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Gigee Terms of Service

IMPORTANT: PLEASE READ THIS AGREEMENT CAREFULLY. THIS AGREEMENT CONTAINS A JURY WAIVER PROVISION THAT REQUIRES YOU TO GIVE UP YOUR RIGHT TO A JURY TRIAL. THIS AGREEMENT ALSO INCLUDES PROVISIONS CONTAINING YOUR CONSENT JOBILITY AND THIRD PARTY SERVICE PROVIDERS TO CONDUCT BACKGROUND CHECKS ON YOU, AND ALLOWING JOBILITY, THIRD PARTY SERVICE PROVIDERS, AND OTHER JOBILITY USERS TO VIEW THE INFORMATION CONTAINED IN YOUR BACKGROUND CHECK. THIS AGREEMENT ALSO CONTAINS A MANDATORY ARBITRATION AND CLASS ACTION WAIVER PROVISION THAT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE COVERED DISPUTES, RATHER THAN JUDGE OR JURY TRIALS. BY ENTERING INTO THIS AGREEMENT, YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND ALL OF THE TERMS OF THIS AGREEMENT AND HAVE TAKEN TIME TO CONSIDER THE CONSEQUENCES OF THIS IMPORTANT DECISION.

  1. JOBILITY RECRUITMENT PLATFORM. JOBILITY, Inc. (“JOBILITY”) provides Users with a fully automated recruitment process through JOBILITY’s Web Site and Mobile Applications (hereinafter, the “Platform”) by matching  and enabling the connection between persons seeking to obtain services (the “Hirer(s)”) and/or individuals seeking to provide services (“You” or the “Gigee(s)”). Hirers and Gigees may also be generally referred to as “Users.” Your use of the Platform and the JOBILITY Web Site and Mobile Application is the “Service” provided to You by JOBILITY. Those certain services or assignment(s) requested by the Hirer through the Platform, which are to be completed by a Gigee, are hereinafter referred to as  “Gig(s).” The provision and performance of all Gigs is solely up to the Gigee(s), scheduled to perform said Gigs by the Hirer through use of the Platform. 
    1. How JOBILITY Works. Hirers sign up for the Service through the Hirer Web Application Registration Page on the Platform. Gigees sign up for the Service through the Gigee Web Application Registration Page or through the Gigee Mobile Application Registration Page. Once signed up, Hirers are permitted to post Gigs including industry, Gig title, required skills/experience/certifications, location, and desired hourly rate. In order to be matched Gigees are required to submit to a Basic Background Check and upload the following information into the Platform: the industry and type of Gig they would like to work, their availability, the minimum hourly rate they desire, and the distance they are willing to travel for a Gig. JOBILITY will then pair vetted, qualified Gigees to Gigs that suit their location, availability, and experience. If the Gigee’s availability matches a Hirer’s Gig details, they will be matched in JOBILITY’s system and the Gigee will be given the option to apply for the Gig. The Hirer will then have the option to accept or decline the Gigee. If the Hirer accepts the Gigee, the Hirer will be required to remit payment for a JOBILITY Service Fee and a Gigee Fee to a third party payment service provider’s account directly in accordance with these Terms. The Gigee will be required to use the Platform to mark the Gig as “started” when the Gig commences and “completed” upon conclusion of the Gig. Upon completion of the Gig and the Hirer will then be required to “approve” that the Gig was completed, and allow JOBILITY to initiate payment to the Gigee and JOBILITY in accordance with these Terms.
    1. JOBILITY, THROUGH THE PLATFORM, OFFERS GIGEES INFORMATION AND A METHOD TO APPLY FOR AND OBTAIN SUCH GIGS. JOBILITY DOES NOT AND WILL NOT PROVIDE OR PERFORM SUCH GIGS ITSELF, AND EXPRESSLY DISCLAIMS ANY RESPONSIBILITY OR LIABILITY FOR INCLUDING, BUT NOT LIMITED TO, THE RENDERING, OR PERFORMANCE OF ANY GIG BY A GIGEE PROVIDED TO THE HIRER UNDER ANY CIRCUMSTANCES, ANY WARRANTY OR CONDITION OF GOOD AND WORKMANLIKE SERVICES, ANY WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE OR COMPLIANCE WITH ANY LAW, REGULATION, OR CODE. JOBILITY EXPRESSLY DISCLAIMS ANY RESPONSIBILITY OR LIABILITY FOR INCLUDING, BUT NOT LIMITED TO, ANY REPRESENTATIONS OR WARRANTIES MADE BY USERS TO OTHER USERS, POSTING OF ANY GIGS, THE SELECTION/HIRING OF A PARTICULAR GIGEE FOR A PARTICULAR GIG, AND CANCELLATION OF ANY GIGS BY ANY USER.
  2. ACKNOWLEDGMENT AND ACCEPTANCE GIGEE TERMS OF USE AND INDEPENDENT CONTRACTOR SERVICES AGREEMENT.
    1. Legal Agreement. These JOBILITY GIGEE TERMS OF USE (the “Terms of Use,” “Terms,” or “Agreement”)) constitute a legal agreement between JOBILITY and the Gigee regarding the Gigee’s access to or use of the JOBILITY Platform through the JOBILITY Web Site and/or  Mobile Application.
    1. Digital Signature. By registering for an account on the JOBILITY Web Site or Platform (an “Account”), or by clicking to accept the Terms when prompted on the JOBILITY Web Site or Mobile Application, You are deemed to have read, understood, acknowledged, and agreed to, these Terms electronically, effective on the date You register your Account or click to accept these Terms, pursuant to the New Jersey Uniform Electronic Transactions Act, N.J.S.A. 12A:12-1, et seq. (“UETA”). Your Account registration constitutes an acknowledgement that You are able to electronically receive, download, and print these Terms, and any amendments.
    1. PLEASE READ THESE TERMS CAREFULLY BEFORE ACCESSING OR USING THE PLATFORM. THIS AGREEMENT IS AN ELECTRONIC CONTRACT THAT SETS OUT THE LEGALLY BINDING TERMS OF THE RELATIONSHIP BETWEEN YOU AND JOBILITY.  BY REGISTERING WITH JOBILITY, YOU UNDERSTAND, ACKNOWLEDGE, ACCEPT, AND AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT.  BY ACCESSING THE JOBILITY PLATFORM, YOU ACCEPT THIS AGREEMENT AND AGREE TO THE TERMS, CONDITIONS, AND NOTICES CONTAINED AND/OR REFERENCED HEREIN. IN THIS AGREEMENT, THE WORDS “INCLUDING” AND “INCLUDE” MEAN “INCLUDING, BUT NOT LIMITED TO.”
    1. JURY TRIAL WAIVER. BY ENTERING INTO THIS AGREEMENT, YOU WAIVE, PURSUANT TO SECTION 23 AND TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY RIGHT YOU MAY HAVE TO A TRIAL BY JURY IN ANY LEGAL ACTION, PROCEEDING, CAUSE OF ACTION, OR COUNTERCLAIM ARISING OUT OF OR RELATING TO THESE TERMS. YOU CERTIFY AND ACKNOWLEDGE THAT BY ACCESSING AND USING THE JOBILITY WEB SITE, PLATFORM, OR MOBILE APPLICATION THAT YOU MAKE THIS WAIVER KNOWINGLY AND VOLUNTARILY. IF YOU DO NOT ACCEPT THESE TERMS IN THEIR ENTIRETY, YOU SHOULD NOT ACCESS OR USE THE JOBILITY WEB SITE, PLATFORM, OR MOBILE APPLICATION.
  3. CHANGES TO TERMS- JOBILITY may revise and update these Terms from time to time in its sole and absolute discretion. You are responsible for regularly reviewing the Terms of Use for modifications and updates to its terms. Your continued use of the JOBILITY Web Site, Platform, or Mobile Application following posting of any revised Terms shall constitute your consent, acceptance, and agreement to the changes. However, any changes to the dispute resolution provisions set forth in Section 23 will not apply to any Disputes for which the parties have actual notice on or prior to the date the change is posted on the JOBILITY Web Site or any other location on the Platform.
  4.  BACKGROUND CHECKS AND DRUG SCREENING
    1. Hirer Requests for Background Checks
      1. JOBILITY offers to Hirers basic background check services from third-party consumer reporting agencies (“Background Checks”). JOBILITY, through the Platform, facilitates a basic background check of all Gigees (the “Basic Background Check”). All Background Checks are subject to the consent of the Gigee on whom the check is being performed.
      1. GIGEE CONSENT TO BASIC BACKGROUND CHECK- BY AGREEING TO THESE TERMS AND USING THE JOBILITY WEB SITE, MOBILE APPLICATION, OR PLATFORM, YOU EXPRESSLY AGREE TO ALLOW JOBILITY AND A THIRD PARTY PROVIDER OF JOBILITY’S CHOICE TO CONDUCT A BASIC BACKGROUND CHECK AND ALLOW HIRERS TO VIEW THE RESULTS OF THE BASIC BACKGROUND CHECK.  A BASIC BACKGROUND CHECK INCLUDES A SOCIAL SECURITY NUMBER TRACE, SEX OFFENDER SEARCH, AND GLOBAL WATCH LIST SEARCH. BASIC BACKGROUND CHECKS OF GIGEES IS CURRENTLY CONDUCTED BY A THIRD PARTY CONSUMER REPORTING AGENCY, CHECKR (THE “THIRD PARTY SERVICES”).
      1. Supplemental Background Checks. Hirers may request for supplemental background checks (the “Supplemental Background Check(s)”) to be conducted on Gigees in order for a Gigee to be considered for a Gig. Supplemental Background Checks may include, without limitation, Drug Testing, County Criminal Search, Employment Verification, Judgment Search, License Verification, and other screenings listed at https://checkr.com/product/screenings/. In the event a Hirer requests a Supplemental Background Check of a Gigee, a Gigee may be required to give additional consent to such Supplemental Background Check in order to be considered for a Gig. 
      1. BACKGROUND CHECK DISCLAIMER- JOBILITY DOES NOT PERFORM BASIC BACKGROUND CHECKS OR THE SUPPLEMENTAL BACKGROUND CHECKS (COLLECTIVELY, THE “BACKGROUND CHECK(S)”) AND DOES NOT GUARANTY THE ACCURACY OF INFORMATION CONTAINED IN THE BACKGROUND CHECKS. JOBILITY DICLAIMS ANY LIABILITY ARISING FROM HIRER’S USE OF OR RELIANCE ON THE BACKGROUND CHECK. BY USING THE PLATFORM, YOU AGREE TO HOLD JOBILITY HARMLESS FROM ANY LIABILITIES OR LOSSES THAT MIGHT ARISE OUT OF THE THIRD-PARTY SERVICES, A GIG, OR HIRER’S USE OR RELIANCE ON A BACKGROUND CHECK. JOBILITY IS NOT RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER (INCLUDING, ANY THIRD-PARTY, GIGEES, OR HIRERS), AND WILL NOT BE LIABLE FOR ANY CLAIM, INJURY, OR DAMAGE ARISING IN CONNECTION WITH ANY THIRD-PARTY SERVICES OR GIGS.
      1. Each of these Background Checks is regulated by the Fair Credit Reporting Act (“FCRA”), and the background reports resulting from these services are considered “consumer reports” under the FCRA. Consumer reports may contain information on your character, general reputation, personal characteristics, and mode of living, including but not limited to consumer credit, criminal history, workers’ compensation, driving, employment, military, civil, and educational data and reports.
      1. If You authorize a Background Check as part of submitting an application for a Gig or in response to a request by a Hirer who is considering engaging You for Gig, JOBILITY will provide both You and the Hirer who ordered the report the ability to retrieve the report from the consumer reporting agency that performed the check. If a Hirer orders an “investigative consumer report,” as defined by the FCRA, and You provide authorization for the report, the consumer reporting agency that performed the check will provide it directly to You and to the Hirer who ordered it based on your written authorization.
    1. JOBILITY Review of and Requests for Background Checks
      1. By registering for an Account with JOBILITY and using the Platform, You expressly authorize JOBILITY to review and use any Background Checks a Hirer has ordered and You have authorized about yourself for the purpose of protecting the safety and integrity of the JOBILITY Web Site, Platform, Mobile Application and their Users. JOBILITY reserves the right to terminate your Account based on the information contained in such report, even if such information was subsequently dismissed.
      1. BY REGISTERING FOR AN ACCOUNT AND USING THE PLATFORM, YOU HEREBY ACKNOWLEDGE AND AGREE THAT JOBILITY HAS THE RIGHT, BUT NOT THE OBLIGATION, TO USE A THIRD-PARTY CONSUMER REPORTING AGENCY ON AN ONGOING BASIS TO USE YOUR PERSONAL INFORMATION TO RUN PERIODIC BACKGROUND SCREENINGS ON YOU FOR THE PURPOSE OF PROTECTING THE SAFETY AND INTEGRITY OF THE JOBILITY WEB SITE, PLATFORM, MOBILE APPLICATION AND THEIR USERS (AN “INTERNAL BACKGROUND CHECK”). SUBJECT TO CERTAIN ADDITIONAL DISCLOSURES AND AUTHORIZATIONS, JOBILITY MAY ORDER THESE SCREENINGS WHEN YOU CREATE AN ACCOUNT AND THEREAFTER IN CONNECTION WITH YOUR CONTINUED USE OF THE JOBILITY WEB SITE, PLATFORM, OR MOBILE APPLICATION (SUCH AS BY CONTACTING OR COMMUNICATING WITH OTHER USERS, EDITING OR UPDATING YOUR ACCOUNT INFORMATION, ORDERING OR AUTHORIZING A BACKGROUND CHECK, ETC.).
      1. JOBILITY’s review of Background Checks and requests for and use of Internal Background Checks are also regulated by FCRA, and the background reports resulting from these services are considered “consumer reports” under FCRA. BY AGREEING TO THESE TERMS AND USING THE JOBILITY WEB SITE OR PLATFORM, YOU EXPRESSLY AGREE TO ALLOW JOBILITY TO REQUEST THESE INTERNAL BACKGROUND CHECKS FOR THE PURPOSES DESCRIBED ABOVE. IF YOU DO NOT WANT THESE INTERNAL BACKGROUND CHECKS TO BE PERFORMED, YOU SHOULD NOT USE THE JOBILITY WEB SITE, PLATFORM, OR MOBILE APPLICATION.
      1. If JOBILITY terminates your Account or access to the JOBILITY Web Site, Platform, or Mobile Application on the basis of information in a Background Check or an Internal Background Check, JOBILITY will notify You and provide You the name and contact information of the consumer reporting agency that created the report. We will also provide You a copy of the report unless the consumer reporting agency has already provided You a copy or access to it. You hereby represent, understand and expressly agree that JOBILITY does not have control over or assume any responsibility for the quality, accuracy, or reliability of the information included in these Background Checks. Furthermore, any inaccuracies in the report must be addressed with the consumer reporting agency that issued it and not JOBILITY.
    1. Hirer Requests for and JOBILITY’s Review of Drug Screens
      1. JOBILITY offers to Hirers drug screen services (“Drug Screen”) from third-party service providers. Drug Screens may be requested by Hirers seeking Gigs. By offering Gigs on the JOBILITY Web Site, Platform, or Mobile Application, You consent to submit to a Drug Screen and further consent to the disclosure of the results to the Hirer who requested such Drug Screen. JOBILITY makes no representations or warranties regarding the accuracy of the Drug Screen or the reported results and accepts no Liability whatsoever for any Drug Screen or the reported results.
      1. By registering for an Account and using the Platform, You expressly authorize JOBILITY to review and use the results of any Drug Screen a Hirer has ordered and to which You have submitted for the purpose of protecting the safety and integrity of the JOBILITY Web Site, Platform, Mobile Application and their Users.
      1. You understand that You may refuse to submit to a Drug Screen, but that your refusal to submit to a Drug Screen may result in a Hirer denying your offer of Gigs. You also understand that your failure to successfully pass a Drug Screen may result in a Hirer denying your offer of Gigs.
      1. If You fail to successfully pass a Drug Screen, You may be temporarily prevented from offering Gigs to Hirers through the JOBILITY Web Site, Platform, or Mobile Application for a period of 14 days following the date JOBILITY first learns of the failed Drug Screen. JOBILITY reserves the right to terminate the Account of any Gigee who repeatedly fails to successfully pass a Drug Screen.
  5. GIGEE ACCOUNTS
    1. To use the JOBILITY Web Site, Platform, or Mobile Application You must register for an Account. To register for an Account, You must be, and hereby represent and warrant that You are, legally permitted to work within the United States and Puerto Rico. The Account requires standard fields to be completed and You should not, unless specifically prompted, include in these fields any telephone numbers, street addresses, email addresses or other means of contacting You or any other Person, other than your last name and any other information You are prompted to provide. JOBILITY reserves the right, in its sole discretion, to refuse, suspend, or revoke your access to the JOBILITY Web Site, Platform, or Mobile Application upon discovery that any information You provided on any Document or posted on the JOBILITY Web Site, Platform, or Mobile Application is not true, accurate, or complete, or such information or other conduct otherwise violates these Terms, or for any other reason or no reason in JOBILITY’s sole discretion.
    1. You agree not to share, resell, assign, transfer or sublicense your access to the JOBILITY Web Site, Platform, Mobile Application, or your Account to any third party. You agree and understand You are responsible for maintaining the confidentiality of your password which, together with your e-mail address (your “Login Credentials”), allows You to access your Account. You agree to immediately notify us at support@Jobility.com if You become aware of any actual or suspected unauthorized use of your Login Credentials or any other breach of security related to your Account. We are not liable for any loss or damage arising from your failure to comply with the foregoing. YOU ARE ENTIRELY RESPONSIBLE FOR ALL ACTIVITIES TAKING PLACE THROUGH YOUR ACCOUNT, whether or not You or any other Person undertakes such activities.
  6. REPRESENTATIONS AND WARRANTIES
    1. You represent and warrant that You:
      1. ARE NOT AN EMPLOYEE OF JOBILITY or HIRER AND WILL NOT HOLD YOURSELF OUT AS SUCH;
      1.  are of legal working age and are legally permitted to work in the United States and Puerto Rico;
      1. Will not use derogatory language while communicating with other Users, while on the Platform, or during the Performance of a Gig;
      1. Will not accept a permanent role, full time employment, or a position lasting more than six (6) months with Hirer that is outside the scope of the Gig without having first provided JOBILITY with notice of the offer and a description of the position.
      1.  will use the JOBILITY Web Site, Platform, and Mobile Application exclusively for the purpose of offering to perform Gigs to Hirers;
      1.  are now and will be in compliance with all applicable Laws, including any laws related to employment and taxes, in connection with any use of the JOBILITY Web Site, Platform, Mobile Application, or the offering or performance of any Gigs;
      1. will ensure that all content of any Document You post to any part of the Platform is accurate and complete in all respects;
      1.  have read, understood, and agreed to act in accordance with these Terms;
      1. Will comply with these Terms; and
      1. Will read, understand, and agree to act in accordance with any code of conduct or rules provided to You by a Hirer in connection with a Gig, but only to the extent that the same do not violate any applicable laws.
    1. You will not post any Document to the JOBILITY Web Site, Platform, or Mobile Application that contains:
      1. URLs or links to web sites;
      1. copyrighted material (unless You own the copyright or have the owner’s permission to post the copyrighted material, subject to Section 16 herein);
      1. trade secrets (unless You own them or have the owner’s permission to post them);
      1. material that infringes on or misappropriates any other intellectual property rights, or violates the privacy or publicity rights of others;
      1. irrelevant keywords or white text keywords (including any words embedded in the Document and hidden from the User);
      1. anything that is discriminatory, sexually explicit, obscene, libelous, defamatory, threatening, harassing, abusive, or hateful;
      1. material that violates any applicable law; or
      1. anything that is embarrassing or offensive to another person or entity.
    1. You will not use a Document to:
      1. impersonate another person, living or dead;
      1. post false, inaccurate or misleading information, opinions or notices (commercial or otherwise) or chain letters; or
      1. post advertisements or solicitations of business.
  7. EMPLOYMENT CLASSIFICATION-
    1. JOBILITY provides a platform through which Hirers and Gigees can buy and sell Services online. Under this Agreement (and JOBILITY’s Terms of Service Agreement with Hirers), JOBILITY provides services to both Hirers and Gigees, including the provision of a technology platform, aimed at facilitating the formation of contracts between Hirers and Gigees and informally managing disputes related to those contracts. Through the Platform, Hirers can post Service Requests (“Gig Posts”) and invite Gigees to accept. If a Hirer and Gigee agree on terms, including how a Gigee will be classified, a Contract is formed directly between such Hirer and Gigee.
    1. JOBILITY and Hirer are not employers of Gigees. Gigee  agrees to perform Gigs  for Hirers through the use of the JOBILITY Web Site, Platform, or Mobile Application. The Platform may provide the Hirer with Gigee(s) to consider for Gigs based on the information the Hirer provides JOBILITY regarding the Hirer’s needs and preferences. However, if a Gigee agrees to be engaged by a Hirer for a Gig(s), such agreement is solely between the Gigee and each such Hirer.  Notwithstanding the foregoing, all agreements entered into between a Gigee and Hirer shall be on an independent contractor basis and shall be for temporary, fixed duration, non-permanent assignments.
    1. The Parties expressly agree that no joint venture, partnership, employment, or agency agreement exists between them as a result of this Agreement or any use of the Application.
    1. Gigee classification. Hirer assumes all liability for proper classification of Gigees as independent contractors or employees based on applicable legal guidelines. This Agreement does not create a partnership or agency relationship between Jobility, Hirer, and Gigee. Gigee does not have authority to enter into written or oral — whether implied or express — contracts on behalf of JOBILITY or Hirer. Gigee acknowledges that JOBILITY does not, in any way, supervise, direct, or control Gigee’s work or Gigs performed in any manner. JOBILITY does not set Gigee’s work hours and location of work, nor is JOBILITY involved in determining the type or manner compensation to be paid for any Gig. JOBILITY will not provide Gigee with training or any equipment, labor, or materials needed for a particular Gig Request. JOBILITY will not deduct any amount for withholding, unemployment, Social Security, or other taxes as it would in the case of an employee except amounts for Insurance as expressly herein. Hirer and Gigee will be solely responsible for all tax returns and payments required to be filed with or made to any federal, state, or local tax authority, in any nation, with respect to Gigee’s performance of Service Requests. For Contracts classified as independent contractor relationships, Hirer may not require an exclusive relationship between Hirer and Gigee. A Gigee classified as independent contractor is free at all times to perform Requests, be employed by or otherwise engage with persons or businesses other than Hirer, including any competitor of Hirer.  or Hirer was an employer or joint employer of Gigee, as well as claims under any employment-related laws, such as those relating to employment termination, employment discrimination, harassment or retaliation, as well as any claims for overtime pay, sick leave, holiday or vacation pay, retirement benefits, worker’s compensation benefits, unemployment benefits, or any other employee benefits.
    1. GIGEE AGREES TO HOLD JOBILITY HARMLESS FROM ANY HIRER’S FAILURE TO COMPLY WITH ALL APPLICABLE WAGE AND HOUR LAWS, INCLUDING OBLIGATIONS UNDER FLSA, OR OTHER FEDERAL, STATE, AND LOCAL WAGE AND HOUR LAWS.
  • RELATIONSHIP- The Terms do not create a partnership or agency relationship between JOBILITY and any User. Users do not have authority to enter into written or oral (whether implied or express) contracts on behalf of JOBILITY.
  • LINKS TO OTHER SITES- The JOBILITY Web Site, Platform, and Mobile Application may link to or may be accessed in connection with external sites. These links or the ability to access other external sites from the JOBILITY Web Site, Platform, and Mobile Application are provided for your convenience only and do not constitute an endorsement by JOBILITY of such sites or their content, products, or other materials. You access such external sites at your own risk. It is your responsibility to evaluate the content and usefulness of the information obtained from external sites. JOBILITY has no control over the content of any external sites and accepts no responsibility for them or for any loss or damage that may arise from your use of them. If You decide to access any external sites linked to or otherwise accessible from the JOBILITY Web Site, Platform, or Mobile Application, You do so entirely at your own risk and subject to the terms and conditions of use and privacy policies for such external sites. You agree to hold JOBILITY harmless from any Loss or Liability that may result from the use of any links or access to external sites that may appear on the JOBILITY Web Site, Platform, or Mobile Application.
  • MOBILE APPLICATION
    • License. As part of the Platform, Gigees are able to download and use the JOBILITY mobile application (the “Mobile Application”). Subject to these Terms, JOBILITY grants You a limited, revocable, non-exclusive and nontransferable license in the United States to: (i) download, install, and use the Mobile Application for your personal, non-commercial use on a single mobile device owned or otherwise controlled by You (“Mobile Device); and (ii) access and use the Platform made available on such Mobile Device through the Mobile Application, strictly in accordance with these Terms.
    • Restrictions. You agree not to: (i) copy the Mobile Application, except as expressly permitted by this license; (ii) modify, translate, adapt, or otherwise create derivative works or improvements, whether or not patentable, of the Mobile Application; (iii) reverse engineer, disassemble, decompile, decode, or otherwise attempt to derive or gain access to the source code of the Mobile Application or any part thereof; (iv) remove, delete, alter, or obscure any trademarks or any copyright, trademark, patent, or other intellectual property or proprietary rights notices from the Mobile Application, including any copy thereof; (v) rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer, or otherwise make available the Mobile Application, or any features or functionality of the Mobile Application, to any third party for any reason, including by making the Mobile Application available on a network where it is capable of being accessed by more than one device at any time; or (vi) remove, disable, circumvent, or otherwise create or implement any workaround to any copy protection, rights management, or security features in or protecting the Mobile Application.
    • Reservation of Rights. You acknowledge and agree that the Mobile Application is provided under license, and not sold, to You. You do not acquire any ownership interest in the Mobile Application under these Terms, or any other rights thereto other than to use the Mobile Application in accordance with these Terms and the license granted herein. All other rights are expressly reserved to JOBILITY and its licensors.
    • Updates. JOBILITY may from time to time in its sole discretion develop and provide Mobile Application updates, which may include upgrades, bug fixes, patches, other error corrections, and/or new features (collectively, including related documentation, “Updates”). Updates may also modify or delete in their entirety certain features and functionality. You agree that JOBILITY has no obligation to provide any Updates or to continue to provide or enable any particular features or functionality. Based on your Mobile Device settings, when your Mobile Device is connected to the internet either: (i) the Mobile Application will automatically download and install all available Updates; or (ii) You may receive notice of or be prompted to download and install available Updates. You shall promptly download and install all Updates and acknowledge and agree that the Mobile Application or portions thereof may not properly operate should You fail to do so. You further agree that all Updates will be deemed part of the Mobile Application and be subject to these Terms.
    • Export Regulations. The Mobile Application may be subject to US export control laws, including the US Export Administration Act and its associated regulations. You shall not, directly or indirectly, export, re-export, or release the Mobile Application to, or make the Mobile Application accessible from, any jurisdiction or country to which export, re-export, or release is prohibited by law, rule, or regulation. You shall comply with all applicable federal laws, regulations, and rules, and complete all required undertakings (including obtaining any necessary export license or other governmental approval), prior to exporting, re-exporting, releasing, or otherwise making the Mobile Application available outside the US.
    • Mobile Device Access. To the extent You access the Platform through a Mobile Device, your wireless service carrier’s standard charges, data rates and other fees may apply. In addition, downloading, installing, or using certain mobile services or applications may be prohibited or restricted by your carrier, and not all mobile services or applications may work with all carriers or devices. In the event You change or deactivate your mobile telephone number, You agree to promptly update your Account information to ensure that your messages are not sent to the person that acquires your old number.
  • PAYMENT TERMS
    • Users of the Service contract for Gigs directly with other Users. JOBILITY will not be a party to any contracts for Gigs. 
    • Hirer shall pay each Gigee that accepts and performs a Gig for the Hirer the amount specified in the posting made by the Hirer for the Gig (the “Gigee Fee”), less any lawful and authorized deductions, a twelve percent (12%) Jobility Service Fee charged to the Gigee.
    • A Third Party Payment Service Provider retained by JOBILITY, will facilitate the payment of the applicable Gigee Fee and JOBILITY Service Fee on behalf of the Users.
    • Users of the Service will be required to provide their bank account details to JOBILITY and the Third Party Payment Service Provider retained by JOBILITY, which may change from time to time at JOBILITY’s sole and absolute discretion. A Third Party Payment Service Provider retained by JOBILITY, will facilitate the payment of the applicable Gigee Fee and JOBILITY Service Fee on behalf of the Users.
    • Payment processing services for Users, both Hirers and Gigees, are currently provided by a third-party payment processing service provider, Stripe, Inc. (the “ Third Party Payment Service Provider”), and are subject to the Stripe Connected Account Agreement, which includes the Stripe Terms of Service (collectively, the “Stripe Services Agreement” or “Third Party Payment Service Provider Agreement”). By agreeing to these Terms or by applying for or accepting a Gig with a Hirer, You agree to be bound by the Third Party Payment Service Provider Agreement, as the same may be modified by the Third Party Payment Service Provider from time to time. As a condition of JOBILITY enabling payment processing services through the Third Party Payment Service Provider, You agree to provide JOBILITY accurate and complete account information necessary for processing ACH payments and authorize JOBILITY to share it and with the Third Party Payment Service Provider.
    • Hirers are solely responsible for paying each invoice for each Gig (the “Invoice”) upon acceptance of Gigee for a Gig. The Invoice will include the pricing terms of the Gig agreed to between the Hirer and Gigee (“Gig Payment”), including the JOBILITY Service Fee (which shall deducted from the Gigee Fee), based on the Gig Payment amount at the time of match. Any amounts collected will be held in Jobility’s Stripe account until: (1) confirmation of completion of the Gig from both Gigee and Hirer on the Platform, at which time payment shall be made to Gigee; or (2) upon cancellation of a Gig ninety-six (96) hours prior to the start time of the Gig in accordance with these Terms, at which time the Gig Payment shall be returned to the Hirer. JOBILITY will not release the Gig Payment to the Gigee until it receives confirmation that the Gig has been completed by both the Hirer and the Gigee or if Hirer fails to cancel a Gig at least ninety-six (96) hours before a Gig start time.
    • Users will be required to register with the Third Party Payment Service Provider, agree to Terms of Service of the Third Party Payment Service Provider and go through a vetting process at the request of the Third Party Payment Service Provider to set up their account with the Third Party Payment Service Provider. By accepting these Terms of Use, each Hirer agrees that they have downloaded or printed, and reviewed and agreed to the Third Party Payment Service Provider Agreement. Please note that the JOBILITY is not a party to the Third Party Payment Service Provider Agreement and that you, the Third Party Payment Service Provider and any other parties listed in the Third Party Payment Service Provider Agreement are the parties to the Third Party Payment Service Provider Agreement and that the JOBILITY has no obligations or liability to any Hirer or User under the Third Party Payment Service Provider Agreement.
    • Within twenty-four (24) hours after JOBILITY receives confirmation through the Service or via email that a Gig has been completed, Hirer authorizes JOBILITY to provide Hirer’s payment details to the Third Party Payment Service Provider for processing of Gig Payment and any fees owed to JOBILITY including markup and service fee for use of the Service (the “JOBILITY Service Fees”).
    • JOBILITY reserves the right, in its sole discretion, but shall not have the obligation, to (i) place on hold any Gig Payment, or (ii) refund, provide credits or arrange for the Third Party Payment Service Provider to do so.
    • Gig Payment of Gig Fees and JOBILITY Service Fees will be initiated on the JOBILITY Platform and processed through the Third Party Payment Service Provider. Users of the Service will be liable for any and all taxes (including VAT, if applicable) required to be paid on the Services provided under the Agreement (other than taxes on the JOBILITY’s income).
    • JOBILITY may from time to time provide certain Gigees with promotional offers and discounts that may result in different amounts charged for the same or similar Services obtained through the use of the JOBILITY Platform, and You agree that such promotional offers and discounts, unless also made available to the Hirer, shall have no bearing on your use of the Services or the Fees applied to You.
      • Cancellation of Gig once a Gigee has been accepted for a Gig.
        • No Fee Cancellation- Hirers may cancel a Gig at least ninety-six hours (96) prior to the start time for the commencement of the Gig without being charged. In the event Hirer cancels a Gig in accordance with this Provision, Gigee will not be entitled to receive any payment from Hirer or Jobility in connection with the Gig.
        • Cancellation of a Gig within 96 hours before the start time of a Gig. In the event Hirer cancels a Gig within ninety (96) hours of start time for the Gig, Hirer will be responsible for the full price of the Gig including the Gig Fee and the JOBILITY Services Fee.
  1. Each Hirer will pay You for all Gigs you offer, the Hirer accepts, and you perform, less any applicable deductions or withholding (the “Gigee Fee”). Hirers pay the Gigee Fee on a weekly basis, unless the Hirer elects to pay the Gigee Fee on an earlier date. Hirers may also be required to pay JOBILITY an additional fee for the Hirer’s use of the Services (the “JOBILITY Service Fee”).
  2. By using the Platform you hereby authorize JOBILITY to act as your limited payment collection agent for all Gigee Fee due and payable to you. Upon the receipt of any Gigee Fee due to you, JOBILITY will promptly credit your Account using the payment option specified by you, after which JOBILITY will send you a receipt by email. Payment of Gigee Fee in such manner is considered the same as payment made directly by the Hirer to you. JOBILITY HAS NO RESPONSIBILITY FOR THE PAYMENT OF THE GIGEE FEE UNLESS IT IS FIRST RECEIVED BY JOBILITY FROM THE HIRER.
  3. If your primary Account payment method is determined to be expired, invalid or otherwise not able to receive payment, you agree that JOBILITY may, as your limited payment collection agent, use a secondary payment method provided in your Account, if available.
  4. RESTRICTIONS- In accessing and using the JOBILITY Web Site, Platform, and Mobile Application, You agree to abide by the following rules, restrictions and limitations:
    1. You will not use any data mining software, robots, spiders or similar data gathering and extraction tools to access, acquire, copy, monitor, retrieve, index, “scrape,” “data mine,” or in any way gather Content or data from the JOBILITY Web Site, Platform, or Mobile Application, or otherwise circumvent the navigational structure or presentation of the JOBILITY Web Site, Platform, or Mobile Application;
    1. You will not disseminate or transmit viruses, worms, Trojan horses, keyboard loggers, time bombs, spyware, adware, cancelbots, passive collection mechanisms, or any other malicious or invasive code or program or upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including, without limitation, clear GIFs, single pixel GIFs, pixel tags, web beacons, action tags, web bugs, cookies, or other similar devices;
    1. You will not attempt to decipher, decompile, disassemble, or reverse-engineer any of the software comprising or in any way making up a part of the JOBILITY Web Site, Platform, or Mobile Application;
    1. You will not use the JOBILITY Web Site, Platform, or Mobile Application in any manner that could damage, disable, overburden, impair or otherwise interfere with or disrupt the JOBILITY Web Site, Platform, Mobile Application, or any networks or security systems of JOBILITY or its third party service providers, or otherwise interfere with other Users’ use of the JOBILITY Web Site, Platform, or Mobile Application;
    1. You will not interfere with or circumvent any security feature or any feature that restricts or enforces limitations on the use of, or access to, the JOBILITY Web Site, Platform, or Mobile Application;
    1. You will not probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures of the JOBILITY Web Site, Platform, or Mobile Application; and
    1. You will not remove, change or obscure any copyright, trademark notice, trademark, hyperlink or other proprietary rights notices contained within the JOBILITY Web Site, Platform, or Mobile Application.
  5. TERM AND TERMINATION- Unless otherwise agreed in a writing signed by the Gigee and JOBILITY, these Terms apply unless and until the Gigee deletes the Account, ceases all access or use of the JOBILITY Web Site, Platform, or Mobile Application and stops receiving or offering services through the JOBILITY Web Site, Platform, or Mobile Application (a “Termination”). Even after a Termination, these Terms apply to any performance of Gigs offered through the Platform and will continue until the Gigs are performed in full or otherwise terminated.
  6. INTELLECTUAL PROPERTY
    1. The JOBILITY Web Site, Platform, and Mobile Application (including their underlying technology, systems, and software) are protected by copyright, trademark, patent, and/or other proprietary rights and Laws. Subject to your compliance with these Terms, and solely for so long as You are permitted by JOBILITY to access and use the JOBILITY Web Site, Platform, or Mobile Application, JOBILITY grants to You a limited, revocable, non-exclusive, non-transferable right to access and use the JOBILITY Web Site, Platform, and Mobile Application for your use only. Unless expressly granted to You in these Terms, JOBILITY and its licensors reserve and retain all right, title and interest (including all intellectual property rights) in and to: (i) the JOBILITY Web Site, Platform, and Mobile Application; and (ii) the technology, systems and software used to provide the JOBILITY Web Site, Platform, and Mobile Application.
    1. You further understand and agree that JOBILITY owns and has the right to collect, extract, compile, synthesize, and analyze Aggregate Data and Usage Data. JOBILITY may use such Aggregate Data or Usage Data for any lawful business purpose without a duty of accounting to You or any User; provided that the data and information is used only in an aggregated and anonymized form so that it cannot be identifiable as relating to any individual Gigee or User.
    1. You hereby grant to JOBILITY a non-exclusive, royalty-free, fully paid-up, right and license to use Usage Data for the purposes of providing You with the Service. You represent and warrant that You are the exclusive owner of the Usage Data or have all rights and licenses necessary to grant the rights to the Usage Data that You have granted to JOBILITY in these Terms without the need to obtain any third-party consents or permissions.
  1. PLATFORM FEEDBACK- JOBILITY does not accept or consider creative ideas, suggestions, inventions or materials other than those which it has specifically requested. If You submit feedback on the Platform through the JOBILITY Web Site or Mobile Application, such feedback should not include any creative ideas, inventions, suggestions, or materials. JOBILITY has adopted this policy to avoid confusion and misunderstandings in case your ideas, suggestions, or other materials are like ones that we have developed (or may develop) independently. Therefore, we are not responsible for any ideas, suggestions, or materials submitted to us. If, despite this notice, You send JOBILITY creative suggestions, ideas, drawings, concepts, inventions, or other information (a “Gigee Submission”), You understand and agree that JOBILITY is free to use these ideas, suggestions, or other materials in any way that it may deem fit without any Liability or payment of any kind to You. Gigee Submissions and any elements contained in a Gigee Submission will not be subject to any obligation of confidentiality on JOBILITY’s part, and JOBILITY will not be liable for any use or disclosure of any Gigee Submission.
  2. COPYRIGHT COMPLAINTS
    1. Copyright Policy. JOBILITY takes claims of copyright infringement seriously and will respond to notices of alleged copyright infringement that comply with applicable law. If You believe any materials accessible on or from the JOBILITY Platform infringe your copyright, You may request removal of those materials (or access to them) from the JOBILITY Platform by submitting written notice to our Copyright Agent designated below.
    1. Notice to JOBILITY. In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) (“DMCA”), the written notice (the “DMCA Notice”) must include substantially the following: (i) your physical or electronic signature; (ii) identification of the copyrighted work You believe to have been infringed or, if the claim involves multiple works on the JOBILITY Platform, a representative list of such works; (iii) identification of the material You believe to be infringing in a sufficiently precise manner to allow us to locate that material; (iv) adequate information by which we can contact You (including your name, postal address, telephone number, and, if available, email address); (v) a statement that You have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent, or the law; a statement that the information in the DMCA Notice is accurate; and (vi) a statement, under penalty of perjury, that You are authorized to act on behalf of the copyright owner. If You fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your DMCA Notice may not be effective. Please be aware that if You knowingly materially misrepresent that material or activity on the JOBILITY Platform is infringing your copyright, You may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA.
    1. Copyright Agent. DMCA Notices must be delivered to our designated Copyright Agent: info@jobility.com
    1. Repeat Infringers. It is JOBILITY’s policy in appropriate circumstances to disable and/or terminate the Account of Users who are repeat infringers.
  3. INSURANCE
    1. You acknowledge that you are an independent contractor, not an employee of JOBILITY.  As such, you acknowledge and understand that you are not covered by any insurance that may be provided by JOBILITY to its employees, including, without limitation, health insurance, workers compensation insurance, general liability insurance, and automobile liability insurance.  As an independent contractor, you are solely and exclusively responsible for your own insurance.  Specifically, in the event that you are injured while working in the course and scope of an engagement for JOBILITY, you acknowledge and understand that you will not be covered by any workers compensation insurance coverage that JOBILITY may provide to its employees.  Further, in the event that your actions cause an injury to a third party while you are working in the course and scope of performing a JOBILITY Engagement or the Services, you acknowledge and understand that you will not be covered by any general liability or automobile liability insurance coverage that JOBILITY may have, and that JOBILITY is not making any commitment to defend and/or indemnify you in such circumstances, and specifically denies such obligation.
  4. DISCLAIMERS- THE JOBILITY WEB SITE, PLATFORM, AND MOBILE APPLICATION ARE PROVIDED TO YOU ON AN “AS-IS” AND “AS AVAILABLE” BASIS AND THE USE THEREOF IS AT YOUR SOLE RISK. JOBILITY MAKES NO, AND HEREBY DISCLAIMS, ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, NONINFRINGEMENT, AND TITLE WITH RESPECT TO THE JOBILITY WEB SITE AND PLATFORM, TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW. JOBILITY DOES NOT WARRANT THAT: (A) THE JOBILITY WEB SITE OR PLATFORM (OR THE RESULTS OBTAINED FROM THE USE THEREOF) WILL BE TIMELY, ERROR-FREE, SECURE OR UNINTERRUPTED; (B) THE JOBILITY WEB SITE OR PLATFORM WILL MEET YOUR REQUIREMENTS; OR (C) ANY ERRORS OR MALFUNCTIONS IN THE JOBILITY WEB SITE OR PLATFORM WILL BE CORRECTED. JOBILITY MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING THE EFFECTIVENESS OF THE JOBILITY WEB SITE OR PLATFORM IN MEETING ANY GIGEE’S EMPLOYMENT OBJECTIVES. JOBILITY DOES NOT GUARANTEE THAT THE JOBILITY WEB SITE OR PLATFORM WILL RESULT IN ANY GIGEE BEING HIRED, AND IS NOT RESPONSIBLE OR LIABLE FOR ANY BUSINESS, EMPLOYMENT, HIRING AND/OR COMPENSATION DECISIONS MADE, FOR WHATEVER REASON, BY A HIRER. JOBILITY IS NOT LIABLE IN THE EVENT OF ANY UNAUTHORIZED ACCESS TO OR USE OF THE JOBILITY WEB SITE OR PLATFORM, ANY INTERRUPTION, SUSPENSION OR CESSATION OF ACCESS TO THE JOBILITY WEB SITE OR PLATFORM, OR ANY BUGS, VIRUSES, TROJAN HORSES, OR OTHER HARMFUL OR MALICIOUS CODE WHICH MAY BE TRANSMITTED THROUGH THE JOBILITY WEB SITE OR PLATFORM BY ANY THIRD PARTY. JOBILITY MAKES NO REPRESENTATIONS, WARRANTIES OR GUARANTEES, EXPRESS OR IMPLIED, REGARDING THE ACCURACY, RELIABILITY OR COMPLETENESS OF THE CONTENT MADE AVAILABLE ON THE JOBILITY WEB SITE OR THE PLATFORM.
  5. LIMITATION OF LIABILITY
    1. JOBILITY IS IN NO EVENT RESPONSIBLE OR LIABLE TO YOU OR TO ANY THIRD PARTY, WHETHER UNDER CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, INDEMNITY OR OTHER THEORY, FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, LIQUIDATED OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFIT, REVENUE OR BUSINESS, COST OF SUBSTITUTE PROCUREMENT, ARISING IN WHOLE OR IN PART FROM YOUR USE OF (OR INABILITY TO USE) THE SERVICES OR ANY PORTION THEREOF, EVEN IF JOBILITY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. UNDER NO CIRCUMSTANCES IS JOBILITY LIABLE FOR ANY DELAY OR FAILURE IN PERFORMANCE RESULTING DIRECTLY OR INDIRECTLY FROM ANY CAUSES BEYOND ITS REASONABLE CONTROL, INCLUDING, WITHOUT LIMITATION, INTERNET OR OTHER NETWORK (INCLUDING WITHOUT LIMITATION PHONE NETWORK OR OTHER TELECOMMUNICATIONS NETWORK) FAILURES OR “BROWNOUTS,” COMPUTER EQUIPMENT FAILURES, TELECOMMUNICATION EQUIPMENT FAILURES, OTHER EQUIPMENT FAILURES, ELECTRICAL POWER FAILURES, STRIKES, LABOR DISPUTES, RIOTS, INSURRECTIONS, CIVIL DISTURBANCES, SHORTAGES OF LABOR OR MATERIALS, FIRES, FLOODS, STORMS, EXPLOSIONS, ACTS OF GOD, WAR, GOVERNMENTAL ACTIONS, ORDERS OF DOMESTIC OR FOREIGN COURTS OR TRIBUNALS, NON-PERFORMANCE OF THIRD PARTIES, OR LOSS OF OR FLUCTUATIONS IN HEAT, LIGHT, OR AIR CONDITIONING. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THESE TERMS, JOBILITY’S AGGREGATE LIABILITY TO YOU FOR ANY CAUSE WHATEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL BE LIMITED TO ONE THOUSAND US DOLLARS.
    1. California Residents. If you are now, or at any time during your use of the JOBILITY Web Site, Platform, or Mobile Application become, a California resident, You waive California Civil Code Section 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.”
    1. No claim shall be asserted against JOBILITY or any of the JOBILITY Parties or suppliers, unless the breach, injury, loss or damage giving rise to the claim occurs or is sustained and no suit or action or arbitration proceeding thereon shall be instituted or maintained unless it is initiated within one (1) year after the date the cause of action occurs.
    1. The limitations of Liability set forth in this Section shall prevail over any conflicting or inconsistent provisions contained in any of the documents comprising these Terms except to the extent such conflicting or inconsistent provisions contain lower limits and/or greater restrictions.
  6. INDEMNIFICATION- You will indemnify, defend, and hold harmless JOBILITY, its Affiliates, and their respective directors, officers, employees, representatives, and agents (each an “Indemnified Party”) from any and all Liabilities or Losses arising from or relating to any claim, suit, proceeding, demand, or action brought by You or a third party or other User against an Indemnified Party relating to: (a) use of the JOBILITY Web Site, Platform, or Mobile Application by You, including any performance obligations in connection with Gigs provided by You; (b) any agreement entered into between You and a Hirer, including, but not limited to (i) claims of misclassification as an independent contractor; (ii) the classification of JOBILITY as an employer or joint employer in connection with Gigs offered on the JOBILITY Web Site, Platform, or Mobile Application; or (iii) any employment-related claims, such as those relating to employment termination, employment discrimination, harassment, or retaliation; and any claims for unpaid wages or other compensation, overtime pay, sick leave, holiday or vacation pay, retirement benefits, worker’s compensation benefits, unemployment benefits, or any other employee benefits; (c) failure to comply with these Terms by You; (d) failure to comply with applicable Law by You; (e) negligence, willful misconduct, or fraud by You; or (f) defamation, libel, violation of privacy rights, unfair competition, or infringement of intellectual property rights or allegations thereof to the extent caused by You or any Gigs offered by You.
  7. NOTICES- JOBILITY may give You notice by: (a) means of a general notice on the JOBILITY Web Site, Platform, or Mobile Application; (b) electronic mail to the User’s email address in its Account; or (c) by written communication sent by first class mail or pre-paid post to the address associated with your Account. You may give JOBILITY notice by: (x) hand delivery; (y) any means certified by delivery receipt; or (z) via email to support@Jobility.com. Any notice delivered by either party to the other in accordance with this Section 21 is a “Notice” for purposes of these Terms. JOBILITY does not accept service of any legal process by email or mail; all such service should occur by hand delivery on JOBILITY or its registered agent for service of process.
  8. GOVERNING LAW- These Terms are governed by the Law of the State of New Jersey, without regard to any conflict of law rules that would result in the application of any other Law other than the Law of the State of New Jersey.
  9. DISPUTE RESOLUTION
    1. All disputes arising in connection with these Terms will be settled, if possible, by negotiation between the parties. If settlement cannot be reached by negotiation within 30 days after either party first gives notice of a dispute, then the dispute will be settled by final and binding arbitration pursuant to this Section 23.
    1. You and JOBILITY agree that You may bring claims against JOBILITY pursuant to these Terms and only on an individual basis, and not on a class, collective, or representative basis on behalf of others. You and JOBILITY further agree that You will not join any purported class, collective, or representative action brought by others on behalf of You. Unless You and JOBILITY otherwise agree, the arbitrator appointed to decide disputes may not consolidate or join more than one person’s or party’s claims against JOBILITY and may not otherwise preside over any form.
      IMPORTANT: Your agreement to bring claims against JOBILITY in an individual basis and through arbitration, rather than through a court or trial by jury, is binding unless You opt out of this arbitration provision in accordance with the Terms. It is the intention of You and JOBILITY that the Federal Arbitration Act, 9 U.S.C. § 1 et seq., and the applicable AAA Rules (as set forth below) apply to any dispute arising out of these Terms (including but not limited to their construction, interpretation, enforceability, or termination) or your relationship with JOBILITY, or any dispute arising out of your relationship with a Hirer who engaged You for Gigs through the JOBILITY Web Site, Platform, or Mobile Application in which You or the Hirer allege JOBILITY is a party (each a “Dispute”). It is the intent of the parties that the FAA and the applicable AAA Rules shall preempt all state laws to the fullest extent permitted by law. If the FAA and the applicable AAA Rules are found to not apply to any Dispute, then that Dispute shall be resolved under the Law of the State of New Jersey as set forth in Section 22.
    1. Any Dispute arising under or in connection with Title VII of the Civil Rights Act of 1964, the Rehabilitation Act of 1973, the Reconstruction Era Civil Right Acts, the Americans with Disabilities Act, the Age Discrimination in Employment Act, the Family and Medical Leave Act, the Fair Labor Standards Act, the Worker Adjustment and Retraining Notification Act, the Employee Polygraph Protection Act, the Immigration Control and Reform Act, the Fair Credit Reporting Act, the Genetic Information Non-Discrimination Act, the Employee Retirement Income Security Act, the Sarbanes-Oxley Act, or any other federal, state, or local Law concerning employment or employment misclassification shall be arbitrated in accordance with the AAA’s Employment Arbitration Rules and Mediation Procedures, except as modified by this Section 23 (“Employment Related Disputes”).
    1. All other Disputes not subject to Section 23.c will be arbitrated in accordance with the AAA’s Consumer Arbitration Rules, except as modified by this Section 23 (“Non-Employment Related Disputes”).
    1. For both Employment Related Disputes and Non-Employment Related Disputes, the arbitration will be conducted in Middlesex County, New Jersey. There will be one neutral arbitrator, selected by JOBILITY in JOBILITY’s sole discretion. The arbitrator must follow the provisions of these Terms as a court would, including without limitation, the limitation of liability provisions in Section 19. The arbitrator will have no authority to award punitive, consequential, or liquidated damages. The prevailing party in the arbitration shall be entitled to receive reimbursement of its reasonable expenses (including reasonable attorneys’ fees, expert witness fees, and all other expenses) incurred in connection with the arbitration. The award rendered may be entered and enforced in a court of competent jurisdiction. Except as may be required by law, neither JOBILITY, the Gigee, nor the arbitrator may disclose the existence, content or results of any arbitration without the prior written consent of both JOBILITY and the Gigee, unless to protect or pursue a legal right.
    1. You may opt-out of this Section 23 by providing written Notice to JOBILITY within 30 days of the date You first created an Account or the [EFFECTIVE DATE], whichever is later (the “Opt-Out Period”). If You do not opt-out of this Section 23 within the Opt-Out Period You will be subject to all the provisions in this Section 23. If You do opt-out of this Section 23, all other provisions of these Terms will still apply.
    1. In the event that Sections 23.c, 23.d, or 23.e is found not to apply to You or to a particular claim or dispute (except for small-claims court actions), You agree that any claim or dispute that has arisen or may arise between You and JOBILITY must be resolved exclusively by a state court located in Middlesex County, New Jersey or federal court in New Jersey. You and JOBILITY agree to submit to the personal jurisdiction of the courts located within the State of New Jersey for the purpose of litigating all such claims or disputes.
    1. Use of the JOBILITY Web Site, Platform, and/or Mobile Application is not authorized outside of the United States or in any jurisdiction that does not give effect to all provisions of these Terms (including without limitation, this Section 23). You understand that, in return for agreement to this provision, JOBILITY is able to offer use of the JOBILITY Web Site, Platform, or Mobile Application at the terms set forth in these Terms, and that your assent to this provision is an indispensable consideration to these Terms.
  10. WAIVER OF JURY TRIAL.  EACH PARTY HERETO HEREBY IRREVOCABLY WAIVES, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY IN ANY LEGAL PROCEEDING DIRECTLY OR INDIRECTLY ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE TRANSACTIONS CONTEMPLATED HEREBY (WHETHER BASED ON CONTRACT, TORT, OR ANY OTHER THEORY).
  • CLASS ACTION WAIVER. JOBILITY AND HIRER MUTUALLY AGREE THAT BY ENTERING INTO THIS ARBITRATION AGREEMENT, BOTH WAIVE THEIR RIGHT TO HAVE ANY DISPUTE OR CLAIM BROUGHT, HEARD OR ARBITRATED AS A CLASS ACTION AND/OR COLLECTIVE ACTION, AND AN ARBITRATOR SHALL NOT HAVE ANY AUTHORITY TO HEAR OR ARBITRATE ANY CLASS AND/OR COLLECTIVE ACTION (“CLASS ACTION WAIVER”).  IN ANY CASE IN WHICH (1) THE DISPUTE IS FILED AS A CLASS AND/OR COLLECTIVE ACTION AND (2) THERE IS A FINAL DETERMINATION THAT ALL OR PART OF THE CLASS ACTION WAIVER IS UNENFORCEABLE, THE CLASS OR COLLECTIVE ACTION TO THAT EXTENT MUST BE LITIGATED IN A CIVIL COURT OF COMPETENT JURISDICTION (IF AT ALL), BUT THE PORTION OF THE CLASS ACTION WAIVER THAT IS ENFORCEABLE SHALL BE ENFORCED IN ARBITRATION.
  • TAXES– Gig Payments, Gigee Fees, JOBILITY’s Service Fees, and any other payments made to Users arising out of, or in connection with a Users use of the Platform or performance of a Gig do not include any taxes, levies, duties or similar governmental assessments of any nature, including but not limited to value-added, sales, use or withholding taxes, assessable by any local, state, provincial, federal or foreign jurisdiction (collectively, “Taxes”). Gigee is solely responsible for filing all tax returns and submitting all payments as required by any federal, state, local, or foreign tax authority arising out of this Agreement. Notwithstanding the foregoing, if JOBILITY has the legal obligation to pay or collect Taxes for which Gigee is responsible under this section, the appropriate amount shall be invoiced to and paid by Gigee.
  • MISCELLANEOUS- The invalidity, illegality or unenforceability of any term or provision of these Terms shall in no way effect the validity, legality or enforceability of any other term or provision of these Terms. You may not assign your rights and obligations under these Terms. Subject to the foregoing, these Terms will be binding on and will inure to the benefit of the legal representatives, successors and assigns of the parties hereto. If a court or arbitrator decides that any term or provision of these Terms is invalid or unenforceable, the parties agree to replace such term or provision with a term or provision that is valid and enforceable and that comes closest to expressing the intention of the invalid or unenforceable term or provision, and these Terms shall be enforceable as so modified. Provisions of these Terms which by their nature should apply beyond Termination (other than those provisions regarding access to and use of the JOBILITY Web Site, Platform, and Mobile Application) will remain in force after any termination or expiration of these Terms.
  • DEFINITIONS- As used in these Terms, the words, phrases and abbreviations set forth below shall have the following meanings:
    • “Affiliates” means, with respect to any Person, any other Person that (i) directly or indirectly owns or controls such Person, (ii) is directly or indirectly owned or controlled by such Person, or (iii) is under common control with such Person. For the purpose of this definition control means holding a majority of the equity or otherwise having the power to direct or cause the direction of the management and policies of an entity.
    • “Aggregate Data” means de-identified aggregated data or information regarding: Gigees’ educational or career history (including, by way of example and not limitation, aggregate data relating to Users’ occupation, location, salary, education and experience); Hirers’ requests for Gigs (including, by way of example and not limitation, skills requirements, hiring preferences and frequency, and compensation data); and any other information regarding Users of the JOBILITY Web Site, Platform, or Mobile Application.
    • “Content” includes all Text, Graphics, Design and Programming used on the JOBILITY Web Site, Platform, or Mobile Application.
    • “Design” includes the color combinations and the page layout of the JOBILITY Web Site or Mobile Application.
    • “Document” refers to any posting to the JOBILITY Web Site, Platform, or Mobile Application.
    • “Graphics” includes all logos, buttons, and other graphical elements on the Sites, with the exception of paid advertising banners.
    • “Law” or “Laws” means all laws, rules, regulations, codes, statutes, ordinances, treaties, and/or governmental orders, including the common law.
    • “Liability” or “Liabilities” means any liability, indebtedness, fine, penalty or obligation (whether known or unknown, whether asserted or unasserted, whether absolute or contingent, whether accrued or unaccrued, whether liquidated or unliquidated, and whether due or to become due).
    • “Loss” or “Losses” means any and all damages, fines, assessments, charges, levies, fees, penalties, deficiencies, losses and expenses (including all remediation costs, reasonable fees of attorneys, accountants and other experts, or other expenses of litigation or proceedings or of any claim, default or assessment).
    • “Mobile Application(s)” means any computer program, application software, or web app, designed to run on a mobile device, such as a smart phone or tablet computer,  developed, owned, maintained, licensed or operated by JOBILITY and used by You in connection with the Services and by JOBILITY in connection with the delivery of the Services.
    • “Person” means any natural person, corporation, unincorporated organization, partnership, association, joint stock company, limited liability company, joint venture, trust or government, or any agency or political subdivision of any government, or any other entity.
    • “Platform” includes JOBILITY’s Web Site and Mobile Applications.
    • “Programming” includes both Hirer-side code (HTML, JavaScript, etc.) and server-side code (Active Server Pages, VBScript, databases, etc.) used on the Sites.
    • “JOBILITY Materials” includes any materials, methodologies, implementation plans, software or other intellectual property used during the provision of Services.
    • “JOBILITY Web Site” means www.Jobility.com and any other web site operated by JOBILITY and includes such web sites’ Content, Text, Graphics, Design, Programming, JOBILITY Materials and Services (as applicable in each context).
    • “Text” includes all text on every page of the JOBILITY Web Site, Platform, or Mobile Application, whether editorial, navigational, or instructional.
    • “User” refers to any Person that uses any aspect of the JOBILITY Web Site, Platform, or Mobile Application.
    • Usage Data” means any data reflecting the access or use of the Service by or on behalf of Hirers, Gigees, or any other Users, including any end user profile, visit, session, impression, click through or click stream data and any statistical or other analysis, information or data based on or derived from any of the foregoing.

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