These Terms of Service (“Terms”) form a binding agreement between you (“you,” “your,” or “User”) and MemberGig, LLC (“MemberGig,” “we,” “us,” or “our”). By accessing or using the MemberGig website, mobile site, or any services we provide (collectively, the “Platform”), you agree to be bound by these Terms.
“User” refers to anyone who accesses or uses the Platform in any capacity, including Board Owners, Sellers, Visitors, and any other individuals browsing or interacting with MemberGig.
“Platform” or “Services” refers to all websites, applications, features, tools, and digital services controlled by MemberGig that allow Users to create boards, post content, interact with others, and participate in community or marketplace activities.
1. Introduction
1.1 Welcome to MemberGig
MemberGig is a community-driven marketplace where users can create boards, post content, and interact with others. By using MemberGig, you agree to follow these Terms of Service and any other rules or guidelines that apply to specific features or services.
1.2 How MemberGig Works
- Board Owners: Create and manage boards. Boards can be monetized (earn revenue from posts) or non-monetized (allow posts for free).
- Sellers: Subscribe to a Board Owner’s board to post goods, services, or other content (“Content”). Sellers become members of the specific boards they post on.
- Visitors: Browse public boards, view posts, and interact with Sellers and Board Owners after creating a platform account.
1.3 Accepting These Terms
By using MemberGig, you confirm that you understand and agree to these Terms. If you do not agree, you must stop using the platform. We may update these Terms occasionally, and continuing to use MemberGig after changes means you accept the updated Terms.
- 1.4 Eligibility
You must be 18 years or older to use MemberGig. If you are using the platform on behalf of a business or organization, you must have the authority to agree to these Terms for that entity.
1.5 Legal Agreement
These Terms, along with any applicable policies or guidelines, form a binding legal agreement between you and MemberGig. If you do not agree with any part of these Terms, you must stop using the platform. MemberGig may enforce these Terms as necessary.
1.6 Platform Services
MemberGig provides tools to:
- Create and manage boards.
- Post content and interact with other users.
- Connect Sellers with Visitors and Board Owners.
NO!
This Terms of Service (“Terms”) is an agreement between you (the “User”, “You” or “Your”) and Membergig, LLC. (“Membergig”, “we”, “us” or “our”).
A “User”, “You” or “Your” are each person that accesses or utilizes the site or services, including but not limited to Caregivers, Employers, Members (defined below), and non-registered persons.
The “Membergig Services,” “Service” or "Site" means any websites, applications, and other services under the control of Membergig, whether partial or otherwise, in connection with providing an online platform or digital content to enable Users to market, manage and share information in relation to Caregiving Services, search for Caregivers and Employees and communicate between Users.
A “Caregiver” and “Caregiving Services” relates to the profession or activity of a person who cares for or looks after the sick, elderly, or disabled person.
An “Employer” or “Agency” relates to a person or entity that employs or seeks Caregiving Services for candidate employment which involves the care of a sick, elderly, or disabled person.
Your use of Membergig in any way means that you agree to all of these Terms and these Terms will remain in effect while you use the service. These Terms include the provisions in this document, as well as those in the Privacy Policy.
We reserve the right to change the Terms at any time and will notify you via notice on the Membergig site, through email and/or by other means.
If you use the Service in any way after a change to the Terms is effective, then this means you agree to all of the changes.
Please read the following Terms of Service carefully. These Terms govern your access and use of Membergig, it’s Services and Collective Content (defined below) and constitute a binding legal agreement between you and Membergig.
You acknowledge and agree that, by accessing or using the Membergig Services, or by downloading, uploading or posting any content from or on Membergig or through the Membergig Services, you are indicating that you have read, and that you understand and agree to be bound by these Terms whether or not you have registered on Membergig. If you do not agree to these Terms, then please do not use Membergig Services.
If You Do Not Agree To These Terms Then You May Not Access Membergig Services.
Membergig enables Employers to search, save, enter, upload, store and manage employment related data, information, content, records and files to engage with Caregivers through the use of Third Party services (defined below) as a means of seeking Caregivers to employ and utilize for Caregiving Services.
Membergig also enables Caregivers to create a personal Profile to help you store and manage information provided by you or make your personal Profile accessible to other Users on the Membergig website as a means of obtaining employment. Other services provided enables you to engage with other Users and Third Party Services (defined below.)
Membergig Cannot Guarantee That Employment Will Be Obtained Through Use Of Its Service.
Membergig cannot guarantee that a Caregiver will be available, communicate with you or be suitable for hire by you or that employment will be obtained through use of its Service.
Third Party Services include but are not limited to products, services, websites, advertisers, applications, information, and content that are not owned or controlled by Membergig. These Third Party Services are made available to you solely for convenience.
Membergig encourages you to be aware when you leave the Site and read the terms and conditions and privacy policy of each third party website. Membergig has no control over, and assumes no responsibility for, the content, accuracy, privacy policies, or practices of or opinions expressed in any third party websites.
You understand and agree that use of Third Party Services is at your own risk and that Membergig is not responsible for the privacy, business practices, charges or other policies of Third Party Services.
Electronic Job Alerts And Notifications.
The Site may offer certain services that are available to you via email and your wireless Device. These services may include the ability to access the Site’s features, upload content to the Site, and receive email and SMS text message alerts on new job postings and notifications (collectively, "Wireless Features") through use of Third Party Services. Standard messaging, data, and other fees may be charged by your carrier to participate in Wireless Features. Your carrier may prohibit or restrict certain Wireless Features and certain Wireless Features may be incompatible with your carrier or wireless Device. You should check with your carrier to find out what plans are available and how much they cost. Contact your carrier with questions regarding these issues.
When signing up on the Site, you agree to receive text and/or email communication from Membergig.
Ownership
The contents of the Membergig Services include: designs, text, graphics, images, video, information, logos, button icons, software, audio files, documents, computer code, and other content (collectively, “Membergig Content” or “Content”). All Membergig Content and the compilation (meaning the collection, arrangement, and assembly) of all Membergig Content are the property of Membergig, LLC or its licensors and are protected under copyright, trademark, and other laws.
Users are NOT permitted to access or use any Membergig Services or Content for the purpose of building a similar or competitve product or service; perform any vulnerability, penetration or similar testing of the Membergig Services; modify the Membergig Services, reverse engineer, de-compile, or disassemble the Membergig Services; or use or access the Membergig Services in violation of any applicable law or intellectual property right.
Membergig Content are or may be Trademarks and copyright and can not be used or reproduced without our prior written permission. For permission requests please contact us at connect@Membergig.com.
We grant you license, subject to these Terms, authorized use and access of the Membergig Services for your personal and non commercial purposes, at our discretion. We have the right to revoke this license at any time without notice and with or without cause.
Profile And Use Of Content
As a Caregiver or Employer, when you register with us for access to the Membergig Services and successfully complete the account registration process you will become a “Member” of the Membergig Service.
As a Member, you may have the opportunity to create a personal profile ("Profile") and to submit, upload, download, publish, or otherwise transmit ("Post") content to the Membergig Services including but not limited to your company or work history, employment related data of Caregivers, demographic data, resume/CV, notes, reviews, photos, images, folders, files, data and text to your Profile (“Collective Content” or "Member Content") as well as the ability to delete, distribute and edit the same. Your completed personal Profile will become publicly accessible and Users will be able to view the Profile you create.
For all Members, registration creates an account. When an account is created we collect and store Collective Content such as demographic information including but not limited to your name, address, phone number and a valid email address and allow you to create a user account password. We will ask for an optional photo of your self and/or company logos if applicable and any payment information as applicable for certain Feature benefits and/or Paid Memberships (defined below.)
Collective Content
Caregiver and Employer Collective Content is primarilly User generated, we do not control or vet such Collective Content for accuracy and we do not assume and expressly disclaim any responsibility for the accuracy or reliability of any Collective Content provided by Caregivers or Employers on or off the Site, including any Collective Content that may include misstatements or misrepresentations or that may be defamatory or disparaging. Users hereby represent, understand and agree to hold Membergig harmless for any misstatements, misrepresentations, or other disparaging or defamatory statements made by or on behalf of Users on this Site or in any other venue.
In creating an account, you may NOT impersonate someone else or partake in unauthorized use of any payment methods. Doing so violates the Terms of this agreement.
By making available any Member Content on or through the Membergig Services, you agree to grant to Membergig a perpetual, non exclusive, transferrable, irrevocable, royalty-free license to use such Member Content to access, use, preserve, copy, disseminate, reformat, distribute, publicly display, post, publish, and download on, through or for the means we reasonably believe is necessary to perform the Service.
Security
You are responsible for maintaining the confidentiality of your account password. Information contained within your account is as accurate as the data supplied by the User. Therefore, we recommend you consider carefully whether to permit any other User access to your Profile and/or account information. Membergig, LLC does not assure the accuracy, reliability, confidentiality or security of information.
You are solely responsible for all activities that occur under your account, password, and username – whether or not you authorized the activity.
All Members are responsible for monitoring the Collective Content uploaded or added to their Profiles, whether uploaded by the Member or by other Users including Third Party Services. You agree to notify us immediately of any unauthorized use of your account at support@Membergig.com. We reserve the right to close your account at any time for any or no reason without prior notice to you including any reason that we deem warrants such action, which includes your breach of any provision of this agreement. We assume no liability for closing your account for any or no reason. Please note that you, and not Membergig, are responsible for maintaining and protecting your account and Collective Content. Although we strive to protect the privacy of your personal information, unfortunately we cannot guarantee complete security.
Membergig will not be liable to you for any loss, damage or corruption of any kind to your account and Collective Content, or for any costs or expenses associated with backing up or restoring your Collective Content or accounts and/or User claims relating to your Collective Content.
IF YOUR USE OF THE SERVICES IS PROHIBITED BY APPLICABLE LAWS, THEN YOU ARE NOT AUTHORIZED TO USE THE SERVICES.
Any information or Member Content publicly posted or privately transmitted through the Services is the sole responsibility of the User from whom such content originated, and you access all such information and member content at your own risk. Membergig is not liable for any errors or omissions in that information or Member Content or for any damages or loss you might suffer in connection with it. We cannot control and have no duty to take any action regarding how you may interpret and use the Member Content or what actions you may take as a result of having been exposed to the Member Content, and you hereby release us from all liability for you having acquired or not acquired Member Content through the Services and actions you took in regards to the Member Content. We can’t guarantee the identity of any registered or unregistered Users with whom you interact with from using the Services and are not responsible for which registered or unregistered Users gain access to the Services.
ANY USE OF OUR SERVICES FOR ANY UNLAWFUL OR INAPPROPRIATE CONDUCT OR ANY ACT OR OMISSION BY YOU CONSTITUTES AN ACTUAL OR ALLEGED VIOLATION OF THESE TERMS.
Users Of Our Services Are NOT Employees Of Membergig.
Membergig does not employ, recommend or endorse any Users and has no control over the acts or omissions of any Users. Membergig is not responsible or liable in any manner for the performance or conduct of any Users or other Third Party Services online or offline.
You understand and agree that you are solely responsible for conducting any appropriate background checks and obtaining references prior to engaging or employing another User to perform services. You further understand and agree that you are solely responsible for making your own evaluations, decisions and assessments about whether to engage other Users to perform services, accepting any engagements offered by other Users or otherwise interacting with other Users.
YOU ACKNOWLEDGE AND AGREE THAT USE OF THE SERVICES ARE AT YOUR SOLE AND EXCLUSIVE RISK AND HEREBY EXPRESSLY RELEASE Membergig FROM, ANY AND ALL LIABILITY WHATSOEVER FOR ANY CONTROVERSIES, CLAIMS, SUITS, INJURIES, LOSS, HARM AND/OR DAMAGES ARISING FROM AND/OR IN ANY WAY RELATED TO THE SERVICES OR YOUR INTERACTIONS OR DEALINGS WITH OTHER USERS, INCLUDING WITHOUT LIMITATION ANY ACTS AND/OR OMISSIONS OF USERS ONLINE OR OFFLINE.
Privacy
We recommend that you protect your privacy and refrain from providing any information that you believe to be confidential. Your Profiles and other Users you engage with are your responsibility. Membergig has no control over, and assumes no responsibility for your Profiles or any interaction with other Users or any Third Party Services. You agree that you will comply with all applicable laws and regulations related to your Profiles and other Users. If you collect or possess any personal information of other Users you must comply with all applicable data protection, security and privacy laws and regulations.
Your Interactions With Other Users; Disputes.
You are solely responsible for your interaction with other users of the Site, whether online or offline. We are not responsible or liable for the conduct or content of any user. We reserve the right, but have no obligation to monitor or become involved in disputes between you and other users. Exercise caution and use your best judgment in your interactions with others (e.g., when you submit any personal or other information) and in all of your other online and offline activities.
Eligibility
The Site and Membergig Services are intended solely for persons who are age 18 years of age or older. Any access to or use of the Membergig Services by anyone under age 18 is expressly prohibited. By accessing or using the Membergig Services you represent and warrant that you are 18 years of age or older.
Payment
Access to certain services and features of the Service require a paid membership (“Paid Membership”) which may include but not limited to a monthly subscription and/or Feature benefits or "Add-Ons". Upon registration for a Paid Membership, you agree to pay Membergig the applicable Paid Membership charges and fees at the prices and term then in effect, and you authorize Membergig to charge your chosen payment method in connection therewith. We use a third-party payment processor, Stripe (stripe.com) to bill you through a payment account linked to your account on our Services. The processing of payments will be subject to the terms, conditions and privacy policies of Stripe (https://stripe.com/us/privacy) in addition to these Terms. We are not responsible for error by Stripe. By choosing to use our services, you agree to pay us, through Stripe, all charges and Fees at the prices then in effect for any use of such Services in accordance with the applicable payment terms, and you authorize us, through Stripe, to charge your chosen payment provider (for example, a credit or debit card you provide). You agree to make payment using Stripe. We reserve the right to correct any errors or mistakes that the Stripe makes even if it has already requested or received payment.
When you select and purchase a recurrent monthly subscription as your Paid Membership option, your payment method automatically will be charged at the start of each subscription period for the fees applicable to that period. If your subscription plan contains a free trial, your payment will be charged and your subscription will begin at the end of that free trial.
We may store and continue billing your payment method (e.g. credit card) to avoid interruptions in your Services and to use to pay other Services such as Add-ons you may buy in the future unless you cancel services.
Cancellations
If you cancel a monthly subscription service, you will have access to the Feature benefits until the end of the then current subscription term. Monthly subscription and/or Feature benefit will not be renewed after that term expires and your access to Services within the Site will be restricted.
If you wish to cancel your Paid Membership and avoid future charges, cancel before the renewal date. You will not be eligible for a refund of any portion of the Paid Membership, subscription and/or Add-On fees paid for the then-current Paid Membership, subscription and/or Add-On Service benefit period.
Membergig is not responsible for and will not reimburse any fees incurred by you from your bank or other financial institution, including without limitation overdraft charges, insufficient funds charges, interest charges, or finance charges, which may have occurred as a result of charges billed by Membergig.
Closing Account
If you choose to close your account you may go to your Account page to close your account. After you close your account, you will not be able to sign in to access any of your information. However, you can open a new account at any time. If you close your Membergig account, we have no obligation to retain your information and may delete any or all of your account information and content without liability. Information may be moved out of our active databases, but may still be retained in our systems. You acknowledge that if you have provided or shared information to third party users, retention of that information will be subject to those third parties policies and practices as described in these Terms.
Changes
We reserve the right, at our sole discretion, to modify, discontinue or terminate the Membergig Services or replace these Terms at any time. If we modify these Terms, we will post the modified Terms and alert you to the modified Terms on the Service or through the Site or email. By continuing to access or use the Membergig Services after we have posted a modification through the Service or have provided you with notice of a modification, you are indicating that you agree to be bound by the modified Terms. If the modified Terms are not acceptable to you, your only recourse is to cease using the Membergig Services.
However, each time that you use the Service, you should check the date of the Terms (set forth above) and review any changes that have been made since you last utilized the Service. By continuing to utilize the Services after any such changes are posted, you will agree and consent to any such changes.
Warranties And Dispute Resolution
Membergig MAKES NO WARRANTY THAT Membergig SERVICES OR Membergig CONTENT WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. YOUR USE OF THE Membergig SERVICES IS AT YOUR SOLE RISK, AND THE Membergig SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS Membergig, ITS OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS, FROM AND AGAINST ANY CLAIMS, LIABILITIES, DAMAGES, LOSSES AND EXPENSES, INCLUDING, WITHOUT LIMITATION, REASONABLE LEGAL AND ACCOUNTING FEES, ALLEGING, ARISING OUT OF OR RELATED TO ANY Membergig CONTENT OR ACCOUNTS AND RECORDS CREATED BY YOU, OTHER USERS, YOUR USE AND RELIANCE OF THIRD PARTY SERVICES AND/OR YOUR BREACH OF THESE TERMS.
You agree to first contact Membergig at support@Membergig.com regarding any claim or controversy arising out of or relating to these Terms of Use or your use of the Membergig Services. You and Membergig agree to settle any disputes, claims or controversy regarding use of the Membergig services through binding arbitration under the rules of the American Arbitration Association. Any such arbitration, to the extent necessary, shall be conducted in Atlanta, Georgia. You covenant not to sue Membergig in any other forum.
You also acknowledge and understand that if such disputes arise with Membergig regarding your use of the Membergig services or these Terms:
- You are giving up your right to have a trial by jury.
- You are giving up your right to serve as a representative, as a private attorney general, or any other representative capacity, or to participate as a member of a class of claimants in any lawsuit involving such disputes and
- You must file a claim within 1 (one) year after such claim arose or it is forever barred.
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