Terms of Use

Last updated: September 12, 2022

Introduction

These Terms of Use, together with any documents or website links they expressly incorporate by reference (collectively, these "Terms"), govern your access to or use of the website at https://www.remotelyos.com (the “Site”), and any media, features, content, software products, and services facilitated through the Site and its associated service platforms, including any improvements, developments, or modifications thereto (collectively, the "Services”). The Services are made available by Remotely Works, Inc., a Delaware corporation (“Remotely”, "we", or “us”). PLEASE READ THESE TERMS CAREFULLY, AS THEY CONSTITUTE A LEGAL AGREEMENT BETWEEN YOU AND REMOTELY.

By accessing or using the Services, you represent and warrant, on behalf of yourself and any person for whom the Services are accessed, that (i) you have read and understood these Terms and (ii) confirm your agreement to be bound by these Terms. If you do not agree to these Terms, you may not access or use the Services. Remotely may immediately withdraw, discontinue, amend, or terminate your use of any Services or any portion thereof, at any time for any reason, at its sole discretion without notice.

PLEASE REVIEW THE ARBITRATION AGREEMENT SET FORTH BELOW CAREFULLY, AS IT WILL REQUIRE YOU TO RESOLVE DISPUTES WITH Remotely ON AN INDIVIDUAL BASIS THROUGH FINAL AND BINDING ARBITRATION. BY AGREEING TO THESE TERMS, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND ALL OF THE TERMS OF THE ARBITRATION AGREEMENT AND HAVE TAKEN TIME TO CONSIDER THE CONSEQUENCES OF THIS IMPORTANT DECISION.

Supplemental terms and conditions or documents that may be posted on the Services from time to time are hereby expressly incorporated herein by reference. Remotely may revise, modify, amend, and update these Terms from time to time in its sole discretion. All changes are effective upon posting and apply to all access to and use of the Services thereafter. Your continued access to or use of the Services after posting of revised terms confirms your consent to be bound by the Terms, as amended.

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The Services

The Services enable users to browse content, connect businesses (“Startups”) with software engineering talent (“Developers”), learn about Remotely, and sign up for further communications from Remotely. 

Please understand that we can not guarantee that a Startup or Developer will find a suitable match through our Services. By using the Services, you acknowledge that if you are a Developer connected with a Startup for a work opportunity, you may not be hired directly by the applicable Startup and instead may enter into an indirect relationship with the applicable Startup through Remotely (pursuant to separate written agreements). 

Unless otherwise agreed by Remotely in a separate written agreement with you, the Services are made available solely for your personal, noncommercial use. 

License to Access and Use of the Services

Subject to your compliance with these Terms, Remotely grants you a limited, non-exclusive, personal, non-commercial, non-sublicensable, revocable, non-transferable license to access and use the Site and the Services for their intended purposes. Any rights not expressly granted herein are reserved by Remotely, its affiliates, and its licensors.

You are solely responsible for obtaining Internet or data network access necessary to use the Services and any updates thereto. We do not guarantee that the Services, or any portion thereof, will function on any particular hardware or device or that use of the Services will be uninterrupted or free from delays or malfunctions.

Creating an Account

To engage in the Services you may be required to maintain an active account ("Account"). In order to create an Account and use the Services: (i) you must be at least 18 years of age, (ii) you must have the requisite power and authority to enter into these Terms, (iii) you must not be prohibited from using any aspect of our Services under applicable laws, (iv) your Account must not have been previously disabled for violation of law or any of our policies, and (v) for Developers, you must have at minimum five (5) years of professional work experience in the field of software engineering, although Remotely may make exceptions to this requirement in its sole discretion.

To use the Services requires you to submit certain personal information, such as your name, email, and location. For Developers, you additionally may be asked to provide resume information like your skills and language fluency. For Startups, you additionally may be asked to provide background information about your company such as company size, prior fundraising, headquarters location, and website URL. You agree to maintain accurate, complete, and up-to-date information in your Account at all times. Your failure to maintain accurate, complete, and up-to-date Account information, may result in your inability to access or use the Services. You are responsible for all activity that occurs under your Account, and you agree to maintain the security and secrecy of your Account log-in information at all times. You may not authorize third parties to use your Account. Unless otherwise permitted by Remotely in writing, you may only possess one Account.

By creating an Account on the Services, you represent and warrant that you meet all of the foregoing eligibility requirements. If you do not meet all of the foregoing requirements, you must not create an Account or access or use the Services.

Restrictions

In connection with your use of the Services, you agree: 

  • To comply with all applicable laws when accessing or using the Services;
  • To only access or use the Services for lawful purposes; 
  • Not to impersonate someone other than yourself, provide any other person or entity with access to the Services using your Account, or assign or otherwise transfer your Account to any other person or entity; 
  • Not to cause nuisance, annoyance, inconvenience, or property damage, to any third party;
  • Not to (i) use the Services in any manner that could disable, overburden, damage, or impair Remotely’s systems, (ii) introduce into the Services any viruses, Trojan horses, worms, or other malicious code, or (iii) attempt to gain unauthorized access to the Services or the servers on which the Services are administered or connected to;
  • Not to (i) remove any copyright, trademark, or other proprietary notices from any portion of the Services, (ii) reproduce, modify, create derivative works of, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Services except as expressly permitted by Remotely, (iii) decompile, reverse engineer or disassemble the Services, except as may be permitted by applicable law, (iv) link to, mirror or frame any portion of the Services, (v) cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the Services, (vi) attempt to gain unauthorized access to or impair any aspect of the Services or its related systems or networks, or (vii) make available any content that (x) is violent, threatening, unlawful, tortious, defamatory, vulgar, obscene, libelous, or racially, ethnically abusive or otherwise objectionable, (y) is sexual in nature or displays nudity or pornographic material (z) promotes violence, threats against any person or property, illegal or harmful activities, discrimination, abuse, bigotry, racism, hatred, harassment or harm against any individual or group;
  • Run Maillist, Listserv, any form of auto-responder or “spam” on the Services, or that otherwise interfere with the proper working of the Services (including by placing an unreasonable load on the Services’ infrastructure);
  • “Crawls,” “scrapes,” or “spiders” any page, data, or portion of or relating to the Services or Content (through use of manual or automated means);
  • Not to engage in any other conduct that (i) restricts or inhibits anyone’s use or enjoyment of the Services or (ii) may harm Remotely, its affiliates, licensors, or customers, as determined by Remotely. 

You acknowledge that your use of the Services is at your own risk, including the risk that you might be exposed to content that is offensive, indecent, inaccurate, objectionable, incomplete, fails to provide adequate warning about potential risks or hazards, or is otherwise inappropriate. Content that users submit or transmit to, through, or in connection with the Services (including any content that may have been created by users employed or contracted by Remotely) does not necessarily reflect the opinion of Remotely.

If you fail to comply with any of the foregoing restrictions, you may be denied access to or use of the Services.

Geographic Restrictions

Remotely resides in and provides Services from the United States. Access to the Services may not be legal by certain persons or in certain countries. If you access the Services from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

Intellectual Property Rights

Ownership

You hereby acknowledge that the Services, and all content, logos, designs, trade dress, trademarks, slogans, features, and functionality therein, including but not limited to all information, inventions, algorithms, source code, computer software, methods, text, displays, images, video and audio, and the design, implementation, selection, and arrangement thereof (collectively “Company IP”), are owned by Remotely, its affiliates, or licensors and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

Accordingly, you agree not to: (i) reproduce, reformat, distribute, modify, create derivative works of, publicly display, publicly perform, promote, publish, download, store, license, sublicense, or transmit any Company IP except as allowed by law or as necessary to use the Services for their intended purposes in compliance with these Terms, (ii) attempt to decompile, reverse engineer, or read-out any Company IP, (iii) or delete or alter any copyright, trademark or other proprietary rights notices from any Company IP.

If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Company IP in breach of these Terms, your right to use the Services will cease immediately and you must return or destroy any copies you have made.

All other names, logos, designs, and slogans displayed on the Services are the trademarks of their respective owners.

Except for the limited license granted herein, neither these Terms nor your use of the Services convey or grant to you any right, title, or interest: (i) to any Company IP in or related to the Services or (ii) to use or reference in any manner Remotely's names, logos, product and service names, trademarks or services marks or those of Remotely's licensors.

All rights not expressly granted are reserved by Remotely. 

Your Content‍

You hereby grant to Remotely a perpetual, non-exclusive, royalty-free, transferable, sub-licensable, worldwide license to host, use, distribute, modify, copy, publicly perform or display, translate, create derivative works of, and otherwise exploit in any manner in all formats and distribution channels now known or hereafter developed, any content you submit, upload, add, publish or post to the Services, including your name, resume information, company information, and other Account information you make public through the Services (“Your Content”). You can end your license at any time by deleting your content or account, however, any content shared with others that has not been deleted will continue to appear.

You represent and warrant that: (i) you either are the sole and exclusive owner of Your Content or you have all rights, licenses, consents and releases necessary to grant Remotely the license to use Your Content as set forth above; and (ii) neither Your Content, nor your submission, uploading, publishing or otherwise making available of Your Content, nor Remotely's use of Your Content as permitted herein, will infringe, misappropriate, or violate any third party's intellectual property or proprietary rights, rights of publicity or privacy, or result in the violation of any applicable law or regulation.

Remotely may remove Your Content, at Remotely's sole discretion and at any time and for any reason, without notice to you.

Information About You

All information Remotely or its service providers collect via the Services is subject to our Privacy Policy. By using the Services, you consent to all actions we take with respect to your information in compliance with our Privacy Policy.

Third-Party Websites and Content

The Services may contain, or you may be sent to, links to other websites (“Third-Party Websites”) as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, and other content or items belonging to or originating from third parties (“Third-Party Content”). Such Third-Party Websites and Third-Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by Remotely, and we are not responsible for any Third Party Websites accessed through the Services or any Third-Party Content posted on, available through, including the content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of or contained in the Third-Party Websites or the Third-Party Content. Inclusion of, linking to, or permitting the use of any Third-Party Websites or any Third-Party Content does not imply approval or endorsement thereof by Remotely. If you decide to leave the Services and access the Third-Party Websites or to use any Third-Party Content, you do so at your own risk. You should review the applicable terms and policies, including privacy and data gathering practices, of any website to which you navigate from the Services. Any purchases you make through Third-Party Websites will be governed by the terms and conditions of the applicable website provider, and Remotely takes no responsibility whatsoever in relation to such purchases. You acknowledge that Remotely does not endorse the products or services offered on Third-Party Websites and you shall hold Remotely and its affiliates harmless from any harm caused by your purchase of such products or services. Additionally, you shall hold Know and its affiliates harmless from any losses sustained by you or harm caused to you relating to or resulting in any way from any Third-Party Content or any contact with Third-Party Websites.

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Arbitration Agreement

By agreeing to the Terms, you agree that you are required to resolve any claim that you may have against Remotely on an individual basis in arbitration, as set forth in this agreement to arbitrate (“Arbitration Agreement”). This will preclude you from bringing any class, collective, or representative action against Remotely, and also preclude you from participating in or recovering relief under any current or future class, collective, consolidated, or representative action brought against Remotely by someone else.

Agreement to Binding Arbitration Between You and Remotely

You and Remotely agree that any dispute, claim or controversy between You and Remotely (each a “Claim” and collectively, “Claims”) shall be settled or resolved by binding arbitration solely between you and Remotely, and not in a court of law. Claims include, but are not limited to, any dispute, claim or controversy arising out of or relating to (a) these Terms or the existence, breach, termination, enforcement, interpretation or validity thereof, or (b) your access to or use of the Services at any time, whether before or after the date you agreed to the Terms. 

Notwithstanding the foregoing, where you allege claims of sexual assault or sexual harassment occurring in connection with your use of the Services, you may elect to bring those claims in a court of competent jurisdiction instead of arbitration. Remotely does not waive the enforceability of this Arbitration Agreement as to any other provision, controversy, claim or dispute.

You acknowledge and agree that you and Remotely are each waiving the right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding. Unless both you and Remotely Remotelyotherwise agree in writing, any arbitration will be conducted only on an individual basis and not in a class, collective, consolidated, or representative proceeding. However, you and Remotely each retain the right to bring an individual action in small claims court and the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party's copyrights, trademarks, trade secrets, patents or other intellectual property rights.

Rules and Governing Law

The arbitration will be administered by the American Arbitration Association ("AAA") in accordance with the AAA’s Consumer Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (the "AAA Rules") then in effect, except as modified by this Arbitration Agreement. The AAA Rules are available at www.adr.org or by calling the AAA at 1-800-778-7879.

The parties agree that the arbitrator ("Arbitrator"), and not any federal, state, or local court or agency, shall have exclusive authority to resolve any disputes relating to the interpretation, applicability, enforceability or formation of this Arbitration Agreement, including any claim that all or any part of this Arbitration Agreement is void or voidable. The Arbitrator shall also be responsible for determining all threshold arbitrability issues, including issues relating to whether the Terms are unconscionable or illusory and any defense to arbitration, including waiver, delay, laches, or estoppel.

Notwithstanding any choice of law or other provision in the Terms, the parties agree and acknowledge that this Arbitration Agreement evidences a transaction involving interstate commerce and that the Federal Arbitration Act, 9 U.S.C. § 1 et seq. ("FAA"), will govern its interpretation and enforcement and proceedings pursuant thereto. It is the intent of the parties that the FAA and AAA Rules shall preempt all state laws to the fullest extent permitted by law. If the FAA and AAA Rules are found to not apply to any issue that arises under this Arbitration Agreement or the enforcement thereof, then that issue shall be resolved under the laws of the state of California.

Location

Unless you and Remotely agree otherwise, any arbitration hearings between the Remotely and you will take place in New York County, New York. 

Arbitrator's Decision

The Arbitrator will render an award within the time frame specified in the AAA Rules. The Arbitrator may award declaratory or injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant's individual claim. An Arbitrator’s decision shall be final and binding on all parties. An Arbitrator’s decision and judgment thereon shall have no precedential or collateral estoppel effect. If you prevail in arbitration you will be entitled to an award of attorneys' fees and expenses, to the extent provided under applicable law. Remotely will not seek, and hereby waives all rights Remotely may have under applicable law to recover attorneys' fees and expenses if Remotely prevails in arbitration.

Fees

Your responsibility to pay any AAA filing, administrative and arbitrator fees will be solely as set forth in the AAA Rules. 

Severability and Survival

If any portion of this Arbitration Agreement is found to be unenforceable or unlawful for any reason, (1) the unenforceable or unlawful provision shall be severed from these Terms; (2) severance of the unenforceable or unlawful provision shall have no impact whatsoever on the remainder of the Arbitration Agreement or the parties’ ability to compel arbitration of any remaining claims on an individual basis pursuant to the Arbitration Agreement; and (3) to the extent that any claims must therefore proceed on a class, collective, consolidated, or representative basis, such claims must be litigated in a civil court of competent jurisdiction and not in arbitration, and the parties agree that litigation of those claims shall be stayed pending the outcome of any individual claims in arbitration.

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Disclaimers; Limitations of Liability, Indemnity

DISCLAIMER

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE." REMOTELY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, NOT EXPRESSLY SET OUT IN THESE TERMS, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN ADDITION, REMOTELY MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE REGARDING THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, OR AVAILABILITY OF THE SERVICES OR ANY SERVICES OR GOODS REQUESTED THROUGH THE USE OF THE SERVICES, OR THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. WITHOUT LIMITING THE FOREGOING, NEITHER REMOTELY NOR ANYONE ASSOCIATED WITH REMOTELY REPRESENTS OR WARRANTS THAT THE SERVERS THAT MAKES THE SERVICES AVAILABLE ARE FREE OF VIRUSES. YOU AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR DOWNLOAD AND USE OF THE SERVICES, THE SITE, AND ANY SERVICE OR GOOD REQUESTED IN CONNECTION THEREWITH, REMAINS SOLELY WITH YOU, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW.

LIMITATION OF LIABILITY

IN NO EVENT WILL REMOTELY, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, MEMBERS, OFFICERS, OR AGENTS BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOST REVENUE, LOSS OF BUSINESS, LOSS OF GOODWILL, LOST DATA, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, OR PROPERTY DAMAGE RELATED TO, IN CONNECTION WITH, OR OTHERWISE RESULTING FROM ANY USE OF THE SERVICES, WHETHER CAUSED BY TORT, NEGLIGENCE, BREACH OF CONTRACT, OR OTHERWISE, EVEN IF REMOTELY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. EXCEPT AS EXPRESSLY STATED ABOVE, THE MAXIMUM AMOUNT YOU ARE ENTITLED TO RECOVER IS THE AMOUNT PAID TO REMOTELY FOR ITS SERVICES OR $100, WHICHEVER IS GREATER.

REMOTELY SHALL NOT BE LIABLE FOR ANY DAMAGES, LIABILITY OR LOSSES ARISING OUT OF: (i) YOUR USE OF OR RELIANCE ON THE SERVICES OR YOUR INABILITY TO ACCESS OR USE THE SERVICES; OR (ii) ANY TRANSACTION OR RELATIONSHIP BETWEEN YOU AND ANY PARTICIPANT, EVEN IF REMOTELY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. REMOTELY SHALL NOT BE LIABLE FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND REMOTELY'S REASONABLE CONTROL, INCLUDING, BUT NOT LIMITED TO, THE FOLLOWING: ACTS OF GOD; ACTS OF PUBLIC AUTHORITIES ACTING WITH ACTUAL OR APPARENT AUTHORITY; CRIMINAL ACTS OF THIRD PARTIES; EPIDEMICS; THE SITE OF SECURITY REGULATIONS IMPOSED BY ANY GOVERNMENT; WORK STOPPAGES OR OTHER LABOR DISPUTES; WAR, MILITARY ACTIONS OR POLICE ACTIONS; ACTS OF TERRORISM; CIVIL COMMOTIONS; OR DISRUPTIONS IN AIR OR GROUND TRANSPORTATION NETWORKS, SUCH AS WEATHER PHENOMENA AND NATURAL DISASTERS. 

THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

INDEMNIFICATION

You agree to indemnify and hold Remotely and its affiliates and their members, officers, directors, employees, and agents harmless from any and all claims, demands, losses, liabilities, and expenses (including attorneys' fees), arising out of or in connection with: (i) your use of the Services or services or goods obtained through your use of the Services; (ii) your breach or violation of any of these Terms; or (iii) Remotely's use of Your Content; or (iv) your violation of the rights of any third party.

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Other Provisions

Choice of Law

These Terms are governed by and construed in accordance with the laws of the State of New York, without giving effect to any conflict of law principles, whether of the State of New York or any other jurisdiction. 

Entire Agreement

These Terms and our Privacy Policy constitute the sole and entire agreement between you and Remotely with respect to the Services and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral.

No Assignments

You may not assign these Terms without Remotely's prior written approval. Remotely may assign these Terms without your consent to: (i) a subsidiary or affiliate; (ii) an acquirer of Remotely's equity, business or assets; or (iii) a successor by merger. Any purported assignment in violation of this section shall be void. 

No Joint Venture

No joint venture, partnership, employment, or agency relationship exists between you, Remotely, or any Requester or Worker as a result of these Terms or use of the Services or Site. 

Waiver and Severability

No waiver by Remotely of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Remotely to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.

You agree that these Terms will not be construed against us by virtue of having drafted them.  If any provision of these Terms is held by a court or other tribunal to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced to the fullest extent under law. Remotely’s failure to enforce any right or provision in these Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Remotely in writing. This provision shall not affect the Severability and Survivability section of the Arbitration Agreement of these Terms.

A printed version of these Terms and of any notice given in electronic form will be 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.

Contact

We appreciate your feedback. All feedback, comments, requests for technical support and other communications relating to the Services should be sent to: contact@remotelyos.com.