Terms and Conditions

Agreement between User and Gaggle Social

Welcome to Gaggle Social. The Gaggle Social website (the "Site") is comprised of various web pages operated by Gaggle Social ("Gaggle"). Gaggle Social is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the "Terms"). Your use of Gaggle Social constitutes your agreement to all such Terms. Please read these terms carefully and keep a copy of them for your reference.

Gaggle Social is a Professional Social Networking Site with an emphasis on business technology.

A business social networking site that connects talent with businesses.

Privacy

Your use of Gaggle Social is subject to Gaggle's Privacy Policy. Please review our Privacy Policy, which also governs the Site and informs users of our data collection practices.

Electronic Communications

Visiting Gaggle Social or sending emails to Gaggle constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.

Your Account

If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that Gaggle is not responsible for third party access to your account that results from theft or misappropriation of your account. Gaggle and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.

Children Under Eighteen

Gaggle does not knowingly collect, either online or offline, personal information from persons under the age of eighteen (18). If you are under 18, you may use Gaggle Social only with permission of a parent or guardian.

Cancellation/Refund Policy

You may cancel your subscription at any time. Any cancellations made after 60 days of service will not qualify for a refund. Any cancelation after acceptance of services (Of any kind) is not entitled to refund however is subject to evaluation by our Disputes and or Customer Satisfaction Departments with possibilities of refund based on circumstances.

Links to Third Party Sites/Third Party Services

Gaggle Social may contain links to other websites ("Linked Sites"). The Linked Sites are not under the control of Gaggle and Gaggle is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Gaggle is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Gaggle of the site or any association with its operators.

Certain services made available via Gaggle Social are delivered by third party sites and organizations. By using any product, service or functionality originating from the Gaggle Social domain, you hereby acknowledge and consent that Gaggle may share such information and data with any third party with whom Gaggle has a contractual relationship to provide the requested product, service, or functionality on behalf of Gaggle Social users and customers.

No Unlawful or Prohibited Use/Intellectual Property

You are granted a non-exclusive, non-transferable, revocable license to access and use Gaggle Social strictly in accordance with these terms of use. As a condition of your use of the Site, you warrant to Gaggle that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party's use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.

All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of Gaggle or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.

You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. Gaggle content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use and will make no other use of the content without the express written permission of Gaggle and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, expressed or implied, to the intellectual property of Gaggle or our licensors except as expressly authorized by these Terms.

Use of Communication Services

The Site may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, "Communication Services"). You agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service.

By way of example, and not as a limitation, you agree that when using a Communication Service, you will not: defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others; publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information; upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents; upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer; advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages; conduct or forward surveys, contests, pyramid schemes or chain letters; download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner; falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded; restrict or inhibit any other user from using and enjoying the Communication Services; violate any code of conduct or other guidelines which may be applicable for any particular Communication Service; harvest or otherwise collect information about others, including e-mail addresses, without their consent; violate any applicable laws or regulations.

Gaggle has no obligation to monitor the Communication Services. However, Gaggle reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. Gaggle reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.

Gaggle reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Gaggle's sole discretion.

Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. Gaggle does not control or endorse the content, messages or information found in any Communication Service and, therefore, Gaggle specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized Gaggle spokespersons, and their views do not necessarily reflect those of Gaggle.

Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you upload the materials.

Materials Provided to Gaggle Social or Posted on Any Gaggle Web Page

Gaggle does not claim ownership of the materials you provide to Gaggle Social (including feedback and suggestions) or post, upload, input or submit to any Gaggle Site or our associated services (collectively "Submissions"). However, by posting, uploading, inputting, providing or submitting your Submission you are granting Gaggle, our affiliated companies and necessary sublicensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.

No compensation will be paid with respect to the use of your Submission, as provided herein. Gaggle is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in Gaggle's sole discretion.

By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.

Third Party Accounts

You will be able to connect your Gaggle account to third-party accounts. By connecting your Gaggle account to your third-party account, you acknowledge and agree that you are consenting to the continuous release of information about you to others (in accordance with your privacy settings on those third-party sites). If you do not want information about you to be shared in this manner, do not use this feature.

International Users

The Service is controlled, operated and administered by Gaggle from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the Gaggle Content accessed through Gaggle Social in any country or in any manner prohibited by any applicable laws, restrictions or regulations.

Indemnification

You agree to indemnify, defend and hold harmless Gaggle, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney's fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third-party, or your violation of any applicable laws, rules or regulations. Gaggle reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Gaggle in asserting any available defenses.

Arbitration

In the event the parties are not able to resolve any dispute between them arising out of or concerning these Terms and Conditions, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration service selected by the parties, in a location mutually agreed upon by the parties. The arbitrator's award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the event that any legal or equitable action, proceeding or arbitration arises out of or concerns these Terms and Conditions, the prevailing party shall be entitled to recover its costs and reasonable attorney's fees. The parties agree to arbitrate all disputes and claims regarding these Terms and Conditions or any disputes arising as a result of these Terms and Conditions, whether directly or indirectly, including Tort claims that are a result of these Terms and Conditions. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration provision shall be determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms and Conditions.

Class Action Waiver

Any arbitration under these Terms and Conditions will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH'S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and Gaggle agree otherwise, the arbitrator may not consolidate more than one person's claims and may not otherwise preside over any form of a representative or class proceeding.

Liability Disclaimer

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. GAGGLE SOCIAL AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.

GAGGLE SOCIAL AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. GAGGLE SOCIAL AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL GAGGLE SOCIAL AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF GAGGLE SOCIAL OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.

Termination/Access Restriction

Gaggle reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of Texas, and you hereby consent to the exclusive jurisdiction and venue of courts in Texas in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.

You agree that no joint venture, partnership, employment, or agency relationship exists between you and Gaggle as a result of this agreement or use of the Site. Gaggle's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Gaggle's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by Gaggle with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.

Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Gaggle with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Gaggle with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.

Changes to Terms

Gaggle reserves the right, in its sole discretion, to change the Terms under which Gaggle Social is offered. The most current version of the Terms will supersede all previous versions. Gaggle encourages you to periodically review the Terms to stay informed of our updates.

Third parties

Third party recruitment firms, recruiters, or unauthorized solicitors are prohibited to use Gaggle Social. Gaggle social does not condone or support third-party recruiters or recruitment firms. Upon discovery of a recruitment firm or agent’s profile you are subject to account deletion, fines, and or legal action.

Any user who enters an agreement with an external recruiter and enables use of the platform for search or business development purposes is also subject to account suspension, deletion, fines, and or legal action.

Disputes

Gaggle Social is not responsible for providing background checks on talent, vendors, or partners.

Neither Gaggle nor enlisted talent/ partners are responsible for any selection errors in skill level.

If our “Dispute Team” investigates and deems the talent’s supposed skill level is falsely advertised the user is subject to suspension, account termination and potentially banned from using Gaggle Social.

Gaggle is not responsible for fulltime placement, but we do not support misleading job postings or offers and will reprimand any account holder for wrongful termination.

Gaggle does not condone hiring full time employees for project-based work then terminating the employees’ position upon completion. Accounts accused of this will immediately be investigated and failure to comply will result in suspension or termination of account at our dispute team’s discretion

Payment

Customers receiving hiring services are required to operate under Net14 payment terms unless a dispute is opened prior to the due date of payment. Failure to pay an invoice in a timely manner will result in automatic balance withdrawal. Failure to comply with an automatic invoice leaves the user subject to legal action and termination of account.

Failure to respond to outreach regarding a dispute within 3 business days results in the loss of the disputed case and if applicable results in automatic billing or refund

Gaggle Social is not responsible for the actions or misconduct of any talent, organization or entity, outside of the nature of providing or accepting services. However mistreatment, defamation, or unlawfully withholding payment will result in account suspension and after two(2) instances will result in account termination.

Gaggle Social does not condone false advertising and enforces termination of an account for inflation of skills, qualities, or attributes.

You will respect each user on the platform no matter the case. This is a business environment, and you are expected to conduct business professionally.

Gaggle does not support the posting of content irrelevant to business applications: news, hiring, sales, promotions, educations, encouragement, etc. this is not a vehicle to post personal information. Doing so will result in content removal, utilize keywords and hashtags to ensure our algorithm recognizes your content as relevant.

Gaggle Social reserves that right to terminate the account of or take legal action against any user who participates in vulgar acts, acts defamation against Gaggle, acts of bullying or violence, the enablement of recruitment agencies/agents or unauthorized third-party providers or sellers.

Gaggle is not responsible for the loss of any data, information, project deliverables, selection errors.

Gaggle is not responsible for representing you in court nor providing you with legal counsel. We also reserve the right to refuse testifying on either party’s behalf.

Gaggle will not review any evidence or proof provided by any party that was not performed on Gaggle Social,ie. personal text messages, messages on any other platform not owned by Gaggle social, phone calls, verbal conversations, written letters.

We strongly encourage users to use only Gaggle’s provided communication functionality and to record all video or phone conversations on Gaggle and save them as evidence or documentation.

Any agreement entered for the purpose of contract or project-based work that is not properly documented on gaggle social is not entitled to reviewal by our disputes department. We will not get involved in civil agreements we played no part in brokering or tracking.

Sales of software, licenses, education, training, or curriculum must be honored by the vendor exactly how it was advertised. We cannot and will not broker any sales that are made outside of the platform.

Gaggle is not responsible for honoring non-competes instilled by any company.

Gaggle is not responsible for any false advertising of skills, abilities, authorization, certifications, etc. however, if investigated gaggle reserves the right to terminate your account and restrict users from using Gaggle Social

Legal Compliance

Gaggle Social complies and supports the Fair Labor Standards Act (Hereby referred to as FLSA) and expects that all users to respect and operate in accordance with the laws and regulations detailed in the FSLA.

This includes by is not limited to exploitation of pre work, unpaid interns, or misinterpretation of conversations/meetings being unbillable hours. Gaggle Social reserves the right to suspend or terminate any account who is considered to be in violation of the FSLA.

Contact Us

Gaggle welcomes your questions or comments regarding the Terms: