Version Date: December 18, 2020
TERMS OF USE AGREEMENT
This Terms of Use Agreement (“Agreement”) constitutes a legally binding agreement made between you,
whether personally or on behalf of an entity (“user” or “you”) and GigCorp, LLC and its affiliated
companies (collectively, “Gig” or “Company” or “we” or “us” or “our”), concerning your access to and use
of the gig.vet website as well as any other media form, media channel, mobile website or mobile
application related or connected thereto (collectively, the “Website”).
The Website provides the following services (collectively, the “Services”): The Gig Platform provides a
space where licensed veterinarians and other qualified veterinary professionals who have registered as
users of the Gig Platform such as “Veterinarians, Veterinary Technicians (licensed and unlicensed),
Veterinary Assistants, or Hospital Managers” can be connected with veterinary hospitals/clinics,
veterinarian offices or other facilities engaged in the practice of veterinary medicine who have registered
as users of the Gig Platform (“Hospitals”) where the Hospitals are seeking the services of a Veterinarian,
Veterinary Technician (licensed and unlicensed), Veterinary Assistant, or Hospital Manager on an
independent contractor basis to perform veterinary services as directed by the Hospital under temporary
working arrangements consisting of one or more full or partial day timeframes. Temporary working
arrangements are hereby known as a “Shift” or a “Gig”). Veterinarians (owners and non-owners),
Veterinary Technicians (licensed and unlicensed), Veterinary Assistants, Hospital Managers and Hospitals
may be individually referred to herein as a “Users” and collectively referred to herein as “Users.” The Gig
Platform and Services are intended for professional and commercial use solely by licensed veterinarians
and other qualified veterinary professionals and businesses engaged in the lawful practice of veterinary
medicine.
The Gig Platform allows a Hospital to identify potential Gigs for which it is seeking Professionals to
perform Veterinary Services and for one or more Professionals to offer to perform Veterinary Services for
such prospective Gigs. To the extent that one or more Professionals offer to perform Veterinary Services
for any prospective Gig identified by a Hospital, the Hospital will select from among such offers to fill the
prospective Gig within the time period established by the Gig Platform for such circumstances. You
acknowledge and agree that any decision by a Veterinarian, Veterinary Technician (licensed and
unlicensed), Veterinary Assistant, or Hospital Manager to offer a Gig is a decision made in such Hospital’s
sole discretion and any decision by a Veterinarian, Veterinary Technician (licensed and unlicensed),
Veterinary Assistant, or Hospital Manager to accept a Gig offered by a Veterinarian, Veterinary Technician
(licensed and unlicensed), Veterinary Assistant, or Hospital Manager is a decision made in such
Hospital’s sole discretion.
GigCorp, LLC may offer additional Services, or update, revise or otherwise modify the Gig Platform and
any Services; or textual, aural, or visual content published on the website (collectively known as
“Content”), in which case this User Agreement shall apply to the modified Gig Platform and any and all
State of Texas
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TERMS OF SERVICE AND USER AGREEMENT
Terms of Service and User Agreement (Rev. 732AR44)
such additional or modified Services or Content. Gig reserves the right to cancel, discontinue, suspend,
cease, or otherwise stop offering the Gig Platform or any Services or Content, with or without prior notice,
either generally or specifically with respect to you. You agree that Gig shall not be held liable for any such
additions, updates, revisions, modifications, discontinuances, suspensions, cancellation or cessation of
any of the Gig Platform, Services and/or Content. (“Company Services”).
Supplemental terms and conditions or documents that may be posted on the Website from time to time,
are hereby expressly incorporated into this Agreement by reference. Company makes no representation
that the Website is appropriate or available in other locations other than where it is operated by Company.
The information provided on the Website is not intended for distribution to or use by any person or entity
in any jurisdiction or country where such distribution or use would be contrary to law or regulation or
which would subject Company to any registration requirement within such jurisdiction or country.
Accordingly, those persons who choose to access the Website from other locations do so on their own
initiative and are solely responsible for compliance with local laws, if and to the extent local laws are
applicable. Leadership, employees, or any other agent of other staffing services are strictly prohibited
from using, replicating, or distributing information about our proprietary platform and associated content.
All users who are minors in the jurisdiction in which they reside (generally under the age of 18) are not
permitted to register for the Website or use the Company Services.
PLEASE READ THIS User Agreement CAREFULLY. YOU ACCEPT AND AGREE TO BE BOUND BY
THIS AGREEMENT BY ACKNOWLEDGING SUCH ACCEPTANCE DURING THE REGISTRATION
PROCESS (IF APPLICABLE) AND ALSO BY CONTINUING TO USE THE WEBSITE IF YOU
DOWNLOAD, INSTALL, OTHERWISE ACCESS OR USE THE Website IN ANY WAY, INCLUDING BY
ANY MEANS THROUGH SOMEONE ELSE’S ACCOUNT OTHER THAN YOUR OWN. IF YOU DO NOT
AGREE TO ABIDE BY THIS AGREEMENT, OR TO MODIFICATIONS THAT COMPANY MAY MAKE TO
THIS AGREEMENT IN THE FUTURE, DO NOT USE OR ACCESS OR CONTINUE TO USE OR
ACCESS THE COMPANY SERVICES OR THE WEBSITE.
PURCHASES AND PAYMENT
We use Stripe Payments Company. Please read the terms and conditions of Stripe carefully, as these
are the financial services terms that apply to the services provided by Stripe. You agree to pay Company
all charges at the prices then in effect for the products and/or services. You authorize Company to charge
your payment provider for any such purchases.
You agree to make payment and you agree to accept and adhere to the Stripe Services Agreement
United States. If you have ordered a product or service that is subject to recurring charges then you
consent to our charging your payment method on a recurring basis, without requiring your prior approval
from you for each recurring charge until such time as you cancel the applicable product or service.
Company reserves the right to correct any errors or mistakes in pricing that it makes even if it has already
requested or received payment. Sales tax will be added to the sales price of purchases as deemed
required by Company. Company may change prices at any time.
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The Company sets the pricing terms for the Service and reserves the right to change such terms at any
time, in the Company's sole discretion. In the event we change the pricing terms for the Service, we will
provide you with prompt written notice thereof. You hereby authorize us to collect from Users receiving
Services from you through the Website the fee for such Services in accordance with the Company’s fee
schedule. You agree to refrain from contacting Users outside of the Website to arrange different payment
terms for the Services.
Upon addition of a new payment method, Gig may seek authorization of the selected payment method to
verify the payment method, ensure payment charges will be covered, and protect against unauthorized
behavior. The authorization is not a charge, but it may reduce your available credit by the authorization
amount until your bank’s next processing cycle. Should the amount of the authorization exceed the total
funds on deposit in your account, you may be subject to overdraft of NSF charges by the bank issuing
your debit or prepaid card. Gig shall not be held responsible for these charges and is unable to assist you
in recovering them from your issuing bank.
All payments shall be in U.S. dollars.
RETURN POLICY
Please review our Return Policy posted on our Website prior to making any purchases. For questions,
email support@gig.vet.
USER REPRESENTATIONS
Regarding Your Registration
By using GigCorp, LLC Services, you represent and warrant that:
A. all registration information you submit is truthful and accurate;
B. you will maintain the accuracy of such information;
C. you will keep your password confidential and will be responsible for all use of your password and
account;
D. you are over 18 years old, and;
E. your use of the Company Services does not violate any applicable law or regulation.
You also agree to: (a) provide true, accurate, current and complete information about yourself as
prompted by the Website’s registration form and (b) maintain and promptly update registration data to
keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not
current or incomplete, or Company has reasonable grounds to suspect that such information is untrue,
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inaccurate, not current or incomplete, Company has the right to suspend or terminate your account and
refuse any and all current or future use of the Website (or any portion thereof).
We reserve the right to remove or reclaim or change a user name you select if we determine appropriate
in our discretion, such as when the user name is obscene or otherwise objectionable or when a
trademark owner complains about a username that does not closely relate to a user's actual name.
Regarding Content You Provide
The Website may invite you to chat or participate in blogs, message boards, online forums and other
functionality and may provide you with the opportunity to create, submit, post, display, transmit, perform,
publish, distribute or broadcast content and materials to Company and/or to or via the Website, including,
without limitation, text, writings, video, audio, photographs, graphics, comments, suggestions or
personally identifiable information or other material (collectively "Contributions"). Any Contributions you
transmit to Company will be treated as non-confidential and non-proprietary. When you create or make
available a Contribution, you thereby represent and warrant that:
A. the creation, distribution, transmission, public display and performance, accessing, downloading
and copying of your Contribution does not and will not infringe the proprietary rights, including but not
limited to the copyright, patent, trademark, trade secret or moral rights of Gig or any third party;
B. you are the creator and owner of or have the necessary licenses, rights, consents, releases and
permissions to use and to authorize Gig and the Website users to use your Contributions as
necessary to exercise the licenses granted by you under this Agreement;
C. you have the written consent, release, and/or permission of each and every identifiable individual
person in the Contribution to use the name or likeness of each and every such identifiable individual
person to enable inclusion and use of the Contribution in the manner contemplated by this Website;
D. your Contribution is not obscene, lewd, lascivious, filthy, violent, harassing or otherwise
objectionable (as determined by Company), libelous or slanderous, does not ridicule, mock,
disparage, intimidate or abuse anyone, does not advocate the violent overthrow of any government,
does not incite, encourage or threaten physical harm against another, does not violate any applicable
law, regulation, or rule, and does not violate the privacy or publicity rights of Gig or any third party;
E. your Contribution does not contain material that solicits personal information from anyone under 18
or exploit people under the age of 18 in a sexual or violent manner, and does not violate any federal or
state law concerning child pornography or otherwise intended to protect the health or well-being of
minors;
F. your Contribution does not include any offensive comments that are connected to race, national
origin, gender, sexual preference or physical handicap;
G. your Contribution does not otherwise violate, or link to material that violates, any provision of this
Agreement or any applicable law or regulation.
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CONTRIBUTION LICENSE
By posting Contributions to any part of the Website, or making them accessible to the Website by linking
your account to any of your social network accounts, you automatically grant, and you represent and
warrant that you have the right to grant, to Company an unrestricted, unconditional, unlimited, irrevocable,
perpetual, non-exclusive, transferable, royalty-free, fully paid, worldwide right and license to host, use,
copy, reproduce, disclose, sell, resell, publish, broadcast, retitle, archive, store, cache, publicly perform,
publicly display, reformat, translate, transmit, excerpt (in whole or in part) and distribute such
Contributions (including, without limitation, your image and voice) for any purpose, commercial,
advertising, or otherwise, to prepare derivative works of, or incorporate into other works, such
Contributions, and to grant and authorize sub-licenses of the foregoing. The use and distribution may
occur in any media formats and through any media channels. Such use and distribution license will apply
to any form, media, or technology now known or hereafter developed, and includes our use of your name,
company name, and franchise name, as applicable, and any of the trademarks, service marks, trade
names and logos, personal and commercial images you provide. Company does not assert any
ownership over your Contributions; rather, as between us and you, subject to the rights granted to us in
this Agreement, you retain full ownership of all of your Contributions and any intellectual property rights or
other proprietary rights associated with your Contributions.
Company has the right, in our sole and absolute discretion, to (i) edit, redact or otherwise change any
Contributions, (ii) re-categorize any Contributions to place them in more appropriate locations or (iii) pre-
screen or delete any Contributions that are determined to be inappropriate or otherwise in violation of this
Agreement.
By uploading your Contributions to the Website, you hereby authorize Company to grant to each end user
a personal, limited, no-transferable, perpetual, non-exclusive, royalty-free, fully paid license to access,
download, print and otherwise use your Contributions for t heir internal purposes and not for distribution,
transfer, sale or commercial exploitation of any kind.
PERFORMANCE OF VETERINARY SERVICES
To the extent that you are a Veterinarian, Veterinary Technician (licensed and unlicensed), Veterinary
Assistant, or Hospital Manager performing Veterinary Services as a result of use of the Gig Platform, you
represent, warrant, covenant and agree that:
A. To the extent that you indicate through the Gig Platform that you are a licensed veterinarian or
veterinary professional (rather than a non-licensed veterinary professional), you are duly licensed
as indicated by the applicable governmental authority in the jurisdiction in which the Veterinary
Services are performed.
B. You have all of the qualifications, credentials and/or certifications identified by you through your
interactions through the Gig Platform (including any qualifications, credentials and/or certifications
you specify in your profile or in your communications with the relevant Hospital) and all of the
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information, data, images, documents and other materials you provide to the Hospital through the
Gig Platform or otherwise is accurate, correct, current and complete and you will promptly update
such materials to ensure they remain accurate, correct, current and complete. You will promptly
update your qualifications, credentials and/or certifications and all of the information, data, images,
documents and other materials you make available through the Gig Platform after any changes in
the status thereof to ensure they remain accurate, correct, current and complete.
C. You will perform the Veterinary Services as directed by the Hospital in a professional, competent
and timely manner, in accordance with all applicable laws, regulations, self- governing professional
organizational rules and best industry practices. Without limitation to the foregoing, you will arrive at
the Hospital on time for your Gig and perform the Veterinary Services for the entire Gig, unless
otherwise agreed with the Hospital and documented through the Gig Platform.
D. You will not demand or request, and will not accept, any payment or compensation from any
Hospital for any Veterinary Services or other activity you perform during any Gig, otherwise alter
the scope, nature or duration of the Veterinary Services to be performed during any Gig, except
through transactions completed through the Gig Platform, or otherwise engage in any activity that is
inconsistent with your obligations under this User Agreement.
E. You will pay all applicable federal, state and local taxes based on your provision of Veterinary
Services and any payments received by you in connection therewith. You have provided, or will at
the request of Gig at any time provide, an executed Form W-9 or other tax document as may be
required by Gig. You acknowledge that Gig will report compensation paid to you as required by
applicable law and at no time shall Gig be responsible for paying, withholding or otherwise
reporting any federal taxes, state taxes, or local taxes or other contributions imposed by or required
under any federal, state or local tax statute or taxing authority.
F. To the extent that you indicate through your interactions through the Gig Platform that you maintain
such a policy of professional liability insurance, you have a valid policy of such professional liability
insurance (in coverage amounts consistent with all applicable legal requirements and any
additional requirements specified through the Gig Platform) that covers your performance of
Veterinary Services.
G. In the event that you are a Veterinarian, Veterinary Technician (licensed and unlicensed), Veterinary
Assistant, or Hospital Manager who does not perform the Veterinary Services in accordance with
the requirements of this User Agreement (including, by way of example and not limitation, if you do
not arrive at the Hospital on time at the commencement of your Gig or perform the Veterinary
Services for the entire Gig, unless otherwise agreed with the Hospital through the Gig Platform),
Gig may suspend or terminate your access to the Gig Platform and the Services and/or deactivate
your account, in its sole discretion, and may, to the extent permitted by law, reduce or eliminate the
Gig Compensation otherwise payable to you for the Gig.
H. To the extent that you are a Hospital retaining a Veterinarian, Veterinary Technician (licensed and
unlicensed), Veterinary Assistant, or Hospital Manager to perform Veterinary Services as a result of
use of the Gig Platform, you represent, warrant, covenant and agree that:
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I. You are duly authorized to operate your Hospital and offer and engage in the practice of veterinary
medicine by the applicable governmental authority in the jurisdiction in which the Veterinary
Services are performed. You will operate your Hospital in accordance with all applicable laws,
regulations, self-governing professional organizational rules and best industry practices.
J. You have all of the qualifications, credentials and/or certifications identified by you through your
interactions through the Gig Platform (including any qualifications, credentials and/or certifications
you specify in your profile or in your communications with the relevant Professionals) and all of the
information, data, images, documents and other materials you have or will provide to any
Veterinarian, Veterinary Technician (licensed and unlicensed), Veterinary Assistant, or Hospital
Manager through the Gig Platform or otherwise is accurate, correct, current and complete. You will
promptly update your qualifications, credentials and/or certifications and all of the information, data,
images, documents and other materials you make available through the Gig Platform after any
changes in the status thereof to ensure they remain accurate, correct, current and complete.
K. You will supervise the performance of the Veterinary Services and exercise due care and judgment
in the utilization of any Veterinarian, Veterinary Technician (licensed and unlicensed), Veterinary
Assistant, or Hospital Manager performing Veterinary Services.
L. You will not pay any compensation or other amount to any Veterinarian, Veterinary Technician
(licensed and unlicensed), Veterinary Assistant, or Hospital Manager for any Veterinary Services or
other activity performed during any Gig, otherwise alter the scope, nature or duration of the
Veterinary Services to be performed during any Gig, except through transactions completed
through the Gig Platform, or otherwise engage in any activity that is inconsistent with your
obligations under this User Agreement.
M. You will not keep the Veterinarian, Veterinary Technician (licensed and unlicensed), Veterinary
Assistant, or Hospital Manager beyond what was agreed upon on the Gig Platform. Applicable fees
could apply should a veterinary professional be required to work past their agreed upon Gig time,
whether the independent contractor consents or not.
N. In the event that you are a Hospital which does not comply with the requirements of this User
Agreement, Gig may suspend or terminate your access to the Gig Platform and the Services and/or
deactivate your account, in its sole discretion.
NON-SOLICITATION OF PROFESSIONALS BY PRACTICES
Users acknowledge and agree that, in reliance upon the protective covenants set forth in this User
Agreement, Gig is providing Practices with valuable proprietary information through the Gig Platform
concerning Professionals seeking work as veterinary professionals and is providing Professionals with
valuable information through the Gig Platform concerning Practices seeking Professionals who are willing
and able to provide veterinary services. Users further acknowledge and agree that the creation and
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operation of the Gig Platform required and requires the utilization of substantial resources by Gig and that
Gig would not facilitate the matching of Practices and Professionals, and the attendant exchange of
proprietary information in the absence of any restrictive covenants and that any restrictions set forth in
this document are reasonable.
Accordingly, (a) each Hospital agrees that it shall not, except with the prior express consent of Gig, hire or
offer to hire as an employee, or retain or offer to retain as a contractor to perform Gigs, whether on a full-
time or part-time basis, to any Veterinarian, Veterinary Technician (licensed and unlicensed), Veterinary
Assistant, or Hospital Manager who has performed or offered to perform any Veterinary Services for such
Hospital for a Gig or with whom such Hospital has come into contact through the Gig Platform during
twelve month period prior to such offer, hire or retention, and (b) each Veterinarian, Veterinary Technician
(licensed and unlicensed), Veterinary Assistant, or Hospital Manager agrees that he or she shall not,
except with the prior express consent of Gig, accept any offer for employment as an employee, or accept
any offer for retention as a contractor on an recurring basis, whether on a full-time or part-time basis, or
otherwise accept employment by or perform services for, any Hospital for which he or she has performed
or offered to perform any Veterinary Services for Gig or with which he or she has come into contact
through the Gig Platform.
Each Hospital and Veterinarian, Veterinary Technician (licensed and unlicensed), Veterinary Assistant, or
Hospital Manager acknowledges and agrees that any decision by Gig to consent to any waiver the
foregoing restrictions will be on a case-by-case basis and will require the payment by the Hospital of a
waiver fee, which may be a consent waiver fee specified on the Gig Platform from time to time or may
which may be an ad hoc amount specified by Gig (the “Consent Fee”). To the extent that a Hospital
elects, with the consent of Gig, to extend an offer to hire as an employee, or retain as a contractor,
whether on a full-time or part-time basis, to any Veterinarian, Veterinary Technician (licensed and
unlicensed), Veterinary Assistant, or Hospital Manager who has performed or offered to perform any
Veterinary Services for such Hospital for a Gig or with whom such Hospital has come into contact through
the Gig Platform (each a “Placement”), the Hospital and Veterinarian, Veterinary Technician (licensed and
unlicensed), Veterinary Assistant, or Hospital Manager each agrees to promptly notify Gig of such offer for
Placement and shall provide such information relating to such Placement Offer as may be required by
Gig. In the event that any Veterinarian, Veterinary Technician (licensed and unlicensed), Veterinary
Assistant, or Hospital Manager and Hospital reach agreement on the terms of any Placement, the
Hospital and Veterinarian, Veterinary Technician (licensed and unlicensed), Veterinary Assistant, or
Hospital Manager each agrees to promptly notify Gig of such Placement and the Hospital shall pay any
consent fees and any third-party charges paid or payable by Gig in connection with such Placement.
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Without limitation to its other rights and remedies under this User Agreement, in the event that any
User(s) violate this section!through an unauthorized or unreported Placement, Gig reserves the right (a)
to deactivate the account of, or otherwise suspend or terminate access to the Gig Platform by, any such
User(s), (b) to recover from such User(s) the Consent Fee and any third-party charges that would have
been associated with any such Placement (and Gig is authorized to charge the payment method on file in
accordance with the section involving “Payment Methods” set forth below, and (c) recover all such other
damages, costs and amounts Gig can demonstrate that it has sustained as a result of such Placement.
REFER TO THE DISINTERMEDIATION POLICY FOR FURTHER INFORMATION.
INDEPENDENT CONTRACTORS
There are significant differences in being classified as an “independent contractor” rather than an
“employee.” One important difference is that!The Fair Labor Standards Act!the federal law that requires
minimum wage and overtime pay only applies to employees. Independent contractors are not covered.
This means that independent contractors do not have to be paid time and a half for working overtime. As
a result, employers have a significant economic incentive to misclassify employees as independent
contractors, and often do in an attempt to avoid paying overtime wages. Additionally, employers must pay
social security, Medicare, workers compensation for!on the job injuries!and unemployment taxes on
wages of employees. Independent contractors are individually responsible for paying income tax and self-
employment taxes.
Merely labeling a worker an independent contractor or having them sign an agreement does not
necessarily make them an independent contractor and not entitled to overtime. Because it is not always
clear whether a worker is an employee or an independent contractor, multiple factors are considered.
There is no set number of factors that qualifies a worker and this determination must be made on a case-
by-case basis.
Factors indicating that a worker is an employee:
Employer has the right to direct and control the worker (even if he does not do so)
Paid on an hourly, weekly, or monthly basis
Uses equipment, tools, and materials provided by the employer
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Receives predetermined earnings and cannot realize significant profits or loss
Schedule dictated by the employer
Trained by the employer, either formally or informally
Receives benefits, such as insurance, pension, or paid vacation or sick leave
The relationship between employer and worker is ongoing – not on a job or!project basis
Factors indicating that a worker is an independent contractor include:
A contract stating the worker is an independent contractor, although this is not determinative
Free to determine how the work gets done
Paid for each individual job
Uses his own equipment, tools, or materials
Can personally realize significant profits or losses in the business
Works temporarily or on individual jobs
Independent Contractor Misclassification.
Depending on the state, the Department of Labor finds that 11 to 30 percent of employers!misclassify at
least part of their workforce as independent contractors. Why so common? Because companies can save
up to 30 percent in pay, taxes, and benefit payments per individual!by paying them as contractors not
employees.
Some states are tightening laws and regulations to stop employers from misclassifying their employees.
For example,!California!passed a law last year to declare app drivers employees of the platforms that
profit from them, and Uber and Lyft drivers have won court cases in states such as!New
York!and!Pennsylvania!acknowledging that the drivers are employees.
Terms of Service and User Agreement (Rev. 732AR44)
Even if an employer improperly classifies an employee as an independent contractor, it can still
potentially escape the tax obligations if there was a reasonable basis for doing so. Examples of a
reasonable basis include:
A longstanding, widely recognized practice of treating similar workers as independent contractors
A court ruling treating workers in similar circumstances as independent contractors
An IRS Revenue Ruling stating that similar workers are not employees
A previous IRS payroll audit that did not determine that similar workers are employees
While an employer may be able to escape tax obligations, it will not be able to escape its overtime pay
law obligations to the workers it misclassified. So long as the workers assert their claim within the
applicable statute of limitations, they will be able to recover their!unpaid overtime!wages (potentially
double), despite the reasons or beliefs that led the employer to improperly classify them as independent
contractors.
A worker can get an official determination from the IRS on whether he is an employee or independent
contractor by!filing a form SS-8, although the process can take up to six months.
PAYMENT OF SHIFT COMPENSATION TO VETERINARIANS AND VETERINARY TECHNICIANS
You are entitled to Gig Compensation for each Shift that you work as a Veterinarian, Veterinary
Technician (licensed and unlicensed), Veterinary Assistant, or Hospital Manager. Payment will be made
by direct deposit using the banking information you provide through the GigCorp, LLC user Platform. You
acknowledge that if the banking information you provide through the GigCorp, LLC user Platform is
incorrect or incomplete, or if you fail to keep it up to date, the payment of Gig Compensation may be
misdirected or delayed.
The “Shift Compensation” or “Gig Compensation” consists of the amount or rate agreed by you and the
Hospital at the time you and the Hospital agree to the Shift. GigCorp, i.e. “Gig,” reserves the right to
adjust or withhold all or a portion of a Shift Compensation or other payment owed to you (i) if it believes
that you have attempted to defraud or abuse the Hospital, GigCorp, LLC or its payment systems, or (ii) in
order to resolve a complaint raised by a Hospital (e.g., a Hospital alleges that you did not perform the
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Veterinary Services in accordance with the requirements of this User Agreement or the terms specified for
the Gig). GigCorp, LLC’s decision to adjust or withhold the Gig Compensation or other payment in any
way shall be exercised in a reasonable manner. GigCorp will use reasonable efforts to ensure that your
Gig Compensation and any other payments to you will be paid to you on a regular basis as specified in
the GigCorp, LLC user Platform. You acknowledge and agree that all payments owed to you shall not
include any interest and, to the extent that “Gig” is at any time required by law to withhold any amounts,
you authorize it to do so.
PAYMENT OF SHIFT COMPENSATION BY HOSPITAL
In exchange for the use of the Gig Platform and the services provided by GigCorp, LLC, you agree that
“Gig” shall receive a service fee (“Gig Fee”) for each Gig for which a Veterinarian, Veterinary Technician
(licensed and unlicensed), Veterinary Assistant, or Hospital Manager is matched with a Hospital to
perform Veterinary Services through the GigCorp, LLC user Platform. The Gig Fee for each Gig shall be a
determined amount (or an amount that can be determined from the information supplied by the
Veterinarian, Veterinary Technician (licensed and unlicensed), Veterinary Assistant, or Hospital Manager
and the Hospital prior to the agreement to the Gig) as displayed to the Hospital through the Gig Platform
at the time of the acceptance of the Gig. In addition, you agree that Gig shall be reimbursed for any third-
party charges (including processing fees) paid or payable by Gig in connection with any Shift (“Third Party
Fees”). You agree that Gig has the authority and reserves the right to determine and modify pricing by
posting applicable pricing terms in the Gig Platform or quoting you an amount or rate for any Gig at the
time you make a request. You are responsible for reviewing, and remaining familiar with, the applicable
price quote within the Gig Platform and shall be responsible for all charges incurred under your account
regardless of your awareness of such charges or the amounts thereof. You also expressly authorize Gig’s
service providers, TMGvets, Inc. or Stripe, to originate credit transfers to your financial institution account.
For each Shift, the Hospital agrees to pay “GigCorp” or “Gig” the sum of (a) all compensation Gig is
required to pay to the Veterinarian, Veterinary Technician (licensed and unlicensed), Veterinary Assistant,
or Hospital Manager performing the Shift, including the Gig Compensation payable to the Veterinarian,
Veterinary Technician (licensed and unlicensed), Veterinary Assistant, or Hospital Manager performing the
Shift and, if applicable, any required withholding or other taxes, (b) the Gig Fee for the Shift, and (c) any
applicable Third Party Fees.
All such payments shall be made in accordance with “Payment Methods” set forth below. Each Hospital
acknowledges that the establishment through the Gig Platform of a payment mechanism in accordance
with our “Payment Methods” is a prerequisite to utilizing the functionality of the Gig Platform.
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GUIDELINES FOR REVIEWS
Company may accept, reject or remove reviews in its sole discretion. Company reserves the right to
develop and implement its own private, exclusive, proprietary User rating system.
Company has absolutely no obligation to screen reviews or to delete reviews, even if anyone considers
reviews objectionable or inaccurate. Those persons posting reviews should comply with the following
criteria: (1) reviewers should have firsthand experience with the person/entity being reviewed; (2) reviews
should not contain: offensive language, profanity, or abusive, racist, or hate language; discriminatory
references based on religion, race, gender, national origin, age, marital status, sexual orientation or
disability; or references to illegal activity; (3) reviewers should not be affiliated with competitors if posting
negative reviews; (4) reviewers should not make any conclusions as to the legality of conduct; and (5)
reviewers may not post any false statements or organize a campaign encouraging others to post reviews,
whether positive or negative.
Reviews are not endorsed by Company, and do not represent the views of Company or of any affiliate or
partner of Company. Company does not assume liability for any review or for any claims, liabilities or
losses resulting from any review. By posting a review, the reviewer hereby grants to Company a
perpetual, non-exclusive, worldwide, royalty-free, fully paid, assignable and sub-licensable license to
Company to reproduce, modify, translate, transmit by any means, display, perform and/or distribute all
content relating to reviews.
MOBILE APPLICATION LICENSE
Use License
If you are accessing the Company Services via a mobile application, then Company grants you a
revocable, non-exclusive, non-transferable, limited right to install and use the application on wireless
handsets owned and controlled by you, and to access and use the application on such devices strictly in
accordance with the terms and conditions of this license. You shall use the application strictly in
accordance with the terms of this license and shall not: (a) decompile, reverse engineer, disassemble,
attempt to derive the source code of, or decrypt the application; (b) make any modification, adaptation,
improvement, enhancement, translation or derivative work from the application; (c) violate any applicable
laws, rules or regulations in connection with your access or use of the application; (d) remove, alter or
obscure any proprietary notice (including any notice of copyright or trademark) of Company or its
affiliates, partners, suppliers or the licensors of the application; (e) use the application for any revenue
generating endeavor, commercial enterprise, or other purpose for which it is not designed or intended; (f)
make the application available over a network or other environment permitting access or use by multiple
devices or users at the same time; (g) use the application for creating a product, service or software that
is, directly or indirectly, competitive with or in any way a substitute for the application; (h) use the
application to send automated queries to any website or to send any unsolicited commercial e-mail; or (i)
use any proprietary information or interfaces of Company or other intellectual property of Company in the
design, development, manufacture, licensing or distribution of any applications, accessories or devices for
use with the application.
Terms of Service and User Agreement (Rev. 732AR44)
Terms Applicable to Apple and Android Devices
The following terms apply when you use a mobile application obtained from either the Apple Store or
Google Play to access the Company Services. You acknowledge that this Agreement is concluded
between you and Company only, and not with Apple Inc. or Google, Inc. (each an “App Distributor”), and
Company, not an App Distributor, is solely responsible for the Company application and the content
thereof. (1) SCOPE OF LICENSE: The license granted to you for the Company application is limited to a
non-transferable license to use the Company application on a device that utilizes the Apple iOS or
Android operating system, as applicable, and in accordance with the usage rules set forth in the
applicable App Distributor terms of service. (2) MAINTENANCE AND SUPPORT: Company is solely
responsible for providing any maintenance and support services with respect to the Company application,
as specified in this Agreement, or as required under applicable law. You acknowledge that each App
Distributor has no obligation whatsoever to furnish any maintenance and support services with respect to
the Company application. (3) WARRANTY: Company is solely responsible for any product warranties,
whether express or implied by law, to the extent not effectively disclaimed. In the event of any failure of
the Company application to conform to any applicable warranty, you may notify an App Distributor, and
the App Distributor, in accordance with its terms and policies, may refund the purchase price, if any, paid
for the Company application, and to the maximum extent permitted by applicable law, an App Distributor
will have no other warranty obligation whatsoever with respect to the Company application, and any other
claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any
warranty will be Company’s sole responsibility. (4) PRODUCT CLAIMS: You acknowledge that Company,
not an App Distributor, is responsible for addressing any claims of yours or any third party relating to the
Company application or your possession and/or use of the Company application, including, but not limited
to: (i) product liability claims; (ii) any claim that the Company application fails to conform to any applicable
legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. (5)
INTELLECTUAL PROPERTY RIGHTS: You acknowledge that, in the event of any third party claim that
the Company application or your possession and use of the Company application infringes a third party’s
intellectual property rights, the App Distributor will not be responsible for the investigation, defense,
settlement and discharge of any such intellectual property infringement claim. (6) LEGAL COMPLIANCE:
You represent and warrant that (i) you are not located in a country that is subject to a U.S. government
embargo, or that has been designated by the U.S. government as a “terrorist supporting” country; and (ii)
you are not listed on any U.S. government list of prohibited or restricted parties. (7) THIRD PARTY
TERMS OF AGREEMENT: You must comply with applicable third party terms of agreement when using
the Company application, e.g., if you have a VoIP application, then you must not be in violation of their
wireless data service agreement when using the Company application. (8) THIRD PARTY BENEFICIARY:
Company and you acknowledge and agree that the App Distributors, and their subsidiaries, are third party
beneficiaries of this Agreement, and that, upon your acceptance of the terms and conditions of this
Agreement, each App Distributor will have the right (and will be deemed to have accepted the right) to
enforce this Agreement against you as a third party beneficiary thereof.
SOCIAL MEDIA
As part of the functionality of the Website, you may link your account with online accounts you may have
with third party service providers (each such account, a “Third Party Account”) by either: (i) providing your
Third Party Account login information through the Website; or (ii) allowing Company to access your Third
Terms of Service and User Agreement (Rev. 732AR44)
Party Account, as is permitted under the applicable terms and conditions that govern your use of each
Third Party Account. You represent that you are entitled to disclose your Third Party Account login
information to Company and/or grant Company access to your Third Party Account (including, but not
limited to, for use for the purposes described herein), without breach by you of any of the terms and
conditions that govern your use of the applicable Third Party Account and without obligating Company to
pay any fees or making Company subject to any usage limitations imposed by such third party service
providers. By granting Company access to any Third Party Accounts, you understand that (i) Company
may access, make available and store (if applicable) any content that you have provided to and stored in
your Third Party Account (the “Social Network Content”) so that it is available on and through the Website
via your account, including without limitation any friend lists, and (ii) Company may submit and receive
additional information to your Third Party Account to the extent you are notified when you link your
account with the Third Party Account. Depending on the Third Party Accounts you choose and subject to
the privacy settings that you have set in such Third Party Accounts, personally identifiable information that
you post to your Third Party Accounts may be available on and through your account on the Website.
Please note that if a Third Party Account or associated service becomes unavailable or Company’s
access to such Third Party Account is terminated by the third party service provider, then Social Network
Content may no longer be available on and through the Website. You will have the ability to disable the
connection between your account on the Website and your Third Party Accounts at any time.
PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD PARTY SERVICE PROVIDERS
ASSOCIATED WITH YOUR THIRD PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR
AGREEMENT(S) WITH SUCH THIRD PARTY SERVICE PROVIDERS.
Company makes no effort to review any Social Network Content for any purpose, including but not limited
to, for accuracy, legality or non-infringement, and Company is not responsible for any Social Network
Content. You acknowledge and agree that Company may access your e-mail address book associated
with a Third Party Account and your contacts list stored on your mobile device or tablet computer solely
for the purposes of identifying and informing you of those contacts who have also registered to use the
Website.
At your request made via email to support@gig.vet listed below, or through your account settings (if
applicable), Company will deactivate the connection between the Website and your Third Party Account
and delete any information stored on Company’s servers that was obtained through such Third Party
Account, except the username and profile picture that become associated with your account.
SUBMISSIONS
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other
information about the Website or the Company Services ("Submissions") provided by you to Company
are non-confidential and Company (as well as any designee of Company) shall be entitled to the
unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise,
without acknowledgment or compensation to you.
PROHIBITED ACTIVITIES
Terms of Service and User Agreement (Rev. 732AR44)
Terms of Service and User Agreement (Rev. 732AR44)
O. using the Company Services as part of any effort to compete with Company or to provide services
as a service bureau
P. using the Website in a manner inconsistent with any and all applicable laws and regulations
INTELLECTUAL PROPERTY RIGHTS
The content on the Website (“Company Content” or “Gig Content”) and the trademarks, service marks
and logos contained therein (“Marks”) are owned by or licensed to Company, and are subject to copyright
and other intellectual property rights under United States and foreign laws and international conventions.
Company Content, includes, without limitation, all source code, databases, functionality, software, website
designs, audio, video, text, photographs and graphics. All Company graphics, logos, designs, page
headers, button icons, scripts and service names are registered trademarks, common law trademarks or
trade dress of Company in the United States and/or other countries. Company's trademarks and trade
dress may not be used, including as part of trademarks and/or as part of domain names, in connection
with any product or service in any manner that is likely to cause confusion and may not be copied,
imitated, or used, in whole or in part, without the prior written permission of the Company.
Company Content on the Website is provided to you “AS IS” for your information and personal use only
and may not be used, copied, reproduced, aggregated, distributed, transmitted, broadcast, displayed,
sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent
of the respective owners. Provided that you are eligible to use the Website, you are granted a limited
license to access and use the Website and the Company Content and to download or print a copy of any
portion of the Company Content to which you have properly gained access solely for your personal, non-
commercial use. Company reserves all rights not expressly granted to you in and to the Website and
Company Content and Marks.
THIRD PARTY WEBSITES AND CONTENT
The Website contains (or you may be sent through the Website or the Company Services) links to other
websites ("Third Party Websites") as well as articles, photographs, text, graphics, pictures, designs,
music, sound, video, information, applications, software and other content or items belonging to or
originating from third parties (the "Third Party Content"). Such Third Party Websites and Third Party
Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness by
us, and we are not responsible for any Third Party Websites accessed through the Website or any Third
Party Content posted on, available through or installed from the Website, including the content, accuracy,
offensiveness, opinions, reliability, privacy practices or other policies of or contained in the Third Party
Websites or the Third Party Content. Inclusion of, linking to or permitting the use or installation of any
Third Party Website or any Third Party Content does not imply approval or endorsement thereof by us. If
you decide to leave the Website and access the Third Party Websites or to use or install any Third Party
Content, you do so at your own risk and you should be aware that our terms and policies no longer
govern.
Terms of Service and User Agreement (Rev. 732AR44)
You should review the applicable terms and policies, including privacy and data gathering practices, of
any website to which you navigate from the Website or relating to any applications you use or install from
the Website. Any purchases you make through Third Party Websites will be through other websites and
from other companies, and Company takes no responsibility whatsoever in relation to such purchases
which are exclusively between you and the applicable third party.
WEBSITE MANAGEMENT
Company reserves the right but does not have the obligation to:
A. monitor the Website for violations of this Agreement;
B. take appropriate legal action against anyone who, in Company’s sole discretion, violates this
Agreement, including without limitation, reporting such user to law enforcement authorities;
C. in Company’s sole discretion and without limitation, refuse, restrict access to or availability of, or
disable (to the extent technologically feasible) any user’s contribution or any portion thereof that may
violate this Agreement or any Company policy;
D. in Company’s sole discretion and without limitation, notice or liability to remove from the Website or
otherwise disable all files and content that are excessive in size or are in any way burdensome to
Company’s systems;
E. otherwise manage the Website in a manner designed to protect the rights and property of Company
and others and to facilitate the proper functioning of the Website.
PRIVACY POLICY
We care about the privacy of our users. Please review the Company Privacy Policy.
By using the Website or Company Services, you are consenting to have your personal data transferred to
and processed in the United States. By using the Website or the Company Services, you are consenting
to the terms of our Privacy Policy.
TERM AND TERMINATION
This Agreement shall remain in full force and effect while you use the Website or are otherwise a user or
member of the Website, as applicable. You may terminate your use or participation at any time, for any
reason, by following the instructions for terminating user accounts in your account settings, if available, or
by contacting us using the contact information below.
WITHOUT LIMITING ANY OTHER PROVISION OF THIS AGREEMENT, COMPANY RESERVES THE
RIGHT TO, IN COMPANY’S SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY
ACCESS TO AND USE OF THE WEBSITE AND THE COMPANY SERVICES, TO ANY PERSON FOR
ANY REASON OR FOR NO REASON AT ALL, INCLUDING WITHOUT LIMITATION FOR BREACH OF
Terms of Service and User Agreement (Rev. 732AR44)
ANY REPRESENTATION, WARRANTY OR COVENANT CONTAINED IN THIS AGREEMENT, OR OF
ANY APPLICABLE LAW OR REGULATION, AND COMPANY MAY TERMINATE YOUR USE OR
PARTICIPATION IN THE WEBSITE AND THE COMPANY SERVICES, DELETE YOUR PROFILE AND
ANY CONTENT OR INFORMATION THAT YOU HAVE POSTED AT ANY TIME, WITHOUT WARNING,
IN COMPANY’S SOLE DISCRETION.
In order to protect the integrity of the Website and Company Services, Company reserves the right at any
time in its sole discretion to block certain IP addresses from accessing the Website and Company
Services.
Any provisions of this Agreement that, in order to fulfill the purposes of such provisions, need to survive
the termination or expiration of this Agreement, shall be deemed to survive for as long as necessary to
fulfill such purposes.
YOU UNDERSTAND THAT CERTAIN STATES ALLOW YOU TO CANCEL THIS AGREEMENT,
WITHOUT ANY PENALTY OR OBLIGATION, AT ANY TIME PRIOR TO MIDNIGHT OF COMPANY’S
THIRD BUSINESS DAY FOLLOWING THE DATE OF THIS AGREEMENT, EXCLUDING SUNDAYS
AND HOLIDAYS. TO CANCEL, CALL A COMPANY CUSTOMER CARE REPRESENTATIVE DURING
NORMAL BUSINESS HOURS USING THE CONTACT INFORMATION LISTING BELOW IN THIS
AGREEMENT OR BY ACCESSING YOUR ACCOUNT SETTINGS. THIS SECTION APPLIES ONLY TO
INDIVIDUALS RESIDING IN STATES WITH SUCH LAWS.
If Company terminates or suspends your account for any reason, you are prohibited from registering and
creating a new account under your name, a fake or borrowed name, or the name of any third party, even
if you may be acting on behalf of the third party. In addition to terminating or suspending your account,
Company reserves the right to take appropriate legal action, including without limitation pursuing civil,
criminal, and injunctive redress.
MODIFICATIONS
To Agreement
Company may modify this Agreement from time to time. Any and all changes to this Agreement will be
posted on the Website and revisions will be indicated by date. You agree to be bound to any changes to
this Agreement when you use the Company Services after any such modification becomes effective.
Company may also, in its discretion, choose to alert all users with whom it maintains email information of
such modifications by means of an email to their most recently provided email address. It is therefore
important that you regularly review this Agreement and keep your contact information current in your
account settings to ensure you are informed of changes. You agree that you will periodically check the
Website for updates to this Agreement and you will read the messages we send you to inform you of any
changes. Modifications to this Agreement shall be effective after posting.
To Services
Terms of Service and User Agreement (Rev. 732AR44)
Company reserves the right at any time to modify or discontinue, temporarily or permanently, the
Company Services (or any part thereof) with or without notice. You agree that Company shall not be liable
to you or to any third party for any modification, suspension or discontinuance of the Company Services.
DISPUTES
Between Users
If there is a dispute between users of the Website, or between users and any third party, you understand
and agree that Company is under no obligation to become involved. In the event that you have a dispute
with one or more other users, you hereby release Company, its officers, employees, agents and
successors in rights from claims, demands and damages (actual and consequential) of every kind or
nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in
any way related to such disputes and/or the Company Services.
With Company
A. Governing Law; Jurisdiction. This Agreement and all aspects of the Website and Company Services
shall be governed by and construed in accordance with the internal laws of the State of Texas, without
regard to conflict of law provisions. With respect to any disputes or claims not subject to informal
dispute resolution or arbitration (as set forth below), you agree not to commence or prosecute any
action in connection therewith other than in the state and federal courts located in Montgomery
County, State of Texas, and you hereby consent to, and waive all defenses of lack of personal
jurisdiction with respect to, venue and jurisdiction in such state and federal courts.
Application of the United Nations Convention on Contracts for the International Sale of Goods is
excluded from this Agreement. Additionally, application of the Uniform Computer Information
Transaction Act (UCITA) is excluded from this Agreement. In no event shall any claim, action or
proceeding by you related in any way to the Website or Company Services be instituted more than two
(2) years after the cause of action arose.
B. Informal Resolution. To expedite resolution and control the cost of any dispute, controversy or claim
related to this Agreement ("Dispute"), you and Company agree to first attempt to negotiate any
Dispute (except those Disputes expressly provided below) informally for at least ten (10) days before
initiating any arbitration or court proceeding. Such informal negotiations commence upon written
notice from one person to the other.
C. Binding Arbitration. If you and Company are unable to resolve a Dispute through informal
negotiations, either you or Company may elect to have the Dispute (except those Disputes expressly
excluded below) finally and exclusively resolved by binding arbitration. Any election to arbitrate by one
party shall be final and binding on the other.
YOU UNDERSTAND THAT ABSENT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE
IN COURT AND HAVE A JURY TRIAL.
Terms of Service and User Agreement (Rev. 732AR44)
The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the
American Arbitration Association ("AAA") and, where appropriate, the AAA’s Supplementary
Procedures for Consumer Related Disputes ("AAA Consumer Rules"), both of which are available at
the AAA website www.adr.org.
The determination of whether a Dispute is subject to arbitration shall be governed by the Federal
Arbitration Act and determined by a court rather than an arbitrator. Your arbitration fees and your share
of arbitrator compensation shall be governed by the AAA Consumer Rules and, where appropriate,
limited by the AAA Consumer Rules. If such costs are determined by the arbitrator to be excessive,
Company will pay all arbitration fees and expenses.
The arbitration may be conducted in person, through the submission of documents, by phone or
online. The arbitrator will make a decision in writing, but need not provide a statement of reasons
unless requested by a party. The arbitrator must follow applicable law, and any award may be
challenged if the arbitrator fails to do so.
Except where otherwise required by the applicable AAA rules or applicable law, the arbitration will take
place in Montgomery County, State of Texas. Except as otherwise provided in this Agreement, you and
Company may litigate in court to compel arbitration, stay proceedings pending arbitration, or to
confirm, modify, vacate or enter judgment on the award entered by the arbitrator.
D. Restrictions. You and Company agree that any arbitration shall be limited to the Dispute between
Company and you individually. To the full extent permitted by law, (1) no arbitration shall be joined with
any other; (2) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to
utilize class action procedures; and (3) there is no right or authority for any Dispute to be brought in a
purported representative capacity on behalf of the general public or any other persons.
E. Exceptions to Informal Negotiations and Arbitration. You and Company agree that the following
Disputes are not subject to the above provisions concerning informal negotiations and binding
arbitration: (1) any Disputes seeking to enforce or protect, or concerning the validity of any of your or
Company’s intellectual property rights; (2) any Dispute related to, or arising from, allegations of theft,
piracy, invasion of privacy or unauthorized use; and (3) any claim for injunctive relief. If this Section is
found to be illegal or unenforceable then neither you nor Company will elect to arbitrate any Dispute
falling within that portion of this Section found to be illegal or unenforceable and such Dispute shall be
decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and you and
Company agree to submit to the personal jurisdiction of that court.
CORRECTIONS
Occasionally there may be information on the Website that contains typographical errors, inaccuracies or
omissions that may relate to service descriptions, pricing, availability, and various other information.
Company reserves the right to correct any errors, inaccuracies or omissions and to change or update the
information at any time, without prior notice.
DISCLAIMERS
Terms of Service and User Agreement (Rev. 732AR44)
Company cannot control the nature of all of the content available on the Website. By operating the
Website, Company does not represent or imply that Company endorses any blogs, contributions or other
content available on or linked to by the Website, including without limitation content hosted on third party
websites or provided by third party applications, or that Company believes contributions, blogs or other
content to be accurate, useful or non-harmful. We do not control and are not responsible for unlawful or
otherwise objectionable content you may encounter on the Website or in connection with any
contributions. The Company is not responsible for the conduct, whether online or offline, of any user of
the Website or Company Services.
YOU AGREE THAT YOUR USE OF THE WEBSITE AND COMPANY SERVICES WILL BE AT YOUR
SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, COMPANY, ITS OFFICERS,
DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED,
IN CONNECTION WITH THE WEBSITE AND THE COMPANY SERVICES AND YOUR USE THEREOF,
INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS
FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. COMPANY MAKES NO WARRANTIES
OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE WEBSITE’S
CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THIS WEBSITE AND ASSUMES NO
LIABILITY OR RESPONSIBILITY FOR ANY (A) ERRORS, MISTAKES, OR INACCURACIES OF
CONTENT AND MATERIALS, (B) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE
WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (C) ANY
UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL
PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (D) ANY
INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE OR COMPANY
SERVICES, (E) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE
TRANSMITTED TO OR THROUGH THE WEBSITE BY ANY THIRD PARTY, AND/OR (F) ANY ERRORS
OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY
KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED,
TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE. COMPANY DOES NOT
WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR
SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE WEBSITE OR ANY
HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND
COMPANY WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY
TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY
ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE
APPROPRIATE.
LIMITATIONS OF LIABILITY
IN NO EVENT SHALL COMPANY OR ITS DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO
YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY,
INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE,
LOSS OF DATA OR OTHER DAMAGES ARISING FROM YOUR USE OF THE WEBSITE OR
Terms of Service and User Agreement (Rev. 732AR44)
COMPANY SERVICES, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN,
COMPANY’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE
FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU
TO COMPANY FOR THE COMPANY SERVICES DURING THE PERIOD OF ONE (1) MONTH PRIOR
TO ANY CAUSE OF ACTION ARISING.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE
EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR
ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY
HAVE ADDITIONAL RIGHTS.
IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542,
WHICH SAYS: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR
DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE
RELEASE, WHICH, IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT
WITH THE DEBTOR."
INDEMNITY
You agree to defend, indemnify and hold Company, its subsidiaries, and affiliates, and their respective
officers, agents, partners and employees, harmless from and against, any loss, damage, liability, claim, or
demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out
of your contributed content, use of the Company Services, and/or arising from a breach of this Agreement
and/or any breach of your representations and warranties set forth above. Notwithstanding the foregoing,
Company reserves the right, at your expense, to assume the exclusive defense and control of any matter
for which you are required to indemnify Company, and you agree to cooperate, at your expense, with
Company’s defense of such claims. Company will use reasonable efforts to notify you of any such claim,
action, or proceeding which is subject to this indemnification upon becoming aware of it.
NOTICES
Except as explicitly stated otherwise, any notices given to Company shall be given by email to the
address listed in the contact information below. Any notices given to you shall be given to the email
address you provided during the registration process, or such other address as each party may specify.
Notice shall be deemed to be given twenty-four (24) hours after the email is sent, unless the sending
party is notified that the email address is invalid. We may also choose to send notices by regular mail.
USER DATA
Our Website will maintain certain data that you transfer to the Website for the purpose of the performance
of the Company Services, as well as data relating to your use of the Company Services. Although we
perform regular routine backups of data, you are primarily responsible for all data that you have
transferred or that relates to any activity you have undertaken using the Company Services. You agree
Terms of Service and User Agreement (Rev. 732AR44)
that Company shall have no liability to you for any loss or corruption of any such data, and you hereby
waive any right of action against Company arising from any such loss or corruption of such data.
ELECTRONIC CONTRACTING
Your use of the Company Services includes the ability to enter into agreements and/or to make
transactions electronically.
YOU ACKNOWLEDGE THAT YOUR ELECTRONIC SUBMISSIONS CONSTITUTE YOUR
AGREEMENT AND INTENT TO BE BOUND BY AND TO PAY FOR SUCH AGREEMENTS AND
TRANSACTIONS. YOUR AGREEMENT AND INTENT TO BE BOUND BY ELECTRONIC
SUBMISSIONS APPLIES TO ALL RECORDS RELATING TO ALL TRANSACTIONS YOU ENTER INTO
RELATING TO THE COMPANY SERVICES, INCLUDING NOTICES OF CANCELLATION, POLICIES,
CONTRACTS, AND APPLICATIONS.
In order to access and retain your electronic records, you may be required to have certain hardware and
software, which are your sole responsibility.
ELECTRONIC SIGNATURES
Users are allowed on Gig | Veterinary Staffing to transmit and receive valid electronic signatures in the
United States under the Electronic Signatures in Global and National Commerce Act (E-Sign Act) of 2000
and the Uniform Electronic Transactions Act (UETA) of 1999 as adopted by individual states. Users’
signatures and identities are not authenticated on Gig’s Website.
MISCELLANEOUS
This Agreement constitutes the entire agreement between you and Company regarding the use of the
Company Services. The failure of Company to exercise or enforce any right or provision of this
Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement
are for convenience only and have no legal or contractual effect. This Agreement operates to the fullest
extent permissible by law. This Agreement and your account may not be assigned by you without our
express written consent. Company may assign any or all of its rights and obligations to others at any time.
Company shall not be responsible or liable for any loss, damage, delay or failure to act caused by any
cause beyond Company's reasonable control. If any provision or part of a provision of this Agreement is
unlawful, void or unenforceable, that provision or part of the provision is deemed severable from this
Agreement and does not affect the validity and enforceability of any remaining provisions. There is no
joint venture, partnership, employment or agency relationship created between you and Company as a
result of this Agreement or use of the Website and Company Services. Upon Company’s request, you will
furnish Company any documentation, substantiation or releases necessary to verify your compliance with
this Agreement. You agree that this Agreement will not be construed against Company by virtue of having
drafted them. You hereby waive any and all defenses you may have based on the electronic form of this
Agreement and the lack of signing by the parties hereto to execute this Agreement.
CONTACT US
Terms of Service and User Agreement (Rev. 732AR44)
In order to resolve a complaint regarding the Company Services or to receive further information
regarding use of the Company Services, please contact Company as set forth below or, if any complaint
with us is not satisfactorily resolved, and you are a California resident, you can contact the Complaint
Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs in writing at
400 "R" Street, Sacramento, California 95814 or by telephone at 1-916-445-1254.
GigCorp, LLC
2421 W 7th Street Suite 105
Fort Worth, TX 76107
Please report any violations of these Terms of Service and User Agreement to support@gig.vet."
Terms of Service and User Agreement (Rev. 732AR44)
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Terms of Service and User Agreement (Rev. 732AR44)
Version Date: December 18, 2020
PRIVACY POLICY
Please review this Privacy Policy carefully. By submitting your information to us, by registering for or using
the Service, by using the Website, or by voluntarily interacting with us, you consent to our collection, use,
and disclosure of your information as set out in this Policy, as revised from time to time.
Beyond the Privacy Policy, your use of our Service is also subject to the entire Terms of Use and User
Agreement.
What We Collect
We receive information about you in various ways.
Information You Provide To Us
Registration and Profile Information. We collect your name, uploaded photos and content, postal
address, email address, phone number, username, password, as well as other information you
directly provide us through the Service. f you are a Veterinarian Provider, such information may
also include: states licensed, the name and address of your veterinary hospital, a copy of your
driver’s license, social security number, and/or your professional license number. If you sign up
using a third party account, we may also receive information from those third party services such
as your name, email address, gender, and profile photo.
Payment Information. If you are a User, we may collect bank account details in order to pay you
for your services. We work with service providers that may handle this information on our behalf.
We use Stripe Payments Company. Please read the terms and conditions of Stripe carefully, as
these are the financial services terms that apply to the services provided by Stripe. You agree to
pay Company all charges at the prices then in effect for the products and/or services. You
authorize Company to charge your payment provider for any such purchases.
You agree to make payment and you agree to accept and adhere to the Stripe Services Agreement
United States.
IF YOU DO NOT AGREE, DO NOT USE OUR SERVICE.
Communications. If you contact us directly, we may receive additional information about you. For
example, when you contact us for support, we will receive your name, email address, the
State of Texas
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contents of a message or attachments that you may send to us, and other information you
choose to provide. If you subscribe to our insider tips newsletter, then we will collect certain
information from you, such as your email address. When we send you emails, we may track
whether you open them to learn how to deliver a better customer experience and improve our
Services.
Surveys. If you choose to participate in our surveys, we may collect demographic information
from you such as your age, marital status, and gender.
Chat Logs. We collect chat logs.
Careers. If you decide that you wish to apply for a job with us, you may submit your contact
information and your resume online. We will collect the information you choose to provide on your
resume, such as your education and employment experience.
Information We Receive From Others
We may receive information about you from other sources and add this to information we get from the
Service. For example, we may receive information about Veterinarians from Hospitals or about Hospitals
from Veterinary Technicians, etc. We also receive information that other Users of our services may post
about you, such as Veterinarian, Veterinary Technician, and Hospital ratings and reviews.
Information Automatically Collected
We automatically collect log data about you and your computer or mobile device. For example, when
using the Service, we log your computer operating system type, browser type, browser language, the
website you visited before browsing to our Website, the pages you viewed, how long you spent on a
page, access times and information about your use of and actions on our Website. The Application may
also collect certain information automatically, including, but not limited to, the type of mobile device you
use, your mobile device’s unique device ID, the IP address of your mobile device, your mobile operating
system, the type of mobile Internet browsers you use, and information about the way you use the
Application.
When you use our Service, if you allow us, we may collect your precise location information.
Cookies
We may log information using “cookies.” Cookies are small data files stored on your hard drive by a
website.
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We may use both session cookies (which expire once you close your web browser) and persistent
cookies (which stay on your computer or mobile device until you delete them) to provide you with a more
personal and interactive experience on our Website.
This type of information is collected to make the Website and Application more useful to you and to tailor
the experience with us to meet your special interests and needs.
Use of Information
We use your information for the following purposes:
To provide, deliver, operate, maintain, and improve the Service and our sites, products, and
services.
To respond to your comments and questions, to manage your account, and to provide customer
service.
To send information to you, including confirmations, invoices, technical notices, updates, security
alerts, and customer support and administrative messages.
To facilitate transactions and payments.
To send you text messages and push notifications.
To contact you about promotions, upcoming events, and other news about products and services
offered by us and our selected partners.
To de-identify and aggregate information collected through the Service and use it for any lawful
purpose.
To analyze the needs and activities of our customers to help us better serve them.
To conduct research and analysis related to our business, products, and services.
To protect, investigate, and deter against fraudulent, unauthorized, or illegal activity or legal
claims.
For compliance purposes, including enforcing our Terms of Use or other legal rights, or as may be
required by applicable laws and regulations or requested by any judicial process or government
agency.
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We may also use your information for purposes for which we have obtained your consent, and for
such other purposes as may be permitted or required by applicable law.
Sharing of Information
We may share your information as follows:
We may share your information with our corporate affiliates for any of the purposes described in
this Policy.
When you register to use the Service, your user profile and some of your information will be
viewable by Hospitals, Veterinarians, Veterinary Technicians (licensed and unlicensed),
Veterinary Assistants, or Hospital Managers.
Hospitals may rate and review Veterinarians, and Veterinarians may rate Hospitals. These ratings
and reviews may be viewable by Hospitals, Veterinarians, Veterinary Technicians (licensed and
unlicensed), Veterinary Assistants, or Hospital Managers and other Users of our services.
We may share your information with your consent. For example, with your consent we will share
certain personal information with others for their own direct marketing uses. Those uses will be
subject to their privacy policies.
We may transfer your information to a third party in connection with the consideration,
negotiation, or completion of any reorganization, merger, sale, joint venture, assignment, transfer
or other disposition of all or any portion of our business, brands, affiliates, subsidiaries, or other
assets.
We may share your information for legal, protection, and safety purposes. For example, we may
share your information as may be permitted or required by applicable law, including laws outside
your country of residence, to comply with laws, to respond to lawful requests and legal processes,
to allow us to pursue available remedies or limit the damages that we may sustain, and to protect
the rights, privacy, and property of Gig, our operations, our agents, affiliates, customers, and
others. This includes enforcing our agreements, policies, and Terms of Use. We may also share
information in the event of an emergency, which includes protecting the safety of our employees
and agents, our customers and their pets, or any other person.
We may share information with those who need it to do work for us (for example, we share
information with vendors and service providers in connection with the provision of our Service)
We use analytics services such as Google Analytics to collect and process certain analytics data.
These services may also collect information about your use of other websites, apps, and online
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resources. You can learn about Google’s practices by going to https://www.google.com/policies/
privacy/partners/, and opt-out of them by downloading the Google Analytics opt-out browser add-
on, available at https://tools.google.com/dlpage/gaoptout.
We may work with third party advertising partners to show you ads that we think may interest you.
These advertising partners may set and access their own cookies, pixel tags and similar
technologies on our Services and they may otherwise collect or have access to information about
you which they may collect over time and across different online services. Some of our
advertising partners are members of the Network Advertising Initiative or the Digital Advertising
Alliance. If you do not wish to receive personalized ads, please visit their opt-out pages to learn
about how you may opt out of receiving web-based personalized ads from member companies.
You can access any settings offered by your mobile operating system to limit ad tracking, or you
can install the AppChoices mobile app to learn more about how you may opt out of personalized
ads in mobile apps.
We may also share aggregated and/or anonymized data with others.
We may rely on third party service providers to perform a variety of services on our behalf, such
as e-commerce providers, payment card processors, telephone and technical support providers,
hosting, data storage and processing service providers, and research and analytics providers.
Your Choices and Changes
If you have a Gig account, you have the ability to review and update certain of your information within the
Service. You also may close your account by contacting the customer support team and receiving
confirmation that your account is no longer active. If you close your account, we will retain certain
information associated with your account for analytical purposes and record keeping integrity, as well as
to prevent fraud, enforce our Terms of Use, take actions we deem necessary to protect the integrity of our
Service or our users, or take other actions otherwise permitted by law. If your information has already
been provided to third parties as described in this Policy, retention of that information will be subject to
those third parties’ policies.
Our marketing emails tell you how to “opt-out.” If you opt out, we may still send you non-marketing emails.
Non-marketing emails include emails about your accounts and our business dealings with you. We will
endeavor to respond to your opt-out request promptly, but we ask that you please allow us a reasonable
time to process your request.
We will take steps to ensure that your information is kept as accurate, complete and up-to-date as
reasonably necessary. We will not routinely update your information, unless such a process is necessary.
We expect you, from time to time, to supply us with updates to your information, when required.
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You can typically remove and reject cookies from our Website with your browser settings. Many browsers
are set to accept cookies until you change your settings. If you remove or reject our cookies, it could
affect how our Website works for you. You can stop all collection of information by the Application by
uninstalling the Application.
Third Parties
Our Service may contain links to other websites, products, or services that we do not own or operate. We
are not responsible for the privacy practices of these third parties. Please be aware that this Policy does
not apply to your activities on these third party services or any information you disclose to these third
parties. We encourage you to read their privacy policies before providing any information to them.
Children
The Service is not intended for children under 18 years of age and we do not knowingly collect personal
information from children under 18. If you are under 18, please do not use or provide any information to or
through the Service.
If you learn that a child has provided us with personal information in violation of this Policy, then you may
alert us at support@gig.vet.
Security
We have implemented physical, organizational, contractual, and technological security measures with a
view to protecting your information from loss or theft, unauthorized access, disclosure, copying, use, or
modification.
Despite the measure outlined above, no method of information transmission or information storage is
100% secure or error-free, so we unfortunately cannot guarantee absolute security. If you have reason to
believe that your interaction with us is no longer secure (for example, if you feel that the security of any
information that you provided to us has been compromised), please contact us immediately using the
contact information in the “Contact Us” section below.
Your Consent
We collect, use and disclose your information with your consent or as permitted or required by law. How
we obtain your consent (i.e. the form we use) will depend on the circumstances, as well as the sensitivity
of the information collected. Subject to applicable laws, your consent may be express or implied,
depending on the circumstances and the sensitivity of the information in question. By using the Service,
you consent to us processing your information as outlined in this Policy now and as amended by us.
“Processing” means using cookies on a computer/mobile device or using or touching information in any
way, including, but not limited to, collecting, storing, deleting, using, combining and disclosing information,
all of which activities will take place in the United States.
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