Terms of Use

WELCOME TO GIGZILLA

Gigzilla is an online networking platform designed for communication between job seekers (workers) and employers. This Terms of Use (TOU) governs the relationship between you the “client”, Sysco, as a current customer of Gigzilla or as an end-user of Gigzilla’s services.

We, Taylor Speaks Corporation (TSC) hope you find it useful. By accessing or otherwise interacting with our servers, services, websites, mobile app ("App"), or any associated content/postings together, "Gigzilla" and Sysco), agree to these TOU) (last updated August 20, 2021). The client acknowledges and agrees Gigzilla is a private site owned and operated by TSC. If you, the client, are accessing or using Gigzilla on behalf of a business, you represent and warrant to Gigzilla that you have authority to accept the TOU on behalf of that business and that that business agrees to the TOU. If you do not agree to the TOU, you are not authorized to use Gigzilla or download the App. We may modify the TOU at our discretion but with thirty (60) days advance notice to the client. TSC Gigzilla will notify the client of changes after which the client will be bound by them if the client continues to use Gigzilla. Our privacy policy (insert link here), prohibited list (insert link here), and all other policies, site rules, and agreements referenced below or on Gigzilla, are fully incorporated into this TOU, and you agree to them as well.

LICENSE

If you agree to the TOU and (1) are of sufficient age and capacity to use Gigzilla and be bound by the TOU, or (2) use Gigzilla on behalf of a business, thereby binding that business to the TOU, we grant you a limited, revocable, non-exclusive, non-assignable license to use Gigzilla in compliance with the TOU; unlicensed use is unauthorized. You, the client, agree not to display, "frame," make derivative works, distribute, license, or sell, content from Gigzilla, excluding postings you create. Sysco will consider limited and preapproved use of derivative works from our content with specific permissions in advance of any use by Gigzilla, TSC.

USE

Unless licensed by us in a separate written or electronic agreement, you agree not to use or provide software (except our App and general-purpose web browsers, and email clients) or services that interact or interoperate with Gigzilla, e.g., for downloading, uploading, creating/accessing/using an account, posting, flagging, emailing, searching, or mobile use. You agree not to copy/collect Gigzilla content via robots, spiders, scripts, scrapers, crawlers, or any automated or manual equivalent (e.g., by hand). Misleading, unsolicited, and/or unlawful postings/communications/accounts are prohibited, as is buying or selling accounts. You agree not to post content that is prohibited by any of Gigzilla’s policies or rules referenced above ("Prohibited Content"). You agree not to abuse Gigzilla’s moderation or reporting processes. You agree not to collect Gigzilla’s user information or interfere with Gigzilla. You agree we may moderate Gigzilla access/use at our sole discretion, e.g., by blocking, filtering, re-categorizing, re-ranking, deleting, delaying, holding, omitting, verifying, or terminating your access/ license/ account.

RULES

We intend to moderate the Gigzilla platform at all times. You agree not to bypass said moderation. Unless licensed by us in a separate written or electronic agreement, you agree not to (i) rent, lease, sell, publish, distribute, license, sublicense, assign, transfer, or otherwise make available Gigzilla or our application programming interface ("API"), (ii) copy, adapt, create derivative works of, decompile, reverse engineer, translate, localize, port or modify the App, the API, any website code, or any software used to provide Gigzilla, (iii) combine or integrate Gigzilla or the API with any software, technology, services, or materials not authorized by us, (iv) circumvent any functionality that controls access to or otherwise protects Gigzilla or the API, or (v) remove or alter any copyright, trademark or other proprietary rights notices. You agree not to use Gigzilla or the API in any manner or for any purpose that infringes, misappropriates, or otherwise violates any intellectual property right or other right of any person, or that violates any applicable law.

LIQUIDATED DAMAGES

You, the client, further agree that if you violate the TOU, or you encourage, support, benefit from, or induce others to do so, you will be jointly and severally liable to us for liquidated damages as follows for: (A) collecting/harvesting Gigzilla users' information, including personal or identifying information; (B) publishing/misusing personal or identifying information of a third party in connection with your use of Gigzilla without that party's express written consent; (C) misrepresenting your identity or affiliation to anyone in connection with your use of Gigzilla; (K) aggregating, displaying, framing, copying, duplicating, reproducing, making derivative works from, distributing, licensing, selling, or

exploiting Gigzilla’s content for any purpose without our express written consent; (M) bypassing or attempting to bypass our moderation efforts. You agree that these violations reasonable and damages may/will be pursued by TSC.

FEES & PAYMENT (Employer postings)

When you, the client, make a paid posting (Employer posting) or create a paid subscription account, you authorize us to charge your account. Any tax is additional. Fees are non-refundable, even for posts we remove, delay, omit, re-categorize, re-rank, or otherwise moderate. We may refuse any posting.

Employers may upgrade their account to a paid subscription level, and will be required to select a payment plan and provide accurate payment information. Employer agrees to promptly update account information with any changes in payment information. Employer agrees to pay Gigzilla in accordance with the terms set forth in Employer’s invoice and these Terms, and Employer authorizes Gigzilla or its third-party payment processors to bill Employer in advance on a periodic basis in accordance with such terms.

Employer may cancel their plan any time with 7-days notice and we will cease invoicing Employer for the paid subscription plan. If Employer disputes any charges Employer must let us know within 60 days after the date that we invoice Employer. All amounts paid are non-refundable and we reserve the right to change our prices in the future. If we, TSC, increase our prices for the Service plan applicable to the client, Employer, we will provide sixty (60) days notice of the change on the Gigzilla Platform or via email to client, Employer before the change takes effect. Gigzilla may choose to bill Employer through an invoice, in which case, full payment for invoices issued must be received by the date specified in the invoice.

SMS TEXT MESSAGES We use text messaging as part of our service.

Gigzilla will occasionally sends text messages using the short message service (“SMS”) to mobile devices. Our service provider delivers these text messages, which consist of administrative information, such as verification PINs, or invitations to join Gigzilla.

You, the client, acknowledge that you are not required to consent to receive promotional texts or calls as a condition of using Gigzilla. Call and text message communications

may be generated by automatic telephone dialing systems. Standard message and data rates applied by your cell phone carrier may apply to the text messages we send you.

DISCLAIMER & LIABILITY

We, Taylor Speaks Corporation recognize the joint collaboration with Sysco in the Gigzilla Pilot program In good faith by both parties the following is recognized; To the full extent permitted by law, Taylor Speaks Corporation, and its officers, directors, employees, agents, licensors, affiliates, and successors in interest ("Gigzilla Entities") (1) make limited promises, warranties, or representations as to Gigzilla, including its completeness, accuracy, availability, timeliness, propriety, security or reliability; (2) provide Gigzilla on an "AS IS" and "AS AVAILABLE" basis and any risk of using Gigzilla will be jointly addressed and resolved.

CLAIMS & INDEMNITY

Any claim, cause of action, demand, or dispute arising from or related to Gigzilla ("Claims") will be governed by the internal laws of Virginia, without regard to conflict of law provisions, except to the extent governed by US federal law. Any Claims will be exclusively resolved by courts in Harrisonburg, VA (except we may seek preliminary or injunctive relief anywhere). You agree to (1) submit to the personal jurisdiction of courts in Harrisonburg, VA; (2) indemnify and hold Gigzilla Entities harmless from any Claims, losses, liability, or expenses (including attorneys' fees) that arise from a third party and relate to your use of Gigzilla; and (3) be liable and responsible for any Claims we may have against your officers, directors, employees, agents, affiliates, or any other party, directly or indirectly, paid, directed or controlled by you, or acting for your benefit.

TRADEMARKS

GIGZILLA, "Gigzilla" and the dinosaur symbol logo are registered trademarks with the U.S. Patent and Trademark Office and with multiple trademark offices around the world.

MISC.

Unless you have entered into a separate written or electronic agreement with us that expressly references the TOU, this is the exclusive and entire agreement between us and you, and supersedes all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral. Users complying with prior written licenses may access Gigzilla thereby until authorization is terminated. Our actions or silence toward you or anyone else does not waive, modify, or limit the TOU or our ability to enforce it. The USE, LIQUIDATED DAMAGES, and CLAIMS & INDEMNITY sections survive termination of the TOU, and you will remain bound by those sections. If a TOU term is unenforceable, it shall be limited to the least extent possible and supplemented with a valid provision that best embodies the intent of the parties. The English version of the TOU controls over any translations.