To be eligible to access the Site, use our Services, and/or create a Profile, you must meet the following criteria:
By creating a Profile and accepting to receive Alerts, you agree to use your best efforts to perform each SpinGig Engagement such that the Services are satisfactory to the Business that first initiated the Opportunity Alert. Do not respond to an Opportunity Alert unless you are sure that you understand what you are being asked to deliver, can get to and from the Business location and can render the requested services in the requested time period.
Each Business acknowledges and agrees that the Business will select a SpinGig Provider to render services based upon the sole determination of the Business based on the Profile created by the SpinGig Provider and any subsequent communications between the applicable SpinGig Provider and the Business. 21 Shifts makes no representations or warranties as to the skills, experience, background or education of any SpinGig Provider.
[Although 21 Shifts does not make any representations or warranties as to the skills, experience, background or education of any SpinGig Provider, 21 Shifts encourages Businesses to fill out a brief survey at the conclusion of each SpinGig Engagement to address the following criteria (collectively, the “Performance Criteria”):
Each SpinGig Provider acknowledges and agrees that the SpinGig Provider’s willingness to render services for a particular Business is based on the SpinGig Provider’s own determination that the Business offers work acceptable and appropriate for the applicable SpinGig Provider on terms that are acceptable to the SpinGig Provider.
Each SpinGig Provider shall be solely responsible for the professional performance of the SpinGig Provider’s work, and each SpinGig Provider shall be solely liable for their acts, omissions and negligence. Each SpinGig Provider and Business acknowledges and agrees that
There is no partnership, joint venture, or employer-employee relationship between 21 Shifts and you. You are not the agent of 21 Shifts and you are not authorized, and must not represent to any third party that you are authorized, to make any commitment or otherwise act on behalf of 21 Shifts. You are solely responsible for determining which Alerts you will choose to accept.
If a Business elects to establish an employment relationship, you will become an employee of the Business and not 21 Shifts. At all times, the Business will maintain the exclusive supervision, direction and control of the day-to-day activities of each SpinGig Provider rendering services. The Business shall be responsible for the implementation and enforcement of any and all workplace laws, rules, regulations and for any procedures that exist for the purpose of preventing the misappropriation, theft or embezzlement of the Business’ property, including without limitation intellectual property.
Each Business acknowledges and agrees that SpinGig Providers are not employees or consultants of 21 Shifts and that 21 Shifts maintains no control over any SpinGig Engagement.
You are not entitled to or eligible for any benefits that 21 Shifts, its parents, subsidiaries, affiliates or other related entities may make available to its employees, such as group insurance, profit-sharing or retirement benefits. Because you are a SpinGig Provider, 21 Shifts will not withhold or make payments for social security, make unemployment insurance or disability insurance contributions, or obtain workers’ compensation insurance on your behalf. If, notwithstanding the foregoing, you are reclassified as an employee of 21 Shifts, or any affiliate of 21 Shifts (“Affiliate”), by the U.S. Internal Revenue Service (“IRS”), the U.S. Department of Labor (“DOL”), or any other federal, state or foreign court or agency, you agree that you will not, as the result of such reclassification, be entitled to or eligible for, on either a prospective or retrospective basis, any employee benefits under any plans or programs established or maintained by either the Customer and its parents, subsidiaries, affiliates or related entities or by 21 Shifts, its parents, subsidiaries, affiliates or other related entities.
SpinGig Providers and Businesses are solely responsible for filing all tax returns and submitting all payments as required by any federal, state, local, or foreign tax authority arising from any SpinGig Engagement-related payments. SpinGig Providers and Businesses must comply with all applicable federal, state, local, and foreign laws requiring the payment of taxes, such as income and employment taxes, and social security, disability and other contributions.
You acknowledge that you are not an employee of 21 Shifts. As such, you are not covered by any insurance that may be provided by 21 Shifts to its employees, including, without limitation, health insurance, workers compensation insurance, general liability insurance, and automobile liability insurance. Specifically, in the event that you are injured while working in the course and scope of SpinGig Engagement, you acknowledge and understand that you will not be covered by any workers compensation insurance coverage that 21 Shifts may provide to its employees. Further, in the event that your actions cause an injury to a third party while you are working in the course and scope of SpinGig Engagement, you acknowledge and understand that you will not be covered by any general liability or automobile liability insurance coverage that 21 Shifts may have, and that 21 Shifts is not making any commitment to defend and/or indemnify you in such circumstances, and specifically denies such obligation.
Businesses shall comply with all state, federal and local laws, rules and regulations that govern or relate to its business, workplace, employees, safety and government contracting. Businesses shall comply with all reasonable directives regarding health and safety.
You will protect the Confidential Information from unauthorized use, access, or disclosure in the same manner as you protect your own confidential or
21 Shifts owns and retains all proprietary rights in the Site and the Services. All software, text, typefaces, graphics, layouts, content, data, formatting, designs, HTML, graphs, photographs, videos, designs, sounds, images, look and feel, and other content (“Proprietary Material”) on the Site or through the Services, and the coordination, selection, arrangement and enhancement of such Proprietary Materials as a Collective Work under the United States Copyright Act, as amended, is owned by or licensed to 21 Shifts. All Proprietary Rights are protected in all forms and through all media and technologies now known or hereinafter developed. Users are prohibited from copying, downloading, using, redesigning, reconfiguring, or retransmitting any of the Proprietary Rights without 21 Shifts’s prior express written permission, unless such use falls under an exception. You are prohibited from posting, sending, sharing, or distributing any materials or content that they do not own or have permission to use. In addition to the termination of your account, violation of this policy may result in copyright, trademark or other intellectual property rights violations and liability, and civil or criminal penalties. The Site and Services contain materials protected by the domestic and international laws of copyright, patents, and other proprietary rights and laws and any use of such Proprietary Material is expressly prohibited without the prior permission of 21 Shifts or the relevant right holder or as otherwise permitted therein.
21 Shifts owns the service marks and trademarks 21 ShiftsTM, and all other trademarks, service marks, logos or trade names appearing on the Site or through the Services are the property of their respective owners. You may not copy or use any of the marks, logos or trade names without the prior express written notice of the owner. You acknowledge 21 Shifts’s rights and the rights of third parties with respect to those rights.
The Site is provided “as is,” as available and without any warranties or conditions (express or implied, including the implied warranties of merchantability, accuracy, fitness for a particular purpose, title and non-infringement, arising by statute or otherwise in law or from a course of dealing or usage or trade). We disclaim all and make no representations or warranties, of any kind, either express or implied, as to the quality, identity or reliability of any third party, or as to the accuracy of the postings made on the Site by any third party. Some states and jurisdictions do not allow for all the foregoing limitations on implied warranties, so to that extent, if any, some or all of the above limitations may not apply to you.
You agree that 21 Shifts is not responsible for any incorrect or inaccurate content or information posted on the Site or in connection with the Services and no user should rely on 21 Shifts, any information therein, or the continuation of the Site or Services. We provide the platform for the Site and all information and Services on an “as is” and “as available” basis. We have no obligation to verify the identity of the individuals subscribing to our Services, nor do we have any obligation to monitor the use of Services by other users. Therefore, we disclaim all liability for identity theft or other misuse of your identity or information. We are not responsible for the conduct, whether online or offline, of any user of the Site or Services. We assume 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 are we responsible for any problems or technical malfunctions whatsoever including, but not limited to, 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 our Site or Services. 21 Shifts and its affiliates, advertisers, promoters, or distribution partners will in no way and under no circumstances be responsible for any loss or damage, including personal injury or death, resulting from anyone’s use of the Site or Services, whether online or offline. We do not control or review user generated content for accuracy. We do not provide any express warranties or representations. We disclaim 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 or harmed by the Site or Services, your sole and exclusive remedy is to terminate your account and remove your Profile. We are not responsible for any communications occurring on the Site or as a result of any of the Services and make no representations or warranties as to the delivery of any messages. Further, we do not represent or warrant that your use of the Site or Services will not infringe on the rights of third parties. Any material, service or technology described or used on the Site may be subject to intellectual property rights owned by third parties who have licensed such material, service or technology to 21 Shifts.
SOME STATES AND JURISDICTIONS DO NOT ALLOW FOR ALL THE FOREGOING EXCLUSIONS AND LIMITATIONS OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO TO THAT EXTENT, IF ANY, SOME OR ALL OF THESE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
RELEASE In the event that you become involved in a dispute with one or more other users, you hereby release SpinGig from all claims, demands, or damages of every kind, whether known or unknown, suspected and unsuspected, disclosed and undisclosed, in any way connected with such disputes.
If either party wishes to initiate arbitration, the initiating party must notify the other party in writing via certified mail, return receipt requested, or hand delivery within the applicable statute of limitations period. This demand for arbitration must include (1) the name and address of the party seeking arbitration, (2) a statement of the legal and factual basis of the claim, and (3) a description of the remedy sought. Any demand for arbitration by SpinGig Provider must be delivered to Dan Mori at email@example.com.
Any arbitration shall be governed by the American Arbitration Association Commercial Arbitration Rules (“AAA Rules”), except as follows:
21 Shifts reserves the right at any time to modify or discontinue, temporarily or permanently, the Site or the Service (or any part thereof) with or without notice. You agree that 21 Shifts shall not be liable to you or to any third party for any modification, suspension or discontinuance of the App or the Services.