Terms of Use

Last updated: March 12, 2018

Welcome to TeamPlace.com. Team Placement Service, Inc. and/or its affiliates (“TPS”) provide website features and other products and services to you when you visit TeamPlace.com, use TPS products or services, use TPS applications for mobile, or use software provided by TPS in connection with any of the foregoing. TPS provides the services subject to the following conditions.

PRIVACY

Please review our Privacy Notice, which also governs your use of TeamPlace.com, to understand our practices.

ELECTRONIC COMMUNICATIONS

When you use TeamPlace.com, or send e-mails, text messages, and other communications from your desktop or mobile device to us, you may be communicating with us electronically. You consent to receive communications from us electronically, such as e-mails, texts, mobile push notices, or notices and messages on this site, and you can retain copies of these communications for your records. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

COPYRIGHT

All content included in or made available through TeamPlace.com, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software is the property of TPS or its content suppliers and protected by United States and international copyright laws. The compilation of all content included in or made available through TeamPlace.com is the exclusive property of TPS and protected by U.S. and international copyright laws.

TRADEMARKS

In addition, graphics, logos, page headers, button icons, scripts, and service names included in or made available through TeamPlace.com are trademarks or trade dress of TPS in the U.S. and other countries. TPS’ trademarks and trade dress may not be used in connection with any product or service that is not TPS’, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits TPS. All other trademarks not owned by TPS that appear in TeamPlace.com are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by TPS.

LICENSE AND ACCESS

Subject to your compliance with these Terms of Use and any Service Terms, and your payment of any applicable fees, TPS or its content providers grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access and make personal and non-commercial use of TeamPlace.com content. This license does not include any resale or commercial use of TeamPlace.com, or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of TeamPlace.com contents; any downloading, copying, or other use of account information for the benefit of any third party; or any use of data mining, robots, or similar data gathering and extraction tools. All rights not expressly granted to you in these Terms of Use are reserved and retained by TPS or its licensors, suppliers, publishers, rightsholders, or other content providers. No TeamPlace.com, nor any part of TeamPlace.com, may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of TPS. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of TPS without express written consent. You may not use any meta tags or any other “hidden text” utilizing TPS’ name or trademarks without the express written consent of TPS. You may not

misuse TeamPlace.com. You may use TeamPlace.com only as permitted by law. The licenses granted by TPS terminate if you do not comply with these Terms of Use.

YOUR ACCOUNT

You may need your own TPS account to use certain TPS Services, and you may be required to be logged in to the account and have a valid payment method associated with it. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your account, and you agree to accept responsibility for all activities that occur under your account or password. TPS reserves the right to refuse service, terminate accounts, terminate your rights to use TeamPlace.com, remove or edit content, or cancel orders in its sole discretion.

REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT

You may post reviews, comments, photos, videos, and other content; send e-cards and other communications; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights (including publicity rights), or otherwise injurious to third parties or objectionable, and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam” or unsolicited commercial electronic messages. You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. TPS reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content.

If you do post content or submit material, and unless we indicate otherwise, you grant TPS a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, perform, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant TPS and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify TPS for all claims resulting from content you supply. TPS has the right but not the obligation to monitor and edit or remove any activity or content. TPS takes no responsibility and assumes no liability for any content posted by you or any third party.

COPYRIGHT COMPLAINTS

TPS respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please contact TPS.

PRICING

With respect to services provided by TPS, we cannot confirm the service price until you order.

APP PERMISSIONS

When you use any apps created by TPS, you may grant certain permissions to us for your device. Most mobile devices provide you with information about these permissions.

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH TEAMPLACE.COM ARE PROVIDED BY TPS ON AN “AS IS” AND “AS AVAILABLE” BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. TPS MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF TEAMPLACE.COM, OR THE

INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH TEAMPLACE.COM, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF TEAMPLACE.COM IS AT YOUR SOLE RISK.

TO THE FULL EXTENT PERMISSIBLE BY LAW, TPS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. TPS DOES NOT WARRANT THAT TEAMPLACE.COM, INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH TEAMPLACE.COM, TPS’ SERVERS OR ELECTRONIC COMMUNICATIONS SENT FROM TPS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TO THE FULL EXTENT PERMISSIBLE BY LAW, TPS WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF TEAMPLACE.COM, OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH TEAMPLACE.COM, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.

DISPUTES

Any dispute or claim relating in any way to your use of TeamPlace.com, or to any products or services sold or distributed by TPS will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act and federal arbitration law apply to this agreement.

There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of these Terms of Use as a court would.

To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to: 1414 Prince St, Ste 202; Alexandria, VA 22314.

We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.

APPLICABLE LAW

By using TeamPlace.com, you agree that the Federal Arbitration Act, applicable federal law, and the laws of the state of Virginia, without regard to principles of conflict of laws, will govern these Terms of Use and any dispute of any sort that might arise between you and TPS.

SITE POLICIES, MODIFICATION, AND SEVERABILITY

We reserve the right to make changes to our site, policies, Service Terms, and these Terms of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.

OUR ADDRESS

Team Placement Service, Inc.

2871 Duke St.

Alexandria, VA 22314 www.teamplace.com

ADDITIONAL TPS SOFTWARE TERMS

The following terms (“Software Terms”) apply to any software (including any updates or upgrades to the software) and any related documentation we make available to you in connection with TeamPlace.com (the “TPS Software”).

1. Use of the TPS Software. You may use TPS Software solely for purposes of enabling you to use TeamPlace.com as provided by TPS, and as permitted by these Terms of Use. You may not incorporate any portion of the TPS Software into other programs or compile any portion of it in combination with other programs, or otherwise copy (except to exercise rights granted in this section), modify, create derivative works of, distribute, assign any rights to, or license the TPS Software in whole or in part. All software used in TeamPlace.com is the property of TPS or its software suppliers and is protected by United States and international copyright laws.

2. Use of Third Party Services. When you use the TPS Software, you may also be using the services of one or more third parties, such as a wireless carrier or a mobile software provider. Your use of these third party services may be subject to the separate policies, terms of use, and fees of these third parties.

3. No Reverse Engineering. You may not reverse engineer, decompile or disassemble, tamper with, or bypass any security associated with the TPS Software, whether in whole or in part.

4. Updates. We may offer automatic or manual updates to the TPS Software at any time and without notice to you.

5. Government End Users. If you are a U.S. Government end user, we are licensing the TPS Software to you as a “Commercial Item” as that term is defined in the U.S. Code of Federal Regulations (see 48 C.F.R. § 2.101), and the rights we grant you to the TPS Software are the same as the rights we grant to all others under these Terms of Use.

6. Conflicts. In the event of any conflict between these Terms of Use and any other TPS or third-party terms applicable to any portion of TPS Software, such as open-source license terms, such