Agreement between User and gigworkersuniverse.com
Welcome to gigworkersuniverse.com. The gigworkersuniverse.com website (the “Site”) is comprised of various web pages operated by Gig Workers Universe, LLC. gigworkersuniverse.com is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the “Terms”). Your use of gigworkersuniverse.com constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your reference.
gigworkersuniverse.com is a Member Benefit Site.
Gigworkersuniverse.com is an association for small businesses and independent contractors that gives members access to health, ancillary, insurance and shopping benefits.
Privacy
Your use of gigworkersuniverse.com is subject to Gig Workers Universe, LLC’s Privacy Policy. Please review our Privacy Policy, which also governs the Site and informs users of our data collection practices.
Electronic Communications
Visiting gigworkersuniverse.com or sending emails to Gig Workers Universe, LLC constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.
Your Account
If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that Gig Workers Universe, LLC is not responsible for third party access to your account that results from theft or misappropriation of your account. Gig Workers Universe, LLC and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.
Children Under Thirteen
Gig Workers Universe, LLC is not intended for use by children under the age of 13, and it does not knowingly collect personal information from children under the age of 13. The Children’s Online Privacy Protection Act (COPPA) governs information gathering online from or about children under the age of 13. Verifiable consent from a child’s parent or guardian is required before collecting, using, or disclosing personal information from a child under the age of 13.
Gig Workers Universe, LLC collects no information about you or your child, other than that detailed in the previous section, unless you choose to provide information to us.
If you are under 18, you may use gigworkersuniverse.com only with the permission of a parent or guardian.
Links to Third Party Sites/Third Party Services
gigworkersuniverse.com may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of Gig Workers Universe, LLC and Gig Workers Universe, LLC is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Gig Workers Universe, LLC is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Gig Workers Universe, LLC of the site or any association with its operators. Gig Workers Universe, LLC is not responsible for the privacy policies or content of such sites.
Certain services made available via gigworkersuniverse.com are delivered by third party sites and organizations. By using any product, service or functionality originating from the gigworkersuniverse.com domain, you hereby acknowledge and consent that Gig Workers Universe, LLC may share such information and data with any third party with whom Gig Workers Universe, LLC has a contractual relationship to provide the requested product, service or functionality on behalf of gigworkersuniverse.com users and customers.
No Unlawful or Prohibited Use/Intellectual Property
You are granted a non-exclusive, non-transferable, revocable license to access and use gigworkersuniverse.com strictly in accordance with these terms of use. As a condition of your use of the Site, you warrant to Gig Workers Universe, LLC that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.
All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of Gig Workers Universe, LLC or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. Gig Workers Universe, LLC content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of Gig Workers Universe, LLC and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of Gig Workers Universe, LLC or our licensors except as expressly authorized by these Terms.
Third Party Accounts
You will be able to connect your Gig Workers Universe, LLC account to third party accounts. By connecting your Gig Workers Universe, LLC account to your third party account, you acknowledge and agree that you are consenting to the continuous release of information about you to others (in accordance with your privacy settings on those third party sites). If you do not want information about you to be shared in this manner, do not use this feature.
International Users
The Service is controlled, operated and administered by Gig Workers Universe, LLC from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the Gig Workers Universe, LLC Content accessed through gigworkersuniverse.com in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
Indemnification
You agree to indemnify, defend and hold harmless Gig Workers Universe, LLC, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney’s fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. Gig Workers Universe, LLC reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Gig Workers Universe, LLC in asserting any available defenses.
Arbitration
These Terms and Conditions shall be governed by and construed and enforced in the State of New York in accordance with the local laws of the State of New York regardless of choice of law provisions. In the event of any controversy, claim, or dispute between the parties arising out of or relating to these Terms and Conditions, the parties agree to resolve all issues solely through the use of binding Arbitration, governed by the rules of the American Arbitration Association (“AAA”). Any such Arbitration shall take place in the State of New York. The arbitrator shall be neutral, independent, and shall comply with the AAA code of ethics. The arbitrator or arbitration panel shall have the exclusive and sole authority to resolve any dispute relating to the interpretation, applicability, enforceability, conscionability or formation of these Terms and Conditions and of this arbitration requirement. In the event the AAA will not accept the arbitration, another nationally recognized service shall be used. The award rendered by the Arbitrator shall be final, binding on all parties, and not challengeable or subject to vacation or modification. Judgment on the award made by the Arbitrator may be entered into any court having jurisdiction over the parties. If either party fails to comply with the Arbitrator’s award, the injured party may petition the court for enforcement. The parties shall share the cost of Arbitration equally. In the event that a party fails to proceed with Arbitration, unsuccessfully challenges the Arbitrator’s award, or fails to comply with the Arbitrator’s award, the other party shall be entitled to costs of suit, including reasonable attorneys’ fees for having to compel Arbitration or defend or enforce the award. This section and the arbitration requirement shall survive termination.
Severability
Every term and provision of this agreement is intended to be severable. If any term or provision hereof is deemed to be illegal or invalid by any court or tribunal of competent jurisdiction, such term or provision will be enforced to the maximum extent permitted by law and, in any event, such illegality or invalidity shall not affect the validity of the remainder of this agreement.
Class Action Waiver
Any arbitration under these Terms and Conditions will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and Gig Workers Universe, LLC agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.
Liability Disclaimer
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. GIG WORKERS UNIVERSE, LLC AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.
GIG WORKERS UNIVERSE, LLC AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. GIG WORKERS UNIVERSE, LLC AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL GIG WORKERS UNIVERSE, LLC AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF GIG WORKERS UNIVERSE, LLC OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.
Termination/Access Restriction
Gig Workers Universe, LLC reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of Florida and you hereby consent to the exclusive jurisdiction and venue of courts in Florida in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and Gig Workers Universe, LLC as a result of this agreement or use of the Site. Gig Workers Universe, LLC’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Gig Workers Universe, LLC’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by Gig Workers Universe, LLC with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Gig Workers Universe, LLC with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Gig Workers Universe, LLC with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.
Changes to Terms
Gig Workers Universe, LLC reserves the right, in its sole discretion, to change the Terms under which gigworkersuniverse.com is offered. The most current version of the Terms will supersede all previous versions. Gig Workers Universe, LLC encourages you to periodically review the Terms to stay informed of our updates.
Contact Us
Gig Workers Universe, LLC welcomes your questions or comments regarding the Terms:
Gig Workers Universe, LLC 2621 Jaeger Dr. Delray Beach, Florida 33444
Effective as of September 28, 2023
