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Terms and Conditions

TERMS AND CONDITIONS

The website teamplaybookbuilder.com or the app which accompanies these terms (“Service”), is owned by PlaybookBuilder LLC (“Playbook”).  By using our services, you are agreeing to these terms. Please read them carefully.

Amendments to Terms and Conditions

You are subject to these Terms and Conditions beginning upon your use of the Service.  Playbook reserves the right to update and change the Terms and Conditions from time to time at Playbook’s sole discretion, with notice.  Playbook will notify you of any changes by posting the changes on the teamplaybookbuilder.com website or otherwise providing them through the app. Any new features that augment or enhance the current Service, including the release of new tools and resources, shall be subject to these Terms and Conditions. Continued use of the Service after any such changes shall constitute your consent to such changes.

Account Terms

  1. You must take precautions to protect the confidentiality of your password and other login information (collectively, your “Account”). You should not share your password or login information with any other person or entity. Each user account may only be used by one person – a single login shared by multiple people is not permitted. Notwithstanding the foregoing, the entity you represent is responsible for all activities of its users.

  2. You are responsible for maintaining the security of your Account. Playbook cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.

  3. Contact Playbook immediately if you suspect unauthorized use of Account information, or any other unauthorized activity on your Account. You must exit fully out of your Account at the end of each session.

  4. You are able to submit information, content and/or other materials (collectively, “User Content”). You are responsible for all User Content posted and activity that occurs under your Account (even when content is posted by others who are sharing your pages).

  5. You may not use the Service for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction (including but not limited to intellectual property laws including copyright, patent and trademark laws).

Violation of this section may result in the termination of your Account. While Playbook prohibits such conduct and content on the Service, you understand and agree that Playbook cannot be responsible for the content posted on the Service and you nonetheless may be exposed to such materials. You agree to use the Service at your own risk.

Payment, Refunds, Upgrading and Downgrading Terms

  1. A valid credit card is required for paying accounts.

  2. The Service is billed in advance on a monthly basis and is non-refundable. There will be no refunds or credits for partial months of service, or refunds for months unused with an open Account.

  3. All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties, excluding only United States (federal or state) taxes, which federal and state taxes are payable by Playbook.

  4. Please contact Playbook to request any upgrade or downgrade in plan level (number of users and/or number of playbooks). Your credit card provided will automatically be charged the new rate.

  5. Downgrading your Service may cause the loss of content, features, or capacity of your account. Playbook does not accept any liability for such loss.

Cancellation and Termination

  1. You are responsible for properly cancelling your account. You may call Playbook at (616) 200-4094 or email Playbook at rloduca@teamplaybookbuilder.com . You may cancel your account at any time for any reason.

  2. Provided that you are not in material breach of these Terms and Conditions, Playbook will retain all User Content for up to ninety (90) days following cancellation and you may download a copy of all User Content during such period. Following such period, Playbook maintains no obligation to retain any of your User Content, and upon request will delete all such user content.

  3. If you provide Playbook notice to cancel the Service before the end of your current paid up month, your cancellation will take effect immediately. You will not be charged again, nor will you receive a refund for the unused portion of your subscription.

  4. Playbook may terminate your Account in the event you are in breach of these Terms and Conditions and do not remedy such breach within thirty (30) days’ of receiving written notice from Playbook.

Modifications to the Service and Prices

  1. Playbook reserves the right at any time and from time to time to modify or, with sixty (60) days’ notice, discontinue, temporarily or permanently, the Service (or any part thereof). You acknowledge that certain elements of the Service are, or may in the future be, licensed to Playbook by third parties and that the availability of such elements may cease automatically, without notice or liability on the part of Playbook.

  2. Prices of all Services, including but not limited to monthly subscription plan fees to the Service, are subject to change upon 60 days’ notice, but Playbook will not increase its fees greater than 3% in a twelve-month period.

  3. Playbook shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service conducted in accordance with this Section.

Copyright and Content Ownership

  1. All User Content must comply with U.S. copyright law.

  2. Playbook claims no ownership rights over the material you provide to the Service. Your profile and materials uploaded remain yours. However, by setting your pages to be shared with your Users ( team members, clients, customers, etc.), you agree to allow them to view and share your content. You grant to Playbook a perpetual, irrevocable, worldwide, royalty-free, non-exclusive, and fully sublicensable license, under all intellectual property and other rights, including, without limitation, privacy and publicity, to use your User Content to provide the Services.

  3. When you upload, post, transmit, or otherwise make available through the Services User Content, you represent and warrant that (i) you own or otherwise control all of the rights to the User Content that you post; (ii) use of the User Content you supply does not violate these Terms and Conditions; (iii) the User Content does not infringe on any intellectual property or other rights of any third party and does not violate any applicable laws or regulation; and (iv) the User Content will not cause injury to any person or entity. You also agree that you will not: (A) post any User Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable; (B) impersonate any person or entity, including, but not limited to, any of our employees, company officials, directors, shareholders, agents, representatives or users, or falsely state or otherwise misrepresent your affiliation with a person or entity. Without limiting the foregoing, Playbook retains, in its sole discretion, but not obligation, the right to remove any User Content Playbook reasonably believe violates these Terms and Conditions. Further, should User Content be deemed illegal, Playbook will cooperate with the proper authorities, including but not limited to submitting all necessary information to them.

  4. You shall defend Playbook or any third party against any claim, demand, suit or proceeding made or brought against Playbook or such third party by a third party alleging that your User Content, or your use of the Service in violation of this Agreement, infringes or misappropriates the intellectual property rights of a third party or violates applicable law, and shall indemnify Playbook and any third party for any damages finally awarded against, and for reasonable attorney’s fees incurred by Playbook or such third party in connection with any such claim, demand, suit or proceeding; provided, that Playbook (a) promptly gives you written notice of the claim, demand, suit or proceeding; (b) gives you sole control of the defense and settlement of the claim, demand, suit or proceeding (provided that you may not settle any claim, demand, suit or proceeding unless the settlement unconditionally releases Playbook of all liability, or Playbook otherwise agrees in writing ); and (c) provides to you all reasonable assistance, at your expense.

  5. The Service design, text and graphics, and the selection and arrangement of those elements are copyrighted ©2013 Wisdom Link Ventures, LLC – Playbook Builder and are protected by worldwide copyright laws and treaty provisions. Unless otherwise indicated, all product and service marks and logos displayed on the Service are subject to the trademark rights of Playbook, its affiliates, or its business partners. Don’t: (a) remove or destroy any proprietary rights marks or legends on or in the Service; (b) modify, enhance, adapt, translate, or create derivative works of the Service; (c) republish, post, transmit, transfer, distribute, assign, sublicense, rent, lease or sell the Service; (d) decompile, disassemble or reverse engineer the Service; (e) reproduce or make copies of the Service; (f) “frame” or “mirror” the Service on any other server or Internet-based device; and/or (g) access, view, download, print, use and/or display the Service for any commercial or other money-making purpose unless expressly permitted by Playbook and the functionality of the Services; (h) download or copy Account information for the benefit of another Playbook customer; (i) use any data mining, robots, or similar data gathering and extraction tools; (j) disclose any pricing or product information contained in the Service to third parties; or (k) use any meta tags or any other “hidden text” utilizing Playbook name or trademarks without Playbook’s express written consent.

  6. Playbook trademarks cannot be used without an express, written license agreement. Playbook trademarks and trade dress may not be used in connection with any product or service that does not belong to Playbook, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Playbook. All other trademarks not owned by Playbook that appear on the Service are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Playbook.

  7. Playbook and/or its licensors own and retain all rights, title and interests, including all intellectual property rights, in and to the Service, and all elements thereof and it has all requisite rights and authority to license the Service to you. Except for the express licenses granted to you herein, you neither have nor acquire any rights, title or interests in or to the Service, or any element thereof.

  8. Subject to these Terms and Conditions, Playbook shall indemnify you and your users from and against any loss, damage, liability, and expense arising from any claim brought against you by a third party to the extent alleging that your use of the Services, as provided by Playbook and used in accordance with these Terms and Conditions, infringes upon any valid U.S. patent, copyright, trademark, trade secret, or other proprietary right of such third party.

  9. You may be exposed to content uploaded by third parties (“Third-Party Content”). Third Party Content may be offensive, indecent or objectionable. Under no circumstances will Playbook be liable in any way for any Third-Party Content, including, but not limited to, any errors or omissions in any Third-Party Content, or for any loss or damage of any kind incurred as a result of the use of any Third-Party Content posted, transmitted or otherwise made available through the Service. You acknowledge that Playbook does not have any obligation to pre-screen Third-Party Content, although Playbook reserves the right, in its sole discretion, to refuse, move, or delete any Third-Party Content.

  10. 10. You are solely responsible for any use or reliance on Third-Party Content, including on its accuracy, completeness, or usefulness. You agree that you must evaluate, and bear all risks associated with, the use of any Third-Party Content, including any reliance on the accuracy, completeness, or usefulness of such Third-Party Content. Playbook will bear no liability for your use of Third-Party Content.

  11. 11. The Services may include the ability for you to upload User Content for use by third parties. All payment and fee collection obligations will be as agreed upon between you and Playbook.

General Conditions

  1. Your use of the Service is at your sole risk. The service is provided on an “as is” and “as available” basis.

  2. Playbook will use its reasonable efforts to ensure that the Service is available 99.5% of the time in each calendar quarter. If the service is not available and fully functional more than 10% of the time in any one month, Playbook will proportionately refund your fees. The foregoing remedy sets forth your sole and exclusive remedy in the event the Service does not meet the uptime commitment set fourth in this Section.

  3. Technical support is only provided to paying account holders and is mainly available via email. Support is only available in English. Technical support may be reached at: support@teamplaybookbuilder.com.

  4. You understand that Playbook uses third party vendors and hosting partners to provide the necessary hardware, software, networking, and related technology required to run the Service and Playbook will not be liable for any performance failure by such party.

  5. Verbal, physical, written or other abuse (including threats of abuse or retribution) of any Playbook customer, employee, member, or officer will result in immediate account termination.

  6. You understand that the technical processing and transmission of the Service, including User Content, may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.

  7. If your bandwidth usage exceeds your Account allowance, or significantly exceeds the average bandwidth usage (as determined solely by Playbook) of other Playbook customers, Playbook reserves the right to immediately disable your

Account or throttle your file or image hosting until you can reduce your bandwidth consumption.

  1. Playbook does not warrant that (i) the Service will meet your specific requirements, (ii) the service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the Service will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the Service will meet your expectations, and (v) any errors in the Service will be corrected.

  1. You expressly understand and agree that Playbook shall not be liable for any indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Playbook has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the Service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the Service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the Service; (v) termination of your Account; or (vi) any other matter relating to the service. In no event will Playbook’s liability to you or any third party exceed the total amount of fees paid by you to Playbook during the six months prior to the event giving rise to such claim, except for indemnity under “Copyright & Content Ownership paragraph 8 in which case Playbook’s liability to you or any third party will not exceed (5) times the total amount of fees paid by you to Playbook during the six months prior to the event giving rise to such claim.

  2. 10. The failure of Playbook to exercise or enforce any right or provision of the Terms and Conditions shall not constitute a waiver of such right or provision. The Terms and Conditions constitutes the entire agreement between you and Playbook and govern your use of the Service, superseding any prior agreements between you and Playbook (including, but not limited to, any prior versions of the Terms and Conditions). You agree that these Terms and Conditions and your use of the Service shall be governed by the laws of the State of Michigan.

  3. 11. Materials may be made available through the Services or on the website by third parties not within the control of Playbook. It is Playbook’s policy not to permit materials known by Playbook to be infringing to remain available. You should notify Playbook promptly if you believe any materials infringe a third party copyright by following the procedures in the attached DMCA policy.

  4. 12. Questions about the Terms and Conditions should be sent to rloduca@teamplaybookbuilder.com

These Terms and Conditions (including all documents incorporated by reference) is the entire agreement between the parties for its subject matter and supersedes all prior and contemporaneous communications between the parties.