TEAM 20™ OWNER AGREEMENT AND LICENSE TERMS
TEAM 20 provides small and medium sized businesses and organizations a variety of tools and resources to distribute & manage online email campaigns. This service may not be used for the sending of unsolicited email (sometimes called "spam").
The following are the terms and conditions for use of the Services. By logging in to TEAM 20, you accept these terms and conditions.

1. Acknowledgements. Subject in each case to the terms listed in the remainder of this Agreement, you hereby acknowledge and agree that:

• TEAM 20 may not be used for the sending of unsolicited email (sometimes called "spam").
• TEAM 20 may only be used for lawful purposes.
• Your use of the Service is subject to the Anti-Spam Policies.
• The Services will be subject to subscription fees ("Paid Services").
• TEAM 20 will not use your customer list/subscriber list or any other customer information for any other purposes than those intended with the Service.
• You agree you will not access or otherwise use third party mailing lists in connection with preparing or distributing unsolicited email.
• You agree to import, access or otherwise use only permission-based lists (note: purchased lists may not be used) in connection with your use of the Services.
• Every email message sent in connection with the Services will contain the "unsubscribe" link that allows subscribers to remove themselves from your mailing list.  
• You will adopt and maintain the email privacy policy, which may be modified by TEAM 20 from time to time.

2. Services and Support
2.1 The Services are available only to persons who can form legally binding contracts under applicable law. Without limiting the foregoing, the Services are not available to individuals under the age of 18. If you do not qualify, you are not permitted to use the Services.
2.2 You must complete the registration form on the Sign Up page in order to use the Services. You will provide true, accurate, current, and complete information about yourself as requested in the registration form.
3. Fees and Payment
3.1 You will be subject to subscription fees. You will be required to submit payment for Services (unless you have already provided payment or means of payment, such as credit card information) and may purchase, in advance, a monthly subscription for Paid Services. Access to the Services will be disabled until payment is received.
3.2 Fees will be billed monthly or your pre-paid account will be debited monthly for Services.
3.3 Payment for Services will be made by a valid credit card accepted by TEAM 20. You will be charged by our holding company, Leverage Enterprises, Inc., using 2checkout.com as our secure payment processor. Fees are payable in US dollars. If the monthly payment option is selected or if you have previously provided your credit card for payment, you hereby authorize TEAM 20 to charge your credit card for such amounts on a regular monthly basis beginning at sign-up. If TEAM 20 is for any reason unable to effect automatic payment via your credit card, TEAM 20 will attempt to notify you via email and your TEAM 20 account will be disabled until payment is received. Amounts paid for the Services are not refundable.
3.4 You acknowledge and agree that you are responsible for paying Fees for all services performed through TEAM 20, regardless of whether delivery of such messages to their intended recipients is prevented or blocked by any third party or results are less than anticipated.   
4. Email Practices
4.1 You cannot mail to distribution lists, newsgroups, or spam email addresses. You cannot copy a TEAM 20 template or any other features or functionality from the Services and use them for any purpose other than sending emails from the Service.
4.2 Emails that you send through the Service may generate abuse complaints from recipients. As a matter of privacy, TEAM 20 cannot share with you the email addresses of those who complain about your email campaign. You are responsible for ensuring that your email campaigns do not generate a number of abuse complaints in excess of industry norms. TEAM 20, in its sole discretion, shall determine whether your level of abuse complaints is within industry norms, and its determination shall be final, binding and conclusive for all purposes under this Agreement.
4.3 You are responsible for complying at all times with TEAM 20 Policy.
4.4 TEAM 20, at its own discretion, may immediately disable your access without refund to the Services if TEAM 20 believes in its sole discretion that you have violated any of the email and permission practices listed above.
5. Restrictions and Responsibilities
5.1 TEAM 20 will not use your customer list or any other customer information for any other purposes than those intended with the service. Your customer information will not be shared with any other parties unless required by law.
5.2 This is an Agreement for Services, and you are not granted a license to any software by this Agreement. You will not, directly or indirectly: reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code, object code, or underlying structure, ideas, or algorithms of, or found at or through the Services or any software, documentation, or data related to the Services ("Software"); remove any proprietary notices or labels from the Services or any Software, modify, translate, or create derivative works based on the Services or any Software; or copy, distribute, pledge, assign, or otherwise transfer or encumber rights to the Services or any Software.
Unless you are an authorized TEAM 20 Reseller, you may not display, copy, reproduce, or distribute our patented process, any component thereof, any documentation provided in connection with the Services or the Process, or any content, including but not limited to newsletters, distributed to you by TEAM 20 in connection with the Services. Violation of these restrictions may result in the termination of this Agreement & Legal Action.
5.3 The Services shall be used for your internal business (which includes civic or charitable) purposes only, and you shall not use the Services or any Software for timesharing or service-bureau purposes or otherwise for the benefit of a third party. If you are using the Services in any country in the European Community, the prohibition against modifying, translating, reverse engineering, decompiling, disassembling or creating derivative works based on the Services or the Software does not affect your rights under any legislation implementing the E.C. Council Directive on the Legal Protection of Computer Programs.
5.4 You acknowledge and agree that the Services and the TEAM 20 company names and logos and all related product and service names, design marks and slogans, are the property of TEAM 20 or its affiliates or suppliers (collectively, the "Marks"). You are not authorized to use any of the Marks in any advertising, publicity or any other commercial manner without the prior written consent of TEAM 20. Your use of the Services confers no title or ownership in the Services, the Software or the Marks and is not a sale of any rights in the Services, the Software or the Marks.
5.5 You represent, covenant, and warrant that you will use the Services only in compliance with the Agreement, the federal CAN-SPAM Act of 2003 and all other applicable laws (including but not limited to policies and laws related to spamming, privacy, obscenity, or defamation and child protective email address registry laws). You agree you will not access or otherwise use third-party mailing lists in connection with preparing or distributing unsolicited email to any third party. You hereby agree to indemnify and hold harmless TEAM 20 and its business partners, third-party suppliers and providers, licensors, officers, directors, employees, distributors and agents against any damages, losses, liabilities, settlements, and expenses (including without limitation costs and reasonable attorneys' fees) in connection with any claim or action that arises from an alleged violation of the foregoing or otherwise arising from or relating to your use of the Services. In addition, you acknowledge and agree that TEAM 20 has the right to seek damages when you use the Services for unlawful purposes, in an unlawful manner, and/or in a manner inconsistent with the terms of this Agreement, and that such damages may include, without limitation, direct, indirect, special, incidental, cover, reliance and/or consequential damages. Although TEAM 20 has no obligation to monitor the content provided by you or your use of the Services, TEAM 20 may do so and may remove any such content or prohibit any use of the Services it believes may be (or is alleged to be) in violation of the foregoing.
5.6 The Services may only be used for lawful purposes. Transmission or solicitation of any material that violates United States federal, state or other laws that may apply in this jurisdiction or your local area is prohibited.
5.7 In using the varied features of the Services, you may provide information (such as name, contact information, or other registration information) to TEAM 20. TEAM 20 may use this information and any technical information about your use of the Services to tailor its presentations to you, facilitate your movement through the Service, or communicate separately with you. If you licensed the Services as a result of solicitation by a Marketing Partner of TEAM 20, TEAM 20 may share your information with the Marketing Partner and the Marketing Partner may share information with TEAM 20. TEAM 20 will not provide information to companies you have not authorized for that purpose unless required by law or if you are terminated from TEAM 20 due to unsolicited commercial email being sent from your TEAM 20 account.
5.9 If you receive special discounts through a Marketing Partner, those discounts may not be available if you cease to continue to be a customer of the Marketing Partner, in which case TEAM 20's standard rates will apply. The Marketing Partner may notify TEAM 20 of any change in your status.
6. Termination
6.1 You may terminate this Agreement at any time by calling TEAM 20 Customer Support. There are no refunds for any fees paid.
6.2 TEAM 20 may terminate this Agreement or the Services, disable your account or put your account on inactive status, in each case at any time with or without cause, and with or without notice. TEAM 20 shall have no liability to you or any third party because of such termination or action.
6.3 TEAM 20 will delete any of your archived data within 30 days after the date of termination. All sections of this Agreement that by their nature should survive termination will survive termination, including, without limitation, ownership, warranty disclaimers and limitations of liability.
6.4 If your account is classified (at TEAM 20's sole discretion) as inactive for over 120 days, TEAM 20 has the right to permanently remove your subscriber data. TEAM 20 will attempt to contact you via email prior to taking any permanent removal actions.
7. Warranty Disclaimer; Remedies
USE OF THE SERVICES AND ANY RELIANCE BY YOU UPON THE SERVICES, INCLUDING ANY ACTION TAKEN BY YOU BECAUSE OF SUCH USE OR RELIANCE, IS AT YOUR SOLE RISK. TEAM 20 DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE; NOR DOES IT MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICES. THE SERVICES ARE PROVIDED "AS IS" AND TEAM 20 DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT.
Your sole and exclusive remedy for any failure or nonperformance of the Services shall be for TEAM 20 to use commercially reasonable efforts to adjust or repair the Services.
8. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, TORT, CONTRACT, OR OTHERWISE, SHALL TEAM 20 OR ANY OF ITS UNDERLYING SERVICE PROVIDERS, BUSINESS PARTNERS, INFORMATION PROVIDERS, ACCOUNT PROVIDERS, LICENSORS, OFFICERS, DIRECTORS, EMPLOYEES, DISTRIBUTORS OR AGENTS (COLLECTIVELY REFERRED TO FOR PURPOSES OF THIS SECTION AS "TEAM 20") BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY MONEY DAMAGES, WHETHER DIRECT, INDIRECT, SPECIAL, INCIDENTAL, COVER, RELIANCE OR CONSEQUENTIAL DAMAGES, EVEN IF TEAM 20 SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY OTHER PARTY. IN THE EVENT THAT NOTWITHSTANDING THE FOREGOING, TEAM 20 IS FOUND LIABLE TO YOU FOR DAMAGES FROM ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE), THE LIABILITY OF TEAM 20 TO YOU WILL BE LIMITED TO THE AMOUNT YOU PAID FOR THE SERVICES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION AND EXCLUSION MAY NOT APPLY TO YOU.
9. Export of Services or Technical Data
You may not remove or export from the United States or allow the export or re-export of the Services, or any direct product thereof, including technical data, in violation of any restrictions, laws, or regulations of the United States or any other applicable country.
10. Miscellaneous
10.1 If any provision of the Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable.
10.2 TEAM 20 and you agree that the Agreement is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications, and other understandings relating to the subject matter of the Agreement, and that all waivers and modifications must be in a writing signed by both parties, except as otherwise provided herein. No delay or omission by either party in exercising any right or remedy under this Agreement or existing at law or equity shall be considered a waiver of such right or remedy.
10.3 No agency, partnership, joint venture, or employment is created as a result of the Agreement, and you do not have any authority of any kind to bind TEAM 20 in any respect whatsoever.
10.4 In any action or proceeding to enforce rights under the Agreement, the prevailing party will be entitled to recover its costs and attorneys' fees.
10.5 The Agreement shall be governed by the laws of Indiana, USA without regard to its choice or law or conflict of laws provisions. All legal actions in connection with the Agreement shall be brought in the state or federal courts located in Crown Point, Indiana.
10.6 TEAM 20 is an affiliate of Leverage Enterprises, Inc., an Indiana corporation.