Effective Date: August 20, 2020
Welcome! We’re glad you’ve come to learn more about Remotely’s user terms of service.
The access and use of our websites (http://remotely.global) and https://members.remotely.global/ (“Site”), its content, tools, and services (together, the “Platform”) are offered to you subject to the terms of service set forth in this Terms of Service Agreement, together with our Privacy Notice and Code of Conduct (collectively, the “Agreement”).
The Site and the Platform are owned and operated by Remotely LLC (“Remotely”, “we”, “our” and/or “us”). By accessing or using the Site and Platform, you accept this Agreement and any modifications that we may make to this Agreement from time to time. It is your responsibility to frequently review the most recent version of the Agreement. In addition, it is your responsibility to remain informed about any changes to these terms. By continuing to use the Platform following such changes, you agree to the most current version of this Agreement. This version of the Agreement supersedes all earlier versions, and comprises the entire agreement between you and Remotely regarding the Platform.
Violation of any of these agreements will result in the termination of your account.
You agree to use the Platform at your own risk and understand that Remotely cannot and is not responsible for any content posted using the Service, nor for monitoring any information uploaded to the Platform.
If you do not agree to any provision of this Agreement, you should not use the Service.
The Platform is as described throughout the Sites as may be amended from time to time. We process data concerning all users of our Platform and visitors to our Site. Such data is processed in accordance with our Privacy Notice, which is located at http://remotely.global/privacy-policy-2/.
If Remotely offers downloads or use of software on the Site or the Platform, such software (including any files, software, products, API’s and services, including any of the foregoing which are provided by Remotely’s partners) may be subject to a separate agreement which shall prevail over any of the terms herein.
ELIGIBILITY TO USE OUR SERVICES
As a User, you hereby warrant the following: (i) you are over 18 years of age, or if you are a corporation, the corporation is valid and allowed to enter into this Agreement. If you are under 18 years old, do not use the Platform.
A User may not use the Site and the Platform if the User is a person barred from using the Site or the Platform under the laws of the United States or other countries including the country in which you are resident or from which you use the Site and/or the Platform. Subject to applicable law, Remotely may, in its sole discretion, refuse to offer the Site and the Platform to any person or entity at any time. Additionally, Remotely reserves the right to change eligibility criteria at any time.
The services made available on the Site and/or Platform require you to open an account; you must complete the registration process by providing current, complete and accurate information as prompted by the applicable registration form. During the registration process, you will choose a password and a username. You are solely responsible for maintaining the confidentiality of your password and account. Furthermore, no person may use your account other than you and you may not use anyone else’s account at any time. Therefore, the account owner is entirely responsible for all activities that occur under their account.
You agree to notify Remotely immediately of any unauthorized use of your account or any other breach of security. Remotely will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge.
Each User is solely responsible for his/her own communications, the consequences of posting those communications, and reliance on any communications found using the Site and/or Platform. Remotely is not responsible for the consequences of any communications in any of the Remotely communities.
By using the Platform, you agree not to take any of the following actions:
- Using the Platform for any purpose in violation of local, state, national, or international laws.
- Act dishonestly or unprofessionally, including by posting inappropriate, inaccurate, or objectionable content.
- Use an image that is not your likeness or a head-shot photo for your profile.
- Create a false identity.
- Misrepresent your identity, including but not limited to the use of a pseudonym.
- Create an account for anyone other than yourself (a real person).
- Use or attempt to use another’s account.
- Harass, abuse, or harm another person.
- Send spam or publish other unwelcomed communications to others.
- Post anything that contains software viruses, worms, or any other harmful code, or post any unsolicited or unauthorized advertising, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation unauthorized by Remotely.
- Scrape or copy profiles and information of others through any means (including crawlers, browser plugins, and add-ons, and any other technology or manual work).
- Act in an unlawful, libelous, abusive, obscene, discriminatory, or otherwise objectionable manner.
- Disclose information that you do not have the right to disclose (such as confidential information of others.
- Violate intellectual property rights of others, including patents, trademarks, trade secrets, copyrights, or other proprietary rights.
- Violate the intellectual property or other rights of Remotely.
- Manipulate identifiers in order to disguise the origin of any message or post transmitted through the Platform.
- Copy or use the information, content, or data of others available on the Platform (except as expressly authorized).
- Reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for the Platform or any related technology, or any part thereof.
- Share or disclose information of others without their express consent.
- Use manual or automated software, devices, scripts robots, other means or processes to access, “scrape,” “crawl” or “spider” on the Platform or any related data or information.
- Use bots or other automated methods to access the Platform, or
override any security feature of the Platform.
In case of breach of this Agreement Remotely may, at its sole discretion, take any or all of the following action(s):
- Record the dialogue in the Remotely community.
- Investigate an allegation that communications do not conform with this Agreement and determine in its sole discretion to remove or request the removal of such communications.
- Terminate or limit a user’s access to the Platform or to certain Remotely communities upon any breach of this Agreement.
- Monitor, edit, or disclose any communication in any Remotely community.
- Edit or delete any communication(s) posted using the Platform, regardless of whether such communication(s) violate this Agreement.
- Remotely or its licensors have no liability or responsibility to Users or any other person or entity for performance or nonperformance of the activities set forth in Section.
- Record, and if necessary, report the IP address of any person or entity that breaches this agreement.
When you contact us by sending emails to us, you are communicating with us electronically and you agree to receive communications from us electronically. We will communicate with you by email or by posting notices on this Site. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
A valid credit card is required for purchasing a paid subscription or other services and goods on the Site and/or Platform. By providing a credit card number, the User authorizes Remotely to store and continue billing the payment method (e.g. credit card) even after it has expired, to avoid interruptions in the service (e.g. subscriptions) and to facilitate easy payment for new services.
The User must pay Remotely for applicable fees and taxes unless the User cancels the service, in which case the User agrees to still pay these fees through the end of the applicable subscription period.
Payment is billed in advance on an annual or monthly basis, depending on the option chosen by the User. All payments are non-refundable. There will be no refunds or credits for partial months of using the Platform, or refunds for months unused with an open account. However, Users who elect to pay on an annual basis and have requested to terminate the use of the Platform will be able to use unused months within 2 years from such termination.
Prices associated with all services are subject to change upon 30 days notice from Remotely. Such notice may be provided at any time by posting the changes to the Site.
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.
CANCELLATION AND TERMINATION
You are solely responsible for properly canceling your account, by using the settings in your account.
Remotely, in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the Platform for any reason at any time. Such termination will result in the deactivation or deletion of your account or your access to your account, and the forfeiture and relinquishment of all content in your account. Remotely reserves the right to refuse service to anyone for any reason at any time.
Following cancellation or termination of the services, Remotely may store or delete, at Remotely’s discretion, personal information. If you wish for Remotely to delete all your personal information, please contact us at firstname.lastname@example.org and we will delete such personal information within 72 business hours, defined as Monday through Friday.
The Site, the Platform, and the content therein are proprietary to Remotely, excluding content created by Users, and all intellectual property rights related to the Platform and the Site are and shall remain Remotely’s exclusive property. Nothing in the Site or Platform grants any license or right to use any marks displayed therein without the written permission of the owner of the mark. User’s misuse of the marks displayed on the Site, the Platform, or any other content on this Site is strictly prohibited.
LINKS TO OTHER SITES
Save to the extent required by law, Remotely has no special relationship with or fiduciary duty to its Users. It is understood and agreed that Remotely has no control over, and no duty to edit or review for accuracy or appropriateness any content provided by you or content provided by any User.
Remotely does not provide any warranty whatsoever, with respect to any content provided by you or by any User. It is hereby made explicitly clear that Remotely shall not be held responsible for any acts and/or omissions on the part of any User.
REMOTELY, ITS SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AND SUPPLIERS PROVIDE ITS SITE AND PLATFORM “AS IS” AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. REMOTELY, ITS SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AND SUPPLIERS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. REMOTELY EXPRESSLY DISCLAIMS ANY WARRANTIES WITH RESPECT TO THE ACCURACY OF THE DATA RESULTING FROM THE PLATFORM AND/OR ANY ACTIONS YOU MAY PURSUE OR REFRAIN FROM TAKING PURSUANT TO SUCH OUTPUT. WITHOUT LIMITING THE FOREGOING, REMOTELY MAKES NO WARRANTY THAT THIS SITE OR THE PLATFORM WILL MEET YOUR REQUIREMENTS OR WILL BE UNINTERRUPTED, CONTINUOUS, TIMELY, SECURE, OR ERROR OR VIRUS-FREE.
LIMITATION OF LIABILITY
IN NO EVENT SHALL REMOTELY, OUR SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, OR SUPPLIERS BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH OUR SITE, OUR PLATFORM OR THIS AGREEMENT, HOWEVER ARISING, INCLUDING NEGLIGENCE.
Neither Remotely nor its affiliated or related entities or its content providers are responsible or liable to any person or entity whatsoever for any direct or indirect loss, damage (whether actual, consequential, punitive, special or otherwise), injury, claim, liability or other cause of any kind or character whatsoever based upon or resulting from any information provided on the Platform or from the use of, or the inability to use any content or thereon. You specifically agree that Remotely is not liable for any defamatory, offensive, or illegal conduct of any user. If you are dissatisfied with the Site or the Platform or any materials thereon, or with these terms and conditions, your sole and exclusive remedy is to cease using the Site and Platform.
WITHOUT DEROGATING FROM ANY OF THE FOREGOING, OUR TOTAL AGGREGATE LIABILITY UNDER THIS AGREEMENT, IF ANY, IN CONNECTION WITH THE SITE, THE PLATFORM OR THE AGREEMENT WILL BE LIMITED TO THE AMOUNT OF FEES ACTUALLY PAID BY YOU TO US DURING THE THREE (3) MONTHS PRECEDING THE SERVICES GIVING RISE TO SUCH LIABILITY, IF ANY, AND IF NO SUCH SERVICES ARE APPLICABLE, THEN OUR TOTAL AGGREGATE LIABILITY SHALL NOT EXCEED $1,000 USD. THE FOREGOING LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND ARE FUNDAMENTAL ELEMENTS OF THE BARGAIN BETWEEN US AND YOU.
GOVERNING LAW, DISPUTE RESOLUTION
The laws of the State of California, USA, will govern this Agreement, without regard to its conflict of law principles. Any and all legal claims, suits, or actions that arise in connection with this Agreement and/or the Site or Platform, claimed against us shall be brought exclusively in the courts located in San Francisco, California, USA. You agree that this Site shall be deemed a passive website that does not give rise to personal jurisdiction over Remotely, either specific or general, in jurisdictions other than California.
LIMITATION OF CLAIMS
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Services or the Agreement must be filed within one year after such claim or cause of action arose or be forever barred.
WAIVER AND SEVERABILITY
The failure of Remotely to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. If any of the provisions of this Agreement are held invalid, unenforceable, or void by a court or other tribunal of competent jurisdiction, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Agreement remain in full force and effect.
QUESTIONS AND CONTACT
Any questions or requests with respect to this Agreement should be addressed to email@example.com.