REMOTE RECRUIT TERMS OF USE

EFFECTIVE DATE:  1 January, 2024

Introduction.

Background. Remote Recruit.com, Inc. (“Remote Recruit,” “us,” or “we”) provides the Platform, as defined below, to individuals who are searching for a position (a “Job Seeker”) and individuals and entities who are looking for Job Seekers to hire for a job (an “Employer”), as more specifically outlined in these Terms.  A “User” means any individual or entity who accesses or uses the Platform, and includes a Job Seeker or Employer.  These Terms of Use (the “Terms”) are a legally binding agreement between you (hereinafter, “you” or “your”) and Remote Recruit and governs your use of and access to remoterecruit.com and the services specifically offered by us on that website (collectively, the “Platform”). You agree that you have read and understand our Privacy Policy which incorporated herein by reference.           

Acceptance. By using or accessing the Platform, you acknowledge that you have read and understand these Terms and are accepting and agreeing to be bound by: (a) these Terms; (b) the mandatory arbitration provision, set forth in Section 13; and (c) the waiver of a right to class actions, set forth in Section 13.  If you are using and/or accessing the Platform on behalf of an entity, you represent and warrant that you have the legal authority to bind that entity, your acceptance of the Terms is deemed an acceptance by that entity, and “you” and “your” will refer to that entity.  

Changes to these Terms. We may revise the Terms from time to time in our sole discretion. We will notify you in advance of material changes to these Terms by posting the revised terms on the Platform and/or by emailing you if you are a registered User. All revised Terms are effective when we publish the revised Terms on the Platform, or the effective date as stated in the notice, if applicable. Your continued use of the Platform following the effective date of the revised Terms means that you accept and agree to the modified Terms. We expect that you will check this page from time to time so that you are aware of any changes as they are binding on you. If you do not agree to any of the provisions contained in the Terms, then you may not access or use (or continue to access or use) the Platform.

The Platform Generally; Accessing the Platform. 

The Platform. Remote Recruit provides the Platform to connect Job Seekers and Employers. Many of the features available on the Platform are provided by us at no charge to Job Seekers or Employers. For example, Job Seekers may post their resume or other information on the Platform and Employers may post positions for which they are looking to fill. By accessing and using the Platform, you understand that: (i) we solely provide the Platform to connect Job Seekers and Employers; (ii) we exercise no control or ownership over User Content, as defined below, and specifically disclaim the accuracy, completeness, or legality of such content; and (iii) we exercise no control over the integrity, conduct, responsibility of Users. If you are involved in a dispute or disagreement with another User (including a dispute between a Job Seeker and an Employer), any such dispute must be resolved exclusively between you and the other User. We disclaim any liability or responsibility for disputes between Users and will not assist or be involved in any such dispute unless as specifically set forth in these Terms. 

Eligibility. 

To access or use the Platform, you must be 18 years of age or the age of majority in the jurisdiction in which you reside, as you are forming a binding contract with Remote Recruit. You may not use the Platform if we previously terminated or suspended your access to the Platform and such access has not be reinstated. 

The owner of the Platform is based in the United States.  We make no claims that the Platform or any of its content is accessible, appropriate, or lawful outside of the United States. If you access the Platform from outside the United States, you do so at your own risk and are responsible for compliance with all local laws.

Accessing the Platform and Account Security. 

To access the Platform, you will need to provide certain information to register for an account. You represent and warrant that the information you provide when registering your account and/or updating your account is accurate and complete. You agree that all information you provide to register for the Platform or otherwise, including but not limited to information provided through the use of any interactive features on the Platform, is governed by our Privacy Policy and you consent to all actions that we may take with respect to your information, as set forth in the Privacy Policy. 

You are solely responsible for any activity that takes place under your account. Your account information is personal to you; you agree to keep your login credentials (or any other information related to our security procedures) confidential and you may not disclose any such information to any third party or allow any third party to access the Platform through your account. You agree to notify us immediately if there is any unauthorized access to your account or any other breach of account security. You further agree to sign out of your account at the end of each session and that you will exercise caution when accessing your account from a public or shared computer so that third parties are not able to ascertain your login credentials. 

We may, in our sole and absolute discretion, disable or terminate your account for any or no reason. You agree that we have no liability whatsoever for disabling or terminating your account, including liability for any lost data or content because of such disablement or termination. Upon termination, all provisions of these Terms will survive except for the provisions that grant you access to the Platform.

Contact via Email. By providing your email address, you consent to us sending you Platform-related emails as well as other emails that are not commercial in nature (i.e., notices required by law). You may opt out of Platform-related email communications at any time by clicking the “unsubscribe” option at the bottom of any email from us. 

Updates to or Unavailability of the Platform. We may update the Platform or its content from time to time. At any given time, the Platform and its contents may not be up to date, and we are under no obligation to update the Platform or its contents. We also reserve the right to disable the Platform in our sole discretion without notice. You agree that we have no liability whatsoever for any unavailability of the Platform. 

User Content. 

Generally. The Platform allows Users to User Content. Premium Employers will have access to additional features. The Platform also allows Users to directly message each other; engage in discussions on group message boards; and conduct “virtual interviews”, among other interactive features. “User Content” means any data, material, or content that a User posts, publishes, messages, transmits, makes available, displays on the Platform, or otherwise provides to us or other Users. Examples of User Data that may be posted on the Platform include resumes and video submissions (for Job Seekers) and job postings (for Employers). If you post User Content, it must comply with the Platform Rules set forth in Section 4 below. 

User Content Disclaimer. We have no responsibility or liability for User Content. User Content may be false, misleading, or incomplete. You agree that we have no obligation or liability with respect to publishing, monitoring, or removing User Content. The User who posts User Content is solely responsibility for any such content, including any consequences of publishing such content on the Platform. 

Monitoring and Enforcement. We reserve the right, in our sole discretion, to: 

monitor and screen User Content; 

remove or refuse to publish any User Content for any reason or no reason; 

take any action (including legal action and referrals to law enforcement, if applicable) with respect to any User Content that we deem necessary or appropriate;

disclose a User’s identity or other information about a User to any third party who claims that User Content violates their rights; or 

terminate or suspend a User’s access to the Platform for any or no reason. 

Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or a court order requesting or directing us to disclose the identity or any other information of a User posting User Content. YOU HEREBY WAIVE AND HOLD HARMLESS REMOTE RECRUIT FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY REMOTE RECRUIT PURSUANT TO THIS SECTION 3.

The U.S. Communications Decency Act. Under Section 230(1) of the U.S. Communications Decency Act, “No provider or user of an interactive computer service shall be treated as the publisher or speaker of any information provided by another information content provider.” Additionally, under Section 230(2), “No provider or user of an interactive computer service shall be held liable on account of: (A) any action voluntarily taken in good faith to restrict access to or availability of material that the provider or user considers to be obscene, lewd, lascivious, filthy, excessively violent, harassing, or otherwise objectionable, whether or not such material is constitutionally protected; or (B) any action taken to enable or make available to information content providers or others the technical means to restrict access to material described in Section 230(1).”

License to User Content. You agree that any User Content that you post is not confidential or proprietary. By providing User Content, you grant us a nonexclusive, worldwide, perpetual, fully paid, royalty-free, transferable, sublicensable right to use, reproduce, modify, perform, display, distribute, prepare derivative works from, and otherwise disclose to third parties any such content. If you post User Content, you represent and warrant that: (i) you own or control all rights in and to the User Content and have the right to grant the license granted herein; and (ii) such User Content will comply with these Terms.  

Platform Rules. 

You may only access and use the Platform in accordance with these Terms and in compliance with all applicable federal, state, local, or international laws or regulations. 

Generally Prohibited Conduct. You are strictly prohibited from, directly or indirectly, engaging in the following behavior: 

using the Platform in any manner that could disable, overburden, damage, harm, compromise, disrupt, impede, or impair the Platform; 

interfering with any User’s access or use of the Platform; 

using any process to monitor or copy any material on the Platform, or using an automatic device, including a robot, spider, or similar process to access the Platform;

attempting to gain unauthorized access to any parts of the Platform or any server or database used to operate the Platform; 

using the Platform for any commercial communications, including, but not limited to, transmitting any advertising or promotional material, including any junk mail, chain letter, spam, or similar solicitations; 

reverse engineering, modifying, adapting, reformatting, or decompiling any parts of the Platform;

engaging in deceptive, false, or fictitious conduct; 

harming anyone or violating the rights of anyone, including the right of publicity, right of privacy, or intellectual property rights;

promoting or encouraging illegal or unlawful activity; or

gaining unauthorized access to personally identifiable information. 

Prohibited User Content. The standards set forth below are intended to demonstrate prohibited User Content but this list is not exhaustive. User Content may not: 

contain any material which is unlawful, defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable; 

promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age; 

contain proprietary information, including trade secrets, confidential information, or the intellectual property of a third party; 

be harmful to anyone (including minors); or

include identification information (e.g., passport information, driver’s license information, social security numbers, etc.). 

Linking to and from the Platform. 

Linking to the Platform. You may link to the Platform’s homepage, provided that you do so in a way that is fair and legal, and does not damage our reputation or take advantage of it. You may not link to our Platform that suggests any form of association, approval, or endorsement by us.   

Linking from the Platform. If the Platform contains links to any other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in User Content, advertisements (including banner advertisements) and sponsored links. We have no control over the content of those sites or resources, and disclaim all responsibility and liability for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third party websites linked in the Platform, you do so at your own risk and subject to any terms and conditions of use for those sites. 

Intellectual Property Rights. 

Proprietary Rights. These Terms provide a limited license for you to access the Platform in accordance with these Terms. We do not transfer to you or any third party any ownership or intellectual property right in the Platform, including software, source code, programs, products, documentation, graphics, user interfaces, visual interfaces, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, information, text, displays, images, video and audio, and the design, selection and arrangement thereof, or content. The Remote Recruit name, logo, trademarks, and all related names, logos, product or service names, designs, slogans, are our trademarks. You may not use such marks without our prior written consent. All other names, logos, product and service names, designs, and slogans on the Platform, if applicable, are the trademarks of their respective owners. The Platform and its entire contents, features, functionality are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property laws. 

Except as specifically provided under these Terms, nothing herein creates a license in or to our intellectual property rights. You agree that you will not sell, license, rent, modify, distribute, copy, reproduce, display, edit, or create derivative works from any materials or content accessible on the Platform. 

Feedback. If you provide us with suggestions, comments, or ideas about the Platform ( “Feedback”), you agree that we own any such Feedback and we may use the Feedback in any manner and without limitation, attribution, or compensation in any form. 

Terms Specific to Employers. 

Premium Employer Features. While many of the Platform’s features are available for free, there are certain premium services available to Employers for a fee, such as our “Virtual Interview” feature, AI assessments and grades of Job Seeker videos, premium placement of Employer job posts, and other features to more effectively sort through and rank Job Seeker Job Seekers  (“Premium Employer Features”). Premium Employer Features are offered on a month-to-month term. Unless and until terminated in accordance with this Section 6, your subscription will automatically renew upon the conclusion of each monthly term for successive terms of the same duration. You may terminate your Premium Employer account at any time by emailing us at te**@re***********.com . Upon notification of termination, your Premium Employer Features will terminate at the completion of the billing cycle in which you gave notice of termination. Remote Recruit may terminate your subscription with 30 days’ notice by email, in its sole discretion. 

Payment. If you are an Employer and choose to purchase Premium Employer Features, you agree to pay the initial fee and recurring monthly fee at the then-current subscription rate set forth on the Platform monthly in advance. Subscription fees are non-refundable in any case, and you accept responsibility for all recurring charges until the effective date of cancellation of your Premium Employer Features.  

We do not collect or store your payment information directly. We use a third party payment processor to collect fees due for Premium Employer Features, such as Stripe, Inc. for credit card payments or other third-party payment platforms such as Apple Pay or PayPal  (in each case, the “Payment Processor”). You agree that any such payments are subject to the terms, conditions, and privacy policies of the applicable Payment Processor. You must have a valid payment method on file when using Premium Employer Features. We reserve the right to correct, (or to instruct our Payment Processor to correct), any errors or mistakes in payment, even if the payment has already been requested or received. 

We reserve the right to modify our fees for Premium Employer Features from time to time. If we do so, we will provide at least 30 days’ notice of upcoming changes via email. New pricing will take effect beginning with your next billing cycle following the completion of the notice period described above. If your payment method cannot be verified, is invalid, or is otherwise not acceptable, your Premium Employer Features may be suspended or canceled at the conclusion of the current billing cycle.

No Employment Relationship with RemoteRecruit. Employers are solely responsible for any job postings on the Platform. Remote Recruit is not deemed an employer with respect to your use of the Platform. We disclaim any responsibility or liability for any employment decisions or conduct made by any User posting jobs on the Platform. Employers must comply with all employment-related laws and requirements, including those related to payroll, tax withholding, and other requirements, for Job Seekers that they hire. 

Terms Specific to Job Seekers. 

As a Job Seeker, you may use the Platform to: (A) search for jobs; (B) apply for jobs; (C) include your resume, CV, or similar information (collectively, “Qualifications”) in our Job Seeker database; and (D) sign up to receive alerts when a particular job is posted. You understand that any User Content, which includes Qualifications, may be available to other Users on the Platform. You consent to our sharing your Qualifications, and you give us a perpetual, irrevocable, royalty-free, worldwide license, and right to sublicense, in your Qualifications to share or otherwise use such Qualifications as required to provide the services available on the Platform. More information about the how we treat the information you share can be found in the Privacy Policy. 

Claims of Infringing Content. 

We will respond to alleged infringement notices that comply with the requirements of the Digital Millennium Copyright Act of 1998. If you believe in good faith that content hosted on the Platform infringes on your copyright or trademark, please contact us at te**@re***********.com . 

Indemnification. 

You agree to defend, indemnify, and hold harmless Remote Recruit, its affiliates, its officers, directors, employees, contractors, agents, licensors, service providers, successors and assigns, from and against all claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your use of the Platform, including any User Content you post, or breach of these Terms. 

Disclaimer. 

You understand and agree that we do not guarantee or warrant that the content available on the Platform will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and for maintaining an external mechanism from the Platform to reconstruct any lost data or content. WE DISCLAIM ALL LIABILITY FOR ANY LOSS OR DAMAGE CAUSED BY YOUR USE OF THE PLATFORM, INCLUDING DAMAGE CAUSED BY A DENIAL-OF-SERVICE ATTACK, VIRUS, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER SYSTEM, PROGRAM, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE PLATFORM OR ANY DATA OR CONTENT YOU OBTAIN FROM THE PLATFORM. 

YOUR USE OF THE PLATFORM, ITS CONTENT AND ANY ITEMS OR SERVICES OBTAINED THROUGH THE PLATFORM IS AT YOUR OWN RISK. THE PLATFORM IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER REMOTE RECRUIT NOR ANY PARTY ASSOCIATED WITH REMOTE RECRUIT MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE PLATFORM. WITHOUT LIMITING THE FOREGOING, NEITHER REMOTE RECRUIT NOR ANY PARTY ASSOCIATED WITH REMOTE RECRUIT REPRESENTS OR WARRANTS THAT THE PLATFORM, ITS CONTENTS, OR ANY SERVICES OR ITEMS OBTAINED FROM THE PLATFORM WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE PLATFORM OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE PLATFORM OR ANY SERVICES OR ITEMS OBTAINED FROM THE PLATFORM WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

WE HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OR MERCHANTIBILITY, NON-INFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. 

Limitation of Liability. 

IN NO EVENT WILL REMOTE RECRUIT, OUR AFFILIATES, OUR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE PLATFORM, ANY CONTENT AVAILABLE VIA THE PLATFORM, OR ANY WEBSITES LINKED TO THE PLATFORM, ANY CONTENT ON THE PLATFORM, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT, NEGLIGENCE, BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE. THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. 

Class Action Waiver; Agreement to Arbitrate. 

If you have a dispute or claim against us, you are required to submit such dispute or claim on an individual basis (and not as a plaintiff or class member in any class action proceeding). You agree that any and all disputes or claims that have arisen or may arise between you and Remote Recruit, whether relating to the Platform, these Terms, or otherwise, shall be resolved exclusively through final and binding arbitration under the Rules of Arbitration of the American Arbitration Association, applying the law of the State of Virginia. 

Miscellaneous. 

Comments and Concerns. The Platform is operated by RemoteRecruit.com, Inc. Unless otherwise set forth above, all feedback, comments, requests for technical support and other communications regarding the Platform should be directed to te**@re***********.com .

Governing Law and Jurisdiction. All matters relating to the Platform and these Terms, including any dispute or claim arising therefrom or related thereto shall be governed by and construed in accordance with the internal laws of the State of Virginia without giving effect to any choice or conflict of law provision or rule (whether of the State of Virginia or any other jurisdiction). Any suit, action, or proceeding based on any matter arising out of or in connection with, these Terms or the transactions contemplated hereby, must be brought in the federal courts of the United States of America or the courts of Virginia. Each of the parties hereby irrevocably consents to the jurisdiction of such courts (and of the appropriate appellate courts therefrom) in any such suit, action, or proceeding.

Assignment. These Terms are personal to you. Accordingly, you may not assign, transfer, or delegate any of your rights or obligations under these Terms without our prior written consent. 

Relationship of the Parties. Nothing in these Terms may be construed as making either party the partner, joint venturer, employer, employee, contractor, or agent of the other. Neither party may hold itself out to any third party as having any authority to make any statements, representations, or commitments of any kind on behalf of the other party. 

Waiver and Severability. No waiver by Remote Recruit of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Remote Recruit to assert a right or provision under these Terms is not a waiver of such right or provision. If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable, then such provision will be eliminated or limited to the minimum extent such that the remaining provisions of these Terms will continue in full force and effect.  

Entire Agreement. These Terms and our Privacy Policy constitute the entire agreement between you and Remote Recruit with respect to the subject matter hereof and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to the Platform. Any reference herein to “including” means “including without limitation.”