Service Agreement
YesGig Service Agreement
Welcome to YesGig’s jobs posting platform for temporary job opportunities and work availability (“Services”). You agree that by purchasing or otherwise using the Services, you are entering into a legally binding agreement. The Services allow your postings to be served on the www.YesGig.co website (“Site”) pursuant to the following terms and conditions:
1. Agreement. When you use our Services, you agree to the terms stated in this Agreement as well
as in our Privacy Policy and Terms of Use (“YesGig Agreements”). If you are using the Services on
behalf of a business or third party, you represent and warrant that you have the authority to do so
and to bind that business or third party to this Agreement, and your agreement to this Agreement will
be treated as their respective agreement. In this event, YesGig may hold you responsible for
violations of this Agreement by that business or third party, and “you”, “your” and “party” will also
refer and apply to that business or third party.
2. Disclaimer for Third-Party Content. YesGig’s Service enables you to search and receive
updates for job postings and work availability made by third parties. Job seekers may apply for jobs
and post work availability and employers may post jobs through the Service. A job posting may
redirect to an external third-party website. If an employer has posted a job using the Service, you
may review and apply for that job.
We do not own or control the posts listed on the Service. We may review posts at our discretion, but
we are not responsible for screening or censoring third-party job postings or content. We do not
control the hiring process or communications between job seekers and any third-party employers.
YesGig makes no representations or warranties regarding any third-party content, including job
postings or applications. Under Section 230 of the Communications Decency Act (and similar laws),
We are a platform service and not the publisher or speaker of any third-party content.
3. Assumption of Risk. YesGig is not responsible for reviewing third-party content, including
employer or job seeker content. You acknowledge and agree that we are a listing service only and
have no responsibility for the content, accuracy, completeness, or lawfulness of the listings or the
jobs they may describe. You accept that by using the Service you may be exposed to content that is
inaccurate, incomplete, misleading, offensive, or contrary to your needs or applicable laws; and you
understand that there are risks when dealing with other parties online. You assume those risks and
all risks of using the Service. It is your responsibility to conduct your own due diligence, including
through any interviews, research, and reference checks, and you are solely responsible for your
interactions with other users, for job postings and applications, and for any hiring or acceptance of a
job. Further, we are not responsible for storing or maintaining any information, subject to applicable
laws, and you should make and keep copies of your own data.
4. Children. The Service is directed to users who are 18 or older and otherwise competent to enter
lawful contracts under applicable law. By using the service, you agree that you are 18 years or older
and are competent to enter into contracts. We do not knowingly collect, either online or offline,
personal information from persons under the age of 18.
5. Service Postings. The Services are designed to connect candidates with temporary job
opportunities. All Posts are subject to the following:
5.1 User Responsibility, Obligations. You are responsible for (i) all postings and content submitted
by or on your behalf to YesGig, including but not limited to the job descriptions, work availability,
trademarks, images, URLs and any other information that comprise the posting or content
(collectively “Posting”); and (ii) all content and property to which Posting may direct viewers
(“Destination”). You are responsible for any activity pertaining to Posting. You may not resell or transfer access to
the Services to any other party.
5.1.2 Job Seekers. Job seekers further agree to only submit applications using real, accurate
information about themselves and to only use the Service in compliance with this Agreement and all
applicable laws. By applying for a job using the Service, job seekers consent to their job application
being shared with third parties interested in contacting them about their application.
5.1.3 Employers. Employers further agree to comply with all requirements for job postings, as
outlined in this Agreement, and with all applicable laws. In addition, Employers agree (i) that all
Posts shall be for properly and fully represented, bona fide job opportunities with a legitimate intent
to hire; (ii) no Post shall be for “business opportunities” that require payments or recruitment of
others or that resemble franchises, multi-level marketing, club memberships, distributorships, or are
entirely or almost entirely commission-based; it will not share identifiable candidate resume or
application data to any other parties; (iii) no Postings shall advertise employment positions, or
otherwise engage in recruitment or hiring practices that would be a violation of the law in your state
or country, the state or country where the job is to be performed, or the state of Colorado; (iv) it will
not engage in solicitations, communications or transactions that violate any applicable laws or
regulations related to the prohibition of employment discrimination, or that violate applicable laws
governing legal eligibility to work.
5.2 Limitations. Each Posting is limited to one (1) temporary, non-permanent, job opportunity or
request. Postings for solicitations for more than one position or request must have advanced
express authorization from YesGig.
5.3 Prohibited Activities. In using the Service you agree not to: (i) copy, distribute, or disclose any
part of the Service in any medium, including without limitation by any automated or non-automated
“scraping” (ii) use any automated system, including without limitation “robots” “spiders,” “offline
readers” etc., to access the Service in a manner that sends more request messages to our servers
than a human can reasonably produce in the same period of time by using a conventional online
website; (iii) transmit spam, chain letters, or other unsolicited email; (iv) attempt to interfere with,
compromise the system integrity or security, or decipher any transmissions to or from the servers
running the Service; (v) take any action that imposes, or may impose, an unreasonable or
disproportionately large load on our infrastructure; (vi) upload invalid data, viruses, worms, or other
software agents through the Service; (vii) collect or harvest any personally identifiable information
from the Service, except as expressly permitted by the features of the Service; (viii) use the Service
for any commercial solicitation purposes; (ix) impersonate another person or otherwise misrepresent
your affiliation with a person or entity, including in creating and using an account, conducting fraud,
hiding, or attempting to hide your identity; (x) interfere with the proper working of the Service; (xi)
access any content on the Service through any technology or means other than those provided or
authorized by the Service; (xii) bypass the measures we may use to prevent or restrict access to the
Service, including without limitation features that prevent or restrict use or copying of any content or
enforce limitations on use of the Service or the content therein; (xiii) create, use, edit, or publicize
any Posting content, including a job seeker application, or employer post, without proper
authorization; (xiv) provide any false, misleading, or unlawful information to us or in connection with
the Service; (xv) use the Service in any way that violates these Terms or any applicable law,
infringes the rights of third parties, or constitutes fraud, abuse, or harassment; or (xvi) use or monitor
the Service for any competitive commercial purpose.
5.4 YesGig Rights. YesGig may, in its sole discretion, modify, or terminate any part or all of the
Services or suspend your ability to use the Services. YesGig may, in its sole discretion, reject or
remove any Posting at any time for any reason, regardless of whether or not such Posting was
previously accepted or served.
5.5 License. As between you and YesGig, you own all Postings, whether directly via the Site or
indirectly (for example, via social media sites). However, it is important you understand that by
posting to our Site, you are granting us a worldwide, perpetual, irrevocable, non-exclusive, sub-
licensable, royalty-free license and right to use, copy, transmit, distribute, publicly display, and make
derivative works from your content (including without limitation, your name and likeness, photographs and testimonials) for any purpose whatsoever commercial or otherwise without compensation to you. In addition, you waive any so-called “moral rights” or “performance rights” in your content. You further grant all users of the Site permission to view your content for their
personal, non-commercial purposes. If you make suggestions to us on improving or adding new
features to the Site, we shall have the right to use your suggestions without any compensation to
you. For each Posting you submit, you represent and warrant that: (i) you have the right to submit
the content to us and grant the licenses set forth above; (ii) we will not need to obtain licenses from
any third party or pay royalties to any third party; (iii) the content does not infringe any third party’s
rights, including intellectual property rights and privacy rights; and (iv) the content complies with this
Agreement and all applicable laws.
6. Employer and Job Seeker Verification. Employers and job seekers are subject to verification by
YesGig. Failure to complete the verification process may result in termination of the Posting or non-
hire of a job.
6.1 Employer Verification. The location of the job and/or Employer will be verified. In addition, non-
personally identifiable hire history and worker comments and experiences with YesGig
posters/employers will be recorded and shared with other YesGig job seekers. If you identify that
you are using the Services on behalf of a business, you agree that YesGig may share information
about your Posting and use of the Services with that business, including its representatives and
agents. If that business indicates that you are no longer authorized to post on its behalf (e.g., if you
leave that business or change roles within that business), you agree you will be blocked from posting
on our Site.
6.2 Job Seeker Verification. The location, work experience, relevant certifications, and work
references will be verified by YesGig. In addition, work history and performance with YesGig job
posters/employers will be recorded and shared with other YesGig job posters/employers.
6.3 Your Due Diligence. You acknowledge and agree that although YesGig may, at its sole
discretion, engage in limited verification efforts, YesGig is not obligated to verify the identity,
qualifications, legitimacy, or authenticity of employers, job seekers, job postings, or applications. It is
your sole responsibility to perform your own due diligence before engaging with other users of the
Services. This includes, but is not limited to, conducting interviews, research, and reference checks
as necessary to evaluate the trustworthiness and suitability of any prospective employer or job
seeker.
6.4 YesGig Disclaimer. YesGig is not responsible for the outcome of any interactions,
communications, negotiations, or transactions conducted between users, including but not limited to
hiring decisions, job offers, or acceptances. You agree that you are solely responsible for your
decisions and actions arising from the use of the Services. Furthermore, YesGig makes no
representations, guarantees, or warranties, express or implied, regarding the accuracy,
completeness, or reliability of any information shared with, or received from, employers, job seekers,
or other users of the platform. All use of the Services is at your own risk, and YesGig disclaims all
liability for any loss or damage incurred as a result of your reliance on information obtained through
the Services. By using YesGig, you release YesGig, its affiliates, officers, employees, and agents
from any claims or liabilities arising from or related to your use of the Services.
7. Fees, Payment and Discretionary Refunds. Payments are handled through a third-party
payment processor, and you consent to your payment method to be charged for all outstanding
amounts. You agree to only provide accurate and complete billing and payment information; and you
represent that you are authorized to use the payment method for your purchase. You agree that
YesGig is entitled to interest at the highest rate permitted by law plus fees and costs incurred in
collecting any due payments. You further agree that your purchase may be subject to currency or
exchange fees, depending on your location.
There are no refunds, except in cases, in our sole discretion, involving material posting errors that
were caused solely by YesGig and that were not remedied within 5 days of your reporting of those errors to us. There will be no refunds in any other circumstances, including if employers close job postings early or if your account or posting is terminated for cause.
8. Notifications and Messages. You agree that we will provide notices and messages to you either
within the Services or sent to the contact information you provided us. You agree to keep your
contact information up to date. Please contact us at Privacy at YesGig dot co to limit or opt out of
messages you receive from us.
9. Sharing. Our Services allow sharing of information (including content) through your posts and
social media interaction. This means that information you share may be seen by third parties.
10. Intellectual Property Rights and Privacy. You grant to YesGig a non-exclusive, worldwide,
royalty-free, sublicensable and transferable license to use, copy, modify, distribute and publish your
Postings in connection with the performance of the Services (including for marketing and
promotional purposes). You represent and warrant that you own or have all necessary rights
(including intellectual property rights) to your Postings (including to grant the license above).
If you choose to provide suggestions or feedback to YesGig about Services, you agree that YesGig
can (but does not have to) use and share such feedback for any purpose without compensation to
you. You may not disclose any information about YesGig’s pricing, metrics, member demographics
or beta features. YesGig reserves all of its intellectual property rights in the Services as further
described in the User Agreement.
11. DMCA Notice and Procedure for Copyright Infringement Claims. If you believe the that
content on the YesGig Site infringes on your copyright, please submit a notification to us pursuant to
the Digital Millennium Copyright Act (“DMCA”) with the following information in writing to our
copyright agent at the address listed below or Legal at YesGig dot co (see 17 U.S.C §512(c)(3)): an
electronic or physical signature of the person authorized to act on behalf of the owner of the
copyright’s interest; a description of the copyrighted work that you claim has been infringed,
including the URL/location where the copyrighted work exists or a copy of the copyrighted work;
identification of the URL or other specific location on the Service where the material that you claim is
infringing is located; your address, telephone number, and email address; a statement by you that
you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent,
or the law; a statement by you, made under penalty of perjury, that the above information in your
notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s
behalf. We will respond as authorized, such as by taking down violative content, and may provide a
copy of your notice to the pertinent user. Before submitting a notice, you should consider whether
the use could be fair use. If you are unsure about your rights, you should contact an attorney. You
may be liable for costs and fees for misrepresentative submissions.
If you believe we removed your content in error, you may file a counter-notice pursuant to the DMCA
with the following information in writing to our copyright agent at the address listed below or legal at
YesGig dot co: a clear description of the material and prior location; a statement that you consent to
the jurisdiction of the federal district court for the district where you reside and that you will accept
service of process; your contact information; and a statement signed by you under penalty of perjury
that you have a good faith belief the content was removed as a result of mistake or misidentification.
If you are a repeat infringer, we may terminate your access to the Service under a repeat infringer
policy.
Written notices to our copyright agent may be emailed to:
YesGig, LLC
Attn.: Legal
PO Box 205
Rico, CO 81332
Legal at Yes Gig dot co
12. Disclaimer of Warranties. TO THE EXTENT PERMITTED UNDER LAW, IN ADDITION TO
DISCLAIMING ALL IMPLIED WARRANTIES AND OTHER WARRANTIES AS PROVIDED IN THE
YESGIG AGREEMENTS, YESGIG AND ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS,
OFFICIALS AND RELATED ENTITIES CONTROLLED DIRECTLY OR INDIRECTLY BY YESGIG,
DISCLAIM ALL WARRANTIES REGARDING THE SERVICES, INCLUDING BUT NOT LIMITED TO
ANY WARRANTY (A) ABOUT THE ACCURACY OF ANY CANDIDATE INFORMATION
(INCLUDING BUT NOT LIMITED TO CANDIDATE APPLICATIONS, CANDIDATE IDENTITIES,
RECOMMENDATIONS, CONNECTIONS, AND REFERENCES); (B) CONCERNING THE RATE AT
WHICH YOUR POSTINGS BECOME AVAILABLE ON THE SITE; (C) CONCERNING THE
RESULTS OF YOUR POSTING; OR (D) THAT THE SERVICES WILL BE UNINTERRUPTED OR
ERROR-FREE.
13. Indemnification. Notwithstanding any review or approval of any Posting by YesGig, you agree
to indemnify and hold harmless YesGig and its directors, officers, employees, agents, officials and
related entities controlled directly or indirectly by YesGig, from any damages, losses and costs
(including, but not limited to, reasonable attorney’s; fees) related to third party claims or proceedings,
arising out of or related to your Postings, Destinations, use of the Services, any candidate hiring or
employment decisions, and breach of the YesGig Agreements.
14. Limitation of Liability. TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL
YESGIG, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, OFFICIALS AND RELATED
ENTITIES CONTROLLED DIRECTLY OR INDIRECTLY BY YESGIG BE LIABLE FOR ANY
DAMAGES WHATSOEVER INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL
PUNITIVE AND CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION THOSE
RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT
OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THE SERVICE, ANY WEB
SITES LINKED TO THE SERVICE, THE MATERIALS OR INFORMATION CONTAINED AT ANY
OR ALL SUCH SITES, OR THE CONTENT ANYWHERE ON THE INTERNET, WHETHER BASED
ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR
NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
15. Dispute Resolution – Mediation and Arbitration. The parties acknowledge that it is in their
respective best interests to resolve disputes arising out of the relationship created by this Agreement
through mutual agreement without the assistance of the judicial process whenever reasonably
possible. The parties agree that as a condition precedent to the institution of any litigation of issues
between the parties arising out of this Agreement, the following efforts will be undertaken: disputes
which are not promptly resolved shall be submitted to mediation, the costs of the Mediator shared
equally between the parties In the event the dispute is not resolved through mediation, then the
parties shall proceed with arbitration in Telluride, Colorado, or other such location as mutually
agreed upon by the parties, pursuant to the rules then applying of the American Arbitration
Association and the laws of the state of Colorado. If arbitration is elected, there shall be a single
arbitrator jointly selected by the parties to any such dispute. The arbitrator shall have the right and
authority to assess the cost of the arbitration proceedings and to determine how the arbitrator’s
decision or determination as to each issue or matter in dispute may be implemented or enforced.
The decision or award in writing of the arbitrator shall be binding and conclusive on the parties to this
Agreement. There shall be no appeal therefrom other than for bias, fraud or misconduct; judgment
upon such decision or award may be entered in any competent federal or state court located in the
United States of America; and application may be made to such court for confirmation of such
decision or award, for an order of enforcement and for any other legal remedies that may be
necessary to effectuate such decision or award.
15.1 Class Action Waiver. THIS AGREEMENT LIMITS YOUR RIGHTS TO BRING CLAIMS IN
COURT OR AS PART OF A CLASS ACTION. BY ACCEPTING THESE TERMS, YOU AGREE
THAT ALL CLAIMS MUST BE BROUGHT IN ARBITRATION ON AN INDIVIDUAL BASIS ONLY.
YOU WAIVE THE RIGHT TO PARTICIPATE AS A CLASS MEMBER OR REPRESENTATIVE IN
ANY CLASS ACTION OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT JOIN
OR CONSOLIDATE CLAIMS FROM MULTIPLE PARTIES, MAY NOT PRESIDE OVER ANY
CLASS, REPRESENTATIVE, OR CONSOLIDATED ACTION, AND MAY NOT AWARD RELIEF
BEYOND WHAT’S NECESSARY FOR THE INDIVIDUAL CLAIM. THIS WAIVER OF CLASS
ACTION RIGHTS IS A CRUCIAL PART OF THIS AGREEMENT. IF THIS WAIVER IS FOUND TO
BE LIMITED OR VOID, THE ENTIRE ARBITRATION AGREEMENT BECOMES NULL AND VOID,
SUBJECT TO APPEAL. YOU ACKNOWLEDGE THAT WITHOUT THESE TERMS, YOU WOULD
HAVE THE RIGHT TO SUE IN COURT WITH A JURY. BY AGREEING TO THESE TERMS, YOU
ARE KNOWINGLY WAIVING THESE RIGHTS IN FAVOR OF INDIVIDUAL ARBITRATION.
This dispute resolution provision applies equally to all parties and shall not be interpreted to the
disadvantage of the party who drafted it. If any part of this provision is found to be unenforceable,
that specific part shall be severed from the agreement. The remaining portions of this Agreement will
continue to be valid and enforceable to the fullest extent permitted by law.
16. Termination. Both you and YesGig may terminate this Agreement at any time with notice to the
other. On termination, you lose the right to access or use the Services. The following shall survive
termination (i) our rights to use and disclose your feedback; (ii) Sections 10-14 of this Agreement;
and any amounts owed by either party prior to termination remain owed after termination.
17. Miscellaneous.
17.1 Relationship of the Parties. None of the YesGig Agreements create a partnership, agency
relationship, employer relationship or joint venture between the parties.
17.2 Modification; Entire Agreement. YesGig may change the terms of the YesGig Agreements
and both parties agree that changes cannot be retroactive. If you do not agree to these changes,
you must stop using the Services. This Agreement and any YesGig Agreements (including additional
terms that may be provided by us when you engage with a feature of the Services) is the only
agreement between us regarding the Services and supersedes all prior agreements for the Services.
17.3 No Waiver. If we don’t act to enforce a breach of this Agreement, that does not mean that we
have waived our rights to enforce this Agreement.
17.4. Assignment. You may not assign or transfer this Agreement or your use of the Services to
anyone without our consent. However, you agree that we may assign this Agreement to our affiliates
or successive owner without your consent. There are no third-party beneficiaries to this Agreement.
17.5 Severability. If any part of this Agreement is deemed unenforceable, you and we agree that
the court should modify the terms to make that part enforceable while still achieving its intent. If the
court cannot do that, you and we agree to ask the court to remove that unenforceable part and still
enforce the rest of this Agreement.
ACKNOWLEDGED AND AGREED.