OnDeck is a software product developed by TeamUnify, Inc and wirelessly connects to TeamUnify's Swim Team Management platform and allows authenticated users to download and upload data from the main TeamUnify Swim Team Management Platform.
This Terms & Conditions Agreement ("Agreement") sets forth the legally binding terms for your use of OnDeck. By using OnDeck, you agree to be bound by this Agreement. The term "User" refers to a person that has been authenticated to Login and use OnDeck and access their respective teams data. Please read this Agreement carefully. If you do not agree with it, you should tap on the Decline button.
TeamUnify may modify this Agreement from time to time and such modification shall be effective when User is requested to accept the terms and conditions prior to Logging In a newly downloaded version of OnDeck. You agree to be bound to any changes to this Agreement when you use OnDeck after you accept the Terms and Conditions.
SECURITY
Data downloaded into the OnDeck Application is not secure and is at risk for potential inadvertent use by a non-authorized person that takes possession of the Android device where OnDeck has been installed. OnDeck requires that a User Login each time they use OnDeck to help improve protection of the data that is stored within the OnDeck Applications database that resides on the device. Protection of your device and the downloaded data is exclusively yours. TeamUnify will not be responsible for the loss of your Android device and the stored data and/or inadvertent use by another party.
ELIGIBILITY
Use of Ondeck, you represent and warrant that all Login Information you submit has been granted to you by a swim team administrator; (b) you are a designated swim team administrator
TERM
This Agreement shall remain in full force and effect while you use OnDeck and are an authorized administrator of a swim team using the TeamUnify Swim Team Management Platform.
PASSWORD
When you are granted access to use OnDeck, you will use the same password that has been granted to access the main TeamUnify Swim Team Management Platform. You are entirely responsible for maintaining the confidentiality of your password. You agree not to disclose your password to any third party. You agree to notify your team administrators immediately if you suspect any unauthorized use of your account or access to your password. You are solely responsible for any and all use of your account.
LIMITATION OF LIABILITY
IN NO EVENT SHALL TEAMUNIFY BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF ONDECK, EVEN IF TEAMUNIFY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, TEAMUNIFY 'S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO TEAMUNIFY FOR USE OF ONDEL DURING THE TERM OF USE.
DISPUTES
If there is any dispute about or involving the TeamUnify or OnDeck services and/or producs, you agree that the dispute shall be governed by the laws of the State of Oregon, USA, without regard to conflict of law provisions and you agree to exclusive personal jurisdiction and venue in the state and federal courts of the United States located in the State of Oregon, City of Bend. Either TeamUnify or you may demand that any dispute between TeamUnify and you about or involving the OnDeck Application or TeamUnify Swim Team Management Platform must be settled by arbitration utilizing the dispute resolution procedures of the American Arbitration Association (AAA) in Bend, Oregon, USA, provided that the foregoing shall not prevent TeamUnify from seeking injunctive relief in a court of competent jurisdiction.
INDEMNITY
You agree to indemnify and hold TeamUnify , its subsidiaries, and affiliates, and their respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of OnDeck and the TeamUnify Swim Team Management Platform in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth above and/or if any action in the use of OnDeck causes TeamUnify to be liable to another.
OTHER
This Agreement is accepted upon your tapping the ACCEPT button and further affirmed by your download and/or uploading data into the OnDeck Application. This Agreement constitutes the entire agreement between you and TeamUnify regarding the use of OnDeck. The failure of TeamUnify to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision.
The section titles in this Agreement are for convenience only and have no legal or contractual effect. OnDeck is a trademark of TeamUnify, Inc. This Agreement operates to the fullest extent permissible by law. If any provision of this Agreement is unlawful, void or unenforceable, that provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions.
Please email us at: info@teamunify.com
I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.