Independent Contractor Services Agreement (Terms of Use )- Nogigiddy LLC
Independent Contractor Services Agreement (Terms of Use)
Nogigiddy LLC ("Nogigiddy," "we," "us," or the "Company") is a technology company specializing in software solutions. We have developed and maintain an online job marketplace. Customers who have access to our platform ("Customers") can utilize the Nogigiddy Platform (defined below) to connect with independent contractors located across various geographic regions ("Contractors" or "you") who are actively seeking short-term job opportunities. Contractors who have access to our platform can use the Nogigiddy Mobile Application (the "Nogigiddy Mobile Application" or the "Application") to search for, review, and, if they wish, respond to service requests from Customers at their discretion.
PLEASE READ THIS AGREEMENT CAREFULLY. THIS AGREEMENT CONTAINS A MANDATORY INDIVIDUAL ARBITRATION AND CLASS ACTION WAIVER PROVISION THAT REQUIRES YOU AND NOGIGIDDY TO RESOLVE COVERED DISPUTES THROUGH ARBITRATION ON AN INDIVIDUAL BASIS, INSTEAD OF THROUGH COURT PROCEEDINGS.
Acknowledgment and Acceptance of Independent Contractor Services Agreement (Terms of Use)
This Independent Contractor Services Agreement (referred to as the "Terms of Use" or the "Agreement") establishes a legally binding contract that defines the terms of your relationship with Nogigiddy LLC ("Nogigiddy," "we," "us," or the "Company"). It governs your use of the Nogigiddy Platform and the services you provide in connection with your use of the Application. By completing the registration process to become a Contractor with Nogigiddy, you acknowledge and consent to be bound by the provisions of this Agreement. We urge you to carefully read and comprehend this Agreement. By accessing the Application, accepting service requests, or participating as a Contractor, you indicate your acceptance of and commitment to adhere to the terms, conditions, and notices outlined herein.
Except as noted below, Nogigiddy retains the right to modify this Agreement and introduce additional terms at its discretion, which will become effective when published on the Application or communicated directly to you. It is your responsibility to routinely review this Agreement for any updates or changes to its terms. Your continued use of the Application after any modifications have been made to this Agreement will constitute your consent to such changes. Aside from making these changes accessible on the Application, Nogigiddy is not obligated to provide individual notifications regarding changes to this Agreement or the creation of additional terms.
Notwithstanding the preceding paragraph or any contradictory language within this Agreement, if Nogigiddy amends the Arbitration Provision detailed in Section 9 of this Agreement, such modifications will be binding on you only upon your acceptance (whether electronically or otherwise) of the modified Agreement.
You acknowledge your capacity to electronically receive, download, and print this Agreement, including related terms, notices, and forms (such as IRS Form 1099-NEC or Form 1099-MISC), any other documents incorporated into this Agreement by reference, any amendments to this Agreement, and any other items or documents mandated by regulation or law. Furthermore, you commit to maintaining up-to-date contact information in your Nogigiddy account, including your email address, physical mailing address, and phone number.
Access to the Application is solely granted to individuals capable of entering into legally binding contracts under applicable law. Specifically, you must be at least 18 years old [or the age of legal majority in your jurisdiction] and legally authorized to work in the United States as an independent contractor to register as a Contractor with Nogigiddy. Failure to meet these criteria will disqualify you from becoming a Contractor with Nogigiddy.
1. Definitions
The following capitalized terms are defined either below or elsewhere within this Agreement:
1.1 "Services": Refers to the services specified in a service request ("Request") to be provided by a Contractor to a Customer.
1.2 "Request": Signifies the information provided by a Customer or on their behalf, made accessible through the Application to one or more Contractors. It includes a description of the services to be rendered by the Contractor(s), the requested start and completion times for the Request (unless the Customer has not set specific times), and the fee associated with the Request (referred to as the "Payment"). An open Request is a service request that has not yet been accepted by a Contractor ("Open Request"). Contractors have the discretion to use the Application to search, review, and, if they choose, accept Open Requests. Once a Contractor accepts a Request in accordance with Section 2, the Request becomes an "Engagement." Please note that in certain instances where a Request has been posted with an incorrect fee amount (e.g., posted at a rate exceeding double the average rate of pay for similar jobs as posted by the Customer in the last sixty (60) days), the Customer may adjust the fee to either (i) no less than one hundred twenty percent (120%) of the average rate of pay for similar jobs posted by the Customer within the past sixty (60) days, or (ii) thirty dollars ($30) per hour, whichever is lower.
1.3 "Nogigiddy Mobile Application" or "Application": Denotes the software application owned and operated by Nogigiddy within the Nogigiddy marketplace.
2. Contractors
2.1 Customer Conditional Offer Specifications and Privacy Information: Some Customers may require Contractors to complete specific steps or meet particular specifications after accepting a Request but before commencing work ("Conditional Offer Specifications"). Contractors will be notified of any Conditional Offer Specifications after accepting the Request. Failure to fulfill or meet these Conditional Offer Specifications to the Customer's satisfaction will result in the Contractor's inability to complete the accepted Request. Please be aware that certain Conditional Offer Specifications may necessitate Nogigiddy or a designated third-party provider to request your social security number and share it with entities requiring the information to facilitate the Conditional Offer Specifications. Nogigiddy may also share your social security number with a third-party payment processor, such as Stripe, to verify your payment account and ensure account security.
Washington Users: Nogigiddy adheres to state and local laws governing pre-employment inquiries related to criminal arrests or convictions, including Washington's Fair Chance Act, RCW 49.94.010. Nogigiddy does not allow Customers to use criminal background checks to automatically or categorically exclude Contractors solely due to a citation, arrest, or conviction for criminal conduct.
2.2 Best Efforts: By registering to use the Application as a Contractor and accepting an Open Request, you commit to using your best efforts to perform the Engagement in compliance with the specifications outlined by the Customer who created the Open Request. Once a Contractor accepts a Request, that Open Request will no longer be available for other Contractors to perform. By accepting an Open Request, you enter into a legally binding agreement to provide the Services in exchange for the Payment specified in the Open Request. Therefore, you agree not to accept an Open Request unless: (1) you fully understand the Customer's requirements; (2) you possess the necessary skills and expertise to fulfill the Services detailed in the Open Request; (3) you can complete the Services within the timeframe specified by the Customer; and (4) you can travel to and from the Customer's location as required. You further acknowledge and agree that if you fail to arrive at the Customer's location by the specified start time indicated in the Request, the Customer may cancel the Request without penalty. Failure to timely deliver the Services in accordance with the Customer's specifications will constitute a breach, resulting in non-payment. Additionally, in the event of such a breach, you will be responsible for covering any additional fees (e.g., rush fees) or costs incurred due to your failure to complete the Open Request as specified by the Customer. You agree not to possess, sell, receive, or operate under the influence of any drugs or alcohol while performing any Engagement.
3. Independent Contractor Relationship
This Agreement is expressly designed to establish and maintain an independent contractor relationship between you and Nogigiddy, as well as between you and any Customers. It is not intended, nor should it be interpreted, to create a partnership, joint venture, or an employer-employee association between you and Nogigiddy or any Customers.
You explicitly acknowledge and affirm that you are, and you have a deliberate and unequivocal intention to operate as, an independent contractor and not as an employee. Consequently, you commit not to adopt any position on your tax return or in any application for benefits, or to assert any position in any proceeding directly or indirectly involving Nogigiddy or Customers related to your use of the Application that contradicts your status as an independent contractor.
It is essential to acknowledge and agree that you do not act as an agent for Nogigiddy or any Customer, and you are not authorized to, nor should you represent to any third party that you have the authority to, make commitments or take actions on behalf of Nogigiddy or any Customer.
As an independent contractor, you possess full discretion to determine the timing, location, frequency, and manner in which you make yourself available to accept Requests for providing Services to Customers. You hold sole responsibility for selecting which Open Requests, if any, you choose to accept under this Agreement and for the method by which you perform or provide Services for Customers.
Unless you explicitly agree otherwise when accepting a Request, you are under no obligation to make yourself available to accept Requests or to render Services on specific days, at specific times, for specific durations, for particular Customers, or with any predefined frequency.
Nogigiddy does not and will not impose any restrictions on your ability to offer services for, through, or on behalf of other parties, including Nogigiddy's competitors. In fact, as an independent contractor and business entity, Nogigiddy anticipates that you will provide services for, through, or arranged by other entities.
You affirm and declare that you possess the unrestricted right to earn income and collect fees from various sources, and Nogigiddy does not guarantee any minimum number of Engagements.
Nogigiddy does not and will not exercise control or supervision over your activities concerning the use of the Application and the Nogigiddy Platform (defined below). This includes activities related to the consideration and acceptance of Requests, as well as the provision of Services to Customers.
Nogigiddy does not and will not impose limitations or constraints on your capacity to hire or engage other individuals or entities in connection with your business operations
Nogigiddy neither offers nor shall offer performance evaluations for your work. Additionally, Nogigiddy does not and will not oversee your work, provide instructions on how to perform Services, or dictate the methods or processes you employ to carry out Services.
Nogigiddy does not compensate you through a fixed salary or hourly rate. Instead, it facilitates the payment of rates set by Customers for the Services they request.
Nogigiddy does not and will not provide training, tools, equipment, or benefits to you, and it will not reimburse any expenses you may incur while performing Services.
Nogigiddy does not and will not determine the timing for fulfilling Requests or Engagements.
Nogigiddy maintains its business operations independently and separately from your business activities. It is important to recognize that you lack legal authority to enter into contracts on behalf of Nogigiddy or to bind Nogigiddy in any manner.
You are responsible for securing and keeping up with any necessary registrations, licenses, or authorizations required for the Services you deliver to Customers.
Benefits, Taxes, and Payment Processing
3.1 Benefits and Contributions: You acknowledge and understand that you do not qualify for any benefits offered to employees by Nogigiddy, its parent companies, subsidiaries, affiliates, or related entities. These benefits may include group insurance, profit-sharing plans, or retirement benefits. As an independent contractor, Nogigiddy will not withhold payments for social security, make contributions for unemployment insurance or disability insurance, or secure workers' compensation insurance on your behalf. In the event that, despite your independent contractor status, you are reclassified as an employee of Nogigiddy or any Nogigiddy affiliate by the U.S. Internal Revenue Service (IRS), the U.S. Department of Labor (DOL), or any other federal, state, or foreign authority, you acknowledge that you will not become entitled to, nor eligible for, any employee benefits, either prospectively or retroactively, under any plans or programs established by any Customer, its parent companies, subsidiaries, affiliates, or related entities, or by Nogigiddy, its parent companies, subsidiaries, affiliates, or other related entities.
3.2 Taxes: You accept and agree that you are solely responsible for filing all necessary tax returns and making all required payments to federal, state, local, or foreign tax authorities related to the Payments you receive for the Services you provide under this Agreement. You commit to fulfilling these obligations promptly and in accordance with applicable federal, state, local, and foreign laws governing self-employed individuals. This includes complying with tax laws related to income, employment, social security, disability, and other contributions. To meet IRS requirements, Nogigiddy will report Payments made to you for services performed during Engagements by filing Form 1099-NEC with the IRS. You consent to the electronic delivery of Form 1099-NEC if such a form is necessary. You also agree to indemnify Nogigiddy for any tax liabilities incurred by Nogigiddy as a result of your failure to timely pay all applicable taxes.
3.3 Third-Party Payment Processing Services: Payment processing services for Nogigiddy Contractors are facilitated by Stripe and are subject to the Stripe Connected Account Agreement, which includes the Stripe Terms of Service (collectively referred to as the "Stripe Services Agreement"). You can find these documents using the provided links or by conducting an online search using terms like "Stripe Connected Account Agreement" or "Stripe Terms of Service." By accepting these Terms of Use or continuing to operate as a Nogigiddy Contractor, you consent to be bound by the Stripe Services Agreement, as it may be amended by Stripe from time to time. To enable payment processing services through Stripe, you agree to provide Nogigiddy with accurate, truthful, and complete information about yourself and your business, and to regularly update your contact information, including physical and email addresses. You authorize Nogigiddy to share this information and transaction data associated with your use of Stripe's payment processing services. Additionally, you grant Nogigiddy permission to electronically debit your Stripe account and, if necessary, electronically credit your account to rectify any erroneous debits.
4. Confidentiality, Privacy & Equality
4.1 Use and Disclosure: On occasion, you may gain access to confidential information while performing Engagements. Throughout the duration of this Agreement and thereafter, you commit to the following: (a) maintaining strict trust and confidence regarding all Confidential Information, (b) refraining from using or allowing others to use Confidential Information in any manner or for any purpose not explicitly permitted or required by this Agreement, and (c) avoiding the disclosure or permitting others to disclose any Confidential Information to any third party without securing Nogigiddy express prior written consent on a case-by-case basis. "Confidential Information" encompasses all information pertaining to Nogigiddy's or any Customer's business (including trade secrets, technical data, business forecasts and strategies, marketing plans, lists of customers and suppliers, personnel data, financial details, and proprietary information of third parties, including Customers) that Nogigiddy and/or the Customer regards as confidential or proprietary, or that Nogigiddy is obligated to treat as confidential.
4.2 Standard of Care: You are responsible for safeguarding the Confidential Information from unauthorized use, access, or disclosure, employing the same level of care as you would for your own confidential or proprietary information of a similar nature, and with no less than reasonable care. Additionally, you pledge to adhere to the terms outlined in Nogigiddy's Acceptable Use Policy concerning your use of Nogigiddy’s networks, systems, applications, and related services (collectively referred to as the "Nogigiddy Platform"). You can review the Acceptable Use Policy at [link to the policy]. Furthermore, you agree to comply with the terms of Nogigiddy's Privacy Policy and Nogigiddy's Equality Policy concerning your use of the Nogigiddy Platform. You can find these policies at [links to the Privacy Policy and Equality Policy, respectively]. Should you decide to participate in any promotional offers, incentives, surveys, or related offerings provided by Nogigiddy, you acknowledge and accept that you are bound by (a) the general terms and conditions governing Nogigiddy promotions, incentives, surveys, and related offerings, available at [links to the terms and conditions], and (b) any additional terms and conditions related to specific offerings provided by Nogigiddy or otherwise made available to you.
5. No Conflicts
You affirm and guarantee that you are not bound by any agreement or obligation that would be violated by your acceptance or performance of your duties under this Agreement or any Engagement. Additionally, you confirm that there are no contractual obligations that conflict with the terms of this Agreement or any Engagement.
6. Representations And Warranties
6.1 General. You hereby make the following representations, warranties, and commitments:
(a) You possess the full right, authority, and capability to enter into and fulfill this Agreement without requiring consent from any third party.
(b) You pledge to abide by all the terms and conditions outlined in this Agreement.
(c) You commit to meeting the specifications provided by Customers and all other terms of any Request you accept. The Services you provide to Customers will be executed in a professional and skillful manner.
(d) You will strictly adhere to all applicable laws, regulations, and rules while performing or providing
Services to Customers.
(e) Any individuals you employ, engage, or retain to assist in delivering Services under this Agreement will be appropriately classified and treated in accordance with applicable laws. They will also carry out their duties in a safe, legal, and skillful manner.
(f) You acknowledge that you are not providing labor or services to Nogigiddy in exchange for remuneration. Instead, you have the freedom to utilize the Application to explore, review, and accept Requests posted by Customers at your discretion.
(g) You will always maintain independence from Nogigiddy's control and direction in connection with your utilization of the Application and the Nogigiddy Platform. This includes during the evaluation and acceptance of Requests, as well as throughout the completion of Engagements.
(h) You understand that Nogigiddy operates as an online job marketplace and affirm that Requests posted by Customers pertain to work that falls outside the customary scope of Nogigiddy's business operations.
(i) You are autonomously engaged in providing the Services specified in any Request you accept through this Agreement.
(j) By utilizing the Nogigiddy Mobile Application to connect with Customers who have access to the Nogigiddy Platform, you acknowledge and agree that you hold yourself out to Customers and the general public as an independent contractor/business entity engaged in an autonomously established trade, occupation, business, and/or profession related to the Services you commit to providing for Customers.
(k) You acknowledge and agree that Nogigiddy lacks control over the worksite(s) where you perform or provide Services to Customers. You also recognize your responsibility to communicate any safety concerns or issues to on-site personnel.
(l) You acknowledge and agree that requests for Services are posted by Customers without Nogigiddy review, and Nogigiddy cannot verify the accuracy of any such requests.
(m) You acknowledge the time-sensitive nature of completing Requests for Services. If a Request specifies a start time and you are not present and available at that time, the Customer may promptly cancel the Request.
(n) You will exclusively accept Requests for which you possess the requisite skills, qualifications, expertise, licenses, and authority. You will execute Engagements safely and in full compliance with all applicable laws and regulations.
(o) You explicitly intend to operate as an independent contractor. You further acknowledge that all Requests posted on the Nogigiddy Platform are intended for independent contractors, and you will decline any Request if you believe you cannot provide Services as an independent contractor.
(p) You will promptly notify Nogigiddy in writing if you ever have reason to believe that you have not received the fees or payments to which you are entitled under this Agreement, any Request, or applicable laws.
(q) Nogigiddy has no obligation to facilitate compensation for Services performed outside of Engagements.
(r) You are responsible for accurately recording your 'start' and 'end' times for Engagements through the Application.
6.2. Indemnification.
You agree to indemnify and hold harmless Nogigiddy, its parent company, affiliates, employees, and agents from any and all liabilities, losses, damages, costs, and other expenses, including attorney fees and litigation costs, that arise from:
Any breach by you of any representation, warranty, covenant, or obligation in this Agreement.
Any negligent or intentional act or omission on your part in connection with the performance of any Engagement, which results in a claim for damages against you, Nogigiddy, or its parent company, affiliates, employees, or agents.
Nogigiddy explicitly states that it has no obligation to defend or indemnify you against any third-party claims arising from any negligent or intentional act or omission committed by you during the performance of an Engagement.
6.3. Insurance.
You acknowledge your status as an independent contractor, distinct from an employee of Nogigiddy. Consequently, you understand that you are not covered by any insurance provided by Nogigiddy to its employees, including health insurance, workers' compensation insurance, general liability insurance, and automobile liability insurance.
Nogigiddy does not have any employees or employers. As an independent contractor, it is your responsibility to maintain workers' compensation or occupational accident insurance, and you acknowledge that you are solely responsible for this insurance. In the event of an injury while working within the scope of an Engagement, you are aware that you do not have the coverage of workers' compensation insurance typically provided to employees of a company like Nogigiddy
Furthermore, if your actions lead to injury to a third party while performing an Engagement or providing Services, you recognize that you are not covered by any general liability or automobile liability insurance held by Nogigiddy. Nogigiddy does not commit to defending or indemnifying you in such circumstances and explicitly denies any such obligation.
If you fail to provide sufficient proof of valid workers' compensation or occupational accident insurance (where permitted by law), you will incur a Trust and Safety Fee. This fee will cover supplemental occupational accident insurance and offset expenses related to Nogigiddy Support.
By accepting these Terms of Use, you agree to pay the Trust and Safety Fee.
6.4. Warranty Disclaimer.
The Application is provided "as is," without any warranties or conditions, whether express or implied, including but not limited to the implied warranties of merchantability, accuracy, fitness for a particular purpose, title, and non-infringement. These warranties may arise by statute, law, or from a course of dealing or trade usage.
Nogigiddy disclaims all warranties and makes no representations or warranties, express or implied, regarding the quality, identity, or reliability of any third party, or the accuracy of postings made on the Application by any third party.
Please note that in some states and jurisdictions, not all of the above limitations on implied warranties may apply.
7. Limitation Of Liability
Nogigiddy shall not be held liable for any indirect, consequential, exemplary, special, incidental, or punitive damages arising from or relating to this Agreement. This includes, but is not limited to, loss of profits, missed business opportunities, or harm to goodwill, even if you have been advised of the possibility of such damages.
Nogigiddy's total cumulative liability under this Agreement, whether in contract, tort, or otherwise, shall not exceed the total amount of payments due to you for Engagements you have performed for Customers under this Agreement within the twelve-month period prior to the occurrence of the first claim that gives rise to liability under this Agreement.
It is important to note that in certain states and jurisdictions, some types of damages may not be subject to these exclusions and limitations. Therefore, to the extent that applicable law does not permit all of the above exclusions and limitations, some or all of them may not apply to you.
8. Term & Termination
8.1 Agreement Term and Termination by Nogigiddy
This Agreement has an initial term of 60 days and will automatically renew for additional 60-day periods as long as you continue to use the Nogigiddy Mobile Application. If more than 60 days pass without using the application, your next use will constitute a renewal of this Agreement. Nogigiddy reserves the right to terminate or restrict your access to the Application and the Nogigiddy Platform if you materially breach this Agreement or any Engagement, including violations of the law related to your use of the Application (or the provision or performance of Services for Customers). Additionally, if you engage in any conduct in connection with your use of the Application that Nogigiddy, at its sole discretion, deems harmful or detrimental to the operation of the Nogigiddy Platform, termination or restrictions may occur.
8.2 Survival of Certain Sections
Sections 3 (“Independent Contractor Relationship”), 4 (“Confidentiality”), 5 (“No Conflicts”), 6 (“Representations and Warranties”), 7 (“Limitation of Liability”), 8.2 (“Survival”), and 9 (“General Provisions; Arbitration”) will remain in effect even after the termination or expiration of this Agreement and/or any modification or termination of the Application. The termination or expiration of this Agreement will not relieve either party of any liability for any breaches of this Agreement committed before such expiration or termination.
9. General Provisions; Arbitration
9.1 Applicable Law
Except for the "Mandatory Binding Individual Arbitration and Class Action Waiver" provision governed by the Federal Arbitration Act, this Agreement and any dispute or legal matter arising from or related to it shall be subject to the laws of the U.S. state in which you currently reside. If you reside outside the United States, the applicable law will be the last U.S. state in which you resided, regardless of your country of origin or where you access the Nogigiddy Mobile Application, and irrespective of any conflicts of law principles.
9.2 Resolution of Disputes Through Arbitration
Both you and Nogigiddy mutually agree to resolve any legal disputes exclusively through a final and binding arbitration process rather than initiating a lawsuit in court. This arbitration provision is governed by the Federal Arbitration Act (9 U.S.C. §§ 1-16). It applies to any and all claims arising from or related to various aspects of your relationship with Nogigiddy, including but not limited to:
Your use of the Nogigiddy Platform.
Your classification as an independent contractor.
The services you provide or have provided to Nogigiddy or its customers.
Payments you receive or claim to be entitled to for your services.
Termination of this Agreement.
All other aspects of your past, present, or future relationship with Nogigiddy and its customers.
This provision covers disputes arising under federal, state, or local laws, including those related to harassment, discrimination, retaliation, and claims under various statutes such as the Civil Rights Act of 1964, Americans With Disabilities Act, Age Discrimination in Employment Act, Family Medical Leave Act, or Fair Labor Standards Act. It also applies to claims based on joint employment or misclassification theories, as well as other legal claims associated with your relationship with Nogigiddy and its customers.
This agreement to arbitrate disputes provides adequate consideration for this provision and applies to claims and disputes involving:
1.Nogigiddy.
2.Nogigiddy's affiliates, partners, and parent companies.
3.Nogigiddy's officers, directors, employees, or agents.
4.Successors and assigns of any of the above.
5.Customers (to the extent such claims relate to Nogigiddy or the Nogigiddy Platform).
6.Vendors working with Nogigiddy, including Amazon Web Services, Inc., Checkr, Inc., Evident ID Inc., Sovos Compliance, LLC, and Stripe, Inc. (to the extent such claims relate to Nogigiddy or the Nogigiddy Platform).
This arbitration provision is intended to cover disputes that would typically be resolved in a court of law or any other forum aside from arbitration unless stated otherwise.
Arbitration for Dispute Resolution
This Arbitration Provision mandates that all claims and disputes must be exclusively resolved through final and binding arbitration on an individual basis. This means that disputes will not be resolved through court or jury trials, class actions, collective actions, or representative actions.
However, this Arbitration Provision does not apply to any claim that cannot be arbitrated as provided by applicable law. If the governing law specifies that Private Attorneys General Action ("PAGA") claims under California law cannot be subjected to arbitration, then this Arbitration Provision does not cover such PAGA claims.
Moreover, this Arbitration Provision, along with the Class Action Waiver within it, does not apply to claims related to sexual harassment and sexual assault ("Sexual Assault and Harassment Claims") to the extent that these claims:
1.Fall under the federal Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021 ("the Act").
2.Arose or accrued on or after the date of the enactment of the Act.
3.Had not arisen at the time of the creation of this Arbitration Provision.
Regardless of other provisions in this Agreement, the Arbitration Provision, or the rules of the American Arbitration Association (AAA) as discussed below, whether the Act applies to the Arbitration Provision and the validity and enforceability of this Arbitration Provision under the Act, if applicable, will be determined by a court with the appropriate jurisdiction, not an arbitrator.
Delegation Clause: To the maximum extent permitted by law, the arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to address any disputes regarding the formation, interpretation, applicability, enforceability, validity, conscionability, scope, breach, or alleged waiver of this Arbitration Provision. This includes claims that any part of this Arbitration Provision is void or voidable.
Arbitration Process for Dispute Resolution
(a) Commencing Arbitration: In the event that either party seeks to initiate arbitration, they must provide written notice to the other party within the applicable statute of limitations period. This notice should be sent via certified mail with return receipt requested or delivered personally. The arbitration initiation notice should include the following information: (1) the name and address of the party initiating arbitration, (2) a clear statement outlining the legal and factual basis of the claim, and (3) a description of the sought-after remedy. You may send your arbitration initiation notice to Nogigiddy LLC at legal@nogigiddy.com, on the condition that it contains the aforementioned details.
(b) Class Action Waiver: Nogigiddy LLC and you mutually agree that by accepting this Arbitration Provision, both parties waive their rights to have any dispute or claim adjudicated as a class action, collective action, or representative action. An arbitrator is not authorized to consider or rule on any class, collective, or representative action ("Class Action Waiver"). If any dispute arises regarding the enforceability, conscionability, voidness, or voidability of any part of this Class Action Waiver, such matters will be resolved solely by a court with jurisdiction, not an arbitrator. If (1) a dispute is filed as a class, collective, or representative action, and (2) it is ultimately determined that all or part of the Class Action Waiver is unenforceable, any such class, collective, or representative action must be adjudicated, if at all, in a competent civil court, while the enforceable portion of the Class Action Waiver will continue to be effective in arbitration.
(c) Acknowledgment of Independent Contractor Status: You acknowledge that agreeing to this Arbitration Provision does not alter your status as an independent contractor, both in fact and by law. You affirm that you are not an employee of Nogigiddy LLC or its Customers and that any disputes related to this matter are subject to arbitration as outlined in this Arbitration Provision. Furthermore, you understand and agree that Nogigiddy LLC operates as a technology services provider and does not furnish transportation services.
(d) Arbitration Rules: Any arbitration will be conducted in accordance with the American Arbitration Association Commercial Arbitration Rules ("AAA Rules"). However, the parties may agree to apply the American Arbitration Association Employment Arbitration Rules, depending on the nature of the claims involved. Additionally, unless stipulated otherwise by the parties, the following rules shall apply to any arbitration conducted under this Arbitration Provision in addition to and to the extent inconsistent with the AAA Rules:
(1) Arbitrator Selection: The arbitration will be presided over by a single arbitrator, chosen in accordance with the rules of the American Arbitration Association ("AAA Rules"). The arbitrator shall possess a valid legal license or be a retired judge with expertise in the relevant area of law underlying the dispute.
(2) Arbitration Location: If the parties cannot reach an agreement on the arbitration venue, the arbitration proceedings shall occur in the county where you completed the majority of your Engagements. In the absence of such a county, the arbitration shall be conducted in the county where you resided when you initially accepted these Terms of Use.
(3) Arbitration Costs: Subject to any applicable law that mandates otherwise, as determined by the arbitrator, Nogigiddy LLC shall cover all the arbitrator's fees and expenses. However, if you are the party initiating arbitration, you will be responsible for those expenses to the extent equivalent to what you would have incurred in pursuing a similar legal action in a competent court of law.
(4) Discovery: The arbitrator shall possess the authority to order discovery proceedings, including depositions, interrogatories, document production, or any other method deemed necessary for a comprehensive and equitable exploration of the dispute's issues. This is in recognition of arbitration's purpose as an expedient and efficient conflict resolution mechanism.
(5) Available Remedies: With the exception of matters covered by the Class Action Waiver, the arbitrator may grant remedies permitted under relevant statutory and case law, consistent with the relief obtainable in a court of law for the presented claims. The arbitrator shall apply the applicable state or federal substantive law, or both, as needed.
(6) Motions: The arbitrator may entertain motions to dismiss and/or motions for summary judgment, adhering to the standards outlined in the Federal Rules of Civil Procedure that govern such motions.
(7) Arbitration Award: The arbitrator's decision or award will be documented in writing, accompanied by factual findings and legal conclusions. The award issued by the arbitrator may be enforced in any court with competent jurisdiction.
(8) Injunctive Relief: Either party, whether you or Nogigiddy LLC, may petition a court with competent jurisdiction for temporary or preliminary injunctive relief in cases where not seeking such relief could render the arbitration specified in this paragraph ineffective. It is, however, important to note that all determinations of permanent relief will be adjudicated through arbitration, and pursuing preliminary injunctive relief will not constitute a waiver of rights under this arbitration agreement.
(e) Administrative Agency Claims: Irrespective of any other provisions within this Arbitration Provision, if applicable law permits recourse to an administrative agency (e.g., National Labor Relations Board, Occupational Safety and Health Administration, Equal Employment Opportunity Commission, U.S. Department of Labor, or analogous state or local agencies), claims may be brought before such an agency and remedies may be awarded, even if an arbitration agreement governed by the Federal Arbitration Act exists.
(f) AAA Rules: You can access the AAA Rules at https://www.adr.org/Rules. Alternatively, you can find them by searching for "AAA Commercial Arbitration Rules" (or, if applicable, "AAA Employment Arbitration Rules") using popular search engines like www.Google.com or www.Bing.com. You can also request a copy from legal@nogigiddy.com.
(g) Complete Agreement: This Arbitration Provision constitutes the entire agreement regarding the formal resolution of disputes covered by this Arbitration Provision. If any part of this Arbitration Provision is deemed unenforceable, the remaining sections shall remain in force. Therefore, to the smallest extent required to preserve the enforceability of this Arbitration Provision, its terms will be severed.
9.3 Changes to the Application: Nogigiddy LLC reserves the right to modify or terminate the Application or the Nogigiddy Platform, either temporarily or permanently, at any time, with or without prior notice. However, as indicated in Section 8.2 above, Section 9 ("General Provisions; Arbitration"), which encompasses the Arbitration Provision, will continue to apply even after this Agreement expires, is terminated, or any modifications are made to the Application or the Nogigiddy Platform. You acknowledge that Nogigiddy LLC will not be liable to you or any third party for any adjustments, suspensions, or discontinuations of the Application or the Nogigiddy Platform.
Legal Process Compliance: Nogigiddy LLC may comply with and respond to any legal orders, such as writs of attachment, liens, levies, subpoenas, warrants, or other forms of legal orders ("Legal Process"), provided we believe them to be valid. Where applicable by law, we will make reasonable efforts to notify you of such Legal Process by sending a copy to the email address we have on record for you. Nogigiddy LLC bears no responsibility for any losses, whether direct or indirect, that you may incur as a consequence of our compliance with or response to Legal Process.
These Terms of Use constitute a legally binding agreement (the “Terms” or “Agreement”) between you (“You”) and Abuwi Brothers LLC dba NoGigiddy, its parents, subsidiaries, representatives, affiliates, officers, and directors (collectively “NoGigiddy”) governing Your use of the NoGigiddy application (the “Application”), websites (including www.NoGigiddy.com), software, and technology platform (collectively, the “Services”). You and NoGigiddy may each be referenced in these Terms as a “Party” or together as the “Parties.”
SECTION 13 OF THESE TERMS, THE MUTUAL ARBITRATION AND DISPUTE RESOLUTION PROVISION (“MUTUAL ARBITRATION PROVISION”) REQUIRES, WITH LIMITED EXCEPTION, THAT ALL DISPUTES BETWEEN YOU AND NoGigiddy AND ANY RELIEF SOUGHT (INCLUDING, WITHOUT LIMITATION, MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) BE SUBMITTED ON AN INDIVIDUAL BASIS TO BINDING AND FINAL ARBITRATION AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS, GROUP, OR REPRESENTATIVE ACTION, OR IN ANY PROCEEDING BEFORE A JURY OR IN A COURT OF LAW.
By using any part of the Services, You agree to be bound by these Terms, our Privacy Policy and our Community Guidelines, which are incorporated herein by reference. You further agree that You are at least eighteen (18) years old and have legal authority to accept these Terms, If You do not want to be bound by these Terms or if You do not agree to these Terms, then You cannot use or access our Services.
In these Terms, “we,” “us,” “our'' and “NoGigiddy” all refer to NoGigiddy. These words also include any independent contractors or vendors who sometimes do work for us or on our behalf. All references to “You” or “Your,” as applicable, mean the person who accesses, uses, and/or participates in the Services, in any manner, and each of Your heirs, assigns, and successors. If You use the Services on behalf of an entity, organization, or company, You represent and warrant that You have the authority to bind that entity to these Terms. “You” or “Your” also refer to either a “Professional” (a service provider who uses the Services in order to receive access to Partner Service Requests) or a “Partner” (a company or business using our Services to to request service providers to fill one-time and/or recurring local work opportunities) or both, depending on context. In addition to these Terms, Gigstars must agree to NoGigiddy’s Contractor Services Agreement, and Partners must accept NoGigiddy’s Online Services Agreement. Notwithstanding the foregoing, these Terms govern Your use of and access to the Services, whether You are a Professional, Partner, Reference (as defined below), and/or otherwise. Further, in order to use many aspects of the Services, You must register for and maintain an active Services account (“Account”), and these Terms also govern Your Account and Your use of and access to Your Account.
We may amend these Terms from time to time. Any amendments will be effective upon NoGigiddy’s posting of such updated Terms on our websites or through our Services (including our mobile applications). Your continued access or use of the Services after such posting confirms Your consent to be bound by the Terms, as amended.
We’ve divided these Terms into sections so that You can more easily see which terms apply to everyone who uses our Services and which terms apply specifically to Gigstars or Partners.
About NoGigiddy
NoGigiddy created, develops, and maintains an online software and mobile application platform on which Partners connect with Gigstars to fill one-time and/or recurring work opportunities. Our Services enable Gigstars and other potential users of our Services to communicate their contact information, work experience, and reference information directly to Partners seeking to fill open work opportunities, in a format that these Partners understand. Our Services also enable eligible Gigstars to find temporary work as contractors (or in some cases, where specified, employees) and we facilitate that matching process. For contractors, we also facilitate payment to Gigstars for that work. Our Services also enable Partners to communicate “Partner Requests” (a request for Professional(s) to fill worker opportunities posted by a Partner through the Services) and the criteria they are using to match with a Professional; this matching turns an “Open Partner Request” (a Partner Request that has not been accepted by a Professional) into a “Partner Engagement” (a Partner Request that a Professional has accepted and for which the Professional has agreed to perform services for the Partner). Our Services also enable Gigstars and users to directly connect the people who will be their professional references to Partners. As a Professional, You choose Your references (we call them “References”), and You can see what they say about You (and ask us to remove comments with which You do not agree). Once You’ve completed a Partner Engagement with a Partner, that Partner can leave feedback that’s visible to You and other Partners that use NoGigiddy. If You do not agree with the feedback, You can let us know and we will review and potentially remove it. Our Services strive to make the information given to us by Gigstars (and their References), Partners, and users available in the most relevant and efficient way, so that Gigstars and users can find the work opportunities they want and Partners can find the workers they need. If you maintain in good standing an open business debit card account made available through NoGigiddy (an “NoGigiddy Debit Account”), the Services include access to such NoGigiddy Debit Account subject to the terms of the NoGigiddy Debit Account Agreement.
Your Relationship with NoGigiddy
Gigstars and Partners are independent contractors and are not employees of NoGigiddy (except as otherwise expressly agreed in writing by the Parties). Nothing in these Terms or as a result of Your use of the Services shall be construed as creating a joint venture, partnership, employment, or agency agreement between NoGigiddy and You.
To access some features of the Services, You must register for an Account. When You register for an Account, You may be required to provide us with some information about Yourself (such as Your name, work history, e-mail address, phone number, profile image, or other contact information). You agree that the information You provide to us is accurate, current, and complete, and that You will keep it up-to-date at all times. When You register, You will be asked to provide a password. You are solely responsible for maintaining the confidentiality of Your account and password, and any password for Facebook, Google, or other third-party login. You accept responsibility for all activities that occur under Your Account. If You have reason to believe that Your Account is no longer secure, You must immediately notify us via our “Help” center. NoGigiddy will not be liable and You may be liable for losses, damages, liability, expenses, and lawyers’ fees incurred by NoGigiddy or a third party arising from someone else using Your Account due to Your conduct regardless of whether You have notified us of such unauthorized use. You understand and agree that we may require You to provide information that may be used to confirm Your identity and help ensure the security of Your Account.
General Terms
You acknowledge that NoGigiddy does not and cannot control the behavior of the users of our Services, including Gigstars and Partners. We do our best to make sure that all users of our Services comply with these Terms, but we aren’t responsible if they do not.
You acknowledge that the engagement of a Professional to perform work (in the case of a Partner) or the performance of work for a Partner (in the case of a Professional) creates a direct business relationship between Partner and Professional. Once services have been rendered by a Professional, NoGigiddy facilitates payment of applicable fees by the Partner to the Professional, but NoGigiddy is neither the beneficiary of the work, nor does it undertake any responsibility for the nature or amount of payment for the work. Rather, all such engagements are between the Partners and the Gigstars and as such, both Partners and Gigstars retain the right to negotiate such fees at the time services are provided, and NoGigiddy will coordinate with a Professional to modify fees accordingly.
3.1 Prohibited Uses
Use of our Services in the following ways is prohibited (this is not intended to be a complete or exhaustive list, but it will give You an idea of the sorts of things that are not allowed):
Providing any User Content that violates any laws, infringes the rights (including the intellectual property rights) of others, is defamatory or otherwise creates liability for us;
Copying our Services or using our Services to enable any service that is competitive with us;
Posting links to any third-party websites through our Services;
Scraping, scanning or otherwise using our Service or any information or the meta-data associated therewith to collect or compile data about other users (including Gigstars or Partners);
Reselling any information obtained from us or while using our Service;
Attempting to compromise the integrity or security of the Services in any way;
Decompiling, reverse engineering or disassembling the Services in any way;
Reproducing, modifying, preparing derivative works based upon, distributing, licensing, leasing, selling, reselling, transferring, publicly displaying, publicly performing, transmitting, streaming, broadcasting or otherwise exploiting the Services in any way except as expressly permitted by NoGigiddy;
Accessing the Services using any automated processes (such as robots, spiders, etc.) for any reason; or
Harassing, defaming or discriminating against anyone or any entity for any reason and/or engaging in conduct that violates NoGigiddy’s Community Guidelines.
Further, You agree that You will not use the Services in any way that would violate any laws, infringe on any rights of others (including, without limitation, intellectual property rights and laws pertaining to non-discrimination, equal opportunity, and the Fair Credit Reporting Act), or otherwise create liability for NoGigiddy.
For Gigstars, Your use of the Services is strictly limited and granted solely to provide You the ability to seek to fill Open Partner Requests listed on or through the Services by Partners connected to You by or through the Services and, if you maintain in good standing an open business debit card account through NoGigiddy (an “NoGigiddy Debit Account”), for use of the NoGigiddy Debit Account. All other use is prohibited. Further, Your use of the Services is controlled by NoGigiddy’s Contractor Services Agreement, the terms of which shall control with respect to any conflict with these Terms.
For Partners, Your use of the Services is strictly limited and granted solely to provide You the ability to try to fill open work opportunities listed on or through the Services with workers connected to You by or through the Services. All other use is prohibited. Further, Your use of the Services is controlled by NoGigiddy’s Online Services Agreement, the terms of which shall control with respect to any conflict with these Terms
User Content
NoGigiddy’s Services include a communications platform, and we do not edit the communications that flow through the Services. NoGigiddy provides a platform that acts as a passive conduit for receipt of information that You provide or solicit. As a result, we aren’t responsible for their accuracy or completeness of such communications or information. We sometimes reformat how communications are displayed through the Services, and if we make a mistake in such reformatting, we are responsible for that.
Content You Provide
The Services may permit You to submit, upload, publish or otherwise make available to NoGigiddy through the Services textual, audio, and/or visual content and information, including Professional or Partner profiles, commentary and feedback related to the Services and other users, initiation of Services-related or support requests, and submission of entries for promotions ("User Content") (that may or may not be viewable by other users) through the Services or through other communications with You, including, without limitation, through text (“SMS”) or multimedia (“MMS”) messages (“Interactive Areas”). You have choices about Your User Content, including the information You include on Your profile, such as (but not limited to) Your background, education, work experience, skills, photograph(s) and/or location, and such User Content helps You to get more from our Services, including matching You to opportunities. It’s Your choice whether to include sensitive information or User Content on Your profile. Our Privacy Policy describes in detail what information we capture and how we use it.
The Services also allow You to communicate with other users. We cannot guarantee the accuracy, quality or integrity of information exchanged by users (including information exchanged or provided by Gigstars, Partners or References) on or through the Services. We are not liable for any content, delays, errors, omissions, loss or damage incurred as a result of Your use of our Services, including from or based on Your communications with other users (including Gigstars, Partners and References). Under no circumstances will NoGigiddy be liable for denial of access to any content in our Services. NoGigiddy is not responsible for incomplete, lost, late, undelivered or misdirected messages between users of our Services (including between Gigstars, Partners and References).
You must use Your real name and all the information You give us must be truthful and honest at all times. As stated above, we do not verify the accuracy or completeness of any information submitted to or through our Services, and thus we cannot guarantee the identity of the other users You may communicate with. Any User Content or information transmitted through the Services is the sole responsibility of the user from which such User Content or information originated, and NoGigiddy is not liable for any omissions or errors. We also do not guarantee the authenticity of the data that users provide about themselves or relationships they may describe. If You see any information about You that is inaccurate, You must report it to NoGigiddy. If You are a Partner, you can do so by emailing us at partners@NoGigiddy.com, and if You are a Professional, you can do so by using in-app chat support.
Any User Content provided by You remains Your property. However, by providing User Content to NoGigiddy, You grant NoGigiddy a worldwide, perpetual, irrevocable, transferable, royalty-free license, with the right to sublicense, to use, copy, modify, create derivative works of, distribute, publicly display, publicly perform and otherwise exploit in any manner such User Content in all formats and distribution channels now known or hereafter devised (including in connection with the Services and NoGigiddy’s business and on third-party sites and services), without further notice to or consent from You, and without the requirement of payment to You or any other person or entity.
Use of Your Content
You acknowledge that any User Content provided by You remains Your property. Further, You acknowledge that NoGigiddy does not provide any compensation for User Content that You post on or through the Services. You agree that User Content that You post on or through the Services shall be deemed to be non-confidential and non-proprietary, and NoGigiddy shall have no obligation of any kind with respect to such information. When You post User Content, You grant NoGigiddy a worldwide, perpetual, irrevocable, transferable, royalty-free, non-exclusive license, with the right to sublicense, to use, copy, reproduce, edit, adapt, translate, modify, create derivative works of, distribute, publicly display, publicly perform, sell, lease, transmit, communicate to the public, disassemble, publish and otherwise exploit in any manner such User Content in connection with NoGigiddy, or its partners’ or affiliates’ business, in whole or in part, in all formats and distribution channels now known or hereafter devised (including in connection with the Services and NoGigiddy’s business and on third-party sites and services), for any purpose whatsoever, including without limitation for promoting or redistributing part or all of the Services (and derivative works thereof) in any media formats and through media channels, without further notice to or consent from You, unless expressly agreed otherwise in writing, and without the requirement of payment to You or any other person or entity. Further, NoGigiddy shall be free to use any ideas, concepts, know-how or techniques contained in User Content for any purpose whatsoever in connection with our business or the business of our partners or affiliates, without notice to, approval by, or compensation to You, including but not limited to developing, manufacturing and marketing products incorporating such information. In the interest of clarity, the license granted to NoGigiddy shall survive termination of the Service or Your account.
User Content Review
You acknowledge and agree that NoGigiddy and its designees may or may not (but do not assume any obligation to), at NoGigiddy’s discretion, pre-screen User Content before its appearance on the Services. You further acknowledge and agree that NoGigiddy reserves the right (but does not assume the obligation) in its sole discretion to reject, move, edit or remove any User Content that is contributed to the Services. Additionally, NoGigiddy has the right to remove any User Content that violates these Terms or is otherwise objectionable in NoGigiddy’s sole discretion. You acknowledge and agree that NoGigiddy does not verify, adopt, ratify, or sanction User Content, and You agree that You must evaluate and bear all risks associated with Your use of User Content or Your reliance on the accuracy, completeness, or usefulness of User Content
Users Outside the US
Although the Services are accessible over the Internet and therefore available worldwide, the Services are intended for residents of and business in the United States. If You choose to access the Services from locations outside the United States, such conduct is at Your own risk and subject to the laws of the United States, which may differ from the laws and regulations in Your state or home country, and You are responsible for compliance with any local laws and regulations. Nothing in the Services should be interpreted as a promotion or solicitation for any service of any nature that is not authorized by the laws and regulations of the country where You are located.
Third Parties
During use of the Service, You may provide work for a Partner or engage a Professional through the Service. Any such activity, and any interactions, disputes, terms, conditions, warranties or representations associated with that activity, is solely between You and the applicable third-party. NoGigiddy and its licensors shall have no liability, obligation or responsibility for any purchase or transaction between You and any third-party provider. In no event shall NoGigiddy or its licensors be responsible for any content, products, services or other materials on or available from third-party sites or third-party providers. Certain third-party providers of goods and/or services may require Your agreement to additional or different terms and conditions prior to Your engagement, and NoGigiddy disclaims any and all responsibility or liability arising from such agreements between You and a third party.
Disclaimer of Warranty
YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD-PARTY RIGHTS, ARE HEREBY DISCLAIMED BY NoGigiddy TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. NoGigiddy MAKES NO REPRESENTATION, WARRANTY, OR GUARANTY AS TO THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, AVAILABILITY, ACCURACY OR COMPLETENESS OF THE SERVICE. NoGigiddy DOES NOT REPRESENT OR WARRANT THAT THE USE OF THE SERVICE WILL BE SECURE, TIMELY, UNINTERRUPTED OR ERROR-FREE OR WILL OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM OR DATA; THAT THE SERVICE OR ANY PRODUCTS OR MATERIALS OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS; OR THAT THE SERVICE OR THE SERVER(S) THAT MAKE THE SERVICE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
Gig Contributions, Compensation, and Content Use
Gig Contributions and Authenticity:
All contributions in the form of stories, reviews, and other content submitted for gigs must be genuine and based on actual experiences.
Any form of misrepresentation, dishonesty, or fabrication of experiences is strictly prohibited and may result in immediate account suspension or termination and forfeiture of any pending payments.
Compensation and Payment:
Compensation amounts for gig contributions will be specified within individual gig postings and may vary.
Payments will be processed within a predetermined timeframe, as specified in each gig description, following the approval of the submitted content.
It is the responsibility of the contributor to ensure payment details are accurate and up-to-date. NoGigiddy is not responsible for missed payments due to incorrect payment information.
Content Use Rights:
By submitting content as part of NoGigiddy gigs, contributors grant NoGigiddy unrestricted, perpetual, and royalty-free rights to use, reproduce, modify, distribute, and display the content across any medium.
Contributors agree that submitted content may be used for various purposes, including, but not limited to, marketing, user engagement, product enhancement, and other operational purposes without additional approval or compensation.
Contributor Responsibility:
Contributors agree to engage in ethical, respectful, and lawful conduct while participating in gigs and interacting within the NoGigiddy community.
In cases where gig participation involves engagement with third-party platforms or services (e.g., downloading apps, signing up for services), contributors are responsible for ensuring compliance with the terms and conditions of those platforms.
Dispute Resolution and Contact:
Contributors with disputes or queries related to gig contributions, content use, or payments should contact the NoGigiddy support team at support@nogigiddy.com.
All disputes must be submitted within 7 days of the incident or payment issue, after which NoGigiddy may not be obligated to entertain the claim.
Amendments to Terms:
NoGigiddy reserves the right to modify, add, or remove sections of these terms at any point without prior notice. Continued participation in gigs following any changes constitutes acceptance of the revised terms.
Bonus Payment Opportunities (Specific to "Share Your Ride" Gigs)
In our mission to encourage, reward, and circulate the narratives of our gig worker community, NoGigiddy introduces the bonus payment scheme, explicitly applicable to our "Share Your Ride" gigs. Through this bonus structure, contributors sharing their rideshare stories can earn additional rewards, based on the community impact and engagement of their shared content.
Engagement Bonus: Contributors may receive a $10 bonus for stories that foster significant interaction and involvement within the community. The determination of “notable engagement” will be made by NoGigiddy, considering various metrics and factors.
Quality Bonus: A potential $5 bonus is designated for submissions demonstrating exemplary storytelling or production quality, as assessed by the NoGigiddy team.
Impact Bonus: An additional $5 bonus may be awarded to stories that initiate insightful or impactful discussions within the community or that are deemed particularly impactful by NoGigiddy.
Key Notes:
Subjectivity and Flexibility: Bonus decisions are subjective and determined solely by NoGigiddy, considering a multitude of ever-changing metrics and factors.
Payment Timelines: Bonuses will be processed and paid within 48 hours from the point of determination and approval.
Contacting Us: For disputes or inquiries related to bonus payments, contributors can connect with us at support@nogigiddy.com within 7 days from the receipt or expected receipt date of the payment.
Bonuses are our way of acknowledging and cherishing the extra mile some stories go in bringing our community together, sparking discussions, or providing valuable insights. While we strive for utmost fairness and transparency in our bonus awards, we also underscore the inherent variability and subjectivity involved in these determinations.
NoGigiddy’S SERVICE MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS. NoGigiddy IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE RESULTING FROM SUCH PROBLEMS.
NoGigiddy RELIES UPON Gigstars AND PARTNERS TO PROVIDE ACCURATE INFORMATION. NoGigiddy DOES NOT REPRESENT OR WARRANT THAT SUCH INFORMATION ACCESSIBLE THROUGH THE SERVICE IS ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE. ALL CONTENT IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY. THE RELIANCE ON ANY INFORMATION PROVIDED THROUGH THE SERVICE IS SOLELY AT YOUR OWN RISK.
NoGigiddy DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A WORKER OR BUSINESS OR OTHER THIRD PARTY THROUGH THE SERVICE OR ANY HYPERLINKED WEBSITE OR THIRD-PARTY SERVICE, AND NoGigiddy WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN WORKERS, BUSINESSES, AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
Limitation of Liability
IN NO EVENT SHALL NoGigiddy’S TOTAL AGGREGATE LIABILITY TO YOU EXCEED THE GREATER OF TWO HUNDRED DOLLARS ($200) OR THE ACTUAL AMOUNT OF MONEY RECEIVED BY US FROM YOU DURING THE SIX (6) MONTHS PRECEDING THE DATE OF YOUR CLAIM AGAINST US. IN NO EVENT SHALL NoGigiddy OR ANY OF OUR PARTNERS, AGENTS, AFFILIATES, OFFICES, DIRECTORS, REPRESENTATIVES, EMPLOYEES, THIRD PARTY PROVIDERS OR CONTENT PROVIDERS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY FORM OF INDIRECT, PUNITIVE, EXEMPLARY, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR OTHER DAMAGES OF ANY TYPE OR KIND (INCLUDING PERSONAL INJURY, LOSS OF DATA, REVENUE, PROFITS, REPUTATION, USE OR OTHER ECONOMIC ADVANTAGE), ARISING OUT OF, IN CONNECTION WITH, OR RELATED TO THE USE OF OUR SERVICES, INCLUDING BUT NOT LIMITED TO THE RESULTS OF YOUR USE OF THE SERVICES, EVEN IF WE AND/OR OUR LICENSORS WERE PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
THIS LIMITATION OF LIABILITY SECTION APPLIES FULLY IN ALL STATES, INCLUDING RESIDENTS OF NEW JERSEY.
THE SERVICE CONNECTS Gigstars WITH PARTNERS FOR THE PURPOSES OF FACILITATING PARTNER ENGAGEMENTS. NoGigiddy WILL NOT ASSESS THE SUITABILITY, LEGALITY OR ABILITY OF ANY PROFESSIONAL OR PARTNER, AND YOU EXPRESSLY WAIVE AND RELEASE NoGigiddy FROM ANY AND ALL LIABILITY, CLAIMS OR DAMAGES ARISING FROM OR IN ANY WAY RELATED TO THE Gigstars OR PARTNERS. NoGigiddy WILL NOT ASSESS THE QUALITY, SAFETY, OR LEGALITY OF THE ITEMS OR WORK PRODUCT PROVIDED BY Gigstars OR PARTNERS ON THE SERVICE, AND YOU EXPRESSLY WAIVE AND RELEASE NoGigiddy FROM ANY AND ALL LIABILITY, CLAIMS OR DAMAGES ARISING FROM OR IN ANY WAY RELATED TO Gigstars OR PARTNERS. NoGigiddy WILL NOT BE A PARTY TO DISPUTES OR NEGOTIATIONS OF DISPUTES, BETWEEN Gigstars AND ANY PARTNER. RESPONSIBILITY FOR THE DECISIONS Gigstars AND PARTNERS MAKE REGARDING SERVICES OFFERED AND ENGAGED VIA THE SERVICES (WITH ALL THEIR IMPLICATIONS) RESTS SOLELY WITH THE PROFESSIONAL AND PARTNER. IN ADDITION, WE WILL NOT ASSESS THE SUITABILITY, LEGALITY OR ABILITY OF ANY THIRD PARTIES, AND YOU EXPRESSLY WAIVE AND RELEASE NoGigiddy FROM ANY AND ALL LIABILITY, CLAIMS, CAUSES OF ACTION, OR DAMAGES ARISING FROM YOUR USE OF THE SERVICE, OR IN ANY WAY RELATED TO THE THIRD PARTIES INTRODUCED TO YOU BY THE SERVICE. 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 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.
THE QUALITY OF THE PROFESSIONAL OR PARTNER PROVIDING SERVICES THROUGH THE USE OF THE SERVICE IS ENTIRELY THE RESPONSIBILITY OF THE PROFESSIONAL OR PARTNER WHO ULTIMATELY PROVIDES OR ENGAGES THE SERVICES. YOU UNDERSTAND THAT BY USING THE SERVICE, YOUR ITEMS MAY BE EXPOSED TO SITUATIONS THAT ARE POTENTIALLY DANGEROUS OR HARMFUL, UNSAFE OR OTHERWISE OBJECTIONABLE, AND THAT YOU USE THE SERVICE AT YOUR OWN RISK.
Indemnification
You are responsible for Your use of the Service, and You agree to defend (at NoGigiddy’s option), indemnify, and hold harmless NoGigiddy and its officers, directors, employees, contractors, consultants, affiliates, investors, service providers, business partners, subsidiaries and agents from and against every claim, liability, damage, loss, and expense, including reasonable attorneys’ fees and costs, arising out of or in any way connected with:
Your violation of any of these Terms, any representation, warranty, or agreement referenced in these Terms, or any applicable law or regulation;
Your violation of any third-party right, including any intellectual property right or publicity, confidentiality, other property, or privacy right; or
Any dispute or issue between You and any third party, including any worker, business, or other third-party.
NoGigiddy reserves the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by You (without limiting Your indemnification obligations) and You agree to cooperate with our defense of that claim. If the defense or settlement is assumed by You, NoGigiddy may at any time thereafter elect to take over control of the defense and settlement of the claim. You must not settle any claim that You are defending on behalf of NoGigiddy without NoGigiddy’s prior written consent.
This provision does not require You to indemnify NoGigiddy for any unconscionable commercial practice by such party, or for such party’s gross negligence, fraud, deception, false promise, misrepresentation or concealment, suppression or omission of any material fact in connection with the Software or Services.
You agree that the provisions in this section will survive any termination of Your account, this Agreement, or Your access to the Services.
Communications
CONSENT TO RECEIVE COMMUNICATIONS: By using the Service, You agree and consent to be contacted by, and to receive and accept communications from NoGigiddy and authorized partners, representatives, and/or affiliates via different communication methods, including but not limited to email(s), SMS/text message(s), push notification(s), and/or phone call(s) to contact information, including telephone number(s), You provide to NoGigiddy. By consenting to being contacted, You understand and agree that You may receive communications—including artificial or pre-recorded messages and/or automated systems, such as automatic telephone dialing systems—sent by or on behalf of NoGigiddy on various subjects, including but not limited to: (1) operational or transactional communications, such as those concerning Your Account, sign up progress to become a Professional or a Partner, use of the Platform and/or the Application; (2) communications relating to the Services, including incentive offers; (3) promotions, advertising, and/or marketing; (4) news concerning NoGigiddy and industry developments that affect Your relationship with NoGigiddy; and (5) Account verification communications. Message and data rates may apply. By consenting to be contacted, You represent that the telephone number(s) that You have provided to NoGigiddy are Your contact numbers, that You are permitted to receive calls at such telephone number(s), and that You will promptly alert NoGigiddy whenever You stop using or change a particular telephone number.
MARKETING COMMUNICATIONS & OPT-OUT: By using the Service, You agree and consent that NoGigiddy, its partners, affiliates, or representatives may contact You (including for marketing and promotional purposes from NoGigiddy or our third-party partners where permitted by law) by email, phone, push notifications, SMS/text message(s), or by other comparable means (including artificial or pre-recorded messages and/or automated systems, such as automatic telephone dialing systems) at the email address(es), phone(s), or phone number(s) You provide to NoGigiddy. YOU CAN UNSUBSCRIBE FROM NoGigiddy’S MARKETING EMAIL LIST BY FOLLOWING THE UNSUBSCRIBE OPTIONS IN THE MARKETING EMAIL ITSELF OR EMAIL UNSUBSCRIBE@NoGigiddy.COM. PLEASE BE ADVISED THAT IF YOU OPT OUT OF MARKETING EMAILS, NoGigiddy MAY STILL SEND YOU EMAILS ABOUT YOUR ACCOUNT OR ANY TRANSACTIONS BETWEEN THE PARTIES. FURTHER, IF YOU WISH TO OPT OUT OF MARKETING TEXT OR SMS MESSAGES, IN RESPONSE TO SUCH A MESSAGE YOU MAY REPLY “STOP” FROM THE MOBILE DEVICE RECEIVING THE MESSAGE. YOU ACKNOWLEDGE THAT YOU ARE NOT REQUIRED TO CONSENT TO RECEIVE MARKETING TEXTS OR CALLS AS A CONDITION OF USING NoGigiddy.
The Services also permit Gigstars to identify References and provide telephone numbers and other contact information for References. You agree that, if You provide us with such information, You have (i) obtained the Reference’s permission to share his, her, or its contact information with us and any Partner from which You are seeking a work opportunity; and (ii) the Reference’s consent for us, our partners and affiliates, and any Partner from which You are seeking a work opportunity to communicate with the Reference by any means, including phone call or text message, about a reference for You at the phone number or other contact source You provide for the Reference.
Intellectual Property Rights
NoGigiddy retains all rights and ownership in and to the Services (including all intellectual property rights therein), except as otherwise expressly provided herein. These rights include, without limitation, database rights, copyright, design rights (whether registered or unregistered), trademarks (whether registered or unregistered) and other similar rights wherever existing in the world together with the right to apply for protection of the same. We always appreciate suggestions for enhancements and new features and functionality in our Services (“Feedback”), but if You communicate those Feedback to us in any way, You hereby give ownership of and assign those Ideas to us completely and we can do what we like with them without owing You anything.
NoGigiddy and other NoGigiddy logos, designs, graphics, icons, scripts and service names are registered trademarks, trademarks, or trade dress of NoGigiddy in the United States and/or other countries (collectively, the “NoGigiddy Marks”). If You use the Service as a Partner or Professional, NoGigiddy grants to You, during the term of this Agreement, and subject to Your compliance with the terms and conditions of this Agreement, a limited, revocable, non-exclusive license to display and use the NoGigiddy Marks solely with Your use of the Service (“License”). The License is non-transferable and non-assignable, and You shall not grant any third party any right, permission, license, or sublicense with respect to any of the rights granted hereunder without NoGigiddy’s prior written permission, which it may withhold at its sole discretion. The NoGigiddy Marks may not be used in any manner that is likely to cause confusion.
You acknowledge that NoGigiddy is the owner and licensor of the NoGigiddy Marks, including all goodwill associated therewith, and Your use of the NoGigiddy Marks, if any, will confer no additional interest in or ownership of the NoGigiddy Marks in You, but rather inures to the benefit of NoGigiddy.
Violation of any provision of this License may result in immediate termination of the License, in NoGigiddy’s sole discretion.
Notice of Any Claimed Copyright Infringement (Digital Millennium Copyright Act Information)
In accordance with the Digital Millennium Copyright Act (DMCA) and other applicable law, it is the policy of NoGigiddy, in appropriate circumstances, to terminate the registration account of a user who is deemed to infringe third-party intellectual property rights and/or to remove user content that is deemed to be infringing. If You believe that Your work has been copied in a way that constitutes copyright infringement and is displayed on the Service, please contact us at copyright@NoGigiddy.com or NoGigiddy, Attn: Copyright Agent, 3900 Crown Rd SW #16709, SMB#27993, Atlanta, Georgia 30304:
An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
A description of Your copyrighted work or other intellectual property that You claim has been infringed;
A description of where the material You claim is infringing is located on the Services (providing us with website URL is the quickest way to help us locate content quickly);
Your address, telephone number, and email address;
A statement by You that You have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
A statement by You, made under penalty of perjury, that the above information in Your notice is accurate and that You are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.
Please note that the above contact information is for intellectual property infringement notices only. DO NOT CONTACT OUR COPYRIGHT AGENT FOR OTHER INQUIRIES OR QUESTIONS. For other inquiries or questions, please contact us via our Help Center. Please also note that, pursuant to Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.
Mutual Arbitration and Dispute Resolution
Arbitration of Disputes. The Parties mutually agree to resolve any and all disputes between them or between You and NoGigiddy or any of NoGigiddy’s parents, subsidiaries, affiliates, successors, assigns, officers, directors, employees, and/or agents exclusively through final, binding, and individual arbitration instead of filing a lawsuit in court (except as otherwise provided below). However, this Mutual Arbitration Provision does not cover disputes that, as a matter of law, may not be subject to arbitration agreements.
Arbitration Governed by the FAA. NoGigiddy and You expressly agree that this Mutual Arbitration and Dispute Resolution provision is governed by the Federal Arbitration Act (9 U.S.C. §§ 1-16) (“FAA”), evidences a transaction involving commerce, and is not a contract of employment involving any class of workers engaged in foreign or interstate commerce within the meaning of Section 1 of the FAA. NoGigiddy and You expressly agree that the FAA shall exclusively govern the interpretation and enforcement of this Mutual Arbitration Provision, and that the FAA shall apply to any and all disputes between the Parties, including but not limited to those arising out of or relating to this Agreement, Your classification status as a worker or service provider (e.g., an alleged employment relationship), Your provision of Services under this Agreement, the remuneration paid or received by You under this Agreement, the termination of this Agreement, the suspension or deactivation of Your NoGigiddy Account, and all other aspects of Your relationship with NoGigiddy, past or present, whether arising under federal, state, or local law, including without limitation harassment, discrimination, and/or retaliation claims and claims arising under or related to the Civil Rights Act of 1964 (or its state or local equivalents), Americans with Disabilities Act (or its state or local equivalents), Age Discrimination in Employment Act (or its state or local equivalents), Family Medical Leave Act (or its state or local equivalents), Fair Labor Standards Act (or its state or local equivalents), state and local wage and hour laws, state and local statutes, ordinances, or regulations addressing the same or similar subject matters, and all other federal, state, and/or local claims arising out of or relating to Your relationship or termination of that relationship with NoGigiddy. The Parties expressly agree that this Agreement shall be governed by the FAA even in the event You and/or NoGigiddy are otherwise exempted from the FAA. Any disputes in this regard shall be resolved exclusively by an arbitrator. In the event, but only in the event, the arbitrator determines the FAA does not apply, the state law governing arbitration agreements in the state in which You perform Services shall apply.
Delegation. Only an arbitrator, and not any federal, state, or local court or agency, shall have the exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, or formation of this Mutual Arbitration Provision, including without limitation any dispute concerning arbitrability. However, the preceding clause shall not apply to any dispute relating to or arising out of the Class Action Waiver and/or Representative PAGA Action Waiver—including, but not limited to, any claim that all or part of the Class Action Waiver and/or Representative PAGA Action Waiver is unenforceable, unconscionable, illegal, void, or voidable—which must proceed in a court of competent jurisdiction and cannot be heard or arbitrated by an arbitrator. The Parties agree that any and all due dates for arbitration fees shall be tolled while the Parties resolve a dispute relating to or arising out of the Class Action Waiver or Representative PAGA Action Waiver.
Informal Dispute Resolution. Before commencing individual arbitration, the Parties must engage in a good-faith effort to resolve any claim covered by this Mutual Arbitration Provision through an informal telephonic dispute resolution conference between You and NoGigiddy. The informal telephonic dispute resolution conference shall be individualized such that a separate conference must be held each time either Party intends to commence individual arbitration. The Party initiating the claim must give notice to the other Party in writing of its, his, or her intent to initiate an informal telephonic dispute resolution conference, which shall occur between thirty (30) and sixty (60) days of the other Party receiving such notice, unless an extension is mutually agreed upon by the Parties. In the interval between the Party receiving such notice and the informal telephonic dispute resolution conference (“Negotiation Period”), nothing in either this Mutual Arbitration Provision specifically or this Agreement generally shall prohibit the Parties from engaging in informal communications to resolve the initiating Party’s claims. Engaging in an informal telephonic dispute resolution conference is a condition precedent that must be fulfilled before commencing individual arbitration. The statute of limitations and any filing fee deadlines shall be tolled while the Parties engage in the informal dispute resolution process required by this paragraph.
Initiating Arbitration. Only after the Parties have engaged in a good-faith effort to resolve the dispute through an informal telephonic dispute resolution conference, and only if those efforts fail, either You or NoGigiddy may initiate arbitration by notifying the other Party in writing via certified mail, return receipt requested, or hand delivery within the applicable statute of limitations period. This demand for arbitration must include (1) the name, telephone number, mailing address, and email address of the Party seeking arbitration (if You are seeking arbitration, the email address provided must be the email address associated with Your NoGigiddy Account); (2) a statement of the legal claims being asserted and the factual bases of those claims; and (3) a description of the remedy sought and an accurate, good-faith calculation of the amount in controversy, enumerated in United States Dollars (any request for injunctive relief or attorneys’ fees shall not count toward the calculation of the amount in controversy unless such injunctive relief seeks the payment of money); (4) the original personal signature of the Party seeking arbitration; and (5) the Party’s portion of any applicable filing fee. Any demand for arbitration by You must be delivered to NoGigiddy, Attn: Legal Department, 3900 Crown Rd SW #16709, SMB#27993, Atlanta, Georgia 30304.
CLASS ACTION WAIVER. NoGigiddy and You mutually agree that any and all disputes or claims between the Parties will be resolved in individual arbitration. The Parties further agree that by entering into this Agreement, they waive the right to have any dispute or claim brought, heard, administered, resolved, or arbitrated as a class, collective, representative, or mass action, and an arbitrator shall not have any authority to hear or arbitrate any class, collective, representative, and/or mass action, or to award relief to anyone but the individual in arbitration (“Class Action Waiver”). Notwithstanding the foregoing, this subsection shall not apply to representative private attorneys general act claims brought against NoGigiddy, which are addressed separately below. This Class Action Waiver does not prevent You or NoGigiddy from participating in a classwide settlement that would resolve or release the relevant claims.
REPRESENTATIVE PAGA ACTION WAIVER. Notwithstanding any other provision of this Agreement or the Mutual Arbitration Provision, to the fullest extent permitted by law: (1) You and NoGigiddy agree not to bring a representative action on behalf of others under the Private Attorneys General Act of 2004 (“PAGA”), California Labor Code § 2698 et seq., in any court or in arbitration, and (2) for any claim brought on a private attorney general basis, including under the California PAGA, both You and NoGigiddy agree that any such dispute shall be resolved in arbitration on an individual basis only (i.e., to resolve whether You have personally been aggrieved or subject to any violations of law), and that such an action may not be used to resolve the claims or rights of other individuals in a single or collective proceeding (i.e., to resolve whether other individuals have been aggrieved or subject to any violations of law) (collectively, “Representative PAGA Action Waiver”). This Representative PAGA Action Waiver does not prevent You or NoGigiddy from participating in a classwide settlement that would resolve or release the relevant claims. Notwithstanding any other provision of this Agreement, the Mutual Arbitration Provision, or the JAMS Rules, disputes regarding the scope, applicability, enforceability, revocability or validity of this representative PAGA Waiver may be resolved only by a civil court of competent jurisdiction and not by an arbitrator. If any provision of this representative PAGA Waiver is found to be unenforceable or unlawful for any reason: (i) the unenforceable provision shall be severed from this Mutual Arbitration Provision; (ii) severance of the unenforceable provision shall have no impact whatsoever on the Mutual Arbitration Provision or the requirement that any remaining claims be arbitrated on an individual basis pursuant to the Mutual Arbitration Provision; and (iii) any such representative PAGA or other representative private attorneys general act claims must be litigated in a civil court of competent jurisdiction and not in arbitration. To the extent that there are any claims to be litigated in a civil court of competent jurisdiction because a civil court of competent jurisdiction determines that the representative PAGA Waiver is unenforceable with respect to those claims, the Parties agree that litigation of those Claims shall be stayed pending the outcome of any individual claims in arbitration.
Arbitration Proceedings. Any arbitration shall be governed by the JAMS Comprehensive Arbitration Rules and Procedures (and in accordance with the Expedited Procedures in those Rules where agreed upon by both parties) (“JAMS Rules”), except as follows: (1) Unless applicable law provides otherwise, as determined by the arbitrator, NoGigiddy and You shall equally share filing fees and other similar and usual administrative costs, that are commonly shared in both court and administrative proceedings, such as court reporter costs and transcript fees. NoGigiddy shall pay any costs that are uniquely associated with arbitration, such as payment of the arbitrator and room rental; (2) If a Party timely serves an offer of judgment under Federal Rule of Civil Procedure 68, or any other state-law equivalent, and the judgment that the other Party finally obtains is not more favorable than the unaccepted offer, then the other Party shall pay the costs, including filing fees, incurred after the offer was made; (3) Both Parties agree not to oppose or interfere with any negotiations or agreements between the other Party and the arbitration administrator, or individual arbitrator, relating to a Party’s portion of the fees. The arbitrator, however, may disallow any private agreement between an administrator, on the one hand, and the negotiating party, on the other hand, if the arbitrator believes that the private agreement undermines his or her neutrality as arbitrator; (4) The arbitrator may issue orders (including subpoenas to third-parties) allowing the Parties to conduct discovery sufficient to allow each Party to prepare that Party’s claims and/or defenses, taking into consideration that arbitration is designed to be a speedy and efficient method for resolving disputes; (5) Except as provided in the Class Action Waiver and Representative Action Waiver, the arbitrator may award all remedies to which a Party is entitled under applicable law and which would otherwise be available in a court of law, including but not limited to the imposition of sanctions under the Federal Rules of Civil Procedure, but shall not be empowered to award any remedies that would not have been available in a court of law for the claims presented in arbitration. The arbitrator shall apply the state or federal substantive law, or both, as is applicable; (6) The arbitrator may hear motions to dismiss and/or motions for summary judgment. An arbitrator may not permit the filing of a motion for summary judgment until after the Parties have conducted discovery to support their claims and defenses. Any motion to dismiss and/or motion for summary judgment shall otherwise be governed by the standards of the Federal Rules of Civil Procedure governing such motions; (7) The arbitrator’s decision or award shall be in writing with findings of fact and conclusions of law; (8) Any finding that a claim or counterclaim was filed for purposes of harassment or is frivolous shall entitle the other Party to recover its, his, or her attorneys’ fees, costs, and expenses; (9) Either NoGigiddy or You may apply to a court of competent jurisdiction for temporary or preliminary injunctive relief on the ground that without such relief the arbitration provided in this Section 11 may be rendered ineffectual; and (10) The arbitrator may consider, but under no circumstances is the arbitrator bound by, decisions reached in separate arbitrations. If at any time the arbitrator or arbitration administrator fails to enforce the terms of this Mutual Arbitration Provision, either Party may seek to enjoin the arbitration proceeding in a court of competent jurisdiction, and the arbitration shall automatically be stayed pending the outcome of that proceeding. For the avoidance of doubt, all statutes of limitations that would otherwise be applicable in a court of law will apply to any arbitration under this Agreement.
Agency Investigations. Regardless of any other terms of this Agreement, nothing prevents You from making a report to or filing a claim or charge with the Equal Employment Opportunity Commission, U.S Department of Labor, Securities Exchange Commission, National Labor Relations Board, or Office of Federal Contract Compliance Programs, and nothing in this Agreement or Mutual Arbitration Provision prevents the investigation by a government agency of any report, claim, or charge otherwise covered by this Mutual Arbitration Provision. This Mutual Arbitration Provision also does not prevent federal administrative agencies from adjudicating claims and awarding remedies based on the claims addressed in this Section 11, even if the claims would otherwise be covered by this Mutual Arbitration Provision. Nothing in this Mutual Arbitration Provision prevents or excuses a Party from satisfying any conditions precedent and/or exhausting administrative remedies under applicable law or as required under this Agreement before bringing a claim in arbitration. NoGigiddy will not retaliate against You for filing a claim with an administrative agency or for exercising rights (individually or in concert with others) under Section 7 of the National Labor Relations Act.
No Change To Professional Status. You agree and acknowledge that entering into this Mutual Arbitration Provision does not change Your status as an independent contractor in fact and/or in law.
Impact on Pending Litigation. If there is a pending claim or litigation between NoGigiddy and You at the time You entered into this Agreement, then this Mutual Arbitration Provision shall not apply to such pending claim or litigation, and does not supersede any applicable arbitration agreement You previously accepted that governs the pending claim or litigation.
Right To Consult With An Attorney: You have the right to consult with private counsel of Your choice, at Your own expense, with respect to any aspect of, or any claim that may be subject to this Mutual Arbitration Provision.
Severability. In the event any section, subsection, or portion of this Mutual Arbitration Provision is deemed unenforceable, it shall be severed from the Agreement such that the remainder of this Mutual Arbitration Provision shall be enforceable to the fullest extent permitted by law. In any case in which (1) the dispute is filed as a class, collective, mass, or representative action, and (2) there is a final judicial determination that all or part of the Class Action Waiver and/or Representative Action Waiver is invalid or unenforceable, the class, collective, mass, or representative action to that extent must be severed and litigated in a civil court of competent jurisdiction, but the portion of the Class Action Waiver and Representative Action Waiver that is valid and enforceable shall be enforced in arbitration.
Modification of Terms
NoGigiddy reserves the right, in its sole discretion, to modify these Terms, and any other documents incorporated by reference herein, at any time and without prior notice, and such changes will be effective immediately upon posting, except as set forth herein. In the case of a material change to the Terms, including a material change to the Mutual Arbitration Provision, NoGigiddy will notify You of changes, such as by presenting a new version of this Agreement on the Platform or updating the effective date at the top of this Agreement. Such modifications will become effective thirty (30) days after the earliest of: (a) the modification being posted in the Services; or (b) NoGigiddy’s transmission of a message to and/or otherwise notifying You about the modifications (collectively, the “Notice Period”). Your continued use of the Service after the Notice Period shall constitute Your consent to the changes. If You do not agree, You cannot use the Services.
Confidentiality
You acknowledge and agree that when using the Service, You may have direct or indirect access or exposure to NoGigiddy’s confidential information as well as confidential information of other users, including Gigstars and Partners ("Confidential Information"). Confidential Information includes NoGigiddy’s or its users’ (e.g. Gigstars’ and Partners’) data, information, identities, qualifications, general characteristics, marketing and business plans, business, financial, technical, operational and such other nonpublic information (whether disclosed in writing or verbally) that NoGigiddy designates as being proprietary or confidential or that You should reasonably know to treat as confidential.
Without limiting any other or additional obligations of confidentiality, You acknowledge and agree that: (1) all NoGigiddy’s Confidential Information shall remain the exclusive property of the NoGigiddy; (2) You shall not use Confidential Information for any purpose except in furtherance of Your use of the Service; (3) You shall not disclose Confidential Information to any third party; and (d) You shall not store or keep Confidential Information and shall return or destroy (with confirmation of destruction) all Confidential Information upon the termination of Your use of the Service or at the request of NoGigiddy. Notwithstanding the foregoing, Confidential Information shall not include any information to the extent it: (1) is or becomes part of the public domain through no action or omission by You; (2) was possessed by You prior to Your use of the Service without an obligation of confidentiality; or (3) is disclosed to You by a third party having no obligation of confidentiality with respect thereto.
General
Governing Law. These Terms are governed by the laws of the State of California without regard to conflict of law principles, with the exception of the mutual agreement to arbitrate disputes, which shall be governed by the Federal Arbitration Act. Subject to the arbitration terms and conditions set forth herein, You agree that THE SOLE AND EXCLUSIVE FORUM AND REMEDY FOR ANY AND ALL DISPUTES AND CLAIMS RELATING IN ANY WAY TO OR ARISING OUT OF THIS AGREEMENT AND/OR THE SERVICES (INCLUDING YOUR USE OF AND ACCESS TO NoGigiddy’S MOBILE APPLICATIONS AND WEBSITES) SHALL BE FINAL AND BINDING ARBITRATION, except that to the extent that either party has in any manner infringed upon or violated or threatened to infringe upon or violate the other party’s intellectual property rights, or You have otherwise violated any of Your use and access restrictions above, in which case the parties acknowledge and agree that arbitration is not an adequate remedy at law and that injunctive or other appropriate relief may be sought. No joint venture, partnership, employment, or agency relationship exists between You, NoGigiddy or any third-party provider as a result of the Terms or use of the Service.
Waiver and Severability. Except as explicitly described in the Dispute Resolution and Arbitration section, if any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced to the fullest extent under law. The failure of NoGigiddy to enforce any right or provision in these Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by NoGigiddy in writing.
Entire Agreement. These Terms comprise the entire agreement between You and NoGigiddy and supersedes all prior or contemporaneous negotiations, discussions or agreements, whether written or oral, between the parties regarding the subject matter contained in these Terms.
Notice for California Users
Under California Civil Code Section 1789.3, users of the Services from California 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 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210. You may contact us at NoGigiddy, Attn: Legal Department, 3900 Crown Rd SW #16709, SMB#27993, Atlanta, Georgia 30304, or, if You are a Partner, by emailing us at partners@NoGigiddy.com, or if You are a Professional, by using in-app chat support.
Notice
NoGigiddy may give notice by any means of communication reasonably anticipated to notify You of the information provided. You agree that all notices, disclosures, and other communications that we provide to You electronically satisfy any legal requirement that such communications be in writing or be delivered in a particular manner. You agree that You have the ability to store such electronic communications such that they remain accessible to You in an unchanged form. By way of example only, such communication may be a general notice on the Service or via email to the email address listed on Your NoGigiddy account. It is Your obligation to update Your account information so that we may contact You as may be necessary. Such notice shall be deemed to have been given upon the expiration of forty-eight (48) hours after mailing or posting (if sent via first class mail or pre-paid post) or upon dispatching (if sent via electronic communication). You may give notice to NoGigiddy, addressed to the attention of Legal, and such notice shall be deemed given when received by NoGigiddy by letter delivered by a nationally recognized overnight delivery service or first class postage prepaid mail to NoGigiddy, Attn: Legal Department, 3900 Crown Rd SW #16709, SMB#27993, Atlanta, Georgia 30304.
Voluntary Nature of Agreement
You acknowledge and agree that You are executing this Agreement voluntarily and without any duress or undue influence by NoGigiddy or anyone else. You further acknowledge and agree that You have carefully read this Agreement and that You have asked any questions needed for You to understand the terms, consequences, and binding effect of this Agreement and fully understand it, including that You are waiving Your right to a jury trial. Finally, You agree that You have been provided an opportunity to seek the advice of any attorney of Your choice before signing this Agreement.
Assignment
You may not assign or transfer these Terms or Your rights under these Terms, in whole or in part, by operation of law or otherwise, without our prior written consent. We may assign these Terms in whole or in part at any time to any entity without Your notice or consent. Any purported assignment by You in violation of this section shall be void.
Term and Termination
These Terms are effective until terminated by You or NoGigiddy as described below. Your rights under these Terms will terminate automatically without notice from NoGigiddy if You fail to comply with any of these Terms (including by violating any license restriction contained in these Terms). In addition, NoGigiddy may in its sole discretion terminate Your user account on the Service or suspend or terminate Your access to the Service at any time without notice. We also reserve the right to modify or discontinue the Service at any time (including by limiting or discontinuing certain features of the Service) without notice to You. We will have no liability whatsoever on account of any change to the Service or any suspension or termination of Your access to or use of the Service. You may terminate these Terms at any time by closing Your account, uninstalling the App, and ceasing use of the Service. The sections intended to survive termination, including Sections 4-20, and 21 survive termination of Your account or these Terms.
Additional Terms for Users of our Mobile Applications
NoGigiddy offers software applications that may be made available through the Apple App Store, Android Marketplace or other distribution channels (“Distribution Channels”). If You obtain such Software through a Distribution Channel, You may be subject to additional terms of the Distribution Channel. These Terms are between You and us only, and not with the Distribution Channel. To the extent that You utilize any other third-party products and services in connection with Your use of our Services, You agree to comply with all applicable terms of any agreement for such third party products and services. With respect to Software that is made available for Your use in connection with an Apple-branded product (such Software, “Apple-Enabled Software”), in addition to the other terms and conditions set forth in these Terms, the following terms and conditions apply:
NoGigiddy and You acknowledge that these Terms are concluded between NoGigiddy and You only, and not with Apple Inc. (“Apple”), and that as between NoGigiddy and Apple, NoGigiddy, not Apple, is solely responsible for the Apple-Enabled Software and the content thereof.
You may not use the Apple-Enabled Software in any manner that is in violation of or inconsistent with the Usage Rules set forth for Apple-Enabled Software in, or otherwise be in conflict with, the App Store Terms of Service.
Your license to use the Apple-Enabled Software is limited to a non-transferable license to use the Apple-Enabled Software on an iOS Product that You own or control, as permitted by the Usage Rules set forth in the App Store Terms of Service.
Apple has no obligation whatsoever to provide any maintenance or support services with respect to the Apple-Enabled Software.
Apple is not responsible for any product warranties, whether express or implied by law. In the event of any failure of the Apple-Enabled Software to conform to any applicable warranty, You may notify Apple, and Apple will refund the purchase price for the Apple-Enabled Software to You, if any; and, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Apple-Enabled Software, or any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty, which will be NoGigiddy’s sole responsibility, to the extent it cannot be disclaimed under applicable law.
NoGigiddy and You acknowledge that NoGigiddy, not Apple, is responsible for addressing any claims of You or any third party relating to the Apple-Enabled Software or Your possession and/or use of that Apple-Enabled Software, including, but not limited to: (i) product liability claims; (ii) any claim that the Apple-Enabled Software fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
In the event of any third party claim that the Apple-Enabled Software or the end-user’s possession and use of that Apple-Enabled Software infringes that third party’s intellectual property rights, as between NoGigiddy and Apple, NoGigiddy, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.
You represent and warrant that (i) 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 (ii) You are not listed on any U.S. Government list of prohibited or restricted parties.
If You have any questions, complaints or claims with respect to the Apple-Enabled Software, they should be directed to NoGigiddy by mail at NoGigiddy, Attn: Legal Department, 3900 Crown Rd SW #16709, SMB#27993, Atlanta, Georgia 30304; or, if You are a Partner, by emailing us at partners@NoGigiddy.com; or if You are a Professional, by using in-app chat support.
NoGigiddy and You acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of these Terms with respect to the Apple-Enabled Software, and that, upon Your acceptance of the terms and conditions of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against You with respect to the Apple-Enabled Software as a third-party beneficiary thereof.