Terms & Conditions

Last Updated: Effective July 2022

This website is operated by RemoteHub Inc., (hereinafter, “RemoteHub”, “We”, or “Us”). These terms and conditions (the “Terms”) govern your access to the RemoteHub website https://www.remotehub.com and any other mobile applications, web services owned, controlled, or offered by RemoteHub, now or in the future (all collectively referred to as, the "Services" and/or “Platform”). The term “You” or “User” shall refer to any individual that views, uses, accesses, browses or submits any content or material to the Services.

These Terms are important and affect your legal rights, so please read them carefully. Note that these Terms contain a mandatory arbitration provision that requires the use of arbitration on an individual basis and limits the remedies available to you in the event of certain disputes.

The Services are offered to you conditioned on your acceptance without modification of Terms contained herein. Certain features, services or tools of the Platform may be subject to additional guidelines, terms, or rules, which will be posted with those features and are a part of these Terms. Your use of the Services constitutes your agreement to all such Terms. Please read these terms carefully and keep a copy of them for your reference.

YOU ACKNOWLEDGE AND AGREE THAT BY ACCESSING, USING, CONSUMMATING A FINANCIAL TRANSACTION, OR BROWSING THE SERVICES, YOU ARE AFFIRMING THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS, WHETHER OR NOT YOU HAVE REGISTERED WITH THE PLATFORM. IF YOU DO NOT AGREE TO THESE TERMS, THEN YOU HAVE NO RIGHT TO ACCESS OR USE THE SERVICES.

PRIVACY POLICY

Your use of the Platform is subject to the RemoteHub Privacy Policy. Please review our Privacy Policy, which also governs the Services and informs Users of our data collection practice.

1. USE OF OUR SERVICES

RemoteHub is an online service marketplace where individuals and enterprises can either buy or sell services, as well as post and participate in volunteer projects. The Platform integrates professional social networking with freelance services in various job categories. A “Client” shall mean a User that is registered with the Services and seeks Providers to perform a Project. A “Provider” shall mean a User who is registered with the Services seeking to provide services for Clients. A “Project” means a job for which Client is seeking Providers to complete.

Access to our Platform is permitted on a temporary basis, and we reserve the right to withdraw or amend the service we provide without notice. We will not, and neither will any of our partners, be liable if for any reason our Services are unavailable at any time or for any period. We may make some parts of our Services available only to Users who have registered an account with us. You may be required to register an account with us and submit certain personal data to access certain parts of our Platform.

You must be eighteen (18) years or over in order to use the Platform and its services. RemoteHub does not knowingly collect, either online or offline, personal information from persons under the age of 13.

2. REGISTRATION, ACCOUNT AND COMMUNICATION PREFERENCES

In order to access and use certain areas or features of the Platform, including requesting services from Providers or providing services as a Provider through the marketplace, you will need to create an account.

A “Account”: “User Account” may be opened by any individual user who signs up for an account at RemoteHub and through such User Account will have access to resources and content generated by other Users. Users may create a “Company Account”, which is aimed at representing collaborative work and services. Company can also become a Client or Provider on the Platform. By creating an account, you agree to (i) provide accurate, current and complete information about yourself as necessary, (ii) maintain and promptly update from time to time as necessary your account information, (iii) maintain the security of your password and accept all risks of unauthorized access to your account and the information you provide to us, and (iv) immediately notify us if you discover or otherwise suspect any security breaches related to your account. In creating an account, you represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of the United States or any other applicable jurisdiction. We reserve the right to suspend or terminate your account if any information provided during the registration process or thereafter proves to be inaccurate, false or misleading.

  1. Communication Preferences. By creating an Account, you also consent to receive electronic communications from Us (e.g., via email or by posting notices to the Platform). These communications may include notices about your Account (e.g., password changes, updates and other transactional information) and are part of your relationship with Us. You agree that any notices, agreements, disclosures or other communications that we send to you electronically will satisfy any legal communication requirements, including, but not limited to, that such communications be in writing.
  2. Account Information; Updates. You agree to provide current, complete and accurate payment and account information for your Account. You promise to update the information you have provided to RemoteHub in the event of any changes to your contact information, or background. Specifically, with respect to your contact information, RemoteHub may deliver notices to you at the most recent email, telephone, or address provided by you, and those notices will be considered valid even if you no longer maintain the email account, telephone number, or receive mail at that address unless you provide updated contact information to us.
  3. Account Access and Security. Also, you are, and will be solely responsible for, all of the activity that occurs through your Account, so please keep your password and RemoteHub Account information secure. You agree that you will not disclose your password to any third-party and that you will take sole responsibility for any activities or actions under your RemoteHub Account, whether or not you have authorized such activities or actions. You will immediately notify RemoteHub of any actual or suspected unauthorized use of your RemoteHub Account. We are not responsible for your failure to comply with this clause, or for any delay in shutting down or protecting your RemoteHub Account after you have reported unauthorized access to us. We reserve the right to suspend the provision of the Services or any part thereof, if any information provided during the registration process or thereafter proves to be inaccurate, false, or misleading. You are responsible for all charges incurred under your Account, whether made by you or another person using your Account. You may not assign or otherwise transfer your Account to any other person or entity. You acknowledge that we are not responsible for third party access to your account that results from theft or misappropriation of your account. We reserve the right to refuse or cancel service, terminate accounts, or remove or edit content from the Platform if in our opinion, you have failed to comply with any of the provisions of these Terms.

3. ACCESS TO THE SERVICES

We shall use commercially reasonable efforts to ensure the availability of the Services, except that we shall not be liable for: (a) scheduled downtime; or (b) any unavailability caused directly or indirectly by circumstances beyond our reasonable control, including without limitation, (i) a force majeure event; (ii) Internet Host, webhosting, cloud computing platform, or public telecommunications network failures or delays, or denial of service attacks; (iii) a fault or failure of your computer systems or networks; or (iv) any breach by of these Terms by you.

4. CONTRACTUAL RELATIONSHIP BETWEEN CLIENTS AND PROVIDERS

If a Client and Provider decide to enter into a service contract, the service contract is only between the Client and Provider. Only the Client and Provider have discretion as to whether or not enter into a service contract with each other and to the specific terms of the service contract. You acknowledge, agree, and understand that RemoteHub is not a party to any agreements between any Clients and Providers, and that the formation of one will not, under any circumstances, create an employment or other service relationship between RemoteHub and any Client or Provider or a partnership or joint venture between RemoteHub and any User. By entering into a service contract on the Platform, User represents that any such agreement does not interfere with these Terms and RemoteHub Privacy Policy in any way. Upon entering into a service agreement, Users are responsible for complying with any applicable federal, state, or local laws.

For disputes between Client and Providers, you agree to resolve the dispute through discussions on the Platform. If you cannot reach a resolution, you may pursue a dispute process independently. You acknowledge and agree that RemoteHub will not and is not obligated to provide any dispute assistance beyond what is provided in these Terms.

5. WORKER CLASSIFICATION

Client is solely responsible for and has complete discretion with regard to selection of any Provider for any Project. Client warrants its decision regarding classification is correct and assumes all liability for determining whether the Provider is engaged as an independent contractor or as an employee of the Client. RemoteHub will not be involved in worker classification between the Client and Provider. You agree that RemoteHub has no involvement in and will have no liability arising from or relating to the classification of a Provider generally or with regard to a particular Project.

6. PAYMENT TERMS AND ESCROW SERVICES

  1. Escrow Services. RemoteHub provides escrow services for Users to deliver, hold, and/or receive payment for a Project “The Escrow”. The Escrow is intended for business use, and you agree that you will use the escrow services only for business purposes and not for consumer, personal, family, or household purposes. You acknowledge and agree that The Escrow acts merely as an internet escrow agent. If you authorize or instruct The Escrow to release funds from the Escrow Account associated with you, RemoteHub may release the whole or part of the funds, in reliance on Provider’s authorization, or pay the funds to Client as may be applicable. After entering into a service contract, The Escrow will establish and maintain an escrow account to hold funds for Client to use to make payments for Projects, to receive funds in connection with Projects, and to make payments to RemoteHub for any applicable administrative and processing fees. The Escrow will also maintain such an Escrow account for Providers to receive payments for projects, withdraw payments, make payments for any applicable administrative and processing fees. You hereby allow and instruct The Escrow to act as an escrow agent in connection with the Escrow Accounts and the payment, holding, and receipt of funds for each Project and other purposes in accordance with these Terms and Conditions.
  2. Payment of Service Contracts. Provider will invoice the Client through the Platform, and the Client will pay invoices consistent with the instructions of the service agreement. For Projects to be paid via a fixed price, Client becomes obligated to fund RemoteHub Escrow before sending an offer to the Provider. Client acknowledges and agrees that for both hourly and fixed-price Projects, failure to decline or dispute the Provider’s invoice or request for payment is an authorization and instruction to release payment. When Client authorizes the payment of the Provider’s fees for a fixed-price Project, Client automatically and irrevocably authorizes and instructs The Escrow to charge the Client’s Payment Method for the Provider’s fees. When the Client approves an hourly-based Project, Client automatically and irrevocably authorizes and instructs RemoteHub Escrow to charge Client’s Payment Method for Provider’s fees.
  3. Payment Methods. In order to enter into Service Contracts on the Platform, Client must provide account information for at least one valid Payment Method such as a credit card information, PayPal email, or any other payment method that may be made available on the Platform. Client hereby authorizes RemoteHub and RemoteHub and The Escrow to run authorizations on all credit cards and/or PayPal emails provided by Client, to store credit card and banking or other financial details as Client’s method of payment consistent with our Privacy Policy, and to charge Client’s credit card (or any other Payment Method) for the Provider fees and any other amounts owed under the Terms and Conditions. By providing a Payment Method information through the Platform and authorizing payments with the Payment Method, Client represents, warrants, and covenants that: (a) Client is legally authorized to provide such information and to make payments using the Payment Method(s); (b) if Client is an employee or agent of a company or person that owns the Payment Method, that Client is authorized by the company or person to use the Payment Method to make payments on the Platform; and (c) such actions do not violate the terms and conditions applicable to Client’s use of such Payment Method(s) or applicable law. When Client authorizes a payment using a Payment Method via the Platform, Client represents and warrants that there are sufficient funds or credit available to complete the payment via the designated Payment Method. To the extent that any amounts owed cannot be collected from Client’s Payment Method, Client is solely responsible for paying such amounts by other means.
  4. Default. Client will be deemed to be in default on the earliest occurrence of any of the following: (a) Client fails to pay a balance that is due or to bring, within a reasonable period of time but no more than fourteen (14) days, an account current after a credit or debit card is declined or expires, (b) Client fails to pay an invoice issued to the Client within (30) days, (c) Client initiates a chargeback with a bank or other financial institution, or (d) Client takes other actions or fails to take any action that results in a negative or past-due balance on the Client’s account. If Client is in default, RemoteHub may, without notice, temporarily or permanently suspend Client’s Account and revoke Client’s access to the Services, including Client’s authority to use the Services to process any additional payments, enter into service contracts, or obtain any additional Provider services from other Users through the Services. However, Client will remain responsible for any amounts that accrue on any open, in-progress, and/or disputed Projects at the time a limitation is put on the Client’s Account as a result of the default.
  5. Taxes. You are solely responsible for any and all income, sales, and other taxes that may be due to any state, local or federal governmental authorities in respect of any products or services purchased through the Platform. RemoteHub will not make any withholdings or remit any tax payments on your behalf. You shall indemnify, save and hold RemoteHub harmless from and against all loss, cost or expense of any kind or nature in connection with of any applicable any tax obligations.

7. USABILITY TESTERS

In order to become a utility tester for Company (a “Tester”), you must register and create an account on the Platform. The information you provide will be used by our system to select the usability tests that fit your criteria. You agree to the collection and use of such information, including, but not limited to video recording of your screen and audio recordings of your voice as part of providing usability testing services. You represent and warrant that the information you provide is authentic, accurate, compete and stated in accordance with these Terms and Conditions.

RemoteHub makes no representations or warranties that you will be selected to perform usability testing services. You agree to full confidentiality regarding any elements of the usability testing services in which you have, will, or are participating. You will not disclose to any third party any information relating to any usability testing performed on RemoteHub and any information about the Client. You agree not to disclose this information to other testers or third parties, either in person, via Internet or any other form of communication. If the usability testing services require you to download any elements onto your computer, you will delete such elements after completion of the usability testing services, except for any recording software RemoteHub may request you to download prior to the usability testing.

Only non-personally identifiable information may be shared with a Client as part of the usability test results in accordance with our Privacy Policy. RemoteHub may retain statistics and aggregate other non-personally identifiable information from the tests and reports you create, and feature such information on the Platform, and/or disclose such information to third parties for marketing or other purposes.

You agree that the compensation you receive for providing the usability testing services from RemoteHub is complete and sufficient consideration for your providing the services and any information or suggestions you provide to RemoteHub or a Client therein. If and to the extent that you provide any suggestions, improvements, or any other ideas, or reports during your performance of usability testing services ("Test Results") with respect to any elements or your performance as a Tester, you hereby assign and agree to assign any and all rights in and to such Test Results to RemoteHub for no additional consideration.

8. PROHIBITED USES

Use of the Services is limited to the permitted uses expressly authorized by Us. Any violation of this Agreement by your user content, as determined by RemoteHub in its sole discretion, may result in the termination of your access to the Services. The Platform shall not be used to:

  1. Harass, abuse, stalk, threaten, defame, or otherwise infringe or violate the rights of any other party (including but not limited to rights of publicity or other proprietary rights);
  2. Engage in any unlawful, fraudulent, or deceptive activities;
  3. Misrepresent the source, identity, or content of information transmitted via the Platform;
  4. Use technology or other means to access unauthorized content or non-public spaces;
  5. Use or launch any automated system or process, including without limitation, "bots," "spiders," or "crawlers," to access unauthorized content or non-public spaces;
  6. Attempt to introduce viruses or any other harmful computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
  7. Probe, scan, or test the vulnerability of the Services or any system or network; use any robot, spider, scraper or other automated means to access the Services for any purpose without our express written permission;
  8. Use the Services in connection with hazardous environments requiring fail-safe performance or any application in which the failure or inaccuracy of that application or the Services could lead to death, personal injury, or physical or property damage;
  9. Modify the Services in any manner or form; use or develop any application that interacts with the Services or provides access to other users' content or information without our written permission; or use modified versions of the Services, including to obtain unauthorized access to the Services;
  10. Attempt to damage, disable, overburden, or impair our servers or networks;
  11. Attempt to gain unauthorized access to the Services, or any part of it, other accounts, computer systems or networks connected to RemoteHub, or any part of it, through hacking, password mining or any other means, or interfere or attempt to interfere with the proper working of or any activities conducted on the Services;
  12. Display the Services or profile data on any external display or monitor or in any public setting without obtaining the prior consent of all participants. Furthermore, you may not display the Services or profile data on any external display or monitor or in any public setting in a manner that infringes on the intended use of the Services;
  13. Encourage the commission or encouragement of any illegal purpose, or in violation of any local, state, national, or international law, including laws governing criminal acts, prohibited or controlled substances, intellectual property and other proprietary rights, data protection and privacy, and import or export control; or
  14. violate these Terms in any manner.

9. USE OF COMMUNICATION SERVICES

The Services may contain comment sections, chat areas, forums, reviews, and/or other message or communication facilities designed to enable you to communicate with other Users (collectively, "Communication Services"), you agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using a Communication Service, you will not:

  1. defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others;
  2. publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information;
  3. publish, store, send, transmit, or disseminate any information or material which a reasonable person could deem to be objectionable, defamatory, libelous, offensive, obscene, indecent, pornographic, harassing, threatening, embarrassing, distressing, vulgar, hateful, racially or ethnically or otherwise offensive to any group or individual, intentionally misleading, false, or otherwise inappropriate, regardless of whether this material or its dissemination is unlawful;
  4. upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents;
  5. upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer;
  6. advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages;
  7. conduct or forward surveys, contests, pyramid schemes or chain letters;
  8. download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner;
  9. falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded;
  10. restrict or inhibit any other user from using and enjoying the Communication Services;
  11. violate any code of conduct or other guidelines which may be applicable for a particular Communication Service;
  12. harvest or otherwise collect information about others, including e-mail addresses, without their consent;
  13. harvest or otherwise collect information about users without their and our consent;
  14. violate any applicable laws or regulations.

We have no obligation to monitor the Communication Services. However, We reserve the right to review materials posted to a Communication Service and to remove any materials in our sole discretion. We reserve the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.

10. INTELLECTUAL PROPERTY RIGHTS

You are granted a non-exclusive, non-transferable, revocable license to access and use the Services strictly in accordance with these Terms. As a condition of your use of the Services, you warrant to Us that you will not use the Platform for any purpose that is unlawful or prohibited by these Terms. You may not use the Platform in any manner which could damage, disable, overburden, or impair the Platform or interfere with any other party's use and enjoyment of the Services. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Services.

All content included as part of the Platform, such as text, graphics, videos, logos, images, as well as the compilation thereof, and any software used on the Platfrom, is the property of RemoteHub or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.

You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Platform. Our content is not for resale. Your use of the Platform does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use and will make no other use of the content without the express written permission of RemoteHub and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of RemoteHub or our licensors except as expressly authorized by these Terms.

11. DMCA NOTICE AND TAKEDOWN POLICY

RemoteHub respects intellectual property rights and expects its users to do the same. If you are a copyright owner or an agent thereof, and you believe that any content hosted on any of the Services infringes your copyrights, then you may submit a notification by providing RemoteHub’s Designated Copyright Agent with the following information in writing:

  1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  2. Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works on the applicable Services are covered by a single notification, a representative list of such works on the applicable Services;
  3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit RemoteHub to locate the material; Information reasonably sufficient to permit RemoteHub to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
  4. A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law (for example, "I am under the good faith belief that the use of the copyrighted content that is identified herein is not authorized by the copyright owner, its agent, or the law."); and
  5. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed (for example, "I swear, under penalty of perjury, that the information in this notification is accurate and that I am the copyright owner or authorized to act on behalf of the copyright owner, of the copyright(s) that is allegedly infringed by the aforementioned content.").

RemoteHub Designated Copyright Agent to receive notifications of claimed infringement can be reached as follows:

RemoteHub, Inc.
info@remotehub.com
Attention: Copyright Claims

For clarity, only notices under this section should go to the RemoteHub Designated Copyright Agent. You acknowledge that if you fail to comply with all of the requirements of this Section, your DMCA notice may not be valid. Please note that under Section 512(f) of the U.S. Copyright Act, any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.

12. FEEDBACK

You can submit questions, comments, suggestions, ideas, original or creative materials or other information about RemoteHub or the Services (collectively, “Feedback”). Feedback is non-confidential and shall become the sole property of RemoteHub. We shall own exclusive rights, including, without limitation, all intellectual property rights, in and to such Feedback and shall be entitled to the unrestricted use and dissemination of this Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you.

13. LINKS TO THIRD PARTY WEBSITES/THIRD-PARTY SERVICES

The Platform may contain links to other brands or services ("Linked Website"). The Linked Websites are not under our control and We are not responsible for the contents of any Linked Websites, including without limitation any link contained in a Linked Website, products or merchandise sold through the Platform, or any changes or updates to a Linked Website. We are providing these links to you only as a convenience, and the inclusion of any link does not imply our endorsement of the services or any association with its operators. Certain services made available through the Platform are delivered by third parties and organizations and these Terms do not apply to any Linked Website. By using any product, service or functionality originating from the Platform, you hereby acknowledge and consent that we may share such information and data with any third party with whom we have a contractual relationship to provide the requested product, service or functionality on behalf of RemoteHub and customers.

To the fullest extent permitted by applicable law, you hereby release and forever discharge Us (and our officers, employees, agents, successors, and assigns) from, and hereby waive and relinquish, each and every past, present and future dispute, claim, controversy, demand, right, obligation, liability, action and cause of action of every kind and nature (Including personal injuries, emotional distress, identity theft, death, and property loss and damage), that has arisen or arises directly or indirectly out of, or relates directly or indirectly to, (a) any interactions with, or act or omission of, or user content provided by, other Users of the Services or (b) any third-party site, products, services, and links Included on or accessed through the RemoteHub Services. If you are a California resident, you hereby waive California civil code section 1542 in connection with the foregoing, which states: "a general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor." resolving any disputes.

14. THIRD PARTY ACCOUNT LOGIN & REGISTRATION

If you register with the Platform by using your Google, Facebook, Instagram, and other related accounts (individually, as a “Third Party Account”) login information, you authorize us to access and use certain Third-Party Account information, including, but not limited to, any of your Third-Party Account public profile and other information such as the profiles of Facebook friends or Instagram followers you might share in common with other Users. Please note that if your Third-Party Account or associated service becomes unavailable or if our access to such account is terminated by the third-party Host, the Third-Party Account content will no longer be available on or through the Services. You have the ability to disable the connection between your Account and Your Third-Party Account, at any time. Your relationship with such Third-Party Hosts associated with your Third-Party Accounts is governed solely by your Agreement(s) with such Third-Party Hosts. We make no effort to review any Third-Party Account content for any purpose, including, but not limited to, for accuracy, legality or non-infringement, and We are not responsible for any Third-Party Account content.

15. USER CONTENT

You may generate content, written or otherwise, while using the Platform ("User Content"). You acknowledge and agree that your User Content may be used, reproduced, displayed, modified, deleted, added to, adapted, and published by us (for example, in advertising and product marketing campaigns). You thereby grant Us and our successors a worldwide, irrevocable, transferrable, sub-licensable, fully paid, royalty-free, non-exclusive license to use, reproduce, display, modify, delete from, add to, adapt, publish, and prepare derivative works from your User Content. You further acknowledge and agree that you and you alone, are responsible for the development your User Content. You grant all rights described in this paragraph in consideration of our use of the Services and our services, without compensation of any sort to you. We do not claim ownership of User Content.

We will not access, view, display or listen to any User Content, except as set forth in these Terms and as reasonably necessary to operate the Services, including to monitor your conduct and misuse. Actions reasonably necessary to operate the Services may include (but are not limited to) (a) advertising, marketing or otherwise promoting the Services; (b) responding to support requests and facilitating communication among Users; (c) detecting, preventing, or otherwise addressing fraud, security, unlawful, or technical issues; and (d) enforcing these Terms. We reserve the right to review, remove, block, or modify any content on the Services, including User Content, without notice or further obligation to you.

The uploaded User Content must be original material that has been created by the User. By uploading content to the Services, you represent and warrant that: (i) you exclusively own all right, title, and interest in and to the uploaded User Content; (ii) the uploaded User Content does not infringe upon the Intellectual Property Rights of any third party; and (iii) there are no legal actions, investigations, claims, or proceedings pending or threatened relating to the uploaded User Content.

16. INTERACTIONS WITH OTHER USERS

We cannot and do not verify the identity of Users of the Services or the accuracy of any information that Users provide. You are solely responsible for determining the identity and suitability of the other Users with whom you interact when using the Services. We do not investigate or verify any user’s or member’s reputation, conduct, morality, criminal background, or any information Users may submit to the Services. You are solely responsible for your interactions with other Users of the Services.

You agree that in conjunction with your use of the Services, you will maintain safe and appropriate contact with other Users and other people in the real world. You will not harass threaten or otherwise violate the legal rights of others. You will not trespass, or in any manner attempt to gain or gain access to any property or location where you do not have a right or permission to be and will not otherwise engage in any activity that may result in injury, death, property damage, nuisance, or liability of any kind. If you have a dispute with any third party relating to your use of Services, you release RemoteHub (and our officers, directors, agents, subsidiaries, joint ventures, and employees) from all claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, suspected, and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.

YOU ASSUME ALL RISKS RELATING TO YOUR ONLINE OR OFFLINE COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SERVICES. YOU UNDERSTAND THAT REMOTEHUB DOES NOT SCREEN OR INQUIRE INTO THE BACKGROUND OF ANY USERS OF THE SERVICES. REMOTEHUB MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OF THE SERVICES. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SERVICES, PARTICULARLY IF YOU DECIDE TO MEET OFFLINE OR IN PERSON.

17. ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on the Platform that may contain typographical errors, inaccuracies or omissions that may relate to product or service descriptions, pricing, promotions, offers, charges and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel transactions if any information in the Platform is inaccurate at any time without prior notice. We undertake no obligation to update, amend or clarify information on the Platform, except as required by law. No specified update or refresh date applied in the Platform, should be taken to indicate that all information in the Platform has been modified or updated.

WE DO NOT REPRESENT, WARRANT OR OTHERWISE ENDORSE THAT THE SERVICES OR ANY CONTENT, INFORMATION OR SERVICES THAT ARE AVAILABLE OR ADVERTISED OR SOLD THROUGH THE SERVICES ARE ACCURATE, COMPLETE, AVAILABLE, CURRENT. WE RESERVE THE RIGHT TO CORRECT ANY ERRORS OR OMISSIONS IN THE PLATFORM.

18.ELECTRONIC COMMUNICATIONS

Using the Services or sending emails to Us constitutes electronic communications. If you provide Us with your email address to our contact form, you consent to receive electronic communications from Us and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Platform, satisfy any legal requirement that such communications be in writing.

19. VERIFIED BADGE

The Verified Badge is offered as a tool to show that a company is authentic and has provided all necessary information for us to determine it is a legitimate entity(“Verified Company”). RemoteHub does not use the Verified Badge to endorse, recommend, or recognize any particular company or their services.

We reserve the right to remove a Verified Badge, if we have knowledge that a company has provided misleading or false information during the process of verification. We may also take additional action, such as suspending access to the Services, or terminating an account, in our sole discretion.

Notwithstanding the above, you understand and agree that RemoteHub is not involved in or responsible for the conduct of any Verified Company, has no control over any Verified Company and has no association with a Verified Company. RemoteHub does not receive any type of compensation in order to issue a Verified Badge to companies using the Services.

RemoteHub does not have any power or authority to, and does not, determine any eligibility standards for any Project, select or contract any Provider to provide services, determine or control any term or condition of a Project, or cause any Provider to accept any Project or perform any services from a Verified Company.

To the fullest extent permitted by applicable law, you hereby release and forever discharge RemoteHub (and our officers, employees, agents, successors, and assigns) from, each and every past, present and future dispute, claim, controversy, demand, right, obligation, liability, action and cause of action of every kind and nature that has arisen or arises directly or indirectly out of, or relates directly or indirectly to, any interactions with, or act or omission of, a Verified Company through the RemoteHub Services.

20. INDEMNIFICATION

WITH THE EXCEPTION OF REMOTEHUB’S GROSS NEGLIGENCE AND WILLFUL MISCONDUCT, YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS REMOTEHUB, ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, AGENTS, REPRESENTATIVES, AND THIRD PARTIES, FOR ANY LOSSES, COSTS, LIABILITIES AND EXPENSES (INCLUDING REASONABLE ATTORNEY'S FEES) RELATING TO OR ARISING OUT OF YOUR USE OF, OR INABILITY TO USE, THE SERVICES, YOUR VIOLATION OF THESE TERMS OR YOUR VIOLATION OF ANY RIGHTS OF A THIRD PARTY, OR YOUR VIOLATION OF ANY APPLICABLE LAWS, RULES OR REGULATIONS. WE RESERVE THE RIGHT TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU, IN WHICH EVENT YOU WILL FULLY COOPERATE WITH US IN ASSERTING ANY AVAILABLE DEFENSES.

21. HARM FROM COMMERCIAL USE

You agree that the consequences of commercial use or re-publication of content or information from the Platform may be so serious and incalculable, that monetary compensation may not be a sufficient or appropriate remedy and that We will be entitled to temporary and permanent injunctive relief to prohibit such use.

22. DISCLAIMERS; NO WARRANTIES

EXCEPT AS EXPRESSLY PROVIDED TO THE CONTRARY IN WRITING BY REMOTEHUB, THE SERVICES AND THE INFORMATION CONTAINED ON SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. REMOTEHUB DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT AS TO THE SERVICES AND INFORMATION CONTAINED THEREIN. REMOTEHUB MAKES NO WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO ANY THIRD-PARTY PRODUCTS.

23. LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL REMOTEHUB OR ANY OF ITS OWNERS, EMPLOYEES, OFFICERS, AGENTS, AFFILIATES, AND SUBSIDIARIES (“RELEASEES”) BE LIABLE FOR ANY DAMAGES OR LOSSES ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SERVICES. NEITHER REMOTEHUB NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING SERVICES WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA, OR LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE, OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES, FROM THE USE OF OR INABILITY TO USE THE SERVICES WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT PRODUCT LIABILITY, OR ANY OTHER LEGAL OR EQUITABLE THEORY (EVEN IF THE PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE).

IN NO EVENT WILL REMOTEHUB’S, ITS SUBSIDIARIES OR INSURERS AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR YOUR USE OF THE SERVICES, EXCEED THE GREATER OF (I) THE AMOUNTS YOU HAVE PAID FOR THE SERVICES, IF APPLICABLE, IN THE TWELVE (12) MONTH PERIOD PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY, OR (II) US $100. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN REMOTEHUB AND YOU. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. YOU WAIVE CALIFORNIA CIVIL CODE §1542, OR ANY SIMILAR LAW, WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”

24. INFORMAL DISPUTE RESOLUTION

You and RemoteHub agree that any dispute that has arisen or may arise between Us relating in any way to Your use of or access to the Services, any validity, interpretation, breach, enforcement, or termination of this Agreement, or otherwise relating to RemoteHub in any way (collectively, "Covered Dispute Matters") will be resolved in accordance with the provisions set forth in this Section.

If You have any dispute with Us, you and RemoteHub agree that before taking any formal action, contact us at info@remotehub.com and provide a brief, written description of the dispute and your contact information (including your email address) and allow sixty (60) days to pass, during which We will attempt to reach an amicable resolution of any issue with you.

25. MANDATORY ARBITRATION

BY AGREEING TO THE TERMS, YOU AGREE THAT YOU ARE REQUIRED TO RESOLVE ANY CLAIM THAT YOU MAY HAVE AGAINST REMOTEHUB ON AN INDIVIDUAL BASIS IN ARBITRATION, AS SET FORTH IN THIS ARBITRATION AGREEMENT. THIS WILL PRECLUDE YOU FROM BRINGING ANY CLASS, COLLECTIVE, OR REPRESENTATIVE ACTION AGAINST REMOTEHUB, AND ALSO PRECLUDE YOU FROM PARTICIPATING IN OR RECOVERING RELIEF UNDER ANY CURRENT OR FUTURE CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE ACTION BROUGHT AGAINST REMOTEHUB BY SOMEONE ELSE.

  1. Arbitration Procedure. You and RemoteHub agree that any dispute, claim or controversy arising out of or relating to (i) these Terms or the existence, breach, termination, enforcement, interpretation or validity thereof, or (ii) your access to or use of the Services at any time, whether before or after the date you agreed to the Terms will be settled by binding arbitration between you and RemoteHub, and not in a court of law. The arbitration shall 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 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. 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, (“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 New York. The Arbitrator’s award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the event that any legal or equitable action, proceeding or arbitration arises out of or concerns these Terms, the prevailing party shall be entitled to recover its costs and reasonable attorney's fees. The parties agree to arbitrate all disputes and claims in regard to these Terms or any disputes arising as a result of these Terms, whether directly or indirectly, including Tort claims that are a result of these Terms. The entire dispute, including the scope and enforceability of this arbitration provision shall be determined by the Arbitrator. YOU UNDERSTAND AND AGREE THAT YOU ARE GIVING UP THE RIGHT TO GO TO COURT AND HAVE A DISPUTE HEARD BY A JUDGE OR JURY. This Arbitration Agreement shall survive the termination of these Terms.
  2. Exceptions to Our Agreement to Arbitrate Disputes. There are only two exceptions to this Agreement to arbitrate: (i) if either party reasonably believes that the other party has in any manner violated or threatened to infringe the intellectual property rights of the other party, the party whose rights have been violated may seek injunctive or other appropriate interim relief without bond in any court of competent jurisdiction or (ii) each party will retain the right to seek relief in a small claims court for disputes or claims within the scope of the jurisdiction of such courts.
  3. Who Bears the Costs of Arbitration? You and RemoteHub agree that payment of all filing, administration, and arbitrator fees will be governed by the AAA's rules unless otherwise stated in this Agreement to arbitrate. In the event the arbitrator determines the claim(s) you assert in the arbitration to be frivolous or without merit, you agree that RemoteHub is relieved of its obligation to reimburse you for any fees associated with the arbitration.
  4. Future Amendments to the Agreement to Arbitrate. Notwithstanding any provision in this Agreement to the contrary, You and We agree that if We make any amendment to this Agreement to arbitrate in the future, that amendment shall not apply to any claim that was filed in a legal proceeding against RemoteHub prior to the effective date of the amendment. However, the amendment shall apply to all other disputes or claims governed by the Agreement to arbitrate that have arisen or may arise between you and RemoteHub If you do not agree to these amended terms, you shall not access or use the Services, and the revised terms will not bind you.
  5. Judicial Forum for Legal Disputes. If the Agreement to arbitrate above is found not to apply to you or to a particular claim or dispute, either as a result of your decision to opt-out of the Agreement to arbitrate, as a result of a decision by the arbitrator or court order, you agree (except as otherwise provided by law) that any claim or dispute that has arisen or may arise between you and RemoteHub must be resolved exclusively by a state or federal court located in New York County, New York. You and RemoteHub agree to submit to the exclusive personal jurisdiction of the courts situated in New York County, New York, for the purpose of litigating all such claims or disputes.
  6. Arbitration Opt-Out Procedure. If you are a new user, you can choose to reject the agreement to arbitrate provision by emailing us an opt-out notice to info@remotehub.com (“Opt-Out Notice"). The Opt-Out Notice must be received no later than thirty (30) days after the date you accept the terms of this Agreement for the first time. If you are not a new user, you have until thirty (30) days after the posting of the new terms to submit an arbitration opt-out notice. To opt-out, you must email your name, address (including street address, city, state, and zip code), email address to which the opt-out applies, and an unaltered digital image of your valid driver’s license to info@remotehub.com. This procedure is the only way. You can Opt-Out of the Agreement to arbitrate. If you Opt-Out of the Agreement to arbitrate, all other parts of this Agreement and this Disputes Section will continue to apply to you. Opting out of this Agreement to arbitrate does not affect any previous, other, or future arbitration agreements that you may have with RemoteHub you waive certain rights. By agreeing to this agreement, you now irrevocably waive any right you may have (i) to a court trial (other than small claims court as provided above), (ii) to serve as a representative, as a private attorney general, or in any other representative capacity, or to participate as a member of a class of claimants, in any lawsuit, arbitration or other proceeding filed against Us and/ or related third parties, and (iii) to a trial by jury even if any arbitration is not required under this agreement. Statute of limitations for your claims. Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the site, services, or this agreement must be filed within one (1) year after such claim or cause of action arises, or it will be forever barred.
  7. Applicable Law. You and We agree that United States federal law, including the Federal Arbitration Act, and (to the extent not Inconsistent with or pre-empted by federal law) the laws of the State of New York, without regard to conflict of laws principles, will govern all Covered Dispute Matters. Such body of law will apply regardless of Your residence or the location of where You use the Services.

26. CLASS ACTION WAIVER

Any arbitration or action under these Terms will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN THEIR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, the arbitrator or judge may not consolidate more than one person's claims and may not otherwise preside over any form of a representative or class proceeding.

27. ENTIRE AGREEMENT

Unless otherwise specified herein, this agreement constitutes the entire agreement between You and Us with respect to the Services and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and us.

28. RELIANCE ON INFORMATION POSTED

Commentary and other materials posted on the Services is not intended to amount to advice on which reliance should be placed. We therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor of the Services, or by anyone who may be informed of any of its contents.

29. CHANGES TO TERMS

We reserve the right, in our sole discretion, to change the Terms under which the Services are offered. The most current version of the Terms will supersede all previous versions. We encourage you to periodically review the Terms to stay informed of our updates. We may alter or amend our Terms by giving you reasonable notice. By continuing to use the Services after expiry of the notice period or accepting the amended Terms (as We may decide at our sole discretion), you will be deemed to have accepted any amendment to these Terms.

30. RELATIONSHIP BETWEEN THE PARTIES

The parties are independent contractors and nothing in these Terms shall be construed as making either party the partner, joint venturer, agent, legal representative, employer, contractor, or employee of the other. Each Party has sole responsibility for its activities and its personnel and shall have no authority and shall not represent to any third party that it has the authority to bind or otherwise obligate the other party in any manner.

31. SEVERABILITY

If any term, clause or provision of these Terms is held invalid or unenforceable, then that term, clause or provision will be severable from these Terms and will not affect the validity or enforceability of any remaining part of that term, clause or provision, or any other term, clause or provision of these Terms.

32. FORCE MAJEURE

We shall be excused from performance under these Terms of Use, to the extent We are prevented or delayed from performing, in whole or in part, as a result of an event or series of events caused by or resulting from: (a) weather conditions or other elements of nature or acts of God; (b) acts of war, acts of terrorism, insurrection, riots, civil disorders, or rebellion; (c) quarantines or embargoes; (d) labor strikes; (e) error or disruption to major computer hardware or networks or software failures; or (g) other causes beyond the reasonable control of RemoteHub.

33. EXPORT CONTROLS

The Services originate in the United States and are subject to United States export laws and regulations. The Services may not be exported or re-exported by you to certain countries or those persons or entities prohibited from receiving exports from the United States. In addition, the Services may be subject to the import and export laws of other countries. You agree to comply with all United States and foreign laws related to use of the Services.

34. NOTICE TO iOS USERS

This Section only applies to the extent you are using our mobile application(s) on an iOS device. You acknowledge that these Terms are between You and RemoteHub Inc. only and not with Apple, Inc. (“Apple”), and Apple is not responsible for the Services and the content thereof. Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Platform. In the event of any failure of the Platform to conform to any applicable warranty, you may notify Apple and Apple will refund any applicable purchase price for the mobile application to you; and, to the maximum extent permitted by applicable law, Apple has no other warranty obligation whatsoever with respect to the Services. Apple is not responsible for addressing any claims by you or any third party relating to the Service or your possession and/or use of the Services, including: (i) product liability claims; (ii) any claim that the Service fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. Apple is not responsible for the investigation, defense, settlement and discharge of any third-party claim that the Services and/or your possession and use of the Services infringes third party’s intellectual property rights. You agree to comply with any applicable third-party terms when using the Services. Apple and Apple’s subsidiaries are third party beneficiaries of these Terms, and upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary of these Terms.

35. NOTICE TO CALIFORNIA RESIDENTS

If you are a California resident, under California Civil Code Section 1789.3, you may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone at (800) 952-5210 in order to resolve a complaint regarding the Services or to receive further information regarding use of the Platform.

36. MISCELLANEOUS

These Terms constitute the entire agreement between you and Us relating to your access to and use of the Services. When you purchase any services from RemoteHub, the Services are controlled and operated from within the United States. Without limiting anything else, We make no representation that the Platform, information or other materials available on, in, or through the Platform are applicable or available for use in other locations, and access to them from territories where they are illegal is prohibited. Those who choose to access our Platform from other locations do so on their own volition and are responsible for compliance with applicable laws. These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you without our prior written consent. The waiver or failure of RemoteHub to exercise in any respect any right provided hereunder shall not be deemed a waiver of such right in the future or a waiver of any of other rights established under these Terms. Headings used in these Terms are for reference only and shall not affect the interpretation of these Terms. No person or entity not party to this agreement will be deemed to be a third-party beneficiary of these Terms or any provision hereof. When used herein, the words “includes” and “including” and their syntactical variations shall be deemed followed by the words “without limitation.”

CONTACT US

We welcome your questions or comments regarding these Terms:

RemoteHub, Inc.