Terms of Service

Acceptance Of The Terms Of Use

Welcome to www.gigmarket.com (GM), a company of HUSTLR, Inc’s Service, which may be accessed through GM's mobile application for iOS and Android devices and its Website and which allows service providers and people in need of chores and small jobs being performed at their residence or place of business to connect. These Terms of Use are intended to explain our obligations in respect to the Service. Please read them carefully

These Terms of Use are binding on any use of the Service, the App and the Website and apply to you from and after the time you access the Service as a guest or registered user.

By installing the App, by otherwise accessing or using any aspect of the System, or by clicking to accept or agree to these Terms of Use if this option is made available to you, you acknowledge that you have read, understood and agree to these Terms of Use and our GM privacy policy, found at www.gigmarket.com (“Privacy Policy”). You are deemed to have agreed to these Terms of Use on behalf of any entity for whom you use the Service. If you do not agree to this Agreement, you may not access or use the System.

By installing the App, clicking to accept or agree to these Terms of Use, or by otherwise accessing and using any aspect of the System, you represent and warrant that: (a) you are at least 18 years old, are of legal age to form a binding contract with GM in the jurisdiction in which you reside, and are otherwise capable of entering into binding contracts; (b) you have the right, authority and capacity to enter into this Agreement; and (c) if you are using the System on behalf of a company, entity, or other organization, then you represent and warrant that you are an authorized representative of that entity with the authority to bind that entity to these Terms of Use, and agree to be bound by these Terms of Use on behalf of that entity. If you do not meet all of these requirements or agree to be bound by the terms and conditions of these Terms of Use you must not use or access the System or the Services.

ANY DISPUTES SHALL BE HANDLED IN THE MANNER SPECIFIED IN SECTION 34 BELOW.

GM grants you the right to access and use the Service via the System with the particular user roles available to you according to your subscription type. This right is non-exclusive, non-transferable, and limited by and subject to this Agreement. You acknowledge and agree that, subject to any applicable laws:

1. The System is licensed to you, not sold to you, and you may use the System only as set forth in these Terms of Use.
2. The use of the System may be subject to separate third-party terms of service and fees, including, without limitation, such terms of service and fees imposed by your mobile network operator (the “Carrier”), including fees charged for data usage and overage, which are your sole responsibility.
3. Except as otherwise provided below, the System is provided “as is” without warranties of any kind, and GM’s liability to you is limited regarding the performance of Services; d. You consent to the collection, use, and disclosure of your personally identifiable information in accordance with the Privacy Policy.
4. Access to certain features of the System may require access to information about the location of your device, such as GPS coordinates.
5. You agree not to circumvent the System by scheduling and/or paying for services outside the System.
6. GM 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 System for our business purposes, including to provide and improve customer service and the System, fraud prevention, and to identify violations of this Agreement.
7. You agree to and acknowledge the “Notice Regarding Apple” in Section 38 below.
8. You agree that all information you provide to register with the System or otherwise, including but not limited to through the use of any interactive features on the System, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.
9. All disputes arising under these Terms of Use will be resolved through binding arbitration. By accepting this Agreement, you and GM are each waiving the right to a trial by jury or to participate in a class action.

The System provides a system through which Providers and Customers can locate each other in order to coordinate the performance of Projects. Each User shall create an account that enables such User to access the System. In addition to a User account, Providers must have their Worker account approved prior to accessing the Worker functions through their User account. It is up to the Providers to decide whether to contract to perform the Project Services to Customers contacted through the System.

We may revise and update these Terms of Use from time to time in our sole discretion. Please check these Terms of Use periodically for changes. If a change to these Terms of Use materially modifies your rights or obligations, you will be required to accept the modified Terms of Use to continue to use the System. Material modifications are effective upon your acceptance of the modified Terms of Use. Immaterial modifications are effective upon publication. Disputes arising under the Terms of Use will be resolved in accordance with the version of the Terms of Use that was in effect at the time the dispute arose.

Unless otherwise disclosed, Providers are deemed to be unlicensed. Please note that in certain jurisdictions Worker may be required to have a license to perform certain Project Services. It is the responsibility of the Customers must determine for themselves whether a Worker is qualified to perform the requested Project Services. Customers should consult their state or local requirements to determine whether certain Project Services are required to be performed by a licensed professional.

1. The customer assumes the obligation and risks arising from communicating and/or contracting with and contract with any worker or prospective worker. any decision by a customer to communicate or contract with any worker or prospective worker is deemed to have been made in such customer’s sole discretion. each service provided by a worker to a customer shall constitute a separate agreement between that worker and customer. git is not a party to any such agreement. providers are not employees or subcontractors of git or otherwise affiliated with git except as users of the system. GM does not perform any background checks on any worker and does not make any representations or warranties about any worker, the integrety of such worker or the quality of such worker’s abilities. GM is not responsible for the performance of any worker, nor does it have control over or make representations regarding the quality, timing, legality, failure to provide, or any other aspect whatsoever relating to any project services.
2. Git does not have control over the quality, timing or legality of services delivered by providers. git has no responsibility or liability for any services provided to customers by providers, including, but not limited to, any warranty or condition of good and workmanlike services, warrant of fitness for a particular purpose or compliance with any law, regulation or code. except as otherwise set forth herein, git is not affiliated with, endorsed or sponsored by any worker.

1. GM does not check the backgrounds of any Worker. As such, GM does not check as to whether a Worker appears on any sex offenders’ registry, federal, state, or local criminal records registry, or domestic and international terrorist watch list registry. GM only requires each Worker to submit to GM a government-issued photo ID and a profile picture but cannot confirm that each Worker is who they claim to be, and therefore, GM cannot and does not assume any responsibility for the accuracy or reliability of the identity information or any information provided through the Service.
2. You acknowledge and agree that git is not liable for damage that might arise out of your communicating or contractign with, or using, of any worker. git is not responsible for the conduct, whether online or offline, of any user including providers, and will not be liable for any claim, injury or damage arising in connection with any services. Each User should exercise caution and common sense to protect their personal safety and property, just as you would when interacting with any person with whom you do not know. GM’s sole liability with respect to the Services performed by Providers shall not exceed the amount that you have paid for the Services.

The Worker assumes the obligation and risks to communicate with and contract with any Customer or prospective Customer. All decisions by a Worker to communicate or contract with any Customer or prospective Customer is deemed to have been made in such Worker’s sole discretion. GM is not a party to any Agreement between a Worker and Customer. Customers are not affiliated with GM except as Users of the System. GM does not perform any background checks on any Customer and does not make any Representations or warranties about any Customer, the Customer’s integrity or credit worthiness. Each Worker must make an independent judgement as to whether to contract with any Customer as to and Project Service.

The Worker The Worker has the sole responsibility to determine the price of any Project Services and to collect any fees due for such Project Services.

The Users acknowledge and agree that the GM System will not be used to advertise, contract for or perform any of the following as services (collectively, the "Excluded Services"):

1. Services that require a permit, including, but not limited to, remodeling, plumbing and electrical projects.
2. Services that requires a license or certificate other than a business license or registration of an entity as a corporation or limited liability company.
3. Services that are professional services, including, but not limited to, services performed by lawyers, actuaries, accountants, architects, engineers, health professionals, medical professionals, financial advisers, management consultants, or investment advisors.
4. Services related to childcare (e.g., babysitting), eldercare or lifeguarding services.
5. Services that are performed more than 10 feet above the ground.
6. Services that make the User unsafe or uncomfortable.
7. Services that involve the handling of weapons, explosives or hazardous materials.
8. Services that involve the transportation of and ridesharing among our Users in any type of motor vehicle, aircraft or water craft.
9. Any Service that is illegal or criminal in nature in the state or locality in which it is posted or takes place.

Users of the GM System contract for the Services directly with other Users. GM is not a party to any contracts for the Services. The GM System facilitates these contracts by supplying a medium through which Customers can connect with Providers, schedule the Services, and make payments for the Services directly from the Customer to the Provider:

1. Payment Processing Service: To pay for the Services, each User is required to register a credit card and each Provider is required to register using the Provider's bank account details. You authorize us and the payment processing service retained by us to facilitate the transaction of the Services and the payment remittance of all applicable charges and fees between you and other Users and between you and us. All payments transacted through our processor shall be subject to the processors processing agreement. By agreeing to this Agreement, you agree to be bound by the processor’s agreement, as the same may be modified by the processor from time to time.
2. Customer Payments: As a Customer, we will charge your credit card according to the agreed amount to be paid for the Services you scheduled through the GM System. You hereby authorize us to charge the credit card on file in your account for such amounts.
3. Provider Payments: As a Provider, upon your satisfactory performance a Project for the Customers, and upon the Customer’s payment for such Services, you will receive the agreed upon payment amount (collectively, the "Provider Payment"). GM will process all Provider Payments due to you through its third-party payments processor.

GM does not currently charge either the Worker or Customer any access or subscription fee to use the System. GM reserves the right to charge access or subscription fees in the future.

To help maintain the quality of the System, Users (both Providers and Customers) will have the opportunity to rate each other after the completion of Services. If you rate your Worker or Customer with less than 3 stars, such User will be excluded from your future Service requests. Customers will see Worker ratings before selecting a Worker for a job so each rating a Customer gives can have an impact on that Worker's future on the System. In addition, Customers with a low star rating may not have their requests accepted.

1. By becoming a User, you expressly consent and agree to accept and receive electronic and other communications from us, including via email, text message, calls, and push notifications to the telephone number or email address you provided to us, as further described in our Privacy Policy. If you wish to opt out of promotional emails, text messages, or other communications, you may opt out by following the unsubscribe options provided to you in such promotional communications. You may opt out of receiving non-promotional communications from us at any time by deactivating your account. You may continue to receive text messages for a period of time while we work to deactivate your account, and you may also receive text messages confirming the deactivation of your account. You consent to receive autodialed or prerecorded calls from us at the telephone number that you have provided to us to: (a) facilitate communications among Users; or (b) otherwise provide our services or enforce these Terms of Use. You are not required to provide your consent to these calls as a condition of purchase on the System. Standard telephone minute charges may apply.
2. 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 System for our business purposes, including to provide and improve customer service and the System, fraud prevention, and to identify violations of this Agreement.

To schedule and accept Services, you must possess an iOS or Android smartphone capable of accessing the System (the "Mobile Device"). As a Worker, you hereby acknowledge and consent to GM's collection of such information as is provided by your smartphone and carrier to determine the location of your Mobile Device at any time when you have initiated the GM MODE through the App ("Location Information") so that we can provide our services to the Users. For example, we may collect Location Information for the purpose of providing support in case any Worker and Customer cannot find each other and ending upon your notification to the Customer and GM that you arrived at the Service location by selecting "I'm Here!" or the equivalent on the App. In addition, while in Worker mode, GM collects the Location Information of the Mobile Device on which the System is installed for other purposes, including for the purpose of referring Services to you from potential Customers in your vicinity, protecting the safety of Customers and Providers, and for legal purposes (such as to enforce our agreements). GM does not collect or use Location Information 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 System to book Services. By executing this Agreement, you agree to the use and disclosure of Location Information as described above.

We reserve the right to withdraw or amend the System, and any service we provide on the System in our sole discretion without notice. We will not be liable if for any reason that all or any part of the System is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the System, or the entire System, to Users for any reason or no reason.

You are responsible for:

1. Making all arrangements necessary for you to have access to the System.
2. Ensuring that all persons who access the System through your account are aware of this Agreement and comply with them.

1. If you choose, or are provided with, a user name, password or any other piece of information as part of our security procedures, you must treat such information 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 the System or portions of it using your user name, password or other security information, including Third Party Site Password. 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 are solely responsible for maintaining the confidentiality of your account and password, and you accept responsibility for all activities that occur under your account. 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.
2. We have the right to disable any user name, password or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of this Agreement.
3. Acknowledgment: You acknowledge and understand that:
   1. Third parties, including, individuals, companies, governments and nation states are constantly attempting to gain access to computers and websites, and are constantly developing new and more sophisticated delivery systems to be able to intrude through any IDS or IPS that has been developed. As such, you acknowledge and agree that the Service may not be able to prevent an intrusion into your computer system and data, and therefore you assume all risk associated with any such intrusion.
   2. GM cannot and does not guaranty the success of its Service, and that it only has to use commercially reasonable efforts to prevent an intrusion into your system and data.
   3. You are authorized to use the Service and that you are authorized to access the processed information and Data that is made available to you through your use of the Service (whether that information and Data is your own or that of anyone else).
   4. The provision of, access to, and use of, the Service is on an “as is” basis and at your own risk.
   5. GM does not warrant that the use of the Service will be uninterrupted or error free. Among other things, the operation and availability of the systems used for accessing the Service, including computer networks and the Internet, can be unpredictable and may from time to time interfere with or prevent access to the Service. GM is not in any way responsible for any such interference or prevention of your access or use of the Service. It is your responsibility to maintain internet access that is compatible with the Service.
   6. It is your sole responsibility to determine that the Service meet the needs of your business and are suitable for the purposes for which they are used.
   7. Any configurations of the Service (such as dashboards, system settings, and knowledge base contents, computations, etc.) supplied by GM are for your convenience only, and it is solely up to you to determine if they are suitable for the purposes for which they are used.
4. Attacks On Data: You acknowledge that some security breaches involve attacks on data. For example, there are some viruses or ransomware or other malware that (i) delete or destroy your data (sometimes individual files, but sometimes even an entire disk by corrupting a master boot record or other key element); (ii) modify your files; and (iii) encrypt files on your drive. The best way to protect yourself from these types of attacks is frequent back-ups of your data to another device/location. By doing so, you will have another copy of the data that the attacking software has deleted, modified or destroyed. While GM uses commercially reasonable efforts to prevent an intrusion that may involve viruses, malware or ransomware, it is your sole and exclusive responsibility to back-up all data and files on your devices so that they can be restored in the event of an attack on your data. Without such back-up it may not be possible to restore the deleted/destroyed/modified data. GM will have no liability for loss of or recovery of data, or files or loss of use of systems or networks arising from attacks on data.

1. Limitations Of Damages: You acknowledge that some security breaches involve attacks on data. For example, there are some viruses or ransomware or other malware that (i) delete or destroy your data (sometimes individual files, but sometimes even an entire disk by corrupting a master boot record or other key element); (ii) modify your files; and (iii) encrypt files on your drive. The best way to protect yourself from these types of attacks is frequent back-ups of your data to another device/location. By doing so, you will have another copy of the data that the attacking software has deleted, modified or destroyed. While GM uses commercially reasonable efforts to prevent an intrusion that may involve viruses, malware or ransomware, it is your sole and exclusive responsibility to back-up all data and files on your devices so that they can be restored in the event of an attack on your data. Without such back-up it may not be possible to restore the deleted/destroyed/modified data. GM will have no liability for loss of or recovery of data, or files or loss of use of systems or networks arising from attacks on data.
2. Attacks On Data: Git shall not be liable to you, or any third party in respect to your use of the service, for any incidental, special, indirect, consequential or punitive damages of any character, including without limitation, damages for loss of business or good will, work stoppage, loss of information or data, loss of revenue or profit, or computer failure, or other finanacial loss, regardless of the legal theory asserted, whether based on breach of contract, breach of warranty, tort (including negligence), sofware liability, or otherwise, and even if git has been advised of the possibility of such damages, git was grossly negligent, and even if a remedy set forth therein is found to have failed of its essential purpose.
   Some jurisdictions do not permit the exclusion or limitation of liability for consequential or incidental damages, and, as such, some portion of the above limitation may not apply to you. In such jurisdictions, GM' liability is limited to the greatest extent permitted by law.
3. Exclusive Remedy: If you are not satisfied with the Service, your sole and exclusive remedy is to terminate these Terms of Use in accordance with Clause.

1. General Obligations: You must only use the Service and System for your own lawful internal business purposes, in accordance with these Terms of Use and any notice sent by GM or condition posted on the Website.
   You may not use the Service to gain competitive information about GM or the Service.
   You may not use this Service to provide any IDS or IPS services to any other person or entity other than the Subscriber unless agreed in writing by GM.
2. Access Conditions:
   1. You must ensure that all usernames and passwords required to access the Service are kept secure and confidential. You must immediately notify GM of any unauthorized use of your passwords or any other breach of security and you must take all other actions that GM reasonably deems necessary to maintain or enhance the security of GM’s computing systems and networks and your access to the Service. You agree to change your password on a regular basis and if you feel than any unauthorized use of your passwords or toerh breach of security has occurred
   2. As a condition of these Terms of Use, when accessing and using the Service, you must:
      1. Not attempt to undermine the security or integrity of GM’s computing systems or networks or, where the Service is hosted by a third party, that third party’s computing systems and networks.
      2. Not use, or misuse, the Service in any way which may impair the functionality of the Service or System, or other systems used to deliver the Service or impair the ability of any other user to use the Service or System.
      3. Not attempt to gain unauthorized access to any data or materials other than those to which you have been given express permission to access or to the computer system on which the Service is hosted.
      4. Not transmit, or input into the System, any files that may damage any other person’s computing devices or software, content that may be offensive, or material or Data in violation of any law, rule or regulation (including Data or other material protected by copyright or trade secrets which you do not have the right to use).
      5. Not reverse engineer, decompile, or disassemble the Software, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.
      6. Not publish, display, rent, lease, modify, loan, distribute, or create derivative works based on the System or any part thereof.
      7. Not attempt to hack into, infiltrate, or otherwise gain unauthorized access to the System or Website.
      8. Not remove any proprietary notices or labels from the System.
      9. Not use the System for any unlawful purpose or in a way not permitted by this Agreement.
      10. Not use the System the Service or any of its content for any reason, including for the purpose of (a) building a competitive product or service, (b) building a product using similar ideas, features, functions or content of the Service, or (c) copying any ideas, features, functions, or content of the Service.
      11. Not modify, translate or make derivative works in whole or in part based upon the System, including removal or obliteration of any proprietary notice or any credit-line or date-line included in the Service.
      12. Not attempt to undermine the security or integrity of GM’s computing systems or networks or, where the Service is hosted by a third party, that third party’s computing systems and networks.
3. Usage Limitations: Your use of the Service may be subject to limitations, including but not limited to bandwidth usage, data access and feature sets.
4. Communication Conditions: As a condition of these Terms of Use, if you use any communication tools available through the System (such as email, chat, file notes, text messages, forums), you agree only to use such communication tools for lawful and legitimate purposes. you must not use any such communication tool for posting or disseminating any material unrelated to the use of the Service, including (but not limited to): offers of goods or services for sale (other than in respect to any Project), unsolicited commercial e-mail, files that may damage any other person’s computing devices or software, content that may be offensive, or material in violation of any law (including material that is protected by copyright or trade secrets which you do not have the right to use).
   When you make any communication on the Website, you represent that you are permitted to make such communication. GM is under no obligation to ensure that the communications on the Website are legitimate or that they are related only to the use of the Service. As with any other web-based service, you must exercise caution when using the communication tools available on the Website. However, GM does reserve the right to remove any communication at any time in its sole discretion.
5. Indemnity: You agree to indemnify and hold GM harmless against: all claims, costs, damage and loss (including attorney’s fees) arising from your breach of any of these Terms of Use or obligations, or any act or omission by you. You agree to pay all attorney’s fees and costs incurred by GM to collect any Access Fees that are due but have not been paid by you.

1. The System is licensed, not sold, to you for use only under these Terms of Use. Subject to your complete and ongoing compliance with the terms and conditions of these Terms of Use, GM hereby grants you a personal, limited, revocable, non-transferable, non-exclusive, non-commercial, non-sublicensable license to: (a) use the App on compatible, authorized devices that you own or control; and (b) access and use the Website and Internet Services-in each case solely for your own use or for the entity on whose behalf you are authorized to act.
2. You may not modify, alter, reproduce, or distribute the System. You may not directly rent, lease, lend, sell, redistribute, or sublicense the System. You must not decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of any portion of the System, any updates, or any part thereof (except as and only to the extent any foregoing restriction is prohibited by applicable law or the terms of any Third Party Service), nor attempt to disable or circumvent any security or other technological measure designed to protect the System or any content available through the System.
3. The System 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 GM, 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.
4. You must not:
   1. Use any illustrations, photographs, video or audio sequences or any graphics separately from the accompanying text.
   2. Delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from this site.
   3. Modify copies of any materials from this site.
5. Except as permitted herein, you must not access or use for any commercial purposes any part of the System or any services or materials available through the System.
6. If you breach these license restrictions or otherwise exceed the scope of the licenses granted in these Terms of Use, then you may be subject to prosecution and damages, as well as liability for infringement of intellectual property rights, your right to use the System will cease immediately, and you must, at our option, return or destroy any copies of the materials you have made. No right, title or interest in or to the System or any content on the System is transferred to you, and GM reserves all rights not expressly granted. Any use of the System not expressly permitted by this Agreement is a breach of this Agreement and may violate copyright, trademark and other laws.

GM complies with the provisions of the Digital Millennium Copyright Act applicable to Internet service providers (17 U.S.C. §512, as amended). If you have an intellectual property rights-related complaint about material posted on the System, you may contact our Designated Agent at GM, Inc., Attn: Copyright Compliance Team, 8607 Westwood Center Drive, Suite 250, Vienna, VA 22182 or [email protected].
Any notice alleging that materials hosted by or distributed through the System infringe intellectual property rights must include the following information:

1. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other right being infringed; b. a description of the copyright-protected work or other intellectual property right that you claim has been infringed.
2. A description of the copyright-protected work or other intellectual property right that you claim has been infringed.
3. A description of the material that you claim is infringing and where it is located on the System.
4. Your address, telephone number, and email address.
5. A statement by you that you have a good faith belief that the use of those materials on the System is not authorized by the copyright owner, its agent, or the law.
6. A statement by you that the above information in your notice is accurate and that, under penalty of perjury, you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.

Repeat Infringers. GM will promptly terminate without notice the accounts of Users that are determined by GM to be "Repeat Infringers" to the fullest extent permitted under applicable law. A Repeat Infringer is a User who has been notified of infringing activity more than once or has had User Contributions removed from the System at least twice.

1. The System may contain profiles and other interactive features (collectively, "Interactive Services") that allow Users to post, submit, publish, display or transmit to other Users (hereinafter, "post") content, photographs, images, or other related materials (collectively, "User Contributions") on or through the System, including User-supplied profile pictures and job/service-related photos.
2. Any User Contribution you post to the site is subject to the governing provisions set forth in our Privacy Policy. User Contributions will be considered non-confidential and non-proprietary. By providing any User Contribution on the System, you hereby grant us and our 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. By posting or sharing User Contributions with other Users, to the fullest extent permitted under applicable law, you grant those Users a non-exclusive license to access and use those User Contributions as permitted by these Terms of Use and the functionality of the System.
3. You represent and warrant that:
   1. You own or control all rights in and to the User Contributions and have the right to grant the licenses granted above to us and our licensees, successors and assigns and other Users.
   2. Your User Contributions, and the use of your User Contributions as contemplated by these Terms of Use, do not and will not: (i) infringe, violate, or misappropriate any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (ii) slander, defame, libel, or invade the right of privacy, publicity or other property rights of any other person; (iii) be obscene, contain nudity, be harmful to minors, infected with viruses that are intended to detrimentally interfere with any date, or liability inducing to GM; or (iv) cause GM to violate any law or regulation.
   3. All of your User Contributions do and will comply with this Agreement. You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not GM, are fully responsibility for such content, including its legality, reliability, accuracy and appropriateness.
4. 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 System.
5. In exchange for the right to use the System, Users who post their User Contributions hereby irrevocably grant to GM the following rights in connection with the display, distribution, transmission, or broadcasting on any media, including the Internet, of their User Contributions in connection with the System:
   1. The right to use User Contributions in the advertising, marketing, and/or publicizing of the System to perform and improve upon the System.
   2. The right to exercise all copyright, publicity rights, and any other rights therein.
6. Such right applies in any media now known or not currently known, and such right is hereby deemed to be perpetual, non-exclusive, unrestricted, royalty-free, worldwide, irrevocable, transferable, and sub-licensable (through multiple tiers). User hereby releases GM from (and shall not bring any) proceeding, whether now known or unknown, for defamation, invasion of right to privacy, publicity or personality or any similar matter, or based upon the use of your User Contributions.

1. Remove or refuse to post any User Contributions for any or no reason in our sole discretion.
2. Take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion, including if we believe that such User Contribution violates the Terms of Use, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of Users of the System or the public or could create liability for GM.
3. 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.
4. Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the System.
5. Terminate or suspend your access to all or part of the System for any or no reason, including without limitation, any violation of this Agreement.

Without limiting the foregoing, we have the right to fully cooperate 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 System. You waive and hold harmless git and its affiliates, licensees and service providers from any claims resulting from any action taken by any of the foregoing parties during or as a result of its investigations and from any actions taken as a consequence of investigations by either such parties or law enforcement authorities.
To the fullest extent permitted under applicable law, we are under no obligation to edit or control User Contributions that you or other Users post or publish, and we expressly disclaim any and all liability in connection with User Contributions. GM may, at any time and without prior notice, screen, remove, edit, or block any User Contributions that in our sole judgment violates these Terms of Use or are otherwise objectionable. You understand that when using the System you will be exposed to User Contributions from a variety of sources and acknowledge that User Contributions may be inaccurate, offensive, indecent, or objectionable. You agree to waive, and do waive, any legal or equitable right or remedy you have or may have against GM with respect to User Contributions.

We understand that occasionally disputes may arise between or among our Users. In the event a dispute initiated by either a Worker or a Customer cannot be resolved independently, you hereby agree, at GM’s 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 GM or a neutral third-party mediator or arbitrator selected by GM. Notwithstanding the foregoing, you acknowledge and agree that GM is under no obligation to become involved in or impose resolution in any dispute between or among Users or any third party.

1. Insurance: As a Worker, we strongly recommend that you maintain in full force and effect adequate providers' compensation (or, if permitted by law, occupational accident insurance), unemployment, liability, and other forms of insurance with policy limits sufficient to protect your from any losses resulting from the conduct, acts, or omissions of you or your assistants, agents, contractors, servants, or employees.
2. Worker Assistants: Before any Services are performed by any assistants, helpers, subcontractors or other personnel engaged by a Worker, the Worker shall require any such individuals to become a registered, approved Worker on the System pursuant to GM policies as described herein. Workers that utilize non-registered, non-approved personnel to assist with a Service could have their permission to access the System revoked. Each Worker assumes full and sole responsibility for the payment of all compensation, benefits and expenses of helpers, assistants, subcontractors and/or other personnel, if any, and for all required and applicable state and federal income tax withholdings as to the Worker and all persons engaged by the Worker in the performance of the Services.
3. Equipment: As a Worker, you are solely responsible for any costs or expenses incurred by you in connection with the performance of the Services, and in no event shall GM reimburse, or be required to reimburse, you for any tools, materials, costs or expenses used in connection with the Services. You shall furnish and maintain, at your own expense, the tools, equipment, supplies, and other materials used to perform the Services. You, at your sole discretion, shall determine what equipment, supplies, and materials are necessary to perform the Services, and where, when, and at what cost, to purchase or maintain any necessary equipment, supplies, tools, and materials.
4. Representations: By providing Services as a Worker on the System, you represent, warrant, and agree that: (i) you are solely responsible for obtaining the necessary licenses and/or certifications for performance of the Services or Additional Services; (ii) you will not transfer or sell your User account, password and/or identification to any other party; (iii) you will be solely responsible for any and all liability that results from or is alleged as a result of your provision of Services, including, but not limited to personal injuries, death and property damages; (iv) you will comply with all applicable laws, rules and regulations while providing Services, and you will be solely responsible for any violations of such provisions; (v) you will pay all applicable federal, state and local taxes based on your provision of Services and any payments received by you; (vi) you will not attempt to defraud GM or a Customer in connection with your provision of Services or Additional Services; and (vii) you will not demand that a Customer pay in cash, or use a credit card reader or other off-System payment service, to accept payment for Services or engage in any other activity in a manner that is inconsistent with your obligations under this Agreement.
5. Reimbursement of Resolution Costs: Notwithstanding anything set forth herein to the contrary, you further represent, warrant, and agree (i) to pay all reasonable out-of-pocket expenses incurred by GM in connection with the resolution of any property damage or other claims resulting from a Service you performed for a Customer, and (ii) that GM shall have the right to suspend your Worker account until it has received payment in full for all such reimbursable amounts.
6. Non-Circumvention: Within six (6) months after the last time Worker provides Services to a Customer as arranged though the System, Worker agrees not to provide any services to the same Customer other than as arranged through the System. Worker shall be liable for the fees set forth in Section 4 for all services provided to Customers in breach of the previous sentence, in addition to all other remedies provided by this Agreement and applicable law, including injunctive relief. Worker agrees to indemnify GM from any attorneys’ fees and costs it incurs in collecting its fees from a Worker that breaches this non-circumvention provision.
7. No Direct Communication with Customer: For a period of six (6) months from the later of the date you first learned the identity of a Customer or you completed a Project for the Customer, all communications between you and any Customer to arrange for any Projects, and the payment for any such Projects, must be through the GM system.

1. Access to Third Party Services: The System may provide you with access to third-party websites, databases, networks, servers, information, software, programs, systems, directories, applications, products or services, (collectively, "Third Party Services"), and may enable you to export information or content, including your or other Users’ User Contributions, to Third Party Services through a feature of the System. By using one of these features, you agree that GM may transfer that information or User Contribution to the applicable Third Party Service. GM does not have or maintain any control over Third Party Services and is not and cannot be responsible for their content, operation or use. By linking or otherwise displaying information from or providing access to any Third Party Services, GM does not give any representation, warranty or endorsement, express or implied, with respect to the legality, accuracy, quality or authenticity of content, information or services provided by those Third Party Services.
2. Disclaimer of Liability for Third Party Services: Third Party Services may have their own terms of use and privacy policy, and your use of the System may incur third-party fees, such as fees charged by your mobile carrier for data usage. You are solely responsible for reviewing and complying with any terms of use, privacy policy or other terms governing your use of Third Party Services, and you are solely responsible for all Third Party Services’ fees incurred by you for use of the System. You are solely responsible for taking the precautions necessary to protect yourself from fraud when using Third Party Services and to protect your computer systems from viruses, worms, trojan horses and other harmful or destructive content that may be included on or with any Third Party Services. GM disclaims any and all responsibility or liability for any harm resulting from your use of Third Party Services, and you hereby irrevocably waive any claim against GM with respect to any Third Party Services.
3. Additional Notice for Google Maps: The System may provide access to Google's Maps service. By using the System and accessing the Google's Maps service, you are explicitly agreeing to be bound by all applicable Google terms of use.
4. Representations: By providing Services as a Worker on the System, you represent, warrant, and agree that: (i) you are solely responsible for obtaining the necessary licenses and/or certifications for performance of the Services or Additional Services; (ii) you will not transfer or sell your User account, password and/or identification to any other party; (iii) you will be solely responsible for any and all liability that results from or is alleged as a result of your provision of Services, including, but not limited to personal injuries, death and property damages; (iv) you will comply with all applicable laws, rules and regulations while providing Services, and you will be solely responsible for any violations of such provisions; (v) you will pay all applicable federal, state and local taxes based on your provision of Services and any payments received by you; (vi) you will not attempt to defraud GM or a Customer in connection with your provision of Services or Additional Services; and (vii) you will not demand that a Customer pay in cash, or use a credit card reader or other off-System payment service, to accept payment for Services or engage in any other activity in a manner that is inconsistent with your obligations under this Agreement.
5. Reimbursement of Resolution Costs: Notwithstanding anything set forth herein to the contrary, you further represent, warrant, and agree (i) to pay all reasonable out-of-pocket expenses incurred by GM in connection with the resolution of any property damage or other claims resulting from a Service you performed for a Customer, and (ii) that GM shall have the right to suspend your Worker account until it has received payment in full for all such reimbursable amounts.
6. Non-Circumvention: Within six (6) months after the last time Worker provides Services to a Customer as arranged though the System, Worker agrees not to provide any services to the same Customer other than as arranged through the System. Worker shall be liable for the fees set forth in Section 4 for all services provided to Customers in breach of the previous sentence, in addition to all other remedies provided by this Agreement and applicable law, including injunctive relief. Worker agrees to indemnify GM from any attorneys’ fees and costs it incurs in collecting its fees from a Worker that breaches this non-circumvention provision.
7. No Direct Communication with Customer: For a period of six (6) months from the later of the date you first learned the identity of a Customer or you completed a Project for the Customer, all communications between you and any Customer to arrange for any Projects, and the payment for any such Projects, must be through the GM system.

Software you download in connection with the System consists of a package of components that may include certain third-party software ("Third Party Software") provided under separate license terms (the "Third Party Terms"). Your use of the Third Party Software in conjunction with the System in a manner consistent with these Terms of Use is permitted; however, you may have broader rights under the applicable Third Party Terms, and nothing in these Terms of Use is intended to impose further restrictions on your use of the Third Party Software.

We may update the content on this System from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the System may be out of date at any given time, and we are under no obligation to update such material.

All information we collect on this System is subject to our Privacy Policy. By using the System, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

1. Confidentiality: You agree that all parts of the Service, are confidential and constitute trade secrets and proprietary property of GM and its licensors. Unless you have the prior written consent of GM or unless required to do so by law:
   1. You will preserve the confidentiality of all Confidential Information of GM obtained in connection with these Terms of Use and the Service. You will not, without the prior written consent of GM, disclose or make any Confidential Information available to any person, or use the same for its own benefit, other than as contemplated by these Terms of Use.
   2. Your obligations under this clause will survive termination of these Terms of Use.
   3. The provisions of the confidentiality clauses above shall not apply to any information which:
      1. Is or becomes public knowledge other than by a breach of this clause.
      2. Is received from a third party who lawfully acquired it and who is under no obligation restricting its disclosure.
      3. Is in the possession of the receiving party without restriction in relation to disclosure before the date of receipt from the disclosing party.
      4. Is independently developed without access to the Confidential Information.
   4. Notwithstanding, GM shall have the right to disclose any data or other information acquired by it through your use of the Service and Website in order to comply with any court order, subpoena, or as otherwise required by law.
2. Privacy: GM intends to maintain a privacy policy on its Website that sets out the parties’ obligations in respect of personal information. You should read that policy and you will be taken to have accepted that policy when you accept these Terms of Use. If the Privacy Policy cannot be located on the Website, please contact GM at [email protected] and request a copy.
3. No Competitive Purposes: You represent to GM that neither you nor any of your employees are presently, or will during the term of this Agreement, be engaged in the development of any security product or Service that will provide any of the Service’s capabilities, and you acknowledge that GM is granting you the right to use the Service and Website in reliance on such representation. You will not engage in any form of unfair competition with GM at any time whether during or after this Agreement.
4. Customer's Confidential Information: As a Worker, you understand that in performing the Services, you will receive certain private and/or confidential information regarding the Customer and will have access to their homes and personal belongings. Except upon order of government authority (e.g., court, administrative agency) having jurisdiction, or upon express written consent by the Customer, you agree that you shall not publish, disseminate or disclose, for your own benefit or the benefit of any third party, any confidential information regarding the Customer, including addresses, telephone numbers and/or financial information. You further agree not to engage in any activity which violates the privacy of any Customers, including, but not limited to, taking unauthorized photographs or making unauthorized audio or video recordings of Customers or their homes or their personal belongings; or publishing, disseminating or disclosing any such photographs or recordings. You acknowledge that your failure to comply with the foregoing shall constitute a material breach of this Agreement.

1. Authority: You warrant that the person who is agreeing to these Terms of Use has the have the authority to legally bind you to these Terms of Use, and you agree that by registering to use the Service and Website you are bound by all of the provisions of these Terms of Use.
2. Disclaimer: The Services provided by GM are provided “As Is”, without warranty of any kind to you or any third party, including, but not limited to, any express or implied warranties of:
   1. Merchantability or merchantability of the computer program.
   2. Fitness for a particular purpose, licensee's purpose, or system integration.
   3. Effort to achieve purpose.
   4. Quality.
   5. Accuracy of informational content.
   6. Non-infringement.
   7. Quiet enjoyment and title.
   8. Git makes no representation, warranty, or guaranty as to the reliability, timeliness, quality, suitability, truth, availability, accuracy or completeness of the service. git does not represent or warrant or guaranty that:
      1. The services will be failsafe, uninterrupted, or free from errors or defects, or that the service will protect against all possible security threats (including intentional misconduct by third parties).
      2. That there will be no malfunctions or other errors in the service caused by virus, infection, worm or similar malicious code not introduced or developed by git, or that the service will meet your requirements.
      3. The use of the service will be secure, timely, or operate in combination with any other hardware, software, system or data.
      4. The service will meet your requirements or expectations, or ensure your compliance with any applicable laws, rules or regulations, or with your security policies or requirements, or your compliance with any policies or requirements imposed by any third party.
      5. Errors or defects will be corrected or correctible.
      6. The service, or the server(s) or other technology that make the service available are free of viruses or other harmful components.
3. Acknowledgment: You acknowledge and understand that:
   1. Third parties, including, individuals, companies, governments and nation states are constantly attempting to gain access to computers and websites, and are constantly developing new and more sophisticated delivery systems to be able to intrude through any IDS or IPS that has been developed. As such, you acknowledge and agree that the Service may not be able to prevent an intrusion into your computer system and data, and therefore you assume all risk associated with any such intrusion.
   2. You are authorized to use the Service and that you are authorized to access the processed information and Data that is made available to you through your use of the Service (whether that information and Data is your own or that of anyone else).
   3. The provision of, access to, and use of, the Service and System is on an “as is” basis and at your own risk.
   4. GM does not warrant that the use of the Service and System will be uninterrupted or error free. Among other things, the operation and availability of the systems used for accessing the Service, including computer networks and the Internet, can be unpredictable and may from time to time interfere with or prevent access to the Service. GM is not in any way responsible for any such interference or prevention of your access or use of the Service or System. It is your responsibility to maintain internet access that is compatible with the Service.
   5. It is your sole responsibility to determine that the Service and System meet your needs and are suitable for the purposes for which they are used.
   6. Any configurations of the Service (such as dashboards, system settings, and knowledge base contents, computations, etc.) supplied by GM are for your convenience only, and it is solely up to you to determine if they are suitable for the purposes for which they are used.

You agree to defend, indemnify and hold harmless GM, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys' fees) arising out of or relating to your violation of this Agreement or your use of the System, including, but not limited to, any use of the System's content, Services and products other than as expressly authorized in this Agreement or your use of any information obtained from the System.

1. Compliance with Laws and Export Control: The parties will comply with all applicable laws, rules and regulations, including export laws, in its performance under this Agreement. In particular, you acknowledge and agree that the Service and other materials provided by GM are subject to regulation by U.S. Government agencies and other governmental authorities and you agree not to directly or indirectly export, re export or import any such materials without first obtaining all required licenses and permissions.
2. Entire agreement: These Terms of Use, together with the GM Privacy Policy and the terms of any other notices or instructions given to you under these Terms of Use, supersede and extinguish all prior agreements, representations (whether oral or written), and understandings and constitute the entire agreement between you and GM relating to the Service and the other matters dealt with in these Terms of Use.
3. Waiver: If either party waives any breach of these Terms of Use, this will not constitute a waiver of any other breach. No waiver will be effective unless made in writing.
4. Delays: Neither party will be liable for any delay or failure in performance of its obligations under these Terms of Use if the delay or failure is due to any cause outside its reasonable control. This clause does not apply to any obligation to pay money.
5. No Assignment: You may not assign or transfer any rights to any other person without GM’s prior written consent.
6. Governing law and Jurisdiction: The laws of the Commonwealth of Virginia law govern this Agreement and you submit to the exclusive jurisdiction and venue of the state courts of Richmond, Virginia or federal court sitting in Richmond, Virginia for all disputes arising out of or in connection with this Agreement.
7. Severability: If any part or provision of these Terms of Use is invalid, unenforceable or in conflict with the law, that part or provision is replaced with a provision which, as far as possible, accomplishes the original purpose of that part or provision. The remainder of this Agreement will be binding on the parties.
8. Notices: Any notice given under these Terms of Use by either party to the other must be in writing by email and will be deemed to have been given on transmission. Notices to GM must be sent to [email protected] or to any other email address notified by email to you by GM. Notices to you will be sent to the email address which you provided when setting up your access to the Service.
9. No Class Actions: to the fullest extent permitted under applicable law, you and git agree that each may bring claims against the other only in your or its individual capacity and not as a plaintiff or class member in any purported class or representative proceeding. Further, unless both you and GM 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, to the fullest extent permitted under applicable law.
10. No Agency: You and GM are independent contractors, and no agency, partnership, joint venture, employer-employee, contractor-subcontractor, or franchisor-franchisee relationship is intended or created by this Agreement.
11. Comments and Concerns: All other feedback, comments, requests for technical support and other communications relating to the System should be directed to: [email protected].

Except for a dispute that seeks solely equitable relief such as injunctive relief, if a dispute arises out of this contract, the Parties agree to arbitrate the dispute. The arbitration shall be administered and conducted by (The McCammon Group, Ltd.) according to its standard arbitration rules governing at the time one of the Parties initiates a claim. The fees for the arbitration services shall be borne equally by the Parties unless otherwise agreed. The law of (state) shall govern. (other provisions can be inserted here) Either (Any) Party may initiate an Arbitration pursuant to this Agreement to Arbitrate by delivering a copy of this Agreement to Arbitrate to The McCammon Group, Ltd. with a request that an Arbitration be initiated pursuant to this Agreement to Arbitrate. Such requests shall state the Claim giving rise to the Arbitration, and also the relief sought. Copies of these documents delivered to The McCammon Group, Ltd. by the initiating Party shall be sent to all other Parties within a reasonable time after the date on which the Arbitration is initiated.

1. If you are using our mobile applications on an iOS device, the terms of this Section 38 apply. You acknowledge that these Terms of Use are between you and GM only, not with Apple, and Apple is not responsible for the System or its content. Apple has no obligation to furnish any maintenance or support services with respect to the System. If the System fails to conform to any applicable warranty, you may notify Apple and Apple will refund any applicable purchase price for the mobile application to you; and, to the maximum extent permitted by applicable law, Apple has no other warranty obligation with respect to the System. Apple is not responsible for addressing any claim by you or any third party relating to the Service or your possession or use of the System, including: (a) product liability claims; (b) any claim that the System fails to conform to any applicable legal or regulatory requirement; and (c) claims arising under consumer protection or similar legislation.
2. Apple is not responsible for the investigation, defense, settlement, or discharge of any third-party claim that the System or your possession and use of the mobile application infringe that third party's intellectual property rights. You agree to comply with any applicable third-party terms when using the System. Apple and Apple's subsidiaries are third-party beneficiaries of Section 38 of these Terms of Use, and upon your acceptance of these Terms of Use, Apple will have the right (and will be deemed to have accepted the right) to enforce this Section 38 of these Terms of Use against you. You hereby represent and warrant that: (i) you are not located in a country that is subject to a U.S. Government embargo or that has been designated by the U.S. Government as a "terrorist supporting" country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.

I HEREBY ACKNOWLEDGE THAT I HAVE READ AND UNDERSTAND THE FOREGOING TERMS OF USE AND PRIVACY POLICY, AND AGREE THAT MY USE OF THE SYSTEM IS AN ACKNOWLEDGMENT OF MY AGREEMENT TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT.