Welcome to the Account Holder Agreement for Remote Operations, Inc. The following describes the terms on
which Remote Operations offers you access to our services. This agreement describes the terms and
conditions applicable to your use of our services available under the domain and sub-domains of
remoteop.com and the general principles for the Web sites of our clients, subsidiaries and
international affiliates. If you do not agree to be bound by the terms and conditions of this
agreement, please do not use or access our services.
You must read, agree with and accept all of the terms and conditions contained in this Account Holder
below and those incorporated by reference, before you may become an account holder of the Remote Operations
Client/Partner Information System ("System").
We strongly recommend that, as you read this Account Holder Agreement, you also access and read the
information contained in the other pages and Web sites referred to in this document, as they may
contain further terms and conditions that apply to you as a Remote Operations account holder. By accepting
this Account Holder Agreement, you also agree that your use of other Remote Operations Web sites will be
governed by the terms and conditions posted on those Web sites.
We may amend this agreement at any time by posting the amended terms on Remote Operations. Except
as stated below, all amended terms shall automatically be effective 30 days after they are initially
posted on our 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 Remote Operations, Inc.
Our services are available only to individuals who can form legally binding contracts under applicable law.
Without limiting the foregoing, our services are not available to minors or to temporarily or indefinitely
suspended Remote Operations account holders. If you are a minor, you can use this service only in conjunction with
your parents or guardians. If you do not qualify, please do not use our services. Further, your Remote
Operations account may not be transferred or sold to another party. If you were registered as
a business entity, you represent that you have the authority to bind the entity to this agreement.
Your registration obligations
In consideration of your use of the Service, you agree to:
- provide true, accurate, current and complete information about yourself as prompted by the Service's registration form
(such information being the "Registration Data");
- and maintain and promptly update the Registration Data to keep it true, accurate, current and complete.
If you provide any information that is untrue, inaccurate, not current or incomplete, or Remote Operations has
reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete,
Remote Operations has the right to suspend or terminate your account and refuse any and all current or
future use of the Service (or any portion thereof). Remote Operations is concerned about the safety and privacy
of all its account holders.
User account, password and security
You will receive a password and account designation from your company administrator, or upon completing the Service's
registration process. You are responsible for maintaining the confidentiality of the password and account, and are fully
responsible for all activities that occur under your password or account. You agree to immediately notify Remote
Operations of any unauthorized use of your password or account or any other breach of security, and ensure that you logout
from your account at the end of each session.
Remote Operations cannot and will not be liable for any loss or damage arising from your failure to comply with this section.
Without limiting any other remedies, Remote Operations 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 our site.
Neither you, as an account holder, may manipulate any information nor may you interfere with another account holder's information.
Your information and activity
"Your Information" is defined as any information you provide to us in the registration process, in
any public message 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.
Your Information and your activities on your website shall not:
- be false, inaccurate or misleading;
- be fraudulent or involve the sale of counterfeit or stolen items;
- infringe any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of
publicity or privacy;
- violate any law, statute, ordinance or regulation (including, but not limited to, those governing export control,
consumer protection, unfair competition, antidiscrimination, false advertising or regulations promulgated by the U.S.
Securities and Exchange Commission, any rules of any national or other securities exchange, including, without
limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the
force of law);
- be defamatory, trade libelous, unlawfully threatening or unlawfully harassing;
- be obscene or contain pornography (whether child or adult) or, if otherwise adult in nature or harmful to minors;
- upload, post, email, transmit or otherwise make available any content that you do not have a right to make
available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and
confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
- impersonate any person or entity, including, but not limited to, a Remote Operations official, forum leader, guide or
host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
- forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through
- 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
- create liability for us or cause us to lose (in whole or in part) the services of our ISPs or other suppliers;
- "stalk" or otherwise harass another;
- disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other account holders of the Service are
able to type, or otherwise act in a manner that negatively affects other account holders' ability to engage in real time exchanges;
- link directly or indirectly to or include descriptions of goods or services that:
- are prohibited under this Agreement;
- or you do not have a right to link to or include;
- collect or store personal data about other account holders
Furthermore, you may not include any information that could cause us to violate any applicable law, statute,
ordinance or regulation.
Solely to enable Remote Operations 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, sub licensable
(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. Remote Operations will only use
Your Information in accordance with our terms and conditions.
Access and interference
Our Web site contains robot exclusion headers and you agree that you will not use any robot, spider, other automatic device,
or manual process to monitor or copy our Web pages or the content contained herein without our prior expressed written permission.
You agree that you will not use any device, software or routine to bypass our robot exclusion headers, or to interfere or attempt
to interfere with the proper working of the Remote Operations site or any activities conducted on our site.
You agree that you will not take any action that imposes an unreasonable or disproportionately large load on our infrastructure.
Much of the information on our site is updated on a real time basis and is proprietary or is licensed to Remote Operations by our
account holders or third parties. You agree that you will not copy, reproduce, alter, modify, create derivative works, or publicly display
any content (except for Your Information) from our Web site without the prior expressed written permission of Remote Operations or
the appropriate third party.
You acknowledge that Remote Operations does not pre-screen Content, but that Remote Operations and its designees shall have the right
(but not the obligation) in their sole discretion to refuse or move any Content that is available via the Service. Without
limiting the foregoing, Remote Operations and its designees shall have the right to remove any Content that violates the TOS or
is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content,
including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you
may not rely on any Content created by Remote Operations or submitted to Remote Operations, including without limitation information
in Remote Operations Message Boards and in all other parts of the Service.
You acknowledge and agree that Remote Operations may preserve Content and may also disclose Content if required to do so by law or
in the good faith belief that such preservation or disclosure is reasonably necessary to comply with legal process, enforce the TOS,
respond to claims that any Content violates the rights of third-parties or protect the rights, property, or personal safety of
Remote Operations, its account holders and the public.
You understand that the technical processing and transmission of the Service, including your Content, may involve transmissions
over various networks and changes to conform and adapt to technical requirements of connecting networks or devices.
Without limiting other remedies, we may immediately remove your website, warn our community of your actions, issue a warning,
temporarily suspend, indefinitely suspend or terminate your account and refuse to provide our services to you if:
- you breach this Agreement or the documents it incorporates by reference;
- we are unable to verify or authenticate any information you provide to us; or
- we believe that your actions may cause financial loss or legal liability for you, our account holders or us.
We do not sell or rent your personal information to third parties for marketing purposes without your consent and we only use
We understand clearly that you and your information is one of our most important assets. We store and process your information on
computers located in the United States that are protected by physical as well as technological security devices. We use third
parties to verify and certify our privacy principles.
If you object to your Information being transferred or used in this way please do not use our services.
We, our subsidiaries, employees, independent contractors and our suppliers provide our Web site and services "as is" and without
any warranty or condition, express, implied or statutory. We, our subsidiaries, employees, independent contractors and our suppliers
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.
In no event shall we, our subsidiaries, employees, independent contractor or our suppliers 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,
Our liability, and the liability of our subsidiaries, employees, independent contractors and suppliers, to you or any third parties
in any circumstance is limited to $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.
You agree to indemnify and hold us and (as applicable) our parent, subsidiaries, 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.
You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of our
service and your posting information on our website.
You and Remote Operations are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee
relationship is intended or created by this Agreement.
Except as explicitly stated otherwise, any notices shall be given by postal mail to:
Remote Operations, Inc.
Attn: Legal Department
3005 S Lamar Blvd
Suite D-109 #343
Austin, TX 78704
(in the case of Remote Operations)
To the email address you provide to Remote Operations 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
Remote Operations during the registration process. In such case, notice shall be deemed given 3 days after the date of mailing.
Any legal controversy or legal claim arising out of or relating to this Agreement or our services, excluding legal action taken
by Remote Operations to collect our fees and/or recover damages for, or obtain an injunction relating to, the Remote Operations site
operations, intellectual property, and our services, shall be settled by binding arbitration in accordance with the commercial
arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual
basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party.
The arbitration shall be conducted in Austin, Texas, and judgment on the arbitration award may be entered into any court having
jurisdiction thereof. Either you or Remote Operations may seek any interim or preliminary relief from a court of competent
jurisdiction in Austin, Texas necessary to protect the rights or property of you or Remote Operations pending the completion of
arbitration. Should either party file an action contrary to this provision, the other party may recover attorney's fees and
costs up to $1,000.00.
This Agreement shall be governed in all respects by the laws of the State of Texas as such laws are applied to agreements entered
into and to be performed entirely within Texas between Texas residents. We do not guarantee continuous, uninterrupted or secure
access to our services, and operation of our 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 Remote Operations, in our sole
discretion, to a third party in the event of a merger or acquisition.
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
This Agreement sets forth the entire understanding and agreement between us with respect to the subject matter hereof.
Fees and Services - with respect to fees owed for our services, License, Access and Interference, Liability Limit,
Indemnity and Arbitration shall survive any termination or expiration of this Agreement.
The services hereunder are offered by Remote Operations, Inc., located at 401 Congress Avenue,
Suite 1540, Austin, TX 78701. If you are a Texas 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.
Remote Operations, the Remote Operations logo, "the blue box" and "simply extend..." trademarks
and service marks, and other Remote Operations logos and product and service names are trademarks of Remote Operations, Inc. ("Company Marks").
Without Remote Operations's prior permission, you agree not to display or use in any manner, the Remote Operations Company Marks.