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WheresTheRemote(SM) - Terms of Use

Wheres The Remote (SM) .com

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Terms of Use

Revision Date: October 17, 2010

The terms "Wheres The Remote", "Vendor", "we", "us", and "our" refer to Actualize LLC, a New Hampshire limited liability company, dba Wheres The Remote and WheresTheRemote.com.

The "Service" means our websites, including WheresTheRemote.com, content, software, APIs, web services, feeds, and any goods or services offered. These Terms of Use govern your use of the Service.

YOUR USE OF THE Service, SIGNIFIES YOUR CONTINUING CONSENT TO THESE TERMS OF USE AND OUR PRIVACY POLICY AND YOU AGREE TO RECEIVE REQUIRED NOTICES AND TO TRANSACT WITH US ELECTRONICALLY. IF YOU DO NOT AGREE, DO NOT USE THE Service.

"User" means any individual or organization that visits, accesses, consumes, views, or interacts with the Service.

"Job Advertiser" means any individual, organization, or entity providing job advertisements for distribution via the Service. Job Advertisers are also Users. All provisions that apply to Users also apply to Job Advertisers except as provided herein.

"Account Holder" means any User who has registered with the Service and created an account.

"Content" means any data or content that can be submitted to or distributed by the Service including, without limitation, text, audio, visuals, video, graphics, photography, any digital file, advertising creative or other advertising material, or metadata.

"User Content" is any Content that you or any other User supplies or transmits to the Service or its functions that is intended or designated for display to others or distribution to others by any means associated with the Service, or Content that you know or should have known would be so displayed or distributed.

"Vendor Content" means any Content available by means of the Service that isn't User Content.

Age Restriction

Children under the age of 13 may not use the Service and parents or legal guardians may not agree to these Terms of Use on their behalf. If we become aware that a child under 13 has provided or attempted to provide us with personal information, we will use our best efforts to remove the information permanently from our files.

If you are under the age of 18 but at least 13 years of age, you may use this Service only under the supervision of a parent or legal guardian who agrees to be bound by these Terms of Use. If you are a parent or legal guardian agreeing to these Terms of Use for the benefit of a child between the ages of 13 and 18, be advised that you are fully responsible for his or her use of this Service, including all financial charges and legal liability that he or she may incur.

The Service is intended for adults and may contain content that parents or legal guardians would consider inappropriate for minors. If you are a parent or legal guardian agreeing to these Terms of Use for the benefit of a minor, you accept full responsibility for the minor's viewing of any content on the Service.

Registration

You must register with this Service in order to use certain features and functions. If you just want to browse the Service, registration is optional. At a minimum you will be required to provide an email address in order to register. You are required to provide accurate and complete information when registering for an account or updating your account.

You are responsible for all activities that occur under your account and for maintaining the security and confidentiality of your account credentials, such as username and password. You agree to notify us immediately of any unauthorized use of your account or any other known or suspected breach of security.

Appropriate Use of the Service

The following provisions apply to all Users of the Service. Additional Job Advertiser Terms apply to Job Advertisers.

You must not do any of the following with, to, through, or using the Service:

  1. alter, resell or sublicense the Service or provide it as a service bureau;
  2. "frame" or "mirror" the Service;
  3. harvest Content from the Service, by automated or manual means, and redistribute without permission;
  4. distribute Content beyond the scope of the rights and / or licenses you possess with regard to such Content;
  5. offer, for sale or otherwise, or to sell, any goods or services;
  6. make any offer where doing so through the Service would cause Vendor to violate any law or regulation;
  7. disclose private personally identifiable information of third parties without their express permission;
  8. submit any material that is illegal, misleading, defamatory, indecent, obscene, pornographic, threatening, infringing of any third party proprietary rights, or invasive of personal privacy (collectively "Objectionable Matter").
  9. perform any of the following prohibited acts:
    1. Any act which, directly or indirectly, causes to be transmitted to, uploaded by or downloaded by, any end user any "junk mail", "spam", "chain letters", "pyramid schemes", or any other like form of solicitation; or
    2. Any act which, directly or indirectly, causes to be transmitted to, uploaded by or downloaded by, the Service or any end user any software viruses, worms, trojan horses, time bombs, trap doors or any other computer code, files, programs, or repetitive requests for information designed to interrupt, destroy, or limit the functionality of any computer software, hardware, or telecommunications equipment or to diminish the quality of, interfere with the performance of, or impair the functionality of the Service; or
    3. Any act which interferes with or disrupts the Service or servers or networks connected to the Service.

Use, resale, or exploitation of the Service and / or the Vendor Content except as expressly permitted in this Agreement is prohibited.

Privacy

Information that you supply to us, and any information about your use of the Service that we obtain, will be subject to our Privacy Policy.

Changes to the Service

We may discontinue or change the Service at any time with or without notice. Changes may affect, without limitation, content, features, or fees and payment policies.

Changes to the Terms of Use

We may change the Terms of Use at any time. You can review the most current version of the Terms of Use by clicking on the "Terms of Use" or equivalent link on our website. If you continue to use the Service after we make changes to the Terms of Use, you are signifying your acceptance of the new terms. You are responsible for checking these terms periodically for any changes.

Proprietary Rights

Vendor reserves all rights under intellectual property law in the Service and in any Content that is on the Service.

Except as Vendor may expressly state in writing, you may not reproduce, reprint, publish, or otherwise exploit content or technology from the Service without our express prior written consent except as provided by this Agreement.

We may aggregate anonymous statistical data regarding use and functioning of the Service by its various Users. Such aggregated statistical data will be our sole property.

Electronic Delivery Statement and Your Consent

You agree that we may provide to you notices and other information concerning Wheres The Remote or this Service electronically, including notice to any email address that you may provide.

Acceptable User Content

You agree that your User Content will not violate these terms, or any applicable EULA. User Content that violates applicable rules may be removed.

You have sole responsibility for the accuracy, quality, integrity, legality, reliability, appropriateness of, and intellectual property permissions for all of your User Content.

No Duty to Monitor

You agree that we are not liable for Content that is provided by third parties, including, without limitation, Users and Job Advertisers. We have no duty to screen content that you or others may supply or post, but we have the right to refuse to post or to edit submitted content. We reserve the right to refuse or remove any content for any reason or no reason at all at any time in our sole discretion.

Limited License to User Content

If you supply any User Content, you grant us and our affiliate companies the non-exclusive, royalty-free, worldwide, perpetual, sublicensable right and license to use, copy, store, transmit, display, distribute, perform, exhibit, broadcast, modify, adapt, abridge, exploit, and promote this content in any way and in any commercial or non-commercial medium or form without charge including, without limitation, via our websites, third party websites, the Internet, APIs, web services, feeds, email, social media, mobile networks and devices, and text messaging.

Third Party Content

The Service incorporates Content supplied by third parties and may include links to websites of third parties. Third parties include, without limitation, you, other Users, and Job Advertisers. You agree that were are not responsible or liable for any of the following:

  1. any content or other materials on third party websites
  2. any content or claims supplied by third parties
  3. any transactions or dealings between you and any third party
  4. any claim or loss due to any third party

Disclaimer of Warranties

We provide the Service and its contents "AS IS." Your use of the Service is on that basis and at your own risk.

EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENT OR IN ANY APPLICABLE ATTACHMENT OR EXHIBIT HERETO, VENDOR MAKES NO REPRESENTATION OR WARRANTY OF ANY KIND TO YOU, EITHER EXPRESS OR IMPLIED, AS TO ANY MATTER IN CONNECTION WITH THE SERVICE OR THIS AGREEMENT INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, NON-INFRINGEMENT, TITLE, SUITABILITY, ACCURACY, TIMELINESS, OR OTHERWISE.

EXCEPT AS EXPRESSLY SET FORTH HEREIN, THE SERVICE IS PROVIDED ON AN "AS IS" BASIS ONLY, AND VENDOR MAKES NO REPRESENTATION, WARRANTY, GUARANTEE, OR ASSURANCE TO YOU THAT IT WILL BE ERROR-FREE, RELIABLE, SECURE, OPERATE WITHOUT INTERRUPTION, OF SATISFACTORY QUALITY, MEET YORU REQUIREMENTS, OR PERFORM IN ACCORDANCE WITH ANY PARTICULAR STANDARD, LEVEL, OR METRIC.

YOU ALSO EXPRESSLY ACKNOWLEDGE AND AGREE THAT THE VENDOR SERVICE RELIES UPON THIRD-PARTY SOFTWARE, SERVICES, AND VENDORS FOR CERTAIN FUNCTIONS, AND EXCEPT AS EXPRESSLY SET FORTH HEREIN, VENDOR MAKES NO REPRESENTATION, WARRANTY, PROMISE, OR GUARANTEE TO YOU THAT SUCH SOFTWARE WILL BE ERROR FREE, ACCOMPLISH THE SPECIFIED INTENT, OR PERFORM IN ACCORDANCE WITH ANY PARTICULAR STANDARD, LEVEL, OR METRIC AND VENDOR WILL NOT BE LIABLE FOR ANY FAILURE THEREOF TO YOU.

YOU ALSO ACKNOWLEDGE AND AGREE THAT TECHNOLOGY MAY EXIST OR BE DEVELOPED TO COPY, DOWNLOAD, OR OTHERWISE ACQUIRE CONTENT WITHOUT YOUR AND / OR VENDOR'S AUTHORIZATION AND / OR KNOWLEDGE, AND THAT ANY SECURITY AND PROTECTIONS AS ARE OFFERED BY VENDOR, IF ANY, MAY NOT BE SUFFICIENT TO PREVENT SUCH UNAUTHORIZED ACTS. IN PARTICULAR, JOB ADVERTISEMENTS MAY BE DOWNLOADED OR HARVESTED FROM THE SERVICE AND REDISTRIBUTED ELSEWHERE WITHOUT VENDOR'S PERMISSION. VENDOR CAN NOT CONTROL SUCH ACTIVITY AND IS NOT RESPONSIBLE OR LIABLE FOR IT.

Limitation and Exclusions of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW Vendor SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR EXEMPLARY DAMAGES (EVEN IF Vendor HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMGES) FOR ANY REASON, INCLUDING, WITHOUT LIMITATION, THOSE ARISING FROM THE PERFORMANCE UNDER OR FAILURE OF PERFORMANCE OF ANY PROVISION OF THIS AGREEMENT (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES), SUCH AS, WITHOUT LIMITATION, LOSS OF REVENUE OR ANTICIPATED PROFITS, LOST BUSINESS, OR LOSS OF DATA.

Indemnification

You agree to defend, indemnify, and hold harmless us and our parent, subsidiaries, or other affiliated companies, and our respective owners, members, managers, officers, directors, shareholders, employees, contractors, successors, assigns, agents, and partners or suppliers from and against any and all all costs, liabilities, losses, claims, expenses, and damages (including attorneys' fees and litigation expenses) that arise out of or in connection with your use or misuse of the Service, including, without limitation, a claim, suit, action, or proceeding by a third party:

(i) alleging that the User Content or other data or information supplied by Customer infringes the intellectual property rights or other rights of a third party or has caused harm to a third party; or (ii) arising out of breach of any representation, warranty, covenant, and / or agreement made by you in this Agreement. For the avoidance of doubt, you agree that regardless of whether any representation, warranty, covenant, or agreement is qualified by your knowledge, you shall provide indemnification for said representation, warranty, covenant, or agreement as if there was no such qualification.

We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.

International Use

We make no representation that content on the Service is appropriate or available for use in locations outside the United States. If you choose to access the Service from a location outside the US, you do so on your own initiative and you are responsible for compliance with local laws.

Choice of Law and Location for Resolving Disputes

You agree that the laws of the state of New Hampshire USA and US federal law govern these Terms of Use, its subject matter, your use of the Service, and any claim or dispute that you may have against us, without regard to its conflict of laws rules, and that the United Nations Convention on Contracts for the International Sale of Goods shall have no applicability. State and federal courts located in New Hampshire will have exclusive jurisdiction and venue over any dispute or controversy arising from or relating to this Agreement or its subject matter.

Severability and Integration

This contract and any supplemental terms, policies, rules, and guidelines posted on our website constitute the entire agreement between you and us and supersede all previous written or oral agreements. If any part of this Agreement is held to be invalid or unenforceable, then such parts(s) will be construed, as nearly as possible, to reflect the intentions of the invalid or unenforceable parts(s), with all other parts remaining in full force and effect.

Termination

We reserve the right to terminate your use of the Service if you violate the Terms of Use or any rules or guidelines posted on our website or for any other reason in our discretion. We also may impose any limitation between unhindered access and termination.

No Waiver

The failure of us to enforce any right or provision in this Agreement will not constitute a waiver of such right or provision unless acknowledged and agreed to by us in writing.

Survival

All terms of this Agreement which by their nature extend beyond their termination, remain in effect until fulfilled and apply to respective successors and assigns.

Claims of Copyright Infringement

If you believe that your work has been copied and is accessible on this Service in a way that constitutes copyright infringement, please report the possible copyright infringement by using the Contact feature on our website.

Notice

Vendor may give notice by means of electronic mail to any email address on record in your account or by written communication sent by first class mail or by courier service to any address on record in your account. Such notice will be deemed to have been given upon the expiration of 36 hours after mailing (if sent by first class mail) or sending by courier or 12 hours after sending (if sent by email), or, if earlier, when received. You may give notice to Vendor by mail sent to Wheres The Remote, PO Box 7153, Portsmouth NH 03802.

Assignment

This Agreement may not be assigned by you without the prior written approval of Vendor but may be assigned by Vendor to (i) a parent or subsidiary; (ii) an acquirer of all or substantially all of Vendor's assets involved in the operations relevant to this Agreement, or (iii) a successor by merger or other combination. Any purported assignment in violation of this section will be void. This agreement may be enforced by and is binding on permitted successors and assigns.

No Agency

No joint venture, partnership, employment, or agency relationship exists between you and Vendor as a result of this Agreement or use of the Service.

Force Majeure

We are excused from performance under this Agreement and not liable for the failure to perform to the extent that our performance is prevented, hindered, delayed, or otherwise made impracticable by reason of any flood, fire, earthquake, tornado, hurricane, volcanic eruption, act of nature, epidemic, industrial accident, oil spill, riot or civil disorder, judicial or governmental action, act of terrorism, act of war or military invasion, labor disputes, disruption of power or internet infrastructure, or any other conditions beyond our control.

Headings

The section headings and subheadings contained in this Agreement are included for convenience only, and shall not limit or otherwise affect the terms of this Agreement.

Revision Date: October 17, 2010