Terms and Conditions

REMOTIVATED LLC STANDARD

TERMS & CONDITIONS

LAST UPDATED OCTOBER 8, 2024

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These are the Standard Remotivated LLC (“Remotivated,” "Company," "we," "us," "our") Terms and Conditions (“Terms”). Remotivated offers using Business Consulting Services using a variety of platforms (“Services”). These Terms apply to all Remotivated customers and consumers engaging with Remotivated (“Users”), including without limitations, all users of our sites who are browsers, vendors, customers, merchants, and/or contributors of content whether personally or on behalf of an entity (“you”).  Please read carefully.  We recommend that you save a copy of these Terms for your records.

Users agree that accessing our services has read, understood, and agreed to be bound by these Terms. IF A USER DOES NOT AGREE WITH ALL THESE TERMS, THEN USERS ARE EXPRESSLY PROHIBITED FROM USING THE SERVICES AND MUST DISCONTINUE USE IMMEDIATELY.

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1. OUR INTELLECTUAL PROPERTY

We are the owner or the licensee of all intellectual property rights in our Services, including all source code, databases, functionality, software, website designs, audio, video, text, images, and graphics in the Services (collectively, the "Content"), as well as the trademarks, service marks, and logos contained therein (the "Marks").

Our Content and Marks are protected by copyright and trademark laws (and various other intellectual property rights and unfair competition laws) and treaties in the United States and around the world.

The Content and Marks are provided in or through the Services "AS IS" for your personal, non-commercial use or for legitimate internal business purposes only except where we have explicitly stated otherwise.

Our Services may include granting permission for the use of our intellectual property under limited and specific circumstances for your legitimate business purposes and in accordance with all other terms of this agreement. PERMISSION TO USE OUR INTELLECTUAL PROPERTY IS REVOKED IMMEDIATELY IF EITHER PARTY TERMINATES THIS AGREEMENT FOR ANY REASON.

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2. USER LICENSE

Subject to your compliance with these Terms, including the "PROHIBITED ACTIVITIES" section below, we grant you a non-exclusive, non-transferable, revocable license to:

• access the Services; and
• download or print a copy of any portion of the Content to which you have properly gained access.

Except as set out in this section or elsewhere in our Terms, no part of the Services and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.

If you wish to make any use of the Services, Content, or Marks other than as set out in this section or elsewhere in our Terms, please address your request to: hello@remotivated.com. 

If we ever grant you the permission to post, reproduce, or publicly display any part of our Services or Content, you must identify us as the owners or licensors of the Services, Content, or Marks and ensure that any copyright or proprietary notice appears or is visible on posting, reproducing, or displaying our Content.

We reserve all rights not expressly granted to you in and to the Services, Content, and Marks.

Any breach of these Intellectual Property Rights will constitute a material breach of our Terms and your right to use our Services will terminate immediately.

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3. USER REPRESENTATIONS

By using our Services, you represent and warrant that: (1) you have the legal capacity and you agree to comply with these Terms; (2) you are not a minor in the jurisdiction in which you reside; (3) you will not access the Services through automated or non-human means, whether through a bot, script or otherwise; (4) you will not use the Services for any illegal or unauthorized purpose; and (5) your use of the Services will not violate any applicable law or regulation.

If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Services (or any portion thereof).

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4. CONTENT POLICY

We create content about remote and hybrid organizations including company profile pages, blog posts, social media posts, videos and email newsletters. This content is for informational and entertainment purposes only and at times it may be incomplete, incorrect or out of date. If your organization has been featured in our content you may suggest changes by claiming your Company Profile page on our website or by emailing us at hello@remotivated.com. We will do our best to accommodate any reasonable requests but cannot guarantee that all suggestions will be implemented.

Our content is created using publicly available information as well as user reviews, survey responses and assessment data that we gather. The opinions expressed in our content are those of the author and do not necessarily reflect the opinions of Remotivated.

Remotivated clients receive featured content and an enhanced presence on our platform. To qualify, client organizations must pass a rigorous screening process which includes an employee engagement survey and an audit of their culture using both public and non-public information. You can identify the nature of our relationship with an organization by looking at their Company Profile page or emailing us at hello@remotivated.com.

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5. USER GENERATED CONTRIBUTIONS

You agree that we may access, store, process, and use any information and personal data that you provide and your choices (including settings).

By submitting suggestions or other feedback regarding the Services, you agree that we can use and share such feedback for any purpose without compensation to you.

We do not assert any ownership over User Generated Contributions. You retain full ownership of all of your Contributions and any intellectual property rights, or other proprietary rights associated with your Contributions. We are not liable for any statements or representations in your Contributions provided by you in any area of the Services. You are solely responsible for your Contributions to the Services, and you expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding your Contributions.

We may store your Contributions but are under no obligation to do so. Some of our Services may involve collecting Contributions from users such as you, your employees or your other representatives and agents. While we are under no obligation to furnish you with Contributions of any kind including your own Contributions, we particularly disclaim any obligation to share Contributions when doing so could, in our opinion or in reality, negatively impact the contributing user. Examples include but are not limited to personally identifying information about survey respondents and individuals who have left reviews on our Services.

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6. USER DATA

We may store certain data that you transmit to the Services for the purpose of managing the performance of the Services, as well as data relating to your use of the Services. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Services. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.

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7. PROHIBITED ACTIVITIES

You may not access or use the Services for any purpose other than that for which we make the Services available. The Services may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.

As a user of the Services, you agree not to:

• Systematically retrieve data or other content from the Services to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
• Trick, defraud, or mislead us and other users, especially in trying to learn sensitive account information like user passwords.
• Circumvent, disable, or otherwise interfere with security-related features of the Services, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Services and/or the Content contained therein.
• Disparage, tarnish, or otherwise harm us and/or the Services.
• Use any information obtained from the Services to harass, abuse, or harm another person.
• Make improper use of our support services or submit false reports of abuse or misconduct.
• Use the Services inconsistent with any applicable laws or regulations.
• Engage in unauthorized framing of or linking to the Services.
• Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Services or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Services.
• Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.
• Delete the copyright or other proprietary rights notice from any Content.
• Attempt to impersonate another user or person or use the username of another user.
• Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats ("gifs"), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as "spyware" or "passive collection mechanisms" or "pcms").
• Interfere with, disrupt, or create an undue burden on the Services or the networks or services connected to the Services.
• Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Services to you.
• Attempt to bypass any measures of the Services designed to prevent or restrict access to the Services, or any portion of the Services.
• Copy or adapt the Services' software, including Flash, PHP, HTML, JavaScript, or other code.
• Except as permitted by applicable law, decipher, decompile, disassemble, or reverse engineer any software or processes comprising or making up a part of the Services.
• Except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Services, or use or launch any unauthorized script or other software.
• Use a buying agent or purchasing agent to make purchases on the Services.
• Make any unauthorized use of the Services, including collecting usernames and/or email addresses of users by electronic or other means to send unsolicited email or create user accounts by automated means or under false pretenses.
• Use the Services as part of any effort to compete with us or otherwise use the Services and/or the Content for any revenue-generating endeavor or commercial enterprise.

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8. SUBMISSIONS

You are responsible for what you post or upload.  By directly sending us any question, comment, suggestion, idea, feedback, or other information about the Services ("Submissions"), you agree to assign to us all intellectual property rights in such Submissions. You agree that we shall own these Submissions and be entitled to their unrestricted use and dissemination for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you.

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By sending us Submissions through any part of our Services you:

• confirm that you have read and agree with our PROHIBITED ACTIVITIES and will not post, send, publish, upload, or transmit through the Services any Submission that is illegal, harassing, hateful, harmful, defamatory, obscene, bullying, abusive, discriminatory, threatening to any person or group, sexually explicit, false, inaccurate, deceitful, or misleading;
• to the extent permissible by applicable law, waive any and all moral rights to any such Submission;
• warrant that any such Submission are original to you or that you have the necessary rights and licenses to submit such Submissions and that you have full authority to grant us the above-mentioned rights in relation to your Submissions; and
• warrant and represent that your Submissions do not constitute confidential information.
• confirm that we have permission to use any contact information provided for our legitimate business purposes

You are responsible for your Submissions and agree to reimburse us for any losses that we may suffer because of (a) this section, (b) any third party’s intellectual property rights, or (c) applicable law.

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9. JURISDICTION

The information provided when using the Services is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those who choose to access the Services from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.

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10.   SERVICES MANAGEMENT

We reserve the right, but not the obligation, to: (1) monitor the Services for violations of these Terms; (2) take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms, including without limitation, reporting such user to law enforcement authorities; (3) in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Contributions or any portion thereof; (4) in our sole discretion and without limitation, notice, or liability, to remove from the Services or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems; and (5) otherwise manage the Services in a manner designed to protect our rights and property and to facilitate the proper functioning of the Services.

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11. TERM AND TERMINATION

These Terms shall remain in full force and effect while you use the Services. WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SERVICES (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE TERMS OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SERVICES OR DELETE ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION.

Terms listed on your Order Form take precedence over those listed here. For any ongoing service that does not have renewal terms listed on the Order Form, that service shall renew one year from the start date and on the anniversary every year thereafter unless either party notifies the other party in writing at least 30 days prior to renewal.

If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.

Termination of your account whether by you or by us does not invalidate any other provision of this agreement nor does it waive any outstanding balances or entitle you to a refund unless we agree to such in writing.

Any permission you may have had from us to use our Intellectual Property is revoked immediately upon termination of this agreement with the following provisions:

1. Clients who earned certification for a particular year may continue to display our certification badge FOR THE YEARS IT WAS EARNED ONLY. You must use the badge for that year as it was provided by us and may not modify the file in any way. You may continue to use any other data points or infographics we provided to you during your use of our Services as long as that year’s badge is displayed conspicuously on the same page (including website pages, banners or social media graphics) with those other images or data points.
2. You agree not to use any other portion of our Intellectual Property after the termination of this agreement except as described in “8a”. This includes displaying our badges, logos or promotional materials in any way that could imply a continued relationship with Remotivated or implies endorsement from us in a year in which it was not earned. You further agree that the inappropriate use of our badges, logos or other Intellectual property without our explicit permission, would likely harm our brand and incur monetary damages for which you would be liable.

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12. PAYMENT TERMS

Unless otherwise outlined in your agreement with Remotivated or on your invoice, invoices are due and payable upon receipt. Discontinuing use of our Services does not waive the balance owed nor entitle you to a refund unless we explicitly agree to such in writing.

There is a late payment fee of 2% for every month that payment is overdue. You are liable for any costs we incur collecting payments including legal fees if applicable.

Because many of our Services are rendered up front and renewed annually, payments are not refundable, and cancellations will not be prorated unless we agree otherwise.

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13. MODIFICATIONS AND INTERRUPTIONS

We reserve the right to change, modify, or remove the contents of the Services at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Services. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Services.

We cannot guarantee the Services will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Services, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Services at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Services during any downtime or discontinuance of the Services. Nothing in these Terms will be construed to obligate us to maintain and support the Services or to supply any corrections, updates, or releases in connection therewith.

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14. GOVERNING LAW

These Terms shall be governed by and defined following the laws of the United States and the state of New Hampshire, and you irrevocably consent that the courts of the same shall have exclusive jurisdiction to resolve any dispute which may arise in connection with these Terms.

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15. DISPUTE RESOLUTION

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1. INFORMAL NEGOTIATIONS

To expedite resolution and control the cost of any dispute, controversy, or claim related to these Terms (each a "Dispute" and collectively, the "Disputes") brought by either you or us (individually, a "Party" and collectively, the "Parties"), the Parties agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below) informally for at least 30 days before initiating arbitration. Informal negotiations commence upon written notice from one Party to the other Party.

2. BINDING ARBITRATION

Any dispute arising out of or in connection with these Terms, including any question regarding its existence, validity, or termination, shall be referred to and finally resolved by an arbitrator of our choosing. The language of the proceedings shall be English. The governing law of these Terms shall be substantive law of New Hampshire.

3. RESTRICTIONS

The Parties agree that any arbitration shall be limited to the Dispute between the Parties individually. To the full extent permitted by law, (a) no arbitration shall be joined with any other proceeding; (b) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures; and (c) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.

4. EXCEPTIONS TO INFORMAL NEGOTIATIONS AND ARBITRATION

The Parties agree that the following Disputes are not subject to the above provisions concerning informal negotiations binding arbitration: (a) any Disputes seeking to enforce or protect, or concerning the validity of, any of the intellectual property rights of a Party; (b) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use; and (c) any claim for injunctive relief. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.

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16. CORRECTIONS

We may provide information about our Services that contain typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Services at any time, without prior notice.

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17. DISCLAIMER

THE SERVICES ARE PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SERVICES' CONTENT OR THE CONTENT OF ANY WEBSITES OR MOBILE APPLICATIONS LINKED TO THE SERVICES AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICES, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICES BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

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18. LIMITATIONS OF LIABILITY

IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE LESSER OF THE AMOUNT PAID, IF ANY, BY YOU TO US. CERTAIN US STATE LAWS AND INTERNATIONAL LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

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19. INDEMNIFICATION

You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: (1) use of the Services; (2) breach of these Terms; (3) any breach of your representations and warranties set forth in these Terms; (4) your violation of the rights of a third party, including but not limited to intellectual property rights; or (5) any overt harmful act toward any other user of the Services with whom you connected via the Services. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.

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20. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES

Visiting our website, sending us emails, instant messages, video messages, teleconferencing with us, completing online forms and interacting with our Services all constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Services, satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO THE ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SERVICES. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.

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21. PARTNERSHIPS & PROMOTIONS

We partner with other organizations (“Partner”) including software vendors and consulting firms whom we feel add value to our customer base and the remote work community. In some cases, neither us nor our Partner, have any financial incentives.  However, Remotivated may receive monetary compensation or discounts for our clients in exchange for promoting certain Partners and is under no obligation to inform any Users.

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22. EMPLOYEE REFERRAL PROMOTION

On occasion, we offer incentives to User employees who nominate their company for our certification program. 

To qualify for these incentives the following criteria must be met:

1. Nominations were made during a period when we were publicly advertising a referral promotion. Promotions begin and end at midnight on the listed dates.
2. The nominated company became a paying client of Remotivated within 180 days of the qualifying referral and either achieved certification or purchased a consulting package.
3. The referring employee was employed at the nominated company when the referral was made and when the company achieved certification.
4. The referring employee provided complete and accurate information in their submission or in follow-up correspondence with our team. 
5. The referring employee did not elect to remain anonymous. Although we allow (and highly value) anonymous nominations, they are ineligible for referral promotions. 

If the above criteria are met, the advertised promotional incentive will be given to the referring employee. Many incentives are fulfilled by 3rd parties.  We strive to deliver incentives within 30 days of qualification, some incentives, particularly physical products may have a longer delivery period.  Remotivated accepts no liability for products, whether physical or digital.  Some incentives may require additional information for delivery.  If the referring employee does not respond to our written request to the email provided with the nomination within 30 days, the incentive will be forfeited. In all cases we reserve the right to substitute an incentive of comparable value, gift cards or cash for any listed incentive. 

In the event of multiple qualified referring employees within the same organization, any incentive will be distributed to the first referral that was received which meets the criteria set forth above. 

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23. MISCELLANEOUS

These Terms and any policies, contracts, or operating rules posted by us on our websites, or otherwise distributed to the Users constitute the entire agreement and understanding between you and us. Supplemental terms and conditions or documents posted on the Services Page of our Websites from time to time are hereby expressly incorporated herein by reference. 

We reserve the right, in our sole discretion, to make changes or modifications to these Terms at any time and for any reason. Any changes will be noted by updated the "Last updated" date of these Terms.  You waive any right to receive specific notice of each such change. It is your responsibility to periodically review these Terms to stay informed of updates. You will be subject to and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms by your continued use of the Services after the date such revised Terms are posted.

Our failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision. These Terms operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of these Terms is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Terms or use of the Services. You agree that these Terms will not be construed against us by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Terms and the lack of signing by the parties hereto to execute these Terms.

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24. CONTACT US

In order to resolve a complaint regarding the Services or to receive further information regarding use of the Services, please contact us via email to hello@remotivated.com. 

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