Terms and Conditions

These Terms and Conditions ("Terms") constitute a legally binding agreement between you ("you," "your," or "User") and RemoteReps Inc., its subsidiaries and affiliates ("RemoteReps," "we," "our," and/or "us"). These Terms govern your access to and use of the website at https://www.remotereps.com (the "Site") and any related websites, features, applications, or online services owned or controlled by RemoteReps (collectively, the "Services").

By accessing or using our Services, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree to these Terms, you must not access or use the Services.

For information about how we collect, use, and protect your personal data, please refer to our Privacy Policy at https://remotereps.com/policy.

RemoteReps provides talent hiring, placement, and workforce management services. Through the Site, you may request a free strategy or consultation call, learn about our service offerings, access pre-vetted talent, and interact with resources we make available.

We reserve the right to modify, suspend, or discontinue any aspect of the Services at any time without prior notice. We shall not be liable to you or any third party for any such modification, suspension, or discontinuation.

Certain features of the Services may require you to create an account or provide personal information. You agree to provide accurate, current, and complete information and to update such information as necessary to keep it accurate.

You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to notify RemoteReps immediately of any unauthorized use of your account.

You must be at least 18 years of age to use the Services. By using the Services, you represent and warrant that you meet this age requirement.

Consent is collected through a checkbox on forms at remotereps.com, unchecked by default, at the point where someone requests a free strategy or consultation call. Messages are sent only to people who completed that form and relate only to their own inquiry: follow-up, appointment scheduling, confirmations, reminders, and related service updates. We do not send messages on behalf of third parties and we do not message people who did not opt in directly with us.

● Opt-In: By checking the SMS consent checkbox on our website forms and submitting the form, you provide express written consent to receive text messages from RemoteReps. Consent is not a condition of any purchase.

● Message Frequency: Message frequency varies based on your interaction with us and service updates related to your inquiry.

● Opt-Out: You can cancel the SMS service at any time. Just text “STOP” to our number. After you send the SMS message “STOP” to us, we will send you an SMS message to confirm that you have been unsubscribed.

● Help: If you are experiencing issues with the messaging program, you can reply with the keyword “HELP” for more assistance, or email support@remotereps.com.

● Rates: Message and data rates may apply for any messages sent to you from us and to us from you.

● SMS/Mobile Data Protection: No mobile information will be shared with third parties or affiliates for marketing or promotional purposes. All text messaging originator opt-in data and consent will not be shared with any third parties.

Program. RemoteReps sends text messages to people who have requested a free strategy or consultation call and have given express written consent through a form on remotereps.com. Messages cover inquiry follow-up, appointment scheduling, confirmations, reminders, and related service updates.

Consent. Consent is collected through an unchecked-by-default checkbox at the point of sign-up and is never a condition of purchasing any goods or services.

Frequency. Message frequency varies based on your interaction with us.

Cost. Message and data rates may apply. RemoteReps does not charge for the messages; your mobile carrier's rates apply.

Opt out. Reply STOP to any message to stop receiving texts. You will receive one confirmation message and no further messages after that.

Help. Reply HELP to any message, or email support@remotereps.com.

Carriers. Mobile carriers are not liable for delayed or undelivered messages.

Privacy. Mobile information and SMS consent are not shared with third parties or affiliates for marketing or promotional purposes. See our Privacy Policy.

When using the Services, you agree not to:

● Use the Services for any unlawful purpose or in violation of any applicable local, state, national, or international law or regulation.

● Impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity.

● Interfere with or disrupt the Services or servers or networks connected to the Services, or disobey any requirements, procedures, policies, or regulations of networks connected to the Services.

● Attempt to gain unauthorized access to any portion of the Services, other accounts, computer systems, or networks connected to the Services through hacking, password mining, or any other means.

● Harvest, collect, or scrape any information or data from the Services or our systems, or attempt to decipher any transmissions to or from the servers running the Services.

All content, features, and functionality of the Services — including but not limited to text, graphics, logos, icons, images, audio clips, data compilations, software, and the design, selection, and arrangement thereof — are the exclusive property of RemoteReps or its licensors and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

You may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Services without the prior written consent of RemoteReps, except as permitted by these Terms.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL REMOTEREPS, ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (A) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (B) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICES; OR (C) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT.

IN NO EVENT SHALL THE AGGREGATE LIABILITY OF REMOTEREPS EXCEED THE GREATER OF ONE HUNDRED U.S. DOLLARS (USD $100.00) OR THE AMOUNT YOU PAID REMOTEREPS, IF ANY, IN THE PAST SIX MONTHS FOR THE SERVICES GIVING RISE TO THE CLAIM.

You agree to defend, indemnify, and hold harmless RemoteReps and its subsidiaries, affiliates, officers, directors, employees, agents, licensors, and suppliers from and against any claims, actions or demands, liabilities, and settlements, including without limitation reasonable legal and accounting fees, resulting from or alleged to result from your use of the Services or your violation of these Terms.

We may terminate or suspend your access to the Services immediately, without prior notice or liability, for any reason, including without limitation if you breach these Terms.

Upon termination, your right to use the Services will immediately cease. All provisions of these Terms which by their nature should survive termination shall survive, including without limitation ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

These Terms shall be governed by and construed in accordance with the laws of the State of California, United States, without regard to its conflict-of-law provisions.

Any dispute arising out of or relating to these Terms or the Services shall be resolved exclusively in the state or federal courts located in San Diego County, California. You consent to the personal jurisdiction and venue of such courts.

We reserve the right to modify these Terms at any time. If we make material changes, we will update the "Last updated" date at the top of this page. Your continued use of the Services after any changes to these Terms constitutes your acceptance of the new Terms.

If you have any questions about these Terms, please contact us at: RemoteReps Inc., 120 Birmingham Dr STE 230, Cardiff, CA 92007. Phone: +1 (855) 311 REPS (7377). Email: legal@remotereps.com. Website: https://www.remotereps.com.

● "Controller," "Data Subject," "Personal Data," "Personal Data Breach," "Processing," "Processor," and "Supervisory Authority" – have the meanings given to them in the GDPR.

● "Data Protection Laws" – means the General Data Protection Regulation (EU) 2016/679 ("GDPR"), the UK GDPR, the Data Protection Act 2018, and other applicable data protection laws in the European Economic Area (EEA), the United Kingdom (UK), and Switzerland.

● "Data Subject Rights" – means all rights granted to Data Subjects by Data Protection Laws, including rights to access, rectification, erasure, restriction, portability, objection, consent withdrawal, and protection from automated decision-making.

● "International Data Transfer" – means any transfer of Client Personal Data from the EEA, UK, or Switzerland to another country, including onward transfers within that country.

● "Client Personal Data" – means any Personal Data subject to Data Protection Laws, for which Client is the Controller, and which is processed by RemoteReps to provide Services to Client.

● "Personnel" – means any natural person acting under the authority of RemoteReps.

● "Sensitive Data" – means any special category of Personal Data subject to additional restrictions under Data Protection Laws.

● "Standard Contractual Clauses (SCCs)" – means the clauses annexed to EU Commission Implementing Decision 2021/914, as amended or replaced.

● "Sub-processor" – means a Processor engaged by RemoteReps to process Client Personal Data.

● "Third-Party Controller" – means a Controller for whom Client is acting as a Processor.

● "UK Addendum" – means the UK International Data Transfer Addendum, issued by the UK Information Commissioner's Office (ICO) under the Data Protection Act 2018.

● This DPA applies to the Processing of Client Personal Data by RemoteReps for the provision of Services.

● Client is the Controller and appoints RemoteReps as a Processor to process Client Personal Data on its behalf.

● Where Client is a Processor acting for a Third-Party Controller, Client authorizes RemoteReps a Sub-processor to process the relevant Client Personal Data.

This DPA remains in effect as long as RemoteReps processes Client Personal Data on behalf of Client.

Client's Responsibilities

● Client must comply with applicable Data Protection Laws when collecting and processing Client Personal Data.

● Client must ensure that it has all necessary rights, consents, and authorizations for RemoteReps to process the data.

RemoteReps' Responsibilities

● RemoteReps will process Client Personal Data only as instructed by Client, unless required by law.

● If RemoteReps believes Client's instructions violate Data Protection Laws, it will notify Client.

● RemoteReps may charge a reasonable fee for processing additional Client instructions.

● Client authorizes RemoteReps to engage Sub-processors to assist in data processing.

● RemoteReps will enter into written agreements with all Sub-processors, ensuring compliance with Data Protection Laws.

● Client will be notified before a new Sub-processor is engaged, and may object within 30 days if it has reasonable concerns about compliance.

RemoteReps' Responsibilities

● RemoteReps will implement technical and organizational security measures to protect Client Personal Data against unauthorized access, disclosure, or loss.

● Security measures include: Encryption of data in transit and at rest; Access control mechanisms; Regular security audits and vulnerability assessments; Incident response and breach notification protocols.

Client's Responsibilities

● Client is responsible for ensuring that it configures and uses the Services in compliance with Data Protection Laws.

● RemoteReps will notify Client without undue delay after becoming aware of a Personal Data Breach involving Client Personal Data.

● RemoteReps will provide relevant details as available, including the nature of the breach, affected categories, and measures taken to mitigate.

● Upon termination of the Agreement, RemoteReps will delete or return all Client Personal Data within 30 days, unless required by law to retain it.

● Client must request a return of data within 30 days after termination.

RemoteReps shall make available to Client information necessary to demonstrate compliance with this DPA and allow for and contribute to audits as required by Data Protection Laws.

● RemoteReps may transfer and process Client Personal Data in other countries where it operates.

● Client authorizes RemoteReps to transfer data using: Countries with an EU adequacy decision; Standard Contractual Clauses (SCCs) for non-adequate countries; UK Addendum for UK data transfers.

● Client will send all notices under this DPA to: privacy@remotereps.com.

● RemoteReps will send all notifications to Client's designated contact in the Agreement.

● RemoteReps and Client will share liability for compliance failures in proportion to their responsibilities.

● Liability caps under this DPA are aligned with the limitations in the Agreement.

● RemoteReps may update this DPA as required by law or regulatory guidance.

● In case of a conflict, the terms of this DPA shall prevail over those in the Agreement.

This California Data Processing Addendum (the "Addendum") forms an addendum to part of the RemoteReps Agreement executed between the entity that executed the Agreement ("Client") and RemoteReps Inc. ("RemoteReps"), and is in furtherance of obligations under the California Consumer Privacy Act of 2018 (California Civil Code §§ 1798.100 to 1798.199) and its implementing regulations, as amended or superseded from time to time ("CCPA").

Definitions

● "Business," "Business Purpose," "Collect," "Consumer," "Deidentified," "Sale," "Sell," "Services," "Service Provider," and "Personal Information" have the meanings given to them in the CCPA.

● "Client Personal Information" means Personal Information provided by the Client to, or which is Collected on behalf of Client by, RemoteReps to provide Services to Client pursuant to the Agreement or to perform a Business Purpose.

Roles and Scope

● This Addendum applies only to the Collection, retention, use, disclosure, and Sale of Client Personal Information.

● The Parties acknowledge and agree that Client is a Business and appoints RemoteReps as a Service Provider to process Client Personal Information on behalf of Client.

● The Parties adopt this Addendum for as long as RemoteReps maintains Client Personal Information on behalf of Client.

Restrictions on Processing

Except as otherwise permitted by the CCPA, RemoteReps is prohibited from:

● Retaining, using, or disclosing Client Personal Information for any purpose other than for the specific purpose of performing the Services specified in the Agreement for Client.

● Further Collecting, Selling, or using Client Personal Information except as necessary to perform the Services.

Consumer Rights

RemoteReps shall provide commercially reasonable assistance to Client for the fulfillment of Client's obligations to respond to CCPA-related Consumer rights requests regarding Client Personal Information.

Indemnification

To the extent that the Agreement requires RemoteReps to Collect, use, retain, disclose, or reidentify any Client Personal Information as directed by Client, Client shall be solely liable and shall hold harmless and indemnify RemoteReps for any damages or reasonable costs arising from such actions.

Sale of Information

The Parties acknowledge and agree that the exchange of Personal Information between the Parties does not form part of any monetary or other valuable consideration exchanged between the Parties with respect to the Agreement or this Addendum.

Miscellaneous

● RemoteReps may modify the terms of this Addendum as provided in the Agreement.

● In case of any conflicts between the Agreement and this Addendum, the terms of this Addendum shall prevail.