Qwick General Website Terms of Use
Last Updated: 6/13/25
1. INTRODUCTION
Welcome to Qwick GP LLC. These Terms of Use (together with the Additional Terms) (“Terms”) are a binding contract between you or the entity you represent ("you," or "your") and Qwick GP LLC (“Qwick”, “we”, “us”, or “our”) and govern your access to www.qwick.com and www.gigpro.com and any other mobile application, marketplace, website application or other online services owned or operated by Qwick or its affiliates that link to these Terms, related downloads, documentation, tools, functionality information and content provided or made available in connection with these Terms, and any offline services or activities governed by these Terms or any Additional Terms (defined below) (collectively, “Site”).
PLEASE READ THESE TERMS OF USE CAREFULLY. BY USING THE SITE, YOU AGREE TO BE BOUND BY THESE TERMS OF USE, INCLUDING THE ARBITRATION AGREEMENT. IF YOU DO NOT AGREE WITH THESE TERMS OF USE, PLEASE DO NOT ACCESS THIS SITE.
ARBITRATION NOTICE: THESE TERMS OF USE ARE SUBJECT TO MANDATORY INDIVIDUAL BINDING ARBITRATION AND A WAIVER OF CLASS ACTION RIGHTS (THE “ARBITRATION AGREEMENT”) AS DETAILED IN SECTION 5 BELOW. Please read carefully the sections titled “MUTUAL AGREEMENT TO ARBITRATE / CLASS ACTION WAIVER”, “LIMITATIONS OF LIABILITY”, “INDEMNIFICATION”, AND “DISCLAIMER OF WARRANTIES”. These provisions limit our liability to you and affect how disputes are resolved.
2. OTHER DOCUMENTS ADDRESSING USE OF THE SITE
We provide this Site to you subject to these Terms of Use and all Additional Terms. The following policies provide further information about our practices:
We use and process your personal information according to our Privacy Policy (as may be updated from time to time), which is available at https://www.gigpro.com/privacy-policy. You agree that we may collect, use, retain, disclose, and dispose of your personal information to the extent permissible by law and as described in our Privacy Policy and Notice at Collection and that our policies will govern our handling of your personal information to the fullest extent permitted by law.
3. YOUR RELATIONSHIP WITH QWICK
Qwick offers a digital marketplace that facilitates connections between Business Users requesting workers and Pro Users seeking work opportunities, and provides services related to the communications and fulfillment of those opportunities. “Business Users” are entities that have registered for an Account as a business to publish postings for available gig, short-term or shift opportunities with the business (a “Gig Posting”). “Pro Users” are individual professionals who have registered for an Account as an individual to access, view, and select opportunities among Gig Postings.
You understand and agree that Qwick provides the Site (including the Marketplace) to connect independent Business Users requesting services with Gig Posting with independent Pro Users who select, are selected for, or are matched with a Gig Posting and provide the services pursuant to and described in the Gig Posting (“Gig Services”). You acknowledge and agree that Qwick is not a provider of Gig Services and is not responsible for the actions or representations of Business Users, Gig Postings, Pro Users, or the provision of Gig Services. Qwick will not assess or guarantee the suitability, legality, or ability of any Business User or Pro User.
Separate guidelines, rules, or terms of use or services setting forth additional or different terms and conditions may apply to your use of the Site (in each such instance, and collectively “Additional Terms”), which may be posted from time to time or made available at the time of access or download. Additional Terms are hereby incorporated into these Terms by reference and include, as applicable:
4. To the extent there is a conflict between these Terms and any Additional Terms, the Additional Terms will control unless the Additional Terms expressly state otherwise. Additionally, certain features and services made available through the Site from time to time may be governed by different terms of use
4. CHANGES TO THE TERMS
We reserve the right to modify these Terms in our sole discretion at any time and without prior notice to you; however, such changes will not apply to arbitrations pending at the time the change is made. Any changes will become effective when we post the revised Terms of Use on our Site. Therefore, your use of this Site is subject to the current Terms of Use as of the date of your use of the Site. Please check these Terms of Use regularly to ensure you agree to them. If you object to any changes, you may discontinue use of our Site. The date on which these Terms of Use were last updated is shown in the "Last Updated" legend above.
5. AGE RESTRICTIONS
This Site is offered and available to users who are 18 years of age or older and reside in the United States or any of its territories or possessions. By using this Site, you represent and warrant that you are of legal age to form a binding contract with Qwick and other Users, as applicable, and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Site.
6. YOUR ACCOUNT
Your right to use our Site is not transferable. To access the Site or some of the resources it offers (including the Marketplace), you may be asked to provide certain registration details or other information to request to register for an account (“Account”). It is a condition of your use of the Site that all the information you provide is accurate, complete and current information about yourself or the entity on behalf of which you access the Site, as applicable, during Account registration and at all other times, including, without limitation, when you post a Contribution, and you agree to update all information provided to us or requested by us if, and as soon as, such information changes.
To create an Account, you elect whether you are a Business User or Pro User, each of which will be required to provide relevant information accordingly. You acknowledge and agree that Qwick may condition provision of an Account on results of background check, entity confirmation or similar verification. Qwick’s determination is final and binding. Further information regarding Account creation for Business Users (“Business Account”) and Pro Users (“Pro Account”) are provided in the Business Services Agreement and applicable Pro Services Agreement, respectively.
You agree to keep your log-in information confidential and to not authorize any third party to use your Account. You agree that you will not solicit, collect or use the login credentials of other individuals, and you agree not to impersonate any other person or entity or to use a false name or a name that you are not authorized to use. We prohibit the creation of, and you agree that you will not create, an Account for anyone other than yourself or the entity on whose behalf you are entering into these Terms. We will not be liable for any loss or damage that results from the unauthorized use of your Account, either with or without your knowledge. You are fully responsible for your failure to safeguard information or for permitting any other person to access or use your Account, and you agree that we may attribute all use of your Account to you. You agree to notify us immediately at support@qwick.com if you suspect any unauthorized use of your Account or any other breach of security. You may not sell or otherwise transfer your Account. We have the right to cancel or suspend your Account for any reason or for no reason at any time, as determined in our sole discretion.
You agree that all information you provide to register an Account or otherwise, including, but not limited to, through the use of any Interactive Features on the Site, is subject to our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.
7. INTELLECTUAL PROPERTY
All trademarks (whether registered or not), service marks, trade names, logos, copyright and other intellectual property rights in our Site and its contents, features, and functionality are either owned by us or licensed to us. All such rights are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property and proprietary rights law intellectual property laws, and all rights are reserved. Unauthorized use of any trademark of Qwick, its affiliates, or licensors may be a violation of applicable trademark laws. Any use of the Site and its contents, other than as specifically authorized herein, is strictly prohibited. Any rights not expressly granted herein are reserved by us.
The trademarks, service marks, trade names, logos and other branding owned by third parties and used or displayed on or via our Site, including by Business Users and Pro Users (collectively, “Third Party Mark(s)”) may be trademarks of their respective owners, who may or may not endorse or be affiliated with or connected with us. Except as expressly provided in these Terms of Use, or in terms provided by the owner of a Third Party Mark, nothing in these Terms of Use or on or via the Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of our or any Third Party Marks that are used or displayed on the Site, without the respective owner’s prior written permission, in each instance. All goodwill generated from the use of our trademarks will benefit us exclusively. This section will survive the termination of the Terms.
8. RELIANCE ON INFORMATION AND CONTENT
Our Site is made available to you in order to provide you with general information about us, Business Users, Pro Users, Gig Postings, and any products or services that we or our Partners offer from time to time. We do not warrant the accuracy, completeness, or usefulness of the Content or any Contributions. All statements and/or opinions expressed in third party materials and Contributions, and all articles and responses to questions and other content, other than the content provided by us, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect our opinion. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.
The Site provides general opportunity-related information and facilitates exchanges between Business Users and Pro Users. Neither the Site nor any Content or Contributions should be relied upon or construed as legal, employment, or labor advice from Qwick regarding any matter whatsoever. Any decisions made in reliance on the Site or any Content or Contribution will be entirely your responsibility and will be made by you at your own risk. You accept responsibility for, and acknowledge that you exercise independent judgment in its selection of the Site, its use or intended use of the Content or Contributions, and any other results obtained.
9. CONTENT ON THE SITE
Accessing, viewing, browsing, printing, or downloading of any content, logos, design, text, graphics, images, software, audio, video, forms, documents, works of authorship of any kind, and information and other materials that are posted, generated, provided, or otherwise available through or on the Site (the “Content”) grants you only a limited, nonexclusive license for use solely by you in connection with commercial use for the intended purposes. Except as specifically permitted herein, you agree that you will not directly or indirectly: (1) distribute, sell, assign, encumber, transfer, rent, lease, loan, sublicense, modify, time-share or otherwise exploit the Site and its Content in any unauthorized manner; (2) use the Site and its Content in any service bureau arrangement; (3) copy, reproduce, adapt, create derivative works of, translate, localize, port or otherwise modify the Site and its Content, or any part thereof in any form or manner or by any means; (4) harvest or scrape any content or data from the Site and its Content; (5) remove or alter any copyright or other proprietary rights’ notice or restrictive rights legend contained or included in the Site and its Content; (6) decompile, disassemble, reverse compile, reverse assemble, reverse translate or otherwise reverse engineer any part of the Site and its Content, or any part thereof (except as and only to the extent any foregoing restriction is prohibited by applicable law); (7) use any means to discover the source code of any portion of the Site; (8) otherwise circumvent any functionality that controls access to or otherwise protects the Site; (9) modify any Content, except as expressly permitted under these Terms; (10) breach the security of the Site or identify any security vulnerabilities thereof without our prior knowledge and permission; or (11) permit any third party to engage in any of the foregoing. Any attempt to do any of the foregoing is a violation of the rights of Qwick and its licensors. If you breach these restrictions, you may be subject to prosecution and damages. You agree that all of your use of our Site will comply with applicable laws.
If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Site in breach of the Terms, your right to use the Site will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Site or any Content on the Site is transferred to you, and all rights not expressly granted are reserved by us. Any use of the Site not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark, and other laws.
10. YOUR CONTRIBUTIONS
The Site (including the Marketplace) may contain message boards, profiles, forums, review pages, email addresses, and phone numbers and other interactive features (collectively, "Interactive Services") that allow users to communicate, post, submit, publish, display, or transmit audio, content, information, graphics, text, images, photos, images and other materials (including Gig Posts) or communicate with other users or with Qwick (“Contributions”). You are solely responsible for all Contributions, including those that are uploaded, imported, template, posted, emailed, transmitted, shared, or otherwise disseminated by you using, or in connection with these Interactive Services. Contributions must comply with the Contribution Standards (below). Qwick does not claim ownership of Contributions. Qwick is under no obligation to enable the transmission of Contributions through the Interactive Services and may, in its discretion, edit, block, refuse to post, or remove Contributions at any time. You acknowledge that Qwick has no responsibility for the deletion or failure to store any of Contributions and Qwick is not responsible or liable to any third party for Contributions or accuracy or any Contributions by you or any other user.
You grant to Qwick, its affiliates, and their service providers, licensors, suppliers and distributors, a worldwide, royalty-free, transferrable, sublicensable, non-exclusive, perpetual, irrevocable license under all of your intellectual property and proprietary rights to make, use, copy, modify, adapt, create derivative works of, publicly perform or display, import, broadcast, transmit, distribute, license, publish, and translate Contributions (and derivative works thereof) in connection with the operation of the Site, Qwick’s business and to improve Qwick’s products and services, including for marketing purposes.
You represent and warrant that you have and will maintain all rights necessary to grant the rights in this Section and that Contributions do not infringe the rights of Qwick or any third party or violate any agreement with or policy of Qwick or any applicable law. If Qwick suspects violations of the foregoing, Qwick may institute legal action and cooperate with law enforcement authorities in bringing legal proceedings against violators. YOU WAIVE AND HOLD HARMLESS QWICK AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
Except as required by law, we reserve the right to screen, remove, edit, or reinstate Contributions at our sole discretion for any reason or no reason, and without notice to you. For example, we may remove Contributions without penalty or notice if we believe that it violates our Contribution Guidelines.
By sending us any ideas, suggestions, documents or proposals (“Feedback”), you agree that (i) your Feedback does not contain any third party confidential or proprietary information, (ii) we are under no obligation of confidentiality, express or implied, with respect to the Feedback, (iii) we may have something similar to the Feedback already under consideration or in development, (iv) we have no obligation to review, consider, or implement the Feedback, or to return to you all or part of the Feedback, and (v) you grant us an irrevocable, non-exclusive, royalty-free, perpetual, worldwide, assignable, sublicensable, transferable license to use, modify, prepare derivative works of, publish, distribute and sublicense the Feedback, and you irrevocably waive, and cause to be waived, against Qwick and its users any claims and assertions of any moral rights contained in such Feedback.
11. CONTRIBUTION GUIDELINES
These contribution standards apply to any and all Contributions and use of Interactive Services. Contributions must in their entirety comply with all applicable federal, state, local, and international laws and regulations. Without limiting the foregoing, Contributions must not:
Constitute content or communications that is (or that contains any material that is) defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable.
Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.
Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person.
Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Use and our Privacy Policy.
Be likely to deceive any person.
Promote any illegal activity, or advocate, promote, or assist any unlawful act.
Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person.
Impersonate any person, or misrepresent your identity or affiliation with any person or organization.
Involve commercial activities or sales, such as contests, sweepstakes, and other sales promotions, barter, or advertising.
Violate any confidentiality restrictions imposed on you or reasonably understood to restrict third party or public disclosure of information or materials.
Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.
Consist of or contain material that is generated by artificial intelligence without your review and approval prior to publication.
12. PROHIBITED USES
You must not, without our prior written consent, access, interfere with, damage or disrupt in any way our Site or any part of it, our systems, any of our hardware or equipment or any networks on which our Site is hosted, any software that we use to create or modify the Site or to make the Site available to you, or any hardware, equipment, network, server, software or technology owned or operated by us or any third party.
You must use our Site for lawful purposes only and in accordance with these Terms. You must not use our Site:
for any fraudulent or unlawful purposes whatsoever;
to conduct any unsolicited or unauthorized advertising or direct or indirect marketing to anyone by any means, or to otherwise spam, communicate with or market to anyone any goods, services or business not authorized by us;
to upload, host or transmit any viruses, malware, adware, spyware, worms, Trojan horses, keystroke loggers, spyware, logic bombs, time bombs or any other harmful programs or code which could adversely affect the use or operation of the Site, our hardware or systems, or the computers, tablets, phones or other devices of any users or other third parties, or to upload any content or materials containing any such content;
to use any robot, spider, or other automatic device, process (whether automatic or manual), or means to access the Site for any purpose, including monitoring or copying any of the material on the Site;
to communicate with, exploit, harm or attempt to harm minors in any way;
to attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Site, the server on which the Site is stored, or any server, computer, or database connected to the Site;
to engage in any other conduct that restricts or inhibits anyone’s use of enjoyment of the Site, interferes with the proper working of the Site, or which, as determined by us, may harm us or users of the Site, or expose them or us to liability; or
in any way or for any purpose that breaches these Terms or the terms of any of the documents to which these Terms refer.
13. MARKETPLACE
Access to and use of the Marketplace feature of the Site is subject to our Marketplace Platform Terms, which are hereby incorporated into these Terms. Please review the Marketplace Platform Terms carefully.
14. THIRD PARTY LINKS
Links to third party content or websites may appear on our Site from time to time. If the Site contains links to other sites and resources provided by third parties, including our Partners, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We are not responsible for the content of any websites accessible via any link(s) on our Site (“Linked Sites”). We do not endorse or sponsor any Linked Sites or the information, products, or services contained on any Linked Sites. Linked Sites are governed by their own terms of use and privacy policies. You may need to use or obtain additional products or services in order to use the Linked Sites, such as a mobile device, internet access, and a data connection. You must obtain or use these products or services separately and pay all associated charges (including for internet access or other data transmission). All content on Linked Sites is outside of our control, and we do not represent or warrant that such content is related to us or our Site, suitable or appropriate for use or viewing, lawful or accurate.
15. DMCA COPYRIGHT NOTICE AND TAKEDOWN PROCEDURE
It is Qwick's policy to respond to claims of copyright infringement. Pursuant to the Digital Millennium Copyright Act, Title 17, United States Code, Section 512(c)(2) (the "DMCA"), notifications of claimed copyright infringement by third parties should be sent to Qwick's Copyright Agent. If you believe that any Contributions violate your copyrighted work in a way that constitutes copyright infringement, please notify our Copyright Agent in writing with the following information:
an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright;
a description of the copyrighted work or other intellectual property that you claim has been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and a description of where the material that you claim is infringing is located on the Site;
your address, telephone number, and, if available, email address;
a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
Please be advised that you may be held liable for damages based on certain material misrepresentations contained in a DMCA infringement notice.
Qwick's Copyright Agent for notice of claims of copyright infringement can be reached as follows:
By email: legal@qwick.com
By mail: Qwick, GP, LLC., P. O. Box 31938, Charleston SC 29417, Attn: DMCA
16. PROMOTIONS
From time to time, we may offer you the opportunity to participate in challenges or other promotions (collectively, “Promotions”). You may not transfer, assign, sell, trade or barter any prize, premium of other benefit you receive through a Promotion. ANY PRIZE, PREMIUM OR OTHER BENEFIT IS AWARDED “AS IS” WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OR GUARANTEE FROM HSD, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
We reserve the right to modify, terminate or suspend the availability of Promotions and to correct errors or inconsistencies in Promotion-related materials. We may disqualify any individual who tampers with any Promotion. CAUTION: ANY ATTEMPT BY ANY INDIVIDUAL TO DELIBERATELY UNDERMINE THE LEGITIMATE OPERATION OF A PROMOTION IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND WE RESERVE THE RIGHT TO SEEK DAMAGES FROM SUCH INDIVIDUAL TO THE FULLEST EXTENT PERMITTED BY LAW.
You agree to be bound by our decisions, which are final and binding in all matters relating to Promotions. Promotions are subject to all applicable federal, state and local laws, rules and regulations. Promotions are void where they are prohibited, restricted or taxed.
BY PARTICIPATING IN A PROMOTION, YOU AGREE TO RELEASE QWICK, ITS AFFILIATES AND ITS AGENTS FROM ANY AND ALL LIABILITY, LOSS OR DAMAGE ARISING FROM OR IN CONNECTION WITH PARTICIPATION IN ANY PROMOTION-RELATED ACTIVITY OR THE RECEIPT, USE OR MISUSE OF ANY PRIZE OR PREMIUM THAT YOU MAY RECEIVE.
17. DISCLAIMER OF WARRANTIES
The Site and Content and all information, content, services, products and activities offered, contained in or advertised on the Site, including without limitation text, video, graphics and links, are provided to you on an “as is”, “as available”, and “with all faults” basis, without warranties of any kind, whether express or implied. TO THE MAXIMUM EXTENT PERMITTED BY LAW, QWICK AND OUR AFFILIATES, LICENSORS, VENDORS, SUPPLIERS AND RELATED PARTIES (EXCEPT FOR YOU WITH REGARD TO YOUR CONTRIBUTIONS) DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO SUCH SITE, INFORMATION, CONTENT, SERVICES, PRODUCTS, ACTIVITIES AND MATERIALS, AND EXPRESSLY DISCLAIM LIABILITY FOR ERRORS OR OMISSIONS IN THE FOREGOING, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, SUITABILITY, FREEDOM FROM COMPUTER VIRUS, ACCURACY, RELIABILITY, SAFETY, NON-INTERRUPTION, PERFORMANCE, COURSE OF DEALING OR COURSE OF PERFORMANCE, OR COMPLIANCE WITH APPLICABLE LAW. YOUR USE OF THE SITE AND ANY CONTENT IS ENTIRELY AT YOUR OWN RISK.
QWICK RELIES UPON PRO USERS AND BUSINESS USERS TO PROVIDE ACCURATE INFORMATION. QWICK DOES NOT REPRESENT OR WARRANT THAT SUCH INFORMATION ACCESSIBLE THROUGH THE MARKETPLACE IS ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR-FREE. ALL CONTENT IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY. THE RELIANCE ON ANY INFORMATION PROVIDED THROUGH THE SITE AND MARKETPLACE IS SOLELY AT YOUR OWN RISK.
QWICK DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT, GIG POSTING OR SERVICE ADVERTISED OR OFFERED BY A PRO USER OR BUSINESS USER OR OTHER THIRD PARTY THROUGH THE MARKETPLACE OR ANY HYPERLINKED WEBSITE OR THIRD-PARTY SERVICE, AND QWICK WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN BUSINESS USERS, PRO USERS, AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
Qwick does not warrant that: (1) the Site will meet your requirements or that you will receive any certain volume or quality of Gig Postings or Pro User candidates; (2) operation of the Site will be uninterrupted or virus or error free; (3) the Site will operate or be compatible with any other application or any particular system or device; or (4) defects in the Site can or will be corrected. The Site may be subject to limitations, delays, and other problems inherent in the use of the internet and electronic communications. Qwick is not responsible for any delays, delivery failures, or other damage resulting from such problems.
18. LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL QWICK BE LIABLE TO YOU OR ANY THIRD PARTY FOR LOSS OF PROFITS, REVENUE OR INCOME, OR FOR ANY INDIRECT, PUNITIVE, SPECIAL, EXEMPLARY, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, OR PERSONAL OR REAL PROPERTY OR FOR PERSONAL INJURY OR DEATH, ARISING FROM OR RELATING TO THESE TERMS, YOUR ACCOUNT, THE SITE, OR THE CONNECTION TO OR INTERACTION WITH THE MARKETPLACE OR ANY GIG SERVICES PROVIDED OR RECEIVED, WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL QWICK’S TOTAL AGGREGATE LIABILITY UNDER THESE TERMS, WHETHER BASED ON BREACH OF WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EXCEED THE GREATER OF ONE HUNDRED DOLLARS ($100.00) OR THE FEES PAID TO THE RELEVANT PRO USER IN CONNECTION WITH THE RELEVANT GIG POSTING. THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
THE MARKETPLACE CONNECTS PRO USERS WITH BUSINESS USERS FOR THE PURPOSES OF FACILITATING GIG SERVICES. QWICK WILL NOT ASSESS THE SUITABILITY, LEGALITY, OR ABILITY OF ANY PRO USER OR BUSINESS USER, AND YOU EXPRESSLY WAIVE AND RELEASE QWICK FROM ANY AND ALL LIABILITY, CLAIMS, OR DAMAGES ARISING FROM OR IN ANY WAY RELATED TO PRO USERS OR BUSINESS USERS. QWICK WILL NOT ASSESS THE QUALITY, SAFETY, OR LEGALITY OF THE ITEMS OR WORK PRODUCT PROVIDED BY PRO USERS OR BUSINESS USERS THROUGH OR ARISING OUT OF TRANSACTIONS ON THE MARKETPLACE, AND YOU EXPRESSLY WAIVE AND RELEASE QWICK FROM ANY AND ALL LIABILITY, CLAIMS, OR DAMAGES ARISING FROM OR IN ANY WAY RELATED TO PRO USERS OR BUSINESS USERS. QWICK WILL NOT BE A PARTY TO DISPUTES OR NEGOTIATIONS OF DISPUTES, BETWEEN PRO USERS AND ANY BUSINESS USER. RESPONSIBILITY FOR THE DECISIONS PRO USERS OR BUSINESS USERS MAKE REGARDING GIG POSTINGS AND GIG SERVICES OFFERED AND ENGAGED VIA THE MARKETPLACE RESTS SOLELY WITH THE RELEVANT PRO USERS OR BUSINESS USER. IN ADDITION, WE WILL NOT ASSESS THE SUITABILITY, LEGALITY, OR ABILITY OF ANY THIRD PARTIES, AND YOU EXPRESSLY HOLD HARMLESS, WAIVE, AND RELEASE QWICK FROM ANY AND ALL LIABILITY, CLAIMS, CAUSES OF ACTION, OR DAMAGES ARISING FROM YOUR USE OF THE MARKETPLACE, OR IN ANY WAY RELATED TO THE THIRD PARTIES INTRODUCED TO YOU BY THE MARKETPLACE.
Because some jurisdictions do not allow limitations on how long an implied warranty lasts, or the exclusion or limitation of liability for consequential or incidental damages, the above limitations and disclaimer of warranties may not apply to you. This limitation of liability and disclaimer of warranties shall be to the maximum extent permitted by applicable law.
19. INDEMNIFICATION
You agree to indemnify, defend and hold harmless Qwick and our affiliates and subsidiaries (including Labor Force Group, LLC), and us and their officers, directors, shareholders, employees, contractors, agents, licensors, and suppliers (the “Indemnified Parties”), from and against any and all claims, losses, liabilities, damages, judgments, awards, fines, fees, costs or expenses, taxes or interest or penalty thereon, including without limitation, reasonable attorneys’ fees and disbursements incurred in connection with any claim, action, suit, proceeding or investigation, whether civil, criminal, administrative or investigative (“Claim”), arising out of or in connection with (a) your use of the Site, (b) any improper alteration, use, distribution or reliance on the Content, (c) your Contributions, (d) your breach of these Terms (including Additional Terms), any terms or policies governed by these Terms, (e) your violation of any applicable laws, rules, or regulations through or related to the use of the Site, posting of Gig Postings or receipt or provision of Gig Services; (f) your violation of any rights of any third party, or your negligence or willful misconduct, or (g) for any activity related to your Account or password, if any (including but not limited to negligent or wrongful conduct), by you or any other person accessing our Site using your Account or password. If you cause a technical disruption of our Site or the systems transmitting our Site to you or others, you agree to be responsible for any and all losses, liabilities, expenses, damages and costs, including reasonable attorneys’ fees and court costs, arising or resulting from that disruption. This Section will survive the termination of the Terms.
20. BREACH OF THE TERMS
Failure to comply with the Terms may result in our taking all or any of the following actions:
Immediate, temporary or permanent withdrawal of your right to use our Site.
Immediate, temporary or permanent removal of any Contribution posted to the Site.
Issue of a warning to you.
Legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach.
Further legal action against you.
We exclude our liability for all action we may take in response to breaches of these Terms. The actions we may take are not limited to those described above, and we may take any other action we reasonably deem appropriate.
We reserve the right to suspend or terminate access to or withdraw or modify all or part of the Site or your Account for any reason without notice, including for business or operational reasons, such as improving the appearance or functionality of the Site, Content updates, periodic maintenance, or to resolve any issues that we become aware of. You may terminate your account or your use of the Site at any time.
Termination will not limit any of our other rights or remedies. The sections titled Intellectual Property, Indemnification, Limitation of Liability, MUTUAL AGREEMENT TO ARBITRATE / CLASS ACTION WAIVER, and Miscellaneous and any other provision that is intended to survive termination shall survive termination of these Terms or your access to the Site or Account.
We have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Site. YOU WAIVE AND HOLD HARMLESS QWICK AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
21. MUTUAL AGREEMENT TO ARBITRATE / CLASS ACTION WAIVER
PLEASE READ THIS CAREFULLY. IT AFFECTS YOUR RIGHTS, INCLUDING THE RIGHT TO A JURY TRIAL OR TO PARTICIPATE IN A MASS OR CLASS ACTION.
THIS ARBITRATION AGREEMENT IS INTENDED TO BE A COMPLETE AND EXCLUSIVE STATEMENT OF THE PARTIES’ AGREEMENT WITH RESPECT TO THE SUBJECT MATTER HEREOF, AND SUPERSEDES ALL PRIOR OR CONTEMPORANEOUS COMMUNICATIONS, REPRESENTATIONS, OR AGREEMENTS, WHETHER ORAL OR WRITTEN.
Exclusive Dispute Resolution Mechanism. The parties agree that to the greatest extent permitted by applicable law, all disputes, claims, or controversies arising out of or relating to these Terms, or the breach, termination, or invalidity hereof, whether based on contract, tort, statute, fraud, misrepresentation, or any other legal theory, (each, a “Dispute”) between the parties (or their representatives, successors, or insurers) will be resolved under the provisions set forth in the sections below, which shall be the exclusive mechanism for resolving any dispute that may arise from time to time between the parties (“Arbitration Agreement”). THE PARTIES UNDERSTAND THAT BY AGREEING TO THESE TERMS, THEY ARE GIVING UP THE RIGHT TO A JURY TRIAL, TO FILE A LAWSUIT IN COURT AGAINST THE OTHER, AND THE RIGHT TO BRING A CLASS OR COLLECTIVE ACTION AGAINST THE OTHER IN COURT OR IN ARBITRATION FOR COVERED DISPUTES (subject to the terms of the California PAGA Individual Action requirement set forth below), regarding any claims covered by this Arbitration Agreement. This section on arbitration applies to Qwick and its related and affiliated companies, including but not limited to Qwick’s past and present shareholders, directors, officers, employees, alleged agents, contractors, insurers, parent companies, subsidiaries, affiliates (including Labor Force Group, LLC) divisions, successors, and assigns.
Dispute Notice. In the event of any Dispute arising from or relating to the Terms or the breach thereof or the access or use of the Site, the parties hereto shall use reasonable efforts to settle the Dispute. To this effect, the parties shall consult and negotiate with each other in good faith and, recognizing their mutual interests, attempt to reach a just and equitable solution satisfactory to both parties. If the parties cannot resolve the Dispute and you would like to proceed with a claim, you must send a written notice to Qwick of any Dispute (“Dispute Notice”). The Dispute Notice shall contain: (i) a written description of the claim or dispute, supporting information, and relevant documents; (ii) a statement of the proposed resolution or relief you are requesting; and (iii) your name and mailing address. Any Dispute Notice to Qwick must be sent to support@qwick.com. Qwick will assign your Dispute to a designated representative who will contact you to try to resolve the Dispute. You and Qwick agree to work together in a good faith attempt to resolve the Dispute, and no litigation or arbitration may be commenced until 30 days after the Dispute Notice is received by Qwick (the “Dispute Resolution Period”). This Dispute Notice provision is an express condition precedent to litigation or binding arbitration of any Dispute. Notwithstanding anything herein to the contrary, any dispute between the parties regarding whether the conditions precedent in this paragraph have been met shall be submitted for resolution to a court of competent jurisdiction.
Litigation or Arbitration as a Final Resort. If the parties cannot resolve the Dispute during the Dispute Resolution Period, then after the Dispute Resolution Period has expired, you may either (i) commence binding arbitration, or (ii) file an individual claim in small claims court in a court of competent jurisdiction if the amount of your claim does not exceed the applicable small claims court limitation. THESE ARE THE EXCLUSIVE MECHANISMS FOR RESOLVING DISPUTES.
Waiver of Class Action. THE PARTIES AGREE TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW THAT EACH MAY BRING CLAIMS AGAINST THE OTHER, WHETHER IN ARBITRATION OR COURT, ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, OR REPRESENTATIVE PROCEEDING (“Class Action Waiver”). Further, unless the parties agree otherwise, any appointed arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of a representative or class proceeding. Notwithstanding anything herein to the contrary, any dispute between the parties regarding whether this waiver of class, collective, and representative actions is unenforceable, unconscionable, illegal, void, or voidable shall be submitted for resolution to a court of competent jurisdiction. If there is a final judicial determination that any portion of this Arbitration Agreement is unenforceable or unlawful for any reason, (i) any class, collective, coordinated, consolidated, and/or representative claims subject to the unenforceable or unlawful portion(s) shall remain in a court of competent jurisdiction; (ii) the portion of the Class Action Waiver that is enforceable shall be enforced in arbitration or small claims court; (iii) the unenforceable or unlawful portion(s) shall be severed; and (iv) severance of the unenforceable or unlawful portion(s) shall have no impact whatsoever on the enforceability, applicability, or validity of the remaining sections and subsections of these terms or the arbitrability of any remaining claims asserted by you or Qwick.
California PAGA Individual Action Requirement. The parties agree to arbitrate California Private Attorney General Act (“PAGA”) claims on an individual basis only. Therefore, any individual claim by you (if applicable) under PAGA to recover civil penalties or other relief arising from alleged violations committed against you must be individually arbitrated under this Arbitration Agreement. The arbitrator is without authority to preside over any PAGA claim you bring on behalf of other putative aggrieved employees or other claim(s) joined by or consolidated with another person’s or entity’s PAGA claim. Notwithstanding anything herein to the contrary, any dispute between the parties regarding whether this California PAGA Individual Action Requirement is unenforceable, unconscionable, illegal, void, or voidable shall be submitted for resolution to a court of competent jurisdiction. This California PAGA Individual Action Requirement clause will be severable from this Arbitration Agreement if there is a final judicial determination that it is invalid, unenforceable, unconscionable, void, or voidable. In such case, the PAGA action must be litigated in a civil court of competent jurisdiction — not in arbitration — but the portion of the PAGA Individual Action Requirement that is enforceable will be enforced in arbitration.
Arbitration Rules and Governing Law. The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with AAA’s Arbitration Rules (the “AAA Rules”) in effect at the time that the claim is brought unless the parties agree otherwise in writing. The AAA Rules are available at https://www.adr.org/Rules or by searching for “AAA Arbitration Rules” using a service such as www.google.com or www.bing.com. The arbitration shall be heard by one arbitrator (the “arbitrator”) selected in accordance with the AAA Rules.
The arbitrator will be either (1) a retired judge, or (2) an attorney licensed to practice law in the state where the arbitration is conducted with experience in the law underlying the dispute. The parties will select the arbitrator from the applicable arbitration provider’s roster of arbitrators. If the parties cannot agree on an arbitrator after a good faith meet and confer effort, then AAA will appoint the arbitrator in accordance with its rules.
Notwithstanding any choice of law or other provision in these terms, the parties agree and acknowledge that this Arbitration Agreement evidences a transaction involving interstate commerce and that the Federal Arbitration Act, 9 U.S.C. § 1 et seq. (“FAA”), will govern its interpretation, enforcement, and proceedings. The parties intend to be bound by the FAA for all purposes, including interpretation, implementation, enforcement, and administration of this Arbitration Agreement. The FAA and the AAA Rules shall preempt all state laws to the fullest extent permitted by law.
These Terms are governed by and construed in accordance with the laws of the State of South Carolina, without giving effect to any conflict of law principles. All litigation permitted under this Agreement may be brought only in the state or federal courts located in or nearest to Charleston, South Carolina and each party irrevocably submits to such exclusive jurisdiction and venue.
7. Decisions Regarding Arbitrability. The parties agree that the arbitrator, and not any federal, state, or local court or agency, will have exclusive authority to resolve any Disputes relating to the interpretation, applicability, enforceability or formation of this Arbitration Agreement, including any claim that all or any part of this Arbitration Agreement is void or voidable. The arbitrator will also be responsible for determining all threshold arbitrability issues, including whether the Arbitration Agreement or these terms are unconscionable or illusory and any defense to arbitration, including waiver, delay, laches, or estoppel. This provision does not apply to exceptions set forth above regarding whether the conditions precedent to arbitration have been met, regarding the Class Action Waiver, and regarding the California PAGA Individual PAGA Requirement, which interpretation, applicability, enforceability or formation are to be determined by a court of competent jurisdiction and not the arbitrator.
8. Arbitration Process. In order to initiate arbitration following the conclusion of the Dispute Resolution Period, a party must provide the other party with a written demand for arbitration and file the demand with AAA. A party initiating an arbitration against Qwick must send the written demand for arbitration to legal@qwick.com, or serve the demand on Qwick’s registered agent for service of process, c/o Qwick GP LLC.
9. Arbitrator’s Decision. The arbitrator’s decision will be final and binding on the parties. The arbitrator will provide a reasoned written opinion supporting the decision. The arbitrator can award damages and other relief authorized by applicable law. The arbitrator will have no authority to award punitive or other damages not measured by the prevailing party’s actual damages, except as may be required by statute or applicable law. Judgment on the award rendered by the arbitrator will be binding and final, and may be entered in any court having jurisdiction. Except as required by law, neither the parties nor the arbitrator may disclose the existence, content, or results of any arbitration under this Arbitration Agreement without the prior written consent of both parties. The parties agree to treat all aspects of the arbitration as confidential, as provided by the AAA.
10. Application to Third Parties. This Arbitration Agreement shall be binding upon and include any claims brought by or against any third parties, including but not limited to their spouses, heirs, third-party beneficiaries (including Qwick’s related and affiliated companies, past and present shareholders, directors, officers, employees, alleged agents, contractors, insurers, parent companies, subsidiaries, affiliates (including Labor Force Group, LLC) divisions, successors, and assigns), where their underlying claims arise out of or relate to the use of the Site. To the extent that any third-party beneficiary to this Arbitration Agreement brings claims against the parties, those claims shall also be subject to this Arbitration Agreement.
11. Exceptions to Arbitration. Notwithstanding the foregoing, each party has the right to apply to any court of competent jurisdiction for interim relief necessary to preserve the party’s rights, including pre-arbitration injunctions, and such request will not be deemed incompatible with, or a waiver of, this Arbitration Agreement.
This Arbitration Agreement shall not require arbitration of the following claims: (i) individual claims brought in small claims court pursuant so long as the matter remains in such court and advances only on an individual basis; (ii) individual claims of sexual assault or sexual harassment occurring in connection with your use of the Site; and/or (iii) injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights. Such claims may be brought and litigated in a court of competent jurisdiction on an individual basis only and cannot be brought as a class, collective, coordinated, consolidated, mass, and/or representative action.
The parties’ agreement not to require arbitration does not waive the enforceability of this Arbitration Agreement as to any other provision (including, but not limited to, the waivers provided above, which will continue to apply in court as well as in arbitration), or the enforceability of this Arbitration Agreement as to any other controversy, claim, or dispute.
12. Arbitration Costs. For Disputes between Qwick and Business Users, the parties shall evenly split all filing fees, arbitrator’s fees, arbitration expenses, and any other costs unique to the arbitration hearing. For Disputes between Qwick and Pro Users, Qwick shall be responsible for the arbitrator’s fees and arbitration expenses and any other costs unique to the arbitration hearing and that exceed those costs a Pro User would otherwise incur if the Dispute were heard in court. Each party shall pay its own deposition, witness, expert, attorneys’ fees, and other expenses to the same extent as if the matter were being heard in court. However, if any party prevails on a statutory claim that affords the prevailing party the right to recover attorneys’ fees and costs, or if there is a written agreement providing for attorneys’ fees and costs to be awarded to the prevailing party, the arbitrator may award reasonable attorneys’ fees in accordance with the applicable statute or written agreement. The arbitrator shall resolve any dispute regarding the reasonableness of any fees or costs awarded under this Arbitration Agreement.
Any Disputes regarding a party’s obligation to pay any arbitration fees or costs that arise after an arbitrator is appointed shall be determined solely by the arbitrator based on applicable law.
13. Severability and Survival. This Arbitration Agreement shall survive the termination of the Business User or Pro User’s use of the Site. If any provision of these Arbitration Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced to the fullest extent under law.
22. MISCELLANEOUS
Outside the United States. The Site is provided for users in the United States. Although it may be possible to access the Site from other countries, we make no representation that our Site is compliant with any legal requirements in force in any jurisdiction other than the United States, or that the content available on the Site will be appropriate for users in other countries or states. If you access the Site from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
Suspension. We reserve the right to suspend or terminate access to or withdraw or modify all or part of the Site or your Account for any reason without notice, including for business or operational reasons, such as improving the appearance or functionality of the Site, content updates, periodic maintenance, or to resolve any issues that we become aware of. You may terminate your Account or your use of the Site at any time.
App Stores. You acknowledge and agree that the availability of the Site is dependent on the third party from which you received the application license, such as the Apple or Android app store (each, an “App Store”). You acknowledge and agree that these Terms are between you and Qwick and not with the App Store. Qwick, not the App Store, is solely responsible for the Site, including the mobile application(s), the content thereof, maintenance, support services, and warranty therefore, and addressing any claims relating thereto (for example, product liability, legal compliance, or intellectual property infringement).
NOTICE TO CALIFORNIA RESIDENTS. BY USING THE WEBSITE, YOU WAIVE YOUR RIGHTS WITH RESPECT TO CALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.” If the Site is at any time deemed an electronic commercial service (as defined under California Civil Code Section 1789.3), California residents are entitled to the following specific consumer rights information:
The provider of the Site is:
Provider: Qwick GP, LLC
Phone: 843-410-3801
E-mail: support@qwick.com
Postal Address: Qwick, GP, LLC., P. O. Box 31938, Charleston SC 29417
If the Site is deemed as electronic commercial service, you may file a complaint regarding the Site or to receive further information regarding use of the Site by sending a letter to the attention of “Legal Department” at the above address.
5. General. If any provision of these Terms of Use is determined by a court of competent jurisdiction to be illegal, invalid, or unenforceable, the remaining provisions of these Terms of Use will remain in full force and effect. You and Qwick intend that the provisions of these Terms of Use be enforced to the fullest extent permitted by applicable law. Accordingly, you and Qwick agree that if any provision is deemed unenforceable, where possible, it will be modified to the extent necessary to make it enforceable, which may include its deletion. Section titles are only for convenience and have no legal or contractual significance. Any list of examples following "including" or "e.g.," is illustrative and not exhaustive, unless qualified by terms like "only" or "solely”. Qwick may assign these Terms of Use, in whole or in part, at any time, with or without notice to you. You may not assign, transfer, or sublicense your rights, if any, in your Account, to the Site, or under these Terms of Use. These Terms of Use (including any incorporated terms or policies) constitute the entire agreement between you and Qwick with respect to your Account and the Site. Both you and Qwick warrant to each other that, in entering these Terms of Use, neither Qwick nor you have relied on or will have any right or remedy based upon any statement, representation, warranty, or assurance other than those expressly stated in these Terms. The preceding sentence will not limit or exclude any liability that cannot be limited or excluded under applicable law. No one other than you and Qwick, or Qwick’s successors and permitted assigns, will have any right to enforce any of these Terms of Use.
23. CONTACT
For information about our responsible disclosure policy and any other technical inquiries, please email Qwick support at support@qwick.com.