Last updated: 12 December 2022.
If a Remofirst client User, once you have clicked “I Agree” in and at the end of the Terms & Conditions executed with Us, you will be granted access to the Platform and will be provided with an account. You will be then permitted to set Your own password which will not be known or visible to Remofirst or its Partners.
If a Remofirst partner, once you have clicked “I Agree” in and at the end of the Terms & Conditions executed with Us, you will be granted access to the Platform and will be provided with an account. You will be then permitted to set Your own password which will not be known or visible to Remofirst or its Clients.
By registering on the Platform, You:
You agree that You will:
You agree that You will not:
In Your use of the Platform, You may upload, post, provide, publish, display, link to or otherwise make information necessary for the Services available via the Platform (collectively, “User Content”). You grant to Us a worldwide, transferable and sub-licensable right to copy, modify, distribute, display, and process all of the User Content You make available via the Platform for the Services, without any further consent, notice and/or compensation to you or others.
You agree that We are only acting as a passive conduit for to assist with provision of Employer of Record services for Our clients and partners. Remofirst is not responsible for policing the Platform or any User Content. Remofirst does not and will not have any obligation to review User Content, and therefore We do not guarantee the accuracy, integrity, or quality of User Content and We cannot assure You that harmful, inaccurate, deceptive, offensive, threatening, defamatory, unlawful, or otherwise objectionable User Content will not appear on the Platform. You understand and agree that any loss or damage of any kind that occurs as a result of the use of User Content that You upload, download, post, transmit, display, or otherwise make available or access through Your use of the Platform is solely Your responsibility. We do, however, to the extent permitted by law, reserve the right to review any or all User Content in our sole discretion and reserve the right to remove any User Content, in whole or in part. UNDER NO CIRCUMSTANCES WILL REMOFIRST BE LIABLE IN ANY WAY FOR ANY USER CONTENT POSTED ON OR MADE AVAILABLE THROUGH THE PLATFORM BY YOU OR REMOFIRST PARTNER OR ANY OTHER USER.
Except for Your User Content, the Platform and its materials, including, without limitation, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos and music (the “Platform Content”), and all intellectual property rights related thereto, are the exclusive property of Remofirst and any of its licensors. Except as explicitly provided herein, nothing in these Terms will be deemed to create a license in or under any such intellectual property rights, and You agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, or create derivative works from any materials or content accessible on the Platform. Use of the Platform Content on the Platform for any purpose not expressly permitted by these Terms is strictly prohibited.
You agree to defend, indemnify, and hold harmless Remofirst, its affiliates and subsidiaries, officers, directors, agents, managers, and employees, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) Your use of and access to the Platform; (ii) Your violation of any of these Terms, including without limitation, Your breach of any of the representations and warranties above; (iii) Your violation of any third-party right, including without limitation any right of privacy, rights of publicity or any intellectual property rights; (iv) Your violation of any law, rule or regulation of the United States or any other country; (v) any claims or damages that arise as a result of any of Your User Content; or, (vi) any other party’s access and use of the Platform with Your unique account information, password or other appropriate security measures.
THE PLATFORM IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. USE OF THE PLATFORM IS AT YOUR OWN RISK. THE PLATFORM IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, REMOFIRST DOES NOT WARRANT THAT ANY PLATFORM CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT THE PLATFORM WILL MEET YOUR REQUIREMENTS; THAT THE PLATFORM WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE PLATFORM IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE PLATFORM IS DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD.
YOUR ACCESS TO THE PLATFORM MAY BE SUSPENDED OR RESTRICTED OCCASIONALLY TO ALLOW FOR MAINTENANCE, REPAIRS, UPGRADES, OR THE INTRODUCTION OF NEW FACILITIES OR SERVICES. WE WILL ALWAYS TRY TO LIMIT THE FREQUENCY AND DURATION OF ANY PLANNED DISRUPTION BUT WE WILL NOT BE LIABLE TO YOU IF FOR ANY REASON THE PLATFORM IS UNAVAILABLE AT ANY TIME OR FOR ANY PERIOD.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL REMOFIRST, ITS SUCCESSORS IN INTEREST, ITS OFFICERS, DIRECTORS, AGENTS, MANAGERS, AND EMPLOYEES, BE LIABLE OR ASSUME LIABILITY FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER LOSSES, THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THIS PLATFORM. UNDER NO CIRCUMSTANCES WILL REMOFIRST BE RESPONSIBLE FOR ANY DAMAGE, LOSS OR INJURY RESULTING FROM (i) ERRORS, MISTAKES, OR INACCURACIES OF ANY CONTENT; (ii) CYBER ATTACKS, HACKING, TAMPERING OR OTHER UNAUTHORIZED ACCESS OR USE OF THE PLATFORM OR YOUR ACCOUNT INFORMATION OR THE INFORMATION CONTAINED THEREIN; (iii) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE PLATFORM; (iv) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE PLATFORM; AND/OR (v) ANY CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY. OUR AGGREGATE LIABILITY ARISING OUT OF THESE TERMS WILL NOT EXCEED THE AMOUNT OF PLATFORM SEAT FEES WE HAVE RECEIVED ASSOCIATED WITH USE OF THE PLATFORM OVER IN THE PAST TWELVE (12) MONTHS.
THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF REMFIRST HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THE FOREGOING LIMITATION OF LIABILITY WILL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
The laws of the State of California will govern these Terms, as well as any claim that might arise between You and Us, without regard to conflict of law provisions. You agree to submit to the personal jurisdiction of the courts located in San Francisco County, California for the purpose of litigating all such claims.
You and Remofirst agree to act reasonably and in good faith in our respective dealings with each other and to respond promptly to all communications.
You agree for a period of 12 months after You are no longer a User, not to induce, or attempt to induce, any other user of the Platform to: (i) cease or refrain from using the Platform; or (ii) reduce its use of the Platform, or do any other thing which is reasonably likely to have such an effect.
You may not assign or transfer any rights and licenses granted hereunder.
We recommend that You ensure that computers and other devices used to access the Platform run up-to-date anti-virus software as a precaution, and You are advised to virus-check any materials downloaded from the Platform and regularly check for the presence of viruses and other malicious code. We will not be liable for any loss or damage caused by a virus or other technologically harmful material that may infect Your computer equipment, computer programs, data or other proprietary material due to Your use of the Platform or to Your downloading of any content from it.
These Terms, and any other additional terms incorporated by reference herein or that expressly incorporate these Terms, constitute the entire agreement between You and Remofirst regarding the subject matter hereof. If any provision of these Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision will not affect the validity of the remaining provisions of these Terms, which will remain in full force and effect. No waiver of any term of these Terms will be deemed a further or continuing waiver of such term or any other term, and Remofirst’s failure to assert any right or provision under these Terms will not constitute a waiver of such right or provision.
Please contact us at firstname.lastname@example.org with any questions regarding these Terms.