Terms of Service
Last Updated: December 13, 2024
GigNext by GobalLogic (“GigNext”) urges you to carefully review these Terms of Service (“Terms”) as they contain the legal terms and conditions that govern your use of and access to our websites (“Sites”) and our services that provide a global platform which connects skilled individuals with meaningful projects (“Services”). Additional or different terms may apply when you use specific products or services or when you interact with third parties using our Services.GigNext is a global platform that enables the connection of skilled individuals with employers having potential job opportunities. GigNext’s Services gather, evaluate and refer skilled individuals to employment vendors and potential employers, and in this regard GigNext acts as a referrer of these skilled individuals to vendors and potential employers, not as a co-employer. Individuals using our Services are not employed by GigNext; however, it is possible that GlobalLogic or one of its affiliated entities might be a potential employer seeking skilled individuals to fill open job opportunities. GigNext makes no guarantee that our Services will be available in all jurisdictions, nor that any individual will be connected with one or more particular job opportunities, participate in any company’s application or vetting processes, or receive employment with any company through the use of our Services.
By accessing or using any of our Services, you are accepting and agreeing to these Terms and our Privacy Statement, which is incorporated herein by reference, on behalf of yourself and any entity that you represent. By using our Services, you agree that you are of legal age and capacity to enter into these Terms.
We reserve the right to modify or amend these Terms from time to time without notice by posting a revised version on our Sites or otherwise providing them to you through communications or our Services. Your continued access or use of our Services following the posting of changes to these Terms will mean that you accept those changes to our Terms as binding and enforceable obligations to you. You may also be asked to re-acknowledge or reaccept these Terms following any material changes or the passage of time. If at any time the Terms are not acceptable to you, your only recourse is to cease using our Services. For certain of our Services, which may be provided in whole or in part through our Sites, you may also be required to execute additional agreements that will have their own terms and conditions which specifically apply to those Services. In particular, the terms and conditions applicable to vendors and service providers with whom we work will remain unchanged by these Terms.
GigNext welcomes all individuals to our Sites for the purpose of informing you about our Services and to connect with us for other legitimate business or commercial purposes. Certain features of our Services, our Sites, or the Content (defined below) may have age or geographic restrictions or otherwise be limited by applicable laws. GigNext endeavors to clearly inform you by marking our Services and our Sites if any such restrictions apply.
GigNext grants you a limited, revocable, non-exclusive, non-transferable license to access and make use of the Sites, our Services, or the Content. This license does not include any resale or commercial use of the Sites, our Services, or the Content; any collection and use of any product or service listings, descriptions, or prices; any derivative use of the Sites, our Services, or the Content; any downloading or copying of account information for the benefit of a third party; or any use of data mining, gathering or extraction tools. The Sites and our Services may not, in whole or in part, be reproduced, sold, sublicensed, or otherwise exploited for any commercial purpose without the express written consent of GigNext. Any unauthorized use of our Sites, our Services, or the Content automatically terminates the permissions and/or licenses granted to you by GigNext.
We are constantly improving our Services and our Sites. As such, you may be required to accept updates from GigNext or from authorized third parties to continue accessing and using the Sites, our Services, or the Content you have installed on your devices or your systems. You acknowledge and agree that GigNext may update the Sites, our Services, or the Content with or without prior notification to you.
GigNext is committed to inclusivity and access for its digital content on our Sites for those with visual, hearing, cognitive, motor and other impairments. Please let us know by reaching out to legal@globallogic.com if you encounter accessibility barriers on our Sites and we will make reasonable efforts to meet your needs.
All of the content featured or displayed on our Sites, in our Services, including without limitation text, graphics, photographs, images, moving images, sound, and illustrations (“Content”), is owned or licensed by GigNext, our affiliates, licensors, vendors, agents and/or our Content providers. We may place specific limitations on your access to and use of Content, such as how you may use or reproduce the Content, the number of times you may download the Content, locations from which you may access the Content, how many or the types of devices and systems you may use to access the Content, or additional terms as may be applicable to specific Content. We reserve the right to modify our access and use of any Content, at any time and for any reason.
All elements of our Sites and our Services, including without limitation the general design and the Content, are protected by copyright, trademark, trade dress, moral rights, and other laws of the United States and foreign jurisdictions relating to intellectual property rights. You may not use the Content in any way not expressly permitted by these Terms and if you do, your right to use the Content will automatically terminate. Unless expressly stated otherwise, you may not reproduce, modify, disseminate, or otherwise exploit our Content in any way or in any form without the prior express written permission of GigNext. You agree that you will not use any meta tags or any other “hidden text” utilizing our name, slogans, product or service names, or trademarks without our express written consent. You agree that you will not remove any copyright, trademark or other proprietary notices from material found on the Sites, our Services, or the Content.
You are prohibited from posting or sending any unlawful, threatening, defamatory, libelous, obscene, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law. In addition to any remedies that GigNext may have at law or in equity, if we determine, in our sole discretion, that you have violated or are likely to violate the foregoing prohibitions or these Terms, we may take any action we deem necessary to cure or prevent the violation, including without limitation, banning you from our Sites and Services, preventing you from leaving comments or participating in our forums and communities, if any, and/or the immediate removal of the materials from the Sites at any time and without notice. GigNext will fully cooperate with any law enforcement authorities or court order or subpoena requesting or directing us to disclose the identity of anyone posting such materials. GigNext reserves the right to monitor the Content and any materials that are provided by you to our Sites or Services and to modify, block, suspend, delete or preclude such materials in our sole discretion.
You agree that you will not use any robot, spider, scraper or other automated means to access the Sites or our Services for any purpose without our express written permission. Additionally, you agree that you will not: (i) take any action that imposes or may impose, as determined in our sole discretion, an unreasonable or disproportionately large load on our infrastructure; (ii) interfere or attempt to interfere with the proper working of our Sites or our Services, or other GigNext activities supported through our Sites; or (iii) bypass any measures we may use to prevent or restrict access to the Sites, our Services, or the Content.
Any and all trademarks, service marks and trade names used by GigNext, including but not limited to the GigNext name, product or services names, or any logos, (“Marks”) are owned by GigNext or our affiliates, partners, vendors or licensors. You may not use, copy, reproduce, republish, upload, post, transmit, distribute, or modify our Marks in any way, including in advertising or publicity, without our prior written consent. You may not use any Marks in any way, as determined solely in GigNext’s reasonable judgment, that might imply our endorsement, recommendation or other affiliation with you, without our express prior written consent.
GigNext respects the copyright and intellectual property ownership rights of others. The Digital Millennium Copyright Act of 1998 (“DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that any material used or displayed on or through our Sites or Services infringes your copyright, you may send us a notice requesting that the material be removed or access to it blocked.
For the notice to be effective, it must be in writing and must include the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed (or if multiple copyrighted works are covered by a single notification, a representative list of such works); (c) identification of the material that is claimed to be infringing or the subject of infringing activity, and information reasonably sufficient to allow us to locate the material on our Sites; (d) the name, address, telephone number and email address (if available) of the complaining party; (e) a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and (f) a statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, and your content has been removed or access to content has been blocked, the DMCA permits you to send us a counter-notice. For the counter-notice to be effective, it must be in writing and must include the following information: (a) physical or electronic signature of the user or a person authorized to act on behalf of the user; (b) identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled; (c) a statement under penalty of perjury that the user has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; (d) the user’s name, address, and telephone number; and (e) statement that the user consents to the jurisdiction of the County of Santa Clara, State of California and that the user will accept service of process from the person who submitted the Notification of Claimed Infringement or an agent of such person. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA; see https://www.copyright.gov for details. DMCA notices and counter-notices regarding our Sites and Services should be sent to us via email or regular mail at the following:
Via email to: legal@globallogic.com
Via regular mail to:
GigNext by Global Logic
Attn: Chief Legal Officer
2535 Augustine Drive, 5th Floor
Santa Clara, California 95054
GigNext may require you to create an account in order to access certain parts of our Sites, to interact with us, or to enjoy the use of our Services. You agree that for any account with us, you will: (a) provide true, accurate, current and complete information about yourself and your business as prompted by our registration processes (“Registration Data”) and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, GigNext has the right to suspend or terminate your account and refuse any and all current or future use of the Sites or our Services.
You acknowledge and agree that GigNext may provide notices and messages to you from time to time, by: (1) posting to our Sites; (2) displaying within our Services; or (3) contacting you using the contact information you provided us (e.g., email, mobile number, physical address). GigNext is not responsible for your failure to view, receive or act upon notices and messages that we have provided in any of the foregoing manners.
GigNext is not responsible for the security and confidentiality of your password and account access information, and you are responsible for safeguarding your account access information and for any and all activities that occur under your account. You agree that you will not share your account information, including your username and password, with any third party or permit any third party to logon to our Services using your account information. You are responsible for taking precautions and providing security measures best suited for your situation and intended use of our Services. You agree to immediately notify us of any unauthorized use of your account or any other breach of security of which you become aware.
We may have the obligation and right to provide user account, Content or use records, and related information to third parties under certain circumstances, such as in response to legal responsibility, lawful process, orders, subpoenas, or warrants, or to protect our rights, customers or business.
GigNext may include features on our Sites or in our Services that allow you to share your communications or content (“User Content”) with us or with others in a non-confidential manner. You agree you will not send, upload or transmit any User Content of any type that infringes or violates any rights of any individual or violates these Terms. For clarity, User Content does not include any confidential personal information that you submit specifically for the purpose of job opportunities, such as your resume, contact information, or other personal data.
GigNext may also request or receive ideas, suggestions, documents, or proposals from you (“Feedback”). You represent and warrant that you have all rights necessary to submit the Feedback to GigNext and you agree that you provide any Feedback at your own risk. GigNext has no obligations, including without limitation obligations of confidentiality or compensation, with respect to such Feedback, and we may use or not use Feedback in our sole discretion and for any purpose whatsoever.
You further agree that such User Content and Feedback that is provided through the Services may be seen, read, used or re-transmitted by GigNext or other users of our Sites and Services. You explicitly represent and warrant that you are the owner of such User Content or Feedback, and have all rights and licenses necessary regarding such User Content and Feedback and hereby grant GigNext a royalty-free, perpetual, irrevocable, unrestricted worldwide nonexclusive license to use, reproduce, create derivative works from, modify, publish, edit, translate, adapt, transform, distribute, transmit, broadcast, perform and display such User Content and Feedback in any media or medium, or any form, format, or forum now known or hereafter developed. GigNext may sublicense its rights to any User Content and Feedback through multiple tiers of sublicenses and you irrevocably waive any “moral rights” or other rights with respect to attribution of authorship or integrity of materials for such User Content and Feedback.
Our Sites and our Services may contain links to other sites, products or services that are not owned, operated, or controlled by GigNext or its affiliates. GigNext provides these links as a convenience for you and does not recommend, monitor, control or endorse any third-party products or services or any third-party advertising or content. If you use these links or any linked materials or information, you will leave our Sites and Services and GigNext is not responsible for the content and does not control third party terms of use or privacy policies or how any third party may treat your information. Please be mindful that your use of any third party sites, products or services is at your own risk.
Other websites may link to our Sites or our Services, with or without our authorization, and we reserve the right to block or disable any links to or from our Sites or our Services at any time and for any reason.
YOUR USE OF OUR SITES AND OUR SERVICES ARE AT YOUR RISK. THE INFORMATION AND MATERIALS PROVIDED ON OR THROUGH OUR SITES AND SERVICES ARE PROVIDED “AS IS” WITHOUT ANY WARRANTIES OF ANY KIND, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SECURITY OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. NEITHER GIGNEXT, NOR ANY OF ITS AFFILIATES WARRANT THE ACCURACY OR COMPLETENESS OF THE INFORMATION, MATERIALS, PRODUCTS, OR SERVICES PROVIDED ON OR THROUGH OUR SITES OR OUR SERVICES, AND SUCH MAY BE OUT OF DATE, AND NEITHER GIGNEXT, NOR ANY OF ITS AFFILIATES, MAKES ANY COMMITMENT OR ASSUMES ANY DUTY TO MAINTAIN, UPDATE OR VERIFY SUCH INFORMATION, MATERIALS, PRODUCTS, OR SERVICES. THE FOREGOING EXCLUSIONS OF IMPLIED WARRANTIES DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM GIGNEXT OR THROUGH OUR SITES OR OUR SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
GIGNEXT DOES NOT ASSUME ANY RESPONSIBILITY, OR WILL BE LIABLE, FOR ANY DAMAGES TO, OR ANY VIRUSES THAT MAY INFECT, YOUR DEVICES, SYSTEMS, SOFTWARE, OR OTHER PROPERTY CAUSED BY OR ARISING FROM YOUR ACCESS TO, USE OF, BROWSING, DOWNLOADING FROM OR UPLOADING TO OUR SITES OR OUR SERVICES. IN NO EVENT WILL GIGNEXT, OR ANY OF ITS OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AFFILIATES, AGENTS, SUCCESSORS OR ASSIGNS, NOR ANY PARTY INVOLVED IN THE CREATION, PRODUCTION OR TRANSMISSION OF THE SITES OR SERVICES BE LIABLE TO YOU OR ANYONE ELSE FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF OUR SITES OR OUR SERVICES, OR THE MATERIALS, INFORMATION, PRODUCTS, OR SERVICES CONTAINED THEREON, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATIONS OF LIABILITY DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS. IN THE EVENT OF ANY PROBLEM WITH OUR SITES OR OUR SERVICES, YOU AGREE THAT YOUR SOLE REMEDY IS TO CEASE USING THE SITES AND SERVICES. IN NO EVENT SHALL GIGNEXT’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE EXCEED TWENTY-FIVE DOLLARS (US $25.00).
Some jurisdictions do not allow the disclaimer of certain types of damages or liability in whole or in part with respect to consumer agreements, although the exclusions, limitations and disclaimers in these Terms shall always be construed to take full advantage of their meaning to the extent permitted by law. You should consult your own legal advisor should you wish to determine the laws and regulations that apply to you.
You agree to defend, indemnify and hold GigNext, GlobalLogic and any GlobalLogic affiliated company or individual harmless from any and all liabilities, costs, and expenses, including reasonable attorneys’ fees, related to or in connection with (i) the use of our Sites or our Services or your placement or transmission of any message or information on our Sites or our Services by you or your authorized users; (ii) your violation of any of these Terms, including without limitation, your breach of any of the representations and warranties herein; (iii) your violation of any third party right, including without limitation any right of privacy, publicity rights or Intellectual Property Rights; (iv) your violation of any law, rule or regulation of the United States or any other country; (v) any claims or damages that arise as a result of any User Content or Feedback that you provide to GigNext; (vi) any other party’s access and use of our Sites or our Services, with your unique username, password or other appropriate security account access information; and (vii) as a result of a dispute between you and one or more other users of our Sites or our Services.
You further agree to defend, indemnify and hold GigNext, GlobalLogic and any GlobalLogic affiliated company or individual harmless against any alleged violation of federal, state, or local labor or employment laws related to any application for employment, offer of employment, employment of, or termination of employment arising from or in connection with use of the GigNext Services including without limitation, claims related to the classification of personnel, non-payment of wages, minimum wage or overtime, discrimination, harassment, retaliation, or any other claim related to or arising from employment sought or obtained using the GigNext Services.
GigNext may suspend or terminate your account or your use of our Sites or access to our Services, at any time, for any reason or for no reason. We may also block your access to our Sites and/or our Services in the event that (a) you breach these Terms, our Privacy Statement or other policies, or any agreement that you have with us; (b) we are unable to verify or authenticate any information you provide to us; or (c) we believe that your actions may cause damage to or financial loss or legal liability for you, our users or GigNext.
Upon termination of these Terms, and subject to applicable law, GigNext reserves the right to delete your full user profile data and account within 30 days, subject to applicable laws. Notwithstanding anything to the contrary herein, the obligation to return, destroy or permanently delete all copies of any confidential information of the other party (including without limitation, your user data) does not extend to anonymized and aggregated information.
GigNext is not responsible for damages, delays or failures in performance resulting from acts or occurrences beyond our reasonable control, including, without limitation: fire, lightning, explosion, power surge or failure, water, acts of God, war, revolution, pandemic events, civil commotion or acts of civil or military authorities or public enemies: any law, order, regulation, ordinance, or requirement of any government or legal body or any representative of any such government or legal body; or labor unrest, including without limitation, strikes, slowdowns, picketing, or boycotts; inability to secure raw materials, transportation facilities, fuel or energy shortages, or acts or omissions of other common carriers.
Privacy and data security are important to GigNext. As part of our commitment to your privacy, we have captured information regarding our data collection and use practices, including data collection and use of personally information, in our Privacy Statement.
GigNext by GlobalLogic is headquartered in Santa Clara, California, in the United States. Our Sites and our Services are controlled and operated from our US headquarters but may be accessible by individuals from locations outside of the United States. GigNext does not promote or offer our Services in all jurisdictions and so our Services may only be available to individuals living in and/or authorized to work in certain countries. GigNext makes no claims that our Sites or our Services are appropriate for use in any non-designated jurisdiction, and if you access our Sites or our Services from outside of designated jurisdictions, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.
If you are located in a jurisdiction outside of the United States where we may offer our Services, such as India, please be aware that any information we collect may be transferred to and processed in the United States or other territories in which the privacy laws may not be equivalent to or as comprehensive as those in the country where you reside and/or are a citizen. We encourage you to refer to our Privacy Statement for more information.
We may, as permitted by applicable laws, also further designate additional jurisdictional restrictions or we may place other limitations or restrictions on individuals who may access and use our Services.
READ THIS SECTION CAREFULLY, AS IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE OR PARTICIPATE IN A LAWSUIT FILED IN COURT.
(a) Informal Dispute Resolution Procedure
For any controversy or claim you have with GigNext, GlobalLogic or its affiliates, subsidiaries, employees, contractors, officers, directors, you agree to first try to resolve any dispute informally by contacting us at legal@globallogic.com. Within 30 days of written notice of a dispute, both parties will identify at least a director-level person to conduct discussions. If a dispute is not resolved within 30 days of director-level discussions ensuing, and the Parties do not agree to extend time in writing, either party may pursue arbitration as provided below.
The above informal dispute resolution process is required before you may commence any formal dispute resolution proceeding. The parties agree that any relevant limitations period and filing fees or other deadlines will be tolled while the parties engage in this informal dispute resolution process.
(b) Mutual Arbitration Agreement
We each agree that any claim, dispute, or controversy (excluding any claims for injunctive or other equitable relief as provided below) arising out of or in connection with or relating to your access or use of the Services including without limitation (i) the content available on the Services; (ii) these Terms (including its formation, performance, and breach); or (iii) that in any way relate to the provision or use of the Services, or any other dispute with GigNext, GlobalLogic or GlobalLogic affiliates, (collectively, “Claims”) shall be resolved exclusively through binding arbitration in accordance with this “Arbitration and Class Action/Jury Trial Waiver” section (collectively, the “Arbitration Agreement”). This includes Claims that arose, were asserted, or involve facts occurring before the existence of this Arbitration Agreement or any prior agreement as well as Claims that may arise after the termination of this Arbitration Agreement, in accordance with the notice and opt-out provisions set forth in subsection (i). This Arbitration Agreement is governed by the Federal Arbitration Act (“FAA”) in all respects and evidences a transaction involving interstate commerce. You and GigNext expressly agree that the FAA shall exclusively govern the interpretation and enforcement of this Arbitration Agreement. If for whatever reason the rules and procedures of the FAA cannot apply, the state law governing arbitration agreements in the state in which you reside shall apply.
Except as set forth in this “Arbitration and Class Action/Jury Trial Waiver” section, the arbitrator or arbitration body, and not any federal, state or local court or agency, shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability or formation of these Terms and this Arbitration Agreement, including, but not limited to any claim that all or any part thereof are void or voidable, whether a claim is subject to arbitration, and any dispute regarding the payment of administrative or arbitrator fees (including the timing of such payments and remedies for nonpayment). The arbitrator or arbitration body shall be empowered to grant whatever relief would be available in a court under law or in equity.
Notwithstanding the parties' decision to resolve all disputes through arbitration, each party retains the right to (i) elect to have any claims resolved in small claims court on an individual basis for disputes and actions within the scope of such court’s jurisdiction, regardless of what forum the filing party initially chose; (ii) bring an action in state or federal court to protect its intellectual property right ("intellectual property rights" in this context means patents, copyrights, moral rights, trademarks, and trade secrets and other confidential or proprietary information, but not privacy or publicity rights); and (iii) seek a declaratory judgment, injunction, or other equitable relief in a court of competent jurisdiction regarding whether a party’s claims are time-barred or may be brought in small claims court. Seeking such relief shall not waive a party’s right to arbitration under this Arbitration Agreement, and any filed arbitrations related to any action filed pursuant to this paragraph shall automatically be stayed pending the outcome of such action.
You and GigNext agree to submit to the personal jurisdiction of any federal or state court in Santa Clara County, California in order to compel arbitration, to stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator; and in connection with any such proceeding, further agree to accept service of process by U.S. mail and hereby waive any and all jurisdictional and venue defenses otherwise available. Except as set forth in subsection (c) below, if any provision of this Arbitration Agreement is found by an arbitrator or court of competent jurisdiction to be invalid, the parties nevertheless agree that the arbitrator or court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions thereof remain in full force and effect.
THE PARTIES UNDERSTAND THAT ARBITRATION MEANS THAT AN ARBITRATOR AND NOT A JUDGE OR JURY WILL DECIDE THE CLAIM, AND THAT RIGHTS TO PREHEARING EXCHANGE OF INFORMATION AND APPEALS MAY BE LIMITED IN ARBITRATION. YOU HEREBY ACKNOWLEDGE AND AGREE THAT YOU AND GIGNEXT ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY TO THE MAXIMUM EXTENT PERMITTED BY LAW.
(c) Class Arbitration and Collective Relief Waiver
YOU AND GIGNEXT ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT ALLOWED BY LAW, EXCEPT AS SET OUT OTHERWISE IN THIS SUBSECTION (c), ANY ARBITRATION SHALL BE CONDUCTED IN AN INDIVIDUAL CAPACITY ONLY AND NOT AS A CLASS OR OTHER CONSOLIDATED ACTION AND THE ARBITRATOR MAY AWARD RELIEF ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO RESOLVE AN INDIVIDUAL PARTY’S CLAIM, UNLESS GIGNEXT PROVIDES ITS CONSENT TO CONSOLIDATE IN WRITING.
If there is a final judicial determination that this subsection (c) is not enforceable as to a particular claim or request for relief, then the parties agree that that particular claim or request for relief may proceed in court but shall be severed and stayed pending arbitration of the remaining claims. This provision does not prevent you or GigNext from participating in a class-wide settlement of claims.
(d) Arbitration Rules
The arbitration will be administered by National Arbitration and Mediation (“NAM”) and resolved before a single arbitrator. If NAM is not available to arbitrate, the parties will select an alternative arbitration provider, but in no event shall any arbitration be administered by the American Arbitration Association. Except as modified by the "Arbitration Agreement" provision, NAM will administer the arbitration in accordance with the NAM Comprehensive Dispute Resolution Rules and Procedures, Fees For Disputes When One of the Parties is a Consumer and the Mass Filing Dispute Resolution Rules and Procedures in effect at the time any demand for arbitration is filed with NAM, excluding any rules or procedures governing or permitting class or representative actions. The applicable NAM rules and procedures are available at www.namadr.com or by emailing National Arbitration and Mediation’s Commercial Dept at commercial@namadr.com.
(e) Initiating Arbitration
Only after the parties have engaged in a good-faith effort to resolve the dispute in accordance with the Informal Dispute Resolution Procedure provision, and only if those efforts fail, then either party may initiate binding arbitration as the sole means to resolve claims using the procedures set forth in the applicable NAM rules. If you are initiating arbitration, a copy of the demand shall also be emailed to legal@globallogic.com. If GigNext is initiating arbitration, it will serve a copy of the demand to the email address associated with your user account or the email that GigNext has on file for you. The arbitrator has the right to impose sanctions in accordance with the NAM rules and procedures for any frivolous claims or submissions the arbitrator determines have not been filed in good faith, as well as for a party’s failure to comply with the Informal Dispute Resolution Procedure contemplated by this Arbitration Agreement.
(f) Arbitration Location and Procedure
If you are a resident of the United States the arbitration will be conducted in the county where you reside, and if you are not a resident of the United States the arbitration shall be conducted in Santa Clara County, California, United States of America, unless you and GigNext otherwise agree or unless the designated arbitrator determines that such venue would be unreasonably burdensome to any party, in which case the arbitrator shall have the discretion to select another venue. If the amount in controversy does not exceed $10,000 and you do not seek injunctive or declaratory relief, then the arbitration will be conducted solely on the basis of documents you and GigNext submit to the arbitrator, unless the arbitrator determines that a hearing is necessary. If the amount in controversy exceeds $10,000 or seeks declaratory or injunctive relief, either party may request (or the arbitrator may determine) to hold a hearing, which shall be via videoconference or telephone conference unless the parties agree otherwise.
Subject to the applicable NAM rules and procedures, the parties agree that the arbitrator will have the discretion to allow the filing of dispositive motions if they are likely to efficiently resolve or narrow issues in dispute. Unless otherwise prohibited by law, all arbitration proceedings will be confidential and closed to the public and any parties other than you and GigNext (and each of the parties’ authorized representatives and agents), and all records relating thereto will be permanently sealed, except as necessary to obtain court confirmation of the arbitration award (provided that the party seeking confirmation shall seek to file such records under seal to the extent permitted by law).
(g) Arbitrator’s Decision
The arbitrator will render an award within the time frame specified in the applicable NAM rules and procedures. The arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court having jurisdiction thereof. The arbitrator will have the authority to award monetary damages on an individual basis and to grant, on an individual basis, any non-monetary remedy or relief available to an individual to the extent available under applicable law, the arbitral forum’s rules, and this Arbitration Agreement. The parties agree that the damages and/or other relief must be consistent with the terms of the "Limitation of Liability" section of these Terms as to the types and the amounts of damages or other relief for which a party may be held liable. No arbitration award or decision will have any preclusive effect as to issues or claims in any dispute with anyone who is not a named party to the arbitration. Attorney's fees will be available to the prevailing party in the arbitration only if authorized under applicable substantive law governing the claims in the arbitration.
(h) Fees
You are responsible for your own attorney's fees unless the arbitration rules and/or applicable law provide otherwise. The parties agree that NAM has discretion to reduce the amount or modify the timing of any administrative or arbitration fees due under NAM’s Rules where it deems appropriate, provided that such modification does not increase the costs to you, and you further agree that you waive any objection to such fee modification. The parties also agree that a good-faith challenge by either party to the fees imposed by NAM does not constitute a default, waiver, or breach of this Arbitration Agreement while such challenge remains pending before NAM, the arbitrator, and/or a court of competent jurisdiction, and that any and all due dates for those fees shall be tolled during the pendency of such challenge.
(i) Right to opt Out of the Arbitration Agreement
IF YOU DO NOT WISH TO BE BOUND BY THE “ARBITRATION AGREEMENT” AS SET FORTH IN THIS “ARBITRATION AND CLASS ACTION/JURY TRIAL WAIVER” SECTION, THEN: (1) you must notify GigNext in writing within thirty (30) days of the date that you first accessed or otherwise become subject to this Arbitration Agreement (or any subsequent changes to the provisions of the section titled “Arbitration and Class Action Waiver”); (2) your written notification must be emailed to legal@globallogic.com; and (3) your written notification must include (a) your name, (b) your address, and (c) a clear statement that you wish to opt out of this Arbitration Agreement. If you do not timely opt out of this Arbitration Agreement, such action shall constitute mutual acceptance of the terms of these “Arbitration and Class Action/Jury Trial Waiver” provisions by you and GigNext.
(j) Changes to This Arbitration Agreement
GigNext will provide thirty (30) days’ notice of any changes affecting the substance of this “Arbitration and Class Action/Jury Trial Waiver” section, which may consist of sending an email to the email address associated with your account or notification via our Site, published changes to these Terms, or the Services. Any such changes will go into effect 30 days after GigNext provides this notice and apply to all claims not yet filed. If you reject any such changes by opting out of the Arbitration Agreement, you may exercise your right to a trial by jury or judge, as permitted by applicable law, but any prior existing agreement to arbitrate disputes under a prior version of the Arbitration Agreement will not apply to claims not yet filed. If GigNext changes this “Arbitration and Class Action/Jury Trial Waiver” section after the date you first accepted this Agreement (or accepted any subsequent changes to this Agreement), you agree that your continued use of the Services 30 days after such change will be deemed acceptance of those changes. If you do not agree to such change, you may opt out by providing notice as described in subsection (i).
These Terms and any action related thereto will be governed by the laws of the State of California without regard to its conflict of laws provisions. For any dispute not subject to arbitration, or under the jurisdiction of a small claims court, you expressly agree and personally submit to the exclusive jurisdiction of the state and federal courts of Santa Clara County, State of California.
These Terms, including our Privacy Statement or other policies provided to you, constitute the entire agreement between you and GigNext regarding our Sites and our Services and supersede any and all other terms, representations, promises or discussions. The use of our Services may also be governed by additional terms under separate agreements. Only GigNext has the authority to agree to make amendments to these Terms, and for any amendment to be binding on us, such amendment must be in writing and executed by GigNext.
You may not assign or transfer these Terms, by operation of law or otherwise, without our prior written consent. Any attempt by you to assign or transfer these Terms without such consent will be null and of no effect. GigNext may assign or transfer these Terms at its sole discretion and without restriction.
The failure of GigNext to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized GigNext representative. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise. If for any reason any provision of these Terms is found to be invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect. Questions or comments regarding our Sites or our Services should be submitted to: info@globallogic.com.
