynexa Inc., hereby known as TeamingPro, together with all of its subsidiaries and affiliates, (“TeamingPro”, “we”, “us”, “our” or the “Company”). Thanks for using our website and related services (collectively, with the website, our “Products”). By using our Products, you agree to these Terms of Service (“Terms”), unless you already have an existing superseding agreement with us. Please read these Terms carefully. This version supersedes any and all previous versions of our Terms.
1. Use of our Products. You will adhere to our Terms and follow our privacy policies posted on our website when using our Products. Don’t misuse our Products. Don’t interfere with our Products or try to access them using a method other than the interface and the instructions that we provide. You may use our Products only as permitted by law, including applicable export and re-export control laws and regulations. We may suspend or stop providing our Products to you if you do not comply with our Terms or privacy policies or if there is suspected misconduct or malintent. Using our Products does not give you ownership of any intellectual property rights in our Products or the content you access. You may not use content from our Products unless you obtain proper consents and permissions. These Terms do not grant you the right to use any branding or logos used in our Products. Don’t remove, obscure, or alter any legal notices displayed in or along with our Products. Our Products display some content that is not TeamingPro’s. This content is the sole responsibility of the entity that makes it available. In connection with your use of the Products, we may send you service announcements, administrative messages, and other information. You may opt out of some of those communications. Some of our Products may be available on mobile devices. Do not use such Products in a way that distracts you and prevents you from obeying traffic or safety laws. You may use our Products provided that you are a legal adult. You may not copy, modify or use our Products for any purpose other than that which they are intended. You agree not to copy, post, replicate, display, reproduce, upload, encode, translate, transmit or distribute our Products without our prior written permission. Any and all improvements, modifications, enhancements, updates, alterations, new features, new functionalities and derivative works regarding our Products suggested or created by you or at your direction (collectively, “Innovations”) shall be the exclusive property of TeamingPro. You hereby assign all right, title and interest to said Innovations to TeamingPro. You shall use the Products in compliance with all applicable federal, state and local laws, regulations, and rules, and in compliance with all of the terms and conditions of these Terms. If you are a federal government entity, we provide our Products for federal government end use as follows: technical data and computer software rights related to our Products are strictly and solely limited to those access rights specifically enumerated in these Terms. The access rights to be conveyed are provided in accordance with FAR 12.211 (Technical Data) and FAR 12.212 (Computer Software) and, for Department of Defense transactions, DFAR 252.227-7015 (Technical Data – Commercial Items) and DFAR 227.7202-3 (Rights in Commercial Computer Software or Computer Software Documentation). These Terms shall be considered to be an “Access Contract” under Virginia Code Section 59.1-501.2 and not a “License,” as defined in such Code Section. No express or implied license, right or interest in or to our Products or any copyright, patent, trade secret, trademark, invention or other intellectual property right of TeamingPro (collectively, with the Products, the “IP”) is conveyed. You shall not sublicense, assign, lease, market, transfer, encumber or suffer to exist any lien or security interest on the IP, nor shall you take any action that would cause the IP to be placed in the public domain. You shall not remove or allow (through act or omission) to be removed, any copyright, trade secret or other proprietary rights notice from the IP.
2. Your TeamingPro Account. You will need a TeamingPro account in order to use our Products. To protect your TeamingPro account, keep your password confidential. You are responsible for the activity that happens on or through your TeamingPro account. You will not misrepresent your identity or affiliations on your account or use our Products for competitive purposes against us. You warrant that you will not use any extraction tools or methods to data mine our website, nor will you attempt to sabotage, attack or use malicious software, viruses or bots to undermine or tamper with our Products. Only one person will have access per registered user. You may not assign, sell or convey any access rights granted to you without our prior written permission, and you will not share your login name or password with any other person or entity.
3. Privacy Policies. Please see our Privacy Policy. TeamingPro’s privacy policies explain how we treat your personal data and protect your privacy when you use our Products. By using our Products, you agree that TeamingPro can use such data in accordance with our privacy policies.
4. Your Content. Some of our Products may allow you to upload, submit, store, send or receive content. When you upload, submit, store, send or receive content from, to or through our Products, you give TeamingPro (and those we work with) a worldwide license to use, host, store, reproduce, modify, create derivative works (such as those resulting from translations, adaptations or other changes we make so that your content works better with our Products), communicate, publish, publicly perform, publicly display and distribute such content. This license continues even if you stop using our Products. Make sure you have the necessary rights to grant us this license. Our automated systems analyze your content (including emails) to provide you personally relevant product features, such as customized search results and tailored advertising. This analysis occurs as the content is sent, received, and when it is stored. If you have a TeamingPro account, we may display your profile name, profile photo, and actions you take on TeamingPro or on third-party applications connected to your TeamingPro account (such as reviews you write or written about you and comments you post or written about you and your product or service) in our Products, including displaying in ads and other commercial contexts. You can find more information about how TeamingPro uses and stores content in our privacy policies. If you submit feedback or suggestions about our Products, we may use your feedback or suggestions without obligation to you.
5. Our Software. TeamingPro does not give you a license to its software (“Software”) or Products; you receive only non-exclusive, non-transferable, personal, and limited access to content on our website and the ability to use such content in certain limited ways. You shall not permit, and are responsible for, any improper usage of our Products. You may not copy, modify, distribute, sell, or lease any part of our Products or Software, nor may you reverse engineer or attempt to extract the source code of the Software. In particular, and without limitation of the foregoing, you shall not directly or indirectly, nor permit any third party to (a) use the Products and Software except for the purpose identified in these Terms; (b) reverse assemble, reverse compile, or otherwise reverse engineer or attempt to derive the source code of the Software; or (c) modify, enhance or create derivative works of the Software.
6. Changing our Products. We change our Products from time to time and without notice to you. We may add or remove functionalities or features, and we may suspend or stop a service altogether. TeamingPro may also stop providing Products to you or add or create new limits to our Products at any time. If you have paid for access to a particular service, then we will of course honor our agreement with you.
7. Warranties and Disclaimers. TEAMINGPRO MAKE NO WARRANTIES OR PROMISES ABOUT THE PRODUCTS WHATSOEVER. FOR EXAMPLE, WE DON’T MAKE ANY WARRANTIES ABOUT THE CONTENT WITHIN THE PRODUCTS, THE SPECIFIC FUNCTIONS OF THE PRODUCTS, OR THEIR RELIABILITY, AVAILABILITY, OR ABILITY TO MEET YOUR NEEDS. WE PROVIDE THE PRODUCTS “AS IS”. SOME JURISDICTIONS PROVIDE FOR CERTAIN WARRANTIES, LIKE THE IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. TO THE EXTENT PERMITTED BY LAW, WE EXCLUDE ALL WARRANTIES AND YOU WAIVE ANY CLAIMS THEREFOR.
8. Limitation on Liability and Indemnity. TEAMINGPRO SHALL NOT BE RESPONSIBLE FOR LOST PROFITS, REVENUES, OR DATA, FINANCIAL LOSSES OR INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES EVEN IF ADVISED OF THE POSSIBILITY THEREOF. THE TOTAL LIABILITY OF TEAMINGPRO FOR ANY CLAIMS UNDER THESE TERMS, INCLUDING FOR ANY IMPLIED WARRANTIES, IS LIMITED TO DIRECT DAMAGES NOT TO EXCEED THE AMOUNT OF FEES PAID TO TEAMINGPRO BY YOU DURING THE SIX (6) MONTH PERIOD PRECEDING THE EVENTS THAT GIVE RISE TO THE SUBJECT CLAIM (OR, IF WE CHOOSE, TO SUPPLYING YOU THE PRODUCTS AGAIN). IN ALL CASES, TEAMINGPRO WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE THAT IS NOT REASONABLY FORESEEABLE. WE TAKE NO RESPONSIBILITY OR LIABILITY OF ANY KIND IF ANYONE DECIDES TO TAKE ACTION UPON ANY RECOMMENDATION THAT TEAMINGPRO MAKES. TEAMINGPRO SHALL NOT BE LIABLE TO ANY THIRD PARTY FOR ANY INJURY, CLAIM OR DAMAGES, UNDER ANY THEORY OF LIABILITY, ARISING OUT OF, OR CONNECTED IN ANY WAY TO THESE TERMS. YOU SHALL REIMBURSE TEAMINGPRO FOR AND SHALL RELEASE, INDEMNIFY, DEFEND AND HOLD TEAMINGPRO (INCLUDING ITS DIRECTORS, EMPLOYEES, OFFICERS, SHAREHOLDERS, MEMBERS, SUCCESSORS, SUBSIDIARIES AND AGENTS) HARMLESS FROM AND AGAINST ANY AND ALL COSTS, EXPENSES, LOSSES, CLAIMS, JUDGMENTS, LIABILITIES, DAMAGES, ACTIONS OR CAUSES OF ACTION (INCLUDING, WITHOUT LIMITATION, REASONABLE ATTORNEYS' FEES, INTEREST AND COURT COSTS) (COLLECTIVELY, "LOSSES") ARISING OUT OF OR RELATED TO THIS AGREEMENT, INCLUDING BUT NOT LIMITED TO ALL LOSSES INCURRED BY TEAMINGPRO CAUSED BY YOUR ACTIONS OR OMISSIONS.
9. Our Terms. We may modify these Terms and you should look at these Terms regularly. We’ll post notice of new Terms on this webpage, and they shall be effective upon posting. If you do not agree to the new Terms, you should discontinue your use of our Products. These Terms control the relationship between TeamingPro and you. They do not create any third-party beneficiary rights. If you do not comply with these Terms, and we don’t take action right away, this doesn’t mean that we are giving up any rights that we may have (such as taking action in the future). If it turns out that a particular term is not enforceable, this will not affect any other terms. The laws of Virginia, U.S.A., excluding Virginia’s conflict of laws rules, will apply to any disputes arising out of or relating to these Terms or the Products. All claims arising out of or relating to these Terms or the Products will be litigated exclusively in the federal or state courts for Virginia Beach, Virginia, USA, and you and TeamingPro consent to personal jurisdiction in those courts. These Terms and our privacy policies represent the parties’ entire understanding relating to the use of the Products and supersede any prior or contemporaneous, conflicting or additional, communications. In the event that there is a conflict between these Terms and our privacy policies, the privacy policies shall control. If any provision of these Terms is held by a court of competent jurisdiction to be invalid or unenforceable, then such provision(s) shall be construed to reflect the intentions of the invalid or unenforceable provision(s), with all other provisions remaining in full force and effect.
10. Fees. You will pay the fees for the Products set forth on our website and adhere to the terms of payment included therein. A disruption in service will not be the basis for nonpayment of fees or for the late payment of fees. All fees and other amounts are due and payable upon purchase by credit card. Overdue payments of fees and other amounts required to be paid shall accrue interest at the greater of one and one-half percent (1.5%) per month or the maximum allowable interest under applicable law from the due date until paid. TeamingPro shall be permitted to suspend the provision of any and all access and use of the Products until you have paid all delinquent payments, including interest. Any and all attorneys’ fees and costs incurred by TeamingPro in the collection of fees and other amounts due hereunder shall be reimbursed by you. All terms of payment on our website are incorporated herein by reference.
11. Refunds Policy. Since TeamingPro is offering non-tangible irrevocable goods, we do not issue refunds once an order is accomplished. As a customer, you are responsible for understanding this upon purchasing our Products. However, that being said, we DO honor requests for a refund based upon the following sole reason: our Product was not-as-described. Any such claim must be reported to us at claims@teamingpro.com within 7 days from the date of the purchase. Clear evidence must be provided proving that the purchased product is not as it is described on our website. Complaints which are based merely on the customer’s false expectations or wishes will not honored. Please note that we do not bear any responsibility and therefore we will not satisfy any refund/return/exchange requests based on incompatibility of our Products with third-party software. We don’t guarantee that our Products are fully compatible with any third-party programs and we do not provide support for third-party applications.
12. Termination. Subject to the cancellation policies and procedures set forth on our website, which are incorporated herein, either party may terminate these Terms at any time, and for any reason, upon at least sixty (60) days’ prior written or email notice to the other party; provided, however, that TeamingPro may terminate these Terms immediately and without providing you an opportunity to cure (i) upon your failure to pay fees and costs on a timely basis; (ii) your failure to use our Products in compliance with applicable laws and regulations, including export and re-export control laws and regulations; (iii) your failure to comply with these Terms or our privacy policies posted on our website or (iv) if you are suspected of misconduct or malintent. In the event of any termination of these Terms for any reason, all rights granted to you hereunder shall terminate immediately. Any termination of these Terms shall automatically and immediately have the effect of terminating your use and enjoyment of our Products, and you shall immediately pay TeamingPro any and all fees and costs due hereunder, up to and including the effective date of termination. The provisions of Sections 1, 4 ,5, 7, 8, 9, 10 and 12 of these Terms shall survive any termination of these Terms.
13. Prices are subject to change. If you sign up and successfully pay for a year’s worth of access, then your price is set for the amount set at the time of your successful transaction. This price will be valid until the next year’s charge which may or may not have changed since your initial sign up. If you have signed up for a month-to-month account, then you are paying for your account in the future for a duration of 30 days and within that 30-day period, your price will not change but we reserve the right to update our prices at any time and without prior notice. If this occurs, we will attempt to notify you by email of the coming change as a courtesy in pricing for your account. If you choose to continue your account with us then your account will be charged the new price for the following time period.
14. State and local taxes will be charged. Depending on the state your company is located in, we will collect the appropriate taxes for your state and jurisdiction.