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Terms & Conditions

Last Modified on December 21, 2020


 

PLEASE READ THIS AGREEMENT CAREFULLY; THIS IS A BINDING CONTRACT.


Thanks for visiting RemoteIn! RemoteIn and the website located at remoteinpc.com (the “Site”) is owned and operated by ATJVentures LLC (“RemoteIn”, “we”, “us”, or “our”). Your access and use of the Site, and the features and services we provide in association with the Site (individually and collectively, the “Service”) are subject to the terms and conditions in these Terms of Service (these “Terms”). These Terms constitute a legal agreement between you and ATJVentures LLC and are sometimes referred to herein as the “Agreement”.
 

RemoteIn provides individuals and small businesses (“clients”, “you”, “your”) with remote technical diagnostics and support for a broad array of devices (computers, servers, mobile devices, etc.), computer software, and online services that may fall under the category of information technology, but may also include “smart” devices, televisions, audio devices, security cameras, and VOIP phone systems. The Site provides clients with information regarding our services, a means of contacting us to schedule remote technical support (a “Booking”), and a means of paying for service. The Site and the Service are collectively referred to as the “Platform”. Provisioning of the Service may require RemoteIn Support Technicians (RSTs) to remotely access client devices using built-in and 3rd party software. By accepting this agreement, you hereby consent to the use of such remote access software by RSTs to access your device(s).

RSTs are carefully screened, well-trained, respectful, diligent, and reliable, adhering to industry standards of best practice, and are guaranteed to put forth a best effort for every Booking, making your satisfaction their top priority.

 

Please note that the Platform is operated in the United States and is not available to, and should not be accessed and used by, residents of the European Economic Area. Service is only available, currently, to residents of the United States.

 

By agreeing to these Terms, including by a click-through or other agreement, or by using any aspect of the Platform, you expressly acknowledge that (a) you have read these Terms and agree to all of their terms and conditions, (b) you are 18 years of age or older, (c) you have the right, authority and capacity to enter into this Agreement, and (d) if you are entering into this Agreement on behalf of an entity, you have authority to act on behalf of that entity and to bind that entity to this Agreement.

 

You further agree to receive all communications, agreements, and notices that we provide in connection with the Platform electronically, including by e-mail, SMS text message, or by posting them on the Site or otherwise making them available through the Platform. You agree that all communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. You must agree to these Terms in order to use the Platform, and if you do not accept these Terms then you may not use any aspect of the Platform.

 

These Terms contain important language governing your use of the Platform. They address, among other things, information about how we provide the Platform, how we or you may terminate the Services and/or access to the Platform, and how we handle disputes (which includes a class action waiver and binding arbitration in most cases).


 

1. Your Responsibility


1.1 Software and Data Backups. While RemoteIn provides data backup support, software and data backups are the sole responsibility of the client and should be in place and current prior to the client’s Booking, along with a disaster recovery plan. RemoteIn and RSTs cannot be held liable or responsible in any way for any software corruption or data loss perceived to occur in connection with the client’s Booking, either during the Booking or after it is completed.

 

1.2 User credentials. If credentials for any accounts owned by the client are divulged to an RST, it is with the understanding that such credentials can and should be changed at the client’s discretion after the Booking is completed. If the Booking involves helping the client with their credentials, please note that RemoteIn does not take responsibility for the storage or recordkeeping of such credentials; RemoteIn will provide the client with any such modified credentials and it is the client’s responsibility to maintain them.

 

1.3 Device age/billable time. If the client requests that work be performed on devices that are suffering from poor responsiveness due to age or deficient hardware specifications, it is with the understanding that the cost incurred will likely be greater than if the work were being performed on newer or more responsive devices.

RSTs will always do their best to minimize billable time, including by providing ongoing feedback on estimated times of completion, progress made, and whether they believe it is in the client’s best interests to pursue a solution when such a solution becomes increasingly unlikely.
 

1.4 Inherent technical risk. On rare occasions, as with services from any computer or tech support company, despite our best efforts and practices, during our diagnostics and troubleshooting, the client’s device may suffer either software corruption and/or hardware failure that falls outside the scope of what our RSTs can further assist with. If this happens, the client will not be billed for our services, and our RSTs can help procure suitable repair services with an unaffiliated third party, if requested, using information found online, such as user reviews and ratings, with no endorsement expressed or implied from RemoteIn or RSTs; RemoteIn disclaims all liability with regard to the client’s use of such third party services.

The client understands and agrees that hardware failures can and do happen randomly without human tampering or causation, and that such failures are generally the result of an electronic or mechanical malfunction beyond the RSTs ability to cause or control, and that should such a failure be perceived to occur in connection with our Service, such an event, even if not directly related to the issue you sought our assistance with originally, was an inevitable outcome regardless. For example, the problem the client sought our assistance with may or may not have stemmed from a hard drive that is unknowingly beginning to fail in the client’s device. During the Booking, the hard drive fails completely during routine diagnostics. Occurrences such as these are rare, but do happen, and RemoteIn and RSTs cannot be held liable or accountable for hardware failures that coincide with the client’s Booking.
 

Furthermore, the client understands and agrees that software corruption can happen unpredictably, and through no fault of our RSTs. E.g., the solution to the issue the client's device is experiencing may be the installation of a software patch or upgrade. The RST may simply run the software publisher’s installer for the patch, and due to a “bug” in the patch, a hardware glitch, or countless variables outside the control of the RST, the operating system of the client’s device can become corrupted and non-bootable. It is impossible to eliminate this element of risk, but our RSTs will always do their best in every given situation, when possible, to prevent such an occurrence.



2. Updates to these Terms and Conditions
RemoteIn may update these Terms at any time in its sole discretion, and RemoteIn will post the updated version of these Terms on the Site. You understand and agree that you will be deemed to have accepted the updated Terms if you use any aspect of the Platform after the updated Terms are posted. If at any point you do not agree to any portion of these Terms, you must immediately stop using the Platform. Disputes arising under these Terms will be resolved in accordance with the version of these Terms in place at the time the dispute arose. We encourage you to review these Terms frequently to stay informed of the latest modifications.
 

 

3. Provision of the Platform

You are responsible for any Internet connection, data usage and telecommunications fees and charges that you incur when accessing the Platform. You acknowledge and agree that RemoteIn may make changes to any aspect of the Platform at any time without notifying you in advance.

 

 

4. Termination of the Platform

RemoteIn reserves the right to deny use of the Platform to any person or entity at RemoteIn’s sole and absolute discretion. You acknowledge and agree that RemoteIn may stop providing any aspect of the Platform or restrict your use of the Platform at any time, without notifying you in advance, for any reason or no reason.


 

5. Cancellation and Rescheduling

Our cancellation and rescheduling policies are posted at https://www.RemoteIn.com/cancellation-policy and may be updated from time to time without notice.


 

6. Pricing and Payments

 

6.1. Fees, Payments, and Refunds. All prices, fees and other amounts for the Platform are set forth on the Site. All amounts shall be expressed and paid in United States Dollars, and do not include applicable service taxes. All Fees are subject to change at any time without notice. Minimum fee is due at beginning of Booking for first time clients; final fee is confirmed and due upon completion of the Booking.

 

If you use PayPal or any other payment or financial mechanism (“Payment Provider”), the applicable Payment Provider agreement governs your use of such Payment Provider, and you should refer to that agreement, and not these Terms, to determine your rights and liabilities with respect thereto. YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL RIGHT TO USE ANY PAYMENT MEANS USED TO INITIATE ANY TRANSACTION. All information that you provide to us or our third-party payment processors must be accurate, current, and complete. You will also be responsible for paying any applicable taxes relating to payments that you make. RemoteIn shall have no liability or responsibility to you or any other third party in connection with the accuracy of the Payment Provider information provided by you or your use of any Payment Provider (including any fees charged by such Payment Provider in connection with such use).

 

We strive to provide a fair and practical refund policy, keeping in mind that our technicians are well-trained, always give their best effort, and depend on their earnings to support themselves and their families, while balancing those considerations with our desire to satisfy and do right by our clients. While RSTs will always attempt to minimize the client’s bill, it must be taken into account that clients have full control over how much time they give the RST to spend on a given task, and as such, bear responsibility for that billable time. 

Clients are only billed final fees when their Booking is either fully or partially successful, as determined by both the client and the RST at the end of the Booking. Minimum fees are final and non-refundable. Final fees for fully successful or partially successful Bookings are final and non-refundable.

 

6.2. Payment Processing. Prior to the start of your first Booking, our service coordinator will call you to assist with making your first minimum payment. Minimum fees for first time clients are due at the beginning of their first Booking only; thereafter, if the client maintains their account in good standing, the minimum fee is reduced from our standard minimum, $49 for residential, and $59 for commercial, to $25 for residential, and $30 for commercial. To qualify for our client appreciation minimum, invoices must be paid in full within 24 hours of completion of Booking.

 

Final fees are due in full at the end of the Booking. Clients will receive an email and/or text message with links to their invoice and are asked to pay promptly.
 

6.3. Failed Transactions. RemoteIn is not responsible for any charges imposed by the issuer of your payment instrument because of any failed charge by RemoteIn. If payment is not received within thirty (30) days, you understand and agree that RemoteIn may employ a collection agency or other business in an effort to collect any outstanding debts and fees associated with your unpaid invoices, and you will not contest the use of a third party to collect the debt and fees owed to RemoteIn. You agree that you will be responsible for any legal, court, arbitration or collection agency fees associated with our attempts to collect all monies owed by you for our Service. You agree that RemoteIn, or any agency or business employed by RemoteIn, has the right to contact you and your heirs via telephone, email or in-person using the information you provided upon registration or during any contact with RemoteIn, in an effort to collect any monies and fees owed under your account, whether specifically referenced in these Terms or not, and such contact may be made in a manual or automated fashion.

 

6.4. Gift Cards. RemoteIn may offer gift cards for purchase ("Gift Cards"). Gift Cards are redeemable only as payment for a Booking. Gift Cards have no cash value and are not redeemable for cash unless otherwise required by law. Gift Cards must be presented (or the applicable identification number entered) at the time of payment and any available balance will be applied to your purchase. Gift Cards do not expire and there are no inactivity, dormancy or service fees associated with Gift Cards. You agree that you will comply with all Gift Card terms and conditions. Gift Cards are not replaceable if lost or stolen. Gift Cards cannot be used for previous purchases, credits, or the purchase of Gift Cards, and cannot be used to make a payment towards third party items the balance on a credit card. We reserve the right to limit quantities of Gift Cards purchased by any person or entity and to cancel a Gift Card if we believe that the Gift Card was obtained through fraudulent or unauthorized means. No credit card, credit line, overdraft protection, or deposit account is associated with your Gift Card. Unused Gift Card balances are not transferable, and you may not sell a Gift Card or otherwise barter for its exchange although you may give a Gift Card to someone else as a gift. A Gift Card is void if copied, altered, transferred, purchased or sold. Purchases of Gift Cards are final and not refundable. We reserve the right to correct the balance of a Gift Card if we believe that a billing error has occurred, and we disclaim all liability for any such billing errors. Gift Cards and their use are subject to these Terms and use of a Gift Card constitutes acceptance thereof. Applicable terms and conditions are subject to change without notice. If the laws pertaining to a Gift Card require additional or different terms and conditions, then such terms and conditions shall apply. For questions or additional information, contact us at support@RemoteIn.com. In the event you do not use your Gift Card for a certain period of time, we may be required to turn over the remaining Gift Card balance to a state under such state's unclaimed or abandoned property law. Although your Gift Card does not expire, if we are obligated to turn over the remaining balance of your Gift Card under a state"s unclaimed property law, by operation of law we will be released from any further liability or obligation with respect to your Gift Card and you may be required to contact the state"s unclaimed property administrator to attempt to recover your unused Gift Card balance. To protect your right to continue to use your remaining Gift Card balance, we will make reasonable efforts to exempt your Gift Card from state unclaimed property laws.


 

7. Restrictions and Conditions of Use

 

7.1. Use Restrictions. RemoteIn permits you to view and use the Platform solely for your own personal or limited commercial use, as applicable, in either case not inconsistent with the intended purpose of the Platform. Furthermore, you agree that you will not:

(a) cause, permit or authorize the modification, creation of derivative works, translation, reverse engineering, decompiling, disassembling or hacking of the Platform;

(b) sell, assign, rent, lease, act as a service bureau, or grant rights in the Platform, including, without limitation, through sublicense, to any other person or entity without the prior written consent of RemoteIn;

(c) make any false, misleading or deceptive statement or representation regarding RemoteIn or the Platform;

(d) institute, assist, or become involved in any type of attack including, without limitation, denial of service attacks, upon the Platform (or any servers, systems or networks connected to the Platform) or otherwise attempt to obstruct, disrupt or interfere with the operation of the Platform or any other person’s or entity’s use of the Platform (or any servers, systems or networks connected to the Platform);

(e) attempt to gain unauthorized access to the Platform, accounts registered to other Users, or any servers, systems or networks connected to the Platform;

(f) use the Platform for any commercial purpose unless consistent with these Terms and the intended use of the Platform;

(g) use the Platform to develop, generate, transmit or store information that is defamatory, harmful, abusive, obscene or hateful;

(h) use the Platform to upload, post, e-mail or otherwise transmit any material that constitutes unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation or commercial electronic message;

(i)  breach any agreements you enter into with any third parties;

(j)  use the Platform for any unlawful, prohibited, abnormal or unusual activity as determined by RemoteIn in its sole discretion;

(k) use the Platform to engage in any activity that (i) constitutes harassment or a violation of privacy or threatens other people or groups of people; (ii) is harmful to children in any manner; (iii) constitutes phishing, pharming or impersonates any other person or entity, or steals or assumes any person’s identity (whether a real identity or online nickname or alias); or (iv) violates any applicable law, ordinance, rule, regulation, treaty or self-regulatory guidelines;

(l) improperly obtain or attempt to improperly obtain any information or data from the Platform including, without limitation, email addresses or mobile phone numbers of other Users;

(m) intercept, examine or otherwise observe any proprietary communications protocol used by the Platform, whether through the use of a network analyzer, packet sniffer or other device; or

(n) use any type of bot, spider, virus, clock, timer, counter, worm, software lock, drop dead device, Trojan horse, trap door, time bomb or any other codes, instructions or third party software that is designed to provide a means of surreptitious or unauthorized access to, or distort, delete, damage or disassemble, any aspect of the Platform.


 

8. Links

 

8.1. Links from the Platform. The Platform may contain links to websites operated by independent third parties. RemoteIn provides these links to other websites as a convenience and use of these websites is at your own risk. The linked websites are not under the control of RemoteIn and RemoteIn is not responsible for the content available on the other websites or services. Such links do not imply RemoteIn’s endorsement of information or material on any other website and RemoteIn disclaims all liability with regard to your access to and use of such linked websites. You understand and acknowledge that your access and use of linked websites and the services provided through these websites is governed by the terms of service and other agreements posted on such websites.

 

8.2. Links to the Platform. Unless otherwise set forth in a written agreement between you and RemoteIn, you must adhere to RemoteIn’s linking policy as follows: (a) the appearance, position and other aspects of any link to the App or the Site may not be such as to damage or dilute the goodwill associated with RemoteIn’s or its licensors’ names and trademarks; (b) the appearance, position and other attributes of the link may not create the false appearance that your organization or entity is sponsored by, affiliated with, or associated with RemoteIn; and (c) when selected by a User, the link to the Site must display the Site on full-screen and not within a “frame” on the linking website. RemoteIn reserves the right to revoke its consent to the link at any time and in its sole discretion (including any link on any social media networking platform). Furthermore, RemoteIn reserves the right to revoke or modify any link (including any vanity link) to the Platform or otherwise related to your Account (including any link on any social media networking platform).
 


9. RemoteIn Intellectual Property
 

9.1. Trademarks. The RemoteIn name and logo are trademarks and service marks of RemoteIn. Unless permitted in a separate written agreement with RemoteIn, you do not have the right to use any of RemoteIn’s trademarks, service marks or logos and your unauthorized use of any of these may be a violation of federal and state trademark laws.

 

9.2. Ownership. You acknowledge and agree that RemoteIn, or its licensors, owns all right, title and interest in and to the Platform, including all intellectual property, industrial property and proprietary rights recognized anywhere in the world at any time and that the Platform is protected by United States and international copyright laws. Further, you acknowledge that the Platform may contain information that RemoteIn has designated as confidential and you agree not to disclose such information without RemoteIn’s prior written consent.

 

9.3. Feedback. You may choose to, or RemoteIn may invite you to, submit comments, bug reports, ideas or other feedback about the Platform or any modifications, features or improvements thereto (“Feedback”). You agree that RemoteIn shall own any and all Feedback and RemoteIn shall have the right to use, in any manner and for any purpose whatsoever, any and all Feedback. You hereby assign to RemoteIn all right, title and interest that you may acquire in and to any Feedback.

 

9.4. Repeat Infringer Policy; Copyright Complaints. In accordance with the Digital Millennium Copyright Act and other applicable law, we have adopted a policy of terminating, in appropriate circumstances, the accounts of Users who repeatedly infringe the intellectual property rights of others. If you believe that anything on our Platform infringes any copyright that you own or control, you may notify RemoteIn as follows:


To:

RemoteIn Copyright Agent

9711 David Taylor Dr, Suite 111 #658
Charlotte, NC 28262
 

Telephone Number:

(833) 773-7749
 

E-Mail Address:

support@RemoteIn.com
 

Such notice must contain the following information:

  • your address, telephone number, and email address;

  • a description of the copyrighted work that you claim has been infringed;

  • a description of where the alleged infringing material is located;

  • a statement by you that you have a good faith belief that the disputed use is not authorized by you, the copyright owner, its agent, or the law;

  • an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; and

  • 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.


10. Privacy Policy

By accepting these Terms or using the Platform, you represent that you have read and consent to our Privacy Policy in addition to these Terms. RemoteIn may revise the Privacy Policy at any time, and a link to the new versions will be posted on the Site. If at any point you do not agree to any portion of the Privacy Policy, you must immediately stop using the Platform. By using the Platform, you agree to the then-current versions of these Terms and Privacy Policy, which will be posted on the Site.



11. Location

The Platform is operated by RemoteIn in the United States. In order for us to provide our Platform, you agree that we may transfer, use and store information about you in the United States and other countries, where you may not have the same rights and protections as you do under local law. If you choose to access the Platform from a location outside of the United States, you do so on your own initiative and you are responsible for compliance with applicable local laws; provided, however, that the Platform is not available to, and should not be accessed and used by, residents of the European Economic Area.



12. NO ENDORSEMENT; LIMITED WARRANTY; DISCLAIMER OF WARRANTIES
 

12.1. Although RemoteIn may display information about RSTs and may collect payments of Fees for services performed by RSTs, such actions do not in any way constitute RemoteIn’s sponsorship or approval of any RST. RemoteIn does not endorse or recommend any RST, and you agree that RemoteIn is not responsible for the accuracy or completeness of information displayed through the Platform with respect to the RST.

 

12.2. RemoteIn represents and warrants that our services (a) will be performed in a good and workmanlike manner, using the degree of skill, care, and judgment consistent with customarily accepted good business practices, and (b) will be free from defects. This limited warranty is valid for a period of seven (7) days following the date the services were performed. To make a claim under this limited warranty for any services performed, contact us at support@RemoteIn.com and we will arrange for a RST to re-perform the services at no additional charge. Such re-performance shall be the sole remedy for any claims made under this limited warranty.

 

12.3. YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE PLATFORM IS AT YOUR SOLE RISK AND THAT, EXCEPT AS SET FORTH IN SECTION 12.2, (A) THE PLATFORM IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, (B) TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, REMOTEIN EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS INCLUDING, WITHOUT LIMITATION, WARRANTIES AND CONDITIONS OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND THOSE ARISING FROM COURSE OF DEALING OR USAGE OF TRADE, (C) REMOTEIN MAKES NO WARRANTY AS TO THE ACCURACY, COMPLETENESS OR RELIABILITY OF ANY MATERIALS, INFORMATION OR DATA AVAILABLE THROUGH, OR THE PERFORMANCE OF, THE PLATFORM, AND (D) REMOTEIN DOES NOT REPRESENT OR WARRANT THAT (I) YOU WILL BE ABLE TO ACCESS OR USE THE PLATFORM AT THE TIMES OR LOCATIONS OF YOUR CHOOSING; (II) THAT OPERATION OF THE PLATFORM WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (III) YOUR USE OF THE PLATFORM WILL MEET YOUR REQUIREMENTS; (IV) DEFECTS IN THE OPERATION OF THE PLATFORM WILL BE CORRECTED; OR (V) THE PLATFORM IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

 

12.4. EXCEPT AS SET FORTH IN SECTION 12.2, EXPRESSLY DISCLAIMS ANY RESPONSIBILITY AND LIABILITY FOR THE WORK PERFORMED BY ANY REMOTEIN EMPLOYEE OR RST IN ANY MANNER, INCLUDING, BUT NOT LIMITED TO, COMPLIANCE WITH ANY LAW, REGULATION, OR CODE.

 

12.5. NEITHER REMOTEIN NOR ITS PARENTS, AFFILIATES OR LICENSORS, INCLUDING THEIR RESPECTIVE DIRECTORS, OFFICERS, STOCKHOLDERS, AGENTS, INVESTORS, SUBSIDIARIES, ATTORNEYS, REPRESENTATIVES, INSURERS, EMPLOYEES, AGENTS, SUCCESSORS AND ASSIGNS (HEREINAFTER REFERRED TO COLLECTIVELY AS “REMOTEIN PARTIES”) IS RESPONSIBLE FOR THE CONDUCT, ACTS, OR OMISSIONS, WHETHER ONLINE OR OFFLINE, OF ANY USER OF THE PLATFORM AND YOU HEREBY RELEASE REMOTEIN PARTIES FROM ANY AND ALL LIABILITY, CLAIMS, DEMANDS, OR DAMAGES OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH REMOTEIN OR THE PLATFORM.

 

12.6. REMOTEIN IS NOT RESPONSIBLE FOR THE PERFORMANCE OR COMMUNICATIONS OF RSTS, NOR DOES IT HAVE CONTROL OVER THE QUALITY, TIMING, LEGALITY, FAILURE TO PROVIDE, OR ANY OTHER ASPECT WHATSOEVER OF AGREEMENTS BETWEEN RSTS AND CUSTOMERS, NOR OF THE INTEGRITY, RESPONSIBILITY, COMPETENCE, QUALIFICATIONS, OR ANY OF THE ACTIONS OR OMISSIONS WHATSOEVER OF ANY RSTS, OR OF ANY RATINGS PROVIDED BY CLIENTS WITH RESPECT TO RSTS. REMOTEIN DISCLAIMS ANY AND ALL LIABILITY RELATING TO YOUR INTERACTIONS WITH ANY EMPLOYEES OR RSTS. ANY REPRESENTATIONS MADE TO YOU BY ANY RSTS ARE MADE SOLELY AT THE DISCRETION OF THE RSTS AND REMOTEIN HAS NO WAY TO MONITOR OR VALIDATE, AND SHALL NOT BE RESPONSIBLE OR LIABLE IN ANY WAY FOR, ANY REPRESENTATIONS OR STATEMENTS MADE TO YOU BY THE RSTS. YOU UNDERSTAND AND ACKNOWLEDGE THAT REMOTEIN SHALL HAVE NO LIABILITY TO YOU FOR ANY STATEMENTS OR REPRESENTATIONS MADE BY THE RSTS TO YOU AS A RESULT OF YOUR USE OF THE PLATFORM.

 

13. LIMITATION ON LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, REMOTEIN AND THE OTHER REMOTEIN PARTIES SHALL NOT BE LIABLE TO YOU UNDER ANY CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES, INCLUDING LOSS OF PROFITS, USE, DATA OR GOODWILL, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ACCESS TO OR USE OF THE PLATFORM, EVEN IF REMOTEIN OR THE OTHER REMOTEIN PARTIES HAVE BEEN ADVISED OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES OR DAMAGES. WITHOUT LIMITING THE FOREGOING, TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO CASE SHALL THE LIABILITY OF REMOTEIN OR ANY OF THE OTHER REMOTEIN PARTIES EXCEED, IN THE AGGREGATE, THE GREATER OF FIVE HUNDRED DOLLARS ($500) OR THE FEES ACTUALLY PAID BY CUSTOMER YOU FOR THE SERVICES.

THIS LIMITATION OF LIABILITY IS INTENDED TO APPLY WITHOUT REGARD TO WHETHER OTHER PROVISIONS OF THESE TERMS HAVE BEEN BREACHED OR HAVE PROVEN INEFFECTIVE OR IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW FOR LIMITED LIABILITY OR EXCLUSION OF CERTAIN WARRANTIES, CONDITIONS OR REPRESENTATIONS SO NOT ALL OF THE ABOVE LIMITATIONS MAY APPLY TO YOU. YOU ACKNOWLEDGE AND UNDERSTAND THAT THE DISCLAIMERS, EXCLUSIONS AND LIMITATIONS OF LIABILITY SET FORTH HEREIN FORM AN ESSENTIAL BASIS OF THE AGREEMENT BETWEEN THE PARTIES HERETO, THAT THE PARTIES HAVE RELIED UPON SUCH DISCLAIMERS, EXCLUSIONS AND LIMITATIONS OF LIABILITY, AND THAT ABSENT SUCH DISCLAIMERS, EXCLUSIONS AND LIMITATIONS OF LIABILITY, THE TERMS AND CONDITIONS OF THESE TERMS WOULD BE SUBSTANTIALLY DIFFERENT.



14. Indemnification

You agree to defend, indemnify and hold RemoteIn and the other RemoteIn Parties harmless from and against any and all claims, demands, liabilities damages and losses including, without limitation, reasonable attorneys’ fees, resulting from or arising out of (a) your use of the Platform; or (b) your breach of these Terms or any other policies that RemoteIn may issue for the Platform from time to time. You further agree to cooperate as required by RemoteIn in the defense of any claim. RemoteIn reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you, and you will not in any event settle any claim without the prior written consent of RemoteIn.



15. Governing Law; Jurisdiction

These Terms are governed by North Carolina law, without regard to conflict of laws principles. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. You and RemoteIn agree that, except as otherwise provided in Section 18 below, the state and federal courts located in Mooresville, North Carolina will have exclusive jurisdiction of all disputes arising out of or related to these Terms or your use of the Platform and agree to submit to the personal jurisdiction and venue of these courts. Notwithstanding the foregoing, RemoteIn shall be allowed to apply for equitable remedies (including injunctions) in any jurisdiction.



16. Binding Arbitration
 

16.1. Arbitration Procedures. You and RemoteIn agree that, except as provided in Section 16.4 below, all disputes, controversies and claims related to these Terms or the Platform (each a “Claim”) shall be finally and exclusively resolved by binding arbitration, which may be initiated by either party by sending a written notice requesting arbitration to the other party. Any election to arbitrate by one party shall be final and binding on the other. The arbitration will be conducted under the Streamlined Arbitration Rules and Procedures of JAMS that are in effect at the time the arbitration is initiated (the “JAMS Rules”) and under the terms set forth in these Terms. In the event of a conflict between the terms set forth in this Section 18 and the JAMS Rules, the terms in this Section 16 will control and prevail.


Except as otherwise set forth in Section 16.4, you may seek any remedies available to you under federal, state or local laws in an arbitration action. As part of the arbitration, both you and RemoteIn will have the opportunity for discovery of non-privileged information that is relevant to the Claim. The arbitrator will provide a written statement of the arbitrator’s decision regarding the Claim, the award given and the arbitrator’s findings and conclusions on which the arbitrator’s decision is based. The determination of whether a Claim is subject to arbitration shall be governed by the Federal Arbitration Act and determined by a court rather than an arbitrator. Except as otherwise provided in these Terms, (a) you and RemoteIn may litigate in court to compel arbitration, stay proceedings pending arbitration, or confirm, modify, vacate or enter judgment on the award entered by the arbitrator; and (b) the arbitrator’s decision shall be final, binding on all parties and enforceable in any court that has jurisdiction, provided that any award may be challenged if the arbitrator fails to follow applicable law.

 

16.2. Location. The arbitration will take place in Mooresville, North Carolina, unless the parties agree to video, phone or internet connection appearances.

 

16.3. LIMITATIONS. YOU AND REMOTEIN AGREE THAT ANY ARBITRATION SHALL BE LIMITED TO THE CLAIM BETWEEN REMOTEIN AND YOU INDIVIDUALLY. YOU AND REMOTEIN AGREE THAT (A) THERE IS NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE ARBITRATED ON A CLASS-ACTION BASIS OR TO UTILIZE CLASS ACTION PROCEDURES; (B) THERE IS NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE BROUGHT IN A PURPORTED REPRESENTATIVE CAPACITY OR AS A PRIVATE ATTORNEY GENERAL; AND (C) NO ARBITRATION SHALL BE JOINED WITH ANY OTHER ARBITRATION.

 

16.4. Exceptions to Arbitration. You and RemoteIn agree that the following Claims are not subject to the above provisions concerning negotiations and binding arbitration: (a) any Claim seeking to enforce or protect, or concerning the validity of, any of RemoteIn’s intellectual property rights; (b) any Claim related to, or arising from, allegations of theft, piracy, invasion of privacy or unauthorized use; and (c) any claim for equitable relief. In addition to the foregoing, either party may assert an individual action in small claims court for Claims that are within the scope of such court’s jurisdiction in lieu of arbitration.

 

16.5. Arbitration Fees. If you initiate arbitration for a Claim, you will need to pay the JAMS arbitration initiation fee. If we are initiating arbitration for a Claim, we will pay all costs charged by JAMS for initiating the arbitration. All other fees and costs of the arbitration will be charged pursuant to the JAMS Rules.

 

16.6. Severability. You and RemoteIn agree that if any portion of this Section 16 is found illegal or unenforceable (except any portion of Section 16.4), that portion shall be severed and the remainder of the Section shall be given full force and effect. If Section 16.4 is found to be illegal or unenforceable then neither you nor RemoteIn will elect to arbitrate any Claim falling within that portion of Section 16.4 found to be illegal or unenforceable and such Claim shall be exclusively decided by a court of competent jurisdiction within Los Angeles, California, United States of America, and you and RemoteIn agree to submit to the personal jurisdiction of that court.



17. General
 

17.1. No Partnership. You agree that no joint venture, partnership, employment, or agency relationship exists between you and RemoteIn as a result of these Terms or your use of the Platform.

 

17.2. Assignment. RemoteIn may assign its rights under these Terms to any person or entity without your consent. The rights granted to you under these Terms may not be assigned without RemoteIn’s prior written consent, and any attempted unauthorized assignment by you shall be null and void.

 

17.3. Severability. If any part of these Terms is determined to be invalid or unenforceable, then that portion shall be severed, and the remainder of these Terms shall be given full force and effect.

 

17.4. Attorneys’ Fees. In the event any litigation or arbitration is brought by either party in connection with these Terms, except as otherwise provided in Section 16.5, the prevailing party shall be entitled to recover from the other party all the reasonable costs, attorneys’ fees and other expenses incurred by such prevailing party in the litigation.

 

17.5. No Waiver. Our failure to enforce any provision of these Terms shall in no way be construed to be a present or future waiver of such provision, nor in any way affect our right to enforce the same provision at a later time. An express waiver by RemoteIn of any provision, condition or requirement of these Terms shall not be understood as a waiver of your obligation to comply with the same provision, condition or requirement at a later time.

 

17.6. Notices. All notices given by you or required under these Terms shall be in writing and sent to support@RemoteIn.com.

 

17.7. Export Administration. You must comply with all export laws and regulations of the United States or any other country (“Export Controls”) and you shall not export, direct or transfer any portion of the Platform, or any direct product thereof, to any destination, person or entity restricted or prohibited by the Export Controls.

 

17.8. Equitable Remedies. You acknowledge and agree that RemoteIn would be irreparably damaged if the terms of these Terms were not specifically enforced, and therefore you agree that we shall be entitled, without bond, other security, or proof of damages, to appropriate equitable remedies with respect to breaches of these Terms, in addition to such other remedies as we may otherwise have available to us under applicable laws.

 

17.9. Entire Agreement. These Terms, including the documents referenced in these Terms, constitute the entire agreement between you and RemoteIn with respect to the Platform and supersede any and all prior agreements between you and RemoteIn relating to the Platform.

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