TERMS OF SERVICE
Last Updated: July 8, 2014
Your use of the Remotus service (the “Service”), through the remotus.com website (the “Site”), is subject to these Terms of Service (these “Terms of Service”). By using the Service, you agree to be bound by, and use the Service in compliance with, these Terms of Service. IF YOU DO NOT AGREE TO THESE TERMS OF SERVICE, DO NOT USE THE SERVICE.
The terms "you," "your," and "yours" refer to you, the user of the Service. The term “Prospective Employee” refer to users of the Service who are seeking employment opportunities through the Service. The term “Employer” refers to a company that is interested in hiring Prospective Employees. The terms "Remotus," "we," "us," and "our" refer to Chanoma Inc.
We may periodically make changes to these Terms of Service. It is your responsibility to review the most recent version of these Terms of Service frequently and remain informed of any changes to it. You agree that your continued use of the Service after such changes have been published to shall constitute your acceptance of such revised Terms of Service.
We provide Prospective Employees an opportunity to find and connect with Employers. Any agreements created between an Employer and a Prospective Employee are not binding on us. We are not liable for, or obligated to enforce, any agreements between an Employer and a Prospective Employee. You will not consider Remotus, nor will Remotus be construed as, a party to such transactions, whether or not Remotus receives some form of remuneration in connection with the transaction, and Remotus will not be liable for any costs or damages arising out of or related to such transaction.
In registering for an account on the Site, you agree to (1) provide true, accurate, current, and complete information about yourself as prompted by the Services’ registration form (“Registration Data”), and (2) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. You are responsible for all activities that occur under your account. If you provide any Content that is untrue, inaccurate, not current, or incomplete, or Remotus has reasonable grounds to suspect that such Content is untrue, inaccurate, not current or incomplete, Remotus has the right to suspend or terminate your account and refuse any and all current or future use of the Service. You agree not to create an account using a false identity or information, or on behalf of someone other than yourself. You agree that you shall not have more than one account. You agree not to create an account or use the Service if you have been previously removed by Remotus, or if you have been previously banned from the Service.
For Prospective Employees
In order to use the Service as a Prospective Employee you must register and create a profile. The use of the the Service is free for Prospective Employees. When registering with us, we may require you to provide us information such as your name, e-mail address, employment history, work experience and skill set. Furthermore, you agree to provide us with any other identifying documents that we may request. We may also allow you to use a third party service such as Facebook, Github, LinkedIn or Twitter to register. We will review the information that you provide to us during the registration process and we may also review any other information about you that is publicly available. We reserve the right, in our sole discretion, to accept or reject your registration to use the Service. If your registration is accepted, you will be allowed to use our Service. It is your responsibility to comply with any laws, such as immigration or other laws, that may be applicable to you.
Remotus is free for Prospective Employees. A Prospective Employee is required to promptly notify Remotus if the Prospective Employee (a) accepts an offer of employment (an “Employment Offer”), whether for an indefinite or fixed term, (b) accepts an offer of employment as a contractor or consultant (a “Consulting Offer”), whether for an indefinite or fixed term (each, a “Consulting Engagement”), (c) accepts an Employment Offer or a Consulting Engagement during or within twelve (12) months after termination of an Internship of any duration, with (1) an Employer who was identified by the Prospective Employee through the use of our Site or Service or (2) from an Employer who identified the Prospective Employee through the use of our Site or Service; or (d) accepts an Employment Offer made by an Employer during or within twelve (12) months after termination of a Consulting Engagement with such Employer (each, a “Covered Offer”). For the purposes hereof, an Internship shall refer to an opportunity for a Prospective Employee to work, as an intern or pursuant to a co-op arrangement, for an Employer for a fixed period of time to assess job skills and shall only apply to Prospective Employees that are enrolled in college or graduate school, or who have graduated from college or graduate school in the past 6 months.
If you are a Prospective Employee who is using our Service, you agree that (1) if you receive a Covered Offer, you shall promptly notify Remotus of your start date of employment (the “Start Date”) and the key terms of such Covered Offer (and notify Remotus promptly should that Start Date or offer terms change at any time), (2) you shall provide Remotus with (a) a copy of a fully executed Covered Offer, or (b) execute a document between Employer, Remotus and Prospective Employee that states material employment terms, including, among other things, Start Date and compensation, promptly upon the signing of a Covered Employment offer letter between you and such Prospective Employee (the “Effective Date”), as requested by Remotus, and (3) you will promptly notify Remotus after termination of your employment as an employee, intern, coop employee, consultant or contractor (“Employment”) in the event that (a) an Employer terminates your Employment based on unsatisfactory performance within ninety (90) days of the date on which your Employment commenced, or (b) you voluntarily terminate your Employment within ninety (90) days of the date on which your Employment commenced. In the event that before the Start Date, either Employer or Prospective Employee elect not to begin the employment relationship contemplated by the Covered Offer, Prospective Employee shall promptly notify Remotus.
In the case of an Employment engagement, the Employer shall pay a Success Fee equal to 15% of the Prospective Employee’s first year base salary (an “Upfront Success Fee”), which amount shall be due and payable thirty (30) days after the Start Date.
In the case of a Consulting Engagement, the Employer shall pay a Success Fee equal to 15% of the compensation to be paid for the period of such Consulting Engagement (an “Upfront Success Fee”), which amount shall be due and payable thirty (30) days after the Start Date, and if the Consulting Engagement is for an indefinite period and/or there is no fixed fee for the Engagement, 15% of the compensation paid in each month (a “Monthly Success Fee”), commencing on the Start Date, for as long as the Consulting Engagement continues.
Employers are required to promptly notify Remotus once a Prospective Employee has accepted a Covered Offer and notify Remotus of the Start Date for such Prospective Employee (including prompt notification of any subsequent changes in such Start Date.) Employers shall provide Remotus with (1) a copy of a fully executed Covered Offer, or (2) execute a document between Employer, Remotus and Prospective Employee that states material employment terms, including, among other things, Start Date and compensation promptly upon the Effective Date. In the event that before the Start Date, either Employer or Prospective Employee elect not to begin the employment relationship contemplated by the Covered Offer, Employer shall promptly notify Remotus and the Prospective Employee shall not be eligible for any Prospective Employee Payment.
The Employer will owe Remotus a Success Fee for any Covered Offer which is accepted by a Prospective Employee, as defined above.
Notwithstanding the foregoing, in the event of a Success Fee dispute, if an Employer can establish that the Employer had an Active Process (as defined below) with the Prospective Employee before using the Service (e.g., the Prospective Employee had already begun the interview process with the Employer and such process had not been terminated, or the Employer had received the Prospective Employee’s resume from an employment agency or headhunter and was under active consideration by the Employer), the Employer may be exempted from paying the Success Fee. However, the final determination as to whether a Success Fee is owed by the Employer for an accepted Covered Offer will be at the sole discretion of Remotus. For the purposes hereof, “Active Process” shall mean continuous direct, back and forth communication, in an active recruiting or hiring context where a decision to put a candidate on hold or reject has not been made, within the three (3) months prior to using the Service for a Prospective Employee that exists in Employer’s applicant tracking system or that was submitted by a recruiting agency.
IF YOU ARE AN EMPLOYER WHO IS using our Service, YOU agree to these Success Fee provisions. If you do not agree with any of these provisions, please terminate your account immediately and cease using Remotus. YOUR OBLIGATION TO PAY ANY SUCCESS FEES SHALL SURVIVE ANY TERMINATION OF YOUR ACCOUNT.
If an Employer circumvents our Service after discovering a Prospective Employee through our Service and subsequently hires that Prospective Employee, the Employer will be billed a success fee equal to 25% of the 1st year base salary of the Prospective Employee and Remotus may, in its sole discretion, terminate the Employer’s account.
YOU UNDERSTAND THAT REMOTUS DOES NOT INQUIRE INTO THE BACKGROUNDS OF ITS USERS OR ATTEMPT TO VERIFY THE STATEMENTS OF ITS USERS (ALTHOUGH IT RESERVES THE RIGHT TO CONDUCT ANY BACKGROUND CHECK OR OTHER SCREENINGS AT ANY TIME USING AVAILABLE PUBLIC RECORDS), AND THAT YOU ARE RESPONSIBLE FOR CONDUCTING ANY BACKGROUND CHECKS, REFERENCE CHECKS, OR OTHER DUE DILIGENCE THAT YOU MAY REQUIRE BEFORE MAKING AN OFFER OF EMPLOYMENT TO A PROSPECTIVE EMPLOYEE.
The Employer agrees not to attempt to circumvent our Site and Service by independently attempting to communicate with and hire the Prospective Employee through alternative means after discovering the Prospective Employee on our Service.
Employer agrees to pay the Success Fees charged to Employer’s account in accordance with the fees, charges, and billing terms in effect at the time the Success Fee is due and payable hereunder.
Changes in Fees and Billing Methods
Remotus reserves the right at any time to change its fees (including to begin charging for services that it is currently providing free of charge) and billing methods, either immediately upon posting on the Site or by email delivery to you.
At Remotus we value our customer’s satisfaction in using our Site and Service to hire great Prospective Employees. If (a) an Employer hires a Prospective Employee and terminates the Prospective Employee’s employment based on unsatisfactory performance within ninety (90) days of the Start Date, or (b) a Prospective Employee voluntarily terminates his or her employment within ninety (90) days of the Start Date, or (c) Prospective Employee does not start employment because either Employer or Prospective Employer elects not to begin the employment relationship contemplated in the Covered Offer (each, a “Termination Event”), upon written receipt and confirmation of such information, Remotus will fully refund to the Employer the Upfront Success Fee related to the terminating Prospective Employee (if such Upfront Success Fee was paid by Employer prior to the Termination Event).
License to Use the Service
Subject to these Terms of Service, we grant to you a limited, personal, non-exclusive, non-transferable license to use the Service. Your right to use the Service is limited by the terms set forth in these Terms of Service.
Except for this license granted to you, we retain all right, title, and interest in and to the Service, including all related intellectual property rights. The Service is protected by applicable intellectual property laws, including United States copyright law and international treaties.
Except as otherwise explicitly provided in these Terms of Service or as may be expressly permitted by applicable law, you will not, and will not permit or authorize third parties to: (a) reproduce, modify, translate, enhance, decompile, disassemble, reverse engineer, or create derivative works of the Service; (b) rent, lease, or sublicense access to the Service; nor (c) circumvent or disable any security or technological features or measures of the Service.
Access to the Service; Modifications to the Service
We do not provide you with the equipment to access the Service. You are responsible for all fees charged by third parties to access the Service (e.g., mobile data plans or charges by internet service providers).
We reserve the right to modify or discontinue, temporarily or permanently, all or a part of the Service without notice. We will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Service.
We also reserve the right, in our sole discretion, to reject, refuse to post, or remove any posting (including private messages) by you, or to restrict, suspend, or terminate your access to the Service at any time, for any or no reason, with or without prior notice, and without liability.
You must be 18 or older to register as a user or to use the Service.
You must comply with all applicable laws, including U.S. export control laws, when using the Service. Except as may be expressly permitted by applicable law or authorized by us in writing, you will not, and will not permit anyone else to: (a) store, copy, modify, distribute, or resell any of the information; audio, visual, and audiovisual works; or other content made available on the Service (“Service Content”) or compile or collect any Service Content as part of a database or other work; (b) use any automated tool (e.g., robots, spiders) to use the Service or store, copy, modify, distribute, or resell any Service Content; (c) rent, lease, or sublicense your access to the Service to another person; (d) use the Service or Service Content for any purpose except for your own personal use; (e) circumvent or disable any digital rights management, usage rules, or other security features of the Service; (f) use the Service in a manner that threatens the integrity, performance, or availability of the Service; or (g) remove, alter, or obscure any proprietary notices (including copyright notices) on any portion of the Service or Service Content.
Links and Third Party Content
The Service may contain links to third party Services, products, services and software. We exercise no control over the third party Services, products, services and software and we are not responsible for their performance, do not endorse them, and are not responsible or liable for any content, advertising, or other materials available through the third party Services, products, services and software. We are not responsible or liable, directly or indirectly, for any damage or loss caused to you by your use of or reliance on any goods or services available through the third party Services, products, services and software.
Password Restricted Areas of the Service
Certain areas of the Service may be password restricted to registered users (“Password-Protected Areas”). If you have registered as an authorized user to gain access to these Password-Protected Areas, you agree that you are entirely responsible for maintaining the confidentiality of your password, and agree to immediately notify Remotus if the password is lost, stolen, disclosed to an unauthorized third party, or otherwise may have been compromised. You agree that you are entirely responsible for any and all activities that occur under your account, whether or not you are the individual who undertakes such activities.
The Service allows you and other third parties to post information to the Service, including photographs and comments. Any opinions, advice, statements, services, offers, or other information that constitutes part of the content expressed or made available by third parties on the Service are those of the respective authors or producers and not of Remotus, or its stockholders, directors, officers, or employees.
Remotus does not control the content posted by third parties via the Service and, as such, does not guarantee the accuracy, integrity or quality of such content. You understand that by using the Service, you may be exposed to content that is offensive, indecent or objectionable. Under no circumstances will Remotus, its stockholders, directors, officers, directors, or employees be held liable for any loss or damage caused by your reliance on information obtained through the Service. It is your responsibility to evaluate the information, opinion, advice, or other content available.
You agree that we are free to use any comments, information, ideas, concepts, reviews, or techniques or any other material contained in any communication you may send to us (each, a "Submission"), including, without limitation, responses to questionnaires or through postings to the Service without further compensation, acknowledgement or payment to you for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products and creating, modifying or improving the Service and our products and services. Furthermore, by posting any Submission on the Service, submitting information to us, or in responding to questionnaires, you grant us a perpetual, non-exclusive, fully paid, royalty-free, irrevocable, sublicenseable, worldwide license and right to display, use, perform, reproduce, modify, distribute and create derivative works of the Submission or information submitted in any media, software, or technology of any kind now existing or developed in the future. By posting or providing a Submission or information, you represent and warrant that: (i) you own all right title and interest in your Submissions or otherwise have the right to grant the license set forth herein, and (ii) the posting of your Submissions on or through the Service does not (and will not) violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person. You agree to pay all royalties, license fees and any other monies owing any person by reason of any Submission posted by you on or through the Service.
You are solely responsible for any content and other material that you submit, publish or display on the Service or transmit to other members and/or other Service users.
You will not use the Service to: (a) upload, post, email, or otherwise transmit any Submission that contains unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable; (b) harm Remotus or third parties in any way; (c) impersonate any person or entity, or otherwise misrepresent your affiliation with a person or entity; (d) upload, post, email, or otherwise transmit any Submission that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements); (e) upload, post, email or otherwise transmit any Submission that infringes any patent, trademark, trade secret, copyright or other proprietary right of any party; (f) upload, post, email, or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other forms of solicitation; (g) upload, post, email, or otherwise transmit any material that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment; (h) interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service; (i) intentionally or unintentionally violate any applicable local, state, national or international law or regulation; (j) "stalk" or otherwise harass another; (k) write comments that in any way refer to persons under 18 years of age; or (l) collect or store personal data about other users.
If you see content on the Service that violates these use restrictions, please contact Remotus at feedback@Remotus.com.
Disclaimer of Warranties
YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE AND SERVICE CONTENT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. REMOTUS EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE THE ACCURACY, COMPLETENESS, OR USEFULNESS OF THE SERVICE AND SERVICE CONTENT, SUCH AS PRICING OF APPLICTIONS IN THE APPLE APP STORE, AND YOU RELY ON THE SERVICE AND SERVICE CONTENT AT YOUR OWN RISK. ANY MATERIAL OBTAINED THROUGH THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER, OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY MATERIAL THROUGH THE SERVICE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM REMOTUS OR THROUGH OR FROM THE SERVICE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT. SOME STATES MAY PROHIBIT A DISCLAIMER OF WARRANTIES AND YOU MAY HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE.
Limitation of Liability
TO THE EXTENT PREMITTED BY APPLICABLE LAW, REMOTUS WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF REMOTUS HAS BEEN ADVISED OF THE POSSIBILITY OF THESE DAMAGES), RESULTING FROM YOUR USE OF THE SERVICE AND SERVICE CONTENT. TO THE EXTENT PREMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES WILL REMOTUS'S TOTAL LIABILITY OF ALL KINDS ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICE OR SERVICE CONTENT (INCLUDING BUT NOT LIMITED TO WARRANTY CLAIMS), REGARDLESS OF THE FORUM AND REGARDLESS OF WHETHER ANY ACTION OR CLAIM IS BASED ON CONTRACT, TORT, OR OTHERWISE, EXCEED TEN DOLLARS ($10). BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
If you believe that your work has been copied in a way that constitutes copyright infringement, please contact us at copyright@Remotus.com and provide Remotus’s copyright agent, in writing, the following information required by the Digital Millennium Copyright Act, 17 U.S.C. § 512: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (ii) a description of the copyrighted work that you claim has been infringed, including the URL (i.e., web page address) of the location or other applicable identifying information where the copyrighted work exists or a copy of the copyrighted work; (iii) identification of the URL or other specific location on the Service where the material that you claim is infringing is located; (iv) your address, telephone number, and email address; (v) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (vi) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf. Remotus’s agent for notice of claims of copyright infringement on this site can be reached using the contact information below.
You will indemnify and hold Remotus, and its subsidiaries, affiliates, officers, agents, and employees, harmless from any costs, damages, expenses, and liability caused by your use of the Service, your violation of these Terms of Service, or your violation of any rights of a third party through use of the Service.
Updates to the Service and Terms of Service
We may occasionally update the Service and these Terms of Service. When we do, we will revise the “last updated” date on these Terms of Service. You should check the Service and these Terms of Service frequently to see recent changes. Your continued use of the Service after such changes will be subject to the then-current terms of service. This version of these Terms of Service shall supersede all earlier versions.
Enforcement of these Terms of Service will be governed by California law, excluding its conflict and choice of law principles. The exclusive jurisdiction and venue for any claims arising out of or related to these Terms of Service or your use of the Service will lie in the State and Federal courts located in San Francisco County California. and you irrevocably agree to submit to the jurisdiction of such courts. The failure of Remotus to enforce any right or provision in these Terms of Service will not constitute a waiver of such right or provision unless acknowledged and agreed to by Remotus in writing. In the event that a court of competent jurisdiction finds any provision of these Terms of Service to be illegal, invalid or unenforceable, the remaining provisions will remain in full force and effect.
If you have any questions or concerns about the Service or these Terms of Service, please send us a thorough description by email to feedback@Remotus.com, or write to us at:
360 Langton St. Suite 307, San Francisco, California 94103