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”).
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.
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:
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.