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Privacy Policy and Terms & Conditions

Welcome to Virtual Teammate. These Customer Terms & Conditions (“Terms”) apply to the Virtual Teammate website located at https://www.virtualteammate.com/ and all other sites, mobile sites, services, applications, platforms, and tools where these Terms appear or are linked (collectively, the “Website”).  As used in these Terms, “Virtual Teammate, “us” or “we” refers to Virtual Teammate, LLC and its subsidiaries and affiliates, and “Customer”, “you”, and “your” refer to any users of the Website. 

 

These Terms form the basis of Virtual Teammate’s relationship with you. You are responsible for reading and understanding these Terms as they affect your legal rights. These Terms contain an arbitration clause that requires the use of arbitration on an individual basis to resolve disputes rather than jury or any other court proceedings, or class actions of any kind. The arbitration agreement is set forth in the “Arbitration Agreement” section below.

Introduction:

BY ACCESSING OR OTHERWISE USING THE WEBSITE, YOU AGREE TO THESE TERMS. Any person or entity who interacts with the Website through the use of crawlers, robots, browsers, data mining or extraction tools, or other functionality, whether such functionality is installed or placed by such person or entity or a third party, is considered to be using the Website. If at any time you do not accept all of these Terms, you must immediately stop using the Website.

Content:

All rights, titles, and interest in and to the content included on the Website such as text, graphics, logos, images, audio clips, video, data, music, software, application updates, and other material (collectively, “Content”) is owned or licensed property of Virtual Teammate or its suppliers or licensors and is protected by copyright, trademark, patent or other proprietary rights. Virtual Teammate trademarks may not be copied, imitated, or used, in whole or in part, except with express permission. Virtual Teammate and our logos, our product or service names, our slogans and the look and feel of the Virtual Teammate services are trademarks of Virtual Teammate and may not be copied, imitated or used, in whole or in part, except with express permission.

License and Access:

Virtual Teammate grants you a limited license to access and make personal use of the Website and the Content for NONCOMMERCIAL PURPOSES ONLY. You may download, print, and copy Content for personal, noncommercial purposes only, provided you do not modify or alter the Content in any way, delete or change any copyright or trademark notice, or violate these Terms in any way. Accessing, downloading, printing, posting, storing, or otherwise using the Site or any of the Content for any commercial purpose, whether on behalf of yourself or on behalf of any third party, constitutes a material breach of these Terms. The Website is intended for use by individuals 13 years of age or older. If you are under 18, you may use this Website only with the involvement of a parent or guardian.

Your Virtual Teammate Account:

You may be required to register with Virtual Teammate in order to access certain services or areas of the Website. With respect to any such registration, we may refuse to grant you the user name you request. Your username and password are for your personal use only, and you may not share your username or password with any individual or third party (other than Virtual Teammate). If you use the Website, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you accept responsibility for all activities that occur under your account or password. In addition to all other rights available to Virtual Teammate including those set forth in these Terms, Virtual Teammate reserves the right, in its sole discretion, to terminate your account or refuse service to you.

Website Modification & Termination:

Virtual Teammate may at any time: (i) modify or discontinue any part of the Website; (ii) charge, modify, or waive fees required to use the Website; or (iii) offer opportunities to some or all Website users. Virtual Teammate reserves the right to make changes to these Terms at any time, and such changes will be effective immediately upon being posted on the Website. Each time you use the Website, you should review the current Terms. You can determine when these Terms were last revised by referring to the “LAST UPDATED” legend at the top of these Terms. Your continued use of the Website will indicate your acceptance of the current Terms; however, any change to these Terms after your last usage of the Website will not be applied retroactively. Virtual Teammate reserves the right, without notice and at its sole discretion, to terminate your account or your use of the Website and to block or prevent future access to and use of the Website (i) if you violate any of these Terms, (ii) for any other reason; or (iii) for no reason. Upon any such termination, your right to use the Website will immediately cease.

 

Virtual Teammate is not liable to you or any third party for any termination of your access to the Website. Upon termination, all provisions of these Terms which are by their nature intended to survive termination, all representations and warranties, all limitations of liability and all indemnities survive such termination.

Electronic Delivery:

Virtual Teammate may electronically deliver service-related documents and/or disclosures to you (including for any persons for whom you are the legal guardian), which may include wage, tax, and health insurance notices, as applicable. You authorize Virtual Teammate to receive such service-related documents and/or disclosures electronically on your behalf and agree to be notified of such notices electronically. Virtual Teammate may provide electronic delivery via email to the email address provided by you in the Virtual Teammate platform or by reference to a location on the Virtual Teammate platform to which you have access. If you are using the Virtual Teammate services on behalf of a customer and/or its employees and contractors, you represent that you have affirmative consent from your employees and/or contractors of such company to receive electronic disclosures from Virtual Teammate through the services. 

Enforceability:

You acknowledge that, under applicable laws, some documents require a manual or handwritten signature, and that it is your responsibility to determine whether a document requires a manual or handwritten signature. You understand that you are solely responsible with respect to the content, validity, or enforceability of any document, and that Virtual Teammate makes no representations or warranties regarding the validity or enforceability of your documents signed using the E-Sign Service.

Document Retention:

Unless as otherwise specified in the applicable Additional Terms, Virtual Teammate is not responsible for determining how long any contracts, documents, and other records are required to be retained or stored under any applicable laws, regulations, or legal or administrative agency processes.

Accuracy of Customer Information:

Virtual Teammate services may be based upon information provided to Virtual Teammate by you, including through your employees, contractors, Authorized Representatives, or other representatives, or by third-party services from which you may elect to import your information (including proof of applicable tax identification numbers, payroll information, benefits information, and insurance information, leave policies and other employment practices) (“User Representations”). You must review all User Representations when made and from time to time to ensure such information is accurate, complete, and timely. Virtual Teammate is entitled to rely conclusively on all User Representations, and Virtual Teammate does not have any obligation to independently verify, correct, update, or otherwise ensure the accuracy or quality of the User Representations. Virtual Teammate bears no responsibility and does not have any liability for errors, omissions, penalties, fines, missed payments, judgments, incorrect coverage, or any other losses incurred that result from inaccurate, incomplete, or untimely User Representations.

Customer Information Collected:

We collect information that you enter on our digital properties or give to us in other ways (e.g., when you contact Virtual Teammate, make a Virtual Teammate account, etc.). If you choose not to provide information, Virtual Teammate may not be able to provide you with requested services or information.

 

The types of information we collect include:

  1. Name

  2. Mailing address

  3. Email address

  4. Phone (or mobile) number 

  5. Driver’s license number

  6. Credit/debit card number 

  7. Your mobile device information (e.g., device model, operating system version, device date and time, unique device identifiers, mobile network information)

  8. How you interact with our Website, mobile applications, advertisements, and emails (e.g., clicks, search terms, pages visited, usage details such as time, length, and frequency of interactions)

  9. Geo-location and in-store location 

  10. media information (e.g., advertising engagement in social, digital, and broadcast media)

  11. IP address

  12. Special status designations (e.g., teacher, college student, military)

  13. Language preferences

  14. Demographics (e.g., age, sex, race, date of birth, education, occupation)

  15. Images (e.g., when you add a profile picture or upload photos/videos)

  16. Any other information you provide while using the Website or services

Use of Customer Information:

Information we collect is used for a variety of purposes, including activities such as: processing transactions, processing applications, and onboarding, helping resolve issues, identifying fraud and improving our services, contacting you regarding updates, newsletters, marketing, and promotional materials, and to analyze and improve our Website and services.

Data Sharing and Disclosure:

We do not sell or rent your personal information. We may share your data with: 

  1. Service Providers: Third parties who assist us in operating the Website and services.

  2. Legal Requirements: If required by law to comply with legal obligations. 

Data Security:

Virtual Teammate will implement and maintain commercially reasonable and industry-standard administrative, physical, organizational, and technical safeguards designed to prevent unauthorized use, access, processing, destruction, loss, alteration, or disclosure of any of your data. Such safeguards will include, at minimum, an industry-standard information security program to safeguard such data as well as procedures to help ensure that only those with a “need to know” have access to such data. Virtual Teammate will take commercially reasonable measures to investigate, contain, and mitigate any incident that has or potentially has compromised the security, confidentiality, or integrity of any of your data. Virtual Teammate will promptly notify you upon becoming aware of an incident that has or potentially has compromised the security, confidentiality or integrity of such data. Virtual Teammate will comply with all notification obligations that may be required by applicable law. Virtual Teammate further reserves the right to protect its network and services from external threats, including by restricting network access from various hosting providers, traffic proxies, and locations where Virtual Teammate does not conduct business.

Customer Access to Data:

You may access, update, or delete your personal information from our database by contacting us at people@virtualteammate.com. 

Taxes and Administrative Fees:

All amounts and fees stated or referred to in this Agreement are exclusive of taxes, duties, levies, tariffs, and other governmental charges (collectively, “Taxes”). You are responsible for payment of all Taxes and any related interest and/or penalties resulting from any payments made hereunder, other than any taxes based on Virtual Teammate’s net income. Certain Virtual Teammate services may be subject to credit card processing fees, foreign exchange fees, or other administrative fees as specified (collectively, “Administrative Fees”), and you are responsible for payment of all applicable Administrative Fees. 

Fee Disputes:

You must notify Virtual Teammate in writing if you dispute any portion of any fees paid or payable by you. You must provide written notice to Virtual Teammate within thirty (30) days of the applicable charge, and Virtual Teammate will work together with you to resolve the applicable dispute promptly. If you do not provide Virtual Teammate with written notice of the fee dispute within this 30-day period, you will not be entitled to dispute any fees paid or payable by you. In the event that you are quoted or charged an incorrect price for any Virtual Teammate service purchased through the Virtual Teammate services or receive an incorrect service, Virtual Teammate will notify you of the error and you will either (a) promptly discontinue use of the incorrect service, or (b) notify Virtual Teammate within ten (10) days of Virtual Teammate’s notice that you will continue use of the Service and will promptly pay any balance due. Your failure to notify Virtual Teammate of your election within such period will be deemed an election to retain service, and you authorize Virtual Teammate to debit the balance owed on the next date any pre-authorized debit occurs.

Disclaimer:

Virtual Teammate cannot and does not represent or warrant that the Website or its server will be error-free, uninterrupted, free from unauthorized access (including third-party hackers or denial of service attacks), or otherwise meet your requirements. 

 

EXCEPT AS EXPRESSLY PROVIDED HEREIN, THE WEBSITE AND ALL INFORMATION, CONTENT, MATERIALS, SERVICES, AND USER CONTENT INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE WEBSITE ARE PROVIDED BY VIRTUAL TEAMMATE ON AN “AS IS”, “AS AVAILABLE” BASIS, WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND. VIRTUAL TEAMMATE MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE WEBSITE, THE ACCURACY OR COMPLETENESS OF THE WEBSITE CONTENTS, OR THAT EMAILS SENT FROM VIRTUAL TEAMMATE ARE FREE OF MALWARE OR OTHER HARMFUL COMPONENTS. YOU EXPRESSLY AGREE THAT YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, VIRTUAL TEAMMATE HEREBY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, TITLE, ACCURACY, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE IN RELATION TO THE VIRTUAL TEAMMATE SERVICES. 

 

WITHOUT LIMITING THE FOREGOING, VIRTUAL TEAMMATE DOES NOT WARRANT THAT THE VIRTUAL TEAMMATE SERVICES WILL BE ERROR-FREE OR THAT THEY WILL MEET ANY SPECIFIED SERVICE LEVEL OR WILL OPERATE WITHOUT INTERRUPTIONS OR DOWNTIME. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM VIRTUAL TEAMMATE OR THROUGH THE VIRTUAL TEAMMATE SERVICES WILL CREATE ANY WARRANTY. VIRTUAL TEAMMATE DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY THIRD-PARTY PRODUCT OR ANY DISTRIBUTION CHANNEL. TO THE EXTENT THIS DISCLAIMER CONFLICTS WITH APPLICABLE LAW, THE SCOPE AND DURATION OF ANY APPLICABLE WARRANTY WILL BE THE MINIMUM PERMITTED UNDER THAT LAW.

Indemnification:

As a condition of the use of the Website, you agree to defend, indemnify, and hold harmless Virtual Teammate and its respective employees, directors, officers, agents, vendors, and suppliers from and against any liabilities, losses, investigations, inquiries, claims, suits, damages, costs and expenses (including, without limitation, reasonable attorneys’ fees and expenses) (each, a “Claim”) arising out of or otherwise relating to Claims alleging facts that if true would constitute a breach by you of these Terms, or any Content submitted by you.

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Limitation of Liability:

YOU ACKNOWLEDGE AND AGREE THAT THE ESSENTIAL PURPOSE OF THIS SECTION IS TO ALLOCATE THE RISKS UNDER THIS AGREEMENT BETWEEN THE PARTIES AND LIMIT POTENTIAL LIABILITY GIVEN THE FEES, WHICH WOULD HAVE BEEN SUBSTANTIALLY HIGHER IF VIRTUAL TEAMMATE WERE TO ASSUME ANY FURTHER LIABILITY OTHER THAN AS SET FORTH HEREIN. VIRTUAL TEAMMATE HAS RELIED ON THESE LIMITATIONS IN DETERMINING WHETHER TO PROVIDE YOU WITH THE RIGHTS TO ACCESS AND USE THE VIRTUAL TEAMMATE SERVICES PROVIDED FOR IN THIS AGREEMENT.

 

EXCEPT WITH RESPECT TO VIRTUAL TEAMMATE'S IP INDEMNIFICATION OBLIGATIONS, UNDER NO CIRCUMSTANCES WILL VIRTUAL TEAMMATE OR ITS AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS, AND/OR LICENSORS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, PUNITIVE, OR OTHER INDIRECT DAMAGES, OR FOR LOST PROFITS OR LOST DATA ARISING OUT OF THE USE OR INABILITY TO USE THE VIRTUAL TEAMMATE SERVICES OR ANY FAILURE OR DELAY IN DELIVERING THE VIRTUAL TEAMMATE SERVICES, EVEN IF VIRTUAL TEAMMATE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. VIRTUAL TEAMMATE AND ITS AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS, AND LICENSORS WILL NOT BE LIABLE TO YOU FOR DIRECT DAMAGES, IN THE AGGREGATE, EXCEEDING THE AMOUNT OF FEES PAID TO VIRTUAL TEAMMATE HEREUNDER IN THE EIGHTEEN (18) MONTHS PRECEDING THE CLAIM THAT GAVE RISE TO THE LIABILITY. THE LIMITATIONS IN THIS SECTION APPLY TO THE FULLEST EXTENT PERMITTED BY LAW, EVEN IF VIRTUAL TEAMMATE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 

 

TO THE EXTENT ANY SUPPLEMENTAL TERMS CONTAIN A LIMITATION OF LIABILITY PROVISION, THE LIMITATION OF LIABILITY SET FORTH IN SUCH SUPPLEMENTAL TERMS ARE EXCLUSIVE TO THE LIABILITY ARISING IN CONNECTION WITH THOSE VIRTUAL TEAMMATE SERVICES COVERED BY THE APPLICABLE SUPPLEMENTAL TERMS AND VIRTUAL TEAMMATE’S AGGREGATE LIABILITY UNDER ALL APPLICABLE SUPPLEMENTAL TERMS AND THE AGREEMENT WILL NOT EXCEED THE AMOUNT SET FORTH IN THIS SECTION. 

 

SOME STATES, PROVINCES, AND OTHER TERRITORIES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. THIS AGREEMENT GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM JURISDICTION TO JURISDICTION. THE EXCLUSIONS AND LIMITATIONS OF LIABILITY UNDER THIS AGREEMENT WILL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW. IF YOU ARE A USER FROM NEW JERSEY, THE FOREGOING SECTIONS TITLED “DISCLAIMER” AND “LIMITATION OF LIABILITY” ARE INTENDED TO BE ONLY AS BROAD AS IS PERMITTED UNDER THE LAWS OF THE STATE OF NEW JERSEY. IF ANY PORTION OF THESE SECTIONS IS HELD TO BE INVALID UNDER THE LAWS OF THE STATE OF NEW JERSEY, THE INVALIDITY OF SUCH PORTION DOES NOT AFFECT THE VALIDITY OF THE REMAINING PORTIONS OF THE APPLICABLE SECTIONS.

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Jurisdictional Issues:

The Website is controlled and operated by Virtual Teammate from the United States and is not intended to subject Virtual Teammate to the laws for the jurisdiction of any state, country, or territory other than that of the United States. Virtual Teammate does not represent or warrant that the Website or any part thereof is appropriate or available for use in any particular jurisdiction other than the United States. In choosing to access the Website, you do so on your own initiative and at your own risk, and you are responsible for complying with all local laws, rules, and regulations. We may limit the Website’s availability in whole or in part to any person, geographic area, or jurisdiction we choose, at any time and in our sole discretion. 

Agreement to Binding Arbitration:

You and Virtual Teammate agree that in the event of any claim, dispute, or controversy (whether in contract, tort, statute, or otherwise) arising out of, relating to, or connected in any way with (1) the Website or (2) the breach, enforcement, interpretation, application, or validity of these Terms, such claim, dispute or controversy will be resolved exclusively by final and binding arbitration, except as otherwise set forth in these Terms (the “Arbitration Agreement”).

Notices:

Virtual Teammate may provide notifications, whether such notifications are required by law or are for marketing or other business-related purposes, to you via email notice, mobile messaging (e.g., SMS or MMS), mail, written or hard copy notice, or through posting of such notice on the Virtual Teammate services, as determined by Virtual Teammate in its sole discretion. Virtual Teammate reserves the right to determine the form and means of providing notifications to you, provided that you may designate and opt out of certain means of notification. Virtual Teammate is not responsible for any automatic filtering you or your network provider may apply to email notifications Virtual Teammate sends to the email address you provide. 

 

Except as explicitly stated otherwise, any notices you send to Virtual Teammate must be sent by mail to 20118 N 67th Ave, Suite 300-523, Glendale 85308, AZ. In the case of notices Virtual Teammate sends to you, you consent to receive notices and other communications by Virtual Teammate posting notices on the Website, sending you an email at the email address listed in your profile in your account, or mailing a notice to you at your billing address listed in your profile in your account. All agreements, notices, disclosures, and other communications that Virtual Teammate provides to you in accordance with the prior sentence satisfy any legal requirement that such communications be in writing. Notice is deemed given (i) 24 hours after the notice is posted on the Website or an electronic message is sent, unless the sending party is notified that the message did not reach the recipient, or (ii) in the case of mailing, three days after the date of mailing. A printed version of these Terms and/or any notice given in electronic form is admissible in judicial or administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

Notice for California Residents:

Under California Civil Code Section 1789.3, California users are entitled to the following consumer rights notice: If you have a question or complaint regarding the Website, please send an email to people@virtualteammate.com. You may also contact us by writing to Virtual Teammate, 20118 North 67th Ave, Suite 300-523, Glendale, AZ 85308, or by calling us at 623-271-2008. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.

Assignment:

You may not assign, transfer, or sublicense any of your rights or obligations under these Terms without our express prior written consent. 

Waiver:

No provision of these terms may be waived except pursuant to a writing executed by the party against whom the waiver is sought. Failure or delay by either party to enforce any provision of this Agreement will not be deemed a waiver of future enforcement of that or any other provision.

Relationship:

Nothing contained herein will in any way constitute any association, partnership, agency, employment or joint venture between the parties hereto, or be construed to evidence the intention of the parties to establish any such relationship. Neither party will have the authority to obligate or bind the other in any manner, and nothing herein contained will give rise or is intended to give rise to any rights of any kind to any third parties.

Unenforceability:

If any provision of these Terms are held invalid, illegal, or unenforceable, the validity, legality, and enforceability of the Agreement or the remainder of such provision will remain in full force and effect to the fullest extent permitted by law. 

Force Majeure:

Neither Party will be deemed in breach hereunder for any cessation, interruption, or delay in the performance of its obligations due to causes beyond its reasonable control, including earthquake, flood, or other natural disaster, act of God, labor controversy, civil disturbance, terrorism, war (whether or not officially declared) or the inability to obtain sufficient supplies, transportation, or other essential commodity or service required in the conduct of its business, or any change in or the adoption of any law, regulation, judgment or decree.

Entire Agreement:

These Terms, including policies and information linked from or incorporated herein or otherwise found on the Website, constitute the entire agreement between you and Virtual Teammate with respect to the Website and supersede all prior or contemporaneous communications, agreements, and proposals with respect to the Website. No oral or written information or advice given by Virtual Teammate, its agents, or employees will create a warranty or in any way increase the scope of the warranties in this Agreement. 

Compliance with Laws; DMCA:

(a) Anti-Corruption Laws. Each party agrees, in its performance of its obligations under this Agreement, to comply, and to cause its affiliates to comply, with all applicable anti-bribery, anti-money laundering, and other anti-corruption laws, which may include, but are not limited to, the US Foreign Corrupt Practices Act (“FCPA”), the Bank Secrecy Act, USA PATRIOT Act, the UK Bribery Act (the “UK Act”), the Mexico General Law on the National Anti-Corruption System (“GLAR”), the Canadian Corruption of Foreign Officials Act (“CFPOA”) (collectively, “Anti-Corruption Laws”). In general, the Anti-Corruption Laws prohibit (i) directly or indirectly making, promising, authorizing, or offering any advantage or anything of value to public officials or private persons or corporations to secure an improper advantage, to improperly obtain or retain business, to direct business to any other person or entity, and/or (ii) the concealment of the origins of illegally obtained money, typically by means of transfers involving foreign banks or legitimate businesses. Each Party will maintain policies and procedures designed to ensure its compliance with applicable Anti-Corruption Laws. Neither Party may knowingly take any action that would cause the other Party to be in violation of Anti-Corruption Laws. Each Party must immediately notify the other Party if such Party has any information or suspicion that there may be a violation of any Anti-Corruption Law in connection with the performance of any activities under this Agreement.

 

(b) Compliance with Laws. You are solely responsible for compliance with any and all applicable laws, rules, and regulations affecting your business and any use you may make of the Virtual Teammate services to assist you in complying with any such laws, rules, or regulations. In addition, you are responsible for ensuring that your Users comply with applicable laws while using the Virtual Teammate services, including the intellectual property and third-party rights of others.

 

(c) Export Control Laws; Sanctions. Your use of the Virtual Teammate services must comply with all export and import laws and regulations of the United States and other applicable jurisdictions (“Export Control Laws”). You represent and warrant that (a) you are not a citizen of, or located within, a country or territory that is subject to comprehensive U.S. trade sanctions or other significant trade restrictions (including, without limitation, Cuba, Iran, Syria and North Korea); (b) you are not identified on any government restricted party lists (including, without limitation, the Specially Designated Nationals and Blocked Persons List, Foreign Sanctions Evaders List, and Sectoral Sanctions Identifications List, administered by the Office of Foreign Assets Control (“OFAC”) of the U.S. Department of the Treasury, the Denied Party List, Entity List and Unverified List, administered by The Bureau of Industry and Security of the U.S Department of Commerce, and the UK Sanctions List); and (c) that no Customer Data is subject to any restriction on disclosure, transfer, download, export or re-export under the Export Control Laws. The Virtual Teammate services may not be available in all jurisdictions, and you are solely responsible for complying with the Export Control Laws and monitoring Export Control Laws for any modifications.

 

(d) Digital Millennium Copyright Act. If you believe that your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated under the Digital Millennium Copyright Act (“DMCA”), you should notify people@virtualteammate.com of your infringement claim, which must include: (a) the subject line of “DMCA Takedown Request”; (b) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest; (c) a description of the copyrighted work or other intellectual property that you claim has been infringed; (d) a description of where the material that you claim is infringing is located on the Virtual Teammate Service, with enough detail that we may find it on the Virtual Teammate Service; (e) your address, telephone number, and email address; (f) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law; and (g) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf. In accordance with the DMCA and other applicable laws, Virtual Teammate has adopted a policy of terminating, in appropriate circumstances and at Virtual Teammate’s sole discretion, Users who are deemed to be repeat infringers. Virtual Teammate may also, at its sole discretion, limit access to the Virtual Teammate Service and/or terminate the memberships of any Users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.

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