Terms of Use

By accessing or using the Gigster platform, Website or Services (defined below) offered by Gigster, LLC and its subsidiaries, affiliates and parents (collectively, “Gigster,” “we,” “us” or “our”) and located at Gigster.com and all associated pages and services (referred to as our “Website”) you (the “User,” “your” or “you”) confirm that you have read, understand, and agree to be bound by these terms of use (“Terms of Use”).

The “Services” include (a) the Website, (b) Gigster’s software-as-a-service platform, (c) the Gigster application page/platform and (d) all software, data, reports, text, images, sounds, video, and content made available through any of the foregoing. Any new features added to or augmenting the Service are also subject to this TOS.

This Website is our online marketplace providing you with information on professional opportunities available Gigster’s customers (“Customers” and “Roles”, respectively). Please read these Terms of Use carefully. If you are interested in applying for any Role or Roles you will need to register and create an account with Gigster (and you will become a “Candidate”). Candidates who are offered and accept an opportunity based on a Role, elect to enter an independent contractor relationship with Gigster and must agree to the terms of Gigster’s Independent Contractor Services Agreement (“Agreement”). The Agreement will describe the terms and conditions under which you will provide certain professional services to Customers, as described in Job Assignments made pursuant to the Agreement from time to time. The Agreement will be effective the first day you accept it (the “Effective Date”), and to the extent applicable, will always apply in conjunction with these Terms of Use (which apply to your Gigster Website usage).

Your use of the Services is conditional on your adherence to these Terms of Use. IF YOU ARE UNWILLING TO BE BOUND BY THESE TERMS OF USE, DO NOT ACCESS OR USE THE SERVICES.

PLEASE BE AWARE THAT SECTION 14 OF THESE TERMS OF SERVICE, BELOW, CONTAINS PROVISIONS THAT GOVERN HOW CLAIMS THAT YOU AND GIGSTER HAVE AGAINST EACH OTHER ARE RESOLVED. IN PARTICULAR, IT CONTAINS AN ARBITRATION AGREEMENT WHICH WILL, WITH LIMITED EXCEPTIONS, REQUIRE YOU TO SUBMIT CLAIMS THAT YOU HAVE AGAINST GIGSTER TO BINDING AND FINAL ARBITRATION. YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AND SEEK RELIEF AGAINST GIGSTER ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING AND YOU ARE WAIVING YOUR RIGHT TO SEEK RELIEF IN A COURT OF LAW AND TO HAVE A JURY TRIAL ON YOUR CLAIMS.

By accessing our Services, you acknowledge that we have the right to revise and amend these Terms of Use and Privacy Policy from time to time. If we make material changes to these Terms of Use, Privacy Policy or Agreement, we will provide you notice through our Services, or by other means such as through the email address you provided to us or by posting a message in your account or on the Website, to provide you the opportunity to review the changes before they become effective.

Your continued use of the Services following our posting of any such changes will mean that you accept such changes as of their effective date. If you object to any changes, you may close your account and stop your use of the Services.

Our Services are intended solely to be accessed by Users and Candidates who are eighteen (18) years of age or older (or other age as required by local law), and any registration by, use of, or access to the Services by any person under 18 is unauthorized and in violation of these Terms of Use. By using the Services, you represent and warrant that:

• You are a natural person;
• You are 18 years of age or older;
• You will create and only maintain one account if you elect to register as a Candidate;
• Your account will be created and maintained with your real identity, and
• You are not already restricted by us from using our Services.

You may not:

• Use any automated means to access these Services or collect any information from the Services (including, without limitation, robots, spiders, scripts, or other automatic devices or programs);
• Frame the Services in any manner, utilize framing techniques to enclose any content or other proprietary information, place pop-up windows over any Services’ pages, or otherwise affect the display of any pages on the Services;
• Engage in the practices of “screen scraping,” “database scraping” or any other activity with the purpose of obtaining content or other information;
• Use the Services in any manner that violates applicable law or that could alter, damage, disable, overburden, or impair the Services or interfere with any other party’s use or access to the Services;
• Access any information provided through our Services under fraudulent or misleading pretenses or use any information from our Services for any other company, service, or person. Without limitation, you may not use any information for the purpose of providing solutions, answers, materials, or information learned from engaging with the Services, to assist Candidates as they apply for and are evaluated for Roles offered through the Services, or
• Access, use or monitor our Services for benchmarking or any competitive purposes.

We may terminate or disable your access to these Services for any reason, with or without cause, including if we believe that you have violated or acted inconsistently with these Terms of Use.

• If you register as a Candidate, aspects of the Services may be accessed only through your account. You are responsible for your account. Keep your account password secure. You agree to notify us promptly if you discover any unauthorized use of your account. You are responsible for anything that happens through your account unless you close it and report misuse to us.

• You agree that no materials of any kind submitted through your account or otherwise made available through your account to the Services will violate or infringe upon the rights of any third party, including without limitation any copyright, trademark, patent, privacy, publicity, or other personal or intellectual property rights; or contain untrue, libelous, defamatory, or unlawful material.

• You represent you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country, and you are not listed on any U.S. Government list of prohibited or restricted parties.

In addition, you agree not to use the Services to:
• Register or operate a Candidate account on behalf of or for the benefit of any person other than yourself, including without limitation, a person who is not eligible to register for or operate a Candidate account in their own name;
• Impersonate any person or entity, or falsely state or otherwise misrepresent yourself, your age, or your affiliation with or authority to act on behalf of any person or entity;
• Upload, post, transmit, share, store, or otherwise make publicly available through the Services any private information of any third party, including, without limitation, addresses, phone numbers, email addresses, government-issued identification, or other personal credentials;
• Upload, post, transmit, share, or otherwise make available any material that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of the Services, use or attempt to use another’s account for any reason, or create a false identity through the Services.

As between us and you, all content made available on or through the Services, whether uploaded, published, or displayed by us, including Role descriptions, graphics, pictures, video, information, technical aptitude or other evaluative tools used to determine your suitability for a particular Role, and their selection and arrangement, unless otherwise expressly disclosed by Gigster, is Gigster’s property (collectively the “Gigster Content”).

No Gigster Content may be modified, copied, distributed, framed, reproduced, republished, downloaded, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, without our prior written permission. Unless explicitly stated herein, nothing in these Terms of Use shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication, or otherwise.

Gigster reserves all its intellectual property rights in the Services. Trademarks, logos, designs, brands and service names used in connection with our Services are registered trademarks, trademarks, or trade dress of their respective owners.

From time to time, and subject to the published functionality, we may make it possible for you to establish, and access certain aspects of our Services through third-party services. Such accounts may integrate or connect to third-party sites.

If you participate in any of these integrated services, note that any third-party services or service providers may offer and operate under additional terms and conditions that are different than these Terms of Use. To the extent not restricted by law or applicable agreements with third parties, we are not responsible or liable for any third-party acts, omissions or services they may provide you.

You acknowledge and agree that any information you provide as a Candidate will be used, at your request, by us to help broker a Role for you with our Customers pursuant to the terms of our Privacy Policy.

Any materials, resumes, cover letters, pictures, questions, comments, suggestions, ideas, feedback, or other information (“Submissions”), provided by or on behalf of you to us as a User through the Services are non-confidential and shall become the sole property of Gigster.

Gigster shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, including but not limited to public dissemination on the Gigster website, without acknowledgment or compensation to you.

If your consent is legally required for such use and dissemination of the Submissions in connection with any means disclosed in the Privacy Policy, you hereby opt-in and consent to such use and dissemination.

We help connect Candidates offering their services with our customers, employers, and others seeking talent to perform services. You acknowledge that we do not supervise, direct, control or monitor our Customers in the Roles they offer, or your experience if you take a job offered by our Customers. Specifically, Gigster does not endorse any particular Customer’s offered Role(s) and nothing shall create an employment, agency, or joint venture relationship between Gigster and you or any Customer advertising a Role.

If you are a Candidate, Gigster may work to help find you Roles that are similar to Roles you have applied for in the past or may help you register for and/or attend online or in-person events organized by Customers and connect with other Users or Candidates who are attendees at such events.

You agree that:
• Gigster is not responsible for the conduct of any of the Users, Candidates or other attendees at such events;
• Gigster does not endorse any particular event even if listed on or made discoverable through our Services;
• Gigster does not review and/or vet any of these events; and
• You will adhere to any terms and conditions that apply to such events if and when you elect to participate in them.

We reserve the right to change the Services at any time without notice.

We provide the Services “AS IS” and assume no responsibility for any failure to provide the Services to you. The Services may be temporarily unavailable from time to time for maintenance or other reasons. We may discontinue the Services or any goods or services available through the Services at any time and for any reason.

We are not responsible for any problems or technical malfunction of any telephone or cable network or lines, servers or providers, computer equipment, software, failure of email, or technical problems or traffic congestion on the Internet or on or through the Services, including injury or damage to Users or to any other person’s devices related to or resulting from use of the Services.

Under no circumstances will we be responsible for any loss or damage, including any loss or damage to any user data, financial damages, lost profits, loss of business, or personal injury or death, resulting from anyone’s use of the Services. YOU AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR OWN RISK, and that we EXPRESSLY DISCLAIM ALL WARRANTIES, TERMS AND CONDITIONS, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES, TERMS AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT OF THIRD-PARTY RIGHTS AND SATISFACTORY QUALITY.

Except in jurisdictions where such provisions are restricted or prohibited, in no event will Gigster or any of its directors, employees, or agents be liable to you or any third party for any indirect, consequential, exemplary, incidental, special, or punitive damages, including for any lost profits or lost data arising from your use of the Services or any of content or other materials on or accessed through the Services, even if any of us is aware of or has been advised of the possibility of such damages.

To the extent not prohibited by applicable law, our liability to you for any cause whatsoever, and regardless of the form of the action, will at all times be limited to the greater of the amount paid by you to us for the Services or product at issue in the three months prior to the event giving rise to the claim and $20. You acknowledge that if no fees are paid to us for a service or product, you shall be limited to, at most, injunctive relief only, unless otherwise prohibited by applicable law, and shall not be entitled to any other damages, regardless of the cause of action.

To the fullest extent permitted by law, Gigster, including its parents, subsidiaries and affiliates, will not be liable in connection with these Terms of Use for lost profits or lost business opportunities, reputation, loss of data (e.g., down time or loss, use of, or changes to, your information or content) or any indirect, incidental, consequential, special or punitive damages.

Gigster will not be liable to you in connection with these Terms of Use for any amount that exceeds (a) the total fees paid or payable by you to Gigster for the Services during the prior twelve months, if any, or (b) US $100. You acknowledge that if no fees are paid to us for the Services, you shall be limited to, at most, injunctive relief only, unless otherwise prohibited by applicable law, and shall not be entitled to any other damages, regardless of the cause of action.

By using the Services, you agree that these Terms of Use shall be governed by the laws of the State of Texas in the United States where Gigster’s principal office is located without regard to its conflict of law provisions.

For any cause of action initiated against Gigster relating to these Terms of Use, you and Gigster agree to submit to the exclusive and personal jurisdiction of the courts located in the state where Gigster’s principal office is located.

Our failure to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of that right or provision. If any provision of these Terms of Use is found by a court of competent jurisdiction to be invalid, then we nevertheless agree that the court should endeavor to give effect to the intentions reflected in the provision, and the other provisions of these Terms of Use shall remain in full force and effect. The language of these Terms of Use shall be construed as to its fair meaning and not strictly for or against any party.

Please read this Arbitration Agreement carefully. It is part of your contract with Gigster and affects your rights. It contains procedures for MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER.

Scope of Arbitration Agreement (“Arbitration Agreement”).
You acknowledge and agree that any dispute or claim relating in any way to your access or use of the Services or to any other aspect of your relationship with Gigster will be resolved by binding arbitration, rather than in court, except that:
• You may assert claims in small claims court if your claims qualify, so long as the matter remains in such court and advances only on an individual (non-class, non-representative) basis; and
• You or Gigster may seek equitable relief in court for infringement or other misuse of intellectual property rights (such as trademarks, trade dress, domain names, trade secrets, copyrights, and patents).

This Arbitration Agreement shall apply, without limitation, to all claims that arose before this or any prior agreement.

Arbitration Rules and Forum.
This Arbitration Agreement is governed by the Federal Arbitration Act in all respects. To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to Gigster, 2028 E Ben White Blvd, Ste 240-2650, Austin, TX 78741, ATTN: LEGAL. The arbitration will be conducted by the American Arbitration Association (“AAA”) under its rules, including the AAA’s Supplementary Procedures for Consumer-Related Disputes. The AAA’s rules are available at www.adr.org or by calling the AAA at 1-800-778-7879.

Payment of all filing, administration, and arbitration fees will be governed by the AAA’s rules. We will reimburse those fees paid by you for claims totaling less than $5,000 unless the arbitrator determines the claims are frivolous. Likewise, Gigster will not seek attorneys’ fees and costs in arbitration unless the arbitrator determines the claims are frivolous. If the AAA is not available to arbitrate, the parties will select an alternative arbitral forum.

Arbitrator Powers.
The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability or formation of this Arbitration Agreement including, but not limited to any claim that all or any part of this Arbitration Agreement is void or voidable.

The arbitration will decide the rights and liabilities, if any, of you and Gigster. The dispute will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator will have the authority to grant motions dispositive of all or part of any claim or dispute. The arbitrator will have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law, the arbitral forum’s rules, and these Terms of Use.

The arbitrator will issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding on you and Gigster.

Waiver of Jury Trial.
YOU AND GIGSTER EACH KNOWINGLY AND VOLUNTARILY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND RECEIVE A JUDGE OR JURY TRIAL. You and Gigster are instead electing to have claims and disputes resolved by arbitration. An arbitrator can award on an individual basis the same damages and relief as a court and must follow these Terms of Use as a court would. However, there is no judge or jury in arbitration, and court review of an arbitration award is limited. In any litigation between you and Gigster over whether to vacate or enforce an arbitration award, you and Gigster waive all rights to a jury trial and elect instead to have a judge resolve the dispute.

Waiver of Class or Consolidated Actions.
ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS. Claims of more than one user cannot be arbitrated or litigated jointly or consolidated with those of any other user. If, however, this waiver of class or consolidated actions is deemed invalid or unenforceable, neither you nor Gigster is entitled to arbitration. Instead, all claims and disputes will then be resolved in a court as set forth in Section 13 above.

Exclusive Venue.
To the extent the parties are permitted under these Terms of Use to initiate litigation in a court, both you and Gigster agree that all claims and disputes arising out of or relating to the Terms of Use will be litigated exclusively in the state or federal courts located in the state where Gigster’s principal office is located.

To the maximum extent permitted by law, you agree to indemnify and hold us, our subsidiaries and affiliates, and each of their directors, officers, agents, contractors, partners, and employees, harmless from and against any loss, liability, claim, demand, damages, costs (including attorneys’ fees), and expenses, arising out of or in connection with your use of the Services or any violation of these Terms of Use.

Sections 8, 9, 11 through 16 shall survive the termination of these Terms of Use.

PLEASE PRINT A COPY OF THESE TERMS OF USE FOR YOUR RECORDS AND CHECK BACK FREQUENTLY FOR ANY CHANGES.