Gravy Workforce Technologies, Inc. – Terms of Use

Last Updated:  September 19, 2018

Gravy Workforce Technologies, Inc., a Delaware corporation (“Gravy”), provides a technology enabled platform (the “Platform”) and related services (the “Services”) that connect hospitality and related industry employees (“Staff”) who work for one or more employers (each a “Staffing Company”) with businesses and individuals that seek to hire such workers for a variety of positions (each a “Client”).

The following Terms of Use (these “Terms of Use”) govern you, the user (“You,” “Your” and similar derivatives), and Your access to and use of the Platform and the Services, as well as other services that Gravy makes available on third-party websites, applications or platforms, as long as these Terms of Use are disclosed in connection with those services.

Some of the Terms of Use apply to You only if you are seeking work through the Platform, and are referred to as Staff Terms.  Other Terms of Use apply to You only if you are seeking to hire staff through the Platform, and are referred to as Client Terms.  Any terms not designated as Staff Terms or Client Terms apply to You in all cases.

By clicking on “I Agree” and/or by opening, accessing, browsing and/or otherwise using the Platform and/or the Services, You agree to be bound by these Terms of Use and all of the related policies or guidelines incorporated by reference within these Terms of Use, including without limitation any and all subsequent changes or modifications to any of them.  If You are using the Platform and/or the Services on behalf of a company or other legal entity, then You hereby agree to be individually bound by these Terms of Use regardless of any agreement that Your company may have with Gravy.  If You do not agree or object, then do not open, access, browse or otherwise continue to use the Platform and/or the Services.

PLEASE READ THESE TERMS OF USE AND GRAVY’S PRIVACY POLICY VERY CAREFULLY BEFORE USING THE PLATFORM AND/OR THE SERVICES, SINCE THESE MATERIALS CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES, LIABILITIES AND OBLIGATIONS.

ANY DISPUTE BETWEEN YOU AND GRAVY MUST BE RESOLVED BY INDIVIDUAL BINDING ARBITRATION.  PLEASE READ THE “DISPUTE RESOLUTION, ARBITRATION AND GOVERNING LAW” SECTION IN THESE TERMS OF USE, SINCE THIS PROVISION AFFECTS YOUR RIGHTS UNDER THIS BINDING CONTRACT.

NOTHING IN THESE TERMS OF USE IS INTENDED TO AFFECT YOUR RIGHTS UNDER THE LAW IN YOUR USUAL PLACE OF RESIDENCE.  IF THERE IS A CONFLICT BETWEEN THOSE RIGHTS AND THESE TERMS OF USE, THEN YOUR RIGHTS UNDER APPLICABLE LOCAL LAW SHALL PREVAIL.

ELIGIBILITY

You, as a user of the Platform and/or a recipient of the Services, hereby represent and warrant that: (i) You are at least eighteen (18) years of age, and (ii) You have the right, authority and capacity to enter into this binding contract and comply with all of the terms and conditions set forth in these Terms of Use.  Gravy makes an effort to advertise to individuals who are at least eighteen (18) years of age or older and will not knowingly collect any information from children under the age of thirteen (13).  However, Gravy is not responsible for any misrepresentations related to a user’s age and hereby reserves the right to terminate the account of any user of the Platform that Gravy believes has provided false information to Gravy and/or any of Gravy’s other users.

THE PLATFORM AND THE SERVICES ARE NOT DIRECTED TO, AND ARE NOT INTENDED FOR THE USE OF, CHILDREN UNDER THE AGE OF THIRTEEN (13).  IF YOU ARE UNDER THE AGE OF THIRTEEN (13), THEN DO NOT REGISTER AND/OR SUBMIT ANY PERSONAL INFORMATION TO THE PLATFORM.

USERS AND SUBSCRIPTION

Only User:  You hereby agree that (i) You shall be the sole user of Your account corresponding to the Platform, (ii) no other individuals are authorized to use Your account corresponding to the Platform, and (iii) You are responsible for all use of Your account and activity on the Platform.  You hereby agree to contact Gravy immediately upon discovering or suspecting unauthorized use of Your account corresponding to the Platform.

Information Provided by Users:  It is the responsibility of users of the Platform to provide accurate, timely, updated and complete information to Gravy when creating an account and using the Platform and/or any of the corresponding Services and Gravy is not responsible for any claims and/or disputes related to any incomplete, inaccurate or untimely information provided to Gravy by You.

Content Posted By You:  As to any content, information or other materials that You provide to and/or in connection with the Platform and/or the Services, You hereby represent and warrant that You have the right to use and share all such content, information and materials on the Platform.  You hereby irrevocably grant Gravy and Gravy’s affiliates, advertisers, promoters and distribution partners a perpetual, irrevocable, non-exclusive, worldwide, royalty-free, sub‑licensable and transferable (in whole or part) license to all copyrights, trademarks, patents, trade secrets, privacy and publicity rights, and other intellectual property rights that You own or control to use, reproduce, transmit, display, exhibit, distribute, index, comment on, modify, create derivative works based upon, perform and otherwise exploit any content, information or materials provided in any way to Gravy by You and You hereby agree that Gravy and Gravy’s affiliates, advertisers, promoters and distribution partners may use such content as Gravy determines to be appropriate, in Gravy’s sole and absolute discretion, all without further notice to You, with or without attribution, and without the requirement of any permission from and/or payment to You or to any other person or entity.  You, as a user of the Platform and/or user of the Services, are solely responsible for all content that You share, provide, produce, display, publish or disseminate to other users of the Platform, whether such action was taken by You or by Gravy.  Gravy reserves the right to delete any such content that, in Gravy’s sole and absolute discretion, violates these Terms of Use and/or that falls under the “Prohibited Activities” section set forth below.  If You are Staff, You hereby expressly authorize Gravy to use, forward or post Your profile and/or resume on other social media and internet platforms, websites and/or services.

Prohibited Activities:  In the interest of maintaining Your integrity and the integrity of the Platform and the Services, You hereby agree not to:

  • share, provide, produce, display, publish and/or disseminate to others content that:

o   is defamatory, abusive, obscene, profane, objectionable, offensive, libelous, sexually oriented, threatening, harassing or racially offensive;

o   is illegal or infringes and/or violates another user’s rights, promotes illegal activity, including without limitation copying the copyrighted works of another user of the Platform and/or recipient of the Services, provides instructional information about illegal activities, is inaccurate, false, out-of-date or misleading, including without limitation profile images that are not Your likeness or that misrepresent Your current or previous employment and qualifications;

o   is harmful or threatening to the safety of other users of the Platform and/or recipients of the Services;

o   promotes racism, bigotry, hatred and/or physical harm against any individual or group of individuals;

o   consists of “junk mail,” “chain letters” or “spamming”;

o   contains any restricted, password only or hidden pages or images;

o   contains any material targeted at individuals under the age of eighteen (18), including without limitation material that exploits such individuals in a sexual and/or violent manner and/or solicits personal information from them;

o   requests passwords, account information and/or personally identifying information for any commercial or unlawful purposes from another user of the Platform; and/or

o   engages in commercial activities and/or sales without Gravy’s prior written consent, including without limitation contests, sweepstakes, bartering, advertising and/or pyramid schemes;

  • impersonate another user and/or create an account corresponding to the Platform for anyone other than a natural person;
  • harass others in any way, including without limitation by stalking them;
  • expressly state or imply that any statements You or others make are endorsed by Gravy, unless you have the prior written consent of Gravy to do so;
  • use any software, application, program, device or process, including without limitation using any robot or spider, to gather, catalog or in any way duplicate or circumvent the structure and/or appearance of the Platform;
  • post, distribute, duplicate, infringe, remove or otherwise use any copyrighted materials, trademarks, brands, logos or other proprietary information or notices without obtaining the prior written consent of the owner of such rights;
  • disrupt and/or interfere in any way with the Platform and/or any of the servers and/or networks connected to the Platform;
  • utilize or copy any information or content to provide any service that is competitive, as determined by Gravy in Gravy’s sole and absolute discretion, with Gravy or access the Platform for any competitive purpose, including without limitation monitoring availability, performance or functionality;
  • share, provide, produce, display, publish or disseminate to others any material that contains any sort of virus and/or any files or programs that are designed to disrupt, destroy or reduce the functionality of the Platform and/or any software, hardware and/or equipment related to the Platform;
  • share any non-user information without such non-user’s express written permission;
  • disguise the origin of any information transmitted via the Platform;
  • direct any person to the Platform by using meta tags, code and/or any other devices that include any reference to the Platform and/or the Services, for any reason whatsoever;
  • remove, cover or otherwise obscure any form of advertisement included on the Platform;
  • “frame” or “mirror” any part of the Platform without Gravy’s prior written authorization;
  • alter, adapt, sublicense, translate, sell, reverse engineer, decompile, disassemble and/or otherwise attempt to derive the source code for any portion of the Platform and/or any other software used on or for the Platform; and/or
  • override or attempt to override any security component corresponding to the Platform.

You hereby agree to immediately report to Gravy any suspected misconduct and/or false information provided by other users of the Platform and/or recipients of the Services.

Gravy reserves the right to investigate and take legal action against anyone who violates any of the above provisions, including without limitation the right to suspend or terminate the account of any such violators.  You hereby acknowledge and agree that the list set forth above is not all-inclusive as to activities for which an account may be suspended or terminated.

Notice of Cancellation:  Until and unless You or Gravy terminates Your account corresponding to the Platform, such account shall continue for an indefinite period of time.  Should You prefer to stop using the Platform, please send an email to cancel to: support@gravywork.com.  If You have paid for any of the Services available through the Platform and You decide to terminate Your account corresponding to the Platform, then You may use those Services through the end of the end of the term for which you have made payment, and You hereby acknowledge and agree that You shall not receive any refund of fees from Gravy or any Staffing Company.

Miscellaneous:  As a user of Gravy, You hereby agree to:

  • comply with all applicable local, state, federal and international laws, including without limitation privacy, intellectual property and tax laws along with all other regulatory requirements;
  • provide accurate and updated information to Gravy;
  • review and comply with these Terms of Use and Gravy’s Privacy Policy, along with all other applicable policies and notices concerning the Platform and/or the Services; and
  • at all times while using the Platform, act professionally and responsibly.

TERM

These Terms of Use are effective immediately and shall remain in full force and effect during the duration of Your use of the Platform and/or receipt of the Services (including without limitation the duration Your account is open, regardless of Your activity thereon).  You may terminate Your account at any time by submitting a written notice to Gravy (email to support@gravywork.com is the preferred method for this notification purpose).  If for some reason You are unable to email us at info@gravywork.com, please send written notice of termination to Gravy Workforce Technologies, Inc., Attn: Termination of Account, 1432 Duke Street, Alexandria, Virginia 22314.  You may be asked to provide a reason for Your termination.  We may terminate Your use of the Platform and/or receipt of the Services at any time and will notify You of such termination via the most recent email address You have provided to Gravy.  Such notification is not required to be sent prior to termination of Your account.  You will not be entitled to any refunds of applicable monies if Gravy terminates Your account due to Your breach these Terms of Use or any other policy corresponding to the Platform and/or the Services.  All account termination decisions are in Gravy’s sole discretion and Gravy is not required to give any reason for termination.  After termination, these Terms of Use shall remain enforceable against You and, when possible and applicable, all terms and conditions of these Terms of Use shall survive termination, including without limitation the ownership provisions, warranty disclaimers and limitations of liability.

INTERACTIONS WITH OTHER USERS

Interaction Between Users:  You are solely responsible for all interactions with other users of the Platform.  You hereby represent, understand and expressly agree that Gravy does not have any liability for or control over any user’s authenticity, integrity, abilities or responsibility online.  Additionally, all users of the Platform expressly agree not to hold Gravy or Gravy’s members, managers, officers, directors, advisors, independent contractors, agents, investors, or employees liable for any damages, suits, claims, disputes or controversies whatsoever arising from any relationship developed on or in connection with the Platform and/or the Services.

Public Areas:  Users of the Platform are prohibited from using the Platform to share and/or receive any content that is inappropriate or offensive to other users, as determined by Gravy in Gravy’s sole discretion.  You hereby agree not to:  (i) in any way distribute or disseminate profane, offensive, obscene, infringing or unlawful material or information; (ii) use the Platform and/or the Services in violation of any local, state, national or international law; (iii) slander, abuse, threaten, harass or otherwise violate any legal rights of others; (iv) upload any files into the Platform that violate the legal rights (including without limitation intellectual property, privacy and publicity rights) of any third party or contain any viruses or may damage the Platform or any user’s system in any way; (v) download any file that You know, or reasonably should know, cannot be legally distributed and/or disseminated through the Platform; (vi) advertise, sell or offer to sell any goods or services through the Platform for any purpose that is not relevant to the Services offered by Gravy, including, for example, conducting or forwarding any surveys, or contests; (vii) impersonate another user of the Platform or allow another individual to use Your account for the Platform in any way; (viii) “spam” (e.g., post the same note, message or information repeatedly); or (ix) in any way prevent other users of the Platform from using and enjoying and/or benefitting from the Platform and/or the Services.  You hereby agree that Gravy is not responsible for the misuse or misappropriation of any content and/or information that You provide in connection with the Platform and/or the Services, including without limitation any posts in any publicly viewable area of the Platform, Your profile or reviews.

LINKS

To the extent links to third party websites are available on the Platform or You encounter any links to third party websites provided by other Users of the Platform, Gravy does not control and is not responsible for the content of such third party websites, nor does Gravy endorse any such websites, and You hereby acknowledge that all such links are provided for Your convenience only.  It is Your responsibility to evaluate the content on third party websites and You enter all such websites entirely at Your own risk.  All such websites are not covered by these Terms of Use and are likely governed by privacy policies and/or terms and conditions available on those websites, which Gravy does not control and is not responsible for in any way.  You hereby agree to hold Gravy harmless from any and all liability that may result from Your use of Services that are available through the Platform.

YOUR RIGHTS

Unless You breach these Terms of Use, Gravy hereby grants You a limited, revocable license and right to access, view information on and make personal use of the Platform for the Platform’s intended purposes.  You may not assign or sublicense such license and/or rights without Gravy’s prior express permission in a signed writing.  Any violation of these Terms of Use, any other policy of Gravy and/or Gravy’s general purpose and mission is strictly prohibited.  All rights not expressly granted in these Terms of Use are expressly reserved by Gravy without limitation.

SERVICE USE PROHIBITION

The Platform is for the use of Staff, Staffing Company and Client users only and any use in connection with any non-Gravy commercial endeavors without the express prior written consent of Gravy is strictly prohibited. Gravy reserves the right to take any and all appropriate legal action in connection with any unauthorized uses of the Platform.  Gravy reserves the right to terminate Your use of the Platform, in Gravy’s sole and absolute discretion, at any time and for any reason.  You hereby agree that Your use of the Platform is with the revocable permission of Gravy.

BILLING AND PAYMENT POLICY

GRAVY SHALL BEAR NO LIABILITY OR RESPONSIBILITY FOR ANY LOSSES OF ANY KIND THAT A CLIENT USING THE PLATFORM AND/OR THE SERVICES MAY INCUR AS A RESULT OF (I) AN ERRONEOUS STATEMENT, (II) ANY DELAY IN THE ACTUAL DATE ON WHICH AN ACCOUNT IS DEBITED OR (III) SUCH CLIENT’S FAILURE TO PROVIDE ACCURATE AND/OR VALID PAYMENT INFORMATION.

If any changes occur in the information that You provided to Gravy, You must immediately notify Gravy in writing of such changes by email to: billing@gravywork.com.  If You either do not notify Gravy in writing of such changes or You make such changes in an untimely fashion, then Gravy shall bear no liability or responsibility for any losses incurred to the extent permitted by law.  Gravy’s sole liability to You in such situations shall be Gravy’s obligation to make any appropriate changes once in receipt of such notification from You.

If Gravy does not receive payment from You for any Services, then You hereby agree that You shall be personally liable and responsible for paying all amounts due upon demand and, should You fail to do so, Gravy may terminate or suspend Your account for the Platform.  All non-free Services are subject to these Terms of Use and any and all other applicable terms and conditions set forth in executed service agreements.

RELEASE

In the event that You become involved in any dispute with one (1) or more other users of the Platform and/or Gravy, You hereby release and forever discharge Gravy and Gravy’s members, managers, officers, directors, agents, advisors, independent contractors and employees from all past, present and future claims, causes of action, demands, lawsuits, actions, liabilities, losses, expenses, obligations and damages of every kind and nature (including without limitation personal injury, death and property damage), whether known or unknown, suspected and unsuspected, disclosed and undisclosed, arising directly or indirectly out of or in any way connected with such disputes, the Platform, the Services and/or Gravy.

IF YOU ARE A CALIFORNIA RESIDENT, THEN YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 IN CONNECTION WITH THE FOREGOING, WHICH STATES:  “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”

GRAVY’S LIABILITY

You hereby agree not to seek to and/or to hold Gravy and/or Gravy’s members, managers, officers, directors, advisors, independent contractors, agents and/or employees liable for any services delivered that were provided by any user of the Platform other than Gravy.

INDEMNIFICATION

You hereby agree to indemnify, defend and hold harmless Gravy and Gravy’s members, managers, officers, directors, advisors, independent contractors, agents and employees from and against any and all past, present and future claims, causes of action, demands, lawsuits, actions, liabilities, losses, expenses, obligations or damages of every kind and nature (including without limitation personal injuries, death and property damage) or other demand of liability of any kind (including without limitation attorneys’ fees) and costs incurred by Gravy in connection with any claim, cause of action, demand, lawsuit or action by a third party arising directly or indirectly out of or in any way connected with (i) the Platform and/or the Services, (ii) Your failure to comply with these Terms of Use in any way, (iii) Your submission of materials and/or content through the Platform, (iv) any other activity in which You engage on or through or because of the Platform and/or the Services, and (v) any third-party claims, including without limitation those of any users of the Platform or Your interaction with any other user of the Platform.  You hereby further agree that You shall reasonably cooperate in the defense of any such claims.  Gravy reserves the right to select Gravy’s own legal counsel to represent Gravy’s interests and You hereby agree to reimburse Gravy for Gravy’s attorneys’ fees and costs immediately upon request as such expenses are incurred by gravy.  You hereby agree not to settle any such claim without the prior written consent of Gravy.  The obligations described in this paragraph shall include indemnifying and holding harmless Gravy from and against losses incurred in enforcing this paragraph.

INTELLECTUAL PROPERTY RIGHTS

Gravy owns and retains all intellectual property and other proprietary rights throughout the world corresponding to the Platform.  All such intellectual property and other proprietary rights, including without limitation any software, text, typefaces, graphics, layouts, content, data, database schemas, formatting, designs, HTML, CSS, JavaScript and other software code, graphs, photographs, videos, designs, sounds, images, look and feel, and other content corresponding to the Platform and/or the Services, and the coordination, selection, arrangement and enhancement of any such materials as a collective work under the United States Copyright Act, as amended, is owned by or licensed to Gravy.  You hereby agree that Gravy owns and retains all such rights that are protected in all forms and through all media and technologies now known or hereinafter developed.  Users of the Platform are prohibited from copying, downloading, using, redesigning, reconfiguring and/or retransmitting any of these rights without Gravy’s prior express permission in a signed writing, unless such use falls under an express exception set forth in these Terms of Use.  Users of the Platform are prohibited from posting, sending, sharing and/or distributing any Gravy materials or content that such users do not own or have permission to use.  In addition to the termination of Your account for the Platform, violation of this provision may result in copyright, trademark, patent and/or other intellectual property rights violations and liability, and civil or criminal penalties.  The Platform contains materials protected by the domestic and international laws of copyrights, trademarks, patents and other proprietary rights and laws and any use of such materials is expressly prohibited without the prior signed written permission of Gravy or the relevant right holder or as otherwise permitted in these Terms of Use.

NOTICE OF TRADEMARK RIGHTS

Gravy owns certain service marks and trademarks, including without limitation the service mark “Gravy™”.  The other service and trademarks appearing on or in connection with the Platform are the property of their respective owners.  Users of the Platform may not copy or use any of Gravy’s service marks, trademarks, trade names and/or logos without the prior express permission of Gravy in a signed writing.  You hereby acknowledge Gravy’s rights and the rights of third parties with respect to the foregoing.

RELIANCE ON CONTENT ON THE SERVICE

You hereby agree that Gravy is not responsible for Your reliance upon any information and/or content that is made available through the Platform, other than that information and/or content provided directly by Gravy, and the authors of such information and/or content are solely responsible for such information and/or content.  Gravy does not guarantee the accuracy or completeness of any information available through the Platform or adopt, enforce or accept responsibility for the accuracy or reliability of any statement made by any third party or user that is available through the Platform.  You hereby agree that Gravy shall under no circumstances be responsible for any loss or damage resulting from Your reliance upon information and/or content available through the Platform.

PRIVACY

Please read Gravy’s comprehensive Privacy Policy, which is hereby fully incorporated into these Terms of Use by this reference and governs, among other things, the treatment of all information that You submit to Gravy.  You hereby acknowledge that Your submission of any content, material and/or information in any form through the Platform or otherwise is completely voluntary.  You hereby represent and agree that You have reviewed and agree to the terms and conditions of Gravy’s Privacy Policy.

COPYRIGHTS

You are prohibited from posting, distributing and/or reproducing in any way any copyrighted materials, trademarks or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights.  If You, in good faith, believe that any materials available through the Platform infringe upon Your copyrights, then please provide Gravy’s copyright agent with the following (see 17 U.S.C. 512(c)(3) for further detail):

  • a description of the copyrighted work that You believe has been infringed upon, why You believe such copyrighted work has been infringed, and the exact location where such material is available through the Platform;
  • a description of where the original or an authorized copy of the copyrighted work exists;
  • an electronic or physical signature of the person who either owns the copyright or has authorization to act on behalf of the owner;
  • Your contact information, including without limitation Your full name, address, telephone number and email address;
  • a statement from You that You in good faith believe that the disputed use is not authorized by the copyright agent or owner; and
  • an additional statement by You made under penalty of perjury, that the information in Your notice is complete and accurate, and that You are the copyright owner or authorized to act on such owner’s behalf.

If You believe that Your content that was removed (or to which access was disabled), as a consequence of this section of these Terms of Use, (i) is not infringing, (ii) is subject to the copyright defense of “fair use” pursuant to 17 U.S.C. 107 or (iii) that You have the authorization from the copyright owner, the copyright owner’s agent or pursuant to the law to post and use such material in such removed content, then You may send a counter-notice containing the following information to Gravy’s copyright agent:

  • Your physical or electronic signature;
  • identification of the content that has been removed or to which access has been disabled and the location at which such content appeared through the Platform before such content was removed or disabled;
  • a statement that You have a good faith belief that the content was removed or disabled by Gravy as a result of a mistake or a misidentification of the such content; and
  • Your name, address, telephone number and email address, a statement that You consent to the jurisdiction of the federal court in the United States District Court for the Eastern District of Virginia, and a statement that You will accept service of process from the person who provided notification of the alleged infringement.

If a counter-notice is received by Gravy’s copyright agent, then Gravy may, in Gravy’s sole and absolute discretion, send a copy of the counter-notice to the original complaining party informing such person that Gravy may replace the removed content or cease disabling it within ten (10) business days.  Unless the copyright owner files an action seeking a court order against the provider of the content or user, the removed content may be replaced or access to it restored by Gravy.

GRAVY’S COPYRIGHT AGENT CAN BE REACHED AT:

Gravy Workforce Technologies, Inc.
Attn:  Compliance Department
1432 Duke Street

Alexandria, Virginia 22314
Email: info@gravywork.com

MODIFICATIONS TO THE Platform and/or the SERVICES

Gravy reserves the absolute right to evaluate, improve, amend and/or temporarily or permanently discontinue the Platform and/or the Services or any content or information available through the Platform, with or without providing notification to users of the Platform.  You hereby agree that Gravy and Gravy’s members, managers, officers, directors, advisors, independent contractors, agents and employees are not liable to You or any third party for any modification or discontinuance of the Platform and/or the Services.

LIMITATIONS ON USE

Gravy reserves the right to place limitations on Your account for the Platform in order to maintain the performance and availability of the Platform and/or the Services and to enforce these Terms of Use.  Such limitations may include, without limitation, the number of reviews posted, the number of messages sent through the system and the number of applications.  Such limitations supersede all special offers made by Gravy and the limitations may be enforced in Gravy’s sole discretion.  You hereby agree to contact Gravy with any concerns that You have over the limitations on Your use and You hereby agree to abide by any determinations made by Gravy.

NOTIFICATION OF ACTS CONTRARY TO THESE TERMS OF USE

Should You believe that You are entitled and/or required by law to act contrary to these Terms of Use, You hereby agree to provide Gravy with a detailed and authenticated explanation of Your reasoning in writing at least thirty (30) days before You act contrary to these Terms of Use.  Such advance notice will allow Gravy to evaluate whether Gravy may, in Gravy’s sole discretion, provide an alternative remedy for such situation; provided, however, that Gravy is not required to provide such alternative remedy.

NOTIFICATIONS AND SERVICE MESSAGES

To alert You to changes corresponding to the Platform and/or the Services (such as, for example, modifications to these Terms of Use and other applicable terms, such as Gravy’s Privacy Policy, related policies and guidelines), Gravy may place a notice at the top of these Terms of Use or place a banner notice on Gravy’s website.  In the alternative, Gravy may email You at the email address associated with Your account for the Platform.  Gravy is not undertaking and/or promising to provide this notice and You hereby agree that Gravy has no obligation to do so.  It is Your responsibility to check for modifications to these Terms of Use and You hereby agree that Gravy shall have no liability if You fail to do so.

You hereby agree that Gravy may communicate with You regarding the Platform and/or the Services, Your account for the Platform and/or all services acquiring utilizing Your account for the Platform or through certain other permitted means, including without limitation email, telephone or via delivery services such as the postal service.  You hereby further agree that Gravy and Gravy members, managers, officers, directors, advisors, independent contractors, agents and employees have no liability connected with or arising from Your failure to maintain current and accurate contact information with Gravy, including without limitation Your failure to receive critical information regarding the Platform and/or the Services.

CHANGES

These Terms of Use (and other applicable terms, such as Gravy’s Privacy Policy, related policies and guidelines) are subject to occasional revisions by Gravy.  Your use of the Platform and/or receipt of the Services after revisions to any of the foregoing shall constitute Your acceptance of the revised terms and such revisions shall automatically apply to You after the “Last Updated” date, which is posted at the top of these Terms of Use.  No changes and/or alterations by Gravy to these Terms of Use shall be deemed to be an admission that there is or ever was anything wrong with these Terms of Use.

APPLICATIONS

Gravy may offer services through various applications, including applications on smart phones, tablets and/or similar devices, and interactive plugins distributed on other websites.  You hereby agree these Terms of Use and any other agreements required to download such applications shall govern, and You hereby agree that various information, including without limitation Your device on which You access these applications, mobile carrier, internet access provider, physical location, websites containing plugins, etc. may be communicated to Gravy and used by Gravy, in Gravy’s sole and absolute discretion.  If You import any content through any such application, then You represent that You have the authority to share such content with Gravy and/or Your mobile carrier, internet access provider, and/or other provider.  Should You change phone numbers and/or deactivate Your device account, You agree to update Your account information for the Platform to reflect such a change and hereby agree that any failure to do so is solely Your responsibility.  You are solely responsible for all charges related to Your use of these applications.

DISCLAIMERS

You hereby agree that Gravy and Gravy’s members, managers, officers, directors, advisors, independent contractors, agents and employees are not responsible for any incorrect or inaccurate content and/or information posted through and/or in connection with the Platform and no user of the Platform should rely upon any information therein or the continuation of the Platform and/or the Services.

THE PLATFORM AND ALL INFORMATION AVAILABLE THROUGH THE PLATFORM ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS BY GRAVY.  THEREFORE, GRAVY AND GRAVY’S MEMBERS, MANAGERS, OFFICERS, DIRECTORS, ADVISORS, INDEPENDENT CONTRACTORS, AGENTS AND EMPLOYEES, AND EACH OF THEIR RESPECTIVE AFFILIATES, ADVERTISERS, PROMOTERS AND/OR DISTRIBUTION PARTNERS SHALL IN NO WAY AND UNDER NO CIRCUMSTANCES BE RESPONSIBLE FOR ANY CLAIM, DEMAND, LOSS AND/OR DAMAGE OF ANY KIND, INCLUDING WITHOUT LIMITATION PERSONAL INJURY OR DEATH, RESULTING FROM ANYONE’S USE OF THE PLATFORM AND/OR THE SERVICES, WHETHER ONLINE OR OFFLINE.  GRAVY DOES NOT CONTROL USER GENERATED CONTENT AVAILABLE THROUGH THE PLATFORM FOR ACCURACY.  GRAVY DOES NOT PROVIDE ANY EXPRESS WARRANTIES OR REPRESENTATIONS WITH RESPECT TO THE PLATFORM AND/OR THE SERVICES.  INSTEAD, GRAVY HEREBY DISCLAIMS ANY AND ALL IMPLIED WARRANTIES AND REPRESENTATIONS TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, INCLUDING WITHOUT LIMITATION ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ACCURACY OF DATA AND NON-INFRINGEMENT.  SHOULD YOU BECOME DISSATISFIED AND/OR HARMED BY THE PLATFORM AND/OR THE SERVICES, YOUR SOLE AND EXCLUSIVE REMEDY IS TO TERMINATE YOUR ACCOUNT FOR THE PLATFORM IN ACCORDANCE WITH THE ABOVE SECTION TITLED “TERM.”

Gravy has no obligation to verify the identity of the individuals or users subscribing to the Platform, nor does Gravy have any obligation to monitor the use of the Platform by users.  Therefore, Gravy hereby disclaims all liability for identity theft and/or other misuse of your identity and/or information.  Gravy is not responsible for the conduct, whether online or offline, of any user of the Platform and/or recipient of the Services.  Gravy assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operations or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, user communications, nor is Gravy responsible for any problems or technical malfunctions whatsoever, including without limitation malfunctions of telephone networks or lines, computer online systems, servers or providers, computer equipment, software, failure of email, traffic congestion on the Internet or at any website.  Such malfunctions further include damage or injury to Your or any other person’s computer or device relating to or resulting from participation or use of the Platform.

Gravy is not responsible for any communications occurring on, through and/or as a result of the Platform and makes no representations or warranties as to the delivery of any messages through the Platform.  Further, Gravy does not represent or warrant that Your use of the Platform will not infringe upon the rights of any third parties.  Any material, service or technology described and/or used in connection with the Platform may be subject to intellectual property rights owned by third parties who have licensed such material, service or technology to Gravy.

LIMITATION OF LIABILITY

Gravy and Gravy’s members, managers, officers, directors, advisors, independent contractors, agents and employees shall not, under any circumstances, be liable to You for any direct, indirect, incidental, consequential, general, special or exemplary damages arising from or relating to the Platform and/or the Services, any provision of these Terms of Use and/or any violation thereof and/or any conduct by You or anyone else in connection with the use of the Platform and/or the Services, including, but not limited to, bodily injury, emotional distress and/or any other damages resulting from communications or meetings with other users or persons that You meet through or because of the Platform and/or the Services.  Additionally, the aggregate total liability of Gravy and Gravy’s members, managers, officers, directors, advisors, independent contractors, agents and employees arising with respect to or related to the Platform, the Services and/or these Terms of Use shall not exceed the total amounts paid by any such user to Gravy during the twelve (12) month period immediately prior to such claim arising.

Some U.S. states and some foreign countries do not permit the exclusion or limitation of implied warranties and/or liability for certain categories of damages.  Therefore, some or all of the limitations set forth above may not apply to You to the extent that they are prohibited or superseded by state or national laws.  Gravy makes no representation of any kind with respect to the applicability and/or enforceability of laws and/or policies of countries other than the United States that take precedence over these Terms of Use.

NON-SOLICITATION

Other than connecting with users of the Platform for the purpose of receiving and/or providing a temporary job position and/or project through a Staffing Company, users of the Platform are prohibited from using the Platform for the purpose of recruiting for another website and/or soliciting, advertising to and/or contacting other users of the Platform for employment and/or any other purpose for a business not affiliated with Gravy, without the express written consent of Gravy.  As previously noted, Gravy reserves the right to terminate Your account corresponding to the Platform and/or use of the Platform and/or the Services in Gravy’s sole discretion at any time if You violate these Terms of Use.  We further reserve the right to take appropriate legal action in such situations, including without limitation civil actions, criminal actions and/or requesting injunctive relief.

DISPUTE RESOLUTION, ARBITRATION AND GOVERNING LAW

You hereby agree to first try to resolve any dispute involving Gravy informally by contacting Gravy at info@gravywork.com.  Gravy will respond to You by email and attempt to resolve any and all disputes that You submit to Gravy.  If a dispute that You present to Gravy is not resolved within thirty (30) days of the first email submission from You to Gravy regarding such dispute, then formal proceedings may be initiated according to the following terms.

These Terms of Use and any dispute between You and Gravy related to and/or arising from the Platform, the Services and/or these Terms of Use shall be governed by the laws of the Commonwealth of Virginia without regard to principles of conflicts of law; provided, however, that these arbitration provisions shall be governed by the Federal Arbitration Act.

You hereby agree that any claim and/or controversy arising out of or relating to the Platform, the Services and/or these Terms of Use shall be settled exclusively by binding arbitration in accordance with the commercial arbitration rules of the McCammon Group before a single arbitrator taking place in the City of Alexandria, Virginia.  You hereby further agree to forfeit Your right to assert and/or defend any claims between You and Gravy and/or Gravy’s members, managers, officers, directors, advisors, independent contractors, agents and employees, and Your right to participate in a class action or other class proceeding.  You can decline this agreement to arbitrate by emailing info@gravywork.com and request to opt-out of arbitration within thirty (30) days of first accepting these Terms of Use.  All claims and controversies must be arbitrated on an individual basis and may not be consolidated with any other claims or controversies.  Class arbitrations, class actions, private attorney general actions and consolidation with other arbitrations shall not be permitted.  Either party may enter judgment on any arbitration award into any court of competent jurisdiction.  You or Gravy may seek any preliminary or interim relief from a court of competent jurisdiction in the City of Alexandria, Virginia solely as necessary to protect the rights of property pending the completion of arbitration.  Any proceeding required to enforce this arbitration agreement may be commenced in any court of competent jurisdiction located in the City of Alexandria, Virginia.  In the event that this arbitration agreement is held to be unenforceable, any litigation against Gravy and/or Gravy’s members, managers, officers, directors, advisors, independent contractors, agents, investors, or employees may be commenced only in federal or state courts located in the City of Alexandria, Virginia, and You hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction and venue of those courts for such purposes.

CUSTOMER SERVICE

Gravy provides assistance to users of the Platform through Gravy’s customer service representatives.  Any communications between You and Gravy’s customer service representatives may be recorded by Gravy for quality assurance purposes and You are hereby prohibited from being abusive, obscene, profane, offensive, sexist, threatening, harassing, racially offensive and/or otherwise inappropriate toward Gravy’s customer service representatives.  Gravy reserves the right to immediately terminate Your account for the Platform, and You would not be entitled to any refund from Gravy, if Gravy, in Gravy’s sole and absolute discretion, believe that You have mistreated Gravy’s customer service representatives in any way.

GENERAL PROVISIONS

Failure by Gravy to enforce any provisions of these Terms of Use shall not be construed as a waiver of any provision or right of these Terms of Use.  These Terms of Use constitute the entire agreement between You and Gravy with respect to the subject matter of these Terms of Use.  If any provision of these Terms of Use is found to be invalid or unenforceable for any reason, then the remaining provisions of these Terms of Use shall remain enforceable to the fullest extent possible.  These Terms of Use inure to the benefit of Gravy and Gravy’s successors and assigns.  Any notice or communication to be given under these Terms of Use shall be in writing and given by facsimile, prepaid registered or certified mail return receipt requested, or electronic mail.

NOTICE FOR CALIFORNIA RESIDENTS

Under California Civil Code Section 1789.3, California users of the Platform and/or recipients of the Services are entitled to the following specific consumer rights notice:  The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 N. Market Boulevard, Suite S-202, Sacramento, California 95834, or by telephone at (800) 952-5210.

NOTICE FOR NEW JERSEY RESIDENTS

If you live in New Jersey, then please carefully read these Terms of Use and understand that by using the Platform and/or receiving the Services, in addition to the other terms that You agree to with Gravy, You hereby agree that (i) any dispute between You and Gravy shall be governed by Virginia law and decided by non-judicial arbitration, (ii) You waive rights to maintain a court action, the right to a jury trial and the right to participate in any form of class or representative claim (see the “DISPUTE RESOLUTION, ARBITRATION AND GOVERNING LAW” section above), (iii) under the laws of the State of New Jersey, limitations on implied warranties or the exclusive or limitation of certain damages as set forth in the “LIMITATION OF LIABILITY” section may not apply to You, and (iv) You are responsible for any harm (see the “INDEMNIFICATION” section above) that You cause Gravy, whether it is because of (a) the content and/or materials posted on or submitted through the Platform by You, (b) Your material uncured breach of these Terms of Use, any applicable laws that protect Gravy and/or Gravy legal rights or those of any third party whose legal rights Your actions have damaged and/or (c) any and all activities that occur under Your account, username and/or password corresponding to the Platform.

NOTICE FOR CLIENTS

In addition to agreeing to comply with these Terms of Use, all Clients using the Platform will be required to enter into one (1) or more separate services agreements with one or more Staffing Companies that are users of the Platform.

NOTICE FOR STAFF

In addition to agreeing to comply with these Terms of Use, all Staff using the Platform will be required to enter into one (1) or more separate Employment Acknowledgment Agreements and/or similar agreements with one or more Staffing Companies that are users of the Platform.