Terms & Conditions
Last Updated: August 12, 2020
This website and mobile application is operated by RemoteHub.com (hereinafter “RemoteHub”). These terms and conditions (“Terms”) govern your access to the RemoteHub website https://www.remotehub.com and the RemoteHub Mobile Application (collectively, the “Platform”).
Your access to and use of the Platform is expressly conditioned on your compliance with these Terms. 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.
The term “you” or “User” shall refer to any person or entity who views, uses, accesses, browses or submits any content or material to the Platform. The terms “we,” “our” or “us” shall refer to RemoteHub.
The Platform is offered to you conditioned on your acceptance without modification of Terms contained herein. Your use of the Platform 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 AND/OR CREATING AN ACCOUNT ON THE PLATFORM, CONSUMMATING A FINANCIAL TRANSACTION VIA THE PLATFORM OR COMMUNICATING WITH USERS THROUGH THE PLATFORM, 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 PLATFORM.
USE OF OUR PLATFORM
The Platform 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 Platform and seeks Providers to perform a Project. A “Provider” shall mean a User who is registered with the Platform 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 Platform is unavailable at any time or for any period. We may make some parts of our Platform 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.
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 “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” (“Company”), 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.
- 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.
- Account Information
You agree to provide current, complete and accurate information for your account. You agree to promptly update your account and other information, including your email and phone number, so that we can complete your transactions and contact you as needed. We reserve the right to suspend or restrict access to the Platform 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.
- Account Access and Security
You are responsible for maintaining the confidentiality of your account and password for restricting access to your computer or mobile device, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your User 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.
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.
DISPUTES AMONG CLIENTS AND PROVIDERS
For disputes between Client and Providers, you agree to resolve the dispute through discussions on the Platform. If you cannot reach into 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.
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 have no involvement 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.
PAYMENT TERMS AND ESCROW SERVICES
- Escrow Services
RemoteHub provides escrow services for Users to deliver, hold, and/or receive payment for a Project (“RemoteHub Escrow”). RemoteHub 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.
- Payment Agreements.
You acknowledge and agree that RemoteHub Escrow acts merely as an internet escrow agent. If you authorize or instruct RemoteHub Escrow to release funds from the Escrow Account associated with you, RemoteHub may release the whole or part of the funds, in reliance of Provider’s authorization, or pay the funds to Client as may be applicable.
- Escrow Accounts.
After entering into a service contract, RemoteHub 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. RemoteHub 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 RemoteHub 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.
PAYMENT OF SERVICE CONTRACTS
Provider will invoice the Client through the Platform, and the Client will pay invoices consisted 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 RemoteHub 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.
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.
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.
Additionally, you may use any balance in your account which has not been withdrawn from funds deposited for Projects as a Provider in order to pay for a Project as a Client.
A 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 Platform, including Client’s authority to use the Platform to process any additional payments, enter into service contracts, or obtain any additional Provider services from other Users through the Platform. However, Client will remain responsible for any amounts that accrue on any open Projects at the time a limitation is put on the Client’s Account as a result of the default.
In order to become a usability 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.
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.
ACCESS TO THE PLATFORM
We shall use commercially reasonable efforts to ensure the availability of the Platform, 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 service provider, 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.
PROHIBITED USESUse of the Platform is limited to the permitted uses expressly authorized by us. The Platform shall not be used in any way that:
- Harasses, abuses, stalks, threatens, defames, or otherwise infringes or violates the rights of any other party (including but not limited to rights of publicity or other proprietary rights)
- is unlawful, fraudulent, or deceptive;
- uses technology or other means to access unauthorized content or non-public spaces;
- uses or launches any automated system or process, including without limitation, "bots," "spiders," or "crawlers," to access unauthorized content or non-public spaces;
- attempts 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;
- attempts to damage, disable, overburden, or impair our servers or networks;
- attempts to gain unauthorized access to a RemoteHub’ computer network;
- attempts to gain unauthorized access to RemoteHub’ user accounts;
- uses false or inaccurate RemoteHub’ user accounts;
- encourages conduct that would constitute a criminal offense, or that gives rise to civil liability;
- violates these Terms in any manner; or
- fails to comply with applicable third-party terms and conditions or other third-party policies.
INTERACTIONS WITH OTHER USERS
We cannot and do not verify the identity of Users of the Platform 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 Platform. 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 Platform. You are solely responsible for your interactions with other Users of the Platform. Please note that there are risks that may arise when dealing with strangers, including persons who may be acting under false pretenses. Please choose carefully the information you post and that you give to other Users of the Platform. You are discouraged from publicly posting your telephone number or street address on the Platform. Information posted to the Platform by other Users may be offensive, harmful or inaccurate, and in some cases, may be mislabeled or deceptively labeled. You assume all risks associated with dealing with other Users with whom you come in contact through the Platform.
USE OF MESSAGING SERVICES
The Platform may contain bulletin board services, chat, private chat, messaging, forums, and/or other message or communication facilities designed to enable you to communicate with other Users (collectively, "Messaging Services"), you agree to use the Messaging Services only to post, send and receive messages and material that are proper and related to the Platform. By way of example, and not as a limitation, you agree that when using a Messaging Service, you will not:
- defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others;
- publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information;
- 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;
- upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer;
- conduct or forward surveys, contests, pyramid schemes or chain letters;
- download any file posted by another user of a Messaging Service that you know, or reasonably should know, cannot be legally distributed in such manner;
- 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,
- restrict or inhibit any other user from using and enjoying the Messaging Services;
- harvest or otherwise collect information about others, including e-mail addresses, without their consent;
- violate any applicable laws or regulations.
We have no obligation to monitor the Messaging Services. However, we reserve the right to review materials posted to a Messaging Service and to remove any materials in our sole discretion. We reserve the right to access, monitor, review and read any Messaging Services as reasonably necessary to perform the Services, including without limitation to enforce these Terms and to monitor your conduct and misuse. We reserve the right to terminate your access to any or all of the Messaging Services at any time without notice for any reason whatsoever.
INTELLECTUAL PROPERTY RIGHTS
You are granted a non-exclusive, non-transferable, revocable license to access and use the Platform strictly in accordance with these Terms. As a condition of your use of the Platform, 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 Platform. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Platform.
All content included as part of the Platform, such as text, graphics, logos, images, videos, as well as the compilation thereof, and any software used on the Platform, 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.
You can submit questions, comments, suggestions, ideas, original or creative materials or other information about RemoteHub, or the Platform or the services provided through the Platform (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.
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 the control of RemoteHub 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 endorsement by RemoteHub of the services or any association with its operators. Certain services made available through the Platform are delivered by third parties and organizations. 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.
LIMITATIONS OF LIABILITY
By using the Platform, you agree that RemoteHub and each of their respective parents, affiliates, subsidiaries, franchisees, representatives, consultants, contractors, legal counsel, advertising, public relations, promotional, fulfillment and marketing agencies, website providers, web masters, and their respective officers, directors, employees, representatives and agents (the "Released Parties") will not be responsible for any incorrect or inaccurate information, whether caused by you or by any of the equipment or programming associated with or utilized to access the Platform; technical failures of any kind, including, but not limited to malfunctions, interruptions, or disconnections in network hardware or software or technical or human error.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL REMOTEHUB OR ANY OF THE RELEASED PARTIES BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, LOSS OF REVENUE, INCOME OR PROFITS) ARISING OUT OF OR IN ANY WAY RELATED TO THE ACCESS OR USE OF THE PLATFORM OR THE USE OF ANY SERVICES PROVIDED BY REMOTEHUB OR OTHERWISE RELATED TO THESE TERMS, REGARDLESS OF THE FORM OF ACTION, WHETHER BASED IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, SIMPLE NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), 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). TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE MAXIMUM AGGREGATE LIABILITY OF REMOTEHUB ARISING OUT OF OR IN ANY WAY RELATED TO THESE TERMS, THE ACCESS TO AND USE OF THE PLATFORM EXCEED THE AMOUNT PAID BY YOU FOR THE SERVICES PROVIDED BY REMOTEHUB, IF ANY.
YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS REMOTEHUB, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND THIRD PARTIES, FOR ANY LOSSES, COSTS, LIABILITIES AND EXPENSES (INCLUDING REASONABLE ATTORNEY'S FEES AND COSTS) RELATING TO OR ARISING OUT OF YOUR USE OF OR INABILITY TO USE THE PLATFORM, 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.
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.
EXCEPT AS EXPRESSLY PROVIDED TO THE CONTRARY IN WRITING BY REMOTEHUB, THE PLATFORM AND THE INFORMATION CONTAINED ON THE PLATFORM 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 PLATFORM AND INFORMATION CONTAINED THEREIN. REMOTEHUB MAKES NO WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO ANY THIRD-PARTY PRODUCTS, AND EXPRESSLY DISCLAIMS ANY WARRANTY OR CONDITION OF MERCHANTABILITY, NON-INFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE.
Reference to any products, services, processes or other information by trade name, trademark, manufacturer, supplier, vendor or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof, or any affiliation therewith, by us. Some jurisdictions do not allow the disclaimer of implied terms in contracts with consumers, so some or all of the disclaimers in this section may not apply to you.
RELIANCE ON INFORMATION POSTED
Commentary and other materials posted on the Platform are 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 Platform, or by anyone who may be informed of any of its contents.
TERMINATION OR MODIFICATION OF SERVICE
We reserve the right to refuse registration, to suspend, block, prevent access to, cancel, or otherwise terminate your right to use the Platform at any time, with or without cause, in our sole discretion and without prior notice to you. We may refuse to accept or may cancel any registration, whether or not the registration has been confirmed, for any or no reason, and without liability to you or anyone else. We also reserve the right to limit or prohibit all activity, including accounts that, in our sole judgment, appear to be malicious or unlawful. All provisions of these Terms, which by their nature should survive termination, shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on the Platform that contains 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.
REMOTEHUB DOES NOT REPRESENT, WARRANT OR OTHERWISE ENDORSE THAT THE PLATFORM OR ANY CONTENT OR INFORMATION THAT IS AVAILABLE, ADVERTISED OR SOLD THROUGH THE PLATFORM ARE ACCURATE, COMPLETE, AVAILABLE, CURRENT, OR THAT THE RESULTS OF USING THE PLATFORM WILL MEET YOUR REQUIREMENTS. WE RESERVE THE RIGHT TO CORRECT ANY ERRORS OR OMISSIONS IN THE PLATFORM.
Using the Platform or sending emails to us constitutes electronic communications. You consent to receive electronic communications 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.
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 SECTION. 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.
You and RemoteHub agree that 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 Platform 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 regards 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.
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.
JURISDICTION AND APPLICABLE LAW
If for any reason, a dispute proceeds in court, you irrevocably consent to the exclusive jurisdiction of the state and/or federal courts in the State of New York for purposes of any legal action arising out of or related to the use of the Platform or these Terms. To the maximum extent permitted by law, this agreement is governed by the laws of the State of New York, United States of America, without regard to New York conflict of laws rules. Use of the Platform is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.
Unless otherwise specified herein, this agreement constitutes the entire agreement between you and us with respect to the Platform and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and us.
CHANGES TO TERMS
We reserve the right, in our sole discretion, to change the Terms under which the Platform is 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 Platform 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.
RELATIONSHIP BETWEEN THE PARTIES
RemoteHub is an independent contractor 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.
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.
We shall be excused from performance under these Terms, 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.
These Terms constitute the entire agreement between you and us relating to your access to and use of the Platform. Without limiting anything else, we make no representation that the Platform, information or other materials available on, in, or through the Platform are appropriate 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.”
We welcome your questions or comments regarding these Terms: