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 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.
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:
- is defamatory, abusive, obscene, profane, objectionable, offensive, libelous, sexually oriented, threatening, harassing or racially offensive;
- 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and/or recipient of the Services, provides instructional information about illegal activities, is inaccurate, false, out-of-date or misleading, including without limitation profile images that are not Your likeness or that misrepresent Your current or previous employment and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;
- is harmful or threatening to the safety of other users of the Platform and/or recipients of the Services;
- promotes racism, bigotry, hatred and/or physical harm against any individual or group of individuals;
- consists of “junk mail,” “chain letters” or “spamming”;
- contains any restricted, password only or hidden pages or images;
- 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;
- requests passwords, account information and/or personally identifying information for any commercial or unlawful purposes from another user of the Platform; and/or
- 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: firstname.lastname@example.org. 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;
- at all times while using the Platform, act professionally and responsibly.
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.
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: email@example.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.
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.”
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.
INTELLECTUAL PROPERTY RIGHTS
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.
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.
- 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
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
NOTIFICATIONS AND SERVICE MESSAGES
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.
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
DISPUTE RESOLUTION, ARBITRATION AND GOVERNING LAW
You hereby agree to first try to resolve any dispute involving Gravy informally by contacting Gravy at firstname.lastname@example.org. 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.
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.
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
NOTICE FOR CLIENTS
NOTICE FOR STAFF