Terms of Service

BEFORE USING OR ACCESSING THE FULLSTACKREMOTE WEB APPLICATION SOFTWARE AND RELATED SERVICES (THE “SERVICE”) PROVIDED BY FULLSTACKREMOTE INC (“FULLSTACKREMOTE”), YOU SHOULD CAREFULLY READ THE FOLLOWING TERMS AND CONDITIONS (THIS “AGREEMENT”). USING OR ACCESSING THE SERVICE INDICATES YOUR ACCEPTANCE OF THIS AGREEMENT AND ESTABLISHES A BINDING AND EXECUTED WRITTEN AGREEMENT BETWEEN YOU AND FULLSTACKREMOTE. IF YOU DO NOT ACCEPT THIS AGREEMENT, YOU MAY NOT ACCESS OR USE THE SERVICE.

FULL Terms of Service

1. USER’S ACKNOWLEDGMENT AND ACCEPTANCE OF TERMS

FullStackRemote (“us” or “we”) and our website at www.fullstackremote.com website and various related services (collectively, the “Service”). The Service and its features are provided to you subject to your compliance with all the terms, conditions, and notices contained or referenced herein, (as well as any other written agreement between us and you. In addition, when using particular services or materials on this Service, users shall be subject to any posted rules applicable to such services or materials that may contain terms and conditions in addition to those in these Terms of Service, including the FullStackRemote Privacy Policy, available at https://www.fullstackremote.com/privacy (collectively, the “Terms”).

PLEASE READ THE FOLLOWING TERMS CAREFULLY. BY CLICKING “I ACCEPT” OR BY USING THE SERVICE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THE FOLLOWING TERMS AND CONDITIONS, INCLUDING ANY ADDITIONAL TERMS PROVIDED BY US. If you are not eligible, or do not agree to the Terms, then you do not have our permission to use the Service.
These Terms provide that all disputes between you and FullStackRemote will be resolved by BINDING ARBITRATION. YOU AGREE TO GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend your rights under or relating to this contract, except for matters that may be taken to small claims court. Your rights will be determined by a NEUTRAL ARBITRATOR and NOT a judge or jury, and your claims cannot be brought as a class, collective, or representative action. Please review Section 24 (“Dispute Resolution and Arbitration”) for the details regarding your agreement to arbitrate any disputes with FullStackRemote.

These Terms are effective as of the “Last Modified” date identified at the top of this page. We expressly reserve the right to change these Terms of Service from time to time upon seven (7) days’ notice to you. You acknowledge and agree that it is your responsibility to review this Service and these Terms and to familiarize yourself with any modifications. Your continued use of this Service after such modifications will constitute acknowledgement of the modified Terms and agreement to abide and be bound by the modified Terms; however, for any material modifications to the Terms or in the event that such modifications materially alter your rights or obligations hereunder, such amended Terms will automatically be effective upon your acceptance of such modified Terms. Notwithstanding the foregoing, the resolution of any dispute that arises between you and us will be governed by the Terms in effect at the time such dispute arose.

As used in these Terms, references to our “Affiliates” include our owners, subsidiaries, affiliated companies, officers, directors, suppliers, partners, sponsors and advertisers, and includes (without limitation) all parties involved in creating, producing, and/or delivering this Service and/or its services. Any reference to “Talent” includes individuals and/or businesses who have signed up to use the Service to solicit or find work for their businesses. Any reference to “Employers” includes all businesses and/or individuals who engage Talent via the Service. The term “Users” means any person who uses the Service for any reason.

2. OVERVIEW OF OUR SERVICE

FullStackRemote offers a service in the form of a technology platform and marketplace that empowers Talent and Employers to connect, communicate, buy and sell services, and use the Service’s tools to manage their businesses, such as invoicing and payment processing tools. FullStackRemote also offers a search product on the Service, where Users can discover services packages and Talent using the tool. This is solely for the purpose of allowing Users to conveniently connect on the Service. FullStackRemote exclusively offers the Services — it does not buy or sell services on the Service.

3. ELECTRONIC SIGNATURE

By creating an account on the Service (an “Account”) and clicking to accept upon registration, you have agreed to these Terms digitally. This is effective on the date that you created an Account, and you acknowledge that you are able to access and review the Terms.

4. FullStackRemote ACCOUNTS

4.1 Eligibility

By agreeing to these Terms, you represent and warrant to us that: (a) you are at least eighteen (18) years of age; (b) you have not been previously suspended or terminated from using the Service; and (c) your registration and your use of the Service is in compliance with all applicable laws and regulations. Users may only create one Talent Account on the Service, and may not request other individuals to register new Accounts on their behalf, unless prior permission is obtained in writing from FullStackRemote.
While Users from any region may register an Account on FullStackRemote, only Users who are currently operating out of the countries we serve are able to apply for a Talent Account and work as independent service providers on the Service.

4.2 Profiles

Users are able to create a profile on the Service (“Profile”), in which they may describe their work history, experience, availability, rates, and other information. This Profile displays publicly unless you choose to toggle it to private in your Profile settings. By creating a Profile, you agree to give an accurate, current and true representation of your business offerings or needs to other Users of the Service. Any information disclosed in a Profile is considered User Content (as defined below) for purposes of these Terms.
Users operating in the regions the Service serves can submit their Profile to FullStackRemote for review to create a Talent Account. Users acknowledge that by submitting their Profile to become a Talent Account, FullStackRemote is not performing any background or quality checks, nor vetting any individual or business. The purpose is to ensure that a Talent meets the eligibility requirements mentioned above.

4.3 Security

When you register for an Account, you may be required to provide us with some contact information about yourself, such as your email address. You agree that the information you provide to us is accurate and that you will keep it accurate and up-to-date at all times. When you register, you will be asked to provide a password. You are solely responsible for maintaining the confidentiality of your password, and you accept responsibility for all activities that occur under your account. If you share your login information with other people, and do not otherwise contact us to report a security breach of your account, we will assume that any User accessing the Service with your login information has the ability to act on your behalf, including connecting with other Users and processing payments. If you have reason to believe that your account is no longer secure, then you must immediately notify us at hire@fullstackremote.com.
If you notice any suspicious activity on your Account, you should contact FullStackRemote immediately to alert us of this activity.

4.4 Closing an Account

If you would like to close your Account, you can deactivate your Account at any time by emailing hire@fullstackremote.com. Due to tax and legal requirements, we do not destroy or delete data that is needed for government records and reporting. To access the Service again, you may reactivate your Account by emailing hire@fullstackremote.com. Users must not use this feature to open multiple Accounts. If you terminate your account, you remain obligated to pay all outstanding fees, if any, incurred prior to termination relating to your use of the Service.

5. USER CONTENT

5.1 User Content Generally

By posting or publishing User Content, you grant FullStackRemote a worldwide, non-exclusive, royalty-free, fully paid right and license (with the right to sublicense) to host, store, transfer, display, perform, reproduce, modify for the purpose of formatting for display, and distribute your User Content, in whole or in part, in any media formats and through any media channels now known or hereafter developed, for purposes of providing the Service. To opt out, you must email hire@fullstackremote.com.

5.2 Limited License Grant to FullStackRemote

5.3 Limited License Grant to Other Users

By posting or sharing User Content with other users of the Service, you grant those users a non-exclusive license to access and use that User Content as permitted by these Terms and the functionality of the Service.

5.4 User Content Representations and Warranties

You are solely responsible for your User Content and the consequences of posting or publishing User Content. By posting or publishing User Content, you affirm, represent, and warrant that:

5.5.1 you are the creator and owner of the User Content, or have the necessary licenses, rights, consents, and permissions to authorize FullStackRemote and users of the Service to use and distribute your User Content as necessary to exercise the licenses granted by you in this section, in the manner contemplated by FullStackRemote, the Service, and these Terms; and

5.5.2 your User Content, and the use of your User Content as contemplated by these Terms, does not and will not: (i) infringe, violate, or misappropriate any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (ii) slander, defame, libel, or invade the right of privacy, publicity or other property rights of any other person; or (iii) cause FullStackRemote to violate any law or regulation.

5.6 User Content Disclaimer

We are under no obligation to edit or control User Content that you or other users post or publish, and will not be in any way responsible or liable for User Content. FullStackRemote may, however, at any time and without prior notice, screen, remove, edit, or block any User Content that in our sole judgment violates these Terms or is otherwise objectionable. You understand that when using the Service you will be exposed to User Content from a variety of sources and acknowledge that User Content may be inaccurate, offensive, indecent, or objectionable. You agree to waive, and do waive, any legal or equitable right or remedy you have or may have against FullStackRemote with respect to User Content. We expressly disclaim any and all liability in connection with User Content. If notified by a user or content owner that User Content allegedly does not conform to these Terms, we may investigate the allegation and determine in our sole discretion whether to remove the User Content, which we reserve the right to do at any time and without notice. For clarity, FullStackRemote does not permit copyright-infringing activities on the Service.

6. RELATIONSHIPS

6.1 Relationship between Employers and Talent

Employers and Talent may use the Service to discuss and execute service contracts (“Job Agreements”). FullStackRemote is not involved in the formation, maintenance, or cancellation of these Job Agreements (if any exist), other than hosting them on the Service, and is not a party to these Job Agreements.

6.2 Relationship between Users and FullStackRemote

Users, including Employers and Talent accessing the Service, recognize, acknowledge, and agree that a Talent is not an employee of FullStackRemote. No partnership or employment relationship between FullStackRemote and Talent can be construed by these Terms. No agency relationship exists between FullStackRemote and a Talent, and as such, Talent are not authorized to represent FullStackRemote as their agent.

FullStackRemote does not oversee, supervise, monitor, train, or manage Talent, nor does FullStackRemote determine Talent hours or schedules of work or the manner in which their work is performed. FullStackRemote does not provide Talent with any training, tools, equipment, supplies, or instrumentalities. FullStackRemote does not provide Talent with any instructions. If a Talent hires or retains any persons to assist the Talent in providing services to a Employer or to provide services to the Employer in lieu of the Talent providing those services, the Talent bears all responsibility for paying and classifying those workers and complying with all applicable laws with respect to such workers. FullStackRemote will not replace or seek to replace Talent unable to fulfill a Job Agreement other than permitting Employers to re-list the relevant job at no additional cost.

FullStackRemote does not perform background checks on Users. While the Service allows Users to leave Reviews and add References, FullStackRemote is not responsible for this content nor does FullStackRemote endorse Users of the Service.

FullStackRemote is not responsible for withholding taxes for the Employer or Talent, and it is the responsibility of each User to file and comply with any local, state, or federal tax laws in their jurisdiction.

7. PAYMENT PLANS

Billing type can be weekly flat rate or weekly flat rate with subscription. Weekly can be part-time or full-time.

7.1 Weekly flat rate

Weekly Flat Rate is calculated by adding 20% (for self-serve) or 40% (white glove) to the Talent’s rate, and then multiplying that by either 20 (for part-time) or 40 (for full-time).

Ongoing Jobs are set up on a recurring billing basis with 2 weeks paid upfront. There is a 3% transaction fee on top of percentage.

The Talent is expected to put in extra hours if there are outstanding deliverables in the time period (weekly) at no additional charge to the client. If Contracted Talent finishes his or her work early, the weekly flat rate still applies.

For more information about how payments are structured, please see the Payments section in Section 9 of these Terms.

7.3 Use of Subcontractors and Worker Classification

FullStackRemote is not responsible for any workers that Users or Talent engage or hire. It is the responsibility of Users to determine whether Talent should be classified as employees or independent contractors, and Users bear all risk of misclassification. Users who determine a Talent should be an employee must comply with section 10.2 below.

To be clear, FullStackRemote does not classify Talent as employees or independent contractors. Rather, Users must determine, under applicable law, whether the Talent is an employee or independent contractor (or some other category of worker if not in the U.S. and if foreign law has other categories of workers). FullStackRemote suggests that Users obtain their own legal advice in making such determination. Users are also responsible for complying with all applicable worker and/or employment-related laws, including, but not limited to, obtaining workers’ compensation insurance when required by applicable law. Of course, at all times, all Users must comply with all applicable laws.

7.4 Cancellation of Job Agreement

Employer may end a contract at will and for any reason. Employer and Talent acknowledge it is their responsibility to communicate directly with each other in regards to any changes or cancellations.

If Talent accepts an engagement, they are expected to complete engagement, unless there are extenuating circumstances, including: Death, documented medical issues, and issues related to non-resolvable disputes due to lack of payment.

7.5 Confidential Information

FullStackRemote has no responsibility for or obligation to protect any confidential information disclosed via Site.

8. DISPUTE RESOLUTION

FullStackRemote does not guarantee the quality or delivery of any work or services provided to Employer. FullStackRemote does not act as an intermediary; However, if the Employer has added the Project Guide Service to their account, their Project Guide will act as intermediary to help Employer and Talent come to agreement in the event of a dispute.

Payments are non-disputable via the Service once payment has been released to the Talent. In the case of a dispute after payments have been released, Employers must contact FullStackRemote at hire@fullstackremote.com to request any refunds within one week of a dispute.

For all disputes, the maximum refund amount Employers can be awarded is the full amount of the invoice which is disputed.

By using the Service, you agree to comply with Section 8, including, but not limited to, any and all final determinations made by FullStackRemote in accordance with the dispute resolution process.

8.1 Disputes on Payments

Where invoices are manually submitted, Employers may query a Talent’s invoice during the “Dispute Period”. This 4-day period is the time frame between when the invoice is submitted and when the Employer is charged. To dispute an invoice, Employers must directly contact FullStackRemote at hire@fullstackremote.com, at which point the Talent will be notified. It is the Employer’s responsibility to review every invoice and to raise any queries during the Dispute Period.

Once a query on an invoice has been raised, the Talent will be notified and the Talent’s payout will be paused. It is the responsibility of the Talent and Employer to discuss any disputed invoices. Once a resolution has been made, the Talent will need to re-submit their invoice for the Employer to review.

Once the Dispute Period expires, Employer will be deemed to have accepted the Talent’s services and fees and can no longer dispute them. The Talent’s payment will then be processed. Contacting FullStackRemote does not qualify as filing a dispute or raising a query on an invoice.

Any questions regarding FullStackRemote’ Dispute Resolution Policy may be sent to hire@fullstackremote.com.

8.2 Disputes on Non-Hourly Payments

If pay is not on an hourly basis, the Employer agrees to be charged up front for the Talent’s work, and the Talent’s payout will process after 7 days. If a Dispute arises during the 4-day period, the Employer or Talent may “Pause” or “End” the job through the Service.

Any questions regarding FullStackRemote’ Dispute Resolution Policy may be sent to hire@fullstackremote.com.

9. PAYMENTS

The Service makes it easy for Users to pay each other and FullStackRemote.

9.1 Payment Methods

FullStackRemote requires two (2) “Payment Method”(s) for using parts of the Service; 1) Primary 2) Backup. Payment Methods currently include credit/debit card and ACH for Employers, and Paypal, Payoneer, TransferWise, or Stripe for Talent payouts. FullStackRemote reserves the right to change and expand its payment options. Employers acknowledge that in order to use, and to continue to use, sections of the Service, a valid Payment Method must be provided to FullStackRemote. A current payment method must be on file at all times for all Employers with Profiles. By entering a Payment Method into the Service, Employers acknowledge they are legally authorized to access that Payment Method. If Primary Payment Method is declined or fails, Backup Payment Method will be processed. If Backup Payment Method is declined or fails, the job will be automatically paused until payment is resolved.

Employers acknowledge they are responsible for any payments owed by other payment means.

9.2 Payment Processing

All Employers must have a valid Payment Method on file prior to engaging any Talent to work with them. In addition, Employers must maintain two (2) valid Payment Methods in their Account at any time when they have an active job on the Service or outstanding invoices from Talent.

FullStackRemote currently accepts debit and credit cards, and ACH, as valid Payment Methods.

FullStackRemote reserves the right to maintain two Payment Methods on file in Employer Accounts at any time and restrict Employer’s ability to remove all payment methods on file while they have an active job on the Service or outstanding invoices from Talent.

FullStackRemote reserves the right to charge a Employer’s Payment Method for services performed by a Talent according to a Job Agreement, unless a job has been Paused or Cancelled.

FullStackRemote will charge the Payment Method you specify at the time of signing up to a Subscription Plan using a third-party payment processor. Our third-party payment processor may have an independent terms of service and privacy policy which you will be subject to when making a payment using such third-party payment processor’s service, and we encourage you to review all such terms prior to making any payment. You authorize FullStackRemote to charge all sums as described in these Terms, for the subscription you select, to that Payment Method.

9.2.1 Hourly Payments

For Hourly Payments, Employers will be charged based on invoices the Talent submits via the Service. The Dispute Period of four (4) days commences upon Employer’s receipt of an invoice, after which time Employers will be charged the full amount stated in the invoice. If Employers have any issues with an invoice, they should immediately contact the Talent, as per our policy regarding disputes between Employers and Talent, in Section 8. Any queries on the invoice must be entered directly via the Service in order to pause any charges from processing once the Dispute Period has expired.

Funds become payable to Talent following the expiration of the Dispute Period and following receipt of payment from the Employer by FullStackRemote. Disputes are handled in accordance with Section 8. FullStackRemote may hold the disbursement of payments to Talent if FullStackRemote suspects fraud, if FullStackRemote deems it necessary in connection with any investigation, or as required by applicable law.

9.2.2 Weekly Payments

Weekly Payment will be charged 2 weeks on or in advance of the job start date and will be charged weekly from the time the Employer initiates a contract with Talent and will cover the use of that service for the period indicated. Unless and until terminated by the Employer, Talent, or FullStackRemote, Employers on Ongoing Jobs will be charged every 7 days thereafter, with net 4 payment terms.

9.2.3 Pay Now

Employers have the option to settle payment immediately upon receiving an invoice. By paying the invoice, the Employer agrees to bypass the Dispute Period and trigger release of payment to the Talent.

9.3 Service Fees

For each payment between each Employer and Talent, FullStackRemote takes a percent of the payment volume as a service fee (“Service Fee”). The Service Fee is paid by Employer via our third party payment processor through the Service, and the amount is set forth in the subscription plan a Talent has selected. FullStackRemote reserves the right to change its fee structure and payment methods at any time, and will inform Users via the Service.

9.4 Subscription Plans

Employers can subscribe to a paid subscription plan for a set recurring fee via the Service (“Subscription Plan”). Our rates for Subscription Plans with Employers and Talent are available at: https://www.fullstackremote.com/pricing/. FullStackRemote reserves the right to change its Subscription Plan fee structure at any time, and will inform Users via the Service and via email within a reasonable notice period.

9.4.1 Automatic Renewal; Recurring Payments; Cancellation

IF YOU SET UP RECURRING PAYMENTS THROUGH A SUBSCRIPTION, YOU AUTHORIZE US TO CONTINUE TO CHARGE YOUR CREDIT CARD ON A MONTHLY BASIS, ACCORDING TO YOUR SUBSCRIPTION PREFERENCES, FOR THE SUBSCRIPTION LEVEL YOU SELECT. THE SUBSCRIPTION PLAN WILL REMAIN ACTIVE FOR THE REMAINDER OF THE 30-DAY PERIOD BEFORE BEING CANCELLED. WE DO NOT PROVIDE REFUNDS OR CREDITS FOR ANY PARTIAL CYCLE. You must cancel your subscription before the end of the term to avoid charges for the renewal cycle. To change your subscription level contact hire@fullstackremote.com

9.4.2 Updates and Downgrades

Users can upgrade and downgrade their Subscription Plan at any time via the Service.

When Users downgrade their current Subscription Plan, the subscription will be adjusted at the end of the current billing cycle. Users will retain the benefits of their current Plan until the start date of the next billing cycle. No refunds or credit for downgrades will be given.

When Users upgrade their current Subscription Plan they will be immediately moved to the new plan. The billing cycle start date will be updated effective the date of the upgrade. Users are charged the difference between the new Subscription Plan and the old Subscription Plan upon upgrading, less the balance of the remainder of the previous month.

9.5 Refunds

FullStackRemote does not currently support refund processing via the Service. For details about disputes or queries on invoices submitted via the Service please see Section 8.

9.7 Non-payment

FullStackRemote is not responsible for paying Talent when Employer fails to pay. In the event of non-payment by an Employer through the Service. FullStackRemote requires 2 weeks payment upfront and job is paused if non-payment occurs after 1 week.

9.8 Operating Currency & Conversion

The Service operates in U.S. Dollars and does not currently provide any currency conversion services. Any charges and payments to Users of the Service will process in U.S. Dollars only. If you are using a credit or debit card from a country that operates in currencies other than USD, your payment processor may automatically convert the payment into local currency. Contact your card issuer for details on potential currency conversion and foreign transaction fees.

9.9 Accounting and Taxes; Lawful Status

FullStackRemote is not responsible for any accounting or tax filing for any Users of the Service. All Talent are responsible for filing, reporting, and paying applicable taxes on any earnings in accordance with all applicable laws. All Employers are responsible for obtaining all necessary documentation directly from Talent required before engaging them.

All Users are responsible for classifying any payments to or from the Service when filing their taxes and reconciling accounts.

FullStackRemote recommends seeking counsel of tax and accounting professionals for any instruction on how to properly file any taxes and report payments and earnings. FullStackRemote does not provide such advice.

Users are responsible for ensuring that Talent have lawful status to provide services to Employers. FullStackRemote is not responsible for, and does not verify, status of any Talent.

10. NON-CIRCUMVENTION OF THE SERVICE

By using the Service, Employers and Talent agree to use FullStackRemote to make all payments to Talent or Employers identified through the Service. Employers and Talent acknowledge that FullStackRemote earns some of its fees through transactions that take place on the Service. Employers and Talent agree not to take any action, directly or indirectly, to circumvent these fees. If it has come to your attention that a Talent or Employer solicits payment outside the Service, you agree to notify FullStackRemote immediately by sending an email to hire@fullstackremote.com.

By way of illustration, and not in limitation of the foregoing, you must not:

● Submit proposals or solicit parties identified through the Service to contact, hire, engage, retain, or pay outside the Service.

● Accept proposals or solicit parties identified through the Service to contact, deliver services, invoice, or receive payment outside the Service.

● Invoice or report on the Service or in an Opt-Out Fee request an invoice or payment amount lower than that actually agreed between Users

Any agreement or attempted agreement between the Employer and a Talent in connection with a service contract, requiring that payment be made outside of the Service constitutes a material breach of these Terms. If a Employer and Talent were initially connected through the Service, FullStackRemote will immediately invoice the Employer for the full Buyout fee, due immediately.

Notwithstanding the foregoing, if a Employer or Talent pays the Buyout Fee (as defined below) to FullStackRemote, and FullStackRemote notifies both the Employer and the Talent that the buyout option has been exercised for that relationship, the Employer or Talent has the right or obligation to process payments outside of the Service.

10.1 Buyout Fee

In accordance with this policy, and upon notice to and approval from FullStackRemote, Talent or Employer may opt to buy out Talent services through the Service by paying FullStackRemote a one-time exit fee of 20% of yearly salary (“Buyout Fee”).

As going off-Service limits the opportunities and features for Users, both the Employer and Talent must agree to buyout of the Service. If Employer and Talent proceed to work off-Service, the Employer or Talent requesting to work off-Service will be invoiced the full amount of the Buyout Fee. Users will have five days to pay the invoice in full before FullStackRemote automatically processes the charge using the User’s payment method on file with FullStackRemote, unless the User has arranged an alternate payment schedule with FullStackRemote.

11. WORKER CLASSIFICATION AND COMPLIANCE WITH APPLICABLE LAWS

FullStackRemote is not the employer of Talent. It is the responsibility of Employers to determine whether Talent should be classified as employees or independent contractors, and Employers bear all risk of misclassification. FullStackRemote makes no representation that a consulting (also known as “independent contractor”) relationship is the appropriate legal relationship for Talent and Employers. If Employers decide to hire Talent directly, then Employers must utilize the Buyout Fee, described above in section 10.1. It is the responsibility of Employers to comply with all applicable laws, including all laws relating to worker classification, immigration, export control, minimum wage, discrimination, and all other labor and employment laws. If FullStackRemote incurs any losses as a result of a Employer’s misclassification of a Talent, the Employer must indemnify FullStackRemote for the amount of such losses, plus attorneys’ fees. If FullStackRemote incurs any losses as a result of a Employer’s failure to comply with any applicable laws with respect to Talent, including any employment or immigration laws, the Employer must indemnify FullStackRemote for the amount of such losses, plus attorneys’ fees.

Talent will only provide services to Employers through the Service in countries in which the Talent are legally authorized to work. If FullStackRemote suffers any losses as a result of a Talent providing services in a jurisdiction in which a Talent is not legally authorized to work, the Talent will indemnify FullStackRemote for all such losses, including attorneys’ fees.

12. TERMINATION OF SERVICE

FullStackRemote reserves the right to terminate a User from the Service, at any time, for any reason, including Users who violate these Terms. If any illegal or fraudulent activity is suspected, Users acknowledge that FullStackRemote may contact the relevant officials and law enforcement agencies. Users acknowledge that FullStackRemote may discontinue the Service, or any part thereof, with or without notice. You acknowledge that FullStackRemote is not liable to you or any third party for any termination of service. We also reserve the right to modify the Service at any time (including by limiting or discontinuing certain features of the Service) without notice to you. We will have no liability whatsoever on account of any change to the Service or any suspension or termination of your access to or use of the Service.

13. RESTRICTIONS ON USE

Modification of FullStackRemote’ content is a violation of the copyrights and other proprietary rights of FullStackRemote or its subsidiaries.

In the absence of a contrary agreement, you may not use any of the trademarks, trade names, service marks, copyrights, or logos of FullStackRemote or its subsidiaries suppliers or Affiliates in any manner which creates the impression that such items belong to or are associated with you or, except as otherwise provided herein, are used with FullStackRemote’ consent, and you acknowledge that you have no ownership rights in and to any of such items. You will not use any trademarks, trade names, service marks, copyrights, or logos of FullStackRemote or its subsidiaries in unsolicited mailings or spam material.

14. BY USING THE SERVICE YOU AGREE NOT TO:

Use the Service for any illegal purpose or in violation of any local, state, national, or international law;

Use the Service and information contained therein to construct a database of any kind;
Store the content contained in the Service, in its entirety or in any part, in databases for access or distribution by you or any third party;

Demand or receive payments without the intention of receiving or providing any services in exchange for the payment;

Violate, or encourage others to violate, any right of a third party, including by infringing or misappropriating any third party intellectual property right;

Express a preference in any User Content for, or unlawfully discriminate on the basis of, race, religion, national origin, ancestry, physical or mental disability, medical condition, genetic information, marital status, sex, gender identity or gender expression, age, sexual orientation, military or veteran status, or any other classes protected by applicable law;

Post, upload, or distribute any User Content or other content that is unlawful, defamatory, libelous, inaccurate, or that a reasonable person could deem to be objectionable, profane, indecent, pornographic, harassing, threatening, embarrassing, hateful, or otherwise inappropriate;
Interfere with security-related features of the Service, including by: (a) disabling or circumventing features that prevent or limit use or copying of any content; or (b) reverse engineering or otherwise attempting to discover the source code of any portion of the Service except to the extent that the activity is expressly permitted by applicable law;

Interfere with the operation of the Service or any User’s enjoyment of the Service, including by: (a) uploading or otherwise disseminating any virus, adware, spyware, worm, or other malicious code; (b) making any unsolicited offer or advertisement to another user of the Service; (c) attempting to collect personal information about another user or third party without consent; or (d) interfering with or disrupting any network, equipment, or server connected to or used to provide the Service, or violating any regulation, policy, or procedure of any such network, equipment, or server;

Perform any fraudulent activity including impersonating any person or entity, claiming a false affiliation, accessing any other Service account without permission, or falsifying your age or date of birth;

Sell or otherwise transfer the access granted under these Terms or any Materials (as defined in Section 16) or any right or ability to view, access, or use any Material; or

Attempt to do any of the acts described in this Section 13, or assist or permit any person in engaging in any of the acts described in this Section 13.

14. DIGITAL MILLENNIUM COPYRIGHT ACT

14.1 DMCA Notification

We comply with the provisions of the Digital Millennium Copyright Act applicable to Internet service providers (17 U.S.C. §512, as amended). If you have an intellectual property rights-related complaint about material posted on the Service, please email: hire@fullstackremote.com
Any notice alleging that materials hosted by or distributed through the Service infringe intellectual property rights must include the following information:

a. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other right being infringed;

b. A description of the copyright-protected work or other intellectual property right that you claim has been infringed;

c. A description of the material that you claim is infringing and where it is located on the Service;

d. Your address, telephone number, and email address;

e. A statement by you that you have a good faith belief that the use of those materials on the Service is not authorized by the copyright owner, its agent, or the law; and

f. A statement by you that the above information in your notice is accurate and that, under penalty of perjury, you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.

14.2 Repeat Infringers.

FullStackRemote will promptly terminate without notice the accounts of users that are determined by FullStackRemote to be “Repeat Infringers.” A Repeat Infringer is a user who has been notified of infringing activity or has had User Content removed from the Service at least twice.

15. THIRD-PARTY SERVICES AND LINKED WEBSITES

FullStackRemote may provide tools through the Service that enable you to export information, including User Content, to third party services, including through features that allow you to link your account on FullStackRemote with an account on the third party service, such as Twitter or Facebook, or through our implementation of third party buttons (such as “like” or “share” buttons). By using one of these tools, you agree that we may transfer that information to the applicable third-party service. Third party services are not under our control, and we are not responsible for any third party service’s use of your exported information. The Service may also contain links to third-party websites. Linked websites are not under our control, and we are not responsible for their content.

16. OWNERSHIP; PROPRIETARY RIGHTS

The Service is owned and operated by FullStackRemote. The visual interfaces, graphics, design, compilation, information, data, computer code (including source code or object code), products, software, services, and all other elements of the Service (“Materials”) provided by FullStackRemote are protected by intellectual property and other laws. All Materials included in the Service are the property of FullStackRemote or our third-party licensors. Except as expressly authorized by FullStackRemote, you may not make use of the Materials. FullStackRemote reserves all rights to the Materials not granted expressly in these Terms.

17. FEEDBACK

If you choose to provide input and suggestions regarding problems with or proposed modifications or improvements to the Service (“Feedback”), then you hereby grant FullStackRemote an unrestricted, perpetual, irrevocable, non-exclusive, fully-paid, royalty-free right to exploit the Feedback in any manner and for any purpose, including to improve the Service and create other products and services.

18. DISCLAIMER OF WARRANTIES

USE OF THIS SERVICE IS AT YOUR SOLE RISK. ALL MATERIALS, INFORMATION, PRODUCTS, SOFTWARE, PROGRAMS, AND SERVICES ARE PROVIDED “AS IS,” WITH NO WARRANTIES OR GUARANTEES WHATSOEVER. FullStackRemote AND ITS EMPLOYEES, CONSULTANTS, AFFILIATES, SUBSIDIARIES AND AGENTS (TOGETHER, THE “FullStackRemote ENTITIES”) EXPRESSLY DISCLAIM, TO THE FULLEST EXTENT PERMITTED BY LAW, ALL EXPRESS, IMPLIED, STATUTORY, AND OTHER WARRANTIES, GUARANTEES, OR REPRESENTATIONS, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY AND INTELLECTUAL PROPERTY RIGHTS. THE FullStackRemote ENTITIES DO NOT WARRANT THE QUALITY OR ACCURACY OF ANY DELIVERABLES PROVIDED AND/OR SERVICES RENDERED UNDER ANY JOB AGREEMENT AND DOES NOT WARRANT THAT ANY SUCH DELIVERABLES AND SERVICES WILL BE PROVIDED AND/OR RENDERED IN A TIMELY OR PROFESSIONAL MANNER. YOU UNDERSTAND AND ACKNOWLEDGE THAT JOB AGREEMENTS ARE BETWEEN EmployerS AND TalentS ONLY, AND THAT THE FullStackRemote ENTITIES ARE NOT PARTIES TO ANY JOB AGREEMENT. THE FullStackRemote ENTITIES OFFER A MARKETPLACE TO CONNECT EmployerS AND TalentS ONLY AND WILL TAKE NO RESPONSIBILITY FOR ANY DELIVERABLES PROVIDED AND/OR SERVICES RENDERED IN CONNECTION WITH ANY JOB AGREEMENT, OR FOR ANY BREACH OF ANY JOB AGREEMENT.

WITHOUT LIMITATION, THE FullStackRemote ENTITIES MAKES NO WARRANTY OR GUARANTEE THAT THIS SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. YOU UNDERSTAND AND AGREE THAT IF YOU DOWNLOAD OR OTHERWISE OBTAIN MATERIALS, INFORMATION, PRODUCTS, SOFTWARE, PROGRAMS, OR SERVICES, YOU DO SO AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES THAT MAY RESULT, INCLUDING LOSS OF DATA OR DAMAGE TO YOUR COMPUTER SYSTEM. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

19. LIMITATION OF LIABILITY

IN NO EVENT WILL THE FullStackRemote ENTITIES BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES OF ANY TYPE WHATSOEVER RELATED TO, OR ARISING FROM, THIS SERVICE OR ANY USE OF THIS SERVICE, OR OF ANY SERVICE OR RESOURCE LINKED TO, REFERENCED, OR ACCESSED THROUGH THIS SERVICE, OR FOR THE USE OR DOWNLOADING OF, OR ACCESS TO, ANY MATERIALS, INFORMATION, PRODUCTS, OR SERVICES, INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOST SAVINGS OR LOSS OF PROGRAMS OR OTHER DATA, EVEN IF FullStackRemote IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS EXCLUSION AND WAIVER OF LIABILITY APPLIES TO ALL CAUSES OF ACTION, WHETHER BASED ON CONTRACT, WARRANTY, TORT, OR ANY OTHER LEGAL THEORIES.

EXCEPT AS PROVIDED IN SECTION 24.4(iii), THE AGGREGATE LIABILITY OF THE FullStackRemote ENTITIES TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE USE OF OR ANY INABILITY TO USE ANY PORTION OF THE SERVICE OR OTHERWISE UNDER THESE TERMS, WHETHER IN CONTRACT, TORT, OR OTHERWISE, IS LIMITED TO THE GREATER OF: (A) THE AMOUNT YOU HAVE PAID TO FullStackRemote FOR ACCESS TO AND USE OF THE SERVICE IN THE 12 MONTHS PRIOR TO THE EVENT(S) OR CIRCUMSTANCES GIVING RISE TO CLAIM; OR (B) $100.

EACH PROVISION OF THESE TERMS THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS INTENDED TO AND DOES ALLOCATE THE RISKS BETWEEN YOU AND FullStackRemote UNDER THESE TERMS. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN YOU AND FullStackRemote. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THESE TERMS. THE LIMITATIONS IN THIS SECTION 19 WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

20. INDEMNIFICATION & RELEASE

You agree to release, indemnify and hold the FullStackRemote Entities harmless from any and all losses, damages, expenses, including reasonable attorneys’ fees, rights, claims, actions of any kind and injury (including death) arising out of or relating to your use of the Service, any User Content, your connection to the Service, your violation of these Terms or your violation of any rights of another. If you are a Delaware resident, you waive Delaware Civil Code, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his settlement with the debtor.” All Users acknowledge that they have been advised to consult with legal counsel and that they are familiar with the principle that a general release does not extend to claims that the releaser does not know or suspect to exist in their favor at the time of executing the release, which, if known by them, must have materially affected their settlement with the releasee. Users, being aware of said principle, agree to expressly waive any rights they may have to that effect, as well as under any other statute or common law principles of similar effect.

21. PRIVACY POLICY AND OTHER TERMS

FullStackRemote’ current Privacy Policy (the “Privacy Policy”) is available on the Service. We recommend that you review the Privacy Policy at https://www.fullstackremote.com/privacy. The Privacy Policy and any other agreements FullStackRemote makes available to you are expressly incorporated by reference into these Terms.

22. GOVERNING LAW

These Terms are governed by the laws of the State of Delaware without regard to conflict of law principles. If a lawsuit or court proceeding is permitted under these Terms, then you and FullStackRemote agree to submit to the personal and exclusive jurisdiction of the state courts and federal courts located within Delaware, for the purpose of litigating any dispute. We operate the Service from our offices in Delaware, and we make no representation that Materials included in the Service are appropriate or available for use in other locations.

23. GENERAL

These Terms, together with the Privacy Policy and any other agreements expressly incorporated by reference into these Terms, are the entire and exclusive understanding and agreement between you and FullStackRemote regarding your use of the Service. Except as expressly permitted above, these Terms may be amended only by a written agreement signed by authorized representatives of all parties to these Terms. You may not assign or transfer these Terms or your rights under these Terms, in whole or in part, by operation of law or otherwise, without our prior written consent. We may assign these Terms at any time without notice or consent. The failure to require performance of any provision will not affect our right to require performance at any other time after that, nor will a waiver by us of any breach or default of these Terms, or any provision of these Terms, be a waiver of any subsequent breach or default or a waiver of the provision itself. Use of section headers in these Terms is for convenience only and will not have any impact on the interpretation of any provision. If any part of these Terms is held to be invalid or unenforceable, the unenforceable part will be given effect to the greatest extent possible, and the remaining parts will remain in full force and effect. Upon termination of these Terms, Sections 4, 5, 6, 8, 9, 11, and 13 through 24, along with the Privacy Policy and any other accompanying agreements, will survive.

24. DISPUTE RESOLUTION AND ARBITRATION

24.1 Generally

In the interest of resolving disputes between you and FullStackRemote in the most expedient and cost effective manner, you and FullStackRemote agree that every dispute arising in connection with these Terms will be resolved by binding arbitration. Arbitration uses a neutral arbitrator instead of a judge or jury, may allow for more limited discovery than in court, and is subject to very limited (if any) review by courts. Arbitrators can award the same damages and relief that a court can award. This agreement to arbitrate disputes includes all claims arising out of or relating to any aspect of these Terms, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and regardless of whether a claim arises during or after the termination of these Terms. YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND FullStackRemote ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS, COLLECTIVE, OR REPRESENTATIVE ACTION.

24.2 Exceptions

Despite the provisions of Section 24.1, nothing in these Terms will be deemed to waive, preclude, or otherwise limit the right of either party to: (a) bring an individual action in small claims court; (b) pursue an enforcement action through the applicable federal, state, or local agency if that action is available; (c) seek injunctive relief in a court of law; or (d) to file suit in a court of law to address an intellectual property infringement claim.

24.3 Arbitrator

Any arbitration between you and FullStackRemote will be settled under the Federal Arbitration Act, and governed by the Commercial Dispute Resolution Procedures and the Supplementary Procedures for Consumer Related Disputes (collectively, “AAA Rules”) of the American Arbitration Association (“AAA”), as modified by these Terms, and will be administered by the AAA. The AAA Rules and filing forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by contacting FullStackRemote at hire@fullstackremote.com.

24.4 Notice; Process

A party who intends to seek arbitration must first send a written notice of the dispute to the other party by certified U.S. Mail or by Federal Express (signature required) or, only if such other party has not provided a current physical address, then by electronic mail (“Notice”). FullStackRemote’ address for Notice is: FullStackRemote Inc., 2035 Sunset Lake Road, Suite B-2, Newark, DE 19702. The Notice must: (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought (“Demand”). The parties will make good faith efforts to resolve the claim directly, but if the parties do not reach an agreement to do so within 30 days after the Notice is received, you or FullStackRemote may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by you or FullStackRemote must not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any. If the dispute is finally resolved through arbitration in your favor, FullStackRemote will pay you the highest of the following: (i) the amount awarded by the arbitrator, if any; (ii) the last written settlement amount offered by FullStackRemote in settlement of the dispute prior to the arbitrator’s award; or (iii) $1,000.

24.5 Fees and Procedure

The parties to the arbitration shall each pay an equal share of the costs and expenses of such arbitration, and each party shall separately pay for its respective counsel fees and expenses; provided, however, that the arbitrator may award attorneys’ fees and costs to the prevailing party, except as prohibited by law. If you commence arbitration in accordance with these Terms, FullStackRemote will reimburse you for your payment of the filing fee, unless your claim is for more than $10,000, in which case the payment of any fees will be decided by the AAA Rules. Any arbitration hearing will take place at a location to be agreed upon in New Castle County, Delaware, but if the claim is for $10,000 or less, you may choose whether the arbitration will be conducted: (a) solely on the basis of documents submitted to the arbitrator; (b) through a non-appearance based telephone hearing; or (c) by an in-person hearing as established by the AAA Rules in the county (or parish) of your billing address. If the arbitrator finds that either the substance of your claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all fees will be governed by the AAA Rules. In that case, you agree to reimburse FullStackRemote for all monies previously disbursed by it that are otherwise your obligation to pay under the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator must issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees or expenses at any time during the proceeding and upon request from either party made within 14 days of the arbitrator’s ruling on the merits.

The arbitrator may grant injunctions and other relief. The arbitrator shall administer and conduct any arbitration in accordance with the law of the jurisdiction in which the dispute arose, including civil procedure rules, and the arbitrator shall apply the substantive and procedural law of the jurisdiction in which the dispute arose. To the extent that the AAA Rules conflict with local law, local law shall take preference. The decision of the arbitrator shall be final, conclusive, and binding on the parties to the arbitration. The parties agree that the prevailing party in any arbitration shall be entitled to injunctive relief in any court of competent jurisdiction to enforce the arbitration award.

24.6 No Class Actions

YOU AND FULLSTACKREMOTE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR MEMBER OF ANY CLASS, COLLECTIVE, OR REPRESENTATIVE PROCEEDING except that users may bring a proceeding as a private attorney general, if and as allowed by law. Further, unless both you and FullStackRemote agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding. Nothing in this Agreement infringes upon any rights a User may have under the Sarbanes-Oxley Act, including any rights prohibiting compulsory arbitration.

24.7 Modifications to this Arbitration Provision

If FullStackRemote makes any future change to this arbitration provision, other than a change to FullStackRemote’ address for Notice, you may reject the change by sending us written notice within 30 days of the change to FullStackRemote’ address for Notice, in which case your account with FullStackRemote will be immediately terminated and this arbitration provision, as in effect immediately prior to the changes you rejected will survive.

24.8 Enforceability

If Section 24.6 is found to be unenforceable or if the entirety of this Section 24 is found to be unenforceable, then the entirety of this Section 24 will be null and void and, in that case, the parties agree that the exclusive jurisdiction and venue described in Section 22 will govern any action arising out of or related to these Terms.

24.9 Right to Opt Out of Arbitration

You may submit a statement notifying FullStackRemote that you wish to opt out and not be subject to arbitration under this section. Should you desire to opt out, you must notify FullStackRemote of your intention to opt out by submitting a written notice, which may be via email to hire@fullstackremote.com, stating that you are opting out of this section. In order to be effective, your opt out notice must be provided within thirty (30) days of your agreeing to these Terms. Should you timely opt out of this section, you may pursue available legal remedies and will not be required to arbitrate claims.

25. CONTACT

For general support, please email hire@fullstackremote.com.

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