SHIFTGIG, INC. TERMS OF USE

TABLE OF CONTENTS

ACCESSIBILITY

WHO WE ARE

INTRODUCTION TO OUR TERMS OF USE

ELIGIBILITY

USERS AND SUBSCRIPTION

TERM

INTERACTIONS WITH OTHER USERS

LINKS

YOUR RIGHTS

COMMERCIAL USE PROHIBITION

BILLING AND PAYMENT POLICY

RELEASE

SHIFTGIG LIABILITY

INDEMNIFICATION

INTELLECTUAL PROPERTY RIGHTS

NOTICE OF TRADEMARK RIGHTS

RELIANCE ON CONTENT ON THE SERVICE

PRIVACY

COPYRIGHTS

MODIFICATIONS TO THE SERVICE

LIMITATIONS ON USE

NOTIFICATION OF ACTS CONTRARY TO TERMS OF USE

NOTIFICATIONS AND SERVICE MESSAGES

CHANGES

APPLICATIONS

DISCLAIMERS

LIMITATION OF LIABILITY

NON-SOLICITATION

DISPUTE RESOLUTION, ARBITRATION, AND GOVERNING LAW

CUSTOMER SERVICE - COMMUNITY SUCCESS

GENERAL PROVISIONS

NOTICE FOR CALIFORNIA RESIDENTS

NOTICE FOR NEW JERSEY RESIDENTS

 

 

ACCESSIBILITY

At Shiftgig, we strive to make our Web sites accessible to all people in order to meet our values of diversity and inclusiveness. As part of meeting this objective, this site includes the following accessibility features:

Conformance to XHTML 1.0 transitional standards

CSS is used for presentational formatting

A site map is included

Text sizes may be defined by the user

We will continually work to improve the accessibility standards of all our Web sites.

Further Information:

W3C Web Accessibility Initiative (WAI)

Shiftgig is committed to working with and providing reasonable accommodations to individuals with disabilities. If you need an accommodations or assistance with any part of the employment process, Contact Us.

Who We Are

We’re a mobile technology company that connects hourly workers with businesses in the food service, hospitality, warehouse, retail, and experiential marketing industries.

Shiftgig uses technology to connect businesses with pre-qualified, ready-to-work professionals to work on-demand, hourly-based, daily shifts (or “gigs”) across the United States.  Shiftgig’s proprietary platforms feature automation of workforce management and staffing functions.  Shiftgig offers customizable platform options to businesses desiring an enterprise software solution, for use in multiple jurisdictions and industry verticals.

Shiftgig Bullpen, Inc. employs on-demand, hourly, temporary labor via Shiftgig's technology to enhance and support the workforces of our Clients. The hourly workers, who we call “Specialists,” use our mobile app to decide when and where they want to work.  Specialists can view, claim, and work a variety shifts scheduled with major hotels, stadiums, restaurants, and more. Because our Specialists have the flexibility to claim the shifts they want, they have the power to build success on their own terms.

ShiftgigX, LLC and Shiftgig Experiential, Inc. both operate as booking agents to staff experiential marketing campaigns and other special events, (these Specialists’ gigs include: Brand Ambassadors, Promo Models, Event Staff, etc.) using our proprietary technology.

Introduction to our terms of use

Last updated: Effective on August 10, 2017

Shiftgig Services provide premier platforms, mobile Apps,  and a social network for connecting individuals currently employed or those seeking employment in various industries (“Specialists”) as well as employers (“Clients”), vendors, business partners, contractors, prospects, and other people or entities using the Services (collectively, “Users”).  For all purposes hereunder, the term “Shiftgig” shall include Shiftgig’s parents, subsidiaries, assigns, successors, and licensees.  Use of the Services is void where prohibited.

Shiftgig is pleased to welcome to our sites, software, applications, content, products, and services (“Services”), which may be branded Shiftgig.com, Bookedout.com, Bookout by Shiftgig, Deploy, Shiftgig Business, WorkNow, or another brand owned or licensed by Shiftgig, Inc. (“Shiftgig”). The following terms of use (“Terms of Use”) govern your access to and use of the Services, as well as other services we make available on third-party sites, applications, or platforms if these Terms of Use are disclosed in connection with those services.

By clicking on “I Agree” or by opening, accessing, browsing, or otherwise using the Services, you agree to be bound by these Terms of Use and all of the related policies or guidelines incorporated by reference below, including any subsequent changes or modifications to any of them. If you are using the Services on behalf of a company or other legal entity, you agree to be individually bound by these Terms of Use regardless of any agreement your company may have with us. If you do not agree or object, do not open, access, browse, or otherwise continue to use the Services.

PLEASE READ THE TERMS OF USE, OUR PRIVACY POLICY, AND OUR OTHER TERMS AND CONDITIONS VERY CAREFULLY BEFORE USING THE SERVICE AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES, LIABILITIES, AND OBLIGATIONS.

ANY DISPUTE BETWEEN YOU AND US MUST BE RESOLVED BY INDIVIDUAL BINDING ARBITRATION. PLEASE READ THE ARBITRATION PROVISION IN THESE TERMS OF USE AS IT AFFECTS YOUR RIGHTS UNDER THIS CONTRACT.

NOTHING IN THESE TERMS OF USE IS INTENDED TO AFFECT YOUR RIGHTS UNDER THE LAW IN YOUR USUAL PLACE OF RESIDENCE. IF THERE IS A CONFLICT BETWEEN THOSE RIGHTS AND THESE TERMS OF USE, YOUR RIGHTS UNDER APPLICABLE LOCAL LAW WILL PREVAIL.

Eligibility

You, as a user of the Services represent and warrant that you are at least eighteen (18) years of age, that you have never been convicted of a felony, and that you have the right, authority, and capacity to enter into this agreement and comply with all terms and conditions of the Terms of Use. We make an effort to advertise to individuals who are at least eighteen (18) years of age or older and will not knowingly collect any information from children under the age of thirteen (13). We are not responsible for any misrepresentations related to user’s age and reserve the right to terminate the account of any user whom we believe has provided false information to us or any other users.

SERVICES ARE NOT DIRECTED TO, AND NOT INTENDED FOR THE USE OF, CHILDREN UNDER THE AGE OF 13. IF YOU ARE UNDER THE AGE OF 13, DO NOT REGISTER OR SUBMIT ANY PERSONAL INFORMATION TO THE SERVICE.

Users and Subscription

Only User: You hereby agree that you will be the sole user of your account, that no other individuals are authorized to use your account, and that you are responsible for all use of your account and activity thereon. You agree to contact Shiftgig immediately upon discovering or suspecting unauthorized use of your account.

Information Provided by Users: It is the responsibility of users to provide accurate, timely, updated and complete information to us when creating an account and using the Services and we are not responsible for any claims or disputes related to any incomplete, inaccurate or untimely information provided by you to us.

Content Posted By You: As to any content, information or materials you provide to the Services, you represent and warrant that you have the right to use and share such content, information or materials on the Services. You hereby irrevocably grant to Shiftgig and its affiliates, advertisers, promoters, or distribution partners a perpetual, irrevocable, non-exclusive, worldwide, royalty-free, sub-licensable, and transferable (in whole or part) license to all copyrights, trademarks, patents, trade secrets, privacy and publicity rights, and other intellectual property rights you own or control to use, reproduce, transmit, display, exhibit, distribute, index, comment on, modify, create derivative works based upon, perform and otherwise exploit any content, information or materials provided in any way by you to us and hereby agree that we and our affiliates, advertisers, promoters, or distribution partners may use such content as determined to be appropriate our sole discretion, all without further notice to you, with or without attribution, and without the requirement of any permission from or payment to you or to any other person or entity. You, as a user, are solely responsible for all content you share, provide, produce, display, publish, or disseminate to other users whether such action was taken by you or by Shiftgig, with your express authorization. We reserve the right to delete any such content that, in the sole discretion of Shiftgig, violates these Terms of Use or which may fall under the Prohibited Activities below. You expressly authorize us to use, forward, or post your profile and/or resume on other social media and internet platforms, sites or services.

Prohibited Activities: In the interest of maintaining your integrity and the integrity of the Services, please do not:

  • Share, provide, produce, display, publish or disseminate to others content that:
    • Is defamatory, abusive, obscene, profane, objectionable, offensive, libelous, sexually oriented, threatening, harassing, or racially offensive;
    • Is illegal or infringes or violates another user’s rights, promotes illegal activity including copying the copyrighted works of another user, or provides instructional information about illegal activitiesIs inaccurate, false, out-of-date or misleading, including profile images that are not your likeness or misrepresenting your current or previous employment and qualifications;Is harmful or threatening to the safety of users;Promotes racism, bigotry, hatred or physical harm against any individual or group of individuals;
    • Consists of “junk mail,” “chain letters,” or “spamming”;
    • Contains any restricted, password only, or hidden pages or images;
    • Contains any material targeted at individuals under the age of eighteen (18), including material that exploits such individuals in a sexual or violent manner or solicits personal information from them;
    • Requests passwords, account information, or personally identifying information for any commercial or unlawful purposes from another user; and
    • Engages in commercial activities and/or sales without Shiftgig’s prior written consent including, but not limited to, contests, sweepstakes, bartering, advertising and pyramid schemes.
  • Impersonate another user or entity or create an account for anyone other than a natural person;
  • Harass others in any way, including stalking;
  • Expressly state or imply that any statements you or others make are endorsed by Shiftgig unless you have the prior written consent of Shiftgig;
  • Use any software, application, program, device or process, including the use of any robot or spider, to gather, catalog, or in any way duplicate or circumvent the structure or appearance of the Services;
  • Post, distribute, duplicate, infringe, remove, or otherwise use any copyrighted materials, trademarks, brands, logos or other proprietary information or notices without obtaining the prior written consent of the owner of such rights;
  • Disrupt or interfere in any way with the Services or any of the servers or networks connected to the Services;
  • Utilize or copy any information or content to provide any service that is competitive, in Shiftgig’s sole discretion, with Shiftgig or access the Services for any competitive purpose including monitoring availability, performance or functionality;
  • Share, provide, produce, display, publish or disseminate to others any material that contains any sort of virus or any files or programs that are designed to disrupt, destroy or reduce the functionality of the Services or any software, hardware, and/or equipment related to it;
  • Share any non-user information without such non-user’s express permission;
  • Disguise the origin of any information transmitted via the Services;
  • Direct any person to the Services by using meta tags, code, or any other devices including any reference to the Services to for any reason whatsoever;
  • Remove, cover or otherwise obscure any form of advertisement included on the Services;
  • “frame” or “mirror” any part of the Services without our prior written authorization;
  • Alter, adapt, sublicense, translate, sell, reverse engineer, decompile, disassemble or otherwise attempt to derive the source code for any portion of the Services or any other software used on or for the Services; and/or
  • Override or attempt to override any security component on the Services.

You agree to immediately report to Shiftgig any suspected misconduct or false information provided by other users of the Services.

Shiftgig reserves the right to investigate and take legal action against anyone who violates the above provisions including, without limitation, the right to suspend or terminate the account of any such violators. The above list is not all inclusive as to activities for which an account may be suspended or terminated.

No Joint Venture or Agency: Simply by virtue of using the Shiftgig Services, Shiftgig does not serve as an employer of any user or any employers using the Services and users are in no way legally affiliated with Shiftgig other than as expressly described by the Terms of Use and applicable employmet Account Security: At the time a user creates an account, he/she will be required to create a password for such account. You are responsible for a) maintaining the security of your password, b) all activity occurring on your account, c) logging out of your account at the end of each session, whether on a personal or public device, and d) notifying Shiftgig of any actual or suspected unauthorized use of your account. Please use enhanced caution whenever accessing your account from a public computer.  

No Joint Venture or Agency: Simply by virtue of using the Shiftgig Service, users are not employees, independent contractors, or creating any  other agency relationship with Shiftgig.  You agree that if Shiftgig intends to create an independent contractor relationship, partnership, joint venture, employer-employee, franchise relationship or any other agency relationship of any kind the parties will enter into a written agreement.. Shiftgig expressly disclaims any liability arising between users of the Services.

Notice of Cancellation: Until and unless you or Shiftgig terminate your account, such account will continue for an indefinite period of time. Should you prefer stop using the Services, please send an email to cancel to:  cancel@shiftgig.com. If you have paid for any services and you decide to terminate your account, you may use those services through the end of the commitment period and you will not receive any refund of fees.

Fees: By creating a client account, you are responsible for providing timely payment for all services provided by Shiftgig, and your acceptance in setting up an account in our systems authorizes Shiftgig  to charge you in accordance with the applicable service agreement(s) and attachments, including but not limited to scopes of work (“SOW”). You will be advised in advance of any fees or charges for service on your account.

Miscellaneous: As a user of Shiftgig, you agree to:

  • Comply with all applicable local, state, federal and international laws including, without limitation, privacy, intellectual property, and tax laws along with all other regulatory requirements;
  • Provide accurate and updated information;
  • Review and comply with these Terms of Use and our Privacy Policy, along with all other applicable policies and notices concerning the Services; and
  • At all times while using the Services, act professionally and responsibly.

 

For information about our responsible disclosure policy and any other technical inquiries, send an email to: technology.inquiries@shiftgig.com.

Term

The Terms of Use are effective immediately and will remain in full force and effect during the duration of your use of the Services (including the duration your account is open, regardless of your activity thereon). You may terminate your account at any time by submitting a written notice to Shiftgig (email to cancel@ shiftgig.com is preferred media for this notification purpose). If for some reason you are unable to email us at cancel@shiftgig.com, please send written notice of termination to Shiftgig, Inc. Attn: Termination of Account, 550 West Jackson Blvd., Chicago, IL 60661. You may be asked to provide a reason for your termination. We may terminate your use of our Services at any time and will notify you of such termination via the most recent email address you have provided to us. Such notification is not required to be sent prior to termination of your account. You will not be entitled to any refunds of applicable monies if we terminate your account due to your breach the Terms of Use or any other Shiftgig policy. All account termination decisions are in Shiftgig’s sole discretion and we are not required to give reason for termination. After termination, the Terms of Use remain enforceable against the user and, when possible and applicable, all terms and conditions of the Terms of Use shall survive termination including, without limitation, ownership provisions, warranty disclaimers, and limitations of liability.

Interactions with Other Users

Interaction between users: You are solely responsible for all interactions with other users. Businesses, Specialists, and all users agree to make their own decisions regarding persons they employ, and work (gigs), job positions, campaigns, events or projects they claim.  Users  represent, understand and expressly agree that Shiftgig does not have any liability for or control over any user’s authenticity, integrity, abilities or responsibility online or onsite in the workplace. Additionally, all users expressly agree not to hold Shiftgig or its officers, directors, agents, investors, and employees liable for any damage, suits, claims, disputes or controversies whatsoever arising from any relationship developed on or in connection with the Services.

Public Areas: Users are prohibited from using the Services to share or receive any content that is inappropriate or offensive to other users, as determined by Shiftgig in our sole discretion. You hereby agree not to: i) in any way distribute or disseminate profane, offensive, obscene, infringing or unlawful material or information; ii) use the Services in violation of any local, state, national or international law; iii) slander, abuse, threaten, harass or otherwise violate any legal rights of others; iv) upload any files to the Services that violate the legal rights (including intellectual property, privacy, publicity rights) of any third party or contain any viruses or may damage the Services or any user’s system in any way; v) download any file that you know, or reasonably should know, cannot be legally distributed or disseminated through the Services; vi) advertise, sell, or offer to sell any goods or services on the Services for any purpose which is not relevant to the services offered by Shiftgig including conducting or forwarding any surveys, contests, etc.; vii) impersonate another user or allow another individual to use your account in any way; viii) “spam” (e.g., post the same note, message, or information repeatedly); or ix) in any way prevent other users from using and enjoying and/or benefitting from the Services. You agree Shiftgig is not responsible for the misuse or misappropriation of any content or information you provide to the Services, such as posts in any publicly viewable area of the Services, your profile, or reviews.

LINKS

With regards to links on the Services that lead to other websites, we do not control and are not responsible for the content of such websites, nor do we endorse any such websites, and you acknowledge that all such links are provided for your convenience only. It is your responsibility to evaluate the content on other websites and you enter all third party websites at your own risk. All such websites are not covered by our Terms of Use; the may be governed by privacy policies and terms and conditions of those sites, which we do not control and are not responsible for. You hereby agree to hold Shiftgig harmless from any liability that may result from your use of links that appear on the Services.

YOUR RIGHTS

Unless you breach the Terms of Use, we hereby grant you a limited, revocable license and right to access, view information on, and make personal use of the Services for its intended purpose. You may not assign or sublicense such license or rights without prior express permission from us in a signed writing. Any violation of the Terms of Use, any other policy or our general purpose and mission is strictly prohibited. All rights not expressly granted in these Terms of Use are expressly reserved by Shiftgig without limitation.

SERVICE USE PROHIBITION

The Services is for the use of individuals and client company users only and any use in connection with any non-Shiftgig commercial endeavors without the express prior written consent of Shiftgig is strictly prohibited. Businesses may only use the Services as users for authorized purpose. Shiftgig reserves the right to take any and all appropriate legal action. Shiftgig reserves the right to terminate your use of the Services in its sole discretion at any time and for any reason. You agree that your use of the Services is with the revocable permission of Shiftgig.

BILLING AND PAYMENT POLICY

In an effort to better serve our clients and simplify the billing experience, Shiftgig offers an EasyPay Program for all Paid Services. By authorizing EasyPay enrollment, Client enrolls in Shiftgig’s EasyPay recurring payments program, agrees to these Terms and Conditions for Recurring Payments and authorizes Shiftgig to: (a) initiate recurring automated clearing house (ACH) debit entries or (b) charge a specific credit card account. The amount of any such recurring payments will be the total invoice amount billed to Client directly for services provided, plus all applicable credit card transaction fees. Client also authorizes Shiftgig to credit a specific credit card account in the appropriate amount for any refunds or other billing adjustments. All payments will be automatically withdrawn from the specified checking account or charged to the designated credit card, unless Client terminates authorization in the manner described herein. Invoices are due upon receipt. Payment transactions will be processed as early as date of the invoice.  Client has the right to receive notice of all varying transfers from the bank account. Shiftgig will provide a monthly statement of Client’s account containing an itemized list of charges made during the monthly period. Client agrees to review each statement received and provide Shiftgig written notice of any errors or disputed charges within one week of receipt. If Client informs Shiftgig that an error exists on the monthly statement, Shiftgig will attempt to correct that error prior to the next monthly statement.

SHIFTGIG SHALL BEAR NO LIABILITY OR RESPONSIBILITY FOR ANY LOSSES OF ANY KIND THAT CLIENT MAY INCUR AS A RESULT OF AN ERRONEOUS STATEMENT, ANY DELAY IN THE ACTUAL DATE ON WHICH AN ACCOUNT IS DEBITED OR CLIENT’S FAILURE TO PROVIDE ACCURATE AND/OR VALID PAYMENT INFORMATION.

If any changes occur in the information provided, Client must immediately notify Shiftgig in writing of such changes by email to: Billing@shiftgig.com. If Client either does not notify Shiftgig in writing of such changes or does so in an untimely fashion, Shiftgig shall bear no liability or responsibility for any losses incurred to the extent permitted by law. Shiftgig’s sole liability to Client shall be Shiftgig’s obligation to make any appropriate changes once in receipt of notification. Either Client or Shiftgig may terminate this EasyPay agreement at any time by giving the other party written notice in advance of the date of termination or any scheduled invoice settlement date. To terminate this EasyPay agreement (and revoke any authorization) Client must submit email notice to Shiftgig to: Billing@shiftgig.com.

If we do not receive payment from you for any Paid Services, you agree you will be personally liable and responsible for paying all amounts due upon demand and, should you fail to do so, Shiftgig may terminate or suspend your account. All Paid Services are subject to the Terms of Use and any other applicable terms and conditions in executed service agreements.

RELEASE

In the event that you become involved in any dispute with one or more other users or Shiftgig, you hereby release and forever discharge Shiftgig and its officers, directors, agents, investors, and employees from all past, present, and future claims, causes of action, demands, lawsuits, actions, liabilities, losses, expenses, obligations or damages of every kind and nature (including personal injuries, death and property damage), whether known or unknown, suspected and unsuspected, disclosed and undisclosed, arising directly or indirectly out of or in any way connected with such disputes, the Services, or Shiftgig.

IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 IN CONNECTION WITH THE FOREGOING, WHICH STATES: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR."

SHIFTGIG LIABILITY

You agree not to seek to or to hold Shiftgig and its officers, directors, agents, investors, and employees liable for any services delivered which originated through the Services or were otherwise provided by any user of the Services.

INDEMNIFICATION

You agree to indemnify, defend, and hold harmless Shiftgig and its officers, directors, agents, investors, and employees from and against all past, present, and future claims, causes of action, demands, lawsuits, actions, liabilities, losses, expenses, obligations or damages of every kind and nature (including personal injuries, death and property damage) or other demand of liability of any kind (including attorneys’ fees) and costs incurred by us in connection with any claim, cause of action, demand, lawsuit or action by a third party arising directly or indirectly out of or in any way connected with a) the Services, b) your failure to comply with the Terms of Use in any way, c) your submission of materials or content on the Services, d) any other activity in which you engage on or through or because of the Services, and e) any third-party claims, including, without limitation, those of any users or your interaction with any other user. You further agree that you will reasonably cooperate in the defense of any such claims. Shiftgig reserves the right to select its own legal counsel to represent its interests and you agree to reimburse Shiftgig for its attorneys’ fees and costs immediately upon request as they are incurred. You agree not to settle any such claim without the prior written consent of Shiftgig. The obligations described in this section shall include indemnifying and holding harmless Shiftgig from and against losses incurred in enforcing this section.

INTELLECTUAL PROPERTY RIGHTS

Shiftgig owns and retains all intellectual property and other proprietary rights throughout the world in the Services. All such intellectual property and other proprietary rights, including any software, text, typefaces, graphics, layouts, content, data, formatting, designs, HTML, graphs, photographs, videos, designs, sounds, images, look and feel, and other content on the Services, and the coordination, selection, arrangement and enhancement of any such materials as a collective work under the United States Copyright Act, as amended, is owned by or licensed to Shiftgig. You agree Shiftgig owns and retains all such rights that are protected in all forms and through all media and technologies now known or hereinafter developed. Users are prohibited from copying, downloading, using, redesigning, reconfiguring, or retransmitting any of these rights without Shiftgig’s prior express permission in a signed writing, unless such use falls under an exception. Users are prohibited from posting, sending, sharing, or distributing any Shiftgig materials or content that they do not own or have permission to use. In addition to the termination of your account, violation of this policy may result in copyright, trademark, patent or other intellectual property rights violations and liability, and civil or criminal penalties. The Services contains materials protected by the domestic and international laws of copyrights, trademarks, patents, and other proprietary rights and laws and any use of such materials is expressly prohibited without the prior signed written permission of Shiftgig or the relevant right holder or as otherwise permitted herein.

NOTICE OF TRADEMARK RIGHTS

Shiftgig owns certain service marks and trademarks, including the service marks and trademarks Shiftgig,™ Shiftgig Bullpen,™ Deploy,™ Shiftgig Business,™  Bookedout.com,™and all other Shiftgig trademarks, service marks, logos or trade names appearing on the Services. The other service and trademarks appearing on the Services are the property of their respective owners. Users may not copy or use any of the Shiftgig service marks, trademarks, trade names or logos without the prior express permission of Shiftgig in a signed writing. You acknowledge Shiftgig’s rights and the rights of third parties with respect to the foregoing.

RELIANCE ON CONTENT ON THE SERVICE

You agree that Shiftgig is not responsible for your reliance on any information or content made available through the Services, other than that provided directly by Shiftgig, and the authors of such information and content are solely responsible for such content. Shiftgig does not guarantee the accuracy or completeness of any information on the Services or adopt, enforce or accept responsibility for the accuracy or reliability of any statement made by any third party or user that appears on the Services. You agree that Shiftgig will under no circumstances be responsible for any loss or damage resulting from your reliance on information or content on the Services.

PRIVACY

Please read our comprehensive Privacy Policy which is hereby fully incorporated into the Terms of Use by reference and governs, among other things, the treatment of all information you submit to us. You acknowledge that your submission of any content, material, or information in any form is completely voluntary. You hereby represent and agree that you have reviewed and agree to the Privacy Policy.

COPYRIGHTS

You are prohibited from posting, distributing, or reproducing in any way any copyrighted material, trademarks, or other proprietary information without obtaining prior written consent of the owner of such proprietary rights. If you, in good faith, believe that any materials on the Services infringe upon your copyrights, please provide our Copyright Agent with the following (see 17 U.S.C. 512(c)(3) for further detail):

A description of the copyrighted work that you believe has been infringed upon, why you think it has been infringed, and the exact location on the Services where such material is located;

A description of where the original or an authorized copy of the copyrighted work exists;

An electronic or physical signature of the person who either owns the copyright or has authorization to act on behalf of the owner;

Your contact information including your full name, address, telephone number, and email address;

A statement from you that you in good faith believe that the disputed use is not authorized by the copyright agent or owner or the law; and

An additional statement by you, made under penalty of perjury, that the information in your notice is complete and accurate, and that you are the copyright owner or authorized to act on the owner’s behalf.

If you believe that your content that was removed (or to which access was disabled), is not infringing, is subject to the copyright defense of “fair use” pursuant to 17 U.S.C. 107, 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 material in such removed content, you may send a counter-notice containing the following information to our Copyright Agent:

your physical or electronic signature;

identification of the User Content that has been removed or to which access has been disabled and the location at which the User Content appeared before it was removed or disabled;

a statement that you have a good faith belief that the User Content was removed or disabled as a result of mistake or a misidentification of the User Content; and

your name, address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the federal court in the United States District Court for the Southern District of New York, and a statement that you will accept service of process from the person who provided notification of the alleged infringement.

If a counter-notice is received by our Copyright Agent, we may, in our sole discretion, send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the provider of the content or user, the removed content may be replaced, or access to it restored.

OUR COPYRIGHT AGENT CAN BE REACHED AT:

Shiftgig, Inc.
Attn: Compliance
550 West Jackson Blvd, Floor 18
Chicago, IL 60661
compliance@shiftgig.com

MODIFICATIONS TO THE SERVICE

Shiftgig reserves the right to evaluate, improve, amend, or temporarily or permanently discontinue the Services or any content or information thereon with or without providing notification to users. You agree that Shiftgig and its officers, directors, agents, investors, and employees are not liable to you or any third party for any modification or discontinuance of the Services.

LIMITATIONS ON USE

We reserve the right to place limitations on your account in order to maintain the performance and availability of the Services and to enforce the Terms of Use. Such limitations may include, without limitation, the number of reviews posted, the number of messages sent through the system, and the number of applications. Such limitations supersede all special offers made by us and the limitations may be enforced at our sole discretion. You agree to contact our Customer Services department with any concerns you have over the limitations on your use and you agree to abide by any determinations made by our Customer Services Representative.

NOTIFICATION OF ACTS CONTRARY TO TERMS OF USE

Should you believe that you are entitled or required by law to act contrary to these Terms of Use, you agree to provide Shiftgig with a detailed and authenticated explanation of your reasoning in writing at least thirty (30) days before you act contrary to these Terms of Use. Such advanced notice will allow us to evaluate whether we may, at our sole discretion, provide an alternative remedy for the situation, though we are not required to provide such alternative remedy.

NOTIFICATIONS AND SERVICE MESSAGES

To alert you to changes to the Services (such as for example modifications to these Terms of Use and other applicable terms, such as our Privacy Policy, related policies, and guidelines) we may place a notice at the top of these Terms of Use or place a banner notice on the Services. In the alternative, we may email you at the email address associated with your account. We are not undertaking or promising to provide this notice and you agree we have no obligation to do so. It is your responsibility to check for modifications to the Terms of Use and you agree we will have no liability if you fail to do so.

You agree that we may communicate with you regarding the Services, your Shiftgig account and all services via your Shiftgig account or through certain other means including email, mobile number, telephone, or via delivery services including the postal service. You further agree that Shiftgig and its officers, directors, agents, investors, and employees have no liability connected with or arising from your failure to maintain current and accurate contact information including, without limitation, your failure to receive critical information regarding the Services.

CHANGES

These Terms of Use (and other applicable terms, such as our Privacy Policy, related policies, and guidelines) are subject to occasional revisions. Your use of the Services after revisions to any of the foregoing will constitute your acceptance of the revised terms and the revisions will apply to you after the "last updated" date, which is posted at the top of this page. No changes or alterations shall be deemed to be an admission that there is or ever was anything wrong with these terms.

APPLICATIONS

We may offer services through various applications including applications on smart phones, tablets and similar devices, and interactive plugins distributed on other websites. You agree these Terms of Use and any other agreements required to download such applications shall govern, and you agree that various information including, but not limited to, your device on which you utilize to access these applications, mobile carrier, internet access provider, physical location, websites containing plugins, etc. may be communicated to us and used by us in our sole discretion. If you import any content through any such application, you represent that you have the authority to share such content with us and/or your mobile carrier, internet access provider, or other provider. Should you change phone numbers or deactivate your device account, you agree to update your account information to reflect such a change and agree that any failure to do so is solely your responsibility. You are solely responsible for all charges related to your use of these applications.

DISCLAIMERS

You agree that Shiftgig and its officers, directors, agents, investors, and employees are not responsible for any incorrect or inaccurate content or information posted on the Services or in connection with the Services and no user should rely on any information therein or the continuation of the Services.

THE SERVICE AND ALL INFORMATION AND ON IT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. SHIFTGIG, ITS OFFICERS, DIRECTORS, AGENTS, INVESTORS, AND EMPLOYEES, AND EACH OF THEIR RESPECTIVE AFFILIATES, ADVERTISERS, PROMOTERS, OR DISTRIBUTION PARTNERS WILL IN NO WAY AND UNDER NO CIRCUMSTANCES BE RESPONSIBLE FOR ANY CLAIM, DEMAND, LOSS OR DAMAGE OF ANY KIND, INCLUDING PERSONAL INJURY OR DEATH, RESULTING FROM ANYONE’S USE OF THE SERVICE, WHETHER ONLINE OR OFFLINE. WE DO NOT CONTROL OR REVIEW USER GENERATED CONTENT FOR ACCURACY. WE DO NOT PROVIDE ANY EXPRESS WARRANTIES OR REPRESENTATIONS. WE DISCLAIM ANY AND ALL IMPLIED WARRANTIES AND REPRESENTATIONS TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, INCLUDING, WITHOUT LIMITATION, ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ACCURACY OF DATA, AND NON-INFRINGEMENT. SHOULD YOU BECOME DISSATISFIED OR HARMED BY THE SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO TERMINATE YOUR ACCOUNT IN ACCORDANCE WITH THE ABOVE SECTION “TERM.”

We have no obligation to verify the identity of the individuals or users subscribing to the Services, nor do we have any obligation to monitor the use of Services by users. Therefore, we disclaim all liability for identity theft or other misuse of your identity or information. We are not responsible for the conduct, whether online or offline, of any user of the Services. We assume no responsibility for any error, omission, interruption, deletion, defect, delay in operations or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, user communications, nor are we responsible for any problems or technical malfunctions whatsoever including, but not limited to, malfunctions of telephone networks or lines, computer online systems, servers or providers, computer equipment, software, failure of email, traffic congestion on the internet or at any website. Such malfunctions further include damage or injury to your or any other person’s computer or device relating to or resulting from participation or use of the Services.

We are not responsible for any communications occurring on the Services or as a result of any of the Services and make no representations or warranties as to the delivery of any messages. Further, we do not represent or warrant that your use of the Services will not infringe on the rights of third parties. Any material, service or technology described or used on the Services may be subject to intellectual property rights owned by third parties who have licensed such material, service or technology to Shiftgig.

LIMITATION OF LIABILITY

Shiftgig and its officers, directors, agents, investors, and employees will not, under any circumstances, be liable for any direct, indirect, incidental, consequential, general, special or exemplary damages arising from or relating to the Services, any provision of these Terms of Use or any violation thereof or any conduct of you or anyone else in connection with the use of the Services including, but not limited to, bodily injury, emotional distress, and/or any other damages resulting from communications or meetings with other users or persons you meet through or because of the Services. Additionally, the aggregate total liability of Shiftgig and its officers, directors, agents, investors, and employees arising with respect to or related to the Services or these Terms of Use will not exceed the total amounts paid by any such user to Shiftgig in the twelve (12) months prior to the claim arising.

Some U.S. states (including for example New Jersey) and some foreign countries do not permit the exclusion or limitation of implied warranties or liability for certain categories of damages. Therefore, some or all of the limitations above may not apply to you to the extent they are prohibited or superseded by state or national provisions. We make no representation of any kind with respect to the applicability and enforceability of laws or policies of countries other than the United States over the Services provisions of these Terms of Use.

NON-SOLICITATION

Other than connecting with users for the purpose of receiving or providing a temporary job position or project, users are prohibited from using the Services for the purpose of recruiting for another website or soliciting, advertising to, or contacting other users for employment, contracting, or any other purpose for a business not affiliated with Shiftgig without the express written consent of Shiftgig. As previously noted, we reserve the right to terminate your account or use of the Services in our sole discretion at any time if you violate these Terms and Conditions. We further reserve the right to take appropriate legal action including, without limitation, civil or criminal actions, and requesting injunctive relief.

DISPUTE RESOLUTION, ARBITRATION, AND GOVERNING LAW

You agree to first try to resolve any dispute informally by contacting us at legal@shiftgig.com. We will respond to you by email and attempt to resolve disputes you submit to us. If a dispute you present to us is not resolved within 30 days of the first email submission regarding the dispute, formal proceedings may be initiated according to the following terms.

These Terms of Use and any dispute between you and Shiftgig related to or arising from the Services or these Terms of Use shall be governed by the laws of the state of Illinois without regard to principles of conflicts of law, provided, however that this arbitration agreement shall be governed by the Federal Arbitration Act.

You agree that any claim or controversy arising out of or relating to the Services or these Terms of Use shall be settled exclusively by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association before a single arbitrator taking place in Chicago, Illinois. You agree to give up your right to go to court to assert or defend any claims between you and Shiftgig or its officers, directors, agents, investors, and employees, and your right to participate in a class action or other class proceeding. You can decline this agreement to arbitrate by clicking here and submitting the opt-out form within 30 days of first accepting these Terms of Use. All claims and controversies must be arbitrated on an individual basis and may not be consolidated with any other claims or controversies. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations are not allowed. Judgment on the arbitration award may be entered into any court having jurisdiction in Chicago, Illinois. You or Shiftgig may seek any preliminary or interim relief from a court of competent jurisdiction in Chicago, Illinois solely as necessary to protect the rights of property pending the completion of arbitration. Any proceeding required to enforce this arbitration agreement may be commenced in any court of competent jurisdiction. In the event that this arbitration agreement is held to be unenforceable, any litigation against Shiftgig or its officers, directors, agents, investors, and employees may be commenced only in federal or state courts located in Chicago, Illinois, and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction and venue of those courts for such purposes.

CUSTOMER SERVICE - COMMUNITY SUCCESS

Shiftgig provides assistance to its users through its Community Success Representatives. Communications between you and our Community Success  Representatives may be recorded for quality assurance purposes and you are prohibited from being abusive, obscene, profane, offensive, sexist, threatening, harassing, racially offensive, or otherwise inappropriate toward our Community Success  Representatives. We reserve the right to immediately terminate your account, and you will not be entitled to any refund, if we, in our sole discretion, feel that you have mistreated our Customer Services Representatives in any way.

GENERAL PROVISIONS

Failure by Shiftgig to enforce any provisions of these Terms of Use shall not be construed as a waiver of any provision or right. These Terms of Use constitute the entire agreement between you and Shiftgig with respect to the Services and subject matter hereof. If any provision of these Terms of Use is found to be invalid or unenforceable, the remaining provisions shall be enforced to the fullest extent possible, and the remaining Terms of Use shall remain in full force and effect (in New Jersey, this shall include the sections referenced below in the “NOTICE FOR NEW JERSEY RESIDENTS” section). These Terms of Use inure to the benefit of Shiftgig, its successors, and assigns. Any notice or communication to be given hereunder shall be in writing and given by facsimile, postpaid registered or certified mail return receipt requested, or electronic mail.

NOTICE FOR CALIFORNIA RESIDENTS

Under California Civil Code Section 1789.3, California Services users are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone at (800) 952-5210.

NOTICE FOR NEW JERSEY RESIDENTS

If you live in New Jersey, please carefully read our Terms of Use and understand that by using the Services, in addition to the other terms you agree to, you agree that (i) any dispute between us will be governed by Illinois law and decided by non-judicial arbitration, (ii) you waive rights to maintain a court action, the right to a jury trial, and the right to participate in any form of class or representative claim (see “DISPUTE RESOLUTION, ARBITRATION, AND GOVERNING LAW” section above), (iii) under the laws of the State of New Jersey, limitations on implied warranties or the exclusive or limitation of certain damages as set forth in the “LIMITATION OF LIABILITY” section may not apply to you, and (iv) you are responsible for any harm (see “INDEMNIFICATION” section above) that you cause us, whether it is because of (a) the content or materials posted on or submitted to the Services by you, (b) your material uncured breach of these Terms of Use, any applicable laws that protect us, or our legal rights or those of any third party whose legal rights your actions have damaged or (c) any and all activities that occur under your account, username and/or password.