Terms of Use

EFFECTIVE AS OF MAY 23, 2018

 

gigHire is owned and operated by gigHire LLC, a Delaware limited liability company (“gigHire”, “we” or “us”). The following Terms of Use govern all use of the Services via the Website located at https://www.gigHire.com and all content, functionality, services, and products available at or through the Website, and any of our other products or services (collectively referred to as the “Services”). These Terms of Use explain the nature of gigHire’s services; the rules gigHire expects users to follow on our Website; the relationship between gigHire, our users, and our Freelancers; and the details that control these rules and relationships.

 

Please read the Terms of Use carefully before using the Services because they contain provisions that affect your rights and obligations, including a mandatory arbitration provision and a waiver of your right to participate in a class action.  By accessing or using any part of the Website or using the Services, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy, found at gighire.com (“Privacy Policy”), which are incorporated herein by reference. If you do not want to agree to these Terms of Use or the Privacy Policy, you must not access or use the Services.

 

The Services are offered and available to individuals who are 18 years of age or older. gigHire does not target Content (as defined below) to anyone under 18. If we learn of any User under the age of 18, we will terminate that User’s account immediately. By using the Services, you represent and warrant to gigHire that you are 18 years of age or older and are otherwise capable of forming a legally binding contract with gigHire and that your use of the Services is consistent with our Terms of Use, our Privacy Policy, and all applicable law. If you do not meet these requirements, you must not access or use the Services. You acknowledge and confirm that (i) you have read and understand all of the terms, conditions, policies, provisions, disclosures and disclaimers contained herein, (ii) these Terms of Use have the same force and effect as a signed agreement, and (iii) you expressly accept and agree to be bound by the terms hereof.



gigHire and the Services are operated from within the United States.  If you access the Services from a location outside the United States, you are responsible for compliance with the laws of that jurisdiction regarding online conduct and acceptable content. If you live outside the United States, by agreeing to these Terms of Use you consent to the transfer and processing of your personal information in the United States in accordance with the Privacy Policy and United States law. gigHire makes no claim that the content of the Services may be utilized, accessed or appropriate outside the United States. You must not access or use the Services from a territory that is embargoed by the United States or from which it is illegal to receive products, services, or software from the United States.

 

Signing up for Services and Beta Test

 

  1. Registration. Using the Services requires you to create an account and accept our Terms of Use.

 

  • Talent: To use gigHire’s service as “Talent” to be considered for projects by our member companies, you must create a profile. To create a profile, you must give us your: first & last name, email address, work history, prior clients or employers, education and, your estimated billing rate. You will also be asked to provide samples of your work, resume, biography and any other work-related materials you deem relevant for Hirers. gigHire reserves the right to remove and/or delete any material for any reason in its sole discretion.

 

  • Hirer: To use gigHire’s services as a “Hirer,” you must create an account which includes creating a username and password. To create an account, you must give us your:  first & last name, email address, company name, country, street address, phone number. 

 

By registering, you represent and warrant: (i) that all of the information that you provide is correct, current, and complete; (ii) that you have created an account for yourself and have not misrepresented your identity or created a false identity; and (iii) that you have not registered for any illegal purpose, to facilitate any illegal topic, or otherwise for the purpose of providing any illegal information. If you believe that your identity or someone else’s identity has been misrepresented, please contact us immediately. You may also report Users who you believe to be in breach of this paragraph.  

 

You agree that all information you provide to register with or use the Services or otherwise is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.  

 

You agree to keep your account information confidential and to not share your account with others.

 

  1. Definitions. The following terms are used throughout these Terms of Use and have specific meanings.

 

    1. Services” has the meaning set forth in the first paragraph and means the services provided by gigHire, including without limitation the Website; access to gigHire’s online community; communication tools; document management and storage solutions; and payment services. gigHire does not serve as an employment agency. We provide a platform for our Users to meet and exchange information with our Freelancers.

 

    1. Terms of Use” mean, collectively, to all the terms, conditions, and notices contained or referenced in this document.

 

    1. Website” means gigHire’s website located at https://www.gigHire.com, all subpages and subdomains, and all content, services, and products available at or through the Website.

 

    1. gigHire,” “We,” and “Us” mean gigHire LLC as well as our affiliates, directors, subsidiaries, officers, and employees. Freelancers are not employed or retained by gigHire.

 

    1. User,” “You” and “Your” mean the person, company, or organization that has visited or is using the Website and/or the Services. A User may be a Client, a Freelancer, both, or neither.

 

    1. Freelancers” means registered Freelancers who may communicate with and provide contracting or consulting work to Clients or fellow Freelancers via the Services. Freelancers are not the employees or agents of gigHire. Freelancers are independent service providers who offer to perform certain services for prospective Clients. They are not employees of gigHire.

 

    1. Clients” mean (1) Users who submit requests for proposals from Freelancers for providing services for a fee (“Jobs”); and (2) Users who contract with Freelancers for additional work, which, may include permanent engagement, beyond the initial Job which is established between Freelancer and Client.

 

    1. Content” means content featured or displayed through the Website, including without limitation text, documents, information, data, articles, opinions, images, photographs, graphics, software, applications, video recordings, audio recordings, sounds, designs, features, and other materials that are available on the Website. Content includes, without limitation, User-Generated Content, which may be submitted or posted by any gigHire User (Client or Freelancer) through the Website or Services, any information transmitted to Users or third parties, and any information provided at the time of signing up for the Services.

 

    1. User-Generated Content” has the meaning set forth in Section 5.a.

 

  1.     About the gigHire Service.

 

gigHire provides a platform for collaboration and communication between Freelancers and Users. gigHire provides access to gigHire’s virtual community of Freelancers; easy collaboration through gigHire’s communication management tools; document management and storage; and simple, secure payment and invoicing tools.

 

  1. Becoming a Member. Freelancers who wish to join the gigHire platform and use the Services must first register for the Services (see “Signing up for Services and Beta Test” above). In order to be hired by prospective Clients a Freelancer must also complete a written interview with gigHire and be certified as a “Member.” gigHire will rate and certify the Freelancer as a “Member” in its sole discretion, and gigHire will have no liability to any Freelancers with respect thereto. Prospective Clients will be able to search and see the profiles of Freelancers who have registered for the Services based on keywords, but will not be able to hire Freelancers who have not yet been certified as “Members.”

 

  1. gigHire Is Not an Employment Agency. gigHire is not an employment agency. gigHire does not select or endorse any individual Freelancer to provide Services to a Client. gigHire does not do background checks on Freelancers.  gigHire may rate Freelancers based on a subjective rating scale that includes level of experience and work samples, but a rating from gigHire is not an indication that gigHire has actually used such Freelancer.

 

We do not make any warranty, guarantee, or representation as to the ability, quality, or qualifications of any Freelancer. gigHire does not warrant or guarantee that Freelancers are insured or bonded. gigHire encourages Clients to research any Freelancer before accepting Services.

 

  1. gigHire Does Not Guarantee Results. From time to time, Clients may submit reviews of Freelancers; gigHire does not investigate or confirm such ratings or reviews. gigHire may rate Freelancers, but these reviews and ratings do not constitute a guarantee, warranty, or anticipated results of Services (including, but not limited to, any hiring outcomes) by gigHire. gigHire will have no responsibility or liability of any kind for any User-Generated Content or Services provided on or through the Website, and any use of or reliance on User-Generated Content or acceptance of Services is solely at your own risk.

 

  1. Freelancer Ratings. Freelancers may view their average rating at any time. However, Freelancers who have not yet received a rating will only be able to see their gigHire rating.

 

  1. User Responsibilities.  You are solely responsible for your account and anything that happens while you are signed in to or using your account. Your security is your responsibility.

 

  1. User Account Security. If you sign up for the Services, you will create a personalized account which includes a unique username and a password to access the Services. You are responsible for maintaining the security of your account, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the account. You agree to notify gigHire immediately of any unauthorized use of your account or any other breaches of security. We will not be responsible for any liabilities, losses, or damages arising out of the unauthorized use of your computer, mobile device, or other computing device and/or account.

 

  1. Relationship with Freelancers. Because we cannot guarantee or warrant the quality or abilities of any of our Freelancers for your specific needs, we encourage Clients to research Freelancers independently before accepting Services.

 

  1. User-Generated Content. User-Generated Content posted on the Website, such as Freelancer reviews, is provided for informational purposes only, with no assurance that the User-Generated Content is true, correct, or accurate.

 

  1. Compliance with Laws. You represent and warrant that: (i) you have the authority to, and are of legal age in your jurisdiction to, bind yourself to these Terms of Use; (ii) your use of the Services will be solely for purposes that are permitted by these Terms of Use; (iii) your use of the Services will not infringe or misappropriate the intellectual property rights of any third party; and (iv) your use of the Services will comply with all local, state and federal laws, rules, and regulations, and with all other gigHire policies.

 

  1. Restrictions. The following restrictions are the basic rules we expect you to follow while using the Services. We are not responsible for the content our Users post, and we have the right to close accounts if we deem necessary.

 

  1. Prohibited Content. You agree that you will not under any circumstances transmit any Content (including software, text, images, or other information) that:

 

  1. is unlawful or promotes unlawful activity;

 

  1. defames, harasses, abuses, threatens, or incites violence towards any individual or group;

 

iii. is pornographic, discriminatory, or otherwise victimizes or intimidates an individual or group on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;

 

  1. is spam, is machine- or randomly-generated, constitutes unauthorized or unsolicited advertising, chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling;

 

  1. contains or installs any viruses, worms, malware, Trojan horses, or other content that is designed or intended to disrupt, damage, or limit the functioning of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of any third party;

 

  1. infringes on any proprietary rights and/or intellectual property rights of any party, including patent, trademark, trade secret, copyright, right of publicity, or other rights;

 

vii. impersonates any person or entity, including any of our employees or representatives, or is inaccurate, false, fraudulent, or misleading; or

 

viii. violates the privacy of any third party.

 

  1. Prohibited Actions. You agree to use the Services in accordance with the provisions below:

 

  1. You may not decompile, reverse engineer, or otherwise attempt to obtain the source code of any content on the Services;

 

  1. You will not use, store, copy, upload, display, post, reproduce, modify, translate, republish, distribute, broadcast, transmit, create derivative works from, display, license, sell or otherwise exploit any part of the Services or content on the Services in any form whatsoever other than as expressly permitted under these Terms of Use.

 

iii. You will comply with applicable local, state, national or international laws, statutes, ordinances, rules, regulations or ethical codes governing your jurisdiction.

 

  1. You will only use the Services in accordance with the laws of your jurisdiction for personal, non-commercial purposes.

 

  1. You will not act in a manner that violates these Terms of Use.

 

  1.      No Liability for User Interactions; gigHire May Monitor Interactions. Any liability, loss or damage that occurs as a result of any User interactions, including, without limitation, Job Postings, that you input or receive through your use of the Services is solely your responsibility. If you experience a problem while using the Services, please reach out directly to gigHire at support@gighire.com. gigHire uses Inspectlet to troubleshoot problems with the Services. By using the Services, you acknowledge that Inspectlet will process your information in accordance with their policies and terms, available at https://www.inspectlet.com/.

 

  1.      Right to Terminate Accounts. We have the right to, in our sole discretion, determine whether or not any User conduct is appropriate and complies with these Terms of Use, or terminate, suspend, or deny access to and use of the Service to any User for any reason, with or without prior notice.

 

  1.      User-Generated Content.  You own your Content, but you allow us certain rights to it, so that we can display and share the Content you post. We have the right to remove Content if we need to.

 

  1.      Responsibility for User-Generated Content. You may create Content, written or otherwise, while using the Services (“User-Generated Content”). You are solely responsible for the content of, and any harm resulting from, any User-Generated Content that you post, upload, link to or otherwise make available via the Services, regardless of the form of that Content. Any liability, loss or damage that occurs as a result of the use of any User-Generated Content that you make available or access through your use of the Services is solely your responsibility. We are not responsible for any public display or misuse of your User-Generated Content.

 

  1.      Right to Post. You represent and warrant that you have the right to post all User-Generated Content you submit. Specifically, you warrant that you have fully complied with any third party licenses relating to User-Generated Content, and have taken all steps necessary to pass through to end users any required terms.

 

  1.      gigHire May Modify or Remove Content. We have the right (though not the obligation) to, in our sole discretion, determine whether or not any User-Generated Content appropriate and complies with these Terms of Use, or refuse or remove any User-Generated Content that, in our sole discretion, violates any gigHire policy or is in any way harmful, inappropriate, or objectionable. gigHire further reserves the right to make formatting and edits and change the manner any User-Generated Content is displayed on the Website. We reserve the right to (i) take any action with respect to any Content that we deem necessary or appropriate in our sole discretion, including if we believe that such Content violates these Terms of Use, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of Users or the public or could create liability for gigHire; (ii) disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy; and (iii) take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Services.

 

YOU WAIVE AND HOLD HARMLESS GIGHIRE AND ITS AFFILIATES, LICENSEES AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY SUCH PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.

 

We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.

 

  1.      Ownership of User-Generated Content. Except for Content that originates from gigHire, we do not claim ownership of any Content that is transmitted, stored, or processed in your account. You retain all ownership of, control of, and responsibility for User-Generated Content you post. You may control access to your User-Generated Content through settings in your account.

 

  1.      Licenses Granted. gigHire grants to you a revocable, non-transferable, nonexclusive, limited and non-assignable license to access and use the Services in accordance with these Terms of Use.  gigHire reserves all other rights in the Services not expressly granted to you.

 

You grant gigHire and our successors a worldwide, unlimited, irrevocable, sublicenseable, royalty-free license to publicly and privately use, adapt, publish, distribute, reproduce, display, copy, edit and/or modify, perform, create derivative works from, or otherwise make use of any Content. You understand and acknowledge that you are responsible for any Content you submit or contribute, and you, not gigHire, are fully responsible for such Content, including its legality, reliability, accuracy and appropriateness. We are not responsible, or liable to any third party, for the content or accuracy of any Content. You acknowledge that all Content accessed by you using the Services is at your own risk and you will be solely responsible for any damage or loss to any party resulting therefrom.

 

  1.      Freelancers.

 

  1.      Relationship through Service Use. Clients may post Jobs through the Services. Upon acceptance, the scope of a Freelancer’s representation is strictly limited to the matter agreed upon unless Client and Freelancer subsequently formalize their arrangement via another agreement outside of the scope of these Terms of Use. gigHire will not be liable or responsible for monitoring or enforcing any such arrangements outside of the scope of these Terms of Use.

 

  1.      User Responsibilities. Freelancers are solely responsible for ensuring that any information, solicitations, or advertisements they post or place on the Website, including without limitation User-Generated Content, and any communications they may have with prospective Clients through the Website or the Services, fully comply with all applicable laws and rules of professional conduct, including those concerning the unauthorized practice of law and those regulating the form, manner or content of communications with clients, advertising, or other matters.

 

  1.      Freelancers; gigHire is Not a Party to Contracts. Clients may contract with Freelancers through posting and acceptance of Jobs. Such arrangements are solely between the Client and the Freelancer. gigHire will not be a party to any contracts for Jobs submitted through the Services. gigHire facilitates these contracts by supplying a platform for communication management and payment tools. gigHire does not provide services and does not charge for Freelancer services.

 

  1.      Third Party Content. There may be content from third parties on gigHire’s website, such as blog posts written by other Users or links to other websites, or the Services may link to independent third-party websites or social media widgets. Any such hyperlinks are provided for your reference and convenience only. Because we cannot control that content, we are not responsible for that content or for the websites that content may link to.

 

When you access third party websites or interact or communicate with third parties (including other Talent and Hirers) through the Services, you do so at your own risk. gigHire is not responsible for the availability, accuracy, actions, content, information, data, practices, policies or opinions of any third parties. You are solely responsible for your interactions with third parties and you should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline interaction with any other person.

 

  1.      Copyright Infringement and Digital Millennium Copyright Act (“DMCA”) Policy. If you believe that your copyrighted work has been unlawfully copied and is accessible on the Services in a way that constitutes copyright infringement, please send a notice of copyright infringement to:

 

gigHire LLC

42 West 38th Street, Suite 802

New York, New York 10018

support@gighire.com

646-741-4494

 

The notice should include:

 

  • Your full name and electronic or physical signature.
  • Your mailing address, phone number and email address (at which you can be contacted by us or the alleged infringer).
  • A statement that you are the owner, or are authorized to act on behalf of the owner, of the copyright that is allegedly infringed, and that the information in your notice is accurate.
  • A statement that you have a good faith belief that the disputed use of the copyrighted materials is not authorized by the copyright owner, its agent or by law, such as fair use.
  • A description of the copyrighted work(s) that you claim has been infringed.
  • A description of the location of the copyrighted materials on the Services.

 

  1.      Termination of Repeat Infringer Accounts. gigHire respects the intellectual property rights of others and requests that our Users do the same. We will terminate a User’s access to and use of the Website if, under appropriate circumstances, the User is determined to be a repeat infringer of the copyrights or other intellectual property rights of gigHire or others. We may terminate access for Users who are found repeatedly to provide or post protected third party content without necessary rights and permissions.

 

  1.      Counter-Notices. If you believe that your User-Generated Content that has been removed from the Website is not infringing and/or that you have the authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, to post and use the content you submitted to the Website, you may send a properly formatted counter-notice to gigHire’s copyright agent using the contact information set forth above. Pursuant to the DMCA, the Counter-Notice must include substantially the following:

 

  • Your physical or electronic signature.
  • An identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access disabled.
  • Adequate information by which we can contact you (including your name, postal address, telephone number and, if available, e-mail address).
  • A statement under penalty of perjury by you that you have a good faith belief that the material identified above was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled.
  • A statement that you will consent to the jurisdiction of the federal district court for the judicial district in which your address is located (or if you reside outside the United States for any judicial district in which the Website may be found) and that you will accept service from the person (or an agent of that person) who provided the Website with the complaint at issue.

 

  1.   Intellectual Property Notice.

 

  1.      No Transfer. gigHire retains ownership of all intellectual property rights of any kind related to the Website and Services, including applicable copyrights, patents, trademarks and other proprietary rights. Using our Services does not give you ownership of any intellectual property rights in the Services or any Content on the Services. You may not use Content from the Services unless you obtain permission from gigHire and the User who generated the Content, if different from gigHire, or are otherwise permitted by law. These Terms of Use do not grant you the right to use any of gigHire’s technology or intellectual property. You may not remove, obscure, or alter any copyright or other legal notices displayed in or along with the Services. No right, title or interest in or to the Services or any content on the Services is transferred to you, and all rights not expressly granted are reserved by gigHire. Any use of the Services not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark and other laws.

 

We reserve all rights that are not expressly granted to you under these Terms of Use. gigHire, gigHire.com, and all other trademarks that appear, are displayed, or are used on the Website or as part of the Services are registered or common law trademarks or service marks of gigHire LLC. These trademarks may not be copied, downloaded, reproduced, used, modified, or distributed in any way without prior written permission from gigHire, except as an integral part of any authorized copy of the Content.

 

  1. Email Communications and Internet Connections. We use email and electronic means to stay in touch with our Users.

 

  1.      Electronic Communications Required. For contractual purposes, you (i) consent to receive communications from gigHire in an electronic form via the email address you have submitted or via the Services; and (ii) agree that the Terms of Use, agreements, notices, disclosures, and other communications that gigHire provides to you electronically satisfy any legal requirement that such communications would satisfy if they were in writing. This section does not affect your non-waivable rights.

 

  1.      Legal Notice To gigHire Must Be In Writing. Communications made through email or the private messaging system of the Services will not constitute legal notice to gigHire or any of our officers, employees, agents or representatives in any situation where notice to gigHire is required by contract or any law or regulation.

 

  1. Internet Connections. You understand that gigHire provides the Services over the Internet and that such connections can be unpredictable, insecure, and unstable, such that gigHire cannot guarantee uninterrupted access to the Services. gigHire disclaims all liability in connection with any interruptions to access to the Services, security incidents or breaches arising from or attributable to an Internet and/or data connection. You agree to waive any and all claims against gigHire in connection therewith.

 

  1.  Termination. These Terms of Use will remain in effect until terminated by you or gigHire. Termination of the Services does not necessarily end any relationship between a Freelancer and a Client.

 

  1.      You May Terminate These Terms of use. If you wish to terminate these Terms of Use or your account with the Services, simply discontinue using gigHire. If you wish to delete your User account data, please contact gigHire at support@gigHire.com. We will retain and use your information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements, but except for legal requirements, we will delete your full profile within 30 days; provided, however, that gigHire reserves the right to maintain backups of your information for up to 1 year (and will store your information in accordance with our Privacy Policy and these Terms of Use). We have no obligation to maintain, store, or transfer your information or data that you have posted on or uploaded to the Services.

 

  1.      gigHire May Terminate These Terms of Use. gigHire may terminate your access to all or any part of the Website, stop providing Services to you, add or create new limits to our Services, or restrict your access to all or part of the Services at any time, for any reason (including, but not limited to, due to your violation of these Terms of Use or for business reasons), with or without cause, with or without notice, effective immediately and without liability. We will not be liable if for any reason all or any part of the Services are unavailable at any time or for any period.  The right to access and use the Services is revoked in jurisdictions where it may be prohibited, if any. We also reserve the right to add or remove functionalities or features of the Services, and we may suspend, stop, or delete a User account or may suspend or stop the Services altogether, including, for example, if you do not comply with these Terms of Use or if we are investigating suspected misconduct or breach of any applicable laws.

 

  1.      Relationships Between Freelancer and Client Survive Termination. Termination of your relationship with gigHire does not affect your relationship with any Freelancer or User you have established a relationship with through the gigHire Services. All contractual obligations and responsibilities are governed by their respective terms.

 

  1.      Some Provisions Survive Termination. All provisions of these Terms of Use which by their nature should survive termination will survive termination, including, without limitation, ownership provisions, arbitration provisions, jurisdictional, limitation of time to file claims, warranty disclaimers, indemnity, and limitations of liability.

 

  1.  Disclaimer of Warranties. We provide the Services as-is, and we make no promises or guarantees about the Services. Please read this section carefully; you should understand what to expect.

 

  1.      THE SERVICES AND ANY ASSOCIATED CONTENT ARE PROVIDED ON AN “AS IS” AND AS AVAILABLE BASIS” WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER GIGHIRE NOR ANY PERSON ASSOCIATED WITH GIGHIRE MAKES ANY REPRESENTATION OR WARRANTY WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE SERVICES OR ANY ASSOCIATED CONTENT. WITHOUT LIMITING THE FOREGOING, NEITHER GIGHIRE NOR ANYONE ASSOCIATED WITH GIGHIRE REPRESENTS OR WARRANTS THAT THE SERVICES OR ANY ASSOCIATED CONTENT WILL BE ACCURATE, RELIABLE, ERROR-FREE, SECURE, UPDATED OR UNINTERRUPTED, THAT DEFECTS OR ERRORS WILL BE CORRECTED, THAT THE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, THAT THE SERVICES WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, OR THAT THE SERVICES WILL OTHERWISE MEET YOUR NEEDS, REQUIREMENTS, OR EXPECTATIONS.

 

GIGHIRE HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE, TITLE, SECURITY, ACCURACY AND NON-INFRINGEMENT.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

  1.     You assume full responsibility and risk of loss resulting from your use of information, content or other material obtained from the Services. Some jurisdictions limit or do not permit disclaimers of warranty, so this provision may not apply to you.

 

  1.  Limitation of Liability. We will not be liable for damages or losses arising from your use of the Services or arising under these Terms of Use. Please read this section carefully; it limits our obligations to you.

 

YOUR USE OF THE SERVICES AND ANY CONTENT ON THE SERVICES IS AT YOUR SOLE RISK AND DISCRETION. You may not assert claims for money damages arising from the Services or any associated content against gigHire, its affiliates, licensors or service providers, or respective employees, contractors, officers, directors and agents. gigHire, its affiliates, licensors and service providers, and respective employees, contractors, officers, directors and agents shall not be liable for any direct, indirect, special, incidental, consequential, exemplary, or punitive damages, including but not limited to personal injury, pain and suffering, emotional distress, or loss of revenue, profits, use, goodwill or data, whether caused by tort (including negligence), breach of contract or otherwise, even if gigHire knew or should have known of the possibility of such damages, arising out of or in connection with (i) your use, or inability to use, the Services or any associated content or Content; (ii) any interaction with any third party through or in connection with the Services, including other Users; (iii) any information offered or provided within or through the Services; (iv) the use, disclosure, or display of your User-Generated Content; (v) the Services generally or the software or systems that make the Services available; or (vi) any other matter relating to the Services, whether based on warranty, contract, tort (including negligence) or any other legal theory; and whether or not gigHire has been informed of the possibility of such damage, and even if a remedy set forth in these Terms of Use is found to have failed of its essential purpose. gigHire will have no liability for any failure or delay due to matters beyond our reasonable control.

 

In no event shall gigHire, its affiliates, licensors or service providers, or its respective employees, contractors, officers, directors and agents be liable to you in the aggregate (for all potential claims by you) for any damages incurred in excess of one hundred dollars ($100). Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, gigHire’s liability shall be limited to the extent permitted by law.

 

  1.  Release and Indemnification.

 

  1.      You agree to indemnify and hold harmless gigHire from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Services, including but not limited to your violation of these Terms of Use. You are solely legally liable if your use or misuse of the Services or any associated content causes damage to the Services, to you, or to someone or something else. You agree to defend, indemnify, and hold harmless gigHire, its affiliates, licensors and service providers, and respective employees, contractors, officers, directors and agents from and against all liabilities, claims, damages, judgment, awards, losses, costs, expenses, fines or fees (including attorney's fees and investigation costs), that arise from or relate to your use or misuse of the Services, violation of these Terms of Use, or violation of a third party’s rights. gigHire reserves the right, at gigHire’s own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you agree to cooperate with gigHire in asserting any available defenses.

 

  1.      If you have a dispute with one or more Users, third party websites and/or third parties, you release gigHire (and gigHire’s officers, directors, agents, subsidiaries, joint ventures, and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes, including damages for loss of profits, goodwill, use, privacy, or data. We reserve the right, but have no obligation, to become involved in any way with these disputes. If you are a California resident, you waive California Civil Code §1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”

 

  1.  Modification of Terms of Use.  gigHire may amend these Terms of Use from time to time, and in gigHire’s sole discretion. Changes will not apply retroactively and will only become effective when (i) you use the Services after you know about the change, or (ii) thirty (30) days after they are posted, whichever is sooner. However, changes addressing new functions for a Service or changes made for legal reasons will be effective immediately. We encourage visitors to frequently check this page for any changes to these Terms of Use.   Your continued use of the Services after the effective date of a revised version of these Terms of Use constitutes your acceptance of and consent to the modified Terms of Use. You are expected to check this page frequently so you are aware of any changes, as they are binding on you. If the modified Terms of Use are not acceptable to you, you should not access or use the Services after the Last Modified Date.

 

  1. Confidentiality

 

  1. Confidentiality Obligation. gigHire may also share your personal and Confidential Information with third parties with whom we have established confidentiality agreements to maintain, manage, and support the services operations and systems. “Confidential Information” means all information, data, documents, agreements, files and other materials, whether disclosed orally or disclosed or stored in written, electronic or other form or media, which is obtained from or disclosed by us or you (a “Disclosing Party”) to the other (a “Recipient”) or its affiliates, or by or to its affiliates’ employees, officers, directors, partners, shareholders, agents, attorneys, accountants or advisors (collectively, “Representatives”), before, on or after the effective date of these Terms of Use, including, without limitation, any data; reports; studies; interpretations; forecasts; know-how; compositions; plans; strategies; strategic partnerships; employee information; financial records; intellectual property; trade secrets; product development plans; research; ideas; concepts; designs; technology; devices; inventions; methods or processes, whether or not patented or patentable; the substance of agreements with clients, suppliers and any third party; customer lists; supplier lists; marketing arrangements; pricing policies and records, and such other information normally understood to be confidential or otherwise designated as such in writing by the Disclosing Party, as well as information discerned from, based on or relating to any of the foregoing which may be prepared by the Recipient, all of which the Recipient expressly acknowledges and agrees shall be confidential and proprietary information belonging to the Disclosing Party.

 

The term “Confidential Information” shall not be deemed to include information which: (a) is now, or hereafter becomes publicly known or available through lawful means; (b) is rightfully in gigHire’s possession, as evidenced by gigHire’s records, or is part of Recipient’s general knowledge prior to Beta or future business endeavors; (c) is independently developed by gigHire.

 

  1. Obligations. The Recipient shall keep the Confidential Information strictly confidential and shall not use the Confidential Information for any purpose other than the Beta and/or use of the Services (“Purpose”). The Recipient shall not disclose or permit its Representatives to disclose any Confidential Information except: (i) if required by law, regulation or legal or regulatory process, or (ii) to its Representatives, to the extent necessary to permit such Representatives to assist the Recipient in evaluating, negotiating and consummating the Purpose; provided, that the Recipient shall require each such Representative to be bound by the terms of this Section 17 to the same extent as if they were parties hereto and the Recipient shall be responsible for any breach of this Section 17 by any of its Representatives.

 

  1. Required Disclosure. If the Recipient or any of its Representatives is required, in the written opinion of the Recipient’s counsel, to disclose any Confidential Information, by law, regulation or legal or regulatory process, the Recipient shall (a) take all reasonable steps to preserve the privileged nature and confidentiality of the Confidential Information, including requesting that the Confidential Information not be disclosed to non-parties or the public; (b) give the Disclosing Party prompt prior written notice of such request or requirement so that the Disclosing Party may seek, at its sole cost and expense, an appropriate protective order or other remedy; and (c) cooperate with the Disclosing Party, at the Disclosing Party’s sole cost and expense, to obtain such protective order. In the event that such protective order or other remedy is not obtained, the Recipient (or such other persons to whom such request is directed) will furnish only that portion of the Confidential Information which, on the advice of the Recipient’s counsel, is legally required to be disclosed and, upon the Disclosing Party’s request, use its best efforts to obtain assurances that confidential treatment will be accorded to such information.

 

  1. gigHire reserves the right to use and or share aggregated, not directly identifiable information about its customers, users and website visitors with third parties.

 

  1.  Miscellaneous.

 

  1.      Governing Law. You agree that the laws of the State of New York and U.S. federal law govern these Terms of Service, your use of the Services, and any claim or dispute that you may have against gigHire, without regard to New York’s conflict of laws rules. You consent to the personal and exclusive jurisdiction of the federal and state courts of New York, New York. The United Nations Convention on Contracts for the International Sale of Goods does not apply to these Terms of Use.

 

  1. Severability. If any part of these Terms of Use is held invalid or unenforceable, that portion of the Terms of Use will be construed to reflect the parties’ original intent. The remaining portions will remain in full force and effect. Any failure on the part of gigHire to enforce any provision of these Terms of Use will not be considered a waiver of our right to enforce such provision. Our rights under these Terms of Use will survive any termination of these Terms of Use.

 

  1. Limitation of Term of Action. You agree that any cause of action related to or arising out of your relationship with gigHire, these Terms of Use, or the Services must commence within one (1) year after the cause of action accrues. Otherwise, such cause of action is permanently barred.

 

  1. Binding Arbitration. In the rare event you have a dispute with gigHire, we encourage you to contact us immediately so we can work together toward a satisfactory resolution.  If we cannot come to a resolution, you agree that any claims, disputes, demands, counts, controversies, or causes of action between you and gigHire arising out of or relating to these Terms of Use, the Services (including the enforceability of these Terms of Use, our Privacy Policy, or information practices) will be finally and exclusively resolved by binding arbitration on an individual basis only (except as stated below). The arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of any class or representative proceeding.

 

YOU UNDERSTAND THAT YOU ARE WAIVING YOUR RIGHT TO HAVE YOUR CLAIMS HEARD IN COURT BY A JUDGE OR JURY. AN ARBITRATION AWARD IS AS ENFORCEABLE AS A COURT ORDER AND IS SUBJECT TO ONLY LIMITED REVIEW BY A JUDGE. YOU ALSO UNDERSTAND AND AGREE THAT THIS ARBITRATION PROVISION PREVENTS YOU FROM PARTICIPATING AS A PLAINTIFF OR AS A CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING.

 

Arbitration will be subject to the Federal Arbitration Act, and shall be commenced and conducted by the American Arbitration Association (“AAA”) under the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes, as amended by this provision, by one arbitrator that is acceptable to both parties.  You can find out more AAA and how to file an arbitration claim at www.adr.org or by calling 800-778-7879.

 

Your arbitration fees and your share of arbitrator compensation shall be governed by the AAA rules and, where appropriate, limited by the AAA Consumer Rules. In the event you are able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, gigHire will pay as much of your filing, administrative, and arbitrator fees in connection with the arbitration as the arbitrator deems necessary to prevent arbitration from being cost-prohibitive. In such case, we will make arrangements to pay all necessary fees directly to the AAA. If the arbitrator determines the claim(s) you assert in the arbitration are frivolous, you agree to reimburse gigHire for all fees associated with the arbitration paid by gigHire on your behalf, which you otherwise would be obligated to pay under the AAA’s rules.

 

The arbitration will be conducted through written submission, unless the arbitrator determines that a telephonic hearing is required.  Except as otherwise provided in these Terms of Use, you and gigHire may litigate in court to compel arbitration, stay proceedings pending arbitration, or to confirm, modify, vacate or enter judgment on the award entered by the arbitrator. In the event this arbitration provision is held unenforceable by a court, or in the event AAA refuses to arbitrate the dispute, all controversies, disputes, demands, counts, claims, or causes of action between you and gigHire shall be exclusively brought in the state or federal courts of New York, New York.

 

Despite this provision, you may file a claim in a small claims court that has jurisdiction to hear the matter.

  1. Assignment. gigHire may assign or delegate these Terms of Use and/or the gigHire Privacy Policy, in whole or in part, to any person or entity at any time with or without your consent. You may not assign or delegate any rights or obligations under the Terms of Use or Privacy Policy without gigHire’s prior written consent, and any unauthorized assignment and delegation by you is void. No joint venture, partnership, employment, or agency relationship exists between you and gigHire as a result of these Terms of Use or your use of the Services. Our failure to enforce any right or provision in these Terms of Use shall not constitute a waiver of such right or provision unless acknowledged and agreed to by gigHire in writing.

 

  1.       Headings. Throughout these Terms of Use, each section includes titles and brief summaries of the following terms and conditions. These section titles and brief summaries are not legally binding.

 

  1.      Entire Agreement. These Terms of Use, together with the Privacy Policy at https://www.gigHire.com/privacypolicy and any supplemental terms, policies, rules and guidelines posted on the Services, represent the entire agreement between you and gigHire. These Terms of Use supersede any proposal or prior agreement oral or written, and any other communications between you and gigHire relating to the subject matter of these Terms of Use. If any part of the Terms of Use is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. These Terms of Use may only be modified by a written amendment signed by an authorized gigHire executive, or by the posting by gigHire of a revised version on the Website.


h.      Authorization. You represent and warrant that if you are an individual, you are of legal age to form a binding contract; or that if you are registering on behalf of an entity, that you are authorized to enter into, and bind the entity to, these Terms of Use and register for the Services.