Terms of Use and Conditions


Updated: November 20, 2020


This Terms of Service (the “Terms”) describes the rights and responsibilities that apply to your use of FindRemote.Work’s websites (collectively, the “Service”), each owned and operated by K-Factor Technologies, Inc. (“FindRemote.Work”, “we”, “our” or “us”).

Please read the Terms carefully before using the Service. If you don’t agree to the Terms, as well as FindRemote.Work ’s Privacy Policy (the “Privacy Policy”) and FindRemote.Work ’s Community Guidelines (the “Community Guidelines for Designer News”), you may not use the Service. If you are entering into the Terms on behalf of a company or other legal entity, you represent that you have the authority to bind such entity to the Terms. If you do not have such authority, you must not accept the Terms or use the Service on behalf of such entity. The Service is only available to you if you have entered the age of majority in your jurisdiction of residence and are fully able and competent to enter into, abide by and comply with the Terms.


Your FindRemote.Work Account

If you create an account on the Service (your “Account”), you are responsible for maintaining the security of your Account and its Content (as defined below), and you are fully responsible for all activities that occur under your Account and any other actions taken on the Service. You must not describe or assign Content to your Account in a misleading or unlawful manner, including in a manner intended to trade on the name or reputation of others, and FindRemote.Work may change or remove any description or keyword that it considers inappropriate or unlawful, or otherwise likely to cause FindRemote.Work liability. You must immediately notify FindRemote.Work of any unauthorized uses of your Account or any other breaches of security. FindRemote.Work will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions.


Fees, Taxes and Renewals

  • There will be no refunds or credits for partial months of job postings. Postings recur on a monthly basis and the user is required to update the subscription on a monthly basis for each job post.
  • You take full responsibility for all taxes and fees of any nature associated with the Service, including any sales tax related to any purchase or sale of services or goods under the Terms. When purchasing or selling services or goods under the Terms, it is your responsibility to determine whether or not sales taxes apply to a transaction and to collect, report and remit the correct amounts to the appropriate authority.


Your Responsibilities

If you operate an Account, comment on a screenshot, post material to the Service, post links on the Service, or otherwise make (or allow any third party to make) material available by means of the Service (any such material, “Content”), you are entirely responsible for the content of, and any harm resulting from, that Content. That is the case regardless of whether the Content in question constitutes text or graphics. By making Content available, you represent and warrant that:

  • The downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party;
  • If your employer has rights to intellectual property you create, you have either (i) received permission from your employer to post or make available the Content, including but not limited to any software, or (ii) secured from your employer a waiver as to all rights in or to the Content;
  • you have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms;
  • The Content does not contain or install any viruses or other harmful or destructive content;
  • the Content is not spam, is not machine- or randomly-generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);
  • the Content is not obscene, libelous or defamatory, hateful or racially or ethnically objectionable, and does not violate the privacy or publicity rights of any third party;
  • your Account is not getting advertised via unwanted electronic messages such as spam links on newsgroups, email lists, other blogs and web sites, and similar unsolicited promotional methods;
  • Your Account is not named in a manner that misleads your readers into thinking that you are another person or company. For example, your Account’s URL or name is not the name of a person other than yourself or company other than your own; and
  • you have, in the case of Content that includes computer code, accurately categorized and/or described the type, nature, uses and effects of the materials, whether requested to do so by FindRemote.Work or otherwise.


Content

By uploading Content or otherwise providing Content to FindRemote.Work, you grant FindRemote.Work the right to use (including the right to host, index, cache and format) and display your Content in connection with providing the Service as well as otherwise on the Site and our marketing communications with you and other users and prospective users of the Service, including without limitation on our emails, marketing channels and other promotional materials (subject to the requirements set out in the Privacy Policy). To the extent we use your Content in our marketing communications, unless you expressly permit us to do otherwise, we will always cite you as the owner of such Content. This paragraph will survive the termination or expiry of the Terms.

FindRemote.Work reserves the right to refuse or remove any Content or terminate or deny access to your use of the Service for any reason whatsoever. Please read the Community Guidelines for rules and advice on what types of Content and uses of the Service are appropriate at FindRemote.Work

All Content uploaded is copyright © their respective owners.

If you delete Content, FindRemote.Work will use reasonable efforts to remove it from the Service, but you acknowledge that caching or references to the Content may not be made immediately unavailable.


Links to Third Party Websites and Content

FindRemote.Work has not reviewed, and does not review, the web sites linked to from its web site and is not responsible for the contents and claims of any such linked site. The inclusion of any link does not imply endorsement by FindRemote.Work of the site. Use of any such linked web site is at the user’s own risk.


Intellectual Property

All material available on the Service and all material and services provided by or through FindRemote.Work, its affiliates, subsidiaries, employees, agents, licensors or other commercial partners including, but not limited to, software, all informational text, software documentation, design of and “look and feel”, layout, photographs, graphics, audio, video, messages, interactive and instant messaging, design and functions, files, documents, images, or other materials, whether publicly posted or privately transmitted as well as all derivative works thereof (collectively, the “Materials”), are owned by us or our licensors or service providers, and are protected by copyright, trademark, trade secret and other intellectual property laws.

Subject to your compliance with the Terms, during the term of the Terms, FindRemote.Work grants to you a non-transferable, non-sublicensable, non-exclusive, revocable, limited-purpose right to access and use the Materials that we make available to you.

This paragraph does not apply to Content; You agree that any ideas, suggestions, concepts, processes or techniques which you provide to FindRemote.Work related to the Service or FindRemote.Work or its business (“Feedback”) are and will be FindRemote.Work’s exclusive property without any compensation or other consideration payable to you by FindRemote.Work, and you do so of your own free will and volition. FindRemote.Work may or may not, in its sole discretion, use or incorporate the Feedback in whatever form or derivative FindRemote.Work may decide into the Service or its business or other products. You hereby assign all rights on a worldwide basis in perpetuity to FindRemote.Work in any Feedback and, as applicable, waive any moral rights.


Suspending the Service or Access

If FindRemote.Work, in its sole discretion and without notice, considers that there is an immediate security or operational risk to the Service, any of its, your or a third party system, then FindRemote.Work may immediately suspend access to or use of the Service. The suspension of use and access is not a breach of the Terms. You acknowledge that the preservation of security, confidentiality and data is paramount. FindRemote.Work has no liability to you for suspending the Service under this provision.


Privacy and Data Use

For the purposes of the Terms and the Privacy Policy, “personal information” is any information about an identifiable individual, as defined in our Privacy Policy.

FindRemote.Work retains the right to use or share any Aggregated Data generated by anyone using the Service, including our users, for the purpose of enhancing and providing the Service. “Aggregated Data” means data that does not contain personal information and which has been manipulated or combined to provide generalized, anonymous information. Where you choose to utilize or connect certain services from third parties with the Service, you agree that FindRemote.Work may share your lead data with such designated third parties. You are still responsible for any and all personal information that is part of any Content.


Changes

FindRemote.Work reserves the right, at its sole discretion, to modify or replace any part of the Terms at anytime without notice. It is your responsibility to check the Terms periodically for changes. Your continued use of or access to the Service following the posting of any changes to the Terms constitutes acceptance of those changes. FindRemote.Work may also, in the future, offer new services and/or features through the Service (including, the release of new tools and resources). Such new features and/or services shall be subject to the Terms.


Disclaimer

The materials on FindRemote.Work’s web site are provided “as is”. FindRemote.Work makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, FindRemote.Work does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its web site or otherwise relating to such materials or on any sites linked to this site.


Limitation of Liability

You agree that FindRemote.Work or its owners, officers, directors, affiliates, contractors, employees or agents, be liable to you or any third party acting on your behalf for any indirect, incidental, special, consequential, punitive, or exemplary damages or damages for loss of profits, goodwill, use, data, or other intangible losses or the cost of any substitute equipment, facilities or services (even if FindRemote.Work has been advised of the possibility of such damages), arising from or relating to the Terms or your use of or your inability to use the Service, or for any damages arising from or related to the Terms. FindRemote.Work ’s total aggregate liability from any and all claims under the Terms is limited to the total amounts you paid to FindRemote.Work in the one (1) year immediately preceding the occurrence of loss or damage. To the extent any province, state or jurisdiction does not allow the exclusion or the limitation of liability for consequential or incidental damages, FindRemote.Work ’s liability in such province, state or jurisdiction will be limited to the furthest extent permitted by law. Notwithstanding the foregoing or anything else herein to the contrary, FindRemote.Work will not be liable to you or any third party acting on your behalf in any way with respect to a trial program or your provision of an individual’s personal information to FindRemote.Work or through the Service. You further agree that the foregoing limitations will apply with respect to third party liability of any kind.

The foregoing limitations will also apply with respect to any damages incurred by reason of any content or services provided on any third party sites or otherwise provided by any third parties other than FindRemote.Work and received by you through or advertised on the Service or received by you on any third party sites. You also agree that FindRemote.Work will not be responsible or liable for any loss or damage of any kind incurred as the result of any interactions or dealings with advertisers or as the result of the presence of such advertisers on the Service.


Misc

You represent and warrant that (i) your use of the Service will be in strict accordance with the Terms, the Privacy Policy, the Community Guidelines and all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the Canada or the country in which you reside) and (ii) your use of the Service will not infringe or misappropriate the intellectual property rights of any third party.


Indemnification

You agree to indemnify, defend, and hold harmless FindRemote.Work , and its subsidiaries, affiliates, co-branders, all third-party advertisers, technology providers, service providers or other partners, and each of their respective officers, directors, agents, shareholders, employees and representatives (together, the “Indemnified Parties”), from and against any third party claim, demand, loss, damage, cost, or liability (including, reasonable attorneys’ fees) (collectively and individually, “Claims”) incurred by or made against the Indemnified Parties in connection with any Claims arising out of or relating to the Terms, the Service, including but without limitation in relation to: (a) your use, non-use or misuse of, or connection to the Service and any Content; (b) your violation or alleged violation of the Terms; and (c) your violation of any rights, including intellectual property rights, of a third party and otherwise as set out herein. FindRemote.Work reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify FindRemote.Work and you agree to cooperate with FindRemote.Work ’s defense of these Claims. You agree not to settle any matter without the prior written consent of FindRemote.Work. FindRemote.Work will use reasonable efforts to notify you of any such Claims upon becoming aware of it.


Governing Law

Any claim relating to FindRemote.Work’s web site shall be governed by the laws of the State of Utah without regard to its conflict of law provisions.

If any portion of the Terms is deemed unlawful, void or unenforceable by any arbitrator or court of competent jurisdiction, the Terms as a whole will not be deemed unlawful, void or unenforceable, but only that portion of the Terms that is unlawful, void or unenforceable will be stricken from the Terms.

You agree that the Terms are specifically enforceable by FindRemote.Work through injunctive relief and other equitable remedies without proof of monetary damages.

The Terms are the entire agreement between us related to the subject matter in the Terms. The Terms replace and supersede any other prior or contemporaneous agreement, representation or discussion, oral or written, and may not be changed except in writing signed by us, regardless of whether or not the parties act under an unsigned “electronic” agreement or rely on such an unsigned agreement.