AtoZgigs is offered and available to users who are 18 years of age or older and reside in the United States or any of its territories or possessions. By using AtoZgigs, you represent and warrant that you are of legal age to form a binding contract with the Company and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must NOT access AtoZgigs.
The Services comprise mobile applications and related services (each, an "Application"), which enables Gig Giver to create, submit and schedule a contract employment opportunity within the Gig Giver's area, logistics and/or services to allow another user, a Gig Taker, to accept the contract employment opportunity, receive payment, and provide certain services or goods. In certain instances, the Service may also include an option to explore contract opportunities, and/or chat with another user. Unless otherwise agreed upon by AtoZgigs in a separate written agreement with you, the Services are made available are solely for your personal, noncommercial use. YOU ACKNOWLEDGE THAT YOUR ABILITY TO OBTAIN A CONTRACT TO WORK THROUGH THE USE OF THE SERVICES DOES NOT ESTABLISH ATOZGIGS AS A PROVIDER OF EMPLOYMENT OR CONTRACTOR SERVICE NOR DOES ATOZGIGS EMPLOY ANYONE SUBMITTING A SERVICE GIG, OR ANYONE ACCEPTING AN EMPLOYMENT OR CONTRACT SERVICE GIG.
4. Account Registration and Security Responsibilities.
In order to access certain parts of the AtoZgigs Services, you are required to create an AtoZgigs account (an "Account") and a payment account ("Stripe Account") with Stripe, Inc. ("Stripe"). In connection with creating an Account and a Stripe Account, you must provide certain information ("Registration Data") and answer all questions or fields marked "required." You agree to: (a) provide true, accurate, current and complete Registration Data; (b) maintain and update such Registration Data to keep it true, accurate, current and complete; (c) maintain the security of your Account and the Stripe Account, including by maintaining the security and confidentiality of your login credentials; and (d) consent to allow AtoZgigs to contact you for the purpose of confirming some or all of your Registration Data, to conduct research and to resolve disputes, as AtoZgigs may elect to do from time to time.
We reserve the right to withdraw or amend AtoZgigs, and any service or material we provide on AtoZgigs app or website, in our sole discretion without notice. We will not be liable if for any reason all or any part of the app or Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the App and/or Website, or the entire App and/or Website, to users, including registered users.
You are responsible for:
Making all arrangements necessary for you to have access to the Application and/or Website.
Your user name, password, and any other piece of information that you provide to AtoZgigs must be treated as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Application and/or Website or portions of it using your user name, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
5. AtoZgigs Payment Solutions.
A Gig Giver and Gig Taker may pay with and accept credit cards and other electronic payment methods (each an "Electronic Payment Method") through the AtoZgigs Application. In order to use AtoZgigs you must have a valid credit card, debit card, and/or bank account on record, if you do not have a valid credit card, debit account, and/or bank account on record with AtoZgigs you are not authorized to the AtoZgigs services and app. AtoZgigs has integrated with Stripe, a payment processing service, to allow sellers to accept certain Electronic Payment Methods from buyers using Stripe's payment processing services ("AtoZgigs Payment Solution"). AtoZgigs, in its sole discretion, may from time to time impose limits on your ability to make and/or receive payments through the AtoZgigs Payment Solution. Additionally, Stripe may impose its own limits and limitations on a seller's use of the AtoZgigs Payment Solution. For instance, an employer's enrollment in the AtoZgigs Payment Solution is subject to Stripe's confirmation that the employer meets Stripe's enrollment criteria. Stripe provides the payment service at a rate and for frees as described in Stripe's pricing page. Stripe's fees will be taken out of the Gig Giver's payment for the service provided by the Gig Taker.
a. Gig Giver. The Gig Giver and Gig Taker will use the AtoZgigs Payment Solution when completing their transaction, all purchases made using the AtoZgigs Payment Solution are made directly between the Gig Giver and the Gig Taker when they complete their service and/or sale transaction, pursuant to the agreed upon cost. When you initiate a payment through the AtoZgigs Payment Solution, the Gig Giver processes your Electronic Payment Method using Stripe's payment processing service. AtoZgigs is not a party to purchase and sale transactions completed using the AtoZgigs Payment Solution, and disclaims any and all responsibility to facilitate such transactions, except to provide an interface through which you can provide your Electronic Payment Method to Stripe to process on behalf of the Gig Giver. AtoZgigs further disclaims any and all responsibility to facilitate or provide refunds or returns in any manner for any service provided. Except for the foregoing restriction that supersedes any rights you may have in the Stripe Services Agreement; the Stripe Services Agreement is separate from these Terms. AtoZgigs is not a party to the Stripe Services Agreement and will not be liable or responsible for the payment services provided by Stripe. If Stripe discontinues providing services in connection with the AtoZgigs Payment Solution, you authorize Stripe to share your payment method information with an alternative third-party payment processor that is or will be integrated into the AtoZgigs Payment Solution.
b. Gig Taker. By using AtoZgigs Payment Solution to accept Electronic Payment Methods, you are entering into an agreement with Stripe subject to the terms of the Stripe Connected Account Agreement, which includes the Stripe Terms of Service (collectively, the "Stripe Services Agreement"). Notwithstanding anything to the contrary in the Stripe Services Agreement, you will not have the right to have Stripe, and will not request that Stripe, transfer any Gig Giver or Gig Taker's data Stripe collects via the AtoZgigs Payment Solution to an alternative payment processor. Except for the foregoing restriction that supersedes any rights you may have in the Stripe Services Agreement; the Stripe Services Agreement is separate from these Terms. AtoZgigs is not a party to the Stripe Services Agreement and will not be liable or responsible for the payment services provided by Stripe. If Stripe discontinues providing services in connection with the AtoZgigs Payment Solution, you authorize Stripe to share your payment method information with an alternative third-party payment processor that is or will be integrated into the AtoZgigs Payment Solution.
c. AtoZgigs Fees. You agree to pay the service fees ("Service Fees") described in the FAQs for the sales transactions you make using the AtoZgigs Payment Solution. The Service Fees include Electronic Payment Method processing fees to Stripe and service fees to AtoZgigs. AtoZgigs reserves the right to change the Service Fees from time to time.
d. Receiving Sales Proceeds. Upon completion of the service in which the Gig Taker uses the AtoZgigs Payment Solution, if you have not previously set up a Stripe Account, then you must set up a Stripe Account in accordance with the requirements specified by Stripe to receive the payment via AtoZgigs Payment Solution. STRIPE MUST ACCEPT YOUR APPLICATION TO USE THE ATOZGIGS PAYMENT SOLUTION BEFORE YOU CAN RECEIVE PROCEEDS VIA THE ATOZGIGS PAYMENT SOLUTION. IF STRIPE REJECTS YOUR APPLICATION OR YOU FAIL TO SET UP A STRIPE ACCOUNT WITHIN 90 DAYS AFTER COMPLETION OF APROCESSED BY STRIPE THROUGH THE ATOZGIGS PAYMENT SOLUTION, THEN STRIPE MAY DISABLE OR LIMIT YOUR ABILITY TO RECEIVE PROCEEDS VIA THE ATOZGIGS PAYMENT SOLUTION.
e. Acceptable Use Violations. YOUR RIGHT AND/OR ABILITY TO RECEIVE PROCEEDS VIA THE ATOZGIGS PAYMENT SOLUTION MAY BE REVOKED, DISABLED OR LIMITED IF THE PURCHASE OR SALE VIOLATES SECTION 11 (CONTENT STANDARDS) OF THESE TERMS, INCLUDING FOR SERVICE THAT VIOLATE THE PROHIBITED SERVICES GUIDELINES.
f. Additional Information. For additional information regarding the AtoZgigs Payment Solution, see our FAQs.
g. Transactions Final. Regardless of the payment method chosen, ALL GIGS ARE FINAL, AND THERE ARE NO REFUNDS, UNLESS GIG TAKER AND THE GIG GIVER OTHERWISE AGREE AND MAKE ARRANGEMENTS FOR A REFUND. AtoZgigs will not be responsible for facilitating refunds.
h. Taxes. It is the Gig Taker's responsibility to determine what, if any, taxes apply to each transaction you complete via the AtoZgigs Service, including, for example, sales, use, value added, employment, services provided, and similar taxes. It is also the Gig Taker's responsibility to withhold, collect, report and remit the correct taxes to the appropriate tax authorities. AtoZgigs is not responsible for withholding, collecting, reporting, or remitting any sales, use, value added, or similar tax arising from any transaction you complete via the AtoZgigs Service.
6. User Requirements.
The Service is not available for use by persons under the age of 18. You may not authorize third parties to use your Account, and you may not allow persons under the age of 18 to receive employment services from Third Party Providers unless they are accompanied by an Adult. You may not assign or otherwise transfer your Account to any other person or entity. You agree to comply with all applicable laws when accessing or using the Services, and you may only access or use the Services for lawful purposes (e.g., no destruction of property or burglary or property). You may not in your access or use of the Services cause nuisance, annoyance, inconvenience, or property damage, whether to the property owner Third Party Provider or any other party. In certain instances you may be asked to provide proof of identity or other method of identity verification to access or use the Services, and you agree that you may be denied access to or use of the Services if you refuse to provide proof of identity or other method of identity verification.
Text Messaging and Telephone Calls. You agree that AtoZgigs may contact you by telephone or text messages (including by an automatic telephone dialing system) at any of the phone numbers provided by you or on your behalf in connection with an AtoZgigs account, including for marketing purposes. You understand that you are not required to provide this consent as a condition of purchasing any property, goods or services. You also understand that you may opt out of receiving text messages from AtoZgigs at any time, by contacting firstname.lastname@example.org. If you do not choose to opt out, AtoZgigs may contact you as outlined in its User Privacy Statement, located at www.AtoZgigs.com/privacypolicy
7. Intellectual Property Rights.
a. AtoZgigs Intellectual Property Rights. AtoZgigs application and website and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by AtoZgigs, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
Your computer device may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
You may store files that are automatically cached by your Web browser for display enhancement purposes.
You may print one copy of a reasonable number of pages of the Website for your own personal, non-commercial use and not for further reproduction, publication, or distribution.
If we provide desktop, mobile, or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications.
Modify copies of any materials from this site.
Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text.
Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this site.
You must not access or use for any commercial purposes any part of the Application and/or Website or any services or materials available through the Website.
b. Trademarks. The Company name, the terms AtoZgigs, AtoZgigs logo, and all related names, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs, and slogans on this Application and/or Website are the trademarks of their respective owners.
c. Copyright Infringement. If you believe that any User Contributions violate your copyright, please see our Copyright Policy www.atozgigs.com/copyright for instructions on sending us a notice of copyright infringement. It is the policy of the Company to terminate the user accounts of repeat infringers.
d. License. Subject to your compliance with these Terms, AtoZgigs grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to: (i) access and use the Applications on your personal device solely in connection with your use of the Services; and (ii) access and use any content, information and related materials that may be made available through the Services, in each case solely for your personal, noncommercial use. Any rights not expressly granted herein are reserved by AtoZgigs and AtoZgigs' licensors.
e. Restrictions. You may not: (i) remove any copyright, trademark or other proprietary notices from any portion of the Services; (ii) reproduce, modify, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Services except as expressly permitted by AtoZgigs; (iii) decompile, reverse engineer or disassemble the Services except as may be permitted by applicable law; (iv) link to, mirror or frame any portion of the Services; (v) cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the Services or unduly burdening or hindering the operation and/or functionality of any aspect of the Services; or (vi) attempt to gain unauthorized access to or impair any aspect of the Services or its related systems or networks.
f. User Contributions. The Application and/or Website may contain message boards, chat rooms, personal web pages or profiles, forums, bulletin boards, pictures of employment opportunity, and other interactive features (collectively, "Interactive Services") that allow users to post, submit, publish, display, or transmit to other users or other persons (hereinafter, "post") content or materials (collectively, "User Contributions") on or through the Website.
Any User Contribution you post to the site will be considered non-confidential and non-proprietary. By providing any User Contribution on the Application and/or Website, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material for any purpose/according to your account settings.
· You own or control all rights in and to the User Contributions and have the right to grant the license granted above to us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns.
· The Gig Giver and Gig Taker are the sole author and owner of the intellectual property rights, and that you authorize and give AtoZgigs a license to use any copyrighted images or content that is uploaded to its application or website for use on its application, and website.
You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not the Company, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness.
We are not responsible or liable to any third party for the content or accuracy of any User Contributions posted by you or any other user of the Application and/or Website.
8. Monitoring and Enforcement; Termination
· Remove or refuse to post any User Contributions or employment posts for any or no reason in our sole discretion.
· Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
· Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website.
Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Application and/or Website. YOU WAIVE AND HOLD HARMLESS ATOZGIGS AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY THE COMPANY/ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER THE COMPANY/SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
However, we do not review all material before it is posted on the Application and/or Website, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.
9. Reviews, Credentials, & Contractors.
AtoZgigs does not endorse any Gig Giver or Gig Taker, or anyone that uses AtoZgigs service. AtoZgigs is not a member to any agreement between the Gig Giver or Gig Taker besides helping facilitate the transaction. No agency, partnership, joint venture, or employment is created as a result of using AtoZgigs' Service. AtoZgigs may, at is sole discretion, take a Government ID, or Social Security Number to run a background check on the user ("Verified"). This information is held strictly confidential and will only be used to perform a background on the user and to certify the user within AtoZgigs' platform.
AtoZgigs does not perform any check on any Gig Taker on services that require a contractor's license. A contractor's license may be required if the cost for the service is greater than your specific state's amount, or by the services performed. Before hiring the Gig Taker, the Gig Giver is responsible for making sure that the Gig Taker has the necessary certification, trade license, or contractor's license that meets your specific states minimum requirement. Most states offer an online database that you can search or a hotline you can call to make sure contractors' licenses are valid and current. AtoZgigs also recommends that you check for complaints or disciplinary actions against the company or person you are considering hiring. Many states and municipalities govern with their own regulations, in addition to or instead of state laws. It is the Gig Taker and Gig Giver's responsibility to check requirements and license status with local departments of commerce, consumer affairs or professional regulation.
10. Disputes Between Gig Giver and Gig Taker.
AtoZgigs values our Gig Givers and Gig Takers, and we understand that occasionally disputes may arise between or among them. If a dispute arises it must be raised within 24-hours of the gig being completed otherwise AtoZgigs will not consider it. AtoZgigs' goal is to provide tools to help users resolve such disputes independently. In the rare event a dispute initiated by either a Gig Giver or a Gig Taker cannot be resolved independently, you agree, at AtoZgigs' request, to participate with good faith, to the extent you are reasonably able to do so, in a neutral resolution, mediation, or arbitration process conducted by AtoZgigs or a neutral third-party mediator or arbitrator selected by AtoZgigs. Notwithstanding the foregoing, you acknowledge and agree that AtoZgigs is under no obligation to become involved in or impose resolution in any dispute between or among users or any third party.
While AtoZgigs may help facilitate the resolution of disputes, AtoZgigs has no control over and does not guarantee (i) the existence, quality, safety, suitability, or legality of any Listings or Gig Services, (ii) the truth or accuracy of any Listing descriptions, Ratings, Reviews, or other User Content, or (iii) the performance or conduct of any User or third party. AtoZgigs does not endorse any User, Listing or Host Services. Any references to a User being "verified" (or similar language) only indicate that the User has completed a relevant verification or identification process and nothing else. Any such description is not an endorsement, certification or guarantee by AtoZgigs about any User, including of the User's identity or background or whether the Gig Taker or Gig Giver is trustworthy, safe or suitable. You should always exercise due diligence and care when deciding whether to provide the service at a Gig Giver's residence, participate in an Experience or Event or use other Host Services, accept a Gig Giver's request, or communicate and interact with other Users, whether online or in person.
11. Insurance & Liability Insurance.
AtoZgigs recommends the Gig Giver and the Gig Taker obtain an appropriate insurance for their property and the services provided. Please review any respective insurance policy carefully, and in particular make sure that you are familiar with and understand any exclusion to, and any deductibles that may apply for, such insurance policy, including, but not limited to, whether or not your insurance policy will cover the actions or inactions of the gig taker while working on your gig at the gig's location. AtoZgigs does not maintain liability insurance on behalf of the Gig Giver and the Gig Taker, and is not responsible for any bodily harm that may occur at the gig's location. AtoZgigs recommends that the Gig Taker receives the appropriate training for any tool, machinery, or device that may cause bodily harm. The Gig Giver and the Gig Taker are responsible for providing their own insurance that maintains your own states minimum financial responsibility.
If you are a Gig Taker, you understand and agree that AtoZgigs may make a claim under your homeowner's, renter's or other insurance policy related to any damage or loss that you may have caused, or been responsible for, to any personal or other property of the Gig Giver (including without limitation amounts paid by AtoZgigs under the AtoZgigs Guarantee). You agree to cooperate with and assist AtoZgigs in good faith, and to provide AtoZgigs with such information as may be reasonably requested by AtoZgigs, to make a claim under your homeowner's, renter's or other insurance policy, including, but not limited to, executing documents and taking such further acts as AtoZgigs may reasonably request to assist AtoZgigs in accomplishing the foregoing.
As a Gig Giver, you acknowledge and agree that it is your responsibility to maintain in full force and effect adequate workers' compensation (or, if permitted by law, occupational accident insurance), unemployment, liability, and other forms of insurance with policy limits sufficient to protect and indemnify AtoZgigs and its affiliates, and each of their officers, directors, agents, employees, subsidiaries, partners, members, controlling persons, and successors and assigns, from any losses resulting from the conduct, acts, or omissions of you or your assistants, agents, contractors, servants, or employees
12. Content Standards.
· Use AtoZgigs in any manner that violates any relevant law or that infringes, misappropriates or violates any third party's rights, including, but not limited to, transmitting any Content that may infringe, misappropriate or violate a third party's rights of publicity, contractual rights, fiduciary rights or intellectual property rights;
· Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable;
· Reproduce, duplicate, copy, modify, sell, re-sell or exploit any Content or the Sites and Services for any commercial, educational, or any other non-personal purpose or any for any purpose unrelated to your personal purchasing decisions, without the express written consent of AtoZgigs, which consent may be withheld by AtoZgigs in our sole discretion;
· Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age or use for illegal services such as, but not limited to, prostitution, drug dealing, theft, employing underage children, harassments, hateful, obscene, defamatory, threatening, or discriminatory or anything that may violate any law;
· Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person;
· Harass, threaten, intimidate, impersonate, or attempt to impersonate, any other person, falsify your contact or other information, misrepresent a relationship with any person or entity, including misrepresenting a relationship with AtoZgigs, or otherwise attempt to mislead others as to the identity of the Gig Taker or Gig Giver or the origin of a review or rating;
· Be likely to deceive any person by knowingly providing or submitting false or misleading information;
· Promote any illegal activity, or advocate, promote, or assist any unlawful act;
· Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person;
· Impersonate any person, or misrepresent your identity or affiliation with any person or organization;
· As a Gig Giver use the platform in any manner that circumvents your obligation to pay the Gig Taker, and AtoZgigs fees for access to the services provided by the platform;
· Attempt to gain unauthorized access to AtoZgigs Sites and Services, other user accounts, or other computer systems or networks connected to AtoZgigs' Sites and Services;
· Involve commercial activities or sales, such as contests, sweepstakes, and other sales promotions, barter, or advertising;
· Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case;
· Promote or submit an employment opportunity that is directed towards a minor.
· Sign up for, negotiate a price for, use, or otherwise solicit a Service with no intention of following through with your use of or payment for the Service;
· Transmit or submit any transmission or other materials that are encrypted or that contains viruses, Trojan horses, worms, time bombs, spiders, cancelbots or other computer programming routines that is likely or intended to damage, interfere with, disrupt, impair, disable or otherwise overburden the Sites and Services; and
· take any action that would undermine the review and rating process under the Sites and Services.
13. AtoZgigs is Not a Service Provider.
AtoZgigs is not the service or gig provider and is not in the business of providing services or selling goods, providing Gigs, or service contract entered into between you and the Gig Giver ("Gig Contract"), and is not responsible in any way for the provision of services or sale of goods offered by such Gig Giver or Service Contract. AtoZgigs is not a merchant of record or general contractor, or an employer for any contract or gig opportunities within your area. AtoZgigs is merely operating the Program and Platform that helps you connect to an individual that needs help with a service.
To help maintain the quality of the AtoZgigs' Platform, Users (both gig giver and gig taker) will have the opportunity to rate each other after the completion of Services. If you rate your gig giver and gig taker with less than 3 stars, such User will be excluded from your future Service requests. Gig Givers will see gig taker's ratings before selecting a gig taker for a job so each rating a gig giver can have an impact on that gig taker's future on the AtoZgigs' Platform. In addition, gig giver with a low star rating may not have their requests accepted
We may, without further notice or warning and in our discretion, monitor or record telephone conversations that we have with you or anyone acting on your behalf for quality control and training purposes or to protect our rights. We may, without further notice or warning, and in our discretion, access, store, use, and disclose the messages, call transcripts, and data about the calls/messages between and among Users that occur through the AtoZgigs Platform for our business purposes, including to provide and improve customer service and the AtoZgigs Platform, fraud prevention, and to identify violations of this Agreement.
16. Location Coordinates
To schedule and accept Gigs, you must possess an iOS or Android smartphone capable of accessing the AtoZgigs Platform (the "Mobile Device"). As a Provider, you hereby acknowledge and consent to AtoZgigs' collection of the latitude and longitude location ("Location Coordinates") of your Mobile Device so that we can provide our services to gig giver and the gig taker. AtoZgigs does not collect or use Location Coordinates data for the purpose of controlling or monitoring the manner and means by which you provide the Services contemplated by this Agreement, or the frequency with which you use the AtoZgigs Platform to book Services. By executing this Agreement, you agree to the use and disclosure of Location Coordinates information as described above.
17. Assumption of Risk.
YOU ACKNOWLEDGE AND AGREE THAT THERE ARE RISKS ASSOCIATED WITH UTILIZING AN INTERNET-BASED MARKETPLACE, MOBILE APPLICATION, AND INTERACTING WITH OTHER USERS IN PERSON. ATOZGIGS DOES NOT INVESTIGATE OR VERIFY ANY USER'S REPUTATION, CONDUCT, MORALITY, CRIMINAL BACKGROUND, UNLESS THEY ARE VERIFIED, OR ANY INFORMATION USERS MAY SUBMIT TO THE SERVICES. YOU ARE SOLELY RESPONSIBLE FOR TAKING ALL NECESSARY PRECAUTIONS WHEN INTERACTING WITH OTHER USERS, PARTICULARLY WHEN MEETING A STRANGER IN PERSON FOR THE FIRST TIME. IT IS POSSIBLE THAT OTHER USERS MAY ATTEMPT TO PHYSICALLY HARM OR DEFRAUD YOU OR OBTAIN INFORMATION FROM YOU FOR FRAUDULENT PURPOSES. YOU ARE SOLELY RESPONSIBLE FOR, AND ASSUME ALL RISKS RELATED TO, OFFERING A GIG AND ACCEPTING A GIG THROUGH ATOZGIG'S SERVICES (INCLUDING ALL ONLINE AND OFFLINE INTERACTIONS WITH OTHER USERS).
18. Limitation of Liability.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT ATOZGIGS WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, COMPENSATORY, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF ATOZGIGS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) (COLLECTIVELY, "DAMAGES"), RESULTING FROM THIS AGREEMENT, YOUR USE OF THE PLATFORM, OR ANY OTHER MATTER RELATING TO THE SITE OR ANY SPECIFIC SERVICE REQUEST. THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. ATOZGIGS IS NOT RESPONSIBLE TO DAMAGES CAUSED BY THE GIG TAKER TO THE GIG GIVER'S PROPERTY. IF DAMAGES OCCUR THE GIG GIVER SHALL HOLD ATOZGIGS HARMLESS. In some jurisdictions, limitations of liability are not permitted. In such jurisdictions, some of the foregoing limitations may not apply to you.
TO THE EXTENT ATOZGIGS IS FOUND LIABLE FOR ANYTHING RELATED TO THIS AGREEMENT OR THE USE OR OPERATION OF THE PLATFORM, ATOZGIGS LIABILITY FOR DAMAGES WILL NOT EXCEED THE EQUIVALENT OF THE VALUE OF THE SERVICE YOU RECEIVED THROUGH THE PROGRAM.
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT ATOZGIGS CONTRACTS WITH A THIRD PARTY (CURRENTLY STRIPE) TO PROCESS YOUR PAYMENT TO ATOZGIGS THROUGH THE USE OF A CREDIT CARD (A "CREDIT CARD PROCESSOR"). YOU UNDERSTAND AND AGREE THAT NEITHER A CREDIT CARD PROCESSOR NOR ANY OTHER PARTY INVOLVED IN THE CREDIT CARD PROCESSING PROCESS FOR ATOZGIGS, INCLUDING, BUT NOT LIMITED TO, THE COMPANY ISSUING THE CREDIT CARD TO YOU AND THE MERCHANT BANK (COLLECTIVELY, THE "RELEASED PARTIES") SHALL BE LIABLE FOR ANY DAMAGES (AS DEFINED HEREIN AND SUBJECT TO THE LIMITATIONS SET FORTH IN THIS SECTION 18) SUFFERED BY YOU AS A RESULT OF ANY BREACH OF THIS AGREEMENT BY ATOZGIGS. YOU HEREBY RELEASE EACH OF THE RELEASED PARTIES FROM ANY AND ALL DAMAGES YOU MAY SUFFER AS A RESULT OF ANY BREACH OF THIS AGREEMENT BY ATOZGIGS. YOU AGREE TO INDEMNIFY AND HOLD HARMLESS EACH OF THE RELEASED PARTIES FOR ANY AND ALL DAMAGES IT MAY SUFFER AS A RESULT OF YOUR BREACH OF THIS SECTION 18. YOU HEREBY UNDERSTAND AND AGREE THAT ATOZGIGS SHALL BE SOLELY LIABLE FOR THE PAYMENT OF ANY DAMAGES TO YOU UNDER THIS AGREEMENT.
By agreeing to the Terms, you agree that you are required to resolve any claim that you may have against AtoZgigs on an individual basis in arbitration, as set forth in this Arbitration Agreement. This will preclude you from bringing any class, collective, or representative action against AtoZgigs, and also preclude you from participating in or recovering relief under any current or future class, collective, consolidated, or representative action brought against AtoZgigs by someone else.
a. Agreement to Binding Arbitration Between You and AtoZgigs. You and AtoZgigs agree that any dispute, claim or controversy arising out of or relating to (a) these Terms or the existence, breach, termination, enforcement, interpretation or validity thereof, or (b) your access to or use of the Services at any time, whether before or after the date you agreed to the Terms, will be settled by binding arbitration between you and AtoZgigs, and not in a court of law.
You acknowledge and agree that you and AtoZgigs are each waiving the right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding. Unless both you and AtoZgigs otherwise agree in writing, any arbitration will be conducted only on an individual basis and not in a class, collective, consolidated, or representative proceeding. However, you and AtoZgigs each retain the right to bring an individual action in small claims court and the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party's copyrights, trademarks, trade secrets, patents or other intellectual property rights.
b. Rules and Governing Law. The arbitration will be administered by the American Arbitration Association ("AAA") in accordance with the AAA's Consumer Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (the "AAA Rules") then in effect, except as modified by this Arbitration Agreement. The AAA Rules are available at www.adr.org/arb_med or by calling the AAA at 1-800-778-7879.
The parties agree that the arbitrator ("Arbitrator"), and not any federal, state, or local court or agency, shall have exclusive authority to resolve any disputes relating to the interpretation, applicability, enforceability or formation of this Arbitration Agreement, including any claim that all or any part of this Arbitration Agreement is void or voidable. The Arbitrator shall also be responsible for determining all threshold arbitrability issues, including issues relating to whether the Terms are unconscionable or illusory and any defense to arbitration, including waiver, delay, laches, or estoppel.
Notwithstanding any choice of law or other provision in the Terms, the parties agree and acknowledge that this Arbitration Agreement evidences a transaction involving interstate commerce and that the Federal Arbitration Act, 9 U.S.C. § 1 et seq. ("FAA"), will govern its interpretation and enforcement and proceedings pursuant thereto. It is the intent of the parties that the FAA and AAA Rules shall preempt all state laws to the fullest extent permitted by law. If the FAA and AAA Rules are found to not apply to any issue that arises under this Arbitration Agreement or the enforcement thereof, then that issue shall be resolved under the laws of the state of Arizona.
c. Process, A party who desires to initiate arbitration must provide the other party with a written Demand for Arbitration as specified in the AAA Rules. (The AAA provides a form Demand for Arbitration - Consumer Arbitration Rules at www.adr.org or by calling the AAA at 1-800-778-7879). The Arbitrator will be either (1) a retired judge or (2) an attorney specifically licensed to practice law in the state of Arizona and will be selected by the parties from the AAA's roster of consumer dispute arbitrators. If the parties are unable to agree upon an Arbitrator within seven (7) days of delivery of the Demand for Arbitration, then the AAA will appoint the Arbitrator in accordance with the AAA Rules.
d. Location and Procedure. Unless you and AtoZgigs otherwise agree, the arbitration will be conducted in the county where you reside. If your claim does not exceed $10,000, then the arbitration will be conducted solely on the basis of documents you and AtoZgigs submit to the Arbitrator, unless you request a hearing or the Arbitrator determines that a hearing is necessary. If your claim exceeds $10,000, your right to a hearing will be determined by the AAA Rules. Subject to the AAA Rules, the Arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration.
e. Arbitrator's Decision. The Arbitrator will render an award within the time frame specified in the AAA Rules. Judgment on the arbitration award may be entered in any court having competent jurisdiction to do so. The Arbitrator may award declaratory or injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant's individual claim. An Arbitrator's decision shall be final and binding on all parties. An Arbitrator's decision and judgment thereon shall have no precedential or collateral estoppel effect. If you prevail in arbitration you will be entitled to an award of attorneys' fees and expenses, to the extent provided under applicable law. AtoZgigs will not seek, and hereby waives all rights AtoZgigs may have under applicable law to recover, attorneys' fees and expenses if AtoZgigs prevails in arbitration.
f. Fees. Your responsibility to pay any AAA filing, administrative and arbitrator fees will be solely as set forth in the AAA Rules. However, if your claim for damages does not exceed $75,000, AtoZgigs will pay all such fees, unless the Arbitrator finds that either the substance of your claim or the relief sought in your Demand for Arbitration was frivolous or was brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)).
g. Changes. Notwithstanding the provisions in Section I above, regarding consent to be bound by amendments to these Terms, if AtoZgigs changes this Arbitration Agreement after the date you first agreed to the Terms (or to any subsequent changes to the Terms), you may reject any such change by providing AtoZgigs written notice of such rejection within 30 days of the date such change became effective, as indicated in the "Effective" date above. This written notice must be provided either (a) by mail or hand delivery to our registered agent for service of process, c/o AtoZgigs USA, LLC (the name and current contact information for the registered agent in each state are available online here), or (b) by email from the email address associated with your Account to: email@example.com. In order to be effective, the notice must include your full name and clearly indicate your intent to reject changes to this Arbitration Agreement. By rejecting changes, you are agreeing that you will arbitrate any dispute between you and AtoZgigs in accordance with the provisions of this Arbitration Agreement as of the date you first agreed to the Terms (or to any subsequent changes to the Terms).
20. Severability and Survival
If any portion of this Arbitration Agreement is found to be unenforceable or unlawful for any reason, (1) the unenforceable or unlawful provision shall be severed from these Terms; (2) severance of the unenforceable or unlawful provision shall have no impact whatsoever on the remainder of the Arbitration Agreement or the parties' ability to compel arbitration of any remaining claims on an individual basis pursuant to the Arbitration Agreement; and (3) to the extent that any claims must therefore proceed on a class, collective, consolidated, or representative basis, such claims must be litigated in a civil court of competent jurisdiction and not in arbitration, and the parties agree that litigation of those claims shall be stayed pending the outcome of any individual claims in arbitration.
21. Disclaimer of Warranties
You understand that we cannot and do not guarantee or warrant that files available for downloading from the Application, internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data.
TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
YOUR USE OF THE APPLICATION AND/OR WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
TO THE FULLEST EXTENT PROVIDED BY LAW, ATOZGIGS HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
23. Governing Law and Jurisdiction
24. Limitation on Time to File Claims
25. Waiver and Severability
26. Entire Agreement
27. Your Comments and Concerns
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