Terms of Use

Welcome to Totally Remote HR, LLC ("Company," "we," "us," or "our"). Please carefully read these Terms of Use ("Agreement") before accessing or using our website, mobile application, or any other platform or service we provide (collectively, the "Services"). By accessing or using our Services, you acknowledge that you have read, understood, and agree to be bound by this Agreement. If you do not agree to these terms, please do not access or use our Services.

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These Terms of Service reflect the way Totally Remote HR, LLC works, the laws that apply to our business, and certain things we have always believed to be true. As a result, these Terms of Use help define Totally Remote HR’s relationship with you as you interact with our services/website. For example, these terms include the following topic headings:

• What you can expect from us, which describes how we provide and develop our services

• What we expect from you, which establishes certain rules for using our services

• Content in services, which describes the intellectual property rights to the content you find in our services — whether that content belongs to you, Totally Remtoe HR or others.

• In case of problems or disagreements, which describes other legal rights you have, and what to expect in case someone violates these terms

Understanding these terms is important because, by using our Websites and any Online Services, you’re agreeing to these terms.

Besides these Terms of Use, we also have a Privacy Policy. It is incorporated into these Terms of Use and we encourage you to read it to better understand how we protect your personal information and how you can exercise your privacy rights.

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AGREEMENT

This Agreement, sometimes referred to as “Terms of Use”, comprises the terms governing your use of our website (the “Website”). By continuing to use the Website, you accept and agree to the following terms and conditions, as may be revised from time to time:

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GENERAL

The Website is operated by Totally Remote HR. Throughout the site, the terms “we”, “us” and “our” refer to Totally Remote HR. Totally Remote HR offers the Websites, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

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By visiting the Website and using our Online Services, you engage in using the Website and agree to be bound by these Terms of Use, including those additional terms and conditions and policies referenced herein. Online Services include, but are not limited to, downloading free materials, connecting with us to hire a remote human resources professional, becoming a remote human resources professional or sending us a message (“Online Services”). These Terms of Use apply to all users of the Website, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.  Any new features, materials, tools which are added to the Website or Online Services shall also be subject to the Terms of Use.

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CONTENT

All text, graphics, images, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code (collectively, “Content”), including but not limited to the design, structure, selection, coordination, expression, “look and feel” and arrangement of such Content, contained on the Websites is owned, controlled or licensed by or to Totally Remote HR and is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws.

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ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

General

We are not responsible if information made available on the Website is not accurate, complete or current. The materials on the Websites are provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the materials on the Website is at your own risk.

The Website may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of the Website at any time, but we have no obligation to update any information on the Website. You agree that it is your responsibility to monitor changes to the Website.

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Services

Occasionally there may be information on the Website, Content or contained in Online Services that contains typographical errors, inaccuracies or omissions that may relate to descriptions, pricing, promotions, offers, and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Online Services or on any related website is inaccurate at any time without prior notice (including after you have connected).

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We undertake no obligation to update, amend or clarify information in the Online Services or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Online Services or on any related website should be taken to indicate that all information in the Online Services or on any related website has been modified or updated.

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MINORS

The Website offered by Company is not directed towards children under the age of 18. By using our Website, you are warranting you are at least 18 years of age.

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SERVICES

General

We cannot guarantee that your computer monitor’s display of any color will be accurate. Totally Remote HR reserves the right to correct any errors, inaccuracies, or omissions and to change or update information (including, without limitation, information related to text, pricing, availability and product descriptions) at any time without notice (including after you connected with us).

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Availability and Online Exclusives

Availability of our services is subject to change without notice and may only be available online.

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Limits on purchases and services

We reserve the right, but are not obligated, to limit the sales of our services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. Any offer for any service made on this site is void where prohibited.

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PRIVACY

Totally Remote HR’s Privacy Policy applies to use of the Website and Online Services unless otherwise noted. This Agreement incorporates the terms of the Privacy Policy by reference: link to privacy policy. Additionally, by using the Website, you acknowledge and agree that internet transmissions are never completely private or secure. You understand that any message or information you send to the Website may be read or intercepted by others, even if there is a special notice that a particular transmission (for example, credit card information) is encrypted.

 

THIRD-PARTY LINKS

Periodically, links may be established from the Website to one or other external websites or resources operated by third parties (the “Third-Party Sites”). Totally Remote HR provides these links for your convenience only. In addition, certain Third-Party Sites also may provide links to the Website. At no time shall any such inbound or outbound links be deemed to imply that Totally Remote HR endorses or approves the Third-Party Sites or any content therein. Totally Remote HR does not control and is not responsible or liable for, and does not make any representations or warranties concerning, any Third-Party Sites or any content, advertising, products, or other materials on or available from such third-party sites.

Access to any third-party sites is at your own risk. Totally Remote HR will have no liability arising out of or related to such Third-Party Sites to the fullest extent permissible by applicable law. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

 

Without limiting the foregoing, linking to the Website is strictly prohibited absent express written permission from Totally Remote HR. In addition, framing, in-line linking, or other association of the Website or its contents with links, advertisements, and/or other information not originating from the Website is expressly prohibited.

 

PROHIBITED USES

In addition to other prohibitions as set forth in the Terms of Use, you are prohibited from

1. using the Website, Content and/or Online Services:

   • for any unlawful purpose;

   • to solicit the performance of any illegal activity or other activity which infringes the rights of Totally Remote HR or others;

   • to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances;

   • to infringe upon or violate our intellectual property rights or the intellectual property rights of others;

   • to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;

   • to submit false or misleading information;

   • to collect or track the personal information of others;

   • to upload or transmit viruses or any other type of malicious code or take any other action that will or may be used in any way that will affect the functionality or operation of the Website, Content, Online Services or of any related website, other websites, or the internet;

   • to spam, deep-link, robot, phish, pharm, pretext, spider, crawl, page scrape or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to i) access, acquire, copy or monitor any portion of the Website or Content, ii) in any way reproduce or circumvent the navigational structure or presentation of the Website or Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Website, or iii) gain unauthorized access to any portion or feature of the Website, or any other systems or networks connected to the Website or to any Totally Remote HR server, or to any of the services offered on or through the Website; and/or

2. probing, scanning, or testing the vulnerability of the Website or any network connected to the Website, nor breach the security or authentication measures on the Websites or any network connected to the Website,

3. exploiting the Website or Online Services or information made available or offered by or through the Website, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided on the Website;

4. interfering with or circumventing the security features of the Website, Content, Services or any related website, other websites, or the Internet.

We reserve the right to terminate your use of the Website, Content, Online Services or any related website for violating any of the prohibited uses.

 

WARRANTIES

Services

We do not warrant that the quality of any services, information, or other material obtained by you will meet your expectations, or that any errors in the Online Services will be corrected. We do not guarantee, represent or warrant that your use of the Online Services will be uninterrupted, timely, secure or error-free. Additionally, we do not warrant that the results that may be obtained from the use of the Online Services will be accurate or reliable.

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You agree that from time to time we may remove Online Services for indefinite periods of time or cancel any Online Services at any time, without notice to you.

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You expressly agree that your use of, or inability to use, the Online Services is at your sole risk. The services and services delivered to you through Online Services are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a

particular purpose, durability, title, and non-infringement.

 

Third Party Tools

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input. You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

Any use by you of third-party tools offered through the Website is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

 

Website

By using the Website, you understand and agree that the Website and Content are provided “as is” and “as available.” All Content and information provided on the Website is subject to change without notice.

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Neither Totally Remote HR, its affiliates, subsidiaries, employees, officers, members, or trustees nor any of its agents, representatives, suppliers, advertisers, contractors, promotional partners, or licensors provide any express or implied representation or warranty of any kind, including without limitation, any representation or warranty that (I) the Website or Content, or any results that may be obtained by you, are complete, accurate, reliable or non-infringing; (ii) access to the Website will be uninterrupted, timely, secure, or error free; (iii) the quality of any products, services, information or other material purchased or obtained by you through the Website will meet your expectations; (iv) the information, software, or other material available on or accessible through the Website is free of viruses, worms, Trojan horses, or other harmful components; or (v) Content will remain unchanged or accessible on the Website. All warranties, express or implied, are disclaimed to the fullest extent permitted by law including, without limitation, any warranty of merchantability, fitness for a particular purpose, and/or non-infringement of intellectual property. You understand and agree that the Totally Remote HR will have no liability for any negligence or lack of due care in failing to protect the security of the Websites.

 

LIMITATION OF LIABILITY

In no case shall Totally Remote HR, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable, and disclaim any liability, for any claim, loss or damage, direct or indirect, including, without limitation, compensatory, consequential, incidental, indirect, special, exemplary or punitive damages of any kind whatsoever in connection with, as a result of, or arising (I) out of the use of or inability to use the Website and/or any Content; (ii) from any interruption in the availability of the Website and/or Content; (iii) from any loss of data and/or from any equipment failure; (iv) out of the procurement of substitute goods or services resulting from any problems with the goods, content and/or services purchased or obtained from the Website, or transactions entered into, through or from the Website; (v) from unauthorized access to or alteration of your transmissions or data; (vi) from statements or conduct of any third party on the sites; (vii) from any delay or failure of the Website arising out of causes beyond Totally Remote HR’s control; (viii) out of the use of, reference to, or reliance on, the Content; (ix) out of any third party materials, information, products and services contained on, or accessed through, the sites (x) out of any content, materials, accuracy of information, and/or quality of the products, services or materials provided by or advertised on Third-Party Sites; or (xi) out of any other matter relating to the Website or Content.

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In the event you are dissatisfied with, or dispute, these terms of use, the Website and/or the Content, your sole right and exclusive remedy is to terminate your use of the Website, the Content, or Online Services, even if that right or remedy is deemed to fail of its essential purpose. You confirm that there is no other obligation, liability or responsibility to you or any other party.

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Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law. No action, regardless of form, arising out of the transactions under this Agreement may be brought by you more than twelve (12) months after the cause of action first arose.

 

INDEMNIFICATION

You agree to indemnify, defend and hold harmless Totally Remote HR and our subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of material you post, transmit or otherwise make available through the Website, and any claim or demand relating to your use of the Website, your connection to the Website, any content or services provided through the Website, your breach of these Terms of Use or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

 

BINDING AGREEMENT

You and we agree, pursuant to the E-Sign Act (‘the Electronic Signatures in Global and National Commerce Act’, as it may be amended from time to time), to treat electronic tokens of assent from you and from us, as binding expressions of assent by you and by us to contracts.

 

SEVERABILITY

In the event that any provision of these Terms of Use is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Use, such determination shall not affect the validity and enforceability of any other remaining provisions.

 

ENTIRE AGREEMENT

Our failure to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision.

These Terms of Use and any policies or operating rules posted by us on the Website or in respect to the Website and Online Services constitutes the entire agreement and understanding between you and us and govern your use of the Website and Online Services, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Use).

 

GOVERNING LAW

The Website and Online Services, any information provided from it and these Terms of Use are given and made in Massachusetts, U.S.A. This Agreement is subject to Massachusetts law, without regard to its choice of law provisions, and suit, if any, must be brought exclusively within the courts of the State of Massachusetts, Suffolk County. You agree to submit to the jurisdiction of the courts located in the State of Massachusetts.

 

CHANGES TO TERMS OF USE

You can review the most current version of the Terms of Use at any time on this page. We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Use by posting updates and changes to the Website. It is your responsibility to check the Website periodically for changes. Your continued use of or access to the Website or the Services following the posting of any changes to these Terms of Use constitutes acceptance of those changes.

 

CONTACT INFORMATION

Questions about the Terms of Use should be sent to us at totallyremotehr@gmail.com