THE FOLLOWING DESCRIBES THE TERMS ON WHICH REMOTEHIREMAN OFFERS YOU ACCESS TO ITS SERVICES.
Welcome to the user agreement (the "Agreement" or "User Agreement") for RemoteHireMan.
This Agreement describes the terms and conditions applicable to your use of the services
available under the domain and sub-domains of www.remotehireman.com (the "Site") and
the general principles for the websites of subsidiaries and international
affiliates. If you do not agree to be bound by the terms and conditions of this Agreement,
do not use or access our services.
If you have any questions, please refer to our Frequently Asked Questions or
our Forum.
You must read, agree with and accept all of the terms and conditions contained in this User
Agreement and the Privacy Policy, which include those terms and conditions expressly set
out below and those incorporated by reference, before you may become a member of RemoteHireMan.
We strongly recommend that, as you read this User Agreement, you also access and read
the information contained in the other pages and websites referred to in this document,
as they may contain further terms and conditions that apply to you as a Remotehireman user.
Please note: underlined words and phrases are links to these pages and websites.
By accepting this User Agreement, you also agree that your use of other Remotehireman
websites will be governed by the User Agreement and Privacy Policy posted on those websites.
We may amend this Agreement at any time by posting the amended terms on the Site. Except
as stated below, all amended terms shall automatically be effective 30 days after they
are initially posted on the Site. In addition, we will notify you in accordance with
your Notification Preferences. This Agreement may not be otherwise amended except in a
writing signed by you and RHM. This Agreement is effective upon acceptance in
registration for new registering users, and is otherwise effective on March 1st,
2005 for all users.
The previous amendment to this Agreement was effective for
all users on March 1st, 2005.
- Membership Eligibility
- Fees and Services
- RHM is a Venue
- Bidding and Buying
- Copyright Negotiations
- Status Reports
- Install Packages
- Deliverables
- Listing and Selling
- Your Information
- Access and Interference
- Feedback
- Breach
- Privacy
- No Warranty
- Liability Limit
- Indemnity
- Legal Compliance
- No Agency
- Notices
- Resolution of Disputes
- Additional Terms
- General
- Disclosures
- Membership Eligibility
-
Our services are available only to, and may only be used by individuals who can form legally
binding contracts under applicable law. Without limiting the foregoing, our services
are not available to children (persons under the age of 18) or to temporarily
or indefinitely suspended RHM members. If you are a under the age of 18,
you can use this service only in conjunction with, and under the supervision
of your parents or guardians. If you do not qualify, please do not use our
Site. Further, your RHM account (including feedback) and User ID may not
be transferred or sold to another party. If you are registering as a
business entity, you represent that you have the authority to bind
the entity to this Agreement.
- Fees and Services
-
Joining and bidding on items at RHM is free. We do charge fees for accepting services
through our Site.
Our Fees and Credits Policy is available and is incorporated into this
Agreement by reference. We may change our Fees and Credits Policy
and the fees for our services from time to time. Our changes to
the policy are effective after we provide you with at least
fourteen (14) days' notice of the changes by posting the
changes on the Site. However, we may choose to temporarily
change our Fees and Credits Policy and the fees for our
services for promotional events and such changes are effective when
we post the temporary promotional event on the Site.
We may in our sole discretion change some or all of
our services at any time. In the event we introduce
a new service, the fees for that service are effective
at the launch of the service. Unless otherwise stated,
all fees are quoted in EUR. You are responsible
for paying all fees associated with using our service and
the Site and all applicable taxes.
- RHM is a Venue
-
- RHM is not an Auctioneer
Although we can be referred to as an online auction web site,
it is important to realize that we are not a traditional "auctioneer."
Instead, the Site acts as a venue to allow anyone to offer, sell, and
buy just about any services, at anytime, from anywhere, in a variety of
pricing formats, including a fixed price format and an auction-style
format commonly referred to as "online auctions" or "auctions."
We are not involved in the actual transaction between buyers and
sellers. As a result, we have no control over the quality, safety
or legality of the items advertised, the truth or accuracy of the
listings, the ability of sellers to sell services or the ability of
buyers to pay for services. We cannot ensure that a buyer or seller
will actually complete a transaction. Consequently, we do not
transfer legal ownership of services from the seller to the buyer.
- Fixed Price Marketplace
We also offer you the availability to purchase services at a fixed price from a
service on an area of the Site called 'Fixed Price' or 'Price a project' on RHM. This area is
a venue that allows users to find and purchase services from other users
at a fixed price given by the buyer. Terms and conditions for
this feature are the same as the Auction procedure except the fact that you do not deal about the price.
You basically bid with your experience and skills.
- Off Auction
Same rules apply for this type of 'auction', the difference is made by not providing the link
of the request description to the public but to specific sellers or teams of sellers only.
- Challenge
This type of auction is based only on the skills and rapidity of the seller(s), by default sellers do not bid
but they can directly work on the project. At the deadline only the buyer will choose the seller.
Because this type of auction implies the work being done without being paid for several people, sellers while registering
for a 'Challenge' agree with the terms here and fully indemnify RHM of all responsibility concerning this feature.
On the other hand buyer accept to choose at least one seller from the participants even if the buyer is not fully satisfied.
- Hire a Man (Salary)
Same rules as the 'auction' except for the deadline which is based on a specific interval. When a seller bids
on this type of auction then he 's actually dealing a price per period of work for the project. The buyer
for this type of auction accepts to escrow the specific amount before a new interval starts or
initiates an arbitration which will take the last period of work in consideration only. The amount dealt is
transfered to the seller by the end of the period automatically WITHOUT THE NEED OF ACCEPTING THE WORK. If the progress
or the work by the end of a period is not satisfying the buyer then the buyer accept to trigger an arbitration before the end of the current period.
As the transaction is made automatically, a way for the buyer to make sure the work is in good progress, the buyer can
set a period of status report along with the period of payment.
- Bug Fixation
Same rules as the 'Off auction' apply for this specific 'auction' where at first only the seller who provided
the buggy project which was accepted before, is informed of this 'new request'.
- Forum Question
Rules for a Forum question are quite different as there are actually no bids made for such request. The buyer
can choose to reward a question in which case he accepts to escrow money before the question made available to
the public; the seller when answering to a forum question agrees that he may not be paid for his answer.
As the buyer does not have to pay, RHM made a special scheme of evaluation to make the forum a fair and usefull place
for the RHM members.
- Identity Verification
We use many techniques to verify the accuracy of the information our users provide
us when they register on the Site. However, because user verification on the
Internet is difficult, RHM cannot and does not confirm each user's purported
identity. Thus, we have established a user-initiated feedback system to help
you evaluate with whom you are dealing. We also encourage you to communicate
directly with potential trading partners through the tools available on the Site.
RHM makes you use an escrow system that will insure your transactions.
- Release
Because we are a venue, in the event that you have a dispute with one or more users,
you release RHM (and our officers, directors, agents, subsidiaries, joint ventures
and employees) from claims, demands and damages (actual and consequential) of every
kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed,
arising out of or in any way connected with such disputes.
- Information Control
We do not control the information provided by other users that is made available through
our system. You may find other user's information to be offensive, harmful,
inaccurate, or deceptive. Please use caution, common sense, and practice safe
trading when using the Site. Please note that there are also risks of dealing
with underage persons or people acting under false pretense. Additionally, there
may also be risks dealing with international trade and foreign nationals. By using
this Site, you agree to accept such risks and RHM is not responsible for the acts
or omissions of users on the Site.
- Bidding and Buying
-
As a buyer, you are obligated to complete the transaction with the seller:
* if you purchase a service through one of our fixed price formats (Challenge) or
* if you elect the highest bidder at the end of an auction (reverse auction: highest bidder means best offer at the sole
discretion of the buyer), unless the service is listed in a
category under the Non-Binding Bid Policy or the transaction is prohibited by law or by this Agreement.
Upon acceptance of a bid, price or fixed amount the Purchaser will provide funds for escrow with RHM.
By bidding on a request you agree to be bound by the conditions of sale included in the
request's description and agreement so long as those conditions of sale are not
in violation of this Agreement or unlawful. Unless you and the seller agree otherwise,
you will become the request's lawful owner upon physical receipt of the service from the seller.
- Copyright Negotiations
-
Copyright Negotiations:
Buyer and Seller may agree to the transfer of intellectual property
rights by negotiating and/or documenting the terms in the 'complete request'
on the site. Both parties agree to bind themselves to
such an agreement and the local and International laws that may apply. Both
parties also acknowledge that the agreement is exclusively between themselves
and the other party and does not involve RHM. While RHM reserves the right to take
action against a party that breeches a copyright agreement under the rules against 'fraud',
both parties fully indemnify RHM of all responsibility and reprecusions of a breech
by the opposite party.
Additional Copyright Indemnification of Work Produced for the buyer:
Seller warrants and represents that all work produced for the buyer (including but not limited to code,
algorithms, ideas and/or any other item used to create their deliverables to the buyer)
are original works of authorship created by Seller and that the works do not violate any rights,
including but not limited to copyight rights, of any nonconsenting third party. Seller agrees
to properly declare, explain and receive acceptance from the buyer via the site, of any "Third Party Code" per
the following section.
Third Party Code:
If the Seller wishes to use 3rd party items (including but not limited to 3rd
party components, GNU licensed code, etc.), then the Seller agrees to first confer with the buyer and:
- Explain which items in the request the Seller wishes to use 3rd party items for,
and which 3rd party items would be involved.
This must be documented on the site via the site system.
- Explain to the buyer the cost, copyright, distribution and licensing issues
concerned with the use of such items. (For example, many buyers do not want GNU
licensed code in their deliverables once they understand the licensing issues involved...so
it needs to be explained to them what they would be receiving).
If the seller is unclear on any of the above issues, they can optional post the official
documentation regarding the issue(s) in question directly from the 3rd party code license or
other official documentation. This allows the buyer to make their own determination.
Either way, this explanation must be documented on the site via the site bidding system.
Have the buyer confirm agreement, to the use of any 3rd party items which the two parties agree to.
This must be documented on the site via the site bidding system.
Should arbitration occurs and the Seller not follows these rules, RHM may immediately arbitrate
in favor of the buyer, as well as consider punitive actions against the Seller.
- Status Reports
-
To keep the buyer appraised of progress on longer term projects, the Seller is responsible for filling a
status report via Remotehireman site (via the Comments MB), on every period indicated during the request
while work is being done. Should the Seller neglect to file one or more reports on time,
or not file them on Remotehireman, the buyer and/or RHM may choose to cancel
the request, resulting in the seller not being paid for the work.
Additionally, RHM may apply any Seller rating penalties it deems appropriate.
The buyer may choose to waive the status report requirement on a particular bid
request from the bid request page. Should the buyer waive the status report
requirement for the bid request, then the seller is no longer responsible for
filling it.
- Install Packages
-
As most buyers are not technologically savvy, the Seller is also responsible
for creating an installing package that will install the software, in 100% ready-to-run
condition, on the platform(s) specified by the buyer on the bid request. Note
that this requirement can be waived by the Seller if documented via the bidding
system or the bid request description.
- Deliverables
-
To avoid a buyer dispute over delivery, Seller agrees to upload the
entire and complete deliverables at the time of work completion
(or each milestone's completion) to the site. RHM cannot overemphasize
the importance of doing so. Should a seller choose not to do so
(despite this agreement) and the buyer disputes delivery,
Seller agrees that they (and not RHM) will be liable for the entire amount.
RHM will deduct all such disputed monies from the seller's account.
If the seller's account is insufficient to cover the funds the seller
will be asked to cover the remainder from their personal funds.
If seller cannot or will not cover the remainder from their private funds,
RHM may pursue all and any means at its disposal to collect the funds
including legal remedies.
- Delivery Deadlines
The buyer may set a deadline for delivery of the deliverables
in some portion of the 'Entire Bid Request'
(see below for the definition of this term).
The Seller agrees to deliver 100% of agreed upon
deliverables to the site on or before the delivery deadline.
If the buyer uses the formal "due in # of days" field of the bid request to specify
this deadline, then the delivery date is posted on the bid request itself.
By bidding, the Seller agrees to this due date. The due date is calculated
as the # of days (24 hour periods or dd-hh-mm period for Forum) from the time work begins.
Work is defined as having "begun" after all funds are completed escrowed
and all security verifications have been completed.
Buyer and Seller may also use the bidding/comment feature
of the site to negotiate a delivery deadline. If so, then the
deadline must be mutually agreed upon by both buyer and Seller.
Both parties are highly advised to be clear and explicit when
setting a deadline in this manner. If there is a dispute
over anything regarding the deadline, RHM (at it's sole discretion)
will be the final determiner of any disputed meaning (per the rules
of arbitration stated below).
- Extending Deadlines
Managing the deadline is the Seller's responsibility.
If the Seller cannot deliver 100% of agreed upon deliverables
by the deadline but feels that the buyer may be lenient and
allow the deadline to be extended, then it is the Seller's
responsibility to inform the buyer as soon as possible,
negotiate the change and receive the buyer's acceptance on-site...
somewhere in the 'Entire Bid Request'. If the Seller is unable
or unsuccessful in doing so, then the original deadline stands.
- Listing and Selling
-
- Listing Description
You must be legally able to buy the service(s) you list for purchase on the Site.
You must describe your request and all terms of purchase on the listing page of the
Site. Your listings may only include text descriptions and other content relevant
to the purchase of that service. All listed requests must be
listed in an appropriate category.
- Binding Bids
Except for requests listed in a category under the Non-binding Bid Policy,
if you receive at least one bid,
you are obligated as the buyer to complete the transaction with the
highest bidder (best offer according to the mechanism of reverse auction)
upon the auction's completion, unless there is an exceptional
circumstance, such as: (a) the seller fails to meet the terms of your listing.
- Fraude
Without limiting any other remedies, RHM may suspend or terminate your account
if we suspect that you (by conviction, settlement, insurance or escrow investigation,
or otherwise) have engaged in fraudulent activity in connection with the Site.
- Your Information
-
- Definition
"Your Information" is defined as any information you provide to us or other users in
the registration, bidding or listing process, in any public message area
(including the Forum or the feedback area) or through any email feature. You
are solely responsible for Your Information, and we act as a passive conduit
for your online distribution and publication of Your Information.
- Restricted Activities
Your Information (or any requests listed) and your activities on the Site shall not:
(a) be false, inaccurate or misleading;
(b) be fraudulent or involve the sale of counterfeit or stolen items;
(c) infringe any third party's copyright, patent,
trademark, trade secret or other proprietary rights or rights of publicity or privacy;
(d) violate any law, statute, ordinance or regulation (including, but not limited to,
those governing export control, consumer protection, unfair competition, antidiscrimination
or false advertising);
(e) be defamatory, trade libelous, unlawfully threatening or unlawfully
harassing;
(f) be obscene or contain child pornography or, if otherwise adult in nature or
harmful to minors;
(g) contain any viruses, Trojan horses,
worms, time bombs, cancelbots, easter eggs or other computer programming routines that may damage,
detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal
information;
(h) create liability for us or cause us to lose (in whole or in part) the services of our
ISPs or other suppliers;
(i) link directly or indirectly to or include descriptions of
goods or services that:
(aa) are prohibited under this Agreement;
(bb) are concurrently listed for purchase on a web site
other than RHM's (this does not prevent linking to or advertising an RHM request from another
web site);
(cc) you do not have a right to link to or include. Furthermore, you may not
list any request on the Site (or consummate any transaction that was initiated using
our service) that, by paying to us the listing fee or the final value fee, could cause
us to violate any applicable law, statute, ordinance or regulation, or that violates
our current Prohibited, Questionable and Infringing Items.
Should a buyer, against the wishes of RHM, post such a request, choose a seller
and escrow funds, then the buyer agrees that RHM may cancel the request at any time. The buyer also agrees
that they forfeit rights to some or all of the funds (as detailed below) as well as forfeit
all rights to any deliverables. Additionally, the buyer will be ejected from the site under the terms
of 'fraud' and may be reported by RHM to the proper authorities.
The forfeited fund amount shall be determined as follows, and is designed to fairly compensate a
non-complicit seller. If RHM determines that the seller is not complicit, then RHM will determine the
percentage of work completed by the seller. That amount will be deducted from the buyer's funds. RHM
will award the percentage to the seller (minus any applicable RHM fee as detailed elsewhere). Any
remainder will be returned to the buyer (minus any cancellation fee as detailed elsewhere). Thus the buyer
is solely responsible for such happening.
If RHM determines the seller was complict then the seller will receive no credits and the entire amount
will be returned to the buyer (minus any cancellation fee as detailed elsewhere).
- License
Solely to enable RHM to use the information you supply us with, so that we are not
violating any rights you might have in that information, you agree to grant us a
non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable
(through multiple tiers) right to exercise the copyright, publicity, and database
rights (but no other rights) you have in Your Information, in any media now known
or not currently known, with respect to Your Information. RHM will only use Your
Information in accordance with our Privacy Policy.
- Access and Interference
-
The Site contains robot exclusion headers. Much of the information on the Site
is updated on a real time basis and is proprietary or is licensed to RHM by
our users or third parties. You agree that you will not use any robot, spider,
scraper or other automated means to access the Site for any purpose without our
express written permission. Additionally, you agree that you will not: (i) take
any action that imposes, or may impose in our sole discretion an unreasonable or
disproportionately large load on our infrastructure; (ii) copy, reproduce, modify,
create derivative works from, distribute or publicly display any content (except for
Your Information) from the Site without the prior expressed written permission of RHM
and the appropriate third party, as applicable; (iii) interfere or attempt to interfere
with the proper working of the Site or any activities conducted on the Site; or (iv)
bypass our robot exclusion headers or other measures we may use to prevent or restrict
access to the Site.
- Feedback
-
- Integrity
You may not take any actions that may undermine the integrity of the feedback system.
We may limit the number of bids and listings you may place on the Site based upon
the level of your feedback. If you earn a net feedback rating under 3 after at least 2 ratings,
your membership may be suspended, and you may be unable to list or bid.
- Export
You acknowledge that your feedback consists of comments left by other
users and a composite feedback number compiled by RHM, and that the
composite number without the comments does not convey your full user
profile. Because feedback ratings are not designed for any purpose
other than for facilitating trading between RHM users, you agree
that you shall not market or export your RHM feedback rating in
any venue other than an RHM operated website.
- Import
We do not provide you the technical ability to import feedback from
other (non-RHM operated) websites to RHM because a composite number,
without the corresponding feedback does not reflect your true online
reputation within our community.
- Breach
-
Without limiting other remedies, we may limit your activity, immediately remove
your bids or item listings, warn our community of your actions, issue a warning,
temporarily suspend, indefinitely suspend or terminate your membership and refuse
to provide our services to you if:
(a) you breach this Agreement or the documents
it incorporates by reference;
(b) we are unable to verify or authenticate any
information you provide to us;
(c) we believe that your actions may cause
financial loss or legal liability for you, our users or us.
- Privacy
-
We do not sell or rent your personal information to third parties for their
marketing purposes without your explicit consent and we only use your
information as described in the Privacy Policy. We view protection of
users' privacy as a very important community principle. We understand
clearly that you and your information is one of our most important assets.
We store and process your information on our computers that are protected by physical
as well as technological security devices. We use third parties to verify and certify our privacy principles.
Our current Privacy Policy is available at Privacy Policy.
If you object to your Information being transferred or used in this way please do not use our services.
- No Warranty
-
WE PROVIDE OUR WEB SITE AND SERVICES "AS IS" AND WITHOUT ANY WARRANTY OR
CONDITION, EXPRESS, IMPLIED OR STATUTORY. WE SPECIFICALLY DISCLAIM ANY
IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE AND NON-INFRINGEMENT. Some states do not allow the disclaimer of
implied warranties, so the foregoing disclaimer may not apply to you.
This warranty gives you specific legal rights and you may also have
other legal rights that vary from state to state.
- Liability Limit
-
IN NO EVENT SHALL WE BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL
OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH OUR SITE,
OUR SERVICES OR THIS AGREEMENT (HOWEVER ARISING, INCLUDING NEGLIGENCE).
OUR LIABILITY TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE
IS LIMITED TO THE GREATER OF (A) THE AMOUNT OF FEES YOU PAY TO US IN THE
12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, AND (B) $100.
Some States do not allow the exclusion or limitation of incidental or
consequential damages, so the above limitation or exclusion may not apply to you.
- Indemnity
-
You agree to indemnify and hold us and (as applicable)
affiliates, officers, directors, agents, and employees, harmless from any claim
or demand, including reasonable attorneys' fees, made by any third party due to
or arising out of your breach of this Agreement or the documents it incorporates
by reference, or your violation of any law or the rights of a third party.
- Legal Compliance
-
You shall comply with all applicable domestic and international laws,
statutes, ordinances and regulations regarding your use of our service
and your bidding on, listing, purchase, solicitation of offers to purchase,
and sale of services.
-
No Agency
-
You and RHM are independent contractors, and no agency, partnership,
joint venture, employee-employer or franchiser-franchisee relationship
is intended or created by this Agreement.
- Notices
-
Except as explicitly stated otherwise, any notices shall be given by postal mail
to RHM Attn: Legal Department ADDRESS (in the case
of RHM) or to the email address you provide to RHM during the registration process
(in your case). Notice shall be deemed given 24 hours after email is sent, unless the
sending party is notified that the email address is invalid. Alternatively, we may
give you notice by certified mail, postage prepaid and return receipt requested, to
the address provided to RHM during the registration process. In such case, notice
shall be deemed given 3 days after the date of mailing.
- Resolution of Disputes
-
In the event a dispute arises between you and RHM, our goal is to provide you
with a neutral and cost effective means of resolving the dispute quickly.
Accordingly, you and RHM agree that any claim or controversy at law or
equity that arises out of this Agreement or our services ("Claims") shall
be resolved in accordance with one of the subsections below or as otherwise
mutually agreed upon in writing by the parties. Before resorting to these
alternatives, we strongly encourage you to first contact us directly to seek
a resolution and we will consider reasonable requests to resolve the dispute
through alternative dispute resolution procedures, such as mediation, as an
alternative to litigation.
- Binding Arbitration
For any Claim (excluding Claims for injunctive or other equitable relief) where
the total amount of the award sought is less than $10,000, you or RHM may
elect to resolve the dispute through binding arbitration conducted by telephone,
on-line and/or based solely upon written submissions where no in-person appearance
is required. In such cases, the arbitration shall be administered by the French
Arbitration Association in accordance with their applicable rules, or any
other established ADR provider mutually agreed upon by the parties. Any judgment on
the award rendered by the arbitrator may be entered in any court having jurisdiction
thereof.
- Court
Alternatively, any Claim may be adjudicated by a court of competent jurisdiction
located in France. You and RHM agree to submit to the personal jurisdiction of the
courts located within the county of France.
- Alternative Dispute Resolution
Alternatively, RHM will consider use of other alternative forms of dispute resolution,
such as binding arbitration to be held in France.
All Claims (excluding requests for injunctive or equitable relief) between the parties
must be resolved using the dispute resolution mechanism that is selected in accordance
with this Section by the first party to file a Claim. Should either party file an action
contrary to this Section, the other party may recover attorneys' fees and costs
, provided that the party seeking the award has notified the other party in writing
of the improperly filed Claim, and the other party has failed to withdraw the Claim.
- Additional Terms
-
The following policies are incorporated into this Agreement by reference and provide
additional terms and conditions related to specific services offered on the Site:
Escrow Policy: Escrow Policy
Privacy Policy: Privacy Policy
Board Usage Policy: Board Usage Policy
Dispute Resolution Policy: Dispute Resolution Policy
Feedback Policies Feedback Policies
Each of these policies may be changed from time to time and are effective immediately
after we post the changes on the Site, except for the Privacy Policy for which
we will provide you with thirty days prior notice. In addition, when using particular
services on the Site, you agree that you are subject to any posted policies or rules
applicable to services you use through the Site, which may be posted from time to time.
All such posted policies or rules are hereby incorporated by reference into this Agreement.
- General
-
This Agreement shall be governed in all respects by the laws of the Country of
France as such laws are applied to agreements entered into and to be performed
entirely within France between French residents. We do not guarantee continuous,
uninterrupted or secure access to our services, and operation of the Site may be
interfered with by numerous factors outside of our control. If any provision of
this Agreement is held to be invalid or unenforceable, such provision shall be
struck and the remaining provisions shall be enforced. You agree that this
Agreement and all incorporated agreements may be automatically assigned by
RHM in accordance with Section "Notices", in our sole discretion, Headings
are for reference purposes only and in no way define, limit, construe or describe
the scope or extent of such section. Our failure to act with respect to a breach
by you or others does not waive our right to act with respect to subsequent or
similar breaches. This Agreement sets forth the entire understanding and agreement
between us with respect to the subject matter hereof. Sections (Fees and Services)
with respect to fees owed for our services, (Release), (License), (Access
and Interference), (Liability Limit),(Indemnity) and (Resolution of Disputes)
shall survive any termination or expiration of this Agreement.
- Disclosures
-
The services hereunder are offered by Peysson, located at Tarnos (France). If you are a French resident,
you may have this same information emailed to you by sending a letter to the foregoing address
with your email address and a request for this information.
Fees for our services are described at Payment Terms.
Disputes between you and RHM regarding our services may be reported to Customer Support. We encourage you to report all user-to-user
disputes to your local law enforcement, postmaster general, or a certified mediation
or arbitration entity.
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