Personal Service is now TeamData
Last Revised: February 7, 2014 (view archived versions)
PLEASE NOTE THIS AGREEMENT CONTAINS A MANDATORY ARBITRATION OF DISPUTES PROVISION THAT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS (SEE SECTION 12).
Translation: This contract governs your use of Personal and may affect your legal rights.
By registering for the Personal Service, you represent that you are at least 13 years old. We are committed to protecting the privacy of young children, and therefore we do not knowingly collect or maintain personally identifiable information from persons under 13, and no part of the Personal Service is directed to persons under 13. If you are under 13, then you may not register for the Personal Service. If we discover that a person under 13 has registered, we will delete the person’s account in accordance with the law.
Personal works with schools, school districts and other educational organizations (“Education Partners”) to sponsor use of the Personal Service for families, students or members, including those who may be minors. To the extent that the Family Educational Rights and Privacy Act (“FERPA”) applies to any information provided to an individual’s account in the Personal Service, our Education Partners are responsible for and represent and warrant that their offers of the Personal Service comply with FERPA’s requirements, and that minors between the ages of 13 and 18 are provided with use of the Personal Service with the guidance, supervision and, where required, written consent of their parents or guardians in compliance with FERPA. Requests for access or alteration of student data will be referred to the appropriate Education Partner’s representative to be handled in accordance with the school’s policy.
Translation: No one under 13 allowed. Our Education Partners that offer Personal are responsible for complying with FERPA.
You own and control the data, notes and files you store and manage in the Personal Service (“Data”). The Owner Data Agreement is the contract that makes you the legal owner of that Data, which belongs to you and not Personal.
Translation: You own your Data at Personal.
We expect you to use the Personal Service only for lawful purposes, and you agree to comply with all applicable laws, rules and regulations in using the Personal Service. We also expect you to respect the privacy and Data of others who use Personal, per the Owner Data Agreement. For more, see our Acceptable Use Policy, which is incorporated into these Terms.
Translation: Don’t break the law. Respect the Data and privacy of others. And, yes, don’t be a jerk.
Because you (and not Personal) set permissions for sharing or disclosing your Data to another person or organization, you agree that you are solely responsible for your actions in using the Personal Service and any activity in your account. Only share Data with trusted people or organizations. You are also responsible for protecting your account password, which we do not store and only you know. If you forget and need to reset it, you will lose all your sensitive Data, including files. You agree to notify Personal immediately of any suspected or unauthorized use of your password or account or any other security breach at support AT teamdata.com.
Translation: You’re responsible for how you share and protect your account, so be smart. Let us know ASAP if you think there’s a problem at support AT temadata.com. We’ll do our best to help you.
If you pay for the Personal Service, you may be subject to our Pricing Terms and Conditions, which are incorporated into these Terms.
Translation: We own the Personal Service and all of our stuff. Your Data is your stuff, and so we need your permission to use your Data solely to do the things you choose to do with it.
You may choose or we may invite you to submit comments or ideas about Personal, including without limitation about how to improve the Personal Service or our products (“Idea(s)”). By submitting any Idea, you agree that your disclosure is gratuitous, unsolicited and without restriction and will not place us under any fiduciary or other obligation, and that we are free to use the Idea without any compensation to you, and/or to disclose the Idea on a non-confidential, non-proprietary basis or otherwise to anyone. You further acknowledge that, by accepting your submission, we do not waive any rights to use similar or related ideas previously known to us, or developed by us, or obtained from sources other than you.
Translation: We love your feedback. But don’t send anything that’s proprietary or confidential because we might use it.
We take the intellectual property rights of others seriously and ask you to do the same. You agree that you own or have the necessary rights in and to any and all content you upload to the Personal Service. Not having them violates the Terms. If you believe that anything in the Personal Service infringes a copyright, please see our Copyright Policy, which is incorporated into these Terms.
Translation: Let us know about any suspected copyright infringement right away.
You may be able to link to third-party websites from the Personal Service. Or, you may choose to share your Data via Personal with third-party organizations, such as partners or online services with no relationship to Personal (collectively, “Linked Sites”) through, for example, automatic form-filling or granting access to your Data. Personal does not control Linked Sites in any way, and Personal is not responsible for the content, availability, advertising, products, information or additional links, use of user information, security or privacy policies and practices, or materials of any such Linked Sites. Such links do not imply Personal’s endorsement of or association with the Linked Sites. In some cases, you may have an independent relationship with a Linked Site by virtue of being an existing customer or member of the third-party organization.
In no event shall Personal be liable, directly or indirectly, to anyone for any loss or damage arising from or occasioned by the creation or use of Linked Sites, the information or material accessed/imported through Linked Sites, or information shared from your account with Linked Sites through the Personal Service.
Personal reserves the right, at its discretion at any time, to deny any request, or rescind any permission granted, to link to the Personal Service, and to require termination of any such link.
Translation: Personal can’t control or be responsible for what Linked Sites do with your Data after you choose to share it with them, such as through form-filling. While we expect partner conduct to be consistent with our principles, Data you share will be subject to their privacy and security rules.
We use industry standard (or better) administrative, physical and technical safeguards to protect the confidentiality, integrity, and security of your account information and Data. Nonetheless, no security measures are 100% effective, and we cannot guarantee absolute security. THE PERSONAL SERVICE, INCLUDING, WITHOUT LIMITATION, ALL CONTENT, FUNCTION, MATERIALS AND SERVICES, IS PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY FOR INFORMATION, DATA, DATA PROCESSING SERVICES OR UNINTERRUPTED ACCESS, ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, COMPLETENESS, USEFULNESS, OR CONTENT OF INFORMATION, AND ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
PERSONAL DOES NOT WARRANT THAT THE PERSONAL SERVICE OR THE FUNCTION, CONTENT OR SERVICES MADE AVAILABLE THEREBY WILL BE TIMELY, SECURE, FREE FROM HACKING OR OTHER SECURITY INTRUSION, UNINTERRUPTED OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED. PERSONAL MAKES NO WARRANTY THAT THE PERSONAL SERVICE WILL MEET YOUR EXPECTATIONS OR REQUIREMENTS. NO ADVICE, RESULTS OR INFORMATION, OR MATERIALS WHETHER ORAL OR WRITTEN, OBTAINED BY YOU THROUGH THE PERSONAL SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. IF YOU ARE DISSATISFIED WITH THE PERSONAL SERVICE, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE PERSONAL SERVICE.
Translation: Although we believe we have some of the best security safeguards for a consumer product and are constantly improving, we can’t promise 100% security. The Personal Service is available “as is”.
TO THE GREATEST EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT SHALL PERSONAL, ITS AFFILIATES OR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, LICENSORS, CONTENT OR SERVICE PROVIDERS, OR SUCCESSORS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING FROM OR DIRECTLY OR INDIRECTLY RELATED TO (i) THE USE OF, OR THE INABILITY TO USE, THE PERSONAL SERVICE, MATERIALS AND FUNCTIONS RELATED THERETO, (ii) UNAUTHORIZED ACCESS TO OR LOSS, CORRUPTION, OR ALTERATION OF DATA, TRANSMISSIONS, OR CONTENT, (iii) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON OR USING THE PERSONAL SERVICE, (iv) PERSONAL’S ACTIONS OR OMISSIONS IN RELIANCE UPON YOUR ACCOUNT OR CREDIT CARD INFORMATION AND ANY CHANGES THERETO OR NOTICES RECEIVED THEREFROM, (v) YOUR FAILURE TO PROTECT THE CONFIDENTIALITY OF YOUR DATA OR ANY PASSWORDS OR ACCESS RIGHTS TO YOUR ACCOUNT INFORMATION, (vi) THE ACTS OR OMISSIONS OF ANY THIRD PARTY USING OR INTEGRATING WITH THE SERVICE, OR (vii) ANY OTHER MATTER RELATING TO THE PERSONAL SERVICE, INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUE, ANTICIPATED PROFITS, GOODWILL, LOST BUSINESS, USE, DATA, SALES, COST OF SUBSTITUTE SERVICES, OR OTHER INTANGIBLE LOSSES, EVEN IF PERSONAL OR ITS REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN ADDITION TO AND WITHOUT LIMITING THE FOREGOING, TO THE EXTENT PERMITTED BY LAW, YOU AGREE THAT THE TOTAL LIABILITY OF PERSONAL TO YOU FOR ANY AND ALL CLAIMS ARISING FROM YOUR USE OF THE PERSONAL SERVICE OR OTHERWISE ARISING UNDER THESE TERMS SHALL NOT EXCEED THE TOTAL AMOUNT PAID BY YOU FOR THE PERSONAL SERVICE IN THE PRECEDING YEAR. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN PERSONAL AND YOU. THEY SHALL APPLY REGARDLESS OF WHETHER A CAUSE OF ACTION MAY BE IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE), STATUTE, OR ANY OTHER LEGAL THEORY, EITHER ARISING FROM THE TERMS, OR YOUR USE OF OR INABILITY TO USE THE PERSONAL SERVICE. Some jurisdictions do not allow the limitation or exclusion of certain liabilities, so some of the above limitations may not apply to you.
Translation: This limits our legal liability to you. Please understand that we couldn’t run our business without it.
Informal Dispute Resolution. If you have a problem or concern with the Personal Service, our goal is to learn about and address your concern. You agree that you will notify Personal about any dispute regarding these Terms or your use of the Personal Service by sending an email with the subject line “Notice of Dispute” to legal AT teamdata.com. Your Notice of Dispute must include your name, pertinent account information (such as the email address linked to your account) to identify yourself as a user, a brief description of your dispute, and contact information. You and we will attempt to resolve it through informal negotiation within 60 days from the receipt of your Notice of Dispute. If the dispute cannot be resolved within 60 days, either you or we may initiate formal proceedings according to these Terms, and you may proceed to binding arbitration or small claims court as described below.
Translation: It’s our aim to ensure you have a great experience using Personal. You agree to give us the opportunity to informally address any dispute before taking other legal action.
Binding Arbitration. If you decide that we haven’t satisfied your concern and that you must pursue alternative means to address it, you agree that any disputes and/or claims arising from these Terms and/or the use of the Personal Service shall be resolved exclusively through binding arbitration, rather than a court (the “Arbitration Agreement”). In return, Personal agrees to arbitrate any claims or disputes that it may have against you arising from these Terms and/or your use of the Personal Service using this same procedure. Any arbitration shall be subject to the Federal Arbitration Act, governed by the rules of the American Arbitration Association, and conducted before a single neutral arbitrator in Washington, D.C., unless you and Personal agree otherwise. The arbitration will be conducted in English. The arbitrator shall not be bound by rulings in prior arbitrations involving different Personal users. Each party shall bear its own costs, including any attorneys’ fees, associated with such arbitration. Any award rendered in arbitration shall be final and binding, and may be enforced in any court having competent jurisdiction. In addition and without limiting the foregoing, you agree that Personal shall have the right to apply for injunctive remedies (or an equivalent type of urgent legal relief) outside of arbitration in any jurisdiction. Notwithstanding this provision, you may bring your claim in a small claims court of competent jurisdiction after attempting to resolve your dispute informally.
CLASS ACTION WAIVER. YOU AGREE TO WAIVE YOUR RIGHT TO INITIATE OR PARTICIPATE IN A CLASS ACTION, REPRESENTATIVE ACTION, OR PRIVATE ATTORNEY GENERAL ACTION IN STATE OR FEDERAL COURT AND MAY ONLY USE INFORMAL DISPUTE RESOLUTION, BINDING ARBITRATION OR SMALL CLAIMS COURT TO RESOLVE YOUR DISPUTE ON AN INDIVIDUAL BASIS. In return, Personal waives its right to join or consolidate claims in arbitration by or against other users. If this class action waiver is found unenforceable, you and we agree that any class action, representative action, or private attorney general action will be prosecuted in a court of competent jurisdiction, rather than through mandatory arbitration, and the remainder of these Terms and this Section 12 will continue to apply.
Regardless of any statute or law to the contrary, you agree that any claim or cause of action you may have with respect to the Personal Service must be filed within one year after the claim or cause of action arose or be forever barred.
Translation: We want you to be happy with us. If you have a problem and we can’t work it out, then you agree we’ll arbitrate on an individual, binding basis.
You and we acknowledge that these Terms evidence a transaction involving interstate commerce. You agree that these Terms will be governed by and construed in accordance with the laws of the United States (including the Federal Arbitration Act) and the State of Delaware, excluding its conflicts-of-law rules, regardless of your country of origin or where you access the Personal Service, and they will specifically not be governed by the United Nations Convention on the Law Applicable to Contracts for the International Sale of Goods, if otherwise applicable. Your use of the Personal Service may be subject to other local, state, national, and international laws.
Translation: U.S. and Delaware law rule these Terms.
We may modify, amend or change the terms, conditions or provisions of these Terms prospectively from time to time without prior notice to you, so please check them periodically. If a change, in our sole discretion, to these Terms is material, we will notify you (for example, by email to the email address in your account). It’s your responsibility to keep your email address current. Other changes may be noted here, "Privacy & Terms", or on our blog. We will post the new terms and indicate the revision date. By using the Personal Service 30 days after any changes to these Terms, you agree to be bound by those changes and the new terms. If you disagree with the new terms, please stop using the Personal Service. Before doing so, you may wish to export and delete your Data from the Personal Service.
Translation: The Terms may change, but you’ll have 30 days to consider them before deciding to accept them or terminate your account.
We reserve the right to modify, refine, add or remove features, impose limits on the service or size of storage available to you, or suspend the Personal Service, with or without prior notice to you and without liability to anyone, including you or any third party. In the unlikely event of discontinuance, we will notify you to allow you to export your Data.
Translation: There will be changes, and we hope they’re always improvements. Shutting down isn’t on our roadmap, but, just in case, we want you to be able to get your Data.
We may impose or you may experience limits on your use of the Personal Service. For example, if you use the free version of the Personal Service, you won’t have all the benefits of the paid version. Partners or Linked Sites may decide not to offer or cease offering certain Personal Service features. Or, a partner may terminate its relationship with Personal or cease providing you with access to the Personal Service, in which case it’s possible your account may convert to a free version of the Personal Service unless you choose to subscribe to the paid version. If you disagree with any changes or actions, you agree that your only recourse will be to stop using the Personal Service. You may export and delete your Data before doing so. Continuing to access the Personal Service after any modifications will indicate that you agree with the changes and are satisfied with the Personal Service as modified.
Translation: Depending on how you access Personal, there may be feature limitations. You can visit personal.com or our mobile apps to access any additional features.
Assignment. You may not assign any of your rights or obligations under these Terms without Personal’s express written consent. These Terms inure to the benefit of Personal’s successors, assigns and licensees.
Cancellation and Termination. You can cancel your account and export and delete your Data at any time. Personal may also suspend or terminate your account if you violate these Terms or the Owner Data Agreement. In such situations, we may attempt to notify you so that you can export your data, but we may immediately suspend or terminate your account in certain circumstances, such as causing harm to another Owner, disrupting others’ use of the Personal Service, or causing Personal potential legal liability.
Entire Agreement. These Terms and the other Personal agreements and policies expressly incorporated by reference, as each may be amended or modified by Personal in accordance with its terms from time to time, together constitute the entire agreement between you and Personal and govern your use of the Personal Service, superseding and replacing any prior agreements and terms and conditions applicable to the Personal Service. You may also be subject to additional terms and conditions that are applicable to certain parts of, or services offered on or through, the Personal Service. If any incorporated agreements or policies conflict with these Terms, these Terms shall control.
Summary, Section Headings and Translations. The Summary, section headings and “translations” are for convenience only and have no legal or contractual effect. If the terms and conditions of these Terms and the Summary, section headings or translations conflict, the terms and conditions shall prevail.
Translation: We did all this work to try and make it simple, but the summary, section headings and the translations aren’t really part of the contract. You have to read the full Terms.
Survival. All provisions of these Terms that, by their nature, should survive any termination or expiration of these Terms shall do so, including, without limitation, Sections 2-16. Any termination or expiration of these Terms shall not relieve you of any obligations that may have arisen or accrued prior to such termination or expiration or limit any liability you otherwise may have to Personal, including, without limitation, any indemnification obligations contained herein.
Translation: Even after this contract ends, certain sections still apply.
Territorial Restrictions. We control and operate the Personal Service from our offices and servers in the United States of America. The Personal Service is subject to and governed by the laws of the United States, and we do not represent that Personal is lawful, appropriate or available for use in other locations. By providing any personal information to Personal or otherwise using the Personal Service, all visitors and registered users, including without limitation individuals in the European Union, acknowledge and hereby unambiguously consent to the collection and processing of such information in and transfer of it to the United States. If you do not agree, you may not use the Personal Service.
Waiver and Severability. The failure of Personal to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is found by an arbitrator or court of competent jurisdiction to be invalid, the parties nevertheless agree that the arbitrator or court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms remain in full force and effect.
Translation: If a contract provision is found to be invalid, the rest still stands.
CONTACT: If you have any questions about these Terms, please contact us at support [at] teamdata [dot] com.
© Copyright 2014 by Personal, Inc. All rights reserved.